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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  27th  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,  Esqr,  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  Esqr  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  Esqr  for  their  Speaker  to  his  Excellency  for  his  approbation 

Which  Choice  his  Excellency  was  pleased  to  approve  of 

Then  the  said  Adolph  Philipse  Esqr  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  and  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  &  yf  members  returned  to  ye  House 

The  Speaker  resumed  the  Chair 

Ordered,  that  His  Excellencyes  Speech  be  read 

Which  being  read  accordingly  It  was  further 

Ordd,  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  ye  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  Horible  James  De  Lancey  Esqr  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  Honble  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,  Novr  9'A,  1743. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honm  CADW'  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 

PlIILIP  CORTLANDT, 

HENRY  LANE, 

DAN'  HORSMANDEN,  Esq". 

The  Speaker  assumed  the  Chair 

The  Honble  James  De  Lancey  Esqr  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  sd  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  Esqrs  do  wait  on  His  Excellency 
&  know  his  pleasure  when  he  will  be  attended  with  the  said  Address 

The  Honble  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,  Novr  10'*,  1744.     (sic) 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  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  Esqr  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.  [  2S  leS'. 

To  His  Excellency  The  Honourable  GEORGE  CLINTON  Esqr  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  Govr  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  ye  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  ye  sd  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  ARCiid  KENNEDY,  Esq,  Speaker, 
JAMES  DE  LANCET, 

PlIILIP  CORTLANDT, 

DA'  HORSMANDEN,  Esq™. 

The  Speaker  assumed  the  Chair 

Then  ye  Council  adjourned  till  Fryday  morning  11  of  the  clock 


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

Fryday,  NovT  18'",  1743. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

A  Message  from  the  Assembly  by  Mr  Richard  &  Mr  Haasbrook  with  the  Bill  Entituled,  An 
Act  to  Let  to  Farm  the  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the  1st  day  of 
Novr  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,  Novr  19'*,  1743. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Hontte  ARCHIBALD  KENNEDY,  Esqr,  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  Dan1  Horsmanden  Esqr  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,  Novr  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^S1' 

Wednesday,  Novr  23d,  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  Novr  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  Dan1  Horsmanden  Esqr  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  ye  clock 


Thursday,  NovT  24'*,  1743. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

A  Message  from  the  Assembly  by  Col1  Schuyler  &  Mr  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,  NovT  25'*,  1743. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
PHILIP  CORTLANDT, 
HENRY  LANE, 
DA'  HORSMANDEN,  Esqr*. 

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  sd  Report  be  now  made 

Tlifii  the  Honble  Da1  Horsmanden  Esqr  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,  Novr  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  Col1  M  lore  &  Col1  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  M1'  Nicholl  &  Mr  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  &  Mr  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  ye  2d  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  Da1  Horsmanden  Esqr  do  acquaint  the  Assembly  that  the  Council 
have  passed  the  said  Bill  without  any  amendm' 

The  Council  adjourned  till  to  morrow  morning  10  of  ye  clock 


Wednesday,  Novr  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  Decr  1740  to  the  first  day  of  Decr  1741  be  now 
read  ye  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  Esqr  in  liis  place  reported  that  the  Comittee  had  gone 
through  tlie  said  Bill  &  had  directed  him  to  report  the  same  without  any  amendm1 

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,  Decr  1s'. 
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  Dec1"  1740  to  the  first  day  of  Decr  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  Da1  Horsmanden  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  I'ave  passed  the  said  Bill  without  any  amendment 

The  Memorial  &  petition  of  Richard  Bradley  Esqr  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  Mr  Attorney  General  and  that 
he  be  heard  against  ihe  said  Bill  to  morrow  before  the  Committee 

A  Message  from  the  Assembly  by  Mr  Haasbmok  &  Mr  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  2d,  1743 
The  Council  met  according  to  adjournment 

PRESENT —  The  Hon''le  ARCHIBALD  KENNEDY,  Esqr,  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  Esqr  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  &  Mr  Murray  of  Council 
with  him  attended  without  in  order  to  being  heard  ag1  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  Esqr  Chairman  of  the  Committee  to  whom  the  afd  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 
Novr  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,  Dtcr  6'*,  1743. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honllc  ARCHIBALD  KENNEDY,  Esq,  Speaker, 

HENRY  LANE, 

DA1  IIOESMANDEN,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Cap"  Livingston  &  Mr  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  Col1  Chambers  and  Mr  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  Col1  Beekman  and  Mr  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  Mr  Joins  &  Mr  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  Col1  Beekman  &  Mr  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  Mr  Ludlovv  &  Mr  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  Mr  Ludlow  &  Mr  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  Col1  Philipse  &  Mr  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  Mr  Glen  &  Mr  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  sd  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,  Decr  7"',  1743. 
The  Council  met  according  to  adjournment 

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

DA1  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  2d  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  ye 
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  ye  2d  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  [2i9dt^-"'nT' 

The  Speaker  reassumed  the  Chair 

Then  the  Honble  Daniel  Horsmanden  Esqr  Chairman  of  the  Committee  to  whom  the  sd  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  Mr  Richard  &  Mr  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  Honm  ARCHIBALD  KENNEDY,  Esqr,  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,  Decr  15'A,  1743. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honble  ARCHIBALD  KENNEDY,  Esqr,  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  Esqr  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.  Da1  Horsmanden  Esq1'  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  sd  Bill  with  the  sd  amendm'5  to  which  they  desire  their  concurrence 

A  Message  from  the  General  Assembly  by  Mr  Stillwell  and  Mr  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  Da1  Horsmanden  Esqr  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  Esqr  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 
anvMui15  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  Esqr  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  sd  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  Esqr  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  Esqr  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  Mr  Jones  &  Mr  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  15th  Decr 

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

Ordered,  that  the  Honble  James  De  Lancey  Esqr  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  Mr  LeCount  and  Mr  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  Mr  Richnrd  and  Mr  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  Mr  Jones  and  Mr  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  sd  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  Esqr  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  ye  clock 


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

Fryday,  Decr  16'*,  1743. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honble  ARCHIBALD  KENNEDY,  Esqr,  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  Esqr  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  ye  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  Da1  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  Da1  Horsmanden  Esqr  do  carry  the  said  Bill  with  the  amendments 
to  the  General  Assembly  &  acquaint  them  that  the  Council  have  passed  the  sd  Bill  with  those 
amendm'8  to  which  they  desire  ye  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  :  1st  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  ye  word  (unhnppy) 

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

10.  "  19  Strike  out  ye  word  (might  &  instead  thereof  insert  ye  word  (shall 
11.               "             20  Strike  out  ye  word  (discharge)  &  instead  thereof  insert  ye  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,  Esqr,  Speaker, 
JAMES  DE  LANCEY, 

PlIILIP  CORTLANDT, 

HENRY  LANE, 

DA'  HORSMANDEN,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Col1  Moore  &  Col1  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  Esqr  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  Esqr  went  with  the  sd  message  &  being  returned 

A  Message  from  the  General  Assembly  by  Col1  Moore  and  Mr  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  Esqrs  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  Esqr  do  acquaint  the  General  Assembly 
therewith 

The  Council  adjourned  during  pleasure 

The  Speaker  resumed  the  Chair 

The  Honble  James  De  Lancey  E.sqr  reported  to  the  Council  that  the  Honble  Daniel 
Horsmanden  Esqr  &  himself  had  met  Mr  Jones,  Col1  Philipse,  Mr  Richard  &  Col1  Moore 
managers  for  the  General  Assembly  at  ye  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  ye  better  regulating  };C  Militia  which  Reasons  he  delivered  in  to 
the  Council  &  the  same  were  read  and  are  as  follow: 

Assembly  Chamber  Decr  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  amendmts  against  to  morrow  morning 

The  Council  adjourned  till  to  morrow  morning  nine  of  the  clock 


Saturday,  DecT  17"',  1743. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 
JAMES  DE  LANCEY, 

PlIILIP  CORTLANDT, 

HEXRY  LANE, 

DA'  HORSMANDEN,  Esq™. 

The  Speaker  assumed  the  Chair 

The  Honble  James  De  Lanrey  Esqr  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  ye  Conference  to  be  held  for  that  purpose 

Ordered,  th;tt  the  Honble  James  DJ  Lancey  &  Da1  Horsmanden  Esq"  be  managers  for  the 
Council  at  that  Conference 

Ordered,  that  the  H6;ible  Henry  Lane  Esqr  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,  Lieut1  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 

1st  That  if  the  amendment  be  in  itself  reasonable  it's  having  been  omitted  in  any  Act  passed 
by  the  Lieut1  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  yc  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  ye  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  Lieut1  Governor  the  Council  & 
General  Assembly  to  which  the  Lieut'  Governour  assented  the  27th  of  Novr  1741  The 
Gentlemen  of  his  Majestyes  Council  and  the  Clerk  of  the  Council  are  expresly  excepted  by  two 
clauses  in  page  the  2d 

2dly  And  the  Council  also  find  that  the  same  exemption  hath  been  further  approved  by  the 
Lieut1  Governor  the  Council  &  Assembly  by  An  Act  passed  the  29th  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  ye 
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  Amendmts 

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  ye  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  Esqr  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  Esqr  reported  that  the  Honble  Daniel  Horsmanden  Esqr  & 
himself  had  met  Col1  Moore,  Mr  Richard,  Mr  Van  Home  &  Mr  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  Col1  Moore  &  Mr  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  &  Dan1  Horsmanden  Esq"  be  Managers  for  the  Council 
at  that  Conference 

Ordered,  that  the  Honble  Henry  Line  Esqr  do'  acquaint  the  General  Assembly  therewith 

Then  the  Council  adjourned  during  pleasure 

The  Speaker  resumed  the  Chair 

The  Honble  James  De  Lancey  Esqr  reported  to  the  Council  that  Mr  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  sd  amendments 


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

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

A  Message  from  the  General  Assembly  by  Col1  Moore  &  Mr  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  Govr  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  Governm1  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  ye 
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  11th  day  of  April,  1744. 

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

PRESENT  —  The  Honble  CADWALLADER  GOLDEN,  Esqr,  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  Esqr  being  come  to  the  Council  Chamber 

Tne  Honble  Philip  Livingston  Esqr  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  ye  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  Mr  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  ye  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  ye  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  ye  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  ye  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  ye  clock 


Fry  day,  April  20'*  1744. 
The  Council  met  according  to  adjournm* 
PRESENT  —  The  Honble  ARCHIBALD  KENNEDY,  Esqr, 

PlIILIP  CORTLANDT, 

HENRY  LANE,  Esqrs, 

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,  Esqr,  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  Mr  Jones  &  Mr  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  15th  Decr  last 

The  Ilonble  James  De  Laneey  Esqr  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  Esqr  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  Mr  Kicol  and  Mr  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.  [ 


2fd 


Ordered,  that  the  Honble  Cadwallader  Golden,  Philip  Livingston,  James  De  Lancey  &  Da1 
Horsmanden  Esqrs  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  Esqr  do  acquaint  the  General  Assembly 
therewith 

The  Council  adjourned  till  to  morrow  morning  10  of  ye  clock 


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

PRESENT —  The  Honble  CADWALLADEE  GOLDEN,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
ARcnd  KENNEDY, 
JAMES  DE  LANCEY, 
PHILIP  CORTLANDT, 
HENRY  LANE, 
DA1  HORSMANDEN,  Esqrs. 

The  Speaker  assumed  the  Chair 

The  Honble  James  De  Lancey  Esqr  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  ye  sd  Address  which 
he  delivered  in  at  the  Table  where  the  same  was  read  and  approved  of 

Ordered,  that  the  Honble  James  De  Lancey  Esqr  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  Col1  Morris  &  Mr  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  ye  words  following 

To  His  Excellency  The  Honble  GEORGE  CLINTON  Esqr  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  Esqr  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  Esqr  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  Esqr  reported  that  himself  with  Col1  Morris  &  Col1  Philipse 
from  the  General  Assembly  had  waited  on  his  Excy  according  to  the  above  order  and  that  his 
Excy  was  pleased  to  appoint  to  morrow  morning  ten  of  the  clock 

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


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

PRESENT  —  The  Honble  CADWALLADER  GOLDEN,  Esqr,  Speaker 

PHILIP  LIVINGSTON, 
Aufii'1  KENNEDY, 
JAMES  DE  LANCEY, 

PlIILIP  CORTLANDT, 

HENRY  LANK, 

DA1  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  ye 
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,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
PHILIP  CORTLANDT, 
HENRY  LANE, 

DA1  HORSMANDEN,  Esq". 

The  Speaker  assumed  the  Chair 

The  Honble  James  De  Lancey  Esqr  according  to  the  order  of  Council  of  ye  15th  of  Decr  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  Mr  Nicol  and  Mr  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  yc  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  ye  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  ye  2d  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 
2d  time 

Then  the  said  Bill  was  read  ye  2d  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  Dan1  Horsmanden  Esqr  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,  Esqr,  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  Esqr  do  acquaint  the  General  Assembly  that  the  Council 
Lave  passed  the  sd  Bill  without  any  amendment 

A  Message  from  the  General  Assembly  by  Mr  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  ye  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  Da1  Horsmanden  Esqr  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  ye  sd  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  Dan1  Horsmanden  Esqr  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  Col1  Schuyler  &  Mr  Nicol  with  the  Bill  Entitled, 
An  Act  for  repairing  &  compleating  the  Fortifications  of  this  Colony  for  defraying  the  charge  of 
ye  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  Col1  Beekman  &  Mr  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  Da1  Horsmanden  Esqr  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  ye  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  y6  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  Da1  Horsmanden  Esqr  Chairman  of  the  Committee  to  whom  the  su  Bills  were 
referred  in  his  place  reported  that  the  Council  had  gone  through  ye  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  ye  third  time 

The  Council  adjourned  till  to  morrow  morning  10  of  ye  clock 


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

PRESENT —  The  Honble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 
JAMES  DE  LANCEY, 

PlIILIP    CORTLANDT, 

HENRY  LANE, 

DANIEL  HORSMANDEN,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Col1  Morris  and  Mr  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  ye  County  of  Westcr  desiring  the  Concurrence  of  the  Council 
therewith 

Then  the  said  Bill  was  read  ye  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  ye  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*qr  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  ye 
second  time  and  Committed  to  the  Gentlemen  of  the  Council 

The  Council  resolved  themselves  into  a  Committee  to  consider  of  ye  sd  Bill 

The  Committee  having  duly  weighed  and  Considered  of  ye  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  yc  said  Report  be  now. made 

The  lLono''k'  Daniel  Hursmauden  Esqr  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  Hono7'1"  Aizcn"1  KENNEDY,  Esqr,  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  Honoble  James  De  Lancey  Esqr  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  ye  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,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
PHILIP  CORTLANDT, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY,  Esqra. 

The  Speaker  assumed  the  Chair 

The  Council!  being  informed  that  that  there  were  not  a  sufficient  number  of  ye  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  ye  Council  Chamber  attended  as  usual  sent  a  Message  by  ye  Deputy 
Clerk  of  ye  Council  to  ye  General  Assembly  requiring  their  Immediate  attendance  at  ye  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  ye  Speaker  of  ye  Council  &  another  to  ye  Speaker  of  ye  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. 

18th  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,  Esqr,  Speaker, 
JAMES  DE  LAXCT.Y, 

PlIILIP  CORTLANDT, 

DANIEL  HORSMANDEN, 
JOSEPH  MURRAY,  Esqrs. 

The  Council  adjourned  till  Tuesday  morning  next  11  of  ye  clock 


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

PRESENT  —  The  Honbl<i  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 
JAMES  DE  LANCET, 

PlIILIP  CORTLANDT, 

DANIEL  HORSMANDEN,  Esq™. 

The  Speaker  assumed  the  Chair 

His  Excellency  communicated  to  the  Council  by  John  Catherwood  Esqr  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 

1st  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  ye  Cannon  on  Copsey  Battery  &  a  Fence  from  ye  East  to  ye 
West  side  thereof 

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

2dly  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  ye  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  ye  Cannon  shot  and  placing  them  on  Boxes  next  to  ye 
proper  Guns 

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

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

4thly  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.  [  2i^  •§•""• 

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

PRESENT  —  The  HonoUe  ARCHd  KENNEDY,  Esqr,  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  Esqr  his  private  Secretary 
a  Message  he  was  then  sending  to  the  Gen1  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  ye  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  31st  July  1744 

Then  the  Council  adjourned  to  Fryday  the  3d  August  1744 


F/yday,  August  3d,  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,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

A  Message  from  the  Assembly  by  Coll  Morris  &  Mr  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  ye  sd  Bill  was  read  the  first  time  and 

Ordered  to  be  read  ye  second  time 

The  Council  adjourned  till  Fryday  morning  10  of  ye  clock 


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

PRESENT  —  The  Honble  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

A  Message  from  the  Assembly  by  Col1  Schuyler  and  Cap"  Winne  with  ye  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  ye  first  time  & 

Ordered  a  second  Reading 

A  Message  from  the  Assembly  by  Mr  Richard  and  Mr  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 
"  Novr  1744  to  ye  first  day  of  Novr  174-5,  desiring  ye  concurrence  of  the  Councill  thereto 

Ordered,  that  ye  sd  Bill  be  now  read 

Then  the  said  Bill  was  read  ye  first  Time  & 

Ordered  to  be  read  ye  2d  time 

A  Message  from  ye  Assembly  by  Mr  Jones  &  Mr  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  ye  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  Col1  Moore  &  Mr  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  ye  sd  Bill  be  now  read 

Then  ye  sd  Bill  was  read  ye  first  time  & 

Ordered  to  be  read  ye  2d  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  ye  sd  Bill  was  read  the  second  time  and 

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

Then  ye  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,  Esqr,  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  ye  Council  a 
Message  he  had  sent  yesterday  to  ye  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  ye  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  ye  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  ye  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  ye  French.  How  fatal  such  an 
Event  would  prove  to  this  Colony  in  particular  and  the  British  Interest  upon  ye  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  ye  most 
profitable  Branch  of  our  Trade  into  such  a  method  for  ye  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  ye  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  ye  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  ye  greatest  earnestness  recommend  it  to  you  to  make  provision  for  ye 
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  ye  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  ye  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  ye  Comissioners  of  Indian  Affairs  (herewith  also  laid 
before  you)  you  will  see  what  further  Information  I  have  received  concerning  ye  French  Designs 
agl  that  Important  place  of  Oswego 

G.  CLINTON 

Mr  Catherwood  also  laid  before  ye  Council  a  Letter  from  ye  Com"  of  Indian  Affairs  at  Albany 
to  his  Excy  dated  ye  13lh  Instant  Also  an  affidavit  of  George  Swan  an  Indian  Trader  which 
were  read 


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

A  Message  from  ye  Assembly  by  Col1  Schuyler  and  Mr  Renselaer  with  ye  Bill  Entitled  "An 
"Act  for  recovering  Arrearages  of  Taxes  and  Eates  in  ye  City  and  County  of  Albany  "  desiring 
ye  Concurrence  of  ye  Council  thereto 

Ordered,  that  ye  sd  Bill  be  now  read 

Then  the  said  Bill  was  read  ye  first  time  & 

Ordered  to  be  read  ye  2d  time 

A  Message  from  ye  Assembly  by  Mr  Richard  &  Col1  Moore  with  the  Bill  Entitled,  "An  Act  to 
"  Explain  An  Act  Entitled,  An  Act  to  prolong  y8  Currency  of  Bills  of  Credit  emitted  by  virtue 
"  of  An  Act  Entitled,  An  Act  for  Emitting  Bills  of  Credit  for  ye  payment  of  the  Debts  and  for 
"  ye  better  support  of  the  Government  of  this  Colony  and  other  the  purposes  therein  mentioned 
desiring  ye  concurrence  of  the  Council  thereto 

Ordered,  that  the  said  Bill  be  now  read 

Then  the  said  Bill  was  read  ye  first  time  & 

Ordered  to  be  read  y6  second  time 

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


Wednesday,  Aug'  22d,  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  ye  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  ye  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  ye 
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  IIonble  Daniel  Horsmanden  Esqr  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  Honble  Daniel  Horsmanden  Esqr  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  y9  clock 


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

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

PRESENT  —  The  Honble  CADWALLADER  GOLDEN,  Esqr,  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  Novr  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  Esqr  do  acquaint  the  Assembly  that  ye  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  Esqr  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  ye  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  Esqr  do  carry  ye  sd  Bill  to  the  General  Assembly 
&  acquaint  them  that  the  Council  have  passed  the  said  two  Bills  with  an  amendm1  to  each  of 
them  to  which  they  desire  their  concurrence 

Then  the  Council  adjourned  till   Tuesday  morning  10  of  ye  clock 


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

PRESENT —  The  Honble  CADWALLADER  COLDEN,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Glen  and  Captn  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  adjournm1 

PRESENT —  The  Ho/Me  CADWALLADER  GOLDEN,  Esqr,  Speaker, 
PHILIP  LIVINGSTON, 

PlIILIP  CORTLANDT, 

DAN'  HORSMANDEN,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Richard  and  Mr  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  ye  sd  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,  Esqr,  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  ye  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  Esqr  Chairman  of  the  Committee  to  whom  the  said  Bill  was 
referred  in  his  place  reported  that  they  had  gone  through  ye  said  Bill  and  had  directed  him  to 
report  the  same  with  several  amendmts 

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  ye  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  Esqr  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  Mr  Nicol  &  Mr  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  ye  Degree  of  Grand  Larceny  to  acquaint  the  Council  that  ye 
Assembly  agree  to  ye  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  ye  clock 


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

PRESENT  —  The  Honble  CADWALLADER  GOLDEN,  Esqr,  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  ye  same 

The  Speaker  resumed  the  Chair 

Ordered,  that  ye  sd  Report  be  now  made 

The  Honble  Daniel  Horsmanden  Esqr  Chairman  of  the  Committee  to  whom  the  said  Bill 
was  referred  in  his  place  reported  that  ye  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  ye  third  time 

Then  the  said  Bill  was  read  ye  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  Esqr  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  Esqr  do  carry  the  said  Bill  and  the  amendments 
made  thereto  by  ye  Council  to  the  General  Assembly  &  acquaint  them  that  ye  Council  have 
passed  that  Bill  with  the  said  amendm"  to  which  they  desire  their  concurrence 

A  Message  from  the  General  Assembly  by  Col1  Schuyler  &  Col1  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  Mr  Glen  and  Captn  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  ye  sd  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  1s',  1744. 
The  Council  met  according  to  adjournm' 

PRESENT —  The  Honlle  CADWALLADER  GOLDEN,  Esqr,  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  ye  first  time 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered,  to  be  read  ye  second  time 

His  Excellency  the  Govr  attended  as  usual  being  come  to  the  Council  Chamber  sent  a  Message 
to  the  General  Assembly  by  the  Deputy  Clerk  of  ye  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  ye  Council  Chamber  &  adjournd  till  Tuesday  morning  10  of  ye  clock 


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

PRESENT  —  The  Honble  CADWALLADER  COLDEN,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Livingston  and  Mr  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  Mr  Pierson  and  Mr  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  Esqr  his  private  Secretary  a  Letter 
from  the  Commissioners  for  Indian  Affairs  to  his  Excellency  dated  the  27th  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  27th  of  August  1744 
May  it  please  your  Excellency 

Since  our  last  of  the  13  Inst  we  received  your  Excellencys  flavours  of  9  &  15th  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  Mr  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  yor  Excys 
commands  herein 

We  have  also  received  your  Excys  further  favours  of  21st  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.  Mr  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  &ca 

Myndert  Schuyler 
Abm  Cuyler 
Corn3  Cuyler 
Dirk  Ten  Brook 
Nicholas  Bleeker 
Johs  Lansing 
John  Depeyster 


The  Council  taking  into  Consideration  the  aforesd  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  Esqr  acquaint  the  General  Assembly  that  ye  Council 
desire  a  free  conference  with  that  Honble  House  on  ye  subject  matter  of  the  sd  Letter  in  the 
Court  House  in  ye  City  Hall  at  eleven  of  the  clock  to  morrow  morning. 

A  Message  from  the  General  Assembly  by  Col1  Philipse  &  Mr  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  ye  clock 


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

PRESENT  —  The  Honble  CADWALLADER  GOLDEN,  Esqr,  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  ye  2d  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  ye  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  ye  conference 

The  Speaker  resumed  the  Chair 

The  Honble  Cadwalladcr  Golden  Esqr  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  ye  purport  aforesaid 

Resolved,  that  the  Honourable  Cadwallader  Golden,  Philip  Livingston,  James  De  Lancey  & 
Joseph  Murray  Esqrs  be  a  Committee  to  meet  ye  Committee  of  the  General  Assembly 
accordingly  And  that  they  meet  at  seven  of  the  clock  this  Evening  at  the  House  of  Mr  Edward 
Willet 

Ordered,  that  ye  Honble  Archibald  Kennedy  Esqr  acquaint  the  General  Assembly  therewith 

A  Message  from  the  General  Assembly  by  Col1  Schuyler  &  Mr  Cornel  to  acquaint  ye  Council 
that  that  House  have  appointed  Col1  Morris,  Col1  Philipse,  Captn  Livingston,  Mr  Verplanck  Mr 


•  23d    Assem . 


860  Journal  of  the  Legislative  Council  of  New  York.  [!3dseM'n. 

Nicol,  Mr  Richard,  Mr  Jones  &  Col1  Beekman  to  be  a  Committee  of  their  House  to  meet  ye 
committee  of  the  Council  at  ye  time  &  place  and  upon  the  subject  matter  of  their  Message  of 
this  day 

The  Council  adjourned  till  to  morrow  morning  10  of  ye  clock 


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

PRESENT  —  The  Honble  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 

PlIILIP  CORTLANDT, 

JOSEPH  MURRAY,  Esq™. 

The  Speaker  assumed  the  Chair 

The  Honble  James  De  Lancey  Esqr  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  sd  Address  which 
he  delivered  in  at  ye  Table  where  the  same  was  read  and  approved  of 

Ordered,  that  the  Honble  James  De  Lancey  Esqr  do  acquaint  the  General  Assembly  that  ye 
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  ye  second  time 

Then  the  said  Bill  was  read  ye  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  Col1  Morris  and  Mr  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  ye  same  is  engrossed  &  the  Speaker  of  the 
Council  has  signed  it  the  Speaker  of  ye  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  Esqr  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  Esqr  do  Carry  the  Engrossed  Address  to  ye 
General  Assembly  signed  by  order  of  the  Council  by  the  Honble  Cadwallader  Colden  Esqr 
Speaker  thereof;  And  desire  they  would  direct  their  Speaker  to  sign  it  likewise;  And  also 
acquaint  them  that  ye  Council  have  appointed  the  Honble  James  De  Lancey  Esqr  to  wait  on 
his  Excellency  with  the  sd  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  Mr  Verplanck  &  Mr  Renselaer  with  the  engrossed 
Address  of  both  Houses  to  acquaint  the  Council  that  they  have  appointed  Col1  Morris  &  Col1 
Schuyler  to  Joyn  with  ye  Honble  James  De  Lancey  Esqr  to  wait  on  his  Excelly  with  the  sd 
Engrossed  Address 

The  Council  adjourned  till  to  morrow  morning  10  of  the  clock 


Frydmj,  8epT  7'A,  1744. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honble  CADWALLADER  COLDEN,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSJIANDEN, 
JOSEPH  MURRAY,  Esqrs. 

The  Speaker  assumed  the  Chair 

The  Honble  Archibald  Kennedy  Esqr  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  dm15 
will  be  made  to  the  a'bresd  Bill  now  before  ye  Council!. 

The  Deputy  Surveyor  and  Auditor  of  his  Majesty's  Revenues  within  this  province  likewise 
presented  to  the  Council  a  Memorial  setting  forth,  that  ye  Memorialist  perceiving  that  their 
Honours  had  now  under  their  consideration  ye  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  ye  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,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

The  Honble  James  De  Lnncey  Esqr  reported  that  himself  with  Col1  Morris  &  Col1  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  ye  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  Esqr  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  ye  clock 


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

PRESENT  —  The  Honble  CADWALLADER  GOLDEN  Esqr,  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,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

A  Message  from  the  Assembly  by  Mr  Richard  &  Col1  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  Mr  Nicol  &  Mr  Ludlow  with  the  Bill  Entitled,  "An  Act  for 
"the  Relief  of  ye  poor  in  the  Counties  of  Suffolk  aud  Orange"  desiring  ye  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  Mr  Ludlow  &  Mr  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  ye  clock 


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

PRESENT — •  The  Honblc  CADWALLADER  GOLDEN,  Esq,  Speaker, 

PHILIP  LIVINGSTON, 
AiiCHd  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  &  Mr  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  Mr  Stilwell  and  Mr  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  sd  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  yc  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.  [23ds^™' 

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  Esqr  Chairman  of  the  Committee  to  whom  the  said  Bill 
was  referred  in  his  place  reported  that  the  Committee  had  gone  through  ye  same  &  had  directed 
him  to  report  it  without  amendm1 

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  amendm15  thereto  which  he  delivered  in 

Then  the  said  Amendm15  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  ye  clock  in  the  ye  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  Esqr  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  Esqr  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  Esq1'  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  amendm1 

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

Ordered,  that  the  said  Bill  be  read  the  third  time 


Thursday,  SepT  13'A,  1Y44. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honble  CADWALLADER  GOLDEN,  Esqr,  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  ye  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass  as  amended 

Ordered,  that  the  Honble  James  De  Lancey  Esqr  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  ye  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  ye  first  Day  of  December  1741 " 
be  now  read  ye  second  time 

Then  the  said  Bill  was  read  the  second  time  & 

Ordered  to  be  committed  to  the  Gentlemen  of  ye  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  ye  second  time  & 

Ordered  to  be  committed  to  the  Gentlemen  of  ye  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  ye  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,  8eptr  14'*,  1744. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honble  CADWALLADER  GOLDEN,  Esqr,  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  Col1  Morris  &  Mr  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  Mr  Richard  &  Mr  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  6th  18th  19th  &  35th 

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  19th  amendment  was  again  read  and  the  Question  put  ? 

Whether  the  Council  do  adhere  to  that  amendm' 

Resolved  unanimously,  to  adhere  to  ye  sd  amendm' 

Then  the  35th  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  Esqr  do  carry  back  the  said  Rill  &  amendments 
to  ye  General  Assembly  &  acquaint  them  that  the  Council  have  unanimously  llesolved  to  adhere 
to  their  18th  &  19lh  amendments  but  do  recede  from  the  sixth  and  35th 

A  Message  from  the  General  Assembly  by  Mr  Le  Count  &  Mr  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  Decr  1740  to  ye  first  day  of 
'  Decr  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  Esqr  Chairman  of  the  Committee  to  whom  the  said  Bills 
were  referred  in  his  place  reported  that  the  Councill  had  gone  through  ye  same  and  had  directed 
him  to  report  them  without  any  amenrlm1 

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  Esqr  do  acquaint  the  General  Assembly  that  y" 
Council  have  passed  the  said  Bills  without  any  amendm' 

A  Message  from  the  General  Assembly  by  Mr  Haasbrook  &  Mr  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  Esqr  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  ye  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  Esqr  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  18th  and  19th  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  Mr  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  ye  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,  Esqr,  Speaker, 

Mr  LIVINGSTON, 

Mr  KENNEDY, 

Mr  CHIEF  JUSTICE, 

Mr  HORS.MANDEN, 

Mr  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  ye  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  Esqr  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  ye  second  time 
Then  the  said  Bill  was  read  ye  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  Esqr  Chairman  of  the  Committee  to  whom  the  said"  Bill  was 
referred  in  his  place  reported  That  the  Committee  had  gone  through  ye  sd  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  ye  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  ye  second  time  &  committed  to  the  Gentlemen  of  the  Council  of 
any  five  of  them 

Ordered,  that  the  Bill  Entitled,  An  Act  for  ye  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  ye  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  Esqr  Chairman  of  the  Committee  to  whom  ye  sd  Bill  was 
referred  in  his  place  reported  that  the  Committee  had  gone  through  the  sd  Bill  and  had  directed 
him  to  report  it  without  Amendment 

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

A  Message  from  the  Assembly  by  Col1  Morris  &  Col1  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  ye  first  time  & 
Ordered  a  second  reading 

A  Message  from  ye  Assembly  by  Mr  Richard  &  Mr  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  yr  first  time  & 
Ordered  to  be  read  a  second  time 
The  Council  adjourned  till  Tuesday  morning  10  of  ye  clock 


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

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

PRESENT  —  The  Honble  CADWALLADER  COLDEN,  Esqr,  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  ye  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  sd  Bill  do  pass  as  amended 

Ordered,  that  the  Honble  Joseph  Murray  Esqr  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  amendm1  to  which  they  desire  their  concurrence 

A  Message  from  the  Assembly  by  Captn  Van  Home  &  Cap"  Livingston  with  ye  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  ye  first  time  & 

Ordered,  to  be  read  ye  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  ye  partition  of 
"  Lands,  and  the  said  amendment  having  been  read 

Resolved,  that  the  Council  do  recede  from  their  said  amendment 

Ordered,  that  ye  Honble  Philip  Cortlandt  Esqr  do  acquaint  the  Assembly  therewith 

Ordered,  that  the  Bill  Entitled,  "  An  Act  for  ye  better  clearing  &  further  laying  out  publick 
"  High  Roads  in  Dutchess  County"  be  now  read  the  third  time 

Then  the  said  Bill  was  read  ye  third  time  & 

On  the  Question  being  put 

Resolved  that  the  said  Bill  do  pass 

Ordered,  that  the  Honble  Philip  Cortlandt  Esqr  do  acquaint  the  Assembly  that  ye  Council 
have  passed  the  said  Bill  without  any  amendm1 

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  ye  Council  would  be  pleased  to  receive  ye  same 

The  Speaker  resumed  the  Chair 

Ordered,  that  the  said  Report  be  now  made 

The  Honble  Daniel  Horsmanden  Esqr  Chairman  of  the  Committee  to  whom  the  said  Bill 
was  referred  in  his  place  reported  that  ye  Committee  had  gone  through  ye  same  and  had  directed 
him  to  report  the  same  with  some  amendments 

Which  Amendm18  having  been  read  were  agreed  to  &  approved  of  and 

Ordered,  that  ye  sd  Bill  be  read  ye  third  time  as  amended 

Then  the  said  Bill  was  accordingly  read  ye  third  time  & 

On  ye  Question  being  put 

Resolved,  that  the  said  Bill  do  pass  as  amended 

Ordered,  that  ye  Honble  James  De  Lancey  Esqr  do  carry  the  said  Bill  and  Amendm"  to  ye 
General  Assembly  &  acquaint  them  that  ye  Council  have  passed  the  sd  Bill  with  those  Amending 
to  which  they  desire  their  concurrence 

A  Message  from  the  General  Assembly  by  Mr  Le  Count  &  Mr  Stilwell  with  the  Bill  Entitled, 
An  Act  to  prevent  the  destruction  of  Sheep  by  Dogs  &  ye  Councils  amendments  thereto  and  to 
acquaint  them  that  ye  Assembly  do  agree  to  ye  sd  amendm"  &  desire  ye  Bill  may  be  amended 
accordingly 

Then  the  sd  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  ye  Assembly  by  Mr  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  ye  concurrence  of  ye  Council  thereto 

Then  the  said  Bill  was  read  ye  first  time  & 

Ordered  to  be  read  ye  second  time 

A  Message  from  the  Assembly  by  Cap"  Winne  &  Mr  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  ye  Council 

Then  the  said  Bill  was  read  ye  first  time  & 

Ordered  to  be  read  ye  second  time 

The  Council  adjourned  till  to  morrow  morning  10  of  the  clock 


Wednesday,  Sq)tr  19'A,  1744. 
The  Council  met  according  to  adjournm1 

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  ye  second  time 

Then  the  said  Bill  was  read  ye  2a  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  ye  Council  would  be  pleased  to  receive  the  same 

The  Speaker  resumed  the  Chair 

Ordered,  that  ye  sd  Report  be  now  made 

The  Honble  Daniel  Horsmanden  Esqr  Chairman  of  ye  Committee  to  whom  the  said  Bill  was 
referred  in  his  place  reported  that  ye  Committee  had  gone  through  the  said  Bill  &  had  directed 
him  to  Report  it  without  Amendm' 

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

Ordered,  that  ye  sa  Bill  be  read  ye  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  ye  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  ye  same 

The  Speaker  resumed  the  Chair 

Ordered,  that  the  said  Report  be  now  made 

The  Honble  Daniel  Horsmanden  Esqr  Chairman  of  the  Committee  to  whom  the  said  Bills 
were  referred  in  his  place  reported  that  the  Committee  had  gone  through  ye  same  &  had  directed 
him  to  Report  ym  without  amendment 

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

Ordered,  that  the  said  Bills  be  severall  read  ye  third  time 


870  Journal  of  the  Legislative  Council  of  New  York.  [  2?^  fS™ 

Ordered,  that  ye  Bill  Entitled,  An  Act  for  naturalizing  Isaac  Abrahams  &  Peter  De  Wint  be 
now  read  ye  second  time 

Then  the  said  Bill  was  read  ye  second  time  & 

Ordered  to  be  committed 

The  Council  adjourned  till  to  morrow  morning  10  of  ye  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  ye  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  ye  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  ye  third  time 

Then  the  said  Bill  was  read  the  third  time  & 

On  the  Question  being  put 

Resolved,  that  ye  said  Bill  do  pass 

Ordered,  that  the  Honble  Philip  Cortlandt  Esqr  do  acquaint  the  General  Assembly  that  ye 
Council  have  passed  the  said  Bills  without  any  amendm' 

Order' d,  that  the  Bill  Entitled,  An  Act  for  raising  ye  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  Esqr  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  ye  Council  would  be  pleased  to  receive  the  same 

The  Speaker  resumed  ye  Chair 

Ordered,  that  the  said  Report  be  now  made 

Then  the  Honble  Daniel  Horsminden  Chairman  of  ye  Comee  to  whom  the  said  Bill  was 
referred  in  his  place  reported  that  ye  C  >uncil  had  gone  through  ye  said  Bill  &  had  directed  him 
to  report  the  same  with  some  amendm" 

Then  ye  sd  amendm"  were  read  & 

On  the  Question  being  put  ye  Report  was  agreed  to  &  approved  of  and 

Ordered,  that  ye  sd  Bill  be  read  ye  third  time  as  amended 

Then  the  said  Bill  was  accordingly  read  ye  third  time  & 

On  ye  Question  being  put 

Resolved,  that  the  said  Bill  do  pnss  as  amended 

Ordered,  that  ye  Honble  Daniel  Horsmanden  Esqr  do  carry  the  sd  Bill  with  the  amendm"  afd  to 
yc  Assembly  &  acquaint  them  that  ye  Council  have  passed  the  sd  Bill  with  those  amendm"  to 
which  they  desire  their  concurrence 

The  Council  resolved  themselves  into  a  Committee  to  consider  of  ye  Bill  Entitled,  An  Act  for 
securing  his  Majesty's  Government  of  New  York 

The  Committee  having  duely  weighed  &  considered  of  ye  sd  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  sd  Report  be  now  made 

The  Honble  Daniel  Horsmanden  Esqr  Chairman  of  the  Committee  to  whom  the  sd  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  ye  sd  amendments  were  read  & 

On  the  Question  being  put  were  agreed  to  and  approved  of 

Ordered  that  ihe  sd  Bill  be  read  ye  third  time  as  amended 

The  said  Bill  was  accordingly  read  ye  third  time  & 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass  as  amended 

Ordered,  that  the  Honble  Joseph  Murray  Esqr  do  carry  the  said  Bill  &  amendm"  to  the 
General  Assembly  &  acquaint  them  that  ye  Council  have  passed  that  Bill  with  those  amendm" 
to  which  they  desire  their  concurrence 

A  Message  from  ye  Assembly  by  Mr  Richard  &  Mr  Stilwell  with  ye  Bill  Entitled,  "  An  Act  for 
Naturalizing  Isaac  Abrahams  &  Peter  De  Wint  &  ye  Councils  amendments  thereto  &  to  acquaint 
them  that  yc  Assembly  do  agree  to  those  amendin'8  &  desire  ye  Bill  may  be  amended  accordingly 

Then  ye  sd  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  ye  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  Esqr  Chairman  of  the  Committee  to  whom  the  said  Bill 
was  referred  in  his  place  reported  that  the  Committee  had  gone  through  ye  said  Bill  and  had 
directed  him  to  report  the  same  without  any  amendment 

Ordered,  that  the  said  Bill  be  now  read  ye  third  time 

Then  the  sd  Bill  was  read  ye  third  time  & 

On  the  Question  being  put 

Rcsolt'id,  that  the  said  Bill  do  pass 

Ordered,  that  the  Honble  James  De  Lancey  Esqr  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,  Esqr,  Speaker, 
JAMES  DE  LANCEY, 

PlIILlP    CORTLANDT, 

DANIEL  HOUSJIANDEN, 
JOSEPH  MURRAY,  Esqrs. 

The  Speaker  assumed  the  Chair 

His  Excellency  communicated  to  the  Council  by  Jn°  Catherwood  Esqr  his  private  secretary  a 
Message  he  had  received  from  the  General  Assembly  which  was  read  & 

Ord/rcd  to  be  Entred  in  ye  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.  [  ^  £es88Bc ™; 

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  Honoble  Daniel  Horsmanden  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  do  desire  a  conferrence  with  ym  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  5th  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  Honoble  James  De  Lancey  and  Joseph 
Murray  Esqrs  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  Honoble  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  Mr  Livingston  and  Mr  Winne  to  acquaint  the  Council  that 
the  Assembly  agree  to  the  amendments  made  to  the  Bill  Entituled,  An  Act  for  Securing  his 
Majesties  Governm1  of  New  York  and  desire  the  Bill  may  be  amended  accordingly 

Then  the  said  Bill  was  accordingly  amended 

A  Message  from  the  Assembly  by  Mr  Pierson  and  Mr  Cornell  with  the  Bill  Entituled,  An  Act 
to  prevent  the  destruction  of  Sheep  by  Dogs  and  ye  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  Honoble  Daniel  Horsmanden  Esqr  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  ye  said  Bill  be  read  the  third  time  and 

On  ye  Question  being  put 

Resolved,  that  the  said  Bill  do  pass 

Ordered,  that  the  Honoble  James  De  Lancey  Esqr  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  Honoble  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  5th  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  ye  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  ye  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  ye  places  mentioned  in  ye  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  ye 
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  ye  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  ye  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  ye  Council  thought  proper  to  address 
"  his  Excy  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  ye  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  Exy  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  ye  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 

1st  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 
2lJ|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  Governm1  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  yl  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  ye  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  ye  Council  conceive 
any  just  colour  or  pretence  for  ye  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  ye  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  18th  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  Excy  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  ye  Council  if 
perchance  they  might  be  able  to  unfold  the  mystery 

And  as  this  answer  toye  Governours  Message  does  in  ye  Judgment  of  the  Council  relate  to  ye 
last  mentioned  point  proposed  by  the  Council  at  ye  last  conferrence,  and  does  plainly  allude  to 
and  is  founded  upon  ye  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  Excy  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 
Gen1  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  1s 
day  of  December  1740  to  the  1st  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  ye  members 
of  the  Gen1  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  Govr  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  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  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.  [2t?hA&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  HoiioWe  James  Delancey  Esqr  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  Honr  of  his  Majesty  &  the  Interest  of  the  British  Dominions  &  assuring  his  Exly  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  Honol!e  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HOKSMANDEN, 
JOHN  MOORE, 
JOHN  RUTHERFORD,  Esqrs. 

The  Hono.  James  De  Lanoey  Esqr  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  Honohle  Daniel  Horsmanden  and  John  Rutherford  Esqrs  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  adjd  till  3  o'clock  P.  M. 

P.M. 

PRESENT  —  As  in  the  forenoon,  and  the 

Honoble  JOSEPH  MURRAY,  Esqr. 

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  Esqr  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  sentimts  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  21st 


Thursday,  21  March,  1744 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  Assembly  by  Mr  Richard  and  Mr  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  1st  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  15th 


Thursday,  April  the  18M,  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  Assembly  by  Mr  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  Mr  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  ye 
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  Honoble  Daniel  Horsmanden  Esq'  Chairm"  of  the  said  Committee  in  his  place  reported 
that  the  Committee  had  gone  through  the  sd  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  Hd  time 

His  Excellency  communicated  to  the  Council  (by  John  Catherwood  Esqr  his  private  Secry)  a 
Message  he  had  sent  yesterday  to  the  Gen1  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  fVe»t-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,  Esqr,  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  mentd  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  Coll0  Morris  and  Coll0  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  Ecelly'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  3d  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass 

Ordered,  that  the  Honoble  John  Moore  do  acquaint  the  General  Assembly  that  the  Council 
have  passed  the  said  Bill  without  amendment 

Tht  Hono')le  Daniel  Horsmanden  Esq1'  moved  that  a  Committe  might  be  appointed  pursuant 
to  the  above  Message  from  the  General  Assembly 

Onlcreil,  that  the  Honoble  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  30h  and  from  fierce  to 
the  Thursday  following. 


Thursday,  May  the  2d,  1745. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honolu  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
PHILIP  CORTLANDT, 
DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  Assembly  by  Mr  Nicoll  &  Mr  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  Mr  Abraham  Lott  and  Mr  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  Honoule  Daniel  Horsmanden  Esqr  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«hiS: 

Fry  day,  May  the  3d,  1745. 
The  Council  met  according  to  adjournm' 

PRESENT —  The  Hono'J!e  ARCHIBALD  KENNEDY,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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  Esqr  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  adjournm1  &  adjourned  till  to  morrow  morning  11  o  clock 

Wednesday,  May  the  8"',  1745. 
The  Council  met  according  to  adjournm* 

PRESENT  —  The  Hono  :  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esq™. 

The  Speaker  assumed  the  Chair 

The  Honoble  John  Moore  Esqr  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  17th 
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 

1st  That  a  Battery  of  eight  Guns  should  be  immediately  erected  at  Dorninis  Hook  with  a 
large  Block  House  to  cover  the  men  &  their  arms 

2d  That  plans  should  be  made  whereby  to  erect  a  Battery  of  Eight  Guns  on  Captain  Rutger'a 
Wharf  when  there  shall  be  occasion 

3d  That  plans  should  be  made  whereby  to  erect  a  Battery  of  Eight  Guns  on  Burnets  Key 
upon  occasion 

4th  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 

5th  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  Mr  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 

6th  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  Mr  Clarkson  and  Mr  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,  Esqr,  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  Mr  Richard  and  Mr  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  19th  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  Honoble  Daniel  Horsmanden  Esqr  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  14th  next 


Tuesday,  May  the  14'*,  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honobu  ARCHIBALD  KENNEDY,  Esqr,  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  viz1 

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  10th  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  14tt  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.  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  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  Esqr  for  their  Speaker  to  his  Excellency  for  his  Approbation 

Which  choice  his  Excellency  was  pleased  to  approve 

Then  the  said  David  Jones  Esqr  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  Esqr  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  Honoble  Daniel  Horsmanden  Esqr  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  Hono1'6  ARCHIBALD  KENNEDY,  Esqr,%  Speaker, 
JAMES  DE  LANCET, 

PlIILIP  CORTLANDT, 

DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  MOORE,  Esq™. 

The  Speaker  assumed  the  Chair 

The  Honoble  James  De  Lancey  Esqr  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  Honoble  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.  P1M.  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  Esqr  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  ARCHd  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  Honom  ARCHIBALD  KENNEDY,  Esqr,  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  Mr  Nicoll  and  Mr  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  Honoble  ARCHIBALD  KENNEDY,  Esqr,  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  2rf,  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honom  CADWALLADER  COLDEN,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble   John  Moore  Esqr   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  3d,  1745. 
The  Council  met  according  to  adjournment  and  adjourned  till  to  morrow  morning  10  o  clock 

Thursday,  July  the  4th,  1745. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honom  CADWALLADER  GOLDEN,  Speaker, 

ARCHIBALD  KENNEDY, 
PHILIP  CORTLANDT, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Richard  and  Mr  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  Honolle  CADWALLADER  GOLDEN,  Esqr,  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  HonoWe  Daniel  Horsmanden  Esqr  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  6M,  1745. 
The  Council  met  according  to  adjournment 

PRESENT —  The  HonoMe  CADWALLADEK  GOLDEN,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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  6th,  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honol!e  ARCHIBALD  KENNEDY,  Esqr,  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  Honoble  JAMES  DE  LANCET,  Esqr,  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  15th  Inst 

And  afterwards  met  &  adjourned  from  time  to  time  to  Saturday  Oct1"  26th  1745 


Saturday,  October  the  26'*,  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honom  JAMES  DE  LANCET,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Coll0  Herring  &  Mr  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  Mr  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  1st  time  and 

Ordered  to  be  read  a  second  time 

Then  the  Council  adjd  till  Tuesday  morning  next  a  10  o  clock  and  then  met  &  adjourned  to 
Thursday  Octr  21st  (sic) 


Thursday,  Octr  31",  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Hono.  JAMES  DE  LANCET,  Esqr,  Speaker, 

JOSEPH  MURRAT, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair' 

A  Message  from  the  General  Assembly  by  Coll  Harring  &  Mr  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  Novr  the  8th  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,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
DANIEL  HORSMANDEN,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  Assembly  by  Mr  Richard  &  Coll0  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 
"  Novr  1745  to  the  first  day  of  Novr  1.740"  Desireing  the  concurrence  of  the  Council  thereto 

Then  the  said  Bill  was  read  the  1st  time  & 

Ordd  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  2d  time  and 

Ordered  to  be  committed 

The  Honoble  James  De  Lancey  Esqr  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  adjournd  till  Wednesday  morning  11  "clock 


Wednesday,  the  IB"1  November,  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoV6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  Gen11  Assembly  by  Coll0  Schuyler  and  Mr  Nicoll  with  the  Bill  Entituled, 
"  An  Act  to  amend  the  practice  of  the  Law  and  to  regulate  the  giving  of  Special  Bail"  Desiring 
ye  concurrence  of  the  Council  thereto 

A  Message  from  the  General  Assembly  by  Mr  Pierson  &  Mr  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  Coll0  Phillipse  &  Mr  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  Mr  Nicoll  and  Mr  Abm  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  Mr  Thomas  &  Coll0  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  Decr  1740  to  the  first  day  of  December  1741  Desiring  the  concurrence  of  the 
"  Council  thereto 

Then  the  Council  adjd  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  Honoble  ARCHIBALD  KENNED  Y,  Esqr,  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  Mr  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  Mr  Thomas  and  Mr  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  1st  day  of  Novr  1745  to  the  1st  day  of  Novr  1740"  be  now  read 
the  second  time 

Then  the  said  Bill  was  read  the  2d  time  & 

Ordered,  to  be  committed 

Then  the  Council  adjd  till  10  o'clock  to  morrow  morning 


Fry  day,  November  the  15"",  1745. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Cornell  and  Captn  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  1st  day  of  Novr  1745  to  the  1"  day  of  Novr  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  sd  Report  be  made  immediately 

Then  the  Honoble  Daniel  Horsmanden  Esqr  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  1st  day  of  Decr  1740  to  the  ]st  day  of  Decr  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  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DAN'  HORSMANDEN,  Esq". 

The  Speaker  assumed  the  Chair 

Ordered,  that  the  following  Bills  be  now  read  the  third  time  viz1 

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  Novr  1745  to  the  first  day  of  Novr  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  Honoble  James  De  Lancey  Esqr  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  Decr  1740  to  the  1st  day  of  Decr  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  ye  Chair 

Ordered,  that  the  said  Report  be  now  made 

Then  the  Honoble  Dan1  Horsmanden  Esqr  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  3d  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  2d  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  Esqr  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  Honolle  ARCHIBALD  KENNEDY,  Esqr,  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  1st  day  of  Decr  1740  to  the  first  day  of  Dec1"  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  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  have  passed  the  first  four  of  the  said  Bills  without  any  amendment  and  that  the  Honnble 
John  Moore  Esqr  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  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esqrs. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Coll0  Schuyler  and  Coll0  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  Mr  Hardenbrook  &  Coll0  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  Honoble  ARCHIBALD  KENNEDY,  Esqr,  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  resd  the  Chair 

Ordered,  that  the  sd  Report  be  now  made 

The  Honoble  Daniel  Horsmanden  Esqr  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  Mr  Tappan  and  Mr  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  Coll0  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  Captn  Richard  &  Coll0  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  Mr  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  1st  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  Honoble  ARCHIBALD  KENNEDY,  Esqr,  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  1st  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  viz1 

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  1st  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  Honoble  Daniel  Horsmanden  Esqr  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  22d,  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
DANIEL  HOKSMANDEN, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  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  Gen1  Assembly  by  Coll0  Schuyler  &  Majr  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  Gen1  Assembly  by  Coll0  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 
"  towds  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  Darn8  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  Honoble  Daniel  Horsmanden  Esqr  do  acquaint  the  Genu  Assembly  that  the 
Council  have  passed  the  three  first  mentioned  of  the  said  Bills  without  amendment  and  that 
the  Hono  John  Moore  Esqr  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  23d,  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  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^ sf"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  Honoble  Daniel  Horsmanden  Esqr  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 

Ordd,  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  Esqr  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  Honobu  ARCHIBALD  KENNEDY,  Esqr,  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.     Pl  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  Honoble  Daniel  Horsmanden  Esqr  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?ioMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
PHILIP  CORTLANDT, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair 

Ordered,  that  the  Honoble  Philip  Cortlandt  Esqr  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  Houoble  James  Dj  Lancey  Esqr  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  &  Coll0  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  24th 
and  25th  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/wfjle  ARCHIBALD  KENNEDY,  Esqr,  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  Novr  29th  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  Honoble  ARCHIBALD  KENNEDY,  Esqr,  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  Collo8  of  the  Militia  might  in  the  meantime  make  proper 
Dispositions  of  their  several  Regim15  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  1st  of 
"  Novemr  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 
"  1st  day  of  Decr  1740  to  the  first  day  of  Decr  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  17th  of  Decemr  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 
17th  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  Honobl°  ARCHIBALD  KENNEDY,  Esqr,  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  [2ilt  £*""' 

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  24th  10  o  clock  A.  M. 


Tuesday  December  24'*,  1745. 
The  Council  met  according  to  adjournment 

PRESENT —  The,  Hono™e  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
PlIILIP  COURTLANDT, 
DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esq™. 

The  Speaker  assumed  the  Chair 

The  Council  adjourned  to  Thursday  the  23d  of  January  next 


Thursday,  January  the  23rf,  1745 
The  Council  met  according  to  adjournm' 

PRESENT  —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

PHILIP  CORTLANDT, 
DANIEL  HORSMANDEN, 
JOHN  MOORE. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Coll0  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  HonoKe  PHILIP  LIVINGSTON,  Esqr,  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  Mr  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  Honoble  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 

0  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  Honoble  James  De  Lancey  Esqr  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  2d  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  31st  Inst  11  o  clock  A  M 

Fryday,  January  the  31s',  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honolle  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Captn  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  3d,  1745.     A  Merid 
The  Council  met  and  adjourned  till  3  o  clock  P  M 

February  the  3d,  1745.     P  M 
The  Council  met  according  to  adjournment 

k 

PRESENT —  The  HonoUe  PHILIP  LIVINGSTON,  Esqr,  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  2d  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  Honolu  PHILIP  LIVINGSTON,  Esqr,  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  Qth,  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honom  PHILIP  LIVINGSTON,  Esqr,  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  Th,  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  adjournm1 

PRESENT  —  The  Honolh  PHILIP  LIVINGSTON,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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  Honom  PHILIP  LIVINGSTON,  Esqr,  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  Coll0  Chambers  and  Mr  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  Honoblc  Philip  Cortlandt  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  have  past  the  two  follg  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.  [2S  IS' 

Fryday,  February  the  14th,  1745. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
PHILIP  CORTLANDT, 
DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  Assembly  by  Capt  Richards  and  Mr  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  Coll0  Chambers  and  Coll0  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  Entitd,  "  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  sd  Bills  were  read  the  3d  (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  Hono116  PHILIP  LIVINGSTON,  Esqr,  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  Esqr  Chairman  of  the  sd  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  3d  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  Honoble  John  Moore  Esqr  do  carry  the  afd  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  Honom  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 

PlIILIP  CORTLANDT, 

DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed 

The  Honoble  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  1st  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  Honoble  Daniel  Horsmanden  Esqr  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  Hono1'6  PHILIP  LIVINGSTON,  Esqr,  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  2d  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  Daniel  Horsmanden  Esqr  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  Honom  PHILIP  LIVINGSTON,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  Chairman  of  the  sd  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  ye  3d  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  &  Coll0  Haring  with  tlie  Bill 
Entituled,  "An  Act  for  the  Regulateing  the  Militia  of  this  Colony"  acquainting  the  Council 
that  the  Gen1  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  viz1 
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  2d 

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  &  21st  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  9th  &  10th  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  26th  &  27th  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  2d  [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.  [  ^  ge'"™; 

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  8th  &  9th  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.  Honom  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
PHILIP  CORTLANDT, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  MOORE,  Esq™. 

The  Speaker  assumed  the  Chair 

Ordered,  that  the  Honoble  Philip  Courtlandt  Esqr  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  Honoble  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  221*,  1745. 

The  Council  met  according  to  adjournment 

PRESENT —  The  Honobu  PHILIP  LIVINGSTON,  Esqr,  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  Mr  Hardenbergh  &  Coll0  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  Honoble  Joseph  Murray  Esqr  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  Honom  PHILIP  LIVINGSTON,  Esqr,  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?iotle  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
PHILIP  CORTLANDT, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  MOORE,  Esq™. 

The  Speaker  assumed  the  Chair 

The  Honoble  James  De  Lancey  Esqr  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  Honoble  GEORGE  CLINTON  Esqr  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  21st  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 

3dly  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 

4thiy  -pne  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  fne  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  21th  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  Excelly  prorogued  the  General  Assembly  to 
Tuesday  the  4th  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,  Esqr,  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  HonoUe  GEORGE  CLINTON, 

Mr  LIVINGSTON,  Mr  HORSMANDEN, 

Mr  KENNEDY,  Mr  MURRAY, 

Mr  CHIEF  JUSTICE,  Mr  MOORE. 

Mr  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  Honoble  James  De  Lancey  Esqr  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  HonoUe  GEORGE  CLINTON, 

Mr  KENNEDY,  Mr  HORSMANDEN, 

Mr  CHIEF  JUSTICE,  Mr  MOORE. 

His  Excellency  laid  before  the  Council  two  messages  from  the  Assembly  of  the  14lh  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  Honom  JAMES  DE  LANCET  Esqr,  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  Mr  Clarkson  &  Mr  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  morrw  A.  M. 


Fryday  April  the  11'*,  1746. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoWe  ARCHIBALD  KENNEDY,  Esqr,  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  HonoWe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOSEPH  MURRAY, 

JOHN  MOORE, 

JOHN  RUTHERFORD,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Captn  Livingston  &  Mr  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  Coll0  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  Honoble  Daniel  Horsmanden  Esqr  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  aforesd 
Message  to  morrow  Evening  at  the  House  of  Mr  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  HonoUe  JAMES  DE  LANCEY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esqrs. 

The  Speaker  assumed  the  Chair 

Ordered,  that  the  Bill  Entituled,  "  An  Act  for  taking  affidts  in  the  several  Countys  within 
"  this  Colony  to  be  made  use  of  in  the  Supreme  Court  and  empowering  the  Attys  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  19th 
Inst  10  o  clock 


Saturday  April  the  19'*,  1746. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  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  Hono1)le  Daniel  Horsmanden  Esqr  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  Honub!e  Esqr,  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  York1'  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  Honoble  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  Honoble  Philip  Cortlandt  Esqr  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  29th  Inst:  11:  H:  A.  M. 


Tuesday,  April  the  29'*,  1746. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  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  M1  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 

"kfor  the  immedte  answering  the  necessary  services;  and  for  sinking  and  cancelling  the  said 

116 


922  Journal  of  the  Legislative  Council  of  New  York.  [  2^h  fe''?°i 

"  Bills  at  the  several  short  periods  therein  mentioned"  Desiring  the  concurrence  of  the  Council 
thereto 

A  Message  from  the  General  Assembly  by  Captn  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  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  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  &ca  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  2d  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  Honoblt  ARCHIBALD  KENNEDY,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  John  Rutherford  Esqr  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  Honoble  Daniel  Horsmanden  Esqr  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  1s',  1746.  P.  M. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honobl6  ARCHIBALD  KENNEDY,  Esqr,  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  &  Coll0  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  &ca" 

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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  Daniel  Horsmanden  Esqr  do  acquaint  the  General  Assembly  that 
the  Council  have  passed  the  said  Bill  without  amendment 

The  Honoble  John  Rutherford  Esqr  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  Honoble  John  Rutherford  Esqr  against  passing  the  Bill  for 
raising  ,£13000  &ca 

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  Grovernm1  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 

24  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  3d,  1746. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  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 
Brookld  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  Honoble  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

The  Council  adjourned  to  the  5th  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  Honom  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

The  Honourable  Daniel  Horsmanden  Esqr  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  Honom  PHILIP  LIVINGSTON,  Esqr,  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  9th  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^dh 


in  this  intended  Service  :  It  is  with  the  greatest  pleasure,  I  have  now  received  your  Resolve,  of 
the  25th  of  February  last,  in  answer  to  Mr  Shirley's  Letter,  of  the  13lb  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  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  Hono1'6  PHILIP  LIVINGSTON,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  Daniel  Horsmanden  Esqr  do  carry  the  said  Bill  to  the  General 
Assembly  and  desire  their  concurrence  thereto 

Then  the  Council  adjourned  till  Thursday  the  12th  Instant  at  11  o  clock  in  the  Forenoon 


117 


930  Journal  of  the  Legislative  Council  of  Neio  York..  [2*uh£"™' 

Thursday,  June  the  12"',  174G. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Hono  :  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
PHILIP  COURTLANDT, 
DANIEL  HORSMANDEN, 
JOHN  MOORE  Esq". 

The  Speaker  assumed  the  Chair 

A  Mes-age  from  the  General  Assembly  by  Mr  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  Esqr  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>iwUt  PHILIP  LIVINGSTON,  Esqr,  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  Mr  Verplank  and  Mr  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  Mr  Clarksnn  and  Mr  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  Honoble  James  De  Lnnc^y,  Philip  Courtlandt,  Daniel  Horsmanden,  Joseph 
Murray  &  John  Moore  Esq15  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  Mr  Clarkson  and  MrCruger;  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  0  o  clock  in  the  evening  and  have  Liberty  to  adjourn  from  time 
time 

Oi tlcrd,  that  the  Honoble  Daniel  Horsmandcn  E-<qr  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  Honu11*  CADWALLADER  GOLDEN,  Esqr,  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  21s',  1746. 
The  Council  met  and  adjourned  till  Monday  next  4  o  clock  Pl  Merid 

Monday,  June  23d,  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  21th,  1746. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  CADWALLADER  COLDEN,  Esqr,  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  Coll0  Haring  and  Mr  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  2d  Read 

The  Council  adjourned  till  10  °  clock  to  morrow  morning 


Wednesday,  June  the  25'A,  1746. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honom  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  Stephen  Bayard  Esqr  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  2d,  1746. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoNt  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 

JOHN  MOORE, 

STEPHEN  BAYARD,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  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  ITono1'1'  Philip  Conrtlandi  Esqr  came  to  the  Counril  Chan  bcrand  assumed  Ihe  Cliair 

Tlui  HonoUl'  Stephen  Havard  EM|F  one  oi  the  members  of  ibis  Board  appointed  by  his 
Excellency  (together  with  Mr  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  Honoblc  Dui.ii-l  Horsmanden  Esqr  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  &  Mr  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  3d,  174(3. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honolle  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
JAMES  DE  LANCET, 
PlIILIP  COURTLANDT, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  MOORE, 
STEPHEN  BAYARD,  Esqrs. 

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  Honoble  Daniel  Horsmanden  Esqr  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  agaiu»t  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-mo1'1'  CADWALLADER  GOLDEN,  Esq1",  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  Coll0  Beekman  &  Coll0  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  Honoble  Daniel  Hor.-manden  Esqr  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,  Esqr,  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  Esqr  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  Honoble  Joseph  Murray  Esqr  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  5th,  1746. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honoble  CADWALLADER  COLDEN,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
STEPHEN  BAYARD,  Esq". 

The  Speaker  assumed  the  Chair 

The  Honoble  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  Honoble  Daniel  Horsmanden  Esqr  was  unanimously 
agreed  to  and 

Ordered,  that  the  Honoble  Philip  Livingston,  James  De  Lancey  &  Daniel  Horsmanden  Esqrf 
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  Mr  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  Honom  CADWALLADER  GOLDEN,  Esqr,  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  Esqr  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  Honoble  Archibald  Kennedy  Esqr  do  acquaint  the  General  Assembly  that 
the  Council  have  passed  the  said  Bill  without  amendment 

Ordered,  that  the  Honoble  Daniel  Horsmanden  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  have  appointed  the  Hono.  Philip  Livingston,  James  I)e  Lancey  and  Daniel  Horsmanden 
Esqrs  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  HonoUe  CADWALLADER  GOLDEN,  Esqr,  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  Esqr  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  7th  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,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN,  Esq™. 

The  Speaker  assumed  the  Chair 

The  Hono  Daniel  Horsmanden  Esqr  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,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
ARCHIBALD  KENNEDY, 
JAMES  DELANCEY, 
DANIEL  HORSMANDEN, 
STEPHEN  BAYARD,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Coll0  Philipse  and  Coll0  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  Honoble  Stephen  Bayard  Esqr  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  Esqr  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  Mr  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,  Esqr,  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  Esqr  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  Honom  CADWALLADEE  GOLDEN,  Esqr,  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  Honoble  John  Moore  Ksqr  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"  agst  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  Esqr  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,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
STEPHEN  BAYARD,  Esq™. 

The  Speaker  assumed  the  chair 

The  Hono :  Daniel  Horsrnanden  Esqr  Reported  that  he  had  according  to  order  with  Coll0 
Morris  &  Coll0  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  Slh  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  Coll0  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  Esqr 
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  Esqr  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  HonoUe  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DELANCEY, 
DANIEL  HORSIIANDEN, 
JOHN  MOORE, 
STEPHEN  BAYARD,  Esq". 

The  Speaker  assumed  the  Chair 

Mr  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  Esqr  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,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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.  [^d1^.""™' 

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  Honol!e  PHILIP  LIVINGSTON,  Esqr,  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  Mr  Thomas  and  Mr  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  Honoble  Daniel  Morsmunden  Esqr  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  Honoble  Daniel  Horsmanden  E*qr  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,  Esqr,  Speaker, 

PHILIP  COURTLANDT, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  MOORE, 
STEPHEN  BAYARD,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Coll0  Phillipse  and  Coll0  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  Honoblc  James  De  Lancey,  Daniel  Horsmanden  &  Joseph  Murray  Esqrl  be 
a  Committee  for  the  purposes  mentioned  in  the  said  Message  and  that  the  Honoble  Joseph  Murray 
Esqr  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  29th  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,,  Esqr,  Speaker, 

PHILIP  COURTLANDT, 
DANIEL  HORSMANDEN, 
JOSEPH  MUREAV, 
JOHN  MOORE, 
STEPHEN  BAYARD,  Esqr>. 

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  Honoble  JAMES  DE  LANCEY  Esqr,  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  Honoble  JAMES  DE  LANCEY,  Esqr,  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,  8eptr  the  2d,  1746. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honol!e  JAMES  DE  LANCEY,  Esqr,  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  HonoMe  JAMES  DE  LANCEY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
STEPHEN  BAYARD,  Esqrs. 

Tlie  Speaker  assumed  the  Chair 

The  General  Assembly  being  adjourned  to  Tuesday  the  30lh  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  Honolle  JAMES  DE  LANCEY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  MOORE,  Esqr>. 

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  8th  day  of  October,  1746. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Ho?iob!e  JAMES  DE  LANCEY,  Esqr,  Speaker, 

PHILIP  CORTLANDT, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY,  Esq™. 

The  Speaker  assumed  the  Chair 

The  General  Assembly  being  adjourned  to  Monday  the  13lh  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  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
PHILIP  COURTLANDT, 
DANIEL  HORSMANDEN,  Esq™. 

The  Speaker  assumed  the  Chair 

The  Council  adjourned  to  Fryday  the  17th  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  HonoUe  CADWALLADER  GOLDEN,  Esqr,  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  Mr  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  Mr  Shirley,  and  Mr 
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  20th  Instant  at  4  o  clock  P  Mdm 


Monday,  October  the  20"',  1746.     Pl  Mdm 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honolle  CADWALLADER  GOLDEN,  Esqr,  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  23d,  1746. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Hono™*  CADWALLADER  GOLDEN,  Esqr,  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  Coll0  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  Mr  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  Mr  Crtiger  &  Mr  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  Honolle  JAMES  DE  LANCEY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  MOORE, 
STEPHEN  BAYARD,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Coll0  Morris  and  Mr  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  2d  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.  Mdm 


1746.]  The  Hon.  George  Clinton,  Esq:  Governor.  949 

Monday,  the  27'*  day  of  October,  1746. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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  Coll0  Schuyler  &  Captn  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  Pl  Mdm 


Wednesday,  the  29'A  day  of  October,  1746. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honom  CADWALLADER  GOLDEN,  Esqr,  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  Coll0  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  Mr  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.  [  2J[]]  £"££• 

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?wl!e  JAMES  DE  LANCEY.  Esqr,  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  &  sufl1  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  Honoble  Cadvvallader  Colden  &  Philip  Livingston  Esqts  came  into  Council  and 

Mr  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 

Mr  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  M1  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  Honobl<f  Stephen  Bayard  Esqr  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  Honol!e  PHILIP  LIVINGSTON,  Esqr,  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,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
PlIILIP  COURTLANDT, 
DANIEL  HORSJIANDEN, 
JOHN  MOORE,  Esqr'. 

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  Coll0  Schuyler  &  Mr  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  7lh  Instant  11  o  clo:k  A  U1"" 


Friday,   the  7  '  day  of  November,  1746.   A.  M. 
The  Council  met  according  to  adjournment 

PRESENT — The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  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  Esqr  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  Honoble  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  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  Honoble  John  Moore  Esqr  do  carry  the  said  Bill  with  the  amendments  to  the 
Gen1  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  Honolli  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
PHILIP  CORTLANDT, 
DANIEL  HORSMANDEN, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Verplank  &  Mr  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  Junr,  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  Coll0  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,  Esqr,  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  Honuble  CADWALLADER  COLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOHN  MOOKE, 
STEPHEN  BAYARD,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  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  sd  Bill  was  read  the  first  time  and 

Ordered  a  second  reading 

Then  the  Council  adjourned  till  Monday  the  17th  Instant  and  then  met  and  adjourned  till 
Tuesday  the  25th  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  HonoUe  PHILIP  LIVINGSTON,  Esqr,  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  IIonoble  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  petrs  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  HonoljU  CADWALLADER  GOLDEN,  Esqr,  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  Honollle  Daniel  Horsmanden  Esqr  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.  [  2ith  s^»'T' 

Monday,  the  first  day  of  December,  1746. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honom  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOHN  MOORE, 
STEPHEN  BAYARD,  Esqrl. 

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  HonoMe  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
PHILIP  COURTLANDT, 
STEPHEN  BAYARD,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Coll0  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  2d  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  Honoble  James  De  Lancey  Esqr  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  Honom  CADWALLADER  GOLDEN,  Esqr,  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  2d  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  Honoble  Stephen  Bayard  Esqr  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  3d  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  Honom  CADWALLADER  COLDEN,  Esqr,  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  Honoble  Stephen  Bayard  Esqr  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: 

Mr  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  viz1 

"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  agst  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  Mr  Golden  & 
4i  Mr  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  Captn  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  Mr  Murray  ; 

Mr  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  Mr  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  Mr  Chief  Justice,  Mr  Horsmanden 
&  Mr  Murray,  Mr  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,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
PHILIP  COURTLANDT, 
DANIEL  HORSMANDEN, 
JOHN  MOORE, 
STEPHEN  BAYARD,  Esqrs. 

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  Honoble  Daniel  Horsmanden  Esqr  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  Honom  CADWALLADER  COLDEN,  Esqr  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  Honow*  Daniel  Horsmanden  Esqr  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  Junr  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  viz1 

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  2d  page  Eraised 

NO  4 

N°    4    pa    1  Line  17  The  words  [the  City  of]  and  the  words  [Corn8  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  14th  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  &ca  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  &ca 

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  &ca 

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  tfo  £^y  Hall  of  the  City  ofNew  York,  on  Tuesday  the  24'*  day  of 

March,  1747. 

His  Excellency  the  Honoble  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,  Esqr,  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,  Esqr,  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.  [  "$&  ^ss'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  Esqr  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  Mr  Kennedy  Mr  Chief  Justice  Mr  Cortlandt  and  Mr  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  Honoble  PHILIP  CORTLANDT,  Esqr,  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  Honom  CADWALLADER  GOLDEN,  Esqr,  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  31s'  day  of  March,  1747. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Hono™6  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair 

Mr  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  Honolle  CADWALLADER  GOLDEN,  Esqr,  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  22d  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  Honolle  CADWALLADER  GOLDEN,  Esqr,  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 
3d  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  2d  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  IIth  April,  1747. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honoble  CADWALLADER  GOLDEN,  Esqr,  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  Coll0  Phillipse  and  Mr  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,  Esqr,  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  13W  April,  1747.  P.  M. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honoiu  PHILIP  LIVINGSTON,  Esqr,  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  Honolle  PHILIP  LIVINGSTON,  Esqr,  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  Honom  PHILIP  LIVINGSTON,  Esqr,  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  Honoble  Daniel  Horsmanden  Esqr  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  Honoble  John  Moore  Esqr  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  18th  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  22d  April,  1747. 
The  Council  met  according  to  adjournment  and  adjourned  till  to  morrow  morning  10  o  clock 

Thursday,  the  23d  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  28th  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  Honom  CADWALLADER  COLDEN,  Esqr,  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  2d  day  of  May,  1747. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY,  Esq™. 

The  Speaker  assumed  the  Chair 

The  General  Assembly  being  adjourned  until  Tuesday  the  12th  Instant  the  Council  therefore 
adjourned  to  ye  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,  Esqr,  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,  Esqr,  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  Honobu  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOHN  MOORE, 
STEPHEN  BAYARD,  Esq™. 

The  Speaker  assumed  the  Chair 

The  General  Assembly   being  adjourned  to  the  2d  of  June    next  The    Council   therefore 
adjourned  to  the  same  day 


972  Journal  of  the  Legislative  Council  of  New   York. 

Tuesday,  the  2d  day  of  June,  1747. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  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  14lh  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  3d  August 

Monday,  the  3d  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  Honom  CADWALLADER  COLDEN,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  RUTHERFORD,  Esq™. 

The  Speaker  assumed  the  Chair 

Mr  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  Mr  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  Mr  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.     Pl  Meridiem 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Hono1'16  CADWALLADER  GOLDEN,  Esqr,  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  Coll0  Marshalls  Battallion  was  posted  at  Coll0  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  Coll0  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  Coll0  Marshalls  Battallion  hath  been  since  removed  to 
Green  Bush  to  the  Northward  of  Mr  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  Coll0  Roberts  by  Lieutenant  Morris,  for  his  perusal 
and  to  desire  an  Alarm  Gun  might  be  Fired  That  Mr  Morris  brought  the  said  Letter  again  to 
the  Examinate,  and  Acquainted  him  that  the  Coll0  did  not  seem  inclined  to  have  an  Alarm  Gun 
fired.  That  the  Examinate  then  waited  on  Coll0  Roberts  in  order  to  prevail  on  him  to  fire  an 
Alarm  Gun  and  that  Captain  Campbell  was  with  the  Examinate  That  the  Examinate  told 
Coll0  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  Coll0  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  Coll0  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  Coll0  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  Mr  Hansen  one  of  the  said  two  persons  returned  and  informed  the  Examinate 
That  the  Coll0  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  Coll0  Marshall's 
Battallion  was  removed  not  long  after  the  Examinate  received  the  aforesaid  Letter  from  Major 
Glen  That  the  Examinate  hath  heard  Coll0  Marshall  and  Major  Clarke  say  it  was  against  their 
opinions  that  this  Battallion  was  removed  to  the  other  side  of  the  River  That  Coll0  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  Mr  Cuyler  do  attend  again  to  morrow  morning  10  o  clock 

Then  the  Council  adjourned  till  to  morrow  morning  10  o  clock 


Fryda.y,  the  21s'  August,  1747. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Hono'lle  PHILIP  LIVINGSTON,  Esqr,  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  Cap1  Diemer  informed 
the  Examinate  that  the  day  before  Coll0  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  Coll0  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,  viz1 

That  Coll0  Robert's  Battallion  was  lately  and  is  now  posted  at  Greenbush  and  Coll0 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  21s'  day  of  August,  1747     P.  M 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honom  CADWALLADER  COLDEN,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
JAMES  DELANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  RUTHERFORD,  Esq". 

The  Speaker  assumed  the  Chair 

Mr  Cuyler  attending  again  according  to  order  was  further  examined  touching  the  late  and 
present  Disposition  of  the  New  Levies  and  Declared  as  follows 

That  Mrs  Schuyler  came  to  the  Examinate's  house  on  Tuesday  the  11th  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  Coll0  Roberts  at  the  request  of  Mrs  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  Coll0  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  Coll0  Marshall  who  was  also  then  present  Declared 
himself  to  be  of  the  same  opinion  That  Coll0  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 

M1'  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  Mr  Chief  (sic)  De  Lancey  further  moved  that  a  -committee  should  be  appointed 
to  prepare  the  Draught  of  the  said  Address 

Ordered  thereupon  that  the  Honoble  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  Honom  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  MOORE, 
JOHN  RUTHERFORD,  Esq™. 

The  Speaker  assumed  the  Chair 

Mr  Horsmanden  from  the  Committee  appointed  by  order  of  the  21st  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  Esqr  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  Mr  Collins  Town  Major  of  Albany,  and  Mr  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  Honoble  Daniel  Horsmanden  and  John  Moore  Esq™  do  wyait  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  Honolle  PHILIP  LIVINGSTON,  Esqr,  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  HonoWe  CADWALLADER  GOLDEN,  Esqr,  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  Mr  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  Mr  Cornell  and  Mr  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 

Mr  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  Ist  of  September,  1747. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honoble  PHILIP  LIVINGSTON,  Esqr,  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  Esqr  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  3d  day  of  /September,  1747. 
The  Council  met  according  to  adjournment  and  adjourned  till  Tuesday  morning  11  o  clock 

Tuesday,  the  8th  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  Honom  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DAXIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  MOORE,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  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  Honoble  John  Moore  Esqr  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  22d  day  of  September,  1747. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  CADWALLADER  GOLDEN,  Esqr,  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  viz1  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  Hono1'16  CADWALLADER  GOLDEN,  Esqr,  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  SepT,  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?wUe  CADWALLADER  GOLDEN,  Esqr,  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>jcuring  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  Mr  Shirley,  and  Mr  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  6th  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  ye  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  sd  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 
aforsd  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  sd  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  aforsd,  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 
aforesd  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  aforesd,  then 
a  diversion  be  made  up  sd  River  with  what  Vessells  can  be  obtained  from  the  several  Govern 
ments,  at  the  charge  of  sd  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  ye  General  Officers  by  such  of  the  Forces  of  Christians 
and  Indians,  as  shall  by  sd  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  sd  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  abovesd  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  &ca  Annoq  Domini  One  thousand  seven  hundred  & 
forty-seven 

Thos  Fitch )  Connecticut         Ph  Livingston     ~\  Samuel  Welles )  M         , 

Bern"  Hall  5    Commiss"          Jos  Murray          Xv       v    ,  Rob'  Hale 

J  .     ,.  J          v-New  York          --.,.  -,-,    ,  .,         (    Com" 

JT-r'v  bC  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  ye  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  21S(  of  October,  1747. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honolle  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOHN  MOORE,  Esqrs. 

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  Coll0  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  Mr  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  22d  October,  1747. 

The  Council  met  according  to  adjournment  and 
Adjourned  till  to  morrow  morning  10  o  clock 


Friday  the  23d  day  of  October,  1747. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honolle  CADWALLADEE  GOLDEN,  Esqr,  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  ye  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  Mr  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  Mr  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  ye  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  Mr  Nicol  and  Mr  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,  Esqr,  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,  Esqr,  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,  Esqr,  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  Esqr  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  Esqr  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,  Esqr,  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  Mr  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  Excelly  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  Novr  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  Decr  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  2d   day  of  November,  1747,  P1  Mdm. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honoble  CADWALLADEK  GOLDEN,  Esqr,  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  Esqr  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  3d  day  of  November,  1747. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honoblc  CADWALLADER  GOLDEN,  Esqr,  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 

Mr  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 

2d  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 

Mr  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  &ca"  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  -V«r  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  ere«i  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  a»r._-.re>i  the 


<>Te>    te 

rr^ifi*  ar«i  »:rE*«i  by  t>>  Oir:Ti;:«:',-c*r«.  ap;->i^te«i  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  *5Cfjrity  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*t»aar7  for  that  er:  T 

e  the  Cxr;y.is»;o::?r§  co-nc-rrted  ar.T  rr.e*h'C«i  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  Mr  Murray  to 
acquaint  the  Council  what  the  New  York  Commissioners  had  informed  his  Excellency  at  the 
time  they  had  delivered  the  agreement,  which  Mr  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,  Mr  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,  Esqr,  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  Mr  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 

Mr  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  Mr  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  HonoWe  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  Philip  Cortlandt  Esqr  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  HonoUe  CADWALLADER  COLDEN,  Esqr,  Speaker, 

PHILIP  LIVINGSTON, 
ARCHIBALD  KENNEDY, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  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,  Esqr,  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  Mr  Abraham  Lott  and  Mr  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,  Esqr,  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  23d  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  Honolte  CADWALLADER  GOLDEN,  Esqr,  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  IIonoble  John  Moore  Esqr  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  Mr  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  Esqr  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  Esqr  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  Honojjle  CADWALLADER  GOLDEN,  Esqr,  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  viz1 

"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  Honble  George  Clinton  Captain  General  &  Governr  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  HonU6  PHILIP  LIVINGSTON,  Esqr,  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  Honm   PHILIP  LIVINGSTON,  Esqr,  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  Esqr  for  their 
Speaker  to  His  Excellency  for  his  approbation 

Which  choice  his  Excellency  was  pleased  to  approve  of 

Then  the  said  David  Jones,  Esqr  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    HonM6   PHILIP  LIVINGSTON,  Esqr,  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. 

Mr  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  Mr  Chief  Justice  De  Lancey,  Mr  Murray  &  Mr  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  15th  February,  1747. 
The  Council  met  according  to  adjournment 

PRESENT — The  Honl!e  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 

JAMES  DE  LANCEY, 

JOSEPH  MURRAY, 

JOHN  MOORE, 

JOHN  RUTHERFORD,  Esq™. 

Thp  Speaker  assumed  the  Chair 

Mr  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  adjd  til  4  o'clock  P.  M. 


Monday  the  I5lh-day  of  February,  1747,  P.  M. 
The  Council  met  according  to  adjournment 

PRESENT — The   HonUe  PHILIP  LIVINGSTON,  Esqr,  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  Honble  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  HonUe  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
JOHN  MOORE, 
JOHN  RUTHERFORD,  Esq". 

The  Speaker  assumed  the  Chair 

The  Council  adjd  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  15th  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  26th  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  2d  day  of  Mat  ch,  1747. 
The  Council  met  according  to  adjournment 

PRESENT — The   Honlle  ARCHIBALD  KENNEDY,  Esqr,  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  &  Mr  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  Mr  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  Mr  Cruger  and  Mr  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  5th  day  of  March,  1747. 

The  Council  met  according  to  adjournment  and 
Adjourned  till  Monday  11  o  clock  A.  M. 


Monday  the  1th  day  of  March,  1747. 

The  Council  met  according  to  adjournment 
Adjourned  til  to  morrow  11  o  clock  A.  M. 


Tuesday  the  8th  day  of  March,  1747. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Hon''le  PHILIP  LIVINGSTON,  Esqr,  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  Mr  Nicoll  &  Mr  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  lion11"  PHILIP  LIVINGSTON,  Esqr,  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  Honble  John  Moore  Esqr  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  Honof'te  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  MOORE, 

JOHN  RUTHERFORD,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  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  16th  day  of  March,  1747. 


The  Council  met  according  to  adjournment  and 
Adjourned  till  to  morrow  11  o  clock  A.  M. 


Thursday,  the  \1lh  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  Honm  PHILIP  LIVINGSTON,  Esqr,  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  Mr  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  Mr  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  Hon1*1*  PHILIP  LIVINGSTON,  Esqr,  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  Honble  John  Moore  Esqr  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  Honble  John  Moore  Esqr  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  22d  flay  of  March,  1747. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Hon116  PHILIP  LIVINGSTON,  Esqr,  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  HonUe  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOHN  MOORE,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  G-eneral  Assembly  by  Mr  Gale  and  Mr  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  HoiiUe  PHILIP  LIVINGSTON,  Esqr,  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  Honble  John  Moore  Esqr  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  Honble  John  Moore  Esqr  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  Mr  Thomas  and  Mr  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  HonUe  PHILIP  LIVINGSTON,  Esqr,  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  Honble  James  De  Lancey  Esqr  came  into  the  Council  and  took  his  seat 

Ordered,  that  the  Honble  James  De  Luncey  Esqr  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  Honble  John  Moore  Esqr  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  Ist  day  of  April,  1748. 

The  Council  met  according  to  adjournment,  and 
Adjourned  till  Tuesday  next  11  o  clock.  A.  M. 


Tuesday,  the  5th  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  HonUe  ARCHIBALD  KENNEDY,  Esqr,  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  Horible  John  Moore  Esqr  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  &  Mr  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  6th  day  of  April,  1748.     P.  M. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honble  ARCHIBALD  KENNEDY,  Esqr,  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  Honble  James  Delancey  Esqr  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  Hon1'6  ARCHIBALD  KENNEDY,  Esqr,  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  HonbIeJohn  Moore  Esqr  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,  Esqr,  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  IIonoUe  ARCHIBALD  KENNEDY,  Esqr,  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  Hono116  PHILIP  LIVINGSTON,  Esqr,  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  Honolle  CADWALLADER  GOLDEN,  Esqr,  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  Honob!e  CADWALLADER  COLDEN,  Esqr,  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  Honoble  PHILIP  LIVINGSTON,  Esqr,  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,  Honolle  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOSEPH  MURRAYT,  Esqrs. 

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  Honom  PHILIP  LIVINGSTON,  Esqr,  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  Coll0  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  Readg 

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  25th  Instant  from  Robert  Hunter  Morris,  Elisha  Parker 
and  James  Alexander  Esqrs  to  his  Excellency  the  Governour  of  this  Province 

And  a  Letter  from  the  same  Gentlemen  of  the  25th  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  Esqr  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  HonoUe  PHILIP  LIVINGSTON,  Esqr,  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  Esqr  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?iom  PHILIP  LIVINGSTON,  Esqr,  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  Honoble  James  De  Lancey,  Esqr  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  Honobte  PHILIP  LIVINGSTON,  Esqr,  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  1st  day  of  July,  1748. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honom  PHILIP  LIVINGSTON,  Esqr,  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  Honof'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  Honotle  PHILLIP  LIVINGSTON,  Esqr,  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  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  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  12th  day  of  October,  1748. 
The  Council  met  according  to  adjournm' 

PRESENT  —  The  Honotle  ARCHIBALD  KENNEDY,  Esqr,  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,  Esqr,  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  fo  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  14lh  day  of  October  1748.  } 


1024  Journal  of  the  Legislative  Council  of  New  York. 

Ordered,,  that  his  Excellency's  Speech  be  forthwith  printed. 

Then  the  Honoble  Archibald  Kennedy  Esqr  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  Honoble  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  Honoble  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOHN  MOORE, 
EDWARD  HOLLAND. 

The  Honowe  Archibald  Kennedy  Esqr  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  18M  day  of  October,  1748.    P.  M. 
The  council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  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  HonoMe  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 
19th  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  Honom  CADWALLADER  GOLDEN  Esqr,  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  Honol!e  ARCHIBALD  KENNEDY,  Esqr,  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  Honolte  ARCHIBALD  KENNEDY,  Esqr,  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  Honohle  James  De  Lancey  Esqr  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  Esqr  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  Hono1'6  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOHN  MOORE, 
EDWARD  HOLLAND. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Richard  and  Mr  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  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  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  Ilonom  PHILIP  LIVINGSTON,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOHN  MOORE, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Glen  and  Mr  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  Esqr  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  Honoble  Edward  Holland  Esqr  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  Honom  CADWALLADER  GOLDEN,  Esqr,  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  Mr  Nicoll  and  Mr  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  2d  day  of  Novr,  1748. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 
JOHN  MOORE, 
JOHN  RUTIIERFURD,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Haasbrook  and  Mr  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  HonoUt  PHILIP  LIVINGSTON,  Esqr,  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  Th  day  of  November,  1748. 

The  Council  met  according  to  adjournm1  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,  Esqr,  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  Mr  Nicoll  and  Mr  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  Honoble  Philip  Livingston  Esqr  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  Honoble  Philip  Livingston  Esqr  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  November,  1748. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honolle  CADWALLADKR  GOLDEN,  Esqr,  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    Hono1'6  PHILIP  LIVINGSTON,  Esqr,  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  Mr  Thomas  and  Mr  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  Mr  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  ye  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  12th  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.  [23dHc' 


[  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  KIM1'. 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  llono1'1"  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  ILmo1'1'  CAI>WAU.AI>KR  COMMON,  Ksqr,  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  morn1-'  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,  Esqr,  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  Honoble  John  Rutherfurd  Esqr  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  Mr  Murray,  Mr  Rutherlurd  and  Mr  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  morng  11  o  cl 


Thursday,  the  29'*  day  of  June,  1749. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JAMES  MURRAY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq™. 

The  Speaker  assumed  the  Chair 

Mr  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  Esqr  that  the  Treasurer  of  this  province 
do  on  or  before  Tuesday  the  lllh  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  Honoble  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  HonoUe  CADWALLADER  GOLDEN,  Esqr,  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  Mr  Kennedy  and  Mr  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  30th  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 
30th  June  1749. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed 

Then  the  Council  adjourned  [to]  the  4th  day  of  July  next  at  11  o  cl  in  the  morning 


1038  Journal  of  the  Legislative  Council  of  New  York.  [25sld 


Tuesday,  the  4'A  rf«y  o/  Jw?y,  1749. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  CADWALLADER  GOLDEN,  Esqr,  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  6lh  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  mornff 


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  1s'  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  Honom  CADWALLADER  GOLDEN,  Esqr,  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,  viz1 

"  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  ye  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"/8T™- 

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  Honoble  George  Clinton  Captain  General  and  Governour  in  Chief  of  the 
said  Province  having  Prorogued  the  late  General  Assembly  at  sundry  times  from  the  12th  day 
of  September  1749  to  the  24th  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  Honl!e  CADWALLADER  GOLDEN,  Esqr,  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  Esqr  for  their  Speaker  to  His  Excellency  for  his  Approbation. 

Which  choice  his  Excellency  was  pleased  to  approve  of. 

Then  the  said  David  Jones  Esqr  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  Honom  CADWALLADER  GOLDEN,  Esqr,  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  Excelly  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  4tb  1750.  > 

Ordered,  that  his  Excellency's  Speech  be  forthwith  printed. 

Then  Mr  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  Mr  Kennedy,  Mr  Rutherfurd  and  Mr  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  Honoble  John  Rutherfurd  Esqr  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  Excelly  the  Honoble  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  Honoble  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  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  Mr  Kennedy  and  Mr  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  Honoble  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  ) 
6th  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,  HonoMe  ARCHIBALD  KENNEDY,  Esqr  Speaker, 

JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  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°89s°™: 

Monday,  the  10"'  day  of  September,  1750.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono™6  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  Edward  Holland  Esqr  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  Mr  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  Honoble  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  Edward  Holland  Esqr  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  18th  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  Honoble  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
JOHN  RUTHERFURD, 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Richard  &  Mr  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  Honom  CADWALLADER  GOLDEN,  Esqr,  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  Mr  Nicoll  and  Coll0  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  4th  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  Hono116  CADWALLADEK  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Col  Schuyler  and  Mr  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  Mr  Micheaux  and  Mr  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  Mr  Miller  &  Mr  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  Mr  Thomas  and  Mr  Cornell  with  the  Bill  Entituled, 
"An  Act  for  naturalizing  Jochum  Melchior  Magens"  Desiring  the  concurrence  of  the  Council 
thereto. 

The  Honoble  James  De  Lancey  Esqr  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  4th  Instant  at  11  o  clock  A.  M. 


Thursday,  the  4'A  day  of  October,  1750. 
The  Council  met  according  to  Adjournment 

PRESENT  —  The  Honolle  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND  Esqrs 

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  5th  day  of  October,  1750. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honolle  CADWALLADER  GOLDEN  Esqr,  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  Mr  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  Honoll€  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Cornell  and  Mr  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  Honoble  John  Rutherfurd  Esqr  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  Mr  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  Iionoble  John  Rutherfurd  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  have  passed  the  said  Bill  without  Amendment 

The  Honoble  Joseph  Murray  Esqr  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  Honom  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND,  Esqrs. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  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  Honoble  John  Rutherlurd  Esqr  took  his  seat 

Then  Mr  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  viz1 

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  Mr  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  Honou<>  CADWALLADER  COLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  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  Honoble  John  Rutherfurd  Esqr  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  Mr  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  Honoble  Edward  Holland  Esqr  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  Mr  Coldens  Proposals  made  in  Council  the  10lh  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.  [2i'8t  g"™.' 

Tuesday,  the  Sixteenth  day  of  October,  1750. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Col  Schuyler  and  Mr  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  &  Mr  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  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq". 

The  Spenker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  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  Mr  Nicol  &  Mr  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  Mr  Nicoll  and  Mr  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  23d  day  of  October,  1750. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Hono'Jle  ARCHIBALD  KENNEDY,  Esqr,  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  Honolle  ARCHIBALD  KENNEDY,  Esq",  Speaker, 

JAMES  DE  LANCEY, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  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  &  Mr  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  Coll0  Lott  and  Mr  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  Mr  Van  Slyck  and  Mr  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  IIonoble  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  Mr  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  Honbte  ARCHIBALD  KENNEDY,  Esqr,  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  1st  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  1st  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.    0 

A  General  Account  of  what  the  said  Duties  have  amounted  to  from  the  1st  September  1746 
to  the  1st  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  1st  of  Seplr  174S  to  the 
1st  of  Septemr  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.    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  11th  day  of  May  1749  and  the  2Stb  day  of  May  1750 
and  amounted  to  the  sum  of  ...........................................   .£3283.  10.    0 

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  25th  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  15th  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 
3d  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  27th  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  6th  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  14th  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  29th  of  November  1745  Entituled, 
"An  Act  for  paying  the  sum  of  £1511  12.  0  for  ihe  service  of  this  Colony"  Which  Account 
is  Ballanced  hy  the  sum  hf  ,£20.  0.  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  21st 
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.  ]\.  0 

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  Ist  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  23d  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.  |251t  selT.' 

Ordered,  that  the  Honoble  James  De  Lancey  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  have  passed  the  said  three  Bills  without  Amendment 

A  Message  from  the  General  Assembly  by  Mr  Gale  &  Mr  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  Mr  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  6th  day  of  November,  1  750.     P.  M. 

• 

The  Council  met  according  to  adjournment 

PRESENT  —  The  Honolle  ARCHIHALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 

JOSEPH  MURRAY, 

JOHN  RTJTHERFURD,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Coll"  Schuyler  and  Mr  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  Coll0  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  Honoble  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  Honoble  John  Rutherfurd  Esqr  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  Mr  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  Honobu  ARCHIBALD  KENNEDY,  Esqr,  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.  [Mi9htsS™' 

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  Mr  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  Hono6le  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col°  Lott  &  Mr  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  Mr  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  Honoble  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  Honoble  John  Rutherford  Esqr  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  Honoble  Edward  Holland  Esqr  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  Honoble  ARCHIBALD  KENNEDY,  Esqr,  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  Mr  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  Captn  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  21s'  day  of  November,  1750. 
The  Council  met  according  to  adjournment 

PRESENT —  The,  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Thomas  &  Mr  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.  [2w"' 

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  Honoble  Joseph  Murray  Esqr  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  <2,2d  day  of  November,  1750. 
The  Council  met  according  to  adjournment. 

PRESENT —  ThcHonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 

JOSEPH  MURRAY, 

JOHN  RUTHEKFURD,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Le  Count  and  Mr  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  Mr  Thomas  and  Mr  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'  Merid01 


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  HotwUe  ARCHIBALD  KENNEDY,Esqr,  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  Mr  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  Coll0  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  Mr  Thomas  and  Mr  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  23d  day  of  November,  1750. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Hoiw''!a  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND,  Esqrs. 

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  Honoble  Edward  Holland  Esqr  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  1st  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  Mr  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  Mr  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  Honoble  Edward  Holland  Esqr  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  Hono1'1"  ARCHIBALD  KENNEDY,  Esqr,  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  Honoble  Joseph  Murray  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  have  passed  the  four  first  mentioned  of  the  said  Bills  without  Amendment,  And  that  the 
Honohle  Edward  Holland  Esqr  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  &ca 

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  &ca 

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  &ca 

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  &ca 

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  Honoble  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  Honoble  CADWALLADER  GOLDEN,  Esqr,  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 
30th  of  May  1751. 

Ordered,  that  his  Excellency's  Speech  be  forthwith  printed. 

Then  Mr  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  Mr  Kennedy,  Mr  Murray  and  Mr  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  Is'  day  of  May,  1751. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Hono'jle  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  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  Mr  Kennedy  and  Mr  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  Honobu  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  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. 

Mr  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  HonoUe  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
JOSEPH  MURRAY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  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  1st  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  Mr  Chief  Justice  De  Lancey,  Mr  Murray  and  Mr  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  Honoble  James  De  Lancey  Esqr  do  acquaint  the  General  Assembly,  that 
the  Council  have  appointed  himself,  together  with  the  Honoble  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  Mr  Miller  and  Capt  Renselaer  acquainting  the 
Council  that  the  House  hath  appointed  Major  Van  Home,  Mr  Cruger,  Captain  Richard,  Col 
Beekrnan  Mr  Micheaux  and  Mr  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,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair 

Mr  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  Mr  Miller  and  Mr  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  Esqr  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  Honoblc  James  De  Lancey  and  John  Rutherfurd  Esqrs,  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  IIonoble  Archibald  Kennedy  Esqr  took  his  seat 

Mr  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  Esqr  Agent  for  this 
Colony. 

Which  motion  being  seconded  was  agreed  to. 

Ordered,  that  the  Honoble  Archibald  Kennedy  Esqr  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  Esqr  Agent  for  this  Colony. 

A  Message  from  the  General  Assembly  acquainting  the  Council  that  the  House  have  appointed 
Mr  Richard,  Mr  Cruger,  Mr  Thomas,  and  Mr  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. 

Mr  Chief  Justice  De  Lancey  Reported,  that  himself  and  Mr  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  HonoUe  CADWALLADER  GOLDEN,  Esqr,  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  Horioble  Edward  Holland  Esqr  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 

Mr  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  Honoble  James  De  Lancey  Esqr  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  Mr  Thomas  and  Mr  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  Mr  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  Honoble  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  Honolle  CADWALLADER  GOLDEN,  Esqr,  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?iom  CADWALLADER  COLDEN  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND,  Esqr>. 

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  Honoble  CADWALLADER  GOLDEN,  Esqr,  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 
Sth  October  1751. 

Ordered,  that  his  Excellency's  Speech  bo  forthwith  printed. 

Then  Mr  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  Mr  Kennedy,  Mr  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  Honom  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON,  Esq". 

The  Speaker  assumed  the  Chair 

Mr  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  Honol!e  CADWALLADER  GOLDEN,  Esqr,  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  Mr  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  ) 
9th  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,  ) 
10th  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,  Hono1)le  CADWALLADER  GOLDEN,  Esqr,  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,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
WILLIAM  JOHNSON,  Esq". 

The  Speaker  assumed  the  Chair 

A  message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  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  Mr  Cruger  and  Mr  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  Mr  Thomas  and  Mr.  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  Mr  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  Honoble  Edward  Holland  Esqr  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  31s'  day  of  October,  1751. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honolle'-  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  four  following  Bills  be  now  read  the  second  time  viz1 

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  HonoUe  CADWALLADER  GOLDEN,  Esqr,  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  Mr  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  Mr  Richard  and  Mr  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  Mr  Ilardenbergh  and  Mr  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  viz4 

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  Mr  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  Mr  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  HonoUe  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  James  Alexander  Esqr  took  his  seat. 

A  Message  from  the  General  Assembly  by  Mr  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  Mr  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  Mr  Cruger  and  Mr  Snedeker  with  the  Bill  Entituled, 
"An  Act  for  preventing  Frauds  by  Mortgages."  Desiring  the  concurrence  of  the  Council 
thereto. 

The  Honoble  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  Honoble  Edward  Holland  Esqr  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  Honoble  William  Johnson  Esqr  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,  Esqr,  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  Honoble  James  Alexander  Esqr  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  Mr  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.  [2M  "' 

Friday,  the  eighth  day  of  November,  1751. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Hono'l!e  CADWALLADEK  GOLDEN,  Esqr,  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  Honoble  Joseph  Murray  Esqr  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  Mr  Richard  and  Mr  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,  Esqr,  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  Mr  Richard  and  Mr  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  28th  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  Mr  Cruger  and  Mr  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?iUe  ARCHIBALD  KENNEDY,  Esqr,  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  Honoble  James  Alexander  Esqr  assumed  the  Chair 

The  Honoble  Joseph  Murray  Esqr  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  Mr  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  Honoble  Joseph  Murray  Esqr  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 

Mr  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  Honobu  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON,  Esqrs. 

The  Speaker  assumed  the  Chair. 

Mr  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  Mr  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. 

M1'  Chief  Justice  DeLancey  and  Mr  Murray  took  their  seats. 

Mr  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  Mr  Thomas  and  Mr  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 

Mr  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  Mr  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  Honom  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  James  De  Lancey  Esqr  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  Mr  Thomas  and  Mr  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 

Mr  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,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  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  Honoble  James  De  Lancey  Esqr  took  his  seat 

A  Message  from  the  General  Assembly  by  MrNicoll  and  Mr  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  Mr  Le  Count  and  Mr  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  Mr  Verplank  and  Mr  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  Mr  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  Honoble  Edward  Holland  Esqr  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  Mr  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  HonoNe  CADWALLADEE  GOLDEN,  Esqr,  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  Honoble  William  Johnson  Esqr  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. 

Mr  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  Mr  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  Honobli  CADWALLADER  GOLDEN,  Esqr,  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  Honoble  Edward  Holland  Esqr  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  Mr  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  11th  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  Mr  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 

Mr  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,  Esqr,  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  Mr  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  Honoble 
Edward  Holland  Esqr  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  Honoble  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  20M  day  of  November,  1751. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  CADWALLADER  GOLDEN,  Esqr,  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  Mr  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  Honoble  Edward  Holland  Esqr  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  22d  day  of  Novenibei,  1751. 
The  Council  met  according  to  adjournment 

PRESENT —  The  Honom  CADWALLADER  GOLDEN,  Esqr,  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  15th  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  20th  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  Mr  Alexander,  Mr 
Kennedy  and  Mr  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,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  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  Pl  Merid. 


Saturday,  the  23d  day  of  November,  1751.     P'  Merid. 
The  Council  met  according  to  adjournment 

PRESENT — The  HonoUe  CADWALLADER  GOLDEN,  Esqr,  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  Mr  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  23d  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  23d  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,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON,  Esq" 

The  Speaker  assumed  the  Chair. 

Mr  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  Depy  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  25tb  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,  Esqr,  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  Esqr  as  their 
Speaker  to  his  Excellency  for  his  Approbation. 

Which  Choice  his  Excellency  was  pleased  to  approve  of. 

Then  the  said  David  Jones  Esqr  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  24th  October  1752 


1752.]  The  Hon.  George  Clinton,  Esq :  Governor.  1101 

Ordered,  that  his  Excellency's  Speech  be  printed. 

Then  Mr  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  Mr  Kennedy,  and  Mr  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  Honoble  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  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  Hono1lle  JAMES  ALEXANDER,  Esqr,  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  Mr  Kennedy  and  Mr  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  HonoUe  JAMES  ALEXANDER,  Esqr,  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 
26th  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 
27th  October  1752. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

Then  the  Council  adjourned  to  Wednesday  next  at  three  o  clock  P:  Meridm  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  Honouu  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  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  Cap1  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'  Mdm 


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  Honom  JAMES  ALEXANDER,  Esqr,  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'  Md 


Fryday,  the  3d  day  of  November,  1752.  P'  Med. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honob!e  JAMES  DE  LANCEY,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Captn  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  Cap1  Richard  and  Mr  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. 

Mr  Chambers  took  his  seat. 

The  Speaker  left  the  Chair  and 


1104  Journal  of  the  Legislative  Council  of  New  York.  [21^  ££™.' 

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  Mr  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  Honoble  John  Chambers  Esqr  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  Md 


Mondaij,  the  6'A  day  of  November,  1752. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  JAMES  ALEXANDER.  Esqr,  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  Honoble  James  De  Lancey  Esqr  and  the  Honollle  Joseph  Murray  Esqr  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  Mr  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  Honoble  Edward  Holland  Esqr  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  Th  day  of  November,  1753.     (sic.) 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonobU  JAMES  ALEXANDER,  Esqr,  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  Honoble  Archibald  Kennedy  Esqr  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  Mr  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  Honoble  Edward  Holland  Esqr  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.     P1  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  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.  [27iJtsS™' 

A  Messnge  from  the  General  Assembly  by  Captain  Livingston  and  Mr  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  Honoble  James  De  Lancey  Esqr  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  Mr  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  Esqr  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  Honoble  JAMES  ALEXANDER,  Esqr,  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  Mr  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  HonoWe  JAMES  ALEXANDER,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esqrs. 

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  Esqr  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  HonoMe  JAMES  ALEXANDER,  Esqr,  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.  [2i"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  Honoble  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  11th  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  Honoble  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND,  Esqrs. 

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 
^Oth  May  1753. 

Ordered,  that  his  Excellency's  Speech  be  forthwith  printed. 

Then  Mr  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  Mr  Kennedy  and  Mr  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. 

Mr  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  31s'  day  of  May,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honom  JAMES  ALEXANDER,  Esqr,  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  Mr  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  Honobl6  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Livingston  and  Mr  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  7th  Instant  at  5  o  clock  in  the  afternoon. 

Ordered,  that  the  Honourable  Edward  Holland  Esqr  do  acquaint  the  General  Assembly,  that 
the  Council  have  appointed  the  Honoble  Archibald  Kennedy  Esqr  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  7th 
Instant  at  5  o  clock  in  the  afternoon. 

Mr  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  8tb  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  Honolle  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  frpm  the  General  Assembly  by  C<ipl  Walton  and  Mr  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  15tA  day  of  June,  1753. 

The  Council  met  according  to  adjournment. 
PRESENT  —  The  Hono'jle  JAMES  ALEXANDER,  Esqr,  Speaker. 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  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  Mr  Myndertse  and  Mr  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  HonoMe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON,  Esqr$. 

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  18th  day  of  June,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  JAMES  ALEXANDER,  Esqr,  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. 

Mr  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  Mr  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  Mr  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  Honoble  William  Johnson  Esqr  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  Esqr  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  23d  June,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono''1"  JAMES  ALEXANDEK,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON,  Esq" 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  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  Honoflte  JAMES  ALEXANDER,  Esqr,  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  22d  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  22d  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  22d  June  1753. 

Resolcetl,  thereupon  that  the  Council  desire  a  free  Conferrence  with  the  General  Assembly 
accoidingly. 

Ordered,  that  the  Honoblc  Edward  Holland  Esqr  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  22d  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  Mr  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  Honoblc  Edward  Plolland  Esqr  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  Honoble  ARCHIBALD  KENNEDY,  Esqr,  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  Mr  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  Merid1". 


Wednesday,  the  2T"  day  of  June,  1753.     P.  M. 
The  Council  met  according  to  adjournm* 

PRESENT  —  The  Hono'lle  ARCHIBALD  KENNEDY,  Esqr,  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  Honoble  John  Chambers  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  have  passed  the  said  Bill  without  Amendment. 


1118  Journal  of  the  Legislative  Council  of  New  York  [2l'dh  ^™; 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  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  Honoble  John  Chambers  Esqr  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,  Esqr,  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  Mr  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  Honoble  John  Chambers  Esqr  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  Mr  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  ln  Merd. 


1753.]  The  Hon.  George  Clinton,  Esq :  Governor.  1119 

Fryday,  the  29'*  day  of  June,  1753.     F  Mdm. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  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  Honoble  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  Mr  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 
17th  18th  and  19"-  lines 

2  8  Strike  out  the  word  Deputy  and  after  the  word  Secretary  in  the  9lh  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  12th  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  19th 

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." 
Mr  Kennedy  left  his  seat  and 
Mr  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  Mr  Murray,  Mr  Chambers  and  Mr  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  Honoble  John  Chambers  Esqr  do  acquaint  the  General  Assembly,  that  the 
Council  have  appointed  the  Honoble  Joseph  Murray  and  William  Smith  Esqrs  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  Mr  Le  Conte  and  Major  Philipse,  acquainting  the 
Council  that  the  House  have  appointed  Mr  Nicoll,  Mr  Cruger,  Mr  Thomas,  Mr  Livingston  Mr 
Mynderse  and  Mr  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 
Mr  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  Honom  JAMES  DE  LANCEY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  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  pounds;  and  that  the 
Committees  were  unanimously  of  opinion  Col°  Johnson  is  the  most  proper  person  to  effect  that 
important  service. 

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

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Cruger  acquainting  the  Council 
that  the  House  have  agreed  to  the  Report  of  the  Committees  of  the  Council  and  Assembly 
appointed  to  meet  and  confer  on  the  subject  matters  mentioned  in  the  free  Conference  held 
yesterday,  and  that  the  House  desire  the  free  conference  may  be  resumed  in  order  to  a  final 
conclusion  on  the  several  matters  mentioned  in  his  Excellency's  Answer  to  the  Address  of  the 
House  on  the  22d  Instant,  at  such  time  and  place  as  the  Council  shall  appoint. 

Resolved,  that  the  free  conference  he  resumed  accordingly. 

The  Council  adjourned  till  Monday  Morning  10  o  clock. 


1753.]  The  Hon.  George  Clinton,  Esq:  Governor.  1121 

Monday,  the  2d  day  of  July,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  JAMES  DE  LANCEY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON, 
JOHN  CHAMBERS,  Esq" 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Honoble  Edward  Holland  Esqr  do  acquaint  the  General  Assembly,  that  the 
Council  have  agreed  to  the  Report  of  th^  Committee  appointed  to  meet  and  join  a  Committee 
of  the  General  Assembly  on  the  subject  matters  mentioned  in  the  free  conference  held  on 
Fryday  last,  and  have  appointed  that  the  conference  be  resumed  at  5  o  clock  this  afternoon,  at 
thrt  House  of  Mr  Benjamin  Hmchman,  in  order  toja  final  conclusion  thereof. 

Then  the  Council  adjourned  til  5  o  clock  P.  M. 


Monday,  the  2d  day  of  July,  1753.  Pl.  Mm. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JAMES  DE  LANCEY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and  with  the  Council  met  the  General  Assembly  at  the  free 
conference,  in  order  to  a  conclusion  thereof,  and  being  returned,  the  Speaker  Reported,  That  the 
Council  had  proposed  that  a  Representation  should  be  made  of  all  the  several  matters  concluded 
upon  at  the  former  conferrence  and  by  the  Committees  appointed  by  each  House  in  consequence 
thereof — That  the  aforesaid  Committees  should  again  meet  at  8  o  clock  to  morrow  morning  at 
the  House  of  the  Widow  Stillwell  in  order  to  prepare  the  said  Representation,  and  That  the 
same  when  agreed  to  by  eacli  House,  should  be  signed  by  the  Respective  Speakers,  and  then 
presented  to  his  Excellency  the  Governour.  To  which  Proposal  the  General  Assembly  had 
agreed. 

The  Council  adjourned  till  to  morrow  morning  10  o  clock. 


Tuesday,  the  3d  day  of  July,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono'lle  JAMES  DE  LANCEY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Murray  from  the  Committee  appointed  to  meet  the  Committee  of  the  General  Assembly 
to  prepare  the  Draft  of  a  Representation  to  his  Excellency  of  the  several  matters  concluded 
upon  at  the  conference  between  the  Council  and  the  General  Assembly  on  the  subject  matters 
recommended  to  them  by  his  Excellency,  Reported,  that  the  joint  Committees  had  prepared  a 
draft  of  the  said  Representation,  which  he  Read  in  his  place,  and  then  delivered  the  same  in  at 
the  Table,  where  the  same  was  again  read  and  agreed  to  by  the  Council. 

A  Message  from  the  General  Assembly  by  Mr  Richard  and  Col°  Bcekman  acquainting  the 
Council  that  the  House  have  approved  of  the  draft  of  the  Representation  prepared  by  the  joint 
Committees  to  be  presented  to  his  Excellency  as  the  Result  of  the  free  conference  of  the 
Council  and  General  Assembly  on  the  subject  matters  recommended  to  them  by  his  Excellency. 

Ordered,  that  Mr  Murray  acquaint  the  General  Assembly  that  the  Council  have  approved  of 
the  Draft  of  the  said  Representation. 
141 


1122  Journal  of  the  Legislative  Council  of  New  York.  [-'KB"™' 

Ordered,  that  the  said  Representation  be  Engrossed. 

The  Engrossed  Representation  to  his  Excellency  the  Governour  was  Read,  and 

Ordered,  that  the  Speaker  of  the  Council  sign  the  same. 

Then  the  Speaker  signer]  the  same  accordingly. 

Ordered,  that  the  Honoble  John  Chambers  Esqr  do  carry  the  said  Representation  to  the  General 
Assembly,  in  order  to  be  signed  by  the  Speaker  of  that  House,  and  acquaint  the  House,  that 
the  Council  have  appointed  himself  to  wait  on  his  Excellency  the  Governour  with  such  members 
as  the  General  Assembly  shall  appoint  to  know  when  his  Excellency  will  be  pleased  to  be 
attended  with  the  said  Representation. 

Mr  Chambers  being  returned  reported  that  himself  and  Mr  Livingston  and  Mr  Cruger  had 
waited  on  his  Excellency  to  know  when  he  would  be  pleased  to  be  attended  by  the  Council 
and  General  Assembly  with  their  joint  Representation,  and  that  his  Excellency  had  been  pleased 
to  appoint  immediately  at  the  House  of  Mr  Thomas  Braine  in  Jamaica. 

Then  the  Speaker  left  the  Chair,  and  the  Council  and  the  General  Assembly  went  to  present 
the  said  Representation  to  his  Excellency,  and  the  Council  being  returned 

The  Speaker  resumed  the  Chair  and  Reported,  that  the  Council  and  General  Assembly  had 
attended  his  Excellency  with  their  joint  Representation  and  that  the  same  being  read  and 
presented  to  his  Excellency,  His  Excellency  had  been  pleased  to  return  an  Answer  thereto, 
ivhich  the  Speaker  delivered  in  at  the  Table,  and  the  same  being  read 

Ordered,  that  the  said  Representation  and  Answer  be  entered  in  the  Minutes  which  are  as 
follow  viz1 

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  REPRESENTATION  of  the  Council  and  General  Assembly  of  New  York. 

May  it  please  your  Excellency, 

Your  Excellency  having  been  pleased  to  recommend  to  the  Council  and  General  Assembly,  to 
meet  in  a  free  Conference,  to  consider  of  the  present  critical  Situation  of  Indian  Affairs;  we  do 
humbly  report  to  your  Excellency,  That  upon  due  Cousideration  that  your  Excellency  cannot 
go  to  Albany,  to  meet  the  Indian  Nations,  by  Reason  of  your  Indisposition,  and  the  Expectation 
you  have  of  being  succeeded  in  the  Government :  and  being  also  sensible  that  no  Commissioners 
can  have  that  Influence  on  the  Indian  Nations  as  the  Governor  or  Commander  in  Chief, 
whose  Rank  and  Authority  would  add  Solemnity,  and  give  great  Weight  to  such  an  Interview: 
We  are  therefore  humbly  of  Opinion,  that  at  this  time  it  will  be  most  adviseable,  to  send  a 
proper  person  to  meet  the  six  Nations  at  Onondago,  in  order  to  remove  their  present  Uneasiness, 
to  bury  the  Hatchet,  and  to  preserve  the  Friendship  of  those  Nations:  For  which  Purposes 
the  General  Assembly,  in  Consequence  of  this  Opinion,  have  already  voted  the  sum  of,  Two 
Hundred  and  fifty  pounds,  to  be  laid  out  in  suitable  presents,  to  be  distributed  among  them  ; 
and  also  a  Sum  not  exceeding  Two  Hundred  Pounds,  for  the  Expences  of  the  Person  to  be  sent 
on  this  Service  ;  and  the  Council  and  General  Assembly,  are  humbly  of  Opinion,  that  Col. 
Johnson  is  the  most  proper  Person  to  be  appointed  to  do  this  Service,  who  hath  generously 
consented  to  perform  the  same  without  any  other  Allowance  than  the  Expence  he  may  be  put 
to  in  so  fatiguing  a  Journey,  on  such  an  important  Occasion.  And  therefore  we  humbly  hope 
your  Excellency  will  com  mission  ate  him,  and  give  him  the  Instructions  we  now  present  to  your 
Excellency,  together  with  such  others  as  your  Excellency  shall  think  necessary. 

By  Order  of  the  Council, 

JAMES  DE  LANCEY,  Speaker. 
By  Order  of  the  General  Assembly, 

DAVID  JONES,  Speaker. 

Jamaica  in  Queens  County 
3d  July  1753. 

His  EXCELLENCY'S  Answer. 
Gentlemen, 

"I  am  very  well  pleased  with  your  Recommodation  of  Col"  Johnson,  a  Gentleman  so  well 
qualified  for  this  Service,  and  shall  appoint  him  accordingly  " 

A  Message  from  the  General  Assembly  by  Mr  Le  Conte  and  Mr  Livingston  with  the  Bill 
Entituled,  "An  Act  for  applying  the  several  sums  therein  mentioned,  for  and  towards  several 
necessary  services  for  the  use  and  benefit  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  3  o  clock  P'  Mdm 


1753.]  The  Hon.  George  Clinton,  Esq:  Governor.  1123 

Thursday,  the  3d  day  of  July,  1753.     Pl  M. 
The  Council  met  according  to  adjournm' 

PRESENT —  The  Honob!e  JAMES  DE  LANCET,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq" 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  for  Applying  the  several  sums  therein  mentioned 
for  and  towards  several  necessary  services  for  the  use  and  benefit  of  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  to  Morrow  Morning  10  o  clock. 


Wednesday,  the  4'A  day  of  July,  1753. 
The  Council  met  according  to  adjournm1 

PRESENT  —  The  Honom  JAMES  DE  LANCEY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
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  for  applying  the 
several  sums  therein  mentioned  for  and  towards  several  necessary  services  for  the  use  and  benefit 
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  Mr  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  amendment. 

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

Ordered  to  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  Hono1)le  William  Smith  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  have  passed  the  said  hill  without  amendment. 

Ord/rcd,  that  the  Hono')le  James  Alexander,  Archibald  Kennedy,  James  De  Lancey,  Joseph 
Murray,  Edward  Holland,  John  Chambers,  and  William  Smith  Esq"  or  any  three  of  them,  be, 
and  they  or  any  three  of  them,  are  hereby  appointed  a  Committee  of  the  Council  for  the 
purposes  mentioned  in  the  Bill  passed  by  the  Council  and  General  Assembly  Entituled,  "An  Act 
to  appoint  Commissioners  to  examine  into  the  Eastern  Boundaries  of  this  Colony,  and  to 
im power  and  require  the  Secretary  of  this  Colony,  or  his  deputy,  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." 

His  Excellency  the  Governour  being  come  to  the  Council  Chamber  sent  a  Message  to  the 
General  Assembly  requiring  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  six  Bills  passed  by  the  Council  and  General  Assembly.  The  Titles  whereof  are 
as  follow  viz' 

An  Act  to  amend  An  Act  Entitled,  An  Act  for  the  more  effectual  cancelling  the  Bills  of 
Credit  of  this  Colony." 

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. 


1124  Journal  of  the  Legislative  Council  of  New  York.  [*£  £™r™- 

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. 

An  Act  to  appoint  Commissioners  to  examine  into  the  Eastern  Boundaries  of  this  Colony,  and 
to  impower  and  require  the  Secretary  of  this  Colony,  or  his  deputy,  to  deliver  certain  ancient 
Records  written  in  the  Dutch  Linguage,  to  such  Person  or  Persons  as  the  said  Commissioners 
shall  appoint  to  be  translated  into  English,  and  other  the  purposes  therein  mentioned. 

An  Act  to  appoint  Commissioners  to  Regulate  Highways  in  Dutches  County  in  the  plac^  of 
those  appointed  by  An  Act  Entitled,  An  Act  for  the  better  clearing  and  further  laying  out  Publick 
Highroads  in  Dutches  County  and 

An  Act  for  applying  the  several  sums  therein  mentioned  for  and  towards  several  necessary 
services  for  the  use  and  benefit  of  this  Colony. 

Then  the  said  six  Acts  were  published  in  the  usual  manner  And  his  Excellency  the 
Governour,  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 
September  next. 


(N.  Y.  Co.  MSS.  LXXVII.,  154.) 
BY  HIS  EXCELLENCY 

The  Honourable  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  Tuesday  the  fourth 
day  of  September  next  I  have  thought  fit  further  to  Prorogue  the  said  Genera!  Assembly,  and  I 
do  by  virtue  of  the  power  and  authority  to  me  Granted  under  the  Great  Seal  of  Great  Britain 
hereby  further  Prorogue  the  said  General  Assembly  to  Tuesday  the  ninth  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  Flushing  in  Queens  County  the 
twenty  third  day  of  August  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  fifty  three  and  of  his  Majesty's  Reign  the  twenty  seventh. 

G.  CLINTON. 
By  Hi-s  Excellency's  Command 

Gw  BANYAR  D  Secry 

God  save  the  KING. 


[  N.  Y.  Col.  MSB.,  LXXVIIL,  16.  ] 

BY  HIS  EXCELLENCY 

The   Honourable   GEORGE   CLIXTON   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  this  day.  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 


1753.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1125 

hereby  further  prorogue  the  said  General  Assembly  to  Tuesday  the  twenty  third  day  of  October 
Instant,  then  to  meet  at  the  City  Hall  in  the  City  of  New  York  to  proceed  upon  Business  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  ninth  day  of  October  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  fifty  three  and  of  his  Majesty's  Reign  the  twenty  seventh. 

G.  CLINTON. 

By  His  Excellency's  Command 

Gw.  BANYAE  D  Sccry 

God  save  the  KING. 


[  S.  Y.  Col.  MSS.,  LXXVIII.,  24.  I 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governour  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  twenty 
third  day  of  October  Instant  I  have  thought  fit  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  hereby  further  prorogue  the  said  General  Assembly  to  Tuesday  the 
thirtieth  d;iy  of  October  Instant  then  to  meet  at  the  City  Hall  in  the  City  of  New  York  to  proceed 
upon  Business :  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  eighteenth  day  of  October  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  fifty  three  and  of  his  Majesty's  reign  the  twenty  seventh. 

JAMES  DE  LANCEY. 
By  his  Honours  Command 

Gw.  BANYAR,  D  Sccry 

God  save  the  KING. 


TWENTY-SEVENTH  ASSEMBLY    THIRD  SESSION 
Province  of  New  York  ) 

A  f  St. 

in  America  ) 

At  a  Session  of  the  Cottncil  and  General  Assembly  of  the  said  Province  begun  and 
/widen  at  the  City  Hall  of  the  City  of  New  York  on  Tuesday  the  thirtieth  day  of 
October  one  thousand  seven  hundred  and  fifty  three  in  the  twenty  seventh  year  of  the 
Reign  of  King  George  the  Second. 

His  Excellency  the  Honourable  George  Clinton  late  Captain  General  and  Governor  in  Chief 
of  the  said  province  having  on  the  fourth  day  of  July  last  Prorogued  the  General  Assembly  to 


1126  Journal  of.  the  Legislative  Council  of  Neiv  York.  [273d  te8s6™.' 

the  first  Tuseday  in  September  then  next,  and  by  several  Proclamations  to  the  29th  October 
instant.  And  the  Honourable  James  DeLancey  Esqr  Lieutenant  Governor  of  the  said  Province, 
having  by  Proclamation  on  the  18tb  Instant  Prorogued  the  said  General  Assembly  to  this  day. 

The  Council  met  accordingly. 

PRESENT  —  The  HonoUi  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

And  the  Council  being  informed  there  are  not  a  sufficient  number  of  the  members  of  the 
General  Assembly  met  to  make  a  House, 
Adjourned  till  to  morrow  3  o  clock  P.  Merid 


Wednesday,  the  31"  day  of  October,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoM>  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Honoble  James  De  Lancey  Esq'  his  Majesty's  Lieut'  Governor  and  Commander  in  Chief 
of  this  province,  being  come  to  the  Council  Chamber,  sent  a  Message  to  the  General  Assembly 
requiring  their  immediate  attendance:  Who  attending  accordingly  with  their  Speaker,  His 
Honor  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,  together  with 
Copies  respectively  of  his  Majesty's  Instructions  therein  refered  to,  arid  of  the  47.  48.  49  and 
SO'*1  Articles  of  his  Majesty's  Instructions  and  then  his  Honor  left  the  Council  Chamber. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Honors  said  Speech  with  the  Instructions  delivered  therewith,  be  read,  and 
the  same  being  read 

Ordered,  that  the  same  be  entered  in  the  Minutes  which  are  as  follow : 

Gentlemen  of  the  Council  and  General  Assembly, 

His  most  Sacred  Majesty  having  been  graciously  pleased,  by  his  Royal  Commission,  to  appoint 
me  Lieutenant  Governor  of  this  province,  the  Government  thereof  is  devolved  upon  me,  by  the 
Death  of  his  late  Excellency  Sir  Danvers  Osborn,  Baronet.  As  he  was  a  gentleman  of  Birth, 
of  liberal  Education,  and  distinguished  Character,  we  had  well  grounded  Expectations  of  being 
a  happy  People  under  his  Administration,  and  have  therefore,  just  Reason  to  regret  his  Death, 
and  lament  it  as  a  publick  Loss. 

You  will  perceive,  by  the  thirty-ninth  Article  of  his  Majesty's  Instructions  to  Sir  Danvers 
Osborn  (Copies  of  which,  I  shall  herewith  deliver  you)  how  highly  his  Majesty  is  displeased 
at  the  Neglect  of,  and  Contempt  shewn  to,  his  royal  Commission  and  Instructions,  by  your 
passing  Laws  of  so  extraordinary  a  Nature,  and  by  such  your  unwarrantable  Proceedings, 
particularly  t-ct  forth  in  this  Instruction.  Hence  also,  his  Majesty's  Royal  Pleasure  as  to 
these  Matters  will  appear,  and  what  he  expects  from  you.  On  this  Head,  I  must  observe  to  you 
that  by  our  excellent  Constitution,  the  executive  Power  is  lodged  in  the  Crown ;  that  all 
Government  is  founded  on  a  Confidence  that  every  Person  will  discharge  the  Duty  of  his 
Station ;  and  if  there  should  be  abuse  of  Power,  that  the  legal  and  regular  Course,  is  to  make 
Application  to  his  Majesty,  who  having  a  paternal  Tenderness  for  all  his  Subjects,  is  always 
ready  to  hear  and  redress  their  Grievances. 

Gentlemen  of  the  General  Assembly, 

I  must  earnestly  press  it  upon  you,  that  in  preparing  your  Bills  for  the  support  of  Government 
and  other  publick  Services,  you  pay  a  due  Regard  to  his  Majesty's  Pleasure,  signified  in  his 
Instructions,  and  frame  them  in  such  a  Manner,  as  when  laid  before  me  for  my  Assent,  I  may 
give  it  consistent  with  my  Duty  to  his  Majesty. 


1753.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1127 

The  Provision  lately  made  for  repairing  his  Majesty's  Fort  and  Copsey  Battery,  will,  from  the 
great  Damage  done  to  the  latter  by  the  late  Storm,  tall  very  short  of  answering  those  purposes. 
I  must,  therefore,  recommend  to  you,  to  make  further  Provision  for  this  End;  and  also,  for 
compleating  the  Repairs  of  the  Trading  House  at  Oswego.  I  need  not  mention  to  you  the 
Importance  of  that  Place,  you  will  see  by  the  Copy  of  the  Letter  and  Account  from  the 
commanding  Officer  at  that  Post,  what  Repairs  have  been  made  and  what  is  still  necessary  to 
be  done. 

Gentlemen  of  the  Council  and  General  Assembly, 

Among  the  public  Papers  delivered  to  me,  I  find  a  Letter  from  Col.  Johnson,  with  an  Account 
of  his  Proceedings  in  his  late  Negotiations,  with  the  five  Nations  and  other  Indians  on  the 
Frontiers ;  Copies  of  which  shall  be  laid  before  you.  The  preserving  those  Indians  in  their 
Fidelity,  and  drawing  others  to  settle  among  them,  is  of  such  Consequence  to  his  Majesty's 
Service,  and  the  Safety  of  this  and  the  other  Northern  Colonies,  that  it  requires  at  all  times  the 
greatest  Attention. 

Tiie  Method  now  practised  by  the  Law,  for  letting  to  farm  the  Excise  on  strong  Liquors,  is 
complained  of  as  burthensome.  I  recommend  it  to  you,  to  put  it  on  such  a  Footing,  as  will 
remedy  that  Grievance. 

I  must  also  recommend  to  you,  the  passing  a  Bill,  for  regulating  the  Militia,  that  the  People 
may  be  trained  to  the  Use  of  Arms,  and  prepared  for  their  Defence  on  any  Emergency. 

The  good  Effects  which  have  arisen  from  the  Act  made  to  prevent  the  Exportation  of 
unmerchantable  Flour  and  the  false  Taring  of  Bread  and  Flour  Casks,  and  the  Reputation  the 
Manufacture  of  Flour  has  gained  abroad  under  the  present  Regulations,  are  strong  Arguments 
to  induce  you  to  fall  upon  some  effectual  Means,  to  prevent  the  Frauds  which  are  committed  in 
Beef,  Pork,  and  other  Commodities. 

Gentlemen, 

My  Inclination  and  Interest  lead  me  to  study  and  pursue  the  Welfare  of  this  Country ;  you 
cannot  therefore  doubt  of  my  Chearful  Concurrence  with  you,  in  such  Measures  as  will  promote 
that  End,  and  you  may  be  assured  I  will  readily  give  my  Assent  to  any  Bills,  that  have  his 
Majesty's  Service  and  the  Prosperity  of  the  Province  for  their  Object. 

JAMES  DELANCEY. 
City  of  New  York, 
31st  of  October,  1753. 

Extracts  of  his  M  ijesty's  Instructions  directed  to  the  late  Sir  Danvers  Osborn  Baronet 
deceased,  Given  at  the  Court  at  Kensington  the  thirteenth  day  of  August  1753 

INSTRUCTION  39th 

39.  WHEREAS  it  hath  been  represented  to  us,  that  great  Disputes  and  Animosities  have  for 
some  Time  past,  subsisted  among  the  several  Branches  of  the  Legislature,  of  our  Province  of 
New- York:  That  the  Peace  and  Tranquility  of  the  said  Province  has  been  disturbed,  Order  and 
Government  subverted,  the  Course  of  Justice  obstructed,  and  our  Royal  Prerogative  and 
Authority  trampled  upon,  and  invaded  in  a  most  unwarrantable  and  illegal  Manner.  And 
Whereas  the  Assembly  of  our  said  Province,  have  not  only  refused  to  comply  with  the  Powers 
and  Directions  which  we  have  thought  expedient  to  give,  by  our  Commission  and  Instructions, 
to  our  Governor  of  the  said  Province,  with  Respect  to  Money  raised  for  the  Supply  and  Support 
of  Government,  but  have  also,  in  open  Violation  of  our  said  Commission  and  Instructions, 
assumed  to  themselves,  in  the  Laws  which  they  have  annually  or  occasionally  passed,  the 
disposal  of  publick  Money;  fthe  Nomination  of  all  Officers  of  Government;  the  direction  of  the 
Militia,  and  of  such  other  Troops  as  have  been  raised  for  our  Service,  and  many  other  executive 
Parts  of  Government,  which  by  our  said  Commission  and  Instructions  We  have;  thought  proper 
to  reserve,  and  which  by  Law  belong  to  our  Governor  only.  And  Whereas  it  likewise  appears 
that  some  of  our  Council  of  sai:l  Province,  not  regarding  the  Duty  and  Allegiance  they  owe  us 
and  the  Trust  we  have  reposed  in  them,  have  joined  and  concurred  with  the  Assembly,  in  those 
unwarrantable  Measures.  We  therefore,  being  extremely  sensible  how  much  all  such 
Animosities  and  Divisions,  amongst  the  different  Branches  of  the  Legislature,  and  the 
unwarrantable  Proceedings  which  have  attended  the  same,  must  affect  and  prove  destructive  of 
the  Peace  and  Security  of  our  said  province;  lessen  and  impair  that  due  Authority,  which  by 
Right  belongs  to  us  in  the  Government  thereof,  and  thereby  alienate  the  Hearts  and  Affections 
of  our  loving  Subjects;  and  being  determined  at  the  same  Time,  that  we  do  protect  all  our  loving 
Subjects  in  the  Lawfull  Enjoyment  of  their  Hights  and  priviledges,  not  to  permit  our  own 
Authority  and  Prerogative  to  be  in  any  Degree  violated,  or  unduly  lessened,  by  any 
Encroachments  whatever.  It  is  our  express  Will  and  Pleasure,  and  you  are  hereby  strictly 
enjoined  and  required,  forthwith  upon  your  Arrival,  to  use  your  best  Endeavours,  in  the  most 


1128     .  Journal  of  the  Legislative  Council  of  New  York.  [2?ah  se^T' 

prudent  Manner,  to  quiet  the  minds  of  our  loving  Subjects,  and  reconcile  the  unhappy 
Differences  subsisting  amongst  them ;  and  having  called  the  Council  and  Assembly  of  our  said 
Province  together,  you  are  to  signify  to  them  in  the  strongest  and  most  solemn  Manner,  our 
high  Displeasure  for  their  Neglect  of,  and  the  Contempt  they  have  shewn  to,  our  Royal  Commission 
and  Instructions,  by  passing  Laws  of  so  extraordinary  a  Nature,  and  by  such  their  unwarrantable 
Proceedings;  and  that  We  do  strictly  charge  and  enjoin  them  for  the  future  to  pay  to  our  said 
Commission  and  Instructions  due  Obedience;  receding  from  all  unjustifiable  Encroachments 
upon  our  legal  Authority  and  Prerogative,  and  demeaning  themselves  in  their  respective  Stations 
with  a  due  Regard  thereto,  and  to  the  Peace,  Security  and  Prosperity  of  the  Province.  And 
Whereas,  nothing  can  more  effectually  tend  to  re-establish  good  Order  and  Government  within 
our  said  Province,  and  promote  its  future  Peace  and  Prosperity,  than  the  having  a  Permanent 
Revenue  settled  by  Law,  upon  a  solid  Foundation,  for  defraying  the  necessary  Charges  of 
Government,  for  Want  of  which  great  Inconveniency  and  Prejudice  have  hitherto  arisen  to  our 
Service,  and  to  the  Affairs  of  our  said  Province,  It  is  therefore,  Our  further  Will  find  Pleasure, 
that  you  do  in  the  strongest  Manner,  recommend  to  the  Assembly,  in  our  Name,  without  Delay, 
to  consider  of  a  proper  Law,  to  be  passed  for  this  Purpose,  taking  Care  that  such  Law  shall  be 
indefinite  and  without  Limitation,  and  that  Provision  be  made  therein,  for  the  Salary  allowed 
by  us,  to  Our  Captains  General  and  Governors  in  Chief  of  our  said  Province;  and  likewise  for 
competent  Salaries  to  all  Judges,  Justices  and  other  necessary  Officers,  and  Ministers  of 
Government,  and  for  repairing  the  Fortifications,  and  erecting  such  new  ones,  as  the  Security 
and  Safety  of  the  Province  may  require;  for  making  annual  Presents  to  the  Indians,  and  for  the 
Expence  attending  the  same;  and  in  general,  for  all  such  other  Charges  of  Government,  as  may 
be  fixed  or  ascertained.  It  is,  nevertheless,  Our  Will  and  Pleasure,  and  you  are  hereby 
impowered,  after  the  passing  such  Law  as  aforesaid,  to  give  your  Assent  to  any  temporary  Law 
or  Laws,  for  defraying  the  Expences  of  temporary  Sei  vices.  Provided  always,  that  the  said 
Law  or  Laws  do  expire,  and  have  their  full  Effect,  when  the  Services  for  which  said  Law  or 
Laws  were  passed,  shall  cease  and  be  determined;  and  that  they  be  consistent  with  Our  Royal 
Prerogative,  and  Our  Commission  and  Instructions  to  you.  And  it  is  Our  further  Will  and 
Pleasure,  that  all  Money  raised  for  the  Supply  and  Support  of  Government,  or  upon  Emergencies 
for  a  temporary  Service  as  aforesaid,  shall  be  disposed  of,  and  applied  to  the  Service  only  for 
whirjh  it  was  raised,  by  Warrant  from  you,  by  and  with  the  Advice  and  Consent  of  the  Council 
of  our  said  Province,  and  no  otherwise.  But,  the  Assembly  may,  nevertheless,  be  permitted 
from  Time  to  Time,  to  view  and  examine  the  Accounts  of  Money  disposed  of  by  virtue  of  Laws 
made  by  them;  which  you  are  to  signify  to  them,  as  there  shall  be  Occasion..  And  it  is  Our 
further  Will  and  Pleasure,  that  if  any  of  the  Members  of  our  Council,  or  any  Officer  holding  or 
enjoying  any  Place  of  Trust  or  Profit,  within  our  said  Government,  shall  in  any  Manner  whatever 
give  his  or  their  Assent  to,  or  any  wise  advise  or  concur  with  the  Assembly  in  passing,  any  Act 
or  Vote,  whereby  our  Royal  Prerogative  may  he  les>ened,  or  impaired,  or  whereby  any  money 
shall  be  raised  or  disposed  of,  for  the  publick  Service  contrary  to  or  inconsistent  with  the  Method 
prescribed  by  these  our  Instructions  to  you;  you  i-hall  forthwith  remove  or  suspend  such 
Councillor,  or  other  Officer  so  offending;  giving  to  our  Commissioners  for  Trade  and  Plantations, 
an  immediate  Account  thereof,  in  order  to  be  laid  before  us, 

INSTRUCTION  47. 

WHEREAS  several  Inconvenices  have  arisen  to  our  Governments  in  the  Plantations,  by  Gifts 
and  Presents  made  to  our  Governors  by  the  General  Assemblies.  For  prevention  whereof  for 
the  future,  It  is  our  express  Will  and  Pleasure,  that  neither  you  our  Governor,  Commander  in 
Chief,  or  President  of  the  Council  of  our  said  Province  of  New  York,  for  the  Time  being,  do 
give  your,  or  their  Consent  to  the  passing  any  Law  or  Act,  for  any  Gift  or  Present  to  be  made 
to  you  or  them,  by  the  Assembly:  And  that  neither  you  nor  they,  do  receive  any  Gift  or  Present 
from  the  Assembly  or  others,  on  any  Account  or  in  any  Manner  whatsoever,  upon  Pain  of  our 
highest  displeasure,  and  of  being  recalled  from  that  our  Government. 

INSTRUCTION  43. 

Our  Will  and  Pleasure  is,  that  you  take  to  yourself  as  Captain  General  and  Governor 
in  Chief,  in  and  over  our  said  Provice,  the  sum  of  Twelve  Hundred  Pounds,  Sterling,  per 
Annum,  out  of  our  Revenue  arising  within  our  said  Province. 

INSTRUCTION  49. 

And  Whereas,  it  has  been  represented  unto  us,  that  Twelve  Hundred  Pounds,  Sterling, 
per  Annum,  is  not,  at  present,  sufficient  for  the  Support  of  our  Governor,  and  the  Dignity  of 
that  our  Government:  We  are  graciously  pleased  to  permit  and  allow,  that  the  Assembly  of 
our  said  Province  of  New  York,  may  by  any  Act  or  Acts,  settle  upon  you,  such  Sum  or  Sums 
in  Addition  to  your  Salary,  as  they  shall  think  proper.  And  you  are  hereby  allowed  to  give 


1753.]  The  Hon.  James  De  Lancey  Esq:  Lieut.  Governor.  1129 


your  Assent  to  any  4tct  or  Acts  of  Assembly  for  the  said  Purposes;  notwithstanding,  any  Clause 
or  Clauses,  contained  in  the  47th  Article  of  these  Instructions;  provided  that,  such  Sum  or 
Sums  be  settled  on  you,  and  your  Sucessors  in  that  Government,  or  at  least  on  you,  during  the 
whole  Time  of  your  Government  there  ;  and  provided  the  same  be  done  by  the  first  Assembly, 
and  within  a  Year  after  your  Arrival  in  that  Province. 

INSTRUCTION  50. 

And  We  do  further  direct  and  require,  that  this  Declaration  of  our  Royal  Will  and  Pleasure, 
in  the  three  foregoing  Articles,  be  communicated  to  the  Assembly  at  their  first  Meeting,  after 
your  Arrival  in  our  said  Province,  and  entered  in  the  Registers  of  our  Council  and  Assembly, 
that  all  Persons  whom  it  may  concern,  may  govern  themselves  accordingly. 

Ordered,  that  his  Honour  the  Governor's  speech  be  forthwith  printed. 

Then  Mr  Kennedy  moved  that  an  Address  be  presented  to  his  Honour  the  Lieutenant  Governor 
in  Answer  to  his  Speech,  which  Motion  being  seconded  by  Mr  Murray  was  agreed  to  by  the 
Council. 

Resolved,  that  a«  Address  be  presented  by  the  Council  to  his  Honour  the  Lieutenant  Governor 
accordingly. 

Ordered,  that  Mr  Murray,  Mr  Chambers  and  Mr  Smith  be  a  Committee  to  prepare  a  Draft  of 
the  said  Address,  and  that  they  prepare  and  bring  in  the  same  at  the  next  meeting  of  the 
Council. 

The  Council  adjourned  to  Tuesday  next  at  11  o  clock  in  the  morning. 


Tuesday,  the  6'A  day  of  November,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Murray  from  the  Committee  appointed  to  prepare  the  Draft  of  An  Address  to  his  Honor 
the  Lieutenant  Governor,  read  and  presented  the  same  at  the  Board,  where  the  same  was  again 
read,  and  agreed  to  and 

Ordered  to  be  engrossed. 

The  engrossed  Address  to  his  Honour  the  Lieutenant  Governor  was  read,  and 

Ordered  to  be  signed  by  the  Speaker,  and  the  Speaker  having  signed  the  same 

Ordered,  that  Mr  Kennedy  and  Mr  Holland  do  wait  on  his  Honour,  to  know  when  he  will  be 
pleased  to  be  attended  with  the  Council's  Address. 

Who  being  returned  Reported  That  they  had  delivered  the  said  Message  to  his  Honour  and 
that  he  had  been  pleased  to  appoint  to  morrow  morning  11  o  clock. 

Tne  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Wednesday,  the  7'*  day  of  November,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and  with  the  Council  went  to  present  the  Councils  Address  and 
being  returned 

142 


1130  Journal  of  the  Legislative  Council  of  Neio  York.  Psa1  se."™/ 

The  Speaker  resumed  the  Chair  and  Reported  That  having  attended  his  Honour  and  presented 
to  him  the  Council's  Address,  his  Honour  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  the  Honourable  JAMES  DE  LANCEY  Esqr  his  Majesty's  Lieutenant  Governor  and 
Commander  in  Chief  in  and  over  the  Province  of  New  York  and  the  Territories 
depending  thereon  in  America. 

The  humble  ADDRESS  of  his  Majesty's  Council  of  the  Province  of  New  York. 

Mny  it  please  your  Honour, 

We  his  Majesty's  most  dutiful  and  loyal  Subjects,  the  Council  of  the  Province  of  New  York 
beg  leave  to  condole  with  your  Honour  the  death  of  his  late  Excellency  Sir  D.-mvers  Osborn 
Baronet  which  we  Lament  as  a  publick  Loss. 

The  administration  of  the  Government  being  devolved  on  your  Honour,  in  virtue  of  his 
Majesty's  appointment  of  you  as  his  Lieutenant  Governor  We  heartily  congratulate  your 
Honour  on  this  your  promotion,  and  return  you  thanks  for  your  Speech  at  the  opening  of  this 
Session  :  And  as  we  are  truly  sensible  of  your  abilities,  and  from  your  long  experience  in  the 
Publick  Affairs  of  this  Province,  your  fitness  to  Govern  :  So  we  assure  our  selves,  that  under 
your  wise  and  prudent  administration,  his  Majesty's  Prerogative  will  be  maintained,  and  the 
people  secured  in  their  Rights  and  Liberties. 

It  is  a  just  and  equal  regard  to  those  two  important  Points,  on  which  every  Government  in 
his  Majesty's  Dominions  must  depend,  and  without  which  we  may  with  truth  say,  no  government 
can  long  subsist.  We  are  therefore  affected  wiih  the  deepest  concern  at  his  Majesty's  being  so 
highly  displeased  with  the  Council  of  this  Province,  as  signified  in  the  39th  Article  of  his  Instruc 
tions  to  the  late  Sir  Danvers  Osborn.  which  you  have  been  pleased  to  lay  before  us;  and  on  this 
occasion  beg  leave  to  observe,  that  if  at  any  time  we  have  given  our  assent  to  Bills  by  which 
the  Government  hath  been  supported,  and  the  publick  services  provided  for,  in  a  manner 
different  from  the  method  directed  in  his  Majesty's  Commission  and  Instructions,  it  is  merely 
from  the  Exigency  of  the  publick  affairs,  and  not  with  any  view  to  incroach  on  his  Majesty's 
Prerogative.  And  therefore  we  humbly  hope  that  our  conduct  under  these  circumstances  will 
appear  in  a  favourable  Light  to  his  most  sacred  Majesty,  especially  if  it  be  considered,  that  his 
Majesty's  Governor  or  Commander  in  Chief  might  have  given  a  negative  to  such  Bills,  and  that 
these  Bills  were  framed  nearly  in  the  same  manner  with  those  that  have  been  passed  for  the 
support  of  Government  and  other  publick  services  for  many  years,  and  long  before  most  of  the 
present  members  were  of  his  Majesty's  Council,  which  after  being  Enacted  into  Laws  we  doubt 
not  have  been  duly  authenticated,  and  constantly  transmitted  to  the  Lords  Commissioners  for 
Trade  and  Plantations  for  his  Majesty's  Royal  approbation. 

We  beg  leave  to  assure  your  Honour  that  the  several  matters  recommended  to  us  in  your 
Speech,  shall  in  the  course  of  our  proceedings  have  their  due  weight  and  attention,  and  that 
your  Honour  may  depend  on  our  chearful  concurrence  in  any  measure  calculated  for  his 
Majesty's  service,  the  Honour  and  Dignity  of  his  Government  and  the  Welfare  of  this  Province. 

By  order  of  the  Council 

JAMES  ALEXANDER  Speaker. 
Council  Chamber  City  of  New  York 
Glh  November  1753. 

His  HONOURS  Answer. 
Gentlemen, 

I  thank  you  for  this  Address,  and  the  favourable  sentiments  you  express  of  me. 

I  shall  make  it  my  study,  as  it  is  my  duty,  to  maintain  his  Majesty's  Prerogative,  and  to 
secure  the  people  in  their  Rights  and  Liberties. 

His  Majesty's  service,  the  Honour  and  Dignity  of  his  Government,  and  the  Welfare  of  the 
Province  shall  be  the  objects  of  my  attention.  I  am  obliged  to  you  for  the  assurances  you 
give  me  of  your  chearful  concurrence  in  every  measure  calculated  for  those  desirable  ends,  and 
I  shall  rely  on  your  advice  and  assistance. 

JAMES  DE  LANCEY. 
City  of  New  York 
November  7th  1753. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

Then  the  Council  adjourned  to  Fryday  next  at  11  o  clock  in  the  morning. 


1753.]  r    The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1131 

Fry  day,  the  9'*  day  of  November,  1753. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  Honom  JAMES  ALEXANDER.  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Verplaiik  and  Mr  Livingston  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. 

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  to  Tuesday  next  11  o  clock  in  the  morning. 


Tuesday,  the  13'*  day  of  November,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Cap'  Walton  and  Cap'  Winne  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  to  be  Read  a  second  time. 

A  Message  from  the  General  Assembly  by  Captain  Richard  and  Mr  Le  Count  with  the  Bill 
Entituled,  "An  Act  for  raising  the  sum  of  one  thousand  one  hundred  and  twenty  five  pounds  by 
a  publick  Lottery  for  this  Colony  for  a  further  provision  towards  founding  a  College  within  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  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"  be  now  Read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered  to  be  committed. 

Then  the  Council  adjourned  to  Fryday  next  at  3  o  clock  P*  Merid 


Fryday,  the  16'*  day  of  November,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Intituled,  "An  Act  for  the  Relief  of  Insolvent  Debtors  with  respect 
to  the  Imprisonment  of  their  Persons  in  the  City  of  New  York  "  and 


1132  Journal  of  the  Legislative  Council  of  New  York. 

The  Bill  Intituled,  "An  Act  for  raising  the  sum  of  one  thousand  one  hundred  and  twenty 
five  pounds  by  a  publick  Lottery  for  this  Colony  for  a  further  Provision  towards  founding  a 
Colledge  within  the  same  "  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  by  Mr  Nicoll  and  Mr  Watts  with  the  Bill  Entituled, 
"An  Act  to  continue  An  Act  Intituled,  An  Act  to  prevent  Frauds  in  Debtors  "  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  the  General  Assembly  by  Colonel  Beekman  and  Mr  Filken  with  the  Bill 
Entituled,  "  An  Act  to  raise  a  sum  not  exceeding  fifty  pounds  for  finishing  of  the  Court  House 
and  Goal  in  Dutches  County  and  defraying  such  charges  as  are  already  laid  out  and  expended 
towards  the  building  the  same"  Desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Cap'  Livingston  with  a  Bill 
Entituled,  "  An  Act  to  enable  the  Mayor,  Deputy  Mayor,  Recorder  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  Bills  be  Read. 

Then  the  said  two  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  Fryday  next  the  23d  Instant  at  11  o  clock  in  the  morning. 


Fryday,  the  23d  day  of  November,  1753. 
The  Council  met  according  to  adjournment. 

PEESENT  —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "  An  Act  to  continue  An  Act  Entituled,  An  Act  to  prevent 
frauds  in  debtors." 

The  Bill  Entituled,  "  An  Act  to  raise  a  sum  not  exceeding  fifty  pounds  for  finishing  of  the 
Court  House  and  Goal  in  Dutches  County  and  defraying  such  charges  as  are  already  laid  out 
and  expended  towards  the  building  the  same  "  and 

The  Bill  Entituled,  "  An  Act  to  enable  the  Mayor,  Deputy  Mayor,  Recorder  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"  be  now  Read  the  second  time. 

Then  the  said  three  Bills  were  Read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Janse  and  Mr  Ver  Plank  with  the  Bill  Entituled, 
"  An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Townships  of  Rochester  and 
Marbletown  to  chuse  and  elect  at  their  Annual  Town  Meetings,  two  Constables  for  each  Town" 
desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Livingston  and  Mr  Watis  with  the  Bill  Entituled, 
"  An  Act  to  prevent  the  passing  of  Counterfeit  English  halfpence  and  Farthings"  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. 

The  Council  adjourned  till  Monday  next  3  o'clock  P'  Merid. 


1753.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1133 

Monday,  the  26'*  day  of  November,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoblt  JAMES  ALEXANDER,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the 
Townships  of  Rochester  and  Marbletown  to  chuse  and  elect  at  their  Annual  Town  Meetings 
two  Constables  for  each  Town  "  and 

The  Bill  Entituled,  "An  Act  to  prevent  the  passing  of  Counterfeit  English  half  pence  and 
Farthings"  be  now  read  the  second  time. 

Then  the  said  two  Bills  were  read  the  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  Captain  Richard  and  Mr  Gale  with  the  Bill 
Intituled  "An  Act  to  regulate  the  Collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
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. 

The  Council  adjourned  till  to  morrow  3  o  clock  P1  Merid. 


Tuesday,  the  21th  day  of  November,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolle  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on 
Strong  Liquors  retailed  in  this  Colony  "  be  now  Read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

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

Mr  Murray  took  his  seat. 

The  Speaker  left  the  Chair  and 

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" 
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  Mr  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 

On  the  Question  being  put 

Whether  the  Bill  should  be  read  the  third  time? 

It  passed  in  the  Negative. 

The  Speaker  then  put  the  Question 

Whether  the  Bill  should  be  recommitted  ? 

Which  passed  in  the  Negative,  and 

Then  the  Speaker  put  the  Question 

Whether  the  Bill  should  be  rejected? 

Which  passed  in  the  Affirmative  unanimously. 

Resolved  thereupon  that  the  said  Bill  be  rejected. 

The  Speaker  left  the  Chair,  and 


1134  Journal  of  the  Leislative  Council  of  New  York. 


The  Council  Resolved  into  a  Committee  on  the  Bill  Intituled,  "An  Act  for  raising  the 
sum  of  one  thousand  one  hundred  and  twenty  five  pounds  by  a  publick  Lottery  for  this  Colony, 
for  a  further  Provision  towards  founding  a  College  within  the  same"  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  Mr  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  Honoble  Edward  Holland  Esqr  do  acquaint  the  General  Assembly  that  the 
Council  have  passed  the  said  Bill  without  Amendment. 

Mr  Kennedy  Dissenting  to  the  passing  the  said  Bill  his  Dissent  is  entered  accordingly. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  into  a  Committee  on  the  Bill  Entituled,  "  An  Act  to  raise  a  sum  not 
exceeding  fifty  pounds  for  finishing  of  the  Court  House  and  Goal  in  Dutches  County  and 
defraying  such  charges  as  are  already  laid  out  and  expended  towards  the  building  the  same  "  and 

The  Committee  having  gone  through  the  same  and  being  ready  to  make  their  Report  thereupon 

The  Speaker  resumed  the  Chair. 

Then  Mr  Chambers  Chairman  of  the  said  Commiitee  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  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resohcd,  that  the  said  Bill  do  pass. 

Mr  Kennedy  dissenting  to  the  passing  the  said  Bill  his  dissent  is  entered  accordingly. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Watts  desiring  the  Council  to 
acquaint  that  House  what  progress  the  Council  have  made  in  the  Bill  Entituled,  "An  Act 
further  to  continue  the  two  Acts  therein  mentioned  for  arid  towards  supporting  the  Government 
of  this  Colony." 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  rejected 
the  said  Bill. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Le  Count  with  a  Bill  Intituled, 
"  An  Act  tor  preventing  Frauds  by  Mortgages,which  shall  be  made  and  executed  after  the  first 
day  of  June  in  the  year  one  thousand  seven  hundred  and  fifty  four  "  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  till  to  morrow  3  o  clock  P'  Mend. 


Wednesday,  the  28lh  day  of  Novenf,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Intituled,  "  An  Act  for  preventing  Frauds  by  Mortgages  which  shall 
be  made  and  executed  after  the  first  day  |of  June  one  thousand  seven  hundred  and  fifty  four" 
be  read  the  second  time 

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


1753.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1135 

A  Message  from  the  General  Assembly  by  Cap1  Winne  and  Mr  Mynderse  with  a  Bill  Entituled, 
"  An  Act  further  to  empower  the  Justices  of  the  peace  in  the  County  of  Albany  living  or 
dwelling  in  the  Town  of  Schonectady  in  the  said  County  to  drain  the  water  out  of  the  Streets 
thereof"  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  into  a  Committee  on  the  Bill  Entituled, 
"  An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Townships  of  Rochester  and 
Marbletown  to  chuse  and  elect  at  their  Annual  Town  Meetings  two  Constables  for  each  Town" 
and  the  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair. 

Mr  Chambers  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  and  The  Bill  Entituled,  "An  Act  to  raise  a  sum  not  exceeding  fifty  pounds  for 
finishing  the  Court  House  and  Goal  in  Dutches  County  and  defraying  such  Charges  as  are 
already  laid  out  and  expended  towards  the  building  the  same"  without  Amendment. 

Mr  Chambers  moved  that  a  Bill  which  he  had  in  his  hand  Intituled,  "  An  Act  to  revive  An 
Act  Intituled,  An  Act  to  regulate  the  Militia  of  this  Colony  "  might  be  read. 

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  to  Morrow  3  o  clock  P'  Merid. 


Thursday,  the  29"'  day  of  November,   1753.  P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Ho?ioble  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS. 
WILLIAM  SMITH,  Esqrs. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  further  to  empower  the  Justices  of  the  Peace  in 
the  County  of  Albany  living  and  dwelling  in  the  Town  of  Schonectady  in  the  said  County  to 
drain  the  water  out  of  the  streets  thereof"  be  read  the  second  time. 

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

Ordered,  that  the  Bill  Entituled,  "An  Act  to  revive  An  Act  Entituled,  An  Act  to  regulate 
the  Militia  of  this  Colony  "  be  now  read  the  second  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  till  to  morrow  3  o  clock  P'  Merid. 


1136  Journal  of  the  Legislative  Council  of  New  York. 

Fryday,  the  30'A  day  of  November,  1753.  P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Cap'  Richard  and  Col"  Lot  with  the  Bill 
Entituled,  "An  Act  to  enable  the  Minister  Elders  and  Deacons  of  the  Reformed  Protestant 
Dutch  Church  of  the  City  of  New  York  to  sell  and  dispose  of  their  Lands,  Tenements  and 
Hereditaments  in  the  County  of  Westchester  commonly  called  and  known  by  the  name  of  the 
Manor  of  Fordham,  and  also  for  granting  unto  them  some  further  Liberties  and  Priviledges  for 
the  better  management  of  their  affairs  and  the  well  ordering  or  Governing  of  their  said  Church  " 
desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Snedeker  and  M'  De  Pue  with  the  Bill 
Entituled,  "An  Act  to  revive  and  further  continue  An  Act  Entituled,  An  Act  for  the  destroying 
of  Wolves  and  Panthers  in  the  Counties  of  Ulster,  Dutches  and  Orange,"  desiring  the 
concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Verplanck  and  Mr  Le  Count  with  the  Bill 
Entituled,  "An  Act  for  the  more  equal  Taxation  of  Estates  in  Queens  County,"  desiring  the 
concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bills  be  read. 

Then  the  said  three  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  to  revive  An  Act 
intituled,  An  Act  to  regulate  the  Militia  of  this  Colony,"  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  Reported  that  the  Committee  had  gone  through  the  said  Bill,  and  made  some 
amendments  thereto,  which  he  read  in  his  place,  and  then  delivered  the  Bill  with  the  Amendments 
in  at  the  Table,  where  the  Amendments  were  read  and  agreed  to. 

Oidcred,  that  the  said  Bill  with  the  Amendments  beEngrossed. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  into  a  Committee  on  the  Bill  Entituled,  "An  Act  to  prevent  the 
passing  of  Counterfeit  English  half  pence  and  Farthings,"  and 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair. 

Mr  Chambers  Chairman  of  the  said  Committee  in  his  place  Reported,  that  the  Committee  had 
gone  through  the  said  Bill  and  made  several  Amendments  thereto  which  he  read  and  then 
delivered  the  Bill  with  the  x\mendments  in  at  the  Table,  where  the  same  were  again  read  and 
agreed  to  and  the  amendments 

Ordered  to  be  engrossed. 

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

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

On  the  Question  being  put 

Resolved,  that  the  Bill  with  the  amendments  do  pass. 

Ordered,  that  Mr  Chambers  do  carry  the  said  Bill  and  Amendments  to  the  General  Assembly 
and  acquaint  that  House  that  the  Council  have  passed  the  Bill  with  those  Amendments,  to  which 
they  desire  their  concurrence. 

The  Council  adjourned  till  Monday  next  3  o  clock  P'  Merid. 


1753.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1137 

Monday,  the  3d  day  of  December,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bills  Entituled,  "  An  Act  to  enable  the  Minister,  Elders  and  Deacons  of  the 
Reformed  Protestant  Dutch  Church  of  the  City  of  New  York  to  sell  and  dispose  of  their  Lands 
Tenements  and  Hereditaments  in  the  County  of  Westchester,  commonly  called  and  known  by 
the  name  of  the  manor  of  Fordham.  and  also  for  granting  unto  them  some  further  Liberties  and 
Priviledges  for  the  better  Management  of  their  affairs  and  the  well  ordering  or  governing  of  their 
said  Church," 

The  Bill  Entituled,  An  Act  to  revive  and  further  continue  An  Act  entituled,  An  Act  for  the 
destroying  of  Wolves  and  Panthers  in  the  Counties  of  Ulster,  Dutches  and  Orange.  And 

The  Bill  Entituled,  "An  Act  for  the  more  equal  Taxation  of  Estates  in  Queens  County"  be 
read  the  second  time. 

The  said  three  Bills  were  Read  the  second  time  and 

Committed  to  the  Gentlemen  of  the  Council  or  any  five  of  them. 

The  Engrossed  Bill  Entituled,  "  An  Act  to  revive  An  Act  intituled,  An  Act  to  regulate  the 
Militia  of  this  Colony  "  was  read  the  third  time  and 

On  the  Question  being  put 

Resolced,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Chambers  do  carry  the  said  Bill  to  the  General  Assembly  and  desire  their 
concurrence  thereto. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  into  a  Committee  on  the  Bill  Entituled,  "An  Act  to  enable  the  Mayor, 
Deputy  Mayor  Recorder  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  ;"  and 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair. 

And  Mr  Smith  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  a  third  Reading. 

The  Council  adjourned  till  to  morrow  3  o  clock  P'  Merid. 


Tuesday,  the  4'   day  of  December,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chnir. 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  enable  the  Mayor,  Deputy  Mayor,  Recorder  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  "  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. 

Mr  Kennedy  dissenting  to  the  passing  this  Bill  his  Dissent  is  entered  accordingly. 

143 


1138  Journal  of  the  Legislative  Council  of  New  York. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  amendment. 

Mr  Murray  took  his  seat. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  into  a  Committee  on  the  Bill  Entituled,  "  An  Act  to  continue  An  Act 
Intituled,  An  Act  to  prevent  Frauds  in  Debtors  "  and 

The  Committee  having  gone  through  the  same 

The  Speaker  assumed  the  Chair  and 

Mr  Chambers  Reported  that  the  Committee  had  gone  through  the  said  Bill  and  made  several 
amendments  thereto,  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. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  themselves  into  a  Committee  on  the  three  following  Bills  viz' 

The  Bill  Entituled,  "An  Act  further  to  impower  the  Justices  of  the  peace  of  the  County  of 
Albany  living  and  dwelling  in  the  Town  of  Schenectady  in  the  said  County  to  drain  the  water 
out  of  the  streets  thereof. 

The  Bill  Entituled,  "  An  Act  to  revive  and  further  continue  An  Act  Entituled,  An  Act  for 
the  destroying  of  Wolves  and  Panthers  in  the  Counties  of  Ulster,  Dutches  and  Orange  "  & 

The  Bill  Entituled,  "  An  Act  for  the  more  equal  Taxation  of  Estates  in  Queens  County." 

The  Committee  having  gone  through  the  said  Bills  severally 

The  Speaker  resumed  the  Chair 

And  Mr  Holland  Reported  that  the  Committee  had  gone  through  the  two  first  mentioned  of 
the  said  Bills,  and  had  directed  him  to  report  the  same  without  Amendm' 

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

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

Then  the  said  two  Bills  were  read  the  third  time  and 

On  the  Question  being  severally  put 

Resolved,  that  the  said  two  Bills  do  severally  pass. 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  Amendment. 

Mr  Chambers  from  the  Committee  to  whom  the  Bill  Entituled,  "An  Act  for  the  more  equal 
Taxation  of  Estates  in  Queens  County  "  was  refered  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  Amendment. 

Then  the  Council  adjourned  till  to  morrow  3  o  clock  P'  Merid. 


Wednesday,  the  5"1  day  of  December,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  from  the  Committee  to  whom  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  " 
was  referred,  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  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  Amendment. 


1753.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1139 

Mr  Murray  took  his  seat. 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  continue  An  Act  Entituled,  An  Act  to  prevent 
Frauds  in  Debtors"  be  read  the  third  time  as  amended. 

Then  the  said  Bills  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  Mr  Chambers  do  carry  back  to  the  General  Assembly  the  said  Bill  with  the 
Amendments  made  thereto  by  the  Council,  and  acquaint  that  House  that  the  Council  have 
passed  the  Bill  with  those  Amendments  to  which  they  desire  their  concurrence. 

A  Message  from  the  General  Assembly  by  Colonel  Beekman  and  Mr  Le  Count  with  the  Bill 
Entituled,  "An  Act  to  prevent  the  passing  of  Counterfeit  English  half  pence  and  Farthings," 
and  the  amendments  made  thereto  by  the  Council,  acquainting  the  Council  that  that  House 
have  agreed  to  the  said  Amendments,  and  desire  the  Bill  may  be  amended  accordingly 

Ordered,  that  the  said  Bill  be  accordingly  amended. 

Then  the  said  Bill  was  amended  Which  amendments  are  as  follow. 

In  the  Title  of  the  Bill  strike  out  the  words  passing  of  counterfoil  English  and  instead  thereof 
insert  the  words  importing  or  passing  Counterfeits  of  British 

Page  1  Strike  out  the  Preamble  and  the  two  following  Clauses  and  instead  thereof  insert  the 
Preamble  and  Clauses  following 

Whereas  many  Counterfeits  of  British  half  pence  and  Farthings  are  now  passing  in  this 
Colony  to  the  great  damage  and  Loss  of  the  Inhabitants  For  Remedy  whereof 

Be  it  enacted  by  his  Honour  the  Lieutenant  Governor,  the  Council  and  the  General  Assembly 
and  ii  is  hereby  Enacted  by  the  Authority  of  the  same,  That  if  any  Person  or  Persons  after  the 
Publication  of  this  Act  shall  import  or  bring  or  cause  or  procure  to  be  imported  or  brought  into 
this  Colony  any  Counterfeits  of  British  half  pence  or  Farthings  each  and  every  of  the  Persons 
so  offending  shall  forfeit  the  sum  of  One  hundred  pounds  current  money  of  this  Colony,  to  be 
recovered  in  any  Court  of  Eecord  within  this  Colony,  by  action  of  debt,  Bill  or  Information  with 
Costs  and  to  and  for  the  proper  use  and  benefit  of  such  Person  or  Persons  who  shall  sue  for  the 
same. 

And  be  it  Enacted  by  the  same  authority,  that  if  any  Person  or  Persons  shall  pass  any 
Counterfeits  of  British  half  pence  or  Farthings  in  payment  knowing  the  same  to  be  counterfeit 
he  she  or  they  shall  forfeit  ten  times  the  value  of  the  sum  for  which  the  said  Counterfeits  of 
halfpence  or  Farthings  were  so  passed  in  payment  to  be  recovered  with  Costs  of  suit  before 
any  Justice  of  the  peace  by  any  person  that  will  sue  for  the  same  which  Justice  is  hereby  fully 
impowered  and  required  summarily  to  hear  and  determine  the  same  and  to  award  execution 
thereupon,  if  the  said  Forfeiture  shall  not  amount  to  more  than  six  pounds  current  money  of 
this  Colony.  And  if  such  Forfeiture  shall  amount  to  more  than  that  sum,  then  it  shall  be 
recovered  and  applyed  in  the  same  manner  as  the  Forfeitures  herein  imposed  on  persons 
importing  Counterfeits  of  British  half  pence  and  Farthings  are  directed  to  be  recovered  and 
applyed. 

Be  it  further  Enacted  by  the  same  authority,  that  if  any  Person  or  Persons  shall  tender  or 
offer  in  payment  any  Counterfeits  of  British  halfpence  or  Farthings,  it  shall  and  may  be  lawfull 
for  the  person  or  persons  to  whom  such  tender  or  offer  shall  be  made,  and  he  she  or  they  are 
hereby  required  to  seize  and  take  such  Counterfeits  of  half  pence  and  Farthings  and  being  so 
seized  and  taken  the  same  to  convey  and  deliver  to  some  Magistrate  of  the  City  or  County 
where  such  tender  or  offer  shall  he  made,  who  shall  deliver  the  same  to  the  next  General  Court 
of  Sessions  of  the  Peace  to  be  holder)  for  such  City  or  County. 

And  Be  it  Enacted  by  the  Authority  aforesaid,  that  when  any  person  or  persons,  shall  have 
passed  any  Counterfeits  of  British  half  pence  or  Farthings  in  payment,  he  she  or  they  shall  be 
Lyable  and  is  and  are  hereby  obliged  on  demand  to  pay  to  the  person  or  peisons  to  whom  they 
were  so  passed  in  payment,  the  full  value  of  the  sum  for  which  the  same  were  so  passed, 
Provided  such  Counterfeits  of  British  half  pence  or  Farthings  be  delivered  to  some  Magistrate 
and  such  demand  made  as  aforesaid  within  one  week  after  the  Receit  of  the  sime  But  if  such 
Person  or  Persons  who  shall  so  receive  the  same  Counterfeits  of  British  halfpence  or  Farthings 
shall  not  within  one  week  thereafter  deliver  the  same  to  such  Magistrate  and  make  such  demand 
as  aforesaid,  he  she  or  they  shall  not  have  any  Remedy  by  this  Act. 

Pago.    Line. 

1  29    Strike  out   the   words   Counterfeited  English,  and  instead  of  them  insert  Counterfeits  of 

British. 

2  4    Strike  out  the  words  Counterfeited  English  and  instead  of  those  words  insert  Counterfeits 

of  British. 

8    Strike  out  English  and  instead  thereof  insert  British. 
2         9    Strike  out  the  words  in  Payment. 

1 1     Strike  out  the  word  Highest  and  insert  nearest. 
13     After  the  word  shall,  insert  if  requited  bij  either  of  the  Parties. 
Strike  out  the  last  clause  and  instead  thereof  insert 


1140  Journal  of  the  Legislative  Council  of  New  York.  [273'£  &£"; 

Be  it  further  Enacted,  that  if  any  Person  or  Persons  whatsoever  after  the  Publication  of  this 
Act  shall  for  the  space  of  ten  days  keep  in  his  her  or  their  Custody  or  Possession  any  Counterfeits 
of  British  halfpence  or  Farthings  knowing  them  to  be  such  he  she  or  they  shall  in  that  Case 
be  deemed  to  have  imported  the  same,  and  be  subject  to  the  like  forfeiture  as  is  by  this  Act 
imposed  on  any  Person  who  shall  import  such  Counterfeits  of  British  half  pence  or  Farthings. 

And  be  it  also  Enacted,  that  if  any  Magistrate  shall  receive  Information  upon  oath  that  any 
Counterfeits  of  British  halfpence  or  Farthings  were  seen  or  discovered  by  the  Person  or  Persons 
making  such  oath  in  any  place  or  places  within  twenty  four  hours  before  such  Information 
given,  it  shall  and  may  be  lawfull  in  that  case  for  the  said  Magistrate  and  he  is  hereby  enjoined 
and  required  to  issue  a  Warrant  to  cause  such  Place  or  Places  to  be  searched,  and  if  any 
Counterfeits  of  British  half  pence  or  farthings  be  found  the  Person  or  Persons  possessed  thereof 
shall  be  deemed  the  Importer  or  Importers  of  the  same  and  be  subject  to  the  like  forfeiture  as 
if  he  she  or  they  had  actually  imported  the  same  unless  such  possessor  or  possessors  thereof 
shall  prove  that  the  same  came  into  his  her  or  their  Custody  or  possession  within  ten  days 
before  such  Information." 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  into  a  Committee  on  the  Bill  Entituled,  "  An  Act  to  enable  the 
Minister,  Elders  and  Deacons  of  the  Reformed  Protestant  Dutch  Church  of  the  City  of  New 
York  to  sell  and  dispose  of  their  Lands  Tenements  and  Hereditaments  in  the  County  of 
Westchester,  commonly  called  and  known  by  the  name  of  the  Manor  of  Fordham,  and  also  lor 
granting  unto  them  some  further  Liberties  and  Priviledges  for  the  better  Management  of  their 
Affairs,  and  the  well  ordering  or  governing  of  their  said  Church  :  and  having  gone  through  the 
same 

The  Speaker  resumed  the  Chair. 

And  Mr  Chambers  Reported  that  the  Committee  had  gone  through  the  said  Bill  and  directed 
him  to  Report  the  same  with  an  amendment  which  he  read  in  his  place,  and  then  delivered  the 
same  with  the  Bill  in  at  the  Table  where  the  amendment  was  again  read  and  agreed  to,  and 
the  amendment 

Ordered  to  be  Engrossed. 

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

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

On  the  Question  being  put 

Resolved,  that  the  said  Bill  with  the  amendment  do  pass. 

Ordered,  that  Mr  Holland  do  carry  the  said  Bill  with  the  Amendment  made  thereto  by  the 
Council  to  the  General  Assembly  and  acquaint  that  House  that  the  Council  have  passed  the 
Bill  with  the  said  Amendment,  to  which  they  desire  their  concurrence. 

The  Council  adjourned  till  to  Morrow  3  o  clock  P.  Merid. 


Thursday,  the  6"'  day  of  December,  1753.     P.  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolu  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Gale  with  the  Bill  Entituled, 
"An  Act  for  granting  to  his  Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and 
Merchandizes  imported  into  this  Colony  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Ver  Plank  and  Col°  Lot  with  ye  Bill  Entituled, 
"An  Act  to  continue  An  Act  Intituled,  An  Act  to  prevent  Frauds  in  Debtors "  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  accordingly  amended. 

Then  the  said  Bill  was  amended  which  Amendm15  are  as  follow. 

To  the  Title  of  the  Bill  add  with  an  addition  thereto 

At  the  End  of  the  Bill  add  the  two  following  Clauses 


1753.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1141 

"And  be  it  further  Enacted  by  the  Authority  aforesaid,  that  in  case  any  Sherif  shall  by  virtue 
of  any  warrant  hereafter  to  be  issued  in  pursuance  of  the  said  Act  Entituled,  An  Act  to  prevent 
Frauds  in  Debtors,  seize  and  take  any  Perishable  Goods  or  Chattels  it  shall  and  may  be  lawfull 
for  the  Judge  or  Judges  who  issued  such  Warrant  at  his  discretion  to  order  the  sale  of  such 
things  perishable  And  the  monies  arising  thereby  to  be  delivered  and  paid  to  the  Trustees  to  be 
appointed  for  the  sale  of  the  absconding  Persons  effects  mentioned  in  such  Warrant  to  be  by 
them  applyed  according  to  the  directions  and  intention  of  the  said  Act." 

"And  be  it  also  Enacted  by  the  snine  Authority,  that  if  any  Sheriff  shall  by  Virtue  of  any 
Warrant  hereafter  to  be  issued  in  pursuance  to  the  said  Act  through  Ignorance  or  for  want  of 
proper  Information  seize  and  take  any  Goods  Chattells  or  effects  which  shall  or  may  be  claimed 
or  Challenged  by  any  Person  or  Persons  as  his,  her  or  their  property,  it  shall  and  may  be  lawfull 
for  such  Sherif  thereupon  to  summon  and  swear  a  Jury  to  enquire  into,  and  try  the  Right  and 
property  thereof  and  if  such  Jury  shall  upon  such  Inquest,  find  the  Right  and  property  of  such 
Goods  Chattells  or  effects  to  be  in  the  Person  or  Persons  so  claiming  the  same  or  in  any  other 
than  the  Person  or  Persons  against  whose  Goods  the  Warrant  so  issued,  such  Sherif  shall 
forthwith  after  such  Inquisition  had  by  order  of  such  Judge  or  Judges  who  issued  the  Warrant 
deliver  the  said  Goods  Chatels  or  effects  to  the  Person  or  Persons  in  whom  the  property  thereof 
shall  be  so  found  and  such  Sherif  shall  not  be  lyable  to  any  suit  or  Prosecution  for  his  having 
seized  and  taken  the  said  Goods,  Chattels  or  Credits  through  Ignorance  or  for  want  of  proper 
Information  aforesaid  :  and  the  reasonable  charges  arising  by  the  sale  of  such  perishable  Goods 
and  by  such  Inquest  as  aforesaid  shall  be  allowed  by  the  Judge  or  Judges  aforesaid  and  paid 
out  of  the  Goods,  Estate  and  effects  of  the  absconding  Person  that  shall  be  seized  and  taken  by 
virtue  of  the  said  Act." 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  into  a  Committee  on  the  Bill  Entituled,  "An  Act  for  preventing  Frauds 
by  Mortgages  which  shall  be  made  and  executed  after  the  first  day  of  June  in  the  year  one 
thousand  seven  hundred  and  fifty  four"  and 

The  Committee  having  gone  through  the  same 

The  Speaker  Resumed  the  Chair  and 

Mr  Murray  Reported  that  the  Committee  had  gone  through  the  said  Bill,  and  directed  him  to 
Report  it  with  an  Amendment,  which  he  read  in  his  place,  and  then  delivered  the  Bill  and  the 
Amendment  in  at  the  Table,  where  the  Amendment  was  again  read  and  agreed  to,  and  the 
amendment 

Ordered  to  be  Engrossed,  and  the  Bill 

Ordered  a  third  Reading  as  amended. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Gale  with  the  Bill  Entituled, 
"An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the  Government  from  the  first  day  of 
September  One  thousand  seven  hundred  and  fifty  three  until  the  first  day  of  September  One 
thousand  seven  hundred  and  fifty  four ;"  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  till  to  Morrow  3  o  clock  P:  Merid. 


Fnjdtuj,  the  1th  datj  of  December,  1 753.     P.  Merid, 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono'Ae  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  for  granting  to  his  Majesty  the  several  Duties  and 
Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned" 
be  now  read  the  second  time. 

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

Ordered,  that  the  Bill  Intituled,  "  An  Act  for  preventing  frauds  by  Mortgages  which  shall  be 
made  and  executed  after  the  first  day  of  June  One  thousand  seven  hundred  and  fifty  four"  bo 
Read  the  third  time  as  amended. 

Then  the  said  Bill  was  Read  the  third  time  as  amended,  and 

On  the  Question  being  put 


1 142  Journal  of  the  Legislative  Council  of  New  York.  [273'dh  &$"; 

Resolved,  that  the  said  Bill  with  the  Amendment  do  pass. 

Ordered,  that  Mr  Murray  do  carry  the  said  Bill  with  the  Amendment  made  thereto  by  the 
Council,  to  the  General  Assembly  and  acquaint  that  House,  that  the  Council  have  passed  the 
Bill  with  the  said  Amendm'  to  which  they  desire  their  concurrence. 

A  Message  from  the  General  Assembly  by  Cap1  Richard  and  Col°  Beekman,  with  the  Bill 
Entituled,  "  An  Act  to  enable  the  Minister,  Elders  and  Deacons  of  the  Reformed  Protestant 
Dutch  Church  of  the  City  of  New  York,  to  sell  and  dispose  of  their  Lands  Tenements  and 
Hereditaments  in  the  County  of  Westchester,  commonly  called  and  known  by  the  name  of  the 
Manor  of  Fordham,  and  also  for  granting  unto  them  some  further  Liberties  and  Priviledges  for 
the  better  management  of  their  Affairs,  and  the  well  ordering  or  Governing  their  said  Church" 
and  the  Amendment  made  thereto  by  the  Council,  acquainting  the  Council  that  that  House 
have  agreed  to  the  said  Amendment  and  desire  the  Bill  may  be  amended  accordingly. 

Ordered,  that  the  said  Bill  be  amended. 

Then  the  said  Bill  was  amended  ;  which  amendment  is  as  follows. 

Page  10  At  the  end  of  the  last  clause  in  the  Bill  add  these  words  "Except  the  aforesaid 
Cornelius  Steenwyck  and  Margarita  his  Wife,  Henricus  Selyns  and  Margarita  his  wife,  Colonel 
Nicholas  Bayard,  Captain  Isaac  Van  Vlecque,  Jacob  Boelen  Roelofsen,  and  John  Harperdinck 
and  every  of  them,  and  all  persons  claiming  by  from  or  under  them  or  any  of  them." 

The  Speaker  put  the  Question 

Whether  the  Bill  Entituled,  "  An  Act  for  the  payment  of  the  Salaries  and  Services  of  the 
Government  from  the  first  day  of  September  One  thousand  seven  hundred  and  fifty  three,  until 
the  first  day  of  September  One  thousand  seven  hundred  arid  fifty  four"  should  be  read  the 
second  time  ? 

Which  passed  in  the  Negative  unanimously  : 

And  then  the  Speaker  put  the  Question 

Whether  the  Bill  should  be  rejected  ? 

Which  passed  in  the  affirmative  and  thereupon 

Resolved  unanimously  that  the  said  Bill  be  Rejected. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Ver  Plank  with  the  Bill 
Intituled,  "An  Act  for  preventing  frauds  by  Mortgages  which  shall  be  made  after  the  first  day 
of  June  in  the  year  one  thousand  seven  hundred  and  fifty  four "  and  the  amendment  made 
thereto  by  the  Council,  acquainting  the  Council,  that  that  House  have  agreed  to  the  said 
amendment,  and  desire  the  Bill  may  be  amended  accordingly. 

Ordered,  that  the  said  Bill  be  amended. 

Then  the  said  Bill  was  amended,  which  Amendment  is  as  follows 

Page  2  Line  20  21  Strike  out  the  Words  the  original  Mortgages  with  proper  llcccits  indorsed 
thtreon  and  instead  of  those  add  the  following  words  "a  Certificate  to  the  respective  Clerks  of 
the  respective  Cities  or  Counties  signed,  by  the  Mortgagee  or  Mortgagees  in  such  Mortgage,  his 
her  or  their  Executors  Administrators  or  Assigns,  and  acknowledged  by  the  party  or  Parties 
signing  the  same,  or  proved  by  the  oath  of  one  or  more  of  the  Witnesses  thereto,  either  before 
one  of  his  Majesty's  Council  for  this  Colony,  or  one  of  the  Justices  of  the  Supreme  Court,  or 
one  of  the  Judges  of  the  Court  of  Common  Pleas  of  the  respective  Cities  and  Counties  where 
the  Lands  so  Mortgaged  lie." 

Then  the  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Saturday  the  8'*  day  of  December,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  — The  Honolli  JAMES  ALEXANDER  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
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  for  granting  to  his 
Majesty  the  several  duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned:"  and  the  Committee  having  gone  hrough  the  same 

The  Speaker  resumed  the  Chair, 

And  Mr  Chambers  Reported  that  the  Committee  had  gone  thro'  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. 


1753.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1143 

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. 

Mr  Kennedy  dissenting  to  the  passing  the  said  Bill,  his  dissent  is  entered  accordingly. 
Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

Then  the  Council  adjourned  till  Monday  3  o  clock  P.  Merid. 


Monday,  the  10'*  day  of  December,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Honour  the  Lieutenant 
Governor  to  the  General  Assembly,  which  was  read  and 
Ordered  to  be  entered,  &  is  as  follows 

Gentlemen, 

You  will  perceive  by  the  Copy  of  a  Letter  from  the  Lords  Commissioners  for  Trade  and 
Plantations,  herewith  laid  before  you,  the  sentiments  of  their  Lordships  on  the  state  of  Indian 
Affairs,  and  that  from  the  present  Disposition  of  the  Indians,  their  Lordships  think  a  Speedy 
Interview  with  the  Indians  necessary;  to  which  it  is  intended  the  other  Governments  should 
send  Commissioners:  I  must  therefore  recommend  it  to  you,  to  make  proper  provision  for  Presents 
to  be  distributed  to  the  Indians  on  this  occasion,  and  for  the  expence  of  my  Voyage;  that  I 
may  then  appoint  a  convenient  time  and  place  for  the  interview,  and  notify  the  same  to  his 
Majesty's  other  Governments. 

JAMES  DE  LANCEY. 

City  of  New  York 
10th  December  1753. 

The  Council  adjourned  till  to  Morrow  3  o  clock.  P.  Merid. 


Tuesday,  the  11'*  day  of  December,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Cap'  Richard  and  Mr  Miller  desiring  the  Council 
to  acquaint  that  House,  what  the  Council  have  done  with  the  Bill  Intituled,  "An  Act  for  the 
Payment  of  the  Salaries  and  services  of  the  Government  from  the  first  day  of  September  one 
thousand  seven  hundred  and  fifty  three,  until  the  first  day  of  September  one  thousand  seven 
hundred  and  fifty  four." 

In  answer  to  the  said  Message 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  rejected 
the  said  Bill. 

Mr  Murray  took  his  seat. 


1144  Journal  of  the  Legislative  Council  of  New  York. 

A  Message  from  the  General  Assembly  by  Col"  Lott  and  Cap'  Richard  with  the  Bill 
Intituled,  "An  Act  to  revive  An  Act  Intituled,  An  Act  to  regulate  the  Militia  of  this  Colony:" 
acquainting  the  Council  that  the  General  Assembly  have  passed  the  said  Bill  without  any 
amendment. 

Then  the  Council  Adjourned  till  to  Morrow  Morning  11  o  clock. 


Wednesday,  the  12'*  day  of  December,  1753. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Hotw''le  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
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  regulate  the 
Collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony"  And  the  Committee 
having  gone  through  the  same 

The  Speaker  resumed  the  Chair 

And  Mr  Chambers  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. 

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. 

Mr  Kennedy  dissenting  to  the  passing  the  said  Bill,  his  dissent  is  entered  accordingly. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly,  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

Then  the  Council  adjourned  till  3  o  clock  P  Merid. 


Wednesday,  the  12'*  day  of  December,  1753. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The,  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber,  sent  a  Message  to 
the  General  Assembly  by  the  Deputy  Secretary,  requiring  the  immediate  attendance  of  that 
House. 
t    And  the  General  Assembly  attending  accordingly 

His  Honour  in  the  presence  of  the  Council  and  General  Assembly,  gave  his  Assent  to  fifteen 
Bills  passed  by  the  Council  and  Assembly  this  Session,  the  Titles  whereof  are  as  follow: 

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  raising  the  sum  of  one  thousand  one  hundred  and  twenty  five  pounds  by  a  Publick 
Lottery  for  this  Colony  for  a  further  Provision  towards  founding  a  College  within  the  same. 

An  Act  to  continue  An  Act  Entituled,  An  Act  to  prevent  frauds  in  Debtors  with  an  Addition 
thereto. 

An  Act  to  raise  a  sum  not  exceeding  fifty  pounds  for  finishings  of  the  Court  House  and  Goal 
in  Dutches  County,  and  defraying  such  Charges  as  are  already  laid  out  and  expended  towards 
building  the  same. 


1753.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1145 

An  Act  to  enable  the  Mayor,  Deputy  Mayor,  Recorder  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. 

An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Townships  of  Rochester  and 
Marbletown  to  chuse  and  elect  at  their  annual  Town  Meetings,  two  Constables  for  each  Town." 

An  Act  to  prevent  the  importing  or  passing  Counterfeits  of  British  half  pence  or  farthings. 

An  Act  to  regulate  the  Collecting  the  duty  of  Excise  on  Strong  Liquors  retailed  in  this 
Colony. 

An  Act  for  preventing  frauds  by  Mortgages  which  shall  be  made  and  executed  after  the  first 
day  of  June  in  the  year  one  thousand  seven  hundred  and  fifty  four. 

An  Act  further  to  impower  the  Justices  of  the  Peace  in  the  County  of  Albany  living  and 
dwelling  in  the  Town  of  Schenectady,  in  the  same  County,  to  drain  the  Water  out  of  the  streets 
thereof. 

An  Act  to  revive  An  Act  Entituled,  An  Act  to  regulate  the  Militia  of  this  Colony. 

An  Act  to  enable  the  Minister  Elders  and  Deacons  of  the  Reformed  Protestant  Dutch  Church 
of  the  City  of  New  York,  to  sell  and  dispose  of  their  Lands,  Tenements  and  Hereditaments  in 
the  County  of  Westchester,  commonly  called  and  known  by  the  name  of  the  Manor  Fordham, 
and  also  for  granting  unto  them  some  further  Liberties  and  Priviledges  for  the  better  Management 
of  their  Affairs,  and  the  well  ordering  or  Governing  of  their  said  Church. 

An  Act  to  revive  and  further  contine  An  Act  Eutituled,  An  Act  for  the  destroying  of  Wolves 
and  Panthers  in  the  Counties  of  Ulster,  Dutches  and  Orange. 

An  Act  for  the  more  equal  Taxation  of  Estates  in  Queens  County,     And 

An  Act  for  granting  to  his  Majesty  the  several  duties  and  Impositions  on  Goods  Wares  and 
Merchandizes  imported  into  this  Colony  therein  mentioned. 

Then  the  said  fifteen  Acts  were  published  in  the  usual  manner:  and  his  Honour  the  Governor, 
the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber,  his  Honour  was 
pleased  to  express  himself  as  follows. 

Gentlemen  of  the  Council,  and  General  Assembly, 

Having  now  given  my  assent  to  such  Bills  as  have  been  laid  before  me,  I  shall  put  a  Period 
to  this  Session  ;  the  season  of  the  year  being  so  far  advanced  that  we  must  be  in  daily  expectation 
of  very  severe  weather. 

Gentlemen  of  the  General  Assembly, 

You  must  be  sensible,  that  you  have  not  acted  in  compliance  with  his  Majesty's  Royal 
Instructions  :  you  will  have  an  opportunity  during  this  Recess  to  consult  your  Constituents,  and 
I  hope  at  your  next  meeting,  you  will  bring  with  you  such  Dispositions,  as  will  effectually 
promote  the  publick  service,  and  that  you  will  then  proceed  with  a  due  regard  to  what  his 
Majesty  justly  expects  from  you,  and  thereby  recommend  yourselves  to  his  Royal  grace  and 
favour. 

JAMES  DE  LANCEY. 
City  of  New  York, 

12th  of  December  17-53. 

And  then  his  Honour  was  pleased  to  say  that  he  thought  it  for  his  Majesty's  service  that  the 
General  Assembly  of  this  Province  be  Prorogued  to  the  first  Tuesday  in  March  next,  and  that 
the  said  General  Assembly  was  accordingly  Prorogued  to  the  said  first,  Tuesday  in  March  next. 


144 


1146  Journal  of  the  Legislative  Council  of  New  York,  [2MhsS™' 

[  N.  T.  Col.  MSS.,  LXXVIII.,  79.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in  Chief 
(L.  s.)    in  and  over  the  Province  of  New  York  and  Territories  thereon  depending  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  fifth 
day  of  March  Instant:  I  Have  thought  fit  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  hereby  further  prorogue  the  said  General  Assembly  to  Tuesday  the 
Twenty  sixth  day  of  March  Instant.  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  first  day  of  March  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  fifty  four  and  of  his  Majesty's  Reign  the  twenty  sn-cnth. 

JAMES  DE  LANCEY. 
By  his  Honor's  Command 

Gw  BANTAR  D  Secry 

God  save  the  KING. 


[N.  T.  Col.  MSS.  LXXVIII.,  80.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  his  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and  over 
(L.  s.)    the  Province  of  New  York  and  the  Territories  depending  thereon  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  twenty 
sixth  day  of  March  Instant:  I  Have  thought  fit  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  hereby  further  prorogue  the  said  General  Assembly  to  Tuesday  the 
ninth  day  of  April  next  ensuing.  Of  which  all  his  Majestys  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  twcntij  third  day  of  March  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  fifty  four,  and  of  his  Majesty's  Reign  the  twenty  seventh. 

JAMES  DE  LANCEY. 
By  his  Honor's  Command 

Gw  BANYAR  D  Secry 

God  save  the  KING. 


1754.]  The  Hon.  James  De  Lancey,  Esq :   Lieut.  Governor.  1147 

TWENTY-SEVENTH  ASSEMBLY    FOURTH  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  Tuesday  the  ninth  day  of 
April,  one  thousand  seven  hundred  and  fifty  four,  in  the  twenty  seventh  year  of  the 
Reign  of  King  George  the  Second.  P'  Meridiem. 

The  General  Assembly  of  this  Province  having  been  prorogued  on  the  12th  day  of  December 
last  to  the  first  Tuesday  in  March  then  next;  and  on  the  first  of  March  by  Proclamation,  to 
the  26th  of  the  same  Month,  and  afterwards  on  the  3d  (sic)  day  of  March,  by  Proclamation  to 
this  day 

The  Council  met  accordingly. 

PRESENT  —  The  Honom  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Honourable  James  De  Lancey  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  of  this  Province,  being  come  to  the  Council  Chamber  sent  a  Message  by  the  Deputy 
Secretary  to  the  General  Assembly  requiring  their  immediate  attendance  :  and 

The  House  attending  accordingly  with  their  Speaker, 

His  Honour  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  then  his  Honour  left  the  Council  Chamber. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Honour's  Speech  be  read,  and  being  read 

Ordered,  that  the  same  be  entered  in  the  Minutes,     Which  is  as  follows. 

Gentlemen  of  the  Council,  and  General  Assembly, 

The  Advices  I  have  received  during  your  Recess,  are  of  so  interesting  a  Concern  to  his 
Majesty,  and  his  American  Subjects,  as  laid  me  under  a  Necessity  of  calling  you  together  thus 
early  for  your  Advice  and  Assistance. 

The  Progress  the  French  have  already  made  in  taking  Possession  of  his  Majesty's  Lands,  and 
building  Forts  upon  a  most  important  Pass,  between  the  Lake  Erie,  and  the  Eiver  Ohio,  will 
appear  by  the  Papers  I  shall  order  to  be  laid  before  you.  'Tis  evident  they  hope  by  these 
Advances,  to  surround  and  confine  his  Majesty's  Colonies  as  much  as  possible  ;  and  as  the  Fur 
Trade  depends  on  the  Supplies  of  Arms  and  Ammunition,  which  the  Indians  now  receive  in 
common  from  both  Nations,  the  French  think,  by  cutting  off  all  Intercourse  between  the  far 
Nations  of  Indians  and  us,  they  may  in  Time  secure  the  sole  Benefit  of  that  Trade  to  them 
selves,  and  attach  them  so  firmly  to  their  Interest,  as  to  be  ready  at  all  Times  to  join  in  any 
Attempts  they  may  make  on  his  Majesty's  Colonies. 

The  Government  of  Virginia,  sensible  of  the  dangerous  Tendency  of  these  Proceedings,  is 
determined  if  possible,  to  put  a  Stop  to  them  ;  and  for  this  Purpose,  as  they  look  upon  it  to 
be  the  common  Cause  of  all  the  Provinces,  have  requested  their  Aid  and  Assistance.  Your 
Loyalty  and  Affection  for  his  Majesty's  Person  and  Government,  with  the  late  Resolution  on 
the  Right  Honourable  the  Earl  of  Holdernesse's  Letter,  which  you  will  see  his  Majesty  has 
been  graciously  pleased  to  approve  of,  give  me  well-grounded  Hopes  that  you  will  exert  your 
greatest  Efforts,  to  vindicate  the  Honour  of  his  Majesty's  Crown,  and  justify  his  undoubted 
Rights,  against  the  Invaders  of  his  Property. 

Gentlemen  of  the  General  Assembly, 

In  obedience  to  his  Majesty's  Commands,  I  must  desire  you  will  grant  such  Supplies  as  the 
Exigency  of  these  Affairs  may  require,  by  enabling  me  to  raise  and  send  such  Force  to  the 
Assistance  of  our  Neighbours,  as  may  leave  them  no  Room  to  doubt  of  your  Readiness  to  take 
Part  in  every  Expence  necessary  for'the  publick  Utility. 

I  am  commanded  by  his  Majesty,  forthwith  to  send  two  compleat  Companies  of  the  Troops 
posted  here,  into  the  Province  of  Virginia,  and  shall  do  it  with  all  possible  Dispatch,  after  you 
have  provided  for  the  Expence  of  their  Transportation,  and  subsisting  them  with  Provisions,  for 
the  Time  they  may  be  employed  on  the  intended  Service ;  which  I  earnestly  recommend  to  you 
to  do  without  Delay. 


1148  Journal  of  the  Legislative  Council  of  New  York. 


The  Six  Nations  of  Indians  arc  justly  alarmed  at  the  Encroachments  of  the  French  ;  and 
unless  the  Colonies  unite  in  Measures  for  building  Forts  in  their  Country,  for  their  Security, 
and  the  Safety  of  the  Women  and  Children  when  the  Men  are  abroad,  and  for  sending  Smiths 
and  other  proper  Persons,  to  reside  among  them,  I  am  apprehensive  we  shall  lose  the  little 
Influence  we  still  have  over  them.  This  is  a  Matter  that  well  deserves  your  serious  Attention, 
as  upon  it  depends  the  greatest  Security  we  have  for  the  Fidelity  of  those  People  ;  and  although 
it  be  reasonable,  that  the  Expence  be  borne  by  the  Colonies  in  general,  yet  as  those  Nations 
more  immediately  depend  upon  the  Province  of  New  York,  any  Scheme  for  their  Safety  and 
Protection,  will  naturally  be  expected  to  take  its  Eise  here:  'Twill  therefore  be  shewing  your 
Regard  for  the  Welfare  of  this,  and  all  the  Colonies,  by  declaring  your  Willingness  in  a  publick 
Resolution,  to  bear  a  Proportion  of  the  charge  of  erecting  and  maintaining  such  Forts.  I  have 
already  the  Sentiments  of  several  of  his  Majesty's  Governors  on  this  Point,  and  am  led,  from 
the  common  Danger,  to  hope  for  the  Assistance  of  several  of  the  neighboring  Colonies,  in  a 
Measure  of  so  general  Concern. 

And  while  you  have  this  Matter  under  Consideration,  I  must  recommend  to  you  that  of  the 
open  and  defenceless  Condition  of  our  Northern  Frontier;  and  that  you  will  enable  me  to  build 
some  Fort  or  Forts,  in  a  proper  Situation,  till  I  have  used  my  Endeavours  to  bring  his  Majesty's 
other  Governments  concerned  in  the  Defence  of  that  Part  of  the  Country,  to  contribute  to  the 
Charge  of  erecting  as  many  Forts  on  this  Quarter,  as  may  be  necessary  to  guard  them,  and  us, 
from  the  Incursions  of  the  Enemy  in  Time  of  War. 

You  are  well  convinced  of  the  Importance  of  the  Trading  House  at  Oswego,  and  therefore  I 
need  use  no  Arguments  to  prevail  with  you  to  grant  a  sufficient  Sum  to  put  that  Fortress  into 
thorough  Repair:  It  appears  the  more  necessary  at  this  time,  as  the  French  in  their  way  to  the 
Ohio,  pass  that  Post  ;  and  shou!d  they  expect  it  to  be  unprovided  for  a  Defence,  we  have  no 
Reason,  from  their  late  Proceedings,  to  doubt  they  would  make  an  Attempt  upon  it:  I  therefore 
think  it  highly  expedient  to  order  a  double  Garison  thither  of  his  Majesty's  Troops,  and  wait 
only  for  your  making  suitable  Provision  for  it. 

Copsey  Battery  in  this  City,  you  are  sensible,  is  in  a  ruinous  Condition  ;  and  I  am  persuaded 
you  will  think  it  absolutely  necessary  to  put  it  into  good  Repair. 

I  have  appointed  the  fourteenth  of  June  next,  for  the  Interview  with  the  six  Nations,  at 
Albany;  and  as  the  time  now  draws  near,  you  will  provide  for  Presents  to  be  distributed  among 
them  at  this  Meeting,  and  for  the  Expence  of  my  Voyage  thither. 

Gentlemen  of  the  Council  and  General  Assembly, 

The  Matters  I  have  recommended  to  your  Consideration,  are  of  so  great  importance,  as  do 
not  permit  me  to  divert  your  Attention  by  laying  any  Thing  else  before  you  at  present:  I  shall 
therefore  only  recommend,  that  you  will  give  them  that  due  Weight  and  Dispatch  they  seem  to 
demand  of  you,  and  I  make  no  Doubt  but  the  Result  of  your  Deliberations  will  reflect  Honour 
on  yourselves,  and  be  a  Beneflt  to  your  Country.  You  may  be  assured  of  my  hearty  and  chearful 
Concurrence  in  every  Measure  calculated  for  his  Majesty's  Service,  and  the  Happiness  of  the 
People  of  this  Province. 

JAMES  DELANCEY. 

Fort  George  New  York 
9lh  April   1754. 

Ordered,  that  his  Honour's  Speech  be  forthwith  printed. 

Then  Mr  Chambers  moved  that  an  humble  Address  be  presented  to  his  Honour  in  Answer  to 
his  Speech. 

Which  Motion  being  seconded  by  Mr  Murray  was  agreed  to  by  the  Council. 

Resolved  that  an  Address  be  presented  by  the  Council  to  his  Honour  the  Lieutenant  Governor 
accordingly. 

Ordered,  that  Mr  Murray,  Mr  Chambers  and  Mr  Smith  be  a  Committee  to  prepare  a  Draft  of 
the  snid  Address,  and  that  they  prepare  and  bring  in  the  same  at  the  next  meeting  of  the 
Council. 

The  Deputy  Secretary  laid  before  the  Board  from  his  Honour  the  Governor,  sundry  Letters 
from  the  Governor  of  Virginia,  advising  the  Steps  that  Government  are  taking  to  oppose  the 
Invasions  of  the  French  on  the  Ohio,  and  requesting  the  aid  and  assistance  of  this  Government 
therein.  Also  a  Letter  from  Governor  Shirley  and  another  from  Governor  Hamilton  of  the  1  Slh 
ult°  and  several  papers  containing  Intelligence  of  the  Proceedings  of  the  French  on  the  Ohio. 

Then  the  Council  Adjourned  til  Thursday  next  at  11  o  clock  in  the  Morning. 


1754.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1149 

Thursday,  the  IT*  April,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  from  the  Committee  appointed  to  prepare  the  Draft  of  an  Address  to  his  Honour 
the  Lieutenant  Governor,  read  and  presented  the  same  at  the  Board,  where  the  same  was  again 
read,  and  being  agreed  to  by  the  Council,  was 

Ordered  to  be  Engrossed. 

The  Engrossed  Address  was  read  and  approved  of,  and  the  Speaker  ordered  to  sign  the  same, 
who  accordingly  signed  the  same. 

Ordered,  that  Mr  Kennedy  and  Mr  Holland  do  wait  on  his  Honour,  and  desire  to  know  when 
he  will  be  pleased  to  be  attended  with  the  Council's  Address. 

Who  being  returned  Reported  that  they  had  delivered  the  same  Message  to  his  Honour,  and 
that  he  had  been  pleased  to  appoint  immediately. 

The  Speaker  then  left  the  Chair  and  with  the  Council  went  to  the  Fort  to  present  the  Councils 
Address  to  his  Honour,  and  being  returned 

The  Speaker  resumed  the  Chair  and  Reported  that  having  attended  his  Honour  and  presented 
to  him  the  Councils  address,  his  Honour  had  been  pleased  to  return  a  favourable  Answer  thereto, 
which  being  read 

Ordered  that  the  Address  and  Answer  be  entered  in  the  Minutes  Which  are  as  follow. 

To  the  Honourable  JAMES  DE  LANCEY  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  in  and  over  the  Province  of  New  York,  and  the  Territories  depending  thereon 
in  America 

The  Humble  ADDRESS  of  his  Majesty's  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour, 

We  his  Majesty's  most  dutifull  and  Loyal  Subjects,  the  Council  of  the  Province  of  New  York 
return  your  Honour  our  hearty  thanks  for  your  Speech  at  the  opening  of  the  Session. 

We  are  truly  sensible  of  the  great  importance  of  the  several  matters  recommended  to  us, 
and  are  disposed  heartily  to  join  in  concerting  the  most  proper  and  prudent  measures  to  be  taken 
thereupon.  And  as  it  is  our  Interest,  as  well  as  our  Duty,  we  shall  use  our  utmost  endeavours 
to  enable  your  Honour  to  put  in  Execution  his  Majesty's  Commands  relating  thereto;  and  also 
to  pursue  and  carry  on  your  well  grounded  scheme  and  good  intentions,  for  securing  the  fidelity 
of  the  six  Nations  of  Indians,  and  for  the  protection  and  safety  of  our  Frontiers,  and  those 
of  the  Neighbouring  Colonies. 

The  pains  and  trouble  your  Honour  has  already  taken,  and  we  are  confident  will  take  about 
these  affairs,  must  reflect  Honour  on  your  Administration  :  And  as  we  have  the  strongest 
assurance  of  your  hearty  and  chearfull  disposition,  to  concur  in  every  measure  calculated  for 
his  Majesty's  service  and  the  happiness  of  the  people  of  this  province,  so  we  beg  leave  to  assure 
your  Honour,  we  shall  do  every  thing  in  our  power  to  assist  therein  and  make  your  Government 
easy. 

By  order  of  the  Council 

JAMES  ALEXANDER,  Speaker. 
Council  Chamber  City  of  New  York 
lltb  April,  1754. 

THE  GOVERNORS  Answer. 
Gentlemen, 

I  thank  you  for  this  Address,  I  have  no  other  views  than  his  Majesty's  service,  and  the 
happiness  of  the  people  under  my  Government.  I  am  glad  any  steps  I  have  taken  meet  with 
your  approbation,  and  shall  always  be  obliged  to  you,  for  your  advice  and  assistance. 

JAMES  DE  LANCEY. 
Fort  Georgo  New  York 
11th  April  1754. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

Then  the  Council  adjourned  to  Tuesday  the  23d  day  of  April  Instant  at  11  o  clock. 


1150  Journal  of  the  Legislative  Council  of  New  York.  [2«h  se^Sl' 

Tuesday,  (he  2Sd  day  of  April,  1754. 
The  Council  met  according  to  adjournment. 

^  PRESENT  —  The  Honom  JAMES  ALEXANDER,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Cap1  Richard  and  Mr  Miller  with  the  Bill  Entituled, 
"  An  Act  to  continue  An  Act  Entituled,  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  thereto. 

A  Message  from  the  General  Assembly  by  Captain  Livingston  and  Captain  Winne  with  the 
Bill  Entituled,  "  An  Act  to  apply  several  sums  of  money,  for  the  use  and  security  of  this 
Colony  ;"  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Captain  Winne  with  the  Bill 
Entituled  "  An  Act  to  revive  An  Act  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. 

Ordered,  that  the  said  Bills  be  read. 

Then  the  said  Bill  were  read  the  first  time  and 

Ordered  a  second  reading. 

Then  the  Council  adjourned  till  to  Morrow  Afternoon  3  o  clock. 


Wednesday,  the  24'A  day  of  April,  1754.     P'  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono1'"  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Walton  with  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  one  thousand  one  hundred  and  twenty  five  pounds 
by  a  publick  Lottery  for  this  Colony,  for  a  further  provision  towards  founding  a  College  within 
the  same  "  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

Ordered,  that  the  Bill  Entitled,  ''An  Act  to  continue  An  Act  Entitled,  An  Act  to  establish 
the  Rates  to  be  taken  for  Wharfage  of  Ships  and  other  Vessels  using  the  three  Wharfs  therein 
mentioned  " 

The  Bill  Entitled,  "An  Act  to  apply  several  sums  of  money  for  the  use  and  security  of  this 
Colony  "  and 

The  Bill  Entitled,  "  An  Act  to  revive  An  Act  intituled  An  Act  to  prevent  the  breaking  or 
otherwise  injuring  Glass  Lamps  in  the  City  of  New  York"  be  read  the  second  time. 

Then  the  said  three  Bills  were  read  the  second  time  and 

Ord<red  to  be  committed  to  the  Gentlemen  of  the  Council  or  any  five  of  them. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council,  from  his  Honour  the  Lieutenant 
Governor,  an  Extract  of  a  Letter  from  Lieutenant  Holland  at  Osvvego  to  his  Honour,  containing 
Intelligence  of  the  Number  of  Forces  the  French  intend  to  send  towards  the  Ohio  this  year, 
which  Letter  was  read. 

Then  the  Council  adjourned  till  to  Morrow  3  o  clock  P'  Merid. 


1754.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1151 

Thursday,  the  25"'  day  of  April,  1754.     P  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqri. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  into  a  Committee  on  the  Bill  Entituled,  "An  Act  to  continue  An  Act 
Entitled,  An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage  of  Ships  and  other  Vessels 
using  the  three  Wharfs  therein  mentioned  :  and 

The  Bill  Entituled,  "An  Act  to  Revive  An  Act  Entitled,  An  Act  to  prevent  the  breaking  or 
otherwise  injuring  Glass  Lamps  in  the  City  of  New  York  :  "  and 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair. 

Then  Mr  Holland  Chairman  of  the  said  Committee  Reported  that  the  Committee  had  gone 
through  the  said  Bills,  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  two  Bills 

Ordered  a  third  Heading. 

Then  the  said  two  Bills  were  Read  the  third  time  and 

On  the  Question  being  put  severally, 

Resolved  that  the  said  two  Bills  do  pass. 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

Ordered,  that  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  one  thousand  one  hundred 
and  twenty  five  pounds  by  a  publick  Lottery  for  this  Colony,  for  a  further  provision  towards 
founding  a  College  within  the  same  "  be  Read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

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

The  Speaker  left  the  Chair  and 

The  Council  Resolved  into  a  Committee  on  the  said  Bill,  and  having  gone  through  the  same 

The  Speaker  resumed  the  Chair. 

Then  Mr  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  Council  adjourned  till  to  Morrow  3  o  clock  P1  Merid. 


Fnjday,  the  26"  day  of  April,  1754.     P'  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqrl 

The  Speaker  assumed  the  Chair. 

Ordered,  that  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  one  thousand 
one  hundred  and  twenty  five  pounds  by  a  publick  Lottery  for  this  Colony  for  a  further  provision 
towards  founding  a  College  within  the  same,"  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resohed,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  Amendment. 

Mr  Kennedy  took  his  seat. 

Then  the  Council  adjourned  till  to  morrow  Morning  11  o  clock 


1152  Journal  of  the  Legislative  Council  of  New  York. 

Saturday,  the  27'A  day  of  April,  1754. 

The  Council  met  according  to  adjournment  and 

Adjourned  till  Tuesday  the  30th  day  of  April  1754  P«  Merid. 


Tuesday,  the  30'A  day  of  April,  1754.     F  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobl6  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqr>. 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  from  the  Committee  to  whom  was  referred  the  Bill  Entituled,  "An  Act  to  apply 
several  sums  of  money  for  the  use  and  security  of  this  Colony"  Reported  that  it  appeared  by 
the  Bill  several  sums  of  money  are  intended  to  be  paid  on  Receits,  and  not  by  Warrant,  as 
directed  in  his  Majesty's  Commission  and  Instructions,  which  Commission  is  of  Record,  and  the 
Instruction  relative  to  this  point,  entered  in  the  Minutes  of  both  Houses.  And  that  the  services 
provided  for  in  the  Bill  are  in  the  opinion  of  the  Committee  highly  necessary  for  his  Majesty's 
service,  and  the  security  of  the  province,  and  most  of  them  proper  to  be  carried  into  execution 
without  delay,  and  therefore  that  the  Committee  submitted  the  Bill  to  the  consideration  of  the 
Council. 

Resolved,  that  the  method  of  issuing  Publick  money  on  Receits,  is  contrary  to  that  directed 
by  his  Majesty's  Commission  and  Instructions,  which  directs  all  publick  money  to  be  issued  by 
Warrant  from  the  Governor,  by  and  with  the  advice  and  consent  of  his  Majesty's  Council,  and 
that  a  friendly  conference  be  desired  with  the  General  Assembly  thereupon. 

Ordered,  that  the  Honoble  John  Chambers  Esqr  acquaint  the  General  Assembly,  that  it  appears 
by  the  Bill  brought  from  that  House,  Entituled,  "  An  Act  to  apply  several  sums  of  money  for 
the  use  and  security  of  this  Colony  "  that  several  sums  of  money  are  intended  to  be  issued  on 
Receits  of  the  persons  therein  mentioned,  and  not  by  Warrant  from  the  Governor  by  and  with 
the  advice  and  consent  of  his  Majesty's  Council,  as  directed  in  his  Majesty's  Commission  and 
Instructions,  which  Commission  is  of  Record,  and  the  Instruction  relative  to  this  point,  entered 
in  the  minutes  of  both  Houses  and  therefore  that  the  Council  desires  a  friendly  Conference 
with  the  General  Assembly  thereupon. 

A  Message  from  the  General  Assembly  by  Mr  Richard  and  Mr  Walton  in  answer  to  the 
Message  of  the  Council  abovementioned,  acquainting  the  Council  that  the  said  Bill  being  a 
money  Bill,  that  House  cannot  consent  to  any  conference  with  the  Council  on  the  subject 
matter  thereof. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Wednesday,  (he  Ist  day  of  May,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Resolved,  that  as  the  Council  cannot,  consistent  with  his  Majesty's  Commission  and  Instructions, 
pass  the  Bill  Entituled,  "An  Act  to  apply  several  sums  of  money  for  the  use  and  security  of 
this  Colony  : "  and  as  the  Assembly  has  refused  the  Conference  desired  by  the  Council  thereupon, 
an  humble  Representation  on  this  matter  be  made  by  the  Council  to  his  Honour  the  Lieutenant 
Governor,  to  be  presented  to  his  Honour  with  the  Bill  and  copies  of  the  proceedings  thereupon. 


1754.J  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1153 

Ordered,  that  W  Holland  Mr  Chambers  and  Mr  Smith  be  a  Committee  to  prepare  a  Draft  of 
the  said  Representation. 

Mr  Chambers  from  the  said  Committee  Reported,  that  they  had  prepared  a  Draft  of  the  said 
Representation,  which  he  read  in  his  place,  and  then  delivered  in  at  the  Table,  where  the  same 
was  again  read  and  agreed  to. 

Ordered,  that  the  said  Representation  be  Engrossed. 

The  Engrossed  Representation  to  his  Honor  the  Lieutenant  Governor  was  read  and  approved 
of  and 

Ordered,  that  the  Speaker  sign  the  same. 

Then  the  Speaker  signed  the  same  accordingly. 

Ordered,  that  Mr  Holland  and  Mr  Chambers  wait  on  his  Honour  the  Lieutenant  Governor, 
and  desire  to  know  when  lie  will  be  pleased  to  be  attended  with  the  said  Representation. 

The  said  Gentlemen  having  delivered  the  Message  to  his  Honour,  Reported  that  he  had  been 
pleased  to  say  he  would  come  to  the  Council  Chamber  in  half  an  hour  and  receive  it  there. 

His  Honour  being  come  to  the  Council  Chamber  The  Speaker  left  the  Chair  and  read  and 
then  presented  to  hi*  Honour  the  Representation  of  the  Council  in  the  words  following  viz* 

To  the  Honourable  JAMES  Da  LVNCKY  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  in  and  over  the  Province  of  New  York  and  the  Territories  thereon  depending  in 
America. 

The  humble  REPRESENTATION  of  the  C-mncil  of  the  Province  of  New  York 

May  it  please  your  Honour 

We  beg  leave  to  lav  before  your  Honour  the  Bill  Entituled,  "An  Act  to  apply  several  sums  of 
money  for  the  use  and  security  of  this  Colony"  with  copies  of  the  proceedings  thereon:  By 
which  your  Honour  will  perceive,  that  sundry  Sums  of  Money  are  appointed  to  be  paid  by  the 
said  Bill  to  particular  persons,  upon  t!<eir  Receits,  which  is  Repugnant  to  his  Majesty's 
Commission  on  Record,  and  to  the  thirty  ninth  Instruction  to  the  late  Sir  Danvers  Osborn 
entered  in  the  Minutes  of  this  House,  and  of  the  House  of  Assemb'y. 

We  were  not  willing  to  amend  the  said  Bill,  to  make  it  agreeable  to  the  Commission  and 
Instructions,  least  it  should  at  this  critical  time,  raise  a  contest  between  the  two  Houses, 
concerning  our  Right  to  amend  Money  Bills,  (a  point  often  already  determined  by  the  King  and 
Council  and  Lords  of  Trade  in  favour  of  Councils)  and  therefore  chose  to  desire  a  friendly 
conference  with  the  General  Assembly  on  this  Matter;  But  your  Honour  will  find  that  they 
have  refused  to  confer,  alledging  for  Reason  that  it  is  a  Money  Bill,  which  we  humbly  conceive  it 
is  not,  as  no  money  is  thereby  given  to  his  Majesty,  but  only  monies  applyed,  which  had  been 
before  granted.  And  were  it  even  a  Money  Bill,  we  can  produce  many  instances  of  Conferences 
desired  by  the  House  of  Lords,  on  Money  Bills  before  them,  and  those  conferences  agreed  to  by 
the  House  of  Commons,  and  remember  not  of  any  instance  before  this,  in  this  Province  of  a 
refusal  to  confer  on  a  Money  Bill. 

As  we  declined  amending  this  Bill,  so  for  the  like  Reason  we  decline  entering  into  any  contest 
with  the  Assembly  at  this  extraordinary  Juncture,  on  this  their  refusal  to  confer.  And  tho' we 
cannot  pass  the  Bill  as  it  stands,  so  directly  repugnant  to  his  Majesty's  Commission  and 
Instructions,  yet  we  think  it  improper  to  reject  it,  least  it  should  be  from  thence  suggested  that 
we  did  not  think  the  services  therein  proposed  to  be  provided  for,  to  be  necessary,  which  we  are  of 
opinion  are  highly  so.  And  as  we  hope  th^  House  of  Assembly,  when  made  sensible  that  the 
passing  a  Bill  repugnant  to  his  Majesty's  Commission  and  Instructions,  is  but  another  way  of 
refusing  to  pass  any  Bill  for  that  purpose,  rnay  as  yet  (if  your  Honour  will  give  them  an 
opportunity)  pass  a  Bill  consistent  therewith,  We  therefore  humbly  submit  it  to  your  Honour, 
whether  it  may  not  be  proper  to  prorogue  the  General  Assembly  for  a  short  time,  for  the  reason 
and  purpose  aforesaid. 

By  order  of  the  Council 

JA:  ALEXANDER  Speaker 
Council  Chamber.  New  York  ) 
1"  May  1754  $ 

Whereupon  his  Honour  was  pleased  to  say 

Gentlemen, 

I  am  in  doubt  whether  it  will  be  proper  for  me  to  prorogue  the  General  Assembly  while  the 
Bill  mentioned  in  your  Representation  is  unrejected  by  you. 

His  Majesty's  service  and  the  safety  of  the  Province  under  my  Government,  require  that  the 
services  provided  for  in  the  Bill,  should  be  immediately  done,  and  will  not  admit  of  delay.  And 
as  I  am  riot  fully  assured  that  the  Assembly  after  a  prorogation  will  make  the  like  provision  as 
in  this  Bill,  I  do  not  think  my  solf  Justifyabie  in  proroguing  them. 

145 


1154  Journal  of  the  Legislative  Council  of  New  York. 

The  Reasons  assigned  by  you  for  not  passing  the  Bill,  are  apparently  of  great  weight,  and  I 
think  the  Assembly  manifestly  in  the  wrong,  in  the  manner  in  which  they  have  framed  the  Bill 
for  the  services  provided  for  in  it.  But  if  the  Council  think  it  proper  to  reject  the  Bill ;  I  shall 
then  find  my  self  under  a  necessity  of  Proroguing  the  General  Assembly,  and  upon  their  next 
meeting  shall  recommend  to  them  again  to  provide  for  those  services  in  a  manner  not  liable  to 
the  same  objections.  I  deliver  back  the  Bill  to  you. 

Then  the  Council  adjourned  till  3  o  clock  P'  Merid. 


Wednesday,  the  1st  day  of  May,  1754.     F  Meridm. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobte  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair, 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  apply  several  sums  of  money  for  the  use  and 
security  of  the  Colony,"  be  Recommitted  to  the  Gentlemen  of  the  Council  or  any  five  of  them. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  into  a  Committee  to  consider  of  the  said  Bill,  and  having  gone  through 
the  same,  and  being  ready  to  make  their  Report  thereon 

The  Speaker  resumed  the  Chair. 

Then  Mr  Chambers  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  Q.uestion  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 

Whether  the  Bill  should  pass? 

It  passed  in  the  Negative. 

Then  the  Question  was  put 

Whether  the  Bill  should  be  Rejected  or  not? 

Which  passed  in  the  Affirmative. 

Resolved,  that  the  said  bill  be  Rejected  accordingly. 

His  Honour  the  Lieutenant  Governor  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  Honour  in  presence  of  the  Council  and  General  Assembly,  gave  his  Assent  to  the  three 
following  Bills  viz* 

An  Act  to  continue  An  Act  Entituled,  An  Act  to  Establish  the  Rates  to  be  taken  for 
Wharfage  of  Ships  and  other  Vessels  using  the  three  Wharfs  therein  mentioned. 

An  Act  to  Revive  An  Act  Intituled,  An  Act  to  prevent  the  breaking  or  otherwise  injuring 
Glass  Lamps  in  the  City  of  New  York. 

An  Act  to  prolong  the  time  limitted  for  drawing  the  Lottery  appointed  in  and  by  An  Act 
Entitled,  An  Act  for  raising  the  sum  of  one  thousand  one  hundred  and  twenty  five  pounds 
by  a  publick  Lottery  for  this  Colony  for  a  further  provision  towards  founding  a  College 
within  the  same. 

Then  the  said  three  Acts  were  published  with  the  usual  solemnity  and  the  Governor,  Council 
and  General  Assembly,  being  returned  to  the  Council  Chamber,  his  Honour  was  pleased  to 
say,  he  thought  it  for  his  Majesty's  service,  to  prorogue  the  General  Assembly,  and  did 
accordingly  with  the  advice  of  his  Majesty's  Council,  prorogue  the  General  Assembly  till  to 
morrow. 


1754.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1155 

TWENTY-SEVENTH  ASSEMBLY    FIFTH  SESSION. 

At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York, 
held  at  the  City  Hall  of  the  City  of  New  York  on  Thursday  the  second  day  of  May, 
one  thousand  seven  hundred  and  fifty  four,  in  the  twenty  seventh  year  of  tfie  Reign 
of  King  George  the  Second. 

His  Honour  the  Lieutenant  having  yesterday  prorogued  the  General  Assembly  to  this  day. 
The  Council  met  accordingly. 

PRESENT  —  The  Horio11"  JAMES  ALEXANDER,  Esqr.,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Honourable  James  De  Lancey  Esqr  his  Majesty's  Lieutenant  Governor  of  this  Province 
being  come  to  the  Council  Chamber,  sent  a  Message  to  the  General  Assembly  by  the  Deputy 
Secretary,  requiring  their  immediate  attendance,  and  the  House  attending  accordingly. 

His  Honour  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  then  his  Honour  left  the  Council  Chamber. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Honours  Speech  be  Read,  which  being  Read, 

Ordered,  that  the  same  be  entered  in  the  minutes,  which  is  as  follows,  Viz' 

Gentlemen  of  the  Council  and  General  Assembly, 

As  the  several  Matters  I  lately  recommended  to  you,  are  still  fresh  in  your  Memories,  I  think 
it  needless  to  repeat  them. 

Gentlemen  of  the  General  Assembly, 

I  am  convinced  that  the  Council,  when  they  rejected  the  Bill,  to  apply  several  Sums  of 
Money  for  the  Use  and  Security  of  this  Colony,  were  of  Opinion  the  Services  were  highly 
necessary.  But  as  they  conceived  the  Manner  in  which  that  Bill  was  framed,  to  be  repugnant 
to  his  Majesty's  Commission  and  Instructions,  they  thought  themselves,  in  Duty  to  his  Majesty, 
bound  to  refuse  their  Consent  to  it :  And  I  hope  when  you  again  take  these  Services  into 
Consideration,  (which  you  are  sensible  can  admit  of  no  Delay)  you  will  frame  the  Bill  so  as  it 
may  not  lay  the  Council  under  any  Difficulty  of  passing  it. 

Gentlemen  of  the  Council  and  General  Assembly, 

I  must  press  you  to  proceed  in  this  Matter,  with  Unanimity  and  Dispatch  :  His  Majesty's 
Service,  and  the  Safety  of  the  Province,  requiring  it. 

JAMES  DE  LANCEY 
Council  Chamber  New  York 
2d  day  of  May  1754. 

Ordered,  that  his  Honours  Speech  he  forthwith  printed. 

Then  Mr  Murray  moved  than  an  humble  Address  be  presented  to  his  Honour  by  the  Council 
in  answer  to  his  Speech,  which  motion  being  seconded  by  Mr  Chambers,  was  agreed  to  by  the 
Council. 

Resolved,  that  an  humble  Address  be  presented  by  the  Council  to  his  Honour  the  Lieutenant 
Governor  accordingly. 

Ordered,  that  Mr  Murray  and  Mr  Chambers  be  a  Committee  to  prepare  a  Draft  of  the  said 
Address  and  that  they  prepare  and  bring  in  the  same  to  morrow  morning. 

Then  the  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1156  Journal  of  the  Legislative  Council  of  New  York. 

Thursday,  the  2d  day  of  Mai/,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to 
his  Honour,  in  answer  to  his  Speech,  read,  and  then  delivered  the  same  in  at  the  Table,  where 
the  same  was  again  read,  and  being  agreed  to 

Ordered  to  be  Engrossed. 

The  Engrossed  Address  to  his  Honour  the  Lieutenant  Governor,  was  read  and  approved  of. 

Ordered,  that  the  Speaker  sign  the  said  Address. 

Then  the  Speaker  signed  the  same  accordingly. 

Ordered,  that  Mr  Murray  and  Mr  Holland  wait  on  his  Honour  to  know  when  he  will  be 
pleased  to  be  attended  with  the  Councils  Address. 

The  said  Gentlemen  being  returned  Reported  that  they  had  delivered  the  Message,  and  that 
his  Honour  was  pleased  to  say  to  Morrow  Morning  at  11  o  clock,  at  the  House  of  Mr  Edward 
Willet. 

Then  the  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Fry  day,  the  3d  day  of  May,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono''le  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

With  the  Council  went  to  present  their  Address  to  his  Honor  the  Lieutenant  Governor  and 
being  returned 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  attended  his  Honoar  and  presented  to  him,  the  Council's  Address,  his 
Honour  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  the  Honourable  JAMES  DE  LANCEY  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  in  and  over  the  Province  of  New  York  and  the  Territories  depending  thereon 
in  America 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour 

We  his  Majesty's  most  dutiful  and  Loyal  Subjects  the  Council  of  the  Province  of  New  York, 
beg  leave  to  return  your  Honour  our  most  grateful  Thanks  for  your  Speech  to  both  Houses, 
and  acknowledge  your  Honours  care  and  attention  to  his  Majesty's  service,  and  the  good  of  the 
Province. 

We  assure  your  Honour  we  had  the  Bill  mentioned  in  your  Speech,  to  apply  several  sums  of 
money  for  the  use  and  security  of  this  Colony,  under  serious  Consideration  several  days,  and 
were  truly  sensible  the  services  intended  to  be  provided  for  therein,  were  highly  necessary: 
But  as  the  Bill  was  framed  directly  contrary  to  his  Majesty's  Commission  and  Instructions  We 
thought  we  could  not  consistent  with  our  duty  give  our  consent  to  it:  And  therefore  hope  the 
General  Assembly,  upon  considering  our  Reasons  for  rejecting  this  Bill,  will  according  to  your 


1754.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1157 

Honours  Recommendation,  frame  another  for  those  important  services,  in  such  a  manner  as 
may  not  lay  us  under  any  difficulty  in  passing  it.  And  they  will  find  us  both  ready  and  willing 
to  join  with  them  and  proceed  in  this  matter  with  unanimity  and  Dispatch. 

By  Order  of  the  Council 

JAMES  ALEXANDER,  Speaker. 
Council  Chamber  City  of  New  York 
2d  May  1754. 

His  HONOURS  Answer. 
Gentlemen, 

I  thank  you  for  this  Address.  I  find  I  have  truly  expressed  your  sentiments  on  the  Bill  to  the 
General  Assembly,  and  in  their  Address  to  me  yesterday,  they  say,  they  will  endeavour  to 
frame  a  Bill  in  such  a  manner  as  may  obviate  the  objections  lately  made,  so  that  I  have  no 
Reason  to  doubt  but  that  his  Majesty's  service  will  now  proceed  with  the  unanimity  and 
dispatch  so  very  necessary  at  this  time. 

JAMES  DE  LANCEY. 
City  of  New  York 

3d  May  1754. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

A  Message  from  the  General  Assembly  by  Mr  Richard  and  Mr  Filkin  with  the  Bill  Entituled, 
"  An  Act  for  the  payment  of  several  sums  of  money  for  the  use  and  security  of  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. 

Then  the  Council  adjourned  till  3  o  clock  Pl  Merid. 


Friday,  the  3d  day  of  May,  1754.     Pl  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Watts  with  the  Bill  Entituled, 
"  An  Act  to  enable  and  impower  the  Mayor,  Aldermen  and  Commonality  of  the  City  of  New 
York  and  their  Successors,  to  prevent  and  Remove  particular  Nusances  within  the  same,  to  the 
southward  of  the  Fresh  water"  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. 

Ordi-red,  That  the  Bill  Entituled,  "  An  Act  for  the  payment  of  several  sums  of  money  for 
the  use  and  security  of  this  Colony  "  and 

The  Bill  Entituled,  "  An  Act  to  enable  and  impower  the  Mayor,  Aldermen  and  Commonality 
of  the  City  of  New  York  and  their  successors  to  prevent  and  remove  particular  Nusances 
within  the  same  to  the  Southward  of  Fresh  water"  be  Read  the  second  time. 

Then  the  said  Bills  were  Read  the  second  time  and 

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

Then  the  Council  adjourned  till  to  morrow  morning  10  o  clock. 


1158  Journal  of  the  Legislative  Council  of  New  York, 

Saturday,  the  4'*  day  of  May,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoWt  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  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  several  sums  of  money  for  the  use  and  security  of  this  Colony"  And  The  Bill 
Entituled,  "An  Act  to  enable  and  impower  the  Mayor  Aldermen  and  Commonality  of  the 
City  of  New  York,  and  their  successors,  to  prevent  and  remove  particular  Nusances  within 
the  same  to  the  southward  of  the  Fresh  water ;"  and  the  Committee  having  gone  through 
the  same  and  being  ready  to  make  their  report  thereon 

The  Speaker  resumed  the  Chair. 

Then  Mr  Holland  Chairman  of  the  said  Committee  to  whom  the  said  two  Bills  were  Referred 
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 

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  severally 

Resolved,  that  the  said  two  Bills  do  pass. 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  Amendment. 

Then  the  Council  adjourned  till  3  o  clock  P'  Merid. 


Saturday,  the  4M  day  of  May,  1 754.     P'  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolu  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governour  being  come  to  the  Council  Chamber,  sent  a  Message 
to  the  General  Assembly  by  the  Deputy  Secretary,  requiring  their  immediate  attendance,  and 
that  House  attending  accordingly. 

His  Honour  in  presence  of  the  Council  and  General  Assembly  gave  his  Assent  to  the  two 
following  Bills  viz1. 

An  Act  for  the  payment  of  several  sums  of  Money  for  the  use  and  security  of  this  Colony. 

An  Act  to  enable  and  impower  the  Mayor,  Alderman  and  Commonalty  of  the  City  of  New 
York  and  their  successors  to  prevent  and  remove  particular  Nusances  within  the  same,  to  the 
southward  of  Fresh  water. 

Then  the  said  two  Acts  were  published  with  the  usual  solemnity,  and  the  Lieutenant  Governor, 
Council  and  General  Assembly  being  returned  to  the  Council  Chamber,  his  Honour  was  pleased 
(by  and  with  the  advice  and  consent  of  his  Majesty's  Council)  to  prorogue  the  General 
Assembly  of  this  Province  to  Tuesday  the  twenty  eighth  day  of  this  Instant  May  and  did 
prorogue  the  said  General  Assembly  accordingly. 


1754.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1159 

[N.  Y.  Col.  MSS.  LXXVIII ,  124.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esquire  his  Majesty's  Lieutenant  Governour  and  Commander  in  Chief 
(L.  s.)    in  and  over    the  Province  of  New   York  and  the  Territories  depending   thereon  in 
America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  this  day,  I  have 
thought  fit  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  hereby 
further  prorogue  the  said  General  Assembly  to  Tuesday  the  second  day  of  Juli/  next  ensuing  Of 
which  all  his  Majestys  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  eight/t  day  of  May  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  fifty  four  and  of  his  Majesty's  Reign  the  twenty  seventh. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAK  D.  Secry 

God  save  the  KING. 


(  N.  T.  Col.  MSS.,  LXXVIII.,  144.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  thereon  depending  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  second 
day  of  July  next.  I  have  thought  fit,  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,  hereby  further  prorogue  the  said  General  Assembly  to  Tuesday  the 
sixth  day  of  August,  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  in  the  City  of  Albany  the  twenty  eighth 
day  of  June  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  fifty 
four  and  of  his  Majesty's  Reign  the  twenty  eighth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAR,  D  Secry 

God  save  the  KING. 


1160  Journal  of  the  Legislative  Council  of  New  York.  [ 


27th  Aeeem. 
6th  BeBs'n. 


[  N.  T.  Col.  MSS.  LXXVIII.,  148.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  his  Majesty's  Lieutenant  Governour  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America, 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  sixth 
day  of  August  next.  I  have  thought  fit  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,  hereby  further  prorogue  the  said  General  Assembly  to  Tuesday  the  twmtyeth 
day  of  August  next  there  to  meet  to  proceed  upon  Business  :  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  Jifih  day  of  July  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  fifty  four  and  of  his  Majesty's  Reign  the  twenty  eighth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAE  D  Sccry. 

God  save  the  KING. 


TWENTY-SEVENTH  ASSEMBLY    SIXTH  SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York, 
begun  and  holden  at  the  City  Hall  of  the  City  of  New  York  on  Tuesday  the  twentieth 
day  of  August,  one  thousand  seven  hundred  and  fifty  four,  in  the  twenty  eighth  year 
of  the  Reign  of  King  George  the  Second. 

The  General  Assembly  of  this  province  having  been  prorogued  on  Saturday  the  fourth  day  of 
May  last,  to  Tuesday  the  twenty  eighth  day  of  the  same  Month  ;  and  on  the  said  twenty  eighth 
day  of  May,  by  Proclamation,  to  Tuesday  the  second  day  of  July;  and  on  the  twenty  eighth 
day  of  June,  by  Proclamation  to  Tuesday  the  sixth  day  of  August,  and  on  the  sixth  day  of 
August*  by  Proclamation  to  this  day. 

The  Council  met  accordingly. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq™ 

The  Honourable  James  De  Lancey  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  of  this  province,  being  come  to  the  Council  Chamber,  the  Speaker  left  the  Chair,  and 
his  Honour  sent  a  Message  by  the  Deputy  Secretary  to  the  General  Assembly,  requiring  their 
immediate  attendance,  and  the  House  attending  accordingly, 

His  Honour  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  then  left  the  Council  Chamber. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Honour's  Speech  be  read,  and  the  same  being  read,  was 

Ordered,  to  he  entered  in  the  Minutes,  and  is  as  follows 

Gentlemen  of  the  Council  and  General  Assembly, 

The  French  Forces  in  Conjunction  with  a  Number  of  Indians,  having  lately  attacked  and 
defeated  the  British  Troops  under  the  Command  of  Col.  Washington,  on  this  side  of  the  Ohio, 

*  This  date  is  incorrect,  according  to  th«  preceding  Proclamation  and  N.  7.  Council  Minutet,  xiiii,  210. 


1754.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1161 

within  the  undoubted  Limits  of  his  Majesty's  Dominions,  and  as  I  am  informed,  built  a  Fort 
on  the  Forks  of  Monongahela ;  I  was  obliged  to  call  you  together  at  this  Time. 

It  is  evident,  and  needs  no  Arguments  to  prove  how  conducive  it  must  be  to  his  Majesty's 
Service,  and  the  general  Welfare  of  all  the  Colonies,  that  we  should  be  aiding  and  assisting  to 
each  other,  in  Case  of  any  Invasion.  In  this  Situation,  it  is  incumbent  on  all  the  Provinces, 
to  give  the  Virginians  the  Aid  they  stand  in  need  of.  It  behoves  us  more  particularly  to  exert 
ourselves,  for  as  we  have  a  large  and  extended  Frontier,  exposed  to  the  French  and  their 
Indians,  we  cannot  with  any  Decency,  should  this  Province  be  attacked,  call  upon  the  other 
Governments  on  the  Continent,  or  with  Reason  expect  Assistance  from  them,  unless  we  now 
chearfully  throw  in  our  Contributions,  to  enable  the  Virginians  to  repel  the  French,  and  drive 
them  out  of  the  Limits  of  his  Majesty's  Dominions  :  This  is  a  Point  that  deserves  your  most 
serious  Attention. 

There  is  another  which  requires  it  no  less ;  and  that  is,  the  defenceless  State  of  the  Province. 
View  the  Fortifications  of  this  City,  and  let  your  own  Eyes  inform  you,  what  Repairs  are 
necessary,  and  what  other  Works  wanting  to  strengthen  and  defend  it.  Consider  how  near  the 
most  populous  and  best  Part  of  Canada  is  to  Albany  ;  how  weak  and  unprepared  for  a  Defence 
that  City  is ;  that  we  have  not  any  Place  of  Strength  above  it  on  Hudson's  River,  to  retard  an 
Enemy  one  Moment,  so  that  they  might  be  at  our  Doors  to  give  us  the  first  Notice  of  our  Danger. 
The  Consequences  that  must  attend  the  Loss  of  Albany,  is  a  Subject  more  proper  for  your  own 
Reflection,  than  for  me  to  enlarge  upon.  A  Place  of  so  great  Importance  ought  to  be  well 
provided  for  its  Defence  in  all  Events.  A  strong  Fort  on  Hudson's  River,  must  be  a  great 
Security  to  that  City,  as  Intelligence  might  be  sent  from  thence,  of  the  Approach  of  an  Enemy, 
and  the  Place  thus  enabled  to  hold  out  till  a  sufficient  Force  could  be  brought  to  its  Relief, 
which  might  be  soon  done  :  And  a  Fort  on  that  Quarter,  must  also,  in  Time  of  War,  be  a  great 
Check  to  the  Enemy's  Incursions  towards  Schenectady  and  other  Parts  of  the  Country. 

In  Case  of  a  War,  we  may  expect  great  Assistance  from  the  Six  Nations  of  Indians.  I  left 
them  in  a  very  good  Disposition  at  the  late  Treaty;  but  unless  we  put  ourselves  in  a  proper 
Posture  of  Defence,  they  will  be  unwilling  to  expose  themselves  to  the  Resentment  of  the 
Enemy.  If  we  will  protect  them,  they  will  be  ready  to  fight  for  us.  The  Building  a  Fort 
and  making  a  Settlement  in  the  Senecas  Country,  is  a  Matter  of  great  Consequence,  for  besides 
the  Advantages  we  might  draw  from  it,  the  French  will  be  prevented  from  taking  this  Step, 
which  they  would  have  done  long  ago,  could  they  have  prevailed  on  the  Indians  to  consent  to 
it.  With  this  view  a  Tract  of  Lund  of  a  good  Soil  and  fit  for  Settlements,  was  purchased  by 
Lieutenant  Governor  Clarke,  from  the  Senecas,  the  most  numerous  of  the  Six  Indian  Nations  ;  and 
tho'  a  Fort  was  not  then  built,  and  even  now  as  it  is  a  general  Concern,  ought  to  be  done  at  a 
general  Expence  ;  yet,  as  the  Situation  of  Affairs  is  become  more  dangerous  than  at  that  Time, 
it  is  necessary  to  erect  a  Fort  there,  even  at  our  own  Charge,  to  secure  a  Footing  at  that  Place  ; 
to  attach  that  Nation  to  the  British  Interest,  to  hinder  their  falling  into  the  Hands  of  the 
French  ;  and  to  unite  them  more  firmly  with  the  other  Indian  Nations,  in  a  Dependance  on 
this  Government. 

It  has  been  usual  to  send  a  Smith,  and  some  other  Persons  to  reside  in  the  Senecas  Country, 
to  secure  that  Nation  in  their  Fidelity  to  us  :  And  the  Onoridagoes  have  desired  me  to  order  a 
Smith  to  be  sent  and  remain  among  them  for  a  Year.  Services  of  this  Nature  have  ever  been 
attended  with  a  good  Effect. 

In  my  late  Conferences  with  the  Six  Nations  at  Albany,  they  complained  of  the  pernicious 
Effects  arising  from  the  Use  of  Rum  among  them,  and  desired  it  might  not  be  sold  in  their 
Castles  or  Countries.  The  Mohawks  also  requested  that  the  People  who  are  settled  there, 
might  not  be  suffered  to  sell  this  Liquor  to  them  :  And  as  the  Law  which  restrains  the  Sale 
of  Rum  to  the  Indians,  has  proved  ineffectual,  I  must  recommend  to  you,  to  make  such  further 
Provision  as  will  fully  answer  that  End. 

It  may  be  proper  to  revise  the  Militia  Act,  to  make  it  more  effectual  for  the  Purposes 
intended,  and  to  insert  a  Clause,  to  form  those  who  are  exempted  by  Law,  yet  able  to  bear 
Arms,  into  Companies,  to  appear  once  a  Year,  and  as  often  as  the  publick  Service  shall  require 
it  for  the  Defence  of  the  Province  ;  and  to  provide  a  Quantity  of  Arms  and  Accoutrements  to 
be  lodged  in  the  Cities  of  New  York  and  Albany,  to  be  ready  upon  any  Emergency. 

Gentlemen  of  the  General  Assembly, 

The  present  Exigency  calls  aloud  upon  you,  for  Supplies,  to  assist  our  fellow  Subjects  of 
Virginia.  The  Case  is  much  altered,  since  I  first  laid  before  you  the  Encroachments  of  the 
French.  They  had  then  built  Forts  only  on  the  Lake  Erie,  and  at  the  head  of  Beeve  River, 
they  have  now  descended  this  River  to  the  Ohio,  and  thence  to  the  Monongahela,  and  have 
defeated  his  Majesty's  Troops  on  this  Side  of  the  Oiiio,  so  that  by  these  Steps  it  is  evident, 
the  Case  has  now  happened  in  which  you  engaged  by  your  Resolution  of  the  13th  of  November 
last,  to  make  Provision  for  assisting  any  of  the  neighbouring  Colonies  to  repell  Force  by  Force: 
And  I  am  persuaded,  you  will  acquit  yourselves  as  becomes  you,  by  chearfully  giving  an  ample 
Supply  for  this  Service  :  and  that  you  will  at  the  same  Time,  make  a  suitable  Provision  for 
the  other  Services  which  the  Defence  and  Safety  of  the  Province  demand  of  you. 

146 


1162  Journal  of  the  Legislative  Council  of  New  York.  ["ul  se'."™' 

Gentlemen  of  the  Council  and  General  Assembly, 

The  Things  I  have  recommended  to  you,  highly  concern  his  Majesty's  Honour,  and  the 
Interest  and  Safety  of  the  Province.  We  may  learn  from  the  Relations  published  by  the  French, 
that  they  have  long  had  a  Design  upon  this  Province,  Plans  have  been  laid  for  its  Conquest; 
Schemes  have  been  formed  to  attack  Albany  and  this  City  at  the  same  Time;  the  former  by  a 
Land  Force  from  Canada,  and  New  York  by  a  naval  Armament.  They  would  gladly  be 
Masters  of  a  Country,  that  must  soon  put  it  in  their  Power  to  reduce  the  Six  Nations,  and  their 
numerous  Allies,  to  an  intire  Dependence  on  them  :  By  preventing  this,  you  will  go  a  great 
Length  in  defeating  their  Views,  to  subject  the  whole  Continent  to  the  French  Yoke.  Let  me 
therefore,  earnestly  exhort  you,  to  provide  in  Time  for  your  Security,  that  by  effectually 
fortifying  the  Province,  the  future  Schemes  or  Attempts  of  your  Enemies,  may  be  frustrated 
and  rendered  abortive. 

When  I  was  at  Albany,  I  proposed  to  the  Commissioners  of  the  several  Governments  met 
there,  the  building  Forts  in  proper  Places  to  cover  the  northern  Frontiers  of  this,  and  some  of 
the  neighbouring  Provinces,  and  Forts  in  the  Indian  Countries,  but  without  any  Effect;  they 
seemed  so  fully  persuaded  of  the  Backwardness  of  the  several  Assemblies  to  come  into  joint 
and  vigorous  Measures,  that  they  were  unwilling  to  enter  upon  the  Consideration  of  these 
Matters  ;  and  formed  a  Plan  for  a  general  Union  of  all  the  Colonies,  to  be  enforced  by  Act  of 
Parliament :  Which,  together  with  a  Representation  they  prepared  of  the  State  of  the  Colonies, 
I  shall  order  to  be  laid  before  you. 

Gentlemen, 

I  need  not  recommend  Unanimity  to  you  ;  the  Matters  laid  before  you  are  of  such  Importance, 
that  they  will  naturally  lead  you  to  unite  your  utmost  Endeavours  to  bring  them  to  a  happy 
Conclusion.  It  will  give  me  the  highest  Satisfaction,  if  while  I  have  the  Honour  of  the 
Administration,  something  effectual  be  done  to  assist  our  Neighbours,  and  to  strengthen  and 
secure  ourselves.  You  will  ever  find  me  ready  to  give  my  Assent  to  any  Bills  for  his  Majesty's 
Service  and  the  Good  of  this  Country. 

JAMES  DE  LANCEY. 
City  of  New  York  20th  August  1754. 

Ordered,  that  his  Honour  the  Lieutenant  Governors  Speech  be  forthwith  printed. 

The  Mr  Chambers  moved  that  an  humble  Address  be  presented  to  his  Honour  the  Lieutenant 
Governor  in  answer  to  his  Speech  which  motion  being  seconded  by  Mr  Kennedy  was  agreed  to 
by  the  Council. 

Resolved,  that  an  humble  Address  be  presented  to  his  Honour  the  Lieutenant  Governor 
accordingly. 

Ordered,  that  Mr  Holland  and  Mr  Chambers  be  a  Committee  to  prepare  a  Draft  of  the  said 
Address  and  that  they  prepare  and  bring  in  the  same  to  morrow. 

Then  the  Council  adjourned  till  to  morrow  3  o  clock  Pl  Merid. 


Wednesday,  the  21st  day  of  August,  1754.     Pl  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honob!e  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  from  the  Committee  appointed  to  prepare  the  Draft  of  an  Address  to  his 
Honour  the  Lieutenant  Governour,  Read  and  presented  the  same  at  the  Board  where  the  same 
was  again  Read  and  being  agreed  to  by  the  Council  was 

Ordered  to  be  Engrossed 

The  Council  adjourned  till  to  Morrow  Morning  10  o  clock. 


1754.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1163 

Thursday,  the  22d  day  of  August,  1754 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Engrossed  Address  to  his  Honour  the  Lieu'  Governor  was  Read  and 

Ordered  to  be  signed  by  the  Speaker  and  the  Speaker  having  signed  the  same 

Ordered,  that  Mr  Holland  and  Mr  Chambers  do  wait  on  his  Honour  the  Lieutenant  Governor, 
to  know  when  and  where  he  will  be  pleased  to  be  attended  with  the  Councils  Address 

Who  being  returned  reported  that  they  had  delivered  the  said  Message  to  his  Honour,  and  that 
he  had  been  pleased  to  appoint  1 1  o  clock  at  the  Council  Chamber  in  Fort  George. 

Then  the  Speaker  left  the  Chair  and  with 

The  Council  went  to  present  the  Councils  Address  and  being  returned 

The  Speaker  resumed  the  Chair  and 

Reported  that  having  attended  his  Honour  and  presented  to  him  the  Councils  Address  His 
Honour  had  been  pleased  to  return  a  favourable  answer  thereto  which  was  Read. 

Ordered,  that  the  said  Address  and  Answer  be  entered  in  the  Minutes  which  are  as  follow 

To  the  Honourable  JAMES  DE  LANCEY  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  in  and  over  the  Province  of  New  York,  and  the  Territories  depending  thereon 
in  America, 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour, 

We  return  you  our  most  humble  thanks  for  your  Speech. 

We  are  truly  sensible  of  the  importance  of  those  matters  you  have  been  pleased  to  lay  before 
us — When  the  Dignity  of  the  Crown  is  insulted,  the  welfare  of  Great  Britain  attacked,  and  the 
property  of  our  fellow  subjects  invaded,  can  Englishmen,  can  we,  who  are  under  so  many  ties 
of  duty  and  Gratitude;  We  who  so  often  have  made  profession  of  duty  and  Loyalty  to  the  best 
of  Kings;  hesitate  one  moment  to  exert  with  Indignation,  our  utmost  efforts  of  Resentment. 
Surely  not!  We  therefore  beg  leave  to  assure  your  Honour  that  we  will  chearfully  concur  in 
every  proper  measure  that  can  in  any  wise  conduce  to  the  defeating  those  perfidious  schemes 
concerted  by  a  Nation  void  of  sincerity  and  Regardless  of  all  Faith  and  Treaties. 

Permit  us  Sir  to  add  that  there  is  nothing  in  our  power  shall  be  wanting,  wherein  we  can  by 
any  means,  contribute  to  the  Honour  of  your  Administration. 

By  order  of  the  Council 

ARCHIBALD  KENNEDY,  Speaker. 
City  of  New  York 
22d  August  1754. 

The  GOVERNORS  Answer. 

Gentlemen, 

I  return  you  thanks  for  your  address. 

The  Loyalty  you  Express  to  his  Majesty,  the  best  of  Kings,  and  your  Zeal  to  defeat  the 
schemes  of  the  French,  are  very  agreeable  to  me. 

I  am  obliged  to  you  for  the  assurances,  that  nothing  shall  be  wanting  in  your  power  that  can 
contribute  to  the  Honour  of  my  Administration. 

JAMES  DE  LANCEY. 
Fort  George,  New  York 
22d  August  1754. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 
Then  the  Council  adjourned  till  to  Morrow  4  o  clock  Post  Meridiem. 


1164  Journal  of  the  Legislative  Council  of  New  York.  [2«h8e"T' 

Fryday,  the  23d  day  of  August,  1754.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Cruger  with  the  Bill  Entituled, 
"  An  Act  for  paying  five  thousand  pounds  for  and  towards  assisting  the  Colonies  of  Virginia  and 
Pensilvania  to  dispossess  the  French  and  Indians  who  have  settled  and  erected  Forts  on  his 
Majesty's  Lands  on  the  River  Ohio  and  parts  adjacent  thereto."  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  till  to  Morrow  morning  10  o  clock. 


Saturday,  the  24'A  day  of  August,  1754. 
The  Council  met  according  to  adjournm1. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  for  paying  five  thousand  pounds  for  and  towards 
assisting  the  Colonies  of  Virginia  and  Pensilvania  to  dispossess  the  French  and  Indians  who 
have  settled  and  erected  Forts  on  his  Majesty's  Lands  on  the  River  Ohio  and  parts  adjacent 
thereto  "  be  Read  the  second  time. 

Then  the  said  Bill  wfis  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  3  o'clock  P<  Md. 


Saturday,  the  24'A  day  of  August,  1754.     Pl  Merid. 

The  Council  met  according  to  adjournment  and 
Adjourned  to  Tuesday  next  at  3  o'clock  Pl  Merid. 


Tuesday,  the  21th  day  of  August,  1754.     Pl  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  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  paying 
five  thousand  pounds  for  and  towards  assisting  the  Colonies  of  Virginia  and  Pensilvania  to 
dispossess  the  French  and  Indians,  who  have  settled  and  erected  Forts  on  his  Majesty's  Lands, 
on  the  River  Ohio,  and  parts  adjacent  thereto." 

The  Committee  having  gone  through  the  same  and  being  ready  to  make  Report  thereupon 

The  Speaker  resumed  the  Chair. 


1754.]  The  Hon.  James  De  Lancey,  Esq :   Lieut.  Governor.  1165 

Then  Mr  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  Council  adjourned  till  to  Morrow  5  o'clock  P'  Meridiem. 


Wednesday,  the  28'A  day  of  Aug*',  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobh  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Thursday,  the  29"*  day  oj  August,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  for  paying  five  thousand  pounds  for  and  towards 
assisting  the  Colonies  of  Virginia  and  Pensilvania  to  disposess  the  French  and  Indians  who 
have  settled  and  Erected  Forts  on  his  Majesty's  Lands  on  the  River  Ohio  and  parts  adjacent 
thereto  "  be  now  Read  the  third  time. 

Then  the  said  Bill  was  Read  the  third  time  and 

Upon  considering  the  39th  Article  of  his  Majesty's  Instructions  to  Sr  Danvers  Osborn  and 
the  clause  of  the  Letter  from  the  Secretary  of  the  Board  of  Trade  dated  the  7th  of  March  last 
Read  in  Council  on  the  fifteenth  day  of  March  last  and  it  appearing  that  the  said  Bill  contains 
nothing  contrary  to  or  inconsistent  with  the  said  Instruction,  and  that  it  is  consistent  with  the 
direction  of  the  said  Letter  and  that  the  money  given  for  the  temporary  service  therein  mentioned 
may  be  drawn  by  Warrant  to  be  issued  by  the  Governor  with  the  advice  and  consent  of  the 
Council  according  to  the  purport  of  the  said  Instruction. 

Resolved  unanimously,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  amendment. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  Deputy  Secretary  to  the  General  Assembly  requiring  the  immediate  attendance  of  that 
House  and  the  House  attending  accordingly  with  their  Speaker 

His  Honour  in  presence  of  the  Council  and  General  Assembly  was  pleased  to  give  his  assent 
to  the  following  Act  viz' 

An  Act  for  Paying  Five  thousand  pounds  for  and  towards  assisting  the  Colonies  of  Virginia 
and  Pensilvania  to  dispossess  the  French  and  Indians,  who  have  settled  and  erected  Forts  on  his 
Majesty's  Lands,  on  the  River  Ohio,  and  parts  adjacent  thereto." 

Then  the  said  Act  was  published  in  the  usual  manner  and  his  Honour  was  pleased  to  direct 
the  General  Assembly  to  adjourn  themselves  to  the  third  Tuesday  in  October  next  then  to  meet 
and  proceed  upon  Business. 

Theu  the  Council  adjourned  to  the  third  Tuesday  in  October  next  accordingly. 


1166  Journal  of the  Legislative  Council  of  New  York.  [2£h 

Tuesday,  the  15"  day  of  October,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT —  ThcHono116  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  to  Fryday  the  IS"1  Instant. 


Fry  day,  the  18'*  day  of  October,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  chair. 

Mr.  Banyar  brought  to  the  Council  a  Message  from  his  Honour  the  Lieutenant  Governor  in 
the  words  following. 

Gentlemen, 

A  few  days  after  your  Recess,  I  received  Advice  that  a  Body  of  French  Indians  had  made  an 
Incursion  into  this  Province,  and  destroyed  the  Settlements  at  Hoseck  and  Sinkhaick.  I 
immediately  sent  Orders  to  replace  the  Stockadoes  where  wanting,  round  the  City  of  Albany, 
and  to  repair  the  Block-Houses,  and  for  the  better  Security  of  that  important  Post,  I  ordered 
the  Company  of  his  Majesty's  Forces  from  this  Place  to  Albany,  detaining  here  only  a  Serjeant, 
and  the  Invalids  to  do  Duty  in  Fort-George.  I  also,  by  ye  Advice  of  his  Majesty's  Council, 
directed  a  Fort  to  be  built  on  Hudson's  Kiver,  above  Albany,  but  as  no  Workmen  could  be 
prevailed  on  to  undertake  it  upon  the  Credit  of  the  Province,  this  necessary  Service  is  left 
undone.  You  will  agree  with  me  that  nothing  can  contribute  more  to  the  Credit  of  any 
Government,  than  a  punctual  Discharge  of  the  Debts  contracted  for  its  own  Security  and 
Welfare,  which  I  earnestly  recommend  to  you,  and  particularly  the  Demand  of  Colonel  Johnson, 
that  has  long  laid  before  you  ;  and  for  the  Payment  of  which  I  hope  you  will  now  provide,  as 
well  as  for  all  other  Expences  disbursed  on  the  publick  Account.  This  will  be  an  Encourage 
ment  to  Persons  chearfully  to  undertake  any  future  Work  for  the  Province,  on  Emergencies 
that  may  arise,  and  require  immediate  Orders  from  a  Governor  to  be  carried  into  Execution : 
And  as  the  Safety  of  the  Province  may  be  greatly  endangered  by  the  Want  of  a  Sum  of  Money 
in  the  Treasury,  to  be  drawn  out  on  such  pressing  Occasions,  I  recommend  this  to  you  as  a 
Matter  worthy  your  Consideration. 

JAMES  DE  LANCEY. 
New  York  17lh  October  1754. 

The  Council  adjourned  till  Thursday  next  at  4  o  clock  in  the  afternoon. 


1754.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1167 

Thursday,  the  24'*  day  of  October,  1754.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  brought  to  the  Council  a  Message  from  his  Honour  the  Lieutenant  Governor  in 
the  words  following. 

Gentlemen, 

At  my  late  Interview  with  the  Indians  in  Albany,  the  Mohawks  of  the  lower  Castle  made 
their  Complaints  to  me,  principally  on  two  Points.  That  they  had  never  sold  a  large  Tract  of 
Land  lying  between  Hudsons  and  the  Mohawks  River,  called  Kayoderosseras,  and  that  they 
intended  the  Lands  which  the  Reverend  Mr  Barclay,  then  their  Missionary,  purchased  of  them, 
should  not  pass  in  Fee,  but  remain  as  a  Glebe  for  ever  for  the  use  of  a  Minister,  and  therefore 
desired,  I  would  pay  Mr  Barclay  for  the  House,  and  set  apart  the  Land  for  that  Purpose,  as  you 
will  see  by  the  Minutes  of  Council,  Copies  of  which  will  be  laid  before  you  herewith. 

I  have  mentioned  this  to  Mr  Barclay,  and  he  has  generously  offered  to  take  up  with  the  Money 
he  has  disbursed  on  that  Place. 

The  Conojohary  or  upper  Mohawks  also  desired,  I  would  have  a  Church  built  at  that 
Castle  ;  a  Request  of  such  a  Nature  that  I  persuade  myself  you  will  in  Christian  Compassion  to 
those  People  enable  me  to  comply  with,  and  to  build  it  of  Stone  that  it  may  on  an  Emergency 
serve  as  a  Fort,  for  the  Security  of  their  Wives  and  Children. 

The  Mohawks,  as  they  live  amongst  us,  are  always  at  Hand  to  assist  us,  and  in  the  late  War, 
shewed  themselves  ready  to  join  us  on  every  Occasion,  and  on  their  Fidelity  depends  in  a  great 
Measure  that  of  the  other  Nations.  It  is  therefore,  our  Interest  to  give  them  all  reasonable 
Encouragement,  so  that  I  must  recommend  it  to  you,  to  make  Provision  for  these  Purposes. 

JAMES  DE  LANCEY. 
New  York  24th  October  1754. 

The  Council  adjourned  til  Tuesday  next  at  10  o'clock  in  the  forenoon. 


Tuesday,  the  29'A  day  of  October,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolu  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  brought  to  the  Council  a  Message  from  his  Honour  the  Lieutenant  Governor  in 
the  words  following 

Gentlemen, 

His  Majesty's  Receiver-General  has  delivered  a  Memorial  to  me,  setting  forth,  the  Difficulties 
which  render  it  impossible  for  him  to  collect  and  receive  the  Quitt-Rents  regularly  and  duly  as 
they  ought  to  be,  without  the  aid  of  a  Law  for  that  Purpose.  I  send  you  a  Copy  of  the 
Memorial  as  it  points  out  a  Method,  which,  I  think  will  be  of  Benefit  to  his  Majesty,  and  a 
great  Ease  to  the  Subject  in  the  Collecting  of  those  Rents  for  the  future,  by  freeing  them  from 
the  heavy  Expence  that  might  otherwise  attend  the  Recovery  of  them.  I  shall  readily  give 
my  Assent  to  a  Bill  of  this  Nature,  and  have  no  doubt,  you  will  put  it  in  my  Power  to  do  so, 
as  the  obliging  all  Persons  to  pay  their  Arrears,  and  to  discharge  their  Rents  as  they  become 
due,  must  compel  those  who  hold  large  Tracts  of  uncultivated  Lands  to  a  speedy  Settlement. 

JAMES  DE  LANCEY. 
New  York  29th  October  1754. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


1168  Journal  of  the  Legislative  Council  of  New  York.  [2££  f^™' 

Wednesday,  the  30'A  day  of  October,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Cornel  with  a  Bill  Entituled, 
"An  Act  to  continue  An  Act  Entituled,  An  Act  for  granting  to  his  Majesty  the  several  duties 
and  impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  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  and 

Ordered  a  second  Reading. 

Mr  Kennedy  moved  that  a  Bill  which  lie  held  in  his  hand  Entituled,  "  An  Act  for  the  more 
easy  Collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York  and  for  Partition  of 
Lands  in  order  thereto  might  be  Read. 

Ordered,  that  the  said  Bill  be  read  accordingly. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  Thursday  the  seventh  of  November  next  at  11  o  clock  in  the 
morning. 


Thursday,  the  1th  day  of  November,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono1'1"  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  continue  An  Act  Intituled,  An  Act  for  granting 
to  his  Majesty  the  several  duties  and  impositions  on  Goods  Wares  and  Merchandizes  imported 
into  this  Colony  therein  mentioned  : "  be  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  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  Mr  Thomas  and  Mr  Walton  with  the  Bill  Entituled, 
"  An  Act  to  Regulate'prosecutions  by  Informations  "  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  till  Tuesday  next  at  10  o  clock  in  the  Forenoon. 


Tuesday,  the  12"1  day  of  November,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  regulate  Prosecutions  by  Informations  "  be  now 
read  the  second  time. 


1754.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1169 

Then  the  said  Bill  was  read  the  second  time  and 

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

A  Message  from  the  General  Assembly  by  Cap1  Richard  and  Col"  Beekman  with  the  Bill 
Entitled,  "  An  Act  to  regulate  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  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  Thursday  next  4  o  clock  Post  Meridiem. 


Thursday,  the  14'*  day  of  November,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoM6  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  his  Honour  the  Lieutenant  Governor  by  W  Banyar  Deputy  Secretary  in  the 
words  following 

Gentlemen, 

Captain  John  Morke  has  laid  before  me  a  Memorial  which  I  send  you  herewith  wherein  he 
proposes  several  things  that  I  apprehend  may  be  of  considerable  service  to  this  and  the  other 
British  Colonies.  I  therefore  recommend  it  to  you  to  appoint  a  Committee  to  meet  a  Committee 
of  the  General  Assembly  to  take  his  proposals  into  consideration. 

JAMES  DE  LANCEY. 
New  York  14th  November  1754. 

Mr  Murray  took  his  seat 

A  Message  from  the  General  Assembly  by  MrNicoll  and  Mr  Gale  with  the  Bill  Entituled,  "An 
Act  to  continue  the  several  Acts  for  supporting  the  Garison  and  Trading  House  at  Oswego  with 
some  additions"  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  Entitled,  An  Act  to  regulate,  the  collecting  the  Duty  of  Excise  on 
Strong  Liquors  retailed  in  this  Colony,  be  now  read  the  second  time. 

Then  the  said  Bill  was  Read  the  second  time  and 

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

The  Council  adjourned  till  3  o  clock  to  morrow  afternoon. 


Friday,  the  15'*  day  of  November,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobu  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 
The  Speaker  left  the  Chair  and 

The  Council  resolved  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled,   "  An  Act 
to  regulate  prosecutions  by  Informations"  and  the  Committee  having  gone  through  the  same 
The  Speaker  resumed  the  Chair. 

147 


1170  Journal  of  the  Legislative  Council  of  New  York. 

And  Mr  Holland  Reported  that  the  Committee  had  gone  through  the  said  Bill,  and  made  an 
amendment  thereto,  which  he  read  in  his  place,  and  then  delivered  the  Bill  with  the  Amendment 
in  at  the  Table,  where  the  Amendment  was  again  read  and  agreed  to  and 

Ordered  to  be  engrossed. 

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

A  Message  from  the  General  Assembly  by  Mr  Ver  Plank  and  Mr  Cruger  signifying  that  the 
House  have  appointed  the  said  Gentlemen  and  Mr  Thomas  and  Mr  Walton  to  be  a  Committee  [to 
join  a  Committee  of]  the  Council  to  receive  the  proposals  of  Captain  John  Morke  at  such  time 
and  place  as  the  Council  shall  appoint. 

Ordered,  that  Mr  Chambers  and  Mr  Smith  be  a  Committee  to  meet  the  Committee  appointed 
by  the  General  Assembly  for  the  purpose  mentioned  in  the  said  Message  and  that  the  said 
Committee  meet  to  morrow  Morning  at  10  o  clock  in  the  Council  Chamber  in  the  City  Hall. 

Ordered,  that  the  Honoble  Edward  Holhind  Esqr  acquaint  the  General  Assembly  that  the 
Council  have  appointed  the  Honoble  John  Chambers  and  William  Smith  Esq™  a  Committee  to 
join  the  Committee  of  that  House  to  receive  the  proposals  of  Captain  John  Morke  and  that  the 
said  Committees  do  meet  in  the  City  Hall  to  morrow  morning  at  10  o  clock. 

The  Council  adjourned  til  Tuesday  next  11  o  clock  A  M. 


Tuesday,  the  19'*  day  of  November,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  itself  into  a  Committee  on  the  Bill  Entituled,  "  An  Act  to  continue 
An  Act  Entituled,  An  Act  for  granting  to  his  Majesty  the  several  Duties  and  Impositions  on 
Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned." 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair  and 

Mr  Holland  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. 

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. 

Ordcnd,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  amendment. 

Mr  Kennedy  dissented  to  the  said  Bill  and  desired  his  dissent  might  be  entered  which  is 
entered  accordingly. 

Ordered,  that  the  Bill  intituled,  "  An  Act  to  regulate  Prosecutions  by  Informations  "  be  now 
read  the  third  time  as  amended. 

Then  the  s)iid  Bill  was  read  the  third  time  as  amended  And 

On  the  Question  being  put 

Ilesolved,  that  the  said  Bill  as  amended  do  pnss. 

Ordered,  that  Mr  Chambers  do  carry  the  Bill  with  the  Amendment  to  the  General  Assembly 
and  acquaint  the  House,  that  the  Council  have  passed  the  Bill  with  the  said  Amendment,  to 
which  they  desire  their  concurrence. 

Then  the  Council  adjourned  til  3  o  clock  P'  Merid. 


1754.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1171 

Tuesday,  the  19'A  day  of  November,  1754.    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolte  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  Beekman  and  Mr  Le  Conte,  with  the  Bill 
Entitnled,  "An  Act  to  impower  Justices  of  the  Peace  to  try  Causes  from  forty  shillings  to  five 
pounds,"  Desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  rend. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

Tne  Council  adjourned  till  Thursday  Morning  11  o  clock. 


Thursday,  the  21st  day  of  November,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  H<moHe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Le  Conte  and  Col  Lott  with  the  Bill  Entituled, 
"  An  Act  to  continue  An  Act  intituled,  An  Act  to  regulate  the  Militia  of  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  entitulcd,  "  An  Act  to  impower  Justices  of  the  Peace  to  try  causes 
from  forty  shillings  to  five  pounds  "  be  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

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

Whereas  it  appears  by  the  Bill  brought  up  from  the  Assembly  Entituled,  "An  Act  to  continue 
the  several  Acts  for  supporting  the  Garison  and  Trading  House  at  Oswego  with  some  additions" 
that  certain  persons  are  appointed  Commissioners  for  collecting  the  said  Duties  ;  which  the 
Council  conceive  to  be  contrary  to  the  King's  Instructions  and  therefore  it  was 

Ordered,  that  Mr  Murray  and  Mr  Holland  should  wait  on  his  Honour  the  Lieuten'  Governour 
and  desire  he  would  be  pleased  to  inform  the  Council,  whether  the  appointment  of  the  said 
Persons  was  by  his  Approbation.  Who  being  returned  Reported  that  they  had  accordingly 
waited  on  his  Honour  and  delivered  the  said  Message,  to  which  bis  Honour  was  pleased  to  say, 
that  he  had  agreed  to  the  said  Appointment. 

Whereupon  the  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  on  the  said  Bill. 

The  Committee  having  gone  through  the  said  Bill 

The  Speaker  resumed  the  Chair  and 

Mr  Holland  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  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  bring  put. 

Resolved,  that  the  said  Bill  do  piss. 

Ordered,  that  Mr  Holland  do  acquaint  the  Gen1  Assembly  that  the  Council  have  passed  the 
said  Bill  without  amendment. 


1172  Journal  of  the  Legislative  Council  of  New  York.  [2eth  sc"8"™.' 

Mr  Banyar  brought  to  the  Council  a  Message  from  his  Honour  the  Lieutenant  Governour  in 
the  words  following 

Gentlemen, 

I  Have  ordered  to  be  laid  before  you  an  Extract  of  a  Letter  of  the  5sh  of  July  last,  which 
I  lately  received  from  the  Right  Honble  Sir  Thomas  Robinson,  one  of  his  Majesty's  principal 
Secretaries  of  State  ;  and  also  a  Copy  of  a  Letter  which  he  had  wrote  to  Governor  Shirley, 
by  his  Majesty's  Commands.  You  perceive  how  graciously  his  Majesty  accepts  the  Services 
of  his  Subjects,  for  their  own  Defence  and  Security  :  This  should  animate  you  to  act  chearfully 
and  vigorously  in  this  Juncture,  and  thereby  merit  the  Approbation  of  the  best  of  Kings, 
who  delights  in  the  Prosperity  of  his  People.  I  flatter  myself  I  shall  have  your  Aid  to  follow 
the  laudable  Example  of  our  Neighbours  of  Massachusets-Bay,  and  to  enable  me  to  build  a 
Fort  on  such  a  Place  on  Hudson's  River,  as  shall  be  thought  most  proper  for  his  Majesty's 
Service,  and  the  Defence  of  our  Northern  Frontier;  and  that  you  will  make  a  suitable  Provision 
for  carrying  into  Execution,  an  Undertaking  so  visibly  calculated  for  the  Advantage  and  Safety 
of  the  Colony. 

You  have  already  shewn  your  Zeal  for  the  general  Interest  of  these  Provinces,  by  granting 
Five  Thousand  Pounds,  towards  the  Assistance  of  Virginia.  I  am  therefore  fully  persuaded 
you  will  not  be  backward  in  granting  Supplies  for  the  Security  of  this  wherein  you  are 
yourselves  so  deeply  interested. 

The  Officers  of  the  Troops  in  Garison,  at  Albany,  have  represented  to  me,  that  the  Men 
are  entirely  destitute  of  Bedding,  without  which,  it  is  impossible,  from  the  Coldness  of  the 
Rooms,  they  can  subsist  this  Winter,  having  nothing  but  the  Boards  to  lay  on.  The  Defence 
of  that  City  depends  in  a  great  Measure  upon  the  Soldiery  there,  who  must  infallibly  desert, 
unless  you  by  a  seasonable  Supply  relieve  them,  which  his  Majesty's  Service  obliges  me  to 
recommend  to  you  to  provide  for  without  Delay. 

JAMES  DELANCEY. 

City  of  New  York 
20th  November  1754. 

Then  the  Council  adjourned  till  Monday  next  at  3  o'clock  Post  Merid. 


Monday,  the  25M  day  of  November,  1754.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  Beekman  and  Mr  Cornell  with  the  Bill 
Entiiuled,  "  An  Act  for  the  Relief  of  the  Poor  in  Dutches  County  ;  to  enable  the  Inhabitants 
of  the  several  Precincts  thereof  to  elect  Overseers  of  the  Poor  ;  and  to  ascertain  the  places  of 
their  respective  meetings  ;"  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  to  continue  An  Act  entituled,  An  Act  to  regulate 
the  Militia  of  this  Colony  "  be  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

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

Mr  Chambers  from  the  joint  Committees  of  the  Council  and  General  Assembly,  appointed  to 
receive  the  Proposals  of  Cap'  John  Morke,  Reported  that  the  said  Captn  Morke  had  attended 
and  laid  before  the  Commitiees  the  Model  of  a  floating  Battery  for  the  annoyance  of  Ships  &c 
which  they  esteem  an  ingenious  invention,  but  think  the  same  was  principally  calculated  for 
and  may  be  more  usefully  employed  against  Fortresses  and  Places  of  strength  upon  Land,  where 
the  same  Battery  may  be  conveniently  anchored  in  shallow  waters,  than  against  Siiips  in  this  or 
any  oilier  Port,  where  the  waters  are  deep  and  the  streams  rapid. 

That  he  also  imparted  to  them  a  scheme  for  preserving  of  Timber  and  Ships  sound  and 
durable,  in  which  are  several  useful  observations  and  directions  to  that  End,  and  of  which  he 
left  a  copy  with  the  Committees. 

That  as  to  what  the  said  Capt  Morke  sets  forth  about  the  Remarks  and  Observations  he  has 
made  about  Materials  for  Naval  Stores  in  the  Northern  Colonies,  and  his  having  engaged  skilful 


1754.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1173 

and  experienced  Persons  to  come  over  upon  Proper  encouragement  to  instruct  the  People  in  the 
method  of  curing  Hemp  and  making  Tar,  Pot  Ash.  Iron,  Steel  &c  to  much  greater  perfection 
than  as  yet  practiced  among  them  :  The  Committee  are  of  opinion  the  Council  are  better  able 
to  judge  of  the  expediency  and  fitness  thereof,  and  of  the  Encouragement  proper  to  be  given 
the  said  Capt"  Morke  for  setting  up  and  carrying  on  of  such  Manufactories  within  this  Colony, 
than  they  are  :  and  therefore  humbly  beg  leave  to  submit  the  same  to  them." 
The  Council  adjourned  til  Wednesday  3  o  clock  I"  Meridm. 


Wednesday  the  27"1  day  of  November,  1754.     P.  M 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono11*  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqr". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Niooll  and  Mr  Thomas  with  the  Bill  Entituled, 
"An  Act  to  regulate  Prosecutions  by  Informations"  and  the  Amendment  made  thereto  by  the 
Council,  signifying  that  the  House  have  agreed  to  the  said  Amendment  and  desire  the  Bill  may 
be  amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  striking  out  the  whole  Bill  except  the  words 
An  Act  in  the  Title,  arid  adding  thereto  the  Amendment  proposed  by  the  Council,  agreed  to  by 
the  Assembly,  and  annexed  to  the  Bill  which  is  now  entituled.  An  Act  to  prevent  Malicious 
Informations  in  the  Supreme  Court  of  Judicature  for  the  Colony  of  New  York. 

A  Message  from  the  General  Assembly  by  Cap"1  Richard  and  Mr  Nicoll  with  the  Bill  Entituled, 
"An  Act  for  paying  and  discharging  several  Debts  due  from  this  Colony  to  the  Persons  therein 
mentioned"  Desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Thomas  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  and  County  of  Westchester"  desiring  the  concurrence  of  the  Council 
thereto. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Janse  with  the  Bill  Entituled, 
"An  Act  for  raising  a  sum  not  exceeding  a  sum  of  one  hundred  pounds  on  the  Freeholders  and 
Inhabitants  of  that  part  of  Orange  County  which  lies  to  the  Northward  of  the  Mountains  for 
repairing  the  Court  House  in  Gochen,  and  making  an  Addition  thereto  "  Desiring  the  concurrence 
of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap"  Walton  and  Mr  Le  Conte  with  the  Bill 
Entituled,  "An  Act  to  empower  the  Inhabitants  of  Oysterbay  of  the  Congregation  of  the  Church 
of  England  by  Law  Established  to  raise  by  way  of  Lottery  a  sum  not  exceeding  the  sum  of 
five  hundred  pounds  for  finishing  the  Church  in  Oysterbay,  and  purchasing  a  Bell  for  the  same" 
Desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  four  Bills  be  read. 

Then  the  said  four  Bills  were  re. id  the  first  time  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Comittee  on  the  Bill  Entituled,  "  An  Act  to  continue  an 
Act  entituled.  An  Act  to  regulate  the  Militia  of  this  Colony." 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair  and 

Mr  Holland  Chairman  of  the  Committee  in  his  place  Reported  that  the  Committee  had  gone 
through  the  said  Bill  and  made  an  Amendment  to  the  Title,  which  he  read  in  his  place  and  then 
delivered  the  Bill  with  the  Amendment  in  at  the  Table,  where  the  same  was  again  read  and 
agreed  to,  and  the  amendment 

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  as  amended  do  pass. 

Ordered,  that  Mr  Holland  do  carry  the  Bill  with  the  amendment  to  the  General  Assembly,  & 
acquaint  the  House  that  the  Council  have  passed  the  Bill  with  the  said  Amendment,  to  which 
they  desire  their  concurrence. 


1174  Journal  of  the  Leislative  Council  of  New  York. 


The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  on  the  Bill  Entituled,  "An  Act  to  regulate  the 
collecting  the  duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony." 

The  Committee  having  gone  through  the  said  Bill 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  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  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. 

Mr  Kennedy  dissented  to  the  said  Bill,  and  desired  his  dissent  might  be  entered,  which  is 
entered  accordingly. 

Ordered,  that  Mr  Chambers  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'  Meridm. 


Thursday,  the  28"'  day  of  November,  1754.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono''le  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq" 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  following  Bills  be  now  read  the  second  time  viz' 

The  Bill  Entituleri,  "An  Act  for  the  Relief  of  the  Poor  in  Dutches  County  :  to  enable  the 
Inhabitants  of  the  several  Precincts  thereof  to  elect  overseers  of  the  Poor,  and  to  ascertain  the 
Places  of  their  respective  Meetings." 

The  Bill  entituled,  "An  Act  for  paying  and  discharging  several  Debts  due  from  this  Colony 
to  the  Persons  therein  mentioned." 

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  County  of  Westchester." 

The  Bill  entituled,  An  Act  for  raising  a  sum  not  exceeding  the  sum  of  one  hundred  pounds 
on  the  Freeholders  and  Inhabitants  of  that  part  of  Orange  County  which  lies  to  the  Northward 
of  the  Mountains  for  repairing  the  Court  House  in  Groshen,  &  making  an  addition  thereto"  & 

The  Bill  Entituled,  An  Act  to  empower  the  Inhabitants  of  Oysterbay  of  the  Congregation  of 
the  Church  of  England  by  Law  Established,  to  raise  by  way  of  Lottery  a  sum  not  exceeding 
the  sum  of  five  hundred  pounds  for  finishing  the  Church  in  Oysterbay  and  purchasing  a  Bell  for 
the  same." 

Then  the  said  five  Bills  were  read  the  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  i\Ir  Le  Conte  and  Mr  Gale  with  the  Bill  entituled, 
"An  Act  to  enable  the  Freeholders  being  Inhabitants  of  the  west  division  of  the  County  of 
Richmond  to  chuse  and  elect  yearly  at  their  town  Meeting  two  constables  for  the  said  Town" 
desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col  Beekman  and  Capt"  Richard  with  the  Bill 
entituled,  "An  Act  for  naturalizing  the  several  Persons  therein  mentioned"  desiring  the 
concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bills  be  read. 

Then  the  said  Bills  were  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Col  Beekman  &  Col  Lott  with  the  Bill  entituled, 
"  An  Act  to  continue  An  Act  entituled,  An  Act  to  regulate  the  Militia  of  this  Colony  "  and  the 
Amendment  made  thereto  by  the  Council,  signifying  that  the  House  have  agreed  to  the  said 
amendment,  and  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  by  adding  to  the  Title  the  words  with  an  alteration  thereto. 

Ordered,  that  the  Bill  Entituled,  "An  Act  for  the  more  easy  collecting  of  his  Majesty's  Quit 
Rents  in  the  Colony  of  New  York  and  for  Partition  of  Lands  in  order  thereto"  be  now  read  the 
second  time. 


1754.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1175 

Then  the  said  Bill  was  read  the  second  time  and 

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

The  Council  adjourned  till  to  Morrow  3  o  clock  P'  Meridiem. 


Friday,  the  29'A  day  of  November,  1 754.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  enable  the  Freeholders  and  Inhabitants 
of  the  west  Division  of  the  County  of  Richmond  to  chuse  and  elect  yearly  at  their  town 
Meeting  two  constables  for  the  said  Town"  and 

The  Bill  entituled,  ''An  Act  for  naturalizing  the  several  persons  therein  mentioned"  be  now 
read  the  second  time 

Then  the  said  Bills  were  read  the  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  Capt"  Richard  and  MrCruger  with  the  Bill  entituled, 
"An  Act  for  the  payment  of  the  Salaries  and  services  therein  mentioned  to  the  first  day  of 
September  one  thousand  seven  hundred  and  fifty  four"  desiring  the  concurence  of  the  Council 
thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  & 

Ordered  a  second  reading. 

Then  the  Council  adjourned  till  Monday  next  3  o  clock  P'  Meridiem. 


Monday,  the  second  day  of  December,  1754.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono''16  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Col  Philipse  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  further  provision  towards  founding  a  College  for  the  advancement  of  Learning 
within  this  Colony  "  Desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  snid  Bill  tie  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  til  to  morrow  3  o  clock  Post  Meridiem. 


1176  Journal  of  the  Legislative  Council  of  New  York.  ["til  so"-™ 

Tuesday,  the  third  day  of  December,  1754.  P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono!)le  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

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  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  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  Mr  Gale  and  Mr  Miller  with  the  Bill  entituled, 
"  An  Act  to  impovver  certain  Trustees  to  dispose  of  any  quantity  of  unappropriated  Lands 
within  the  Patents  of  Minisink  &  Wawayanda  for  raising  a  sum  not  exceeding  one  thousand 
pounds  from  each  of  t:ie  said  Patents  to  maintain  and  support  the  Title  and  Possessions  of  the 
Proprietors  of  the  said  Patents  against  the  Incroachments  and  violent  Proceedings  of  the 
People  of  East  New  Jersey,  and  for  defraying  the  expence  already  occasioned  thereby,  and  for 
other  the  Purposes  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  and 

Ordered  a  second  reading. 

Mr  Kennedy  moved  that  a  Bill  which  he   held  in  his  hand  Entituled,  "An  Act  to  regulate 
the  purchaseing  of  Lands  from  the  Indians"  might  be  read. 

Ordered,  thereupon  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  3  o  clock  Post  Meridiem. 


Wednesday,  the  4'*  day  of  December,  1754.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honn116  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  entituled,  "An  Act  for  regulating  the  purchasing  of  Lands  from  the 
Indians  "  be  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

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

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  on  the  Bill  Entituled,  "An  Act  for  the  Relief 
of  the  Poor  in  Dutches  County  ;  to  enable  the  Inhabitants  of  the  several  precincts  thereof  to 
elect  overseers  of  the  Poor,  and  to  ascertain  the  places  of  their  respective  Meetings." 

The  Committee  having  gone  through  the  said  Bill, 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  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. 

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. 


1754.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1177 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  on  the  Bill  entituled,  "An  Act  for  raising  a 
sum  not  exceeding  the  sum  of  one  hundred  pounds  on  the  Freeholders  and  Inhabitants  of  that 
part  of  Orange  County  which  lies  to  the  Northward  of  the  Mountains  for  repairing  the  Court 
House  at  Gosheu  &  making  an  addition  thereto." 

The  Committee  having  gone  through  the  same, 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  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. 

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. 

Mr  Kennedy  dissented  to  the  said  Bill,  and  desired  his  dissent  might  be  entered,  which  is 
entered  accordingly. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  on  the  Bill  Entituled,  "An  Act  to  empower 
the  Inhabitants  of  Oysterbay  of  the  congregation  of  the  Church  of  England  by  Law  established, 
to  raise  by  way  of  Lottery  a  sum  not  exceeding  the  sum  of  five  hundred  pounds  for  finishing 
the  Church  in  Oysterbay,  and  purchasing  a  Bell  for  the  same." 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  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. 

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. 

Mr  Alexander  and  Mr  Smith  dissented  to  the  said  Bill,  and  assigned  this  Reason  "  that  in 
their  opinion  there  ought  to  have  been  added  in  the  Title  and  Body  of  the  Bill,  immediately 
after  the  words  Church  of  England  by  Law  established,  these  further  words  in  South  Britain. 

Mr  Kennedy  also  dissented  to  the  said  Bill. 

Ordtre,!,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  on  the  Bill  Entituled,  An  Act  to  enable  the 
Freeholders  being  Inhabitants  of  the  west  Division  of  the  County  of  Richmond  to  chuse  and 
elect  yearly  at  their  Town  Meeeting  two  constables  for  the  said  Town. 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  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. 

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  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  without  any  Amendment. 

The  Council  observing  in  the  Bill  brought  up  from  the  Assembly  entituled,  "An  Act  for 
raising  the  sum  of  one  thousand  one  hundred  &  twenty  five  pounds  by  a  publick  Lottery,  for  a 
further  provision  towards  founding  a  College  for  the  advancement  of  Learning  within  this 
Colony  "  that  certain  persons  are  named  therein  as  Managers  of  the  said  Lottery,  which  they 
conceive  is  contrary  to  his  Majesty's  Instructions.  It  is 

Ordered,  that  Mr  Murray  and  i\lr  Chambers  do  wait  on  his  Honour  the  Lieutenant  Governor 
and  desire  he  will  be  pleased  to  inform  the  Council,  whether  the  said  Appointment  is  by  his 
Approbation. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  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  County  of  Westchester" 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair  and 

148 


1178  Journal  of  the  Legislative  Council  of  Neio  York.  [2^  AS'^Q\ 

Mr  Chambers  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  any  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 

Resolvrd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly,  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

The  Council  adjourned  till  to  morrow  3  o  clock  P'  Meridm. 


Thursday,  the  Jifth  day  of  December,  1754.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono :  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY. 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  reported  that  he  had  waited  on  his  Honour  the  Lieutenant  Governor,  and 
delivered  the  Message  of  the  Council,  desiring  he  would  be  pleased  to  inform  the  Council 
whether  the  Appoiniment  of  the  Managers  for  the  publick  Lottery  in  the  Bill  entituled,  "An 
Act  for  raising  the  sum  of  ,£1125  by  a  publick  Lottery  for  a  further  Provision  towards  founding 
a  College  for  the  advancement  of  Learning  within  this  Colony  "  was  by  his' Honour's  approbation, 
to  which  his  Honour  was  pleased  to  say,  that  the  Persons  appointed  had  been  proposed  to  him 
and  that  he  had  approved  of  them. 

Then  the  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  on  the  said  Bill  and 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  Chairman  of  the  said  Comittee,  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. 

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 

Resolccd,  that  the  said  Bill  do  pass. 

Mr.  Kennedy  dissented  to  the  passing  the  said  Bill,  and  desired  his  dissent  might  be  entered, 
which  is  entered  accordingly. 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  Amendment. 

Ordered,  that  the  Bill  entituled,  "  An  Act  for  the  payment  of  the  Salaries  and  services  therein 
mentioned  to  the  first  day  of  September  One  thousand  seven  hundred  and  fifty  five  "  be  now 
read  the  second  time. 

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

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  on  the  Bill  entituled,  "An  Act  to  impower 
Justices  of  the  Peace  to  try  causes  from  forty  shillings  to  five  pounds." 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  Chairman  of  the  said  Committee  in  his  place  reported  that  the  Committee  had  gone 
thro'  the  said  Bill,  and  made  several  Amendments  thereto  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  by  the  Council,  and  the  Amendments 

Ordered-  to  be  engrossed:  and  the  Bill 

Ordered,  a  third  reading  as  amended. 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  impower  certain  Trustees  to  dispose  of  any 
quantity  of  unappropriated  Lands  within  the  Patents  of  Alinisink  and  Wawayanda,  for  raising 
a  sum  not  exceeding  one  thousand  pounds  from  each  of  the  said  Patents  to  maintain  and  support 
the  title  and  Possessions  of  the  Proprietors  of  the  said  Patents  against  the  Inaroachments  and 


1754.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1179 

violent  proceedings  of  the  People  of  New  Jersey,  and  for  defraying  the  expence  already 
occasioned  thereby,  and  for  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  to  the  Gentlemen  of  the  Council  or  any  five  of  them 

Then  the  Council  adjourned  til  to  morrow  morning  10  o  clock. 


Friday,  the  6'*  day  of  December,  1754.     A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobli  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  entituled,  "An  Act  to  impower  Justices  of  the  Peace  to  try  causes 
from  forty  shillings  to  five  pounds"  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  as  amended  do  pass. 

Ordered,  that  Mr  Smith  do  carry  the  Bill  with  the  amendments  to  the  General  Assembly  and 
acquaint  the  House  that  the  Council  have  passed  the  Bill  with  the  said  amendments  to  which 
the  Council  desire  their  concurrence. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  on  the  Bill  entituled,  "An  Act  to  impower 
certain  Trustees  to  dispose  of  any  quantity  of  unappropriated  Lands  within  the  Patents  of 
Minisink  and  Wawayanda,  for  raising  a  sum  not  exceeding  one  thousand  pounds  from  each  of 
the  said  Patents  to  maintain  and  support  the  title  and  Possessions  of  the  Proprietors  of  the  said 
Patents  against  the  Incroachments  and  violent  Proceedings  of  the  People  of  East  New  Jersey, 
and  for  defraying  the  expence  already  occasioned  thereby,  and  for  other  the  purposes  therein 
mentioned." 

The  Committee  having  gone  through  the  same, 

The  Speaker  resumed  the  Chair,  and 

Mr  Murray  Chairman  of  the  Committee  in  his  place  reported,  that  the  Committee  had  gone 
through  the  said  Bill,  altered  the  Title  and  mude  several  amendments  to  the  Bill,  which  he  read, 
and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table,  where  the  same  were  again 
read,  and  agreed  to  by  the  Council  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  as  amended  do  pass. 

Mr  Alexander  dissented  to  the  said  Bill  and  his  dissent  is  entered  accordingly,  with  leave  to 
enter  his  Reasons  if  he  thinks  proper. 

Ordered,  that  Mr  Murray  do  carry  the  Bill  with  the  Amendments  to  the  General  Assembly  and 
acquaint  the  House  that  the  Council  have  passed  the  Bill  with  the  said  Amendments  to  which 
they  desire  their  concurrence. 

A  Message  from  the  Assembly  by  Capt"  Richard  and  Col  Philipse  with  the  Bill  Entituled, 
"An  Act  to  impower  Justices  of  the  Peace  to  try  causes  from  forty  shillings  to  five  pounds" 
with  the  Amendments  made  thereto  by  the  Council,  signifying  that  the  Assembly  have  agreed 
to  the  said  Amendments,  and  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  as  follows. 

Page.  Line. 

1  12  After  the  word  Plaintif  insert  or  his  Attorney. 
19  After  agrraUe.  insert  to  instead  of  with. 

30  After  shall  insert  issue  his  Warrant  and  proceed  in  the  same  manner  as  is  above  directed  and 
strike  out  all  the  rest  of  that  page. 

2  15  After  Justice  strike  out  to  &  instead  thereof  insert  that  such  Action. 

4     21  At  the  end  of  the  line  insert  [Provided  that  the  whole  costs  to  be  recovered  or  allowed 

in  any  one  Cause  or  Action,  shall  not  exceed  the  sum  of  forty  shillings.] 
At  the  End  of  the  Bill  add  the  following  clause : 


1180  Journal  of  the  Legislative  Council  of  New  York. 


[This  Act  to  be  in  force  from  the  publication  thereof,  until  the  first  day  of  January  which 
will  be  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  fifty  eight  and  from  thence  to 
the  end  of  the  then  next  Session  of  the  General  Assembly.] 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Gale  with  the  Bill  Entituled, 
An  Act  to  impower  certain  Trustees  to  dispose  of  any  quantity  of  unappropriated  Lands  within 
the  Patents  of  Minisink  &  Wawayanda  for  raiding  a  sum  not  exceeding  one  thousand  pounds 
from  each  of  the  said  Patents  to  maintain  and  support  the  Title  and  Possessions  of  the  Proprietors 
of  the  said  Patents  against  the  Incroachments  and  violent  Proceedings  of  the  People  of  East 
New  Jersey  and  for  defraying  the  Expence  already  occasioned  thereby  and  for  other  the  purposes 
therein  mentioned"  with  the  Amendments  made  thereto  by  the  Council  signifying  that  the 
Assembly  have  agreed  to  the  said  Amendments  and  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  as  follows  viz1 

Page  1  line  1.  After  the  words  An  Act  in  the  Title,  the  rest  of  the  Title  was  struck  out,  and 
instead  thereof  these  words  were  inserted  as  the  remaining  part  of  the  Title,  for  submitting  the 
controversy  between  the  Colonies  of  New  York  and  New  Jersey  relating  to  the  Partition  Line  between 
the  said  Colonies  to  the  final  determination  of  his  Majesty. 

All  the  rest  of  that  page  and  the  whole  of  pages  two  and  three  and  so  much  of  page  four 
as  to  the  word  Whereas  in  the  23d  line  were  struck  out. 

Page  5  line  34.  After  the  word  notify  ed  the  words  to  all  Parties  interested  in  the  said  Controversy 
were  struck  out,  and  all  the  last  clause  of  the  Bill  page  6  Beginning  in  Line  16. 

The  Council  adjourned  till  to  Morrow  Morning  10  o  clock. 


Saturday,  the  1!h  day  of  December,  1754. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honotle  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  on  the  Bill  Entituled,  "An  Act  for  paying  and 
discharging  several  Debts  due  from  this  Colony  to  the  Persons  therein  mentioned" 

The  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  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  thereupon  the  Speaker  put  the  Question 

Whether  the  Bill  should  be  read  the  third  time  or  Not? 

Which  passed  in  the  Negative 

BECAUSE  the  Council  were  of  opinion  the  said  Bill  is  inconsistent  with  the  39th  Article  of  his 
Majesty's  Instructions  to  Sir  Dnnvers  Osborn  :  And  Mr  Alexander  added  this  further  reason  "For 
that  he  has  not  seen  any  vouchers  to  prove  that  the  debts  thereby  provided  for  are  due  and 
just." 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  on  the  Bill  entituled,  "An  Act  for  the  payment 
of  the  Salaries  and  services  therein  mentioned  to  the  first  day  of  September  one  thousand  seven 
hundred  and  fifty  five." 

The  Comittee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  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  thereupon  the  Speaker  put  the  question 

Whether  the  Bill  should  be  read  the  third  time  or  Not  ? 

Which  passed  in  the  Negative 

BECAUSE  the  Council  were  of  opinion  the  said  Bill  is  inconsistent  with  the  39lh  Article  of  his 
Majesty's  Instructions  to  Sir  Danvers  Osborn. 

His  Honour  the  Lieutenant  Governour  being  come  to  the  Council  Chamber  sent  a  Message  to 
the  General  Assembly  by  the  Deputy  Secretary,  requiring  the  immediate  attendance  of  that 
House  and  the  House  attending  accordingly  with  their  Speaker 


1755.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1181 

His  Honour  in  presence  of  the  Council  and  General  Assembly  was  pleased  to  give  his  Assent 
to  the  following  Bills  viz' 

An  Act  to  continue  An  Act  entituled,  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  Impositions  on  Goods  "Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned. 

An  Act  to  prevent  malicious  informations  in  the  Supreme  Court  of  Judicature  of  the  Colony 
of  New  York. 

An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this 
Colony. 

An  Act  to  continue  the  several  Acts  for  supporting  the  Garison  and  trading  House  at  Oswego 
with  some  additions. 

An  Act  to  impower  Justices  of  the  Peace  to  try  Causes  from  forty  shillings  to  five  pounds. 

An  Act  to  continue  An  Act  intituled,  An  Act  to  regulate  the  Militia  of  this  Colony,  with  an 
Alteration  thereto. 

An  Act  for  the  Relief  of  the  Poor  in  Dutches  County  ;  to  enable  the  Inhabitants  of  the  several 
Precincts  thereof  to  elect  Overseers  of  the  Poor,  and  to  ascertain  the  places  of  their  respective 
Meetings. 

An  Act  for  the  Relief  of  Insolvent  Debtors  with  respect  to  the  Imprisonment  of  their  Persons 
in  the  City  of  New  York  and  County  of  Westchesler. 

An  Act  for  raising  a  sum  not  exceeding  the  sum  of  one  hundred  pounds  on  the  Freeholders 
and  Inhabitants  of  that  part  of  Orange  County  which  lies  to  the  Northward  of  the  Mountains, 
for  repairing  the  Court  House  at  Goshen,  and  making  an  addition  thereto. 

An  Act  to  enable  the  Freeholders  being  Inhabitants  of  the  west  Division  of  the  County  of 
Richmond  to  chuse  and  elect  yearly  at  their  Town  Meeting  two  Constables  for  the  said  Town. 

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.  & 

An  Act  for  submitting  the  controversy  between  the  Colonies  of  New  York  and  New  Jersey, 
relating  to  the  Partition  Line  between  the  said  Colonies  to  the  final  determination  of  his  Majesty. 

Then  the  said  twelve  Ads  were  published  in  the  usual  manner  And  his  Honour  the  Lieutenant 
Governour,  the  Council  and  General  Assembly  being  returned  to  the  Council  Chamber,  His 
Honour  was  pleased  to  direct  the  General  Assembly  to  adjourn  themselves  to  the  second  Tuesday 
in  March  next. 

His  Honour  left  the  Council  Chamber  and  the  General  Assembly  returned  to  the  Assembly 
Chamber. 

The  Speaker  resumed  the  Chair 

The  Council  adjourned  till  the  second  Tuesday  in  March  next. 


[  N.  Y.  Col.  MSS.,  LXXX.,  I.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in  Chief 
(L.  s.)    in  and   over  the  Province  of  New   York  and   the  Territories  depending  thereon  in 
America. 

A  PROCLAMATION. 

"WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  the  second  Tuesday 
in  March  next,  And  Whereas  his  Majesty's  service  requires  that  they  should  sit  sooner  for  the 
dispatch  of  Business,  I  Have  therefore  thought  fit  by  and  with  the  advice  of  his  Majesty's 
Council  to  issue  this  Proclamation  hereby  ordaining  and  appointing  that  the  said  General 
Assembly  shall  meet  and  the  said  General  Assembly  is  directed  and  required  to  meet  to  proceed 
on  Business  on  Tuesday  the  fourth,  day  of  February  next  at  the  City  Hall  in  the  City  of  New 
York  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  January  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  fifty  five  and  of  his  Majesty's  Reign  the  twenty  eighth. 

JAMES  DE  LANCEY. 
By  his  Honours  Command 

Gw  BANYAR  D  Secry 

God  save  the  KING. 


1182  Journal  of  the  Legislative  Council  of  New  York.  rmhA..em. 


6th  Sess'n. 


Tuesday  the  fourth  day  of  February,  One  thousand  seven  hundred  and  fifty  Jive. 

His  Honour  the  Lieutenant  Governor  having  been  pleased  on  the  tenth  day  of  January  last  to 
issue  a  Proclamation  for  convening  the  General  Assembly  on  this  day 
The  Council  met  accordingly. 

PRESENT —  The  Honou«  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  a  Message  from  his  Honour  the  Lieutenant  Governor, 
with  several  other  Papers:  Which  Message  being  read  is  in  the  words  following  viz1 

Gentlemen, 

I  thought  it  necessary  to  call  you  together  before  the  Time  to  which  you  were  adjourned 
Two  causes  have  principally  induced  me  to  take  this  Step.  Since  your  Recess,  I  have  received 
a  Letter  from  the  Right  Honourable  Sir  Thomas  Robinson,  one  of  his  Majesty's  Principal 
Secretaries  of  State,  a  Copy  of  which  is  herewith  sent  you,  acquainting  me  with  the  Measures 
which  the  King  has  thought  proper  to  take  for  the  Defence  of  his  just  Rights  and  Dominions  in 
North-America,  and  for  the  Security  and  Welfare  of  his  Subjects  in  these  Parts.  These  are 
such  Proofs  of  his  Majesty's  Regard  to  us,  as  ought  to  excite  us  to  take  the  most  vigorous  Steps 
to  repel  our  common  danger,  and  rouse  up  that  Emulation  and  Spirit,  which  every  man  owes 
at  this  Time,  to  his  Majesty,  the  Publick,  and  himself.  I  do  therefore  most  earnestly  recommend 
it  to  you,  that  in  Duty  to  his  Majesty,  and  in  Gratitude  for  so  signal  Instances  of  his  paternal 
Care  of  you,  you  will  make  sufficient  Provision  to  enable  me  fully  to  come  up  to  what  his 
Majesty  so  justly  expects  at  your  Hands. 

While  the  King's  Troops  are  employed  in  the  Defence  of  his  just  Rights,  we  have  all  the 
Reason,  under  God,  to  expect  a  happy  Issue:  And  from  the  Maxims  and  Practices  of  our  foreign 
Neighbours,  have  we  not  Cause  to  apprehend  that  they  will  make  some  vigorous  push  to  revenge 
themselves  on  one  or  other  of  the  British  Colonies  :  And  if  we  continue  in  our  present  defenceless 
State,  what  more  probable,  than  that  they  will  bend  their  Force  this  way.  This  is  an  alarming 
Consideration,  and,  I  hope,  will  have  the  proper  Weight  with  you,  not  to  discourage,  but  rather 
to  animate  you  to  fall  upon  such  Ways  and  Methods  (they  are  in  your  own  Power)  as  will 
encourage  Men  with  Alacrity  to  fight  for  the  Honour  of  their  King,  and  for  the  most  valuable 
Blessings,  their  Religion,  their  Liberties,  and  their  Property.  These  are  Motives,  which  would 
inspire  any  Man  with  Courage.  But  what  can  the  bravest  Men  do,  without  proper  Works  to 
cover  them,  and  annoy  the  Enemy?  Let  me  therefore  exhort  you,  to  put  the  Province  in  such 
a  Posture  of  Defence,  and  that  without  Delay,  that  whenever  an  Enemy  shall  think  proper  to 
visit  us,  we  may  by  the  Blessing  of  God,  give  them  such  a  Reception,  as  may  discountenance 
all  future  Attempts  to  conquer  and  enslave  us.  Besides,  there  is  this  very  considerable 
Advantage  in  being  well  fortified,  that  an  Enemy  will  not  think  of  attacking  a  Place,  where 
they  must  expect  a  very  rough  Treatment,  with  little  hopes  of  Success. 

In  the  first  Place  then,  the  Fortifications  of  this  City  ought  to  be  repaired,  or  altered,  and 
other  Works  made,  where  the  Commander  in  Chief  with  the  Advice  of  the  Council,  and  the 
Assistance  of  the  best  Engineers  that  can  be  had,  shall  think  most  conducive  to  the  common 
Safety  ;  with  this  View,  and  in  full  Dependance  that  you  will  not  neglect  your  own  Security,  I 
have  already  applied  to  General  Braddock,  to  send  an  able  Engineer  to  this  Place,  if  one  can 
be  spared.  Nothing  can  be  more  evident  to  a  considering  Man,  than  that  the  Value  every 
Estate  in  the  Province,  depends  on  the  Trade,  and  of  'Course  on  the  Safety  of  this  City  ;  so 
that  there  is  the  highest  Reason  it  should  be  effectually  secured. 

In  the  next  Place,  our  northern  Frontier,  demands  your  most  serious  Attention.  The  City  of 
Albany,  is  in  such  a  Condition,  as  draws  a  Reproach  upon  us  from  our  own  Indians,  at  the  same 
Time  that  it  greatly  discourages  them.  They  publickly  declared  at  the  last  Interview,  that  it 
was  a  Shame  to  see  us  so  open  and  defenceless;  and  said,  that  the  French  who  are  just  at  our 
Doors,  could  come  in  at  Night  and  turn  us  all  out. 

Albany,  should  therefore  be  strengthened;  for  if  that  be  taken  I  do  not  see  what  could  stop 
an  Enemy  from  passing  on  the  West  Side  of  Hudson's  River,  through  Ulster  and  Orange,  even 
into  Jersey  or  Pennsylvania:  and  being  Masters  of  Albany,  they  would  cut  off  all  Communication 
between  us,  and  the  Indians,  and  the  Settlements  on  the  Mohawks  River. 

It  is  necessary  to  have  a  strong  Fort  built  in  some  advanced  Place  on  Hudson's  River,  well 
garrison'd,  and  whence  a  Number  of  Scouts  may  be  employed  to  gain  Intelligence,  and  give 
Notice  of  the  approach  of  an  Enemy,  that  the  Inhabitants  may  be  on  their  Guard,  and  ready  to 


1755.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1183 

receive  them ;  and  be  able  to  intercept  any  small  Parties  that  come  to  disturb  or  destroy  the 
Out-Settlements.  Such  a  Fort  would  be  of  Service  to  the  whole  Country. 

The  Militia  Act,  should  be  made  more  effectual  to  compel  Men  to  do  their  Duty  in  Case  of 
an  Invasion. 

I  have  already  laid  before  you  several  of  these  Matters,  and  others  Relative  to  the  Indians; 
which  you  will  take  into  Consideration.  I  send  you  a  Copy  of  a  Letter  from  the  Commissioners 
for  Indian  Affairs,  and  an  Extract  of  another  I  received  from  the  Corporation  of  Albany.  It 
will  be  proper  to  make  Provision  for  contingent  Services,  suitable  to  the  Exigency  of  the  Times, 
and  as  an  Interview  with  the  Indians  may  be  necessary  this  Year,  you  will  think  of  making 
Provision  for  that  Purpose. 

Gentlemen, 

The  Services  I  have  now  recommended  to  you,  demand  a  large  Supply  of  Money ;  but  as 
Security  cannot  be  purchased  at  too  high  a  Rate,  I  flatter  myself,  you  will  not  risque  loosing 
your  Ail,  by  an  ill-timed  Parsimony.  I  can  have  no  Interest  therein,  but  what  is  yours :  Let 
me  entreat  you  then,  to  apply  your  selves  most  seriously  to  consider  of  such  Funds,  as  will  be 
sufficient  to  defray  all  the  Expences  necessary  for  your  own  Preservation,  and  the  Continuance 
of  the  Blessings  we  now  enjoy. 

JAMES  DE  LANCEY. 
City  of  New  York 
4th  February  1755 

And  the  Message  and  Papers  being  read 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Wednesday,  the  fifth  day  of  February,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono.  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOHN  RUTHERFORD, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  a  Bill  be  brought  in  for  regulating  the  Militia  of  this  Colony:  and  that  Mr 
Kennsdy  and  Mr  Chambers  prepare  and  bring  in  the  same  by  Saturday  next. 
The  Council  adjourned  till  Saturday  next  3  o  clock  P.  M. 


Saturday,  the  eighth  day  of  February,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoiu  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqr>. 

The  Speaker  assumed  the  Chair. 

Mr  Kennedy  and  Mr  Chambers  according  to  order  presented  a  Bill  entituled,  An  Act  for 
regulating  the  Militia  of  the  Colony  of  New  York. 
Ordered,  that  the  said  Bill  be  read. 
Then  the  said  Bill  was  read:  and 
Ordered  to  be  read  a  second  time. 
The  Council  adjourned  till  Monday  next  3  o  clock  P.  M. 


1184  Journal  of  the  Legislative  Council  of  New  York.  [2JS  & 

Monday,  the  tenth  day  of  February,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono.  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled,  An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York,  was  read 
the  second  time  and 

Ordered  to  be  committed  to  the  Gentlemen  of  the  Council  or  any  five  of  them 
The  Council  adjourned  til  to  Morrow  3  o  clock  P:  Merid. 


Tuesday,  the  11'*  day  of  February,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The   Hono.  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Honour  the  Lieut' 
Governor  in  the  words  following  viz* 

Gentlemen, 

There  is  at  this  Time,  a  very  pernicious  Trade  carried  on  from  this  Province,  which  deserves 
your  Consideration.  The  French  at  Louisbourgh,  are  furnished  with  Provisions  from  this  and 
some  other  of  the  Northern  Colonies,  whence  they  supply  Canada  and  their  Forces  on  the  Ohio; 
and  are  thereby  in  a  Condition  to  support  themselves  in  their  Encroachments  on  his  Majesty's 
Territories. 

I  therefore  think  it  will  be  for  his  Majesty's  Service  and  the  general  Safety,  that  a  Law  be 
passed  to  restrain  this  evil  Practice,  impower  the  Commander  in  Chief  with  the  Advice  of  his 
Majesty's  Council,  to  put  a  Stop  to  it  when  necessary,  by  laying  such  Penalties  on  the  Owners, 
Freighters  and  Masters  of  Vessells  using  this  Trade,  as  May  discourage  them  from  prosecuting  a 
Business  of  such  visible  bad  Consequences  to  the  general  interest. 

JAMES  DELANCEY. 

City  of  New. York 
11th  February  1755. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  themselves  into  a  Committee  on  the  Bill  entituled,  An  Act  for  regulating 
the  Militia  of  the  Colony  of  New  York,  And  after  some  time  spent  therein, 

Mr  Speaker  assumed  the  Chair,  and 

Mr  Chambers  reported  that  the  Committee  had  made  some  progress  in  the  said  Bill  &  desired 
they  might  have  leave  to  sit  again. 

Ordered,  that  leave  be  given  accordingly. 

The  Council  adjourned  to  Thursday  next  at  3  o  clock  P.  M. 


1755.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1185 

Thursday,  the  13'A  day  of  February,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  entituled,  An 
Act  for  regulating  the  Militia  of  the  Colony  of  New  York,  and  after  sometime  spent  thereon, 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  reported  that  the  Committee  had  made  some  further  Progress  in  the  said  Bill 
and  desired  leave  to  sit  again. 

Ordered,  that  leave  be  given  accordingly. 

The  Council  adjourned  till  to  Morrow  3  o  clock  P.  M. 


Friday,  the  fourteenth  day  of  February,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Richard  and  Mr  Le  Conte,  with  the  Bill  Entituled, 
"An  Act  for  raising  a  supply  of  forty  five  thousand  pounds,  by  a  Tax  on  Estates  Real  and 
Personal  for  putting  this  Colony  into  a  proper  posture  of  Defence;  for  furthering  his  Majesty's 
Designs  against  his  Enemies  in  North  America;  and  other  the  purposes  therein  mentioned;  for 
emitting  Bills  of  Credit  for  the  like  sum ;  and  for  sinking  and  cancelling  the  said  Bills  in  short 
periods :  Desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Cornell  with  the  Bill  Entituled, 
"An  Act  to  restrain  the  sending  of  Provisions  to  Cape  Breton,  or  any  other  French  Port  or 
Settlement  on  the  Continent  of  North  America,  or  Islands  nigh  or  adjacent  thereto"  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. 

The  Council  adjourned  til  to  Morrow  Morning  10  o  clock. 


Saturday,  the  15'A  day  of  February,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  "An  Act  for  raising  a  supply  of  forty  five  thousand  pounds 
by  a  Tax  on  Estates  Real  and  Personal  for  putting  this  Colony  in  a  proper  posture  of  defence; 
for  furthering  his  Majesty's  Designs  against  his  Enemies  in  North  America,  and  other  the 

149 


1186  Journal  of  the  Legislative  Council  of  New  York. 

purposes  therein  mentioned  ;  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  restrain  the  sending  of  Provisions  to  Cape  Breton,  or  any 
other  French  Port  or  Settlement  on  the  Continent  of  North  America  or  Islands  nigh  or  adjacent 
thereto  "  be  now  read  the  second  time. 

Then  the  said  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled,  An 
Act  for  regulating  the  Militia  of  the  Colony  of  New  York,  And  after  some  time  spent  therein 

Mr  Speaker  resumed  the  Chair  and 

Mr  Chambers  reported  that  the  Committee  had  gone  through  the  Bill,  made  several 
Amendments,  and  added  several  Clauses  thereto,  which  he  delivered  in  at  the  Table,  where  the 
same  were  re.ad,  and  agreed  to.  And  the  Bill  with  the  Amendments 

Ordered  to  be  engrossed. 

The  Council  observing  in  the  Bill  brought  up  to  this  House  from  the  General  Assembly 
Entituled,  "An  Act  for  raising  a  supply  of  forty  five  thousand  pounds  by  a  Tax  on  Estates 
Eeal  &  Personal  for  putting  this  Colony  into  a  proper  Posture  of  Defence,  for  furthering  his 
Majesty's  Designs  against  Ins  Enemies  in  North  America,  and  other  the  Purposes  therein 
mentioned;  for  emitting  Bills  of  Credit  for  the  like  sum;  and  for  sinking  and  cancelling  the  said 
Bills  in  short  periods"  that  certain  persons  are  appointed  in  the  said  Bill  Managers  or 
Commissioners  for  receiving  the  said  Moneys,  purchasing  Materials  and  employing  Workmen 
for  repairing  and  erecting  Fortifications.  Which  appointment  the  Council  conceive  to  be 
contrary  to  his  Majesty's  Instructions.  It  is  therefore 

Ordered,  that  Mr  Holland  and  Mr  Chambers  do  wait  on  his  Honour  the  Lieutenant  Governor 
and  desire  he  will  be  pleased  to  inform  the  Council  whether  the  suid  Appointment  was  by  his 
approbation. 

The  Council  adjourned  till  Monday  3  o  clock  P.  M. 


Monday,  the  seventeenth  day  of  February,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  Reported,  that  according  to  order  he  had  waited  on  his  Honour  the  Lieutenant 
Governor  with  the  Message  from  the  Council  desiring  his  Honour  would  be  pleased  to  inform 
them  whether  the  Appointment  of  the  Managers  for  receiving  and  issuing  the  Moneys  proposed 
to  be  granted  by  the  Bill  Entituled,  "An  Act  for  raising  a  supply  of  forty  five  thousand  pounds 
by  a  Tax  on  Estates  real  and  Personal  for  putting  this  Colony  in  a  proper  posture  of  defence, 
for  furthering  his  Majesty's  designs  against  his  Enemies  in  North  America,  and  other  the 
Purposes  therein  mentioned,  for  emitting  Bills  of  Credit  for  the  like  sum,  and  for  sinking  and 
cancelling  the  said  Bills  in  short  periods"  was  by  his  Honours  approbation,  and  that  he  was 
pleased  to  say  he  had  approved  of  the  Persons  appointed  Managers  in  the  said  Bill. 

The  Speaker  then  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and 
having  gone  through  the  same, 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Comittee  of  the  whole  Hous?,  Reported  that  the  Committee  had  gone 
through  the  said  Bill  and  desired  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  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  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled,  "An 
Act  to  restrain  the  sending  of  Provisions  to  Cape  Breton  or  any  other  French  Port  or  Settlement 
on  the  Continent  of  North  America,  or  Islands  nigh  or  adjacent  thereto.  And  the  Committee 
having  gone  through  the  same, 


1755.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1187 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

Then  the  Council  adjourned  til  to  Morrow  Morning  10  o  clock. 


Tuesday,  the  eighteenth  day  of  February,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonuUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Engrossed  Bill  Entituled,  An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York, 
was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pa?s. 

Ordered,  that  Mr  Holland  do  carry  the  Bill  to  the  General  Assembly  and  acquaint  the  House 
that  the  Council  have  passed  the  said  Bill  to  which  they  desire  their  concurrence. 

The  Council  adjourned  till  to  Morrow  3  o  clock  P'  M. 


Wednesday,  the  nineteenth  day  of  February,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Richard  and  Mr  Watts  with  the  Bill  entituled, 
An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York,  acquainting  the  Council  that  the 
House  have  passed  the  said  Bill  without  Amendment. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber,  sent  a  Message  by 
the  Deputy  Secretary  to  the  General  Assembly,  requiring  the  immediate  attendance  of  that 
House,  and  the  House  attending  accordingly, 

His  Honour  was  pleased  in  the  presence  of  the  Council  and  General  Assembly  to  give  his 
Assent  10  the  three  following  Bills  viz' 

An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York. 

An  Act  for  raising  a  supply  of  forty  five  thousand  pounds  by  a  Tax  on  Estates  Real  and 
Persona],  for  putting  this  Colony  into  a  proper  posture  of  defence,  for  furthering  his  Majesty's 
designs  against  his  Enemies  in  North  America,  and  other  the  purposes  therein  mentioned,  for 
emitting  Bills  of  Credit  for  the  like  sum,  and  for  sinking  and  cancelling  the  said  Bill  in  short 
Periods. 

An  Act  to  restrain  the  sending  of  Provisions  to  Cape  Breton,  or  any  other  French  Port  or 
Settlement  on  the  Continent  of  North  America  or  Islands  nigh  or  adjacent  thereto. 

Then  the  said  Acts  were  published  in  the  usual  manner,  and  his  Honour  the  Lieutenant 
Governor  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  adjourn  the  House 
to  the  Second  Tuesday  in  March  next. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  to  the  second  Tuesday  in  March  next. 


1188  Journal  of  the  Legislative  Council  of  New  York. 


[  N.  Y.  Col.  MSS.  LXXX.,  46.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  his  Majesty's  Lieutenant  Governour  and   Commander  in  Chief  in 
(L.  s.)     and  over  the  Province  of  New  York  and  the  Territories  Depending  thereon  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  this  day  I  have 
thought  fit  by  and  with  the  advice  of  his  Majesty's  Council  further  to  adjourn  And  I  do  hereby 
adjourn  the  said  General  Assembly  to  Tuesday  the  eighteenth  day  of  March  Instant  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  eleventh  day  of  March  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  fifty  five  and  in  the  twenty  eighth  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honours  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.  LXXX.,  47.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  of  the 
(L.  s.)   Province  of  New  York  and  the  Territories  depending  thereon  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  is  adjourned  to  Tuesday  the  eighteenth 
day  of  this  Month,  I  have  thought  fit  for  his  Majesty's  service  further  to  adjourn  and  I  do  by 
and  with  the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 
Tuesday  the  twenty  fifth  day  of  March  Instant  then  to  meet  at  the  City  Hall  in  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  fourteenth  day  of  March  one  thousand  seven  hundred  and  fifty  five  in  the 
twenty  eighth  year  of  his  Majesty's  Reign. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAR  D  Secry 

God  save  the  KING. 


1755.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1189 

Tuesday,  the  twenty  fifth  day  of  March,  1755. 

His  Honour  the  Lieutenant  Governor  of  this  Province  having  been  pleased  by  a  proclamation 
dated  the  eleventh  day  of  March  Instant  to  adjourn  the  General  Assembly  to  the  eighteenth 
day  of  the  present  Month  and  also  by  another  Proclamation  dated  the  fourteenth  day  of  this 
Month,  further  to  adjourn  the  General  Assembly  to  this  day. 

The  Council  met  accordingly. 

PRESENT —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  3  o  clock  to  Morrow  Afternoon. 


Wednesday,  the  twenty  sixth  day  of  March,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  and  several  Papers  from  his 
Honour  the  Lieutenant  Governor,  which  Message  is  in  the  words  following  viz' 

Gentlemen, 

I  have  the  Pleasure  to  acquaint  you  with  the  Arrival  of  General  Braddock,  and  the  two 
Regiments  ordered  by  his  Majesty  to  Virginia.  This  makes  it  necessary  for  me  again  to 
recommend  to  you  the  enabling  me  to  quarter  the  Troops,  impress  Carriages,  and  provide  all 
Necessaries  for  such  Forces  as  shall  arrive  or  be  raised  within  this  Government,  these  being 
Services  of  a  local  and  peculiar  Nature:  And  further  that  you  would  raise  as  large  a  Sum  as 
can  be  afforded,  as  your  Contribution  to  a  common  Fund  for  all  Articles  which  are  of  a  more 
general  Concern,  to  be  employed  provisionally  for  the  general  Service  of  North-America  until 
such  Time  as  a  Plan  of  general  Union  of  his  Majesty's  Northern  Colonies  for  their  common 
Defence,  can  be  perfected,  according  to  his  Majesty's  Pleasure  signified  to  me  by  a  Letter  of  the 
26th  of  October  last,  from  the  Right  IIonoble  Sir  Thomas  Robinson,  already  laid  before  you. 

I  send  you  herewith  Copies  of  some  Papers  I  received  from  his  Excellency  Governor  Shirley, 
which  are  of  such  Importance  as  require  your  early  and  most  serious  Attention,  the  rather  as 
the  Measures  proposed  therein  tend  to  unite  our  common  Strength  for  our  common  Defence,  and 
I  hope,  will  lead  us  into  a  general  Union  for  the  general  Welfare.  The  French  Encroachments 
are  chiefly  owing  to  the  Want  of  this.  If  the  British  Colonies  act  in  concert,  they  will  soon  be 
able  with  his  Majesty's  Assistance,  to  check  and  remove  them.  You  will  not,  I  am  persuaded, 
be  so  regardless  of  your  Safety  as  to  neglect  the  Means  and  Measures  for  your  own  Preservation, 
but  in  this,  and  all  other  Instances  show  your  Readiness  to  join  with  the  other  Colonies  in  all 
reasonable  Methods  to  protect  and  secure  your  selves  and  the  common  Interest,  and  avoid  the 
disadvantageous  Imputation  of  backwardness  on  your  Part  to  engage  in  a  Plan  calculated  for 
the  Good  of  the  Whole. 

I  am  under  a  Difficulty  to  get  the  Garison  of  Oswego  supplied  with  Provisions,  the  contractor 
being  unwilling  by  Reason  of  the  Disappointments  in  his  Pay,  to  disburse  any  further  Sums  in 
that  Service.  You  will  therefore  think  of  making  Provision,  that  the  publick  may  not  suffer 
through  any  Delay  of  Payment,  and  particularly  that  this  Garrison  of  so  great  Importance  be 
not  in  Danger  of  being  lost. 

JAMES  DE  LANCEY. 

City  of  New  York 
26th  March  1755. 

On  reading  the  said  Message  and  the  Papers  from  Governor  Shirley  therein  referred  to, 
Ordered,  that  Mr  Holland,  Mr  Chambers  and  Mr  Smith  be  a  Committee  to  confer  with  a 

Committee  of  the  General  Assembly  on  the  subject  matter  of  the  said   Message  and  Papers; 

with  Power  to  the  said  Committee  to  confer  thereupon  with  Thomas  Pownall  Esqr  Commissioner 

on  the  part  of  the  Government  of  the  Massachusets-Bay. 


1190  Journal  of  the  Legislative  Council  of  New  York. 


Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly,  that  the  Council  have  appointed 
Mr  Holland,  himself,  and  Mr  Smith,  a  Committee  to  confer  with  a  Committee  of  that  House  on 
the  subject  Matter  of  his  Flonour  the  Lieutenant  Governors  Message  of  this  day,  and  the 
Papers  From  his  Excellency  Governor  Shirley  referred  to  in  the  said  Message,  with  Power  to  the 
said  Committee  of  the  Council  to  confer  on  the  said  Matters  with  Thomas  Pownall  Esqr 
Commissioner  on  the  part  of  the  Government  of  the  Massachusets-Bay.  And  tliat  the  Council 
desire  the  General  Assembly  to  appoint  a  Committee  of  their  House  to  join  the  said  Committee 
of  the  Council  for  the  like  purposes. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Mr  Cornell,  acquainting  the  Council 
that  the  House  have  appointed  Mr  Verplanck,  Mr  Livingston,  Mr  Nicoll,  Mr  Cruger,  Capt"  Walton 
and  Mr  Thomas  a  Committee  to  join  the  Commee  of  the  Council,  to  confer  with  them  on  the 
subject  matter  of  his  Honour  the  Lieutenant  Governor's  Message  of  this  day,  and  the  Papers 
from  his  Excellency  Governor  Shirley  referred  to  in  the  said  Message,  with  Power  to  confer 
with  Thomas  Pownall  Esqr  Commissioner  on  the  part  of  the  Government  of  the  Massachusets 
•Bay,  on  the  said  Matters. 

Ordered,  that  the  said  joint  Committees  of  the  Council  and  General  Assembly  to  meet 
immediately  at  the  House  of  Mr  Edward  Willet  for  the  purposes  aforesaid. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  appointed 
the  joint  Committees  of  the  Council  and  General  Assembly  to  meet  immediately  at  the  House 
of  Edward  Willet. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Thursday,  the  27'*  day  of  March,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Holland  from  the  Committee  appointed  to  meet  and  confer  with  a  Committee  of  the 
General  Assembly  upon  the  subject  matter  of  his  Honour  the  Lieutenant  Governor's  Message 
of  the  26th  Instant,  and  the  Papers  from  his  Excellency  Governor  Shirley  referred  to  in  the 
said  Message,  and  also  to  confer  thereupon  with  Thomas  Pownall  Esqr  Commissioner  on  the 
part  of  the  Government  of  the  Massachusets  Bay,  Reported  that  the  joint  Committee  had  met 
and  conferred  together,  and  with  the  said  Thomas  Pownall  Escfupon  the  subject  of  the  matters 
referred  to  them  and  that  the  joint  Committee  had  come  to  the  following  Resolutions. 

First  That  the  Scheme  proposed  by  Governor  Shirley  for  the  defence  of  the  British 
Colonies  in  North  America  is  well  concerted. 

Secondly  That  this  Colony  join  therein,  if  the  General  appointed  by  his  Majesty  to  command 
the  Forces  in  North  America  approves  of  the  said  Scheme. 

Thirdly  That  this  Colony  raise  and  subsist  eight  hundred  men.  if  the  Colony  of  Massachusets 
Bay  raise  and  subsist  fourteen  hundred  men  according  to  the  proportion  settled  by  the 
Commissioners  as  reasonable,  at  the  Congress  at  Albany  in  June  last. 

Four/Mr/  That  if  a  sufficient  number  of  Forces  he  sent  up  Kennebeck  Eiver,  to  make  a 
diversion  there,  by  the  Government  of  the  Massachusets  Bay,  the  joint  Committee  is  of  opinion 
it  may  be  equivalent  to  two  hundred  men,  in  which  that  Colony  is  by  the  Committee  thought 
deficient,  in  only  proposing  twelve  hundred  Men  to  be  raised  at  their  expence  in  the  intended 
enterprize. 

And  the  Question  being  put 

Whether  the  Council  agree  with  the  Committee  in  their  Report? 

Resolved,  that  the  Council  do  agree  to  the  said  Report. 

Ordered,  that  Mr  Holland  do  acquaint  his  Honour  the  Lieutenant  Governor  with  the  said 
Report  and  Resolution. 

The  Council  adjourned  till  Saturday  afternoon  3  o'clock. 


1755.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1191 

Saturday,  the  29"'  day  of  March,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono''le  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Lieutenant  Governor  being  come  to  the  Council  Chamber,  sent  a  Message  to  the  General 
Assembly  by  the  Deputy  Secretary  requiring  the  immediate  attendance  of  that  House. 

And  the  House  attending  accordingly. 

His  Honour  recommended  to  them  to  return  to  the  House  and  adjourn  to  Tuesday  the 
twenty  second  day  of  April  next,  then  to  meet  to  proceed  upon  Business  without  further 
notice. 

And  then  His  Honour  withdrew. 

The  Council  adjourned  to  Tuesday  the  22d  day  of  April  next. 


Tuesday,  the  22d  day  of  April,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDAVARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  10  o  clock. 


Wednesday,  the,  23d  day  of  April,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono1'6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy   Secretary   brought  to   the    Council  a  Message  from    his   Honour   the 
Lieutenant  Governor  in  the  words  following. 


Gentlemen, 

Since  our  late  Meeting  I  have  been  at  Alexandria  in  Virginia  to  confer  with  General 
Braddock,  and  I  now  acquaint  you  that  he  approves  of  Governor  Shirleys  plan  which  I  laid 
before  you,  so  that  you  will  proceed  with  the  utmost  dispatch  on  the  ways  and  means  to  enable 
me  to  carry  into  execution  that  part  of  it  which  this  Province  has  undertaken  according 
to  your  Resolution  of  the  27th  of  the  last  month. 

JAMES  DE  LANCEY, 
Fort  George  New  York 
23d  April  1755. 

The  Council  adjourned  till  Thursday  the  first  day  of  May  next. 


1192  Journal  of  the  Legislative  Council  of  New  York. 

Thursday,  the  1"  day  of  May,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Cap'  Richard  and  Mr  Nicoll,  with  the  Bill  Intitled, 
"An  Act  to  prevent  Infectious  distempers  being  brought  into  this  Colony  and  to  hinder  the 
spreading  thereof"  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. 

A  Message  from  the  General  Assembly  by  Col°  Beekman  and  Mr  Mynderse  with  the  Bill 
entitled,  "  An  Act  to  enable  the  Inhabitants  of  Schonectady  to  fortify  the  said  Town  "  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  till  3  o  clock  P.  M. 


Thursday,  the  \st  day  of  May,  1755. 
PRESENT  As  in  the  forenoon. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entitled,  "An  Act  to  prevent  Infectious  distempers  being  brought 
into  this  Colony  and  to  hinder  the  spreading  thereof"  and 

The  Bill  Entitled,  "An  Act  to  enable  the  Inhabitants  of  Schonectady  to  fortify  the  said 
Town  "  be  read  the  second  time. 

Then  the  said  two  Bills  were  read  the  second  time  and  committed  to  the  Gentlemen  of  the 
Council  or  any  five  of  them. 

A  Bill  intitled,  An  Act  to  continue  An  Act  intitled,  An  Act  to  restrain  the  sending  of 
Provisions  to  Cape  Breton,  or  any  other  French  Port  or  Settlement  on  the  Continent  of  North 
America  or  Islands  nigh  or  adjacent  thereto,  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Fryday,  the  3d  day  of  May,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  JAMES  ALEXANDER,  Esq,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  resolved  into  a  Committee  on  the  Bill  Entitled,  "An  Act  to  prevent  Infectious 
Distempers  being  brought  into  this  Colony  and  to  hinder  the  spreading  thereof"  and 

The  Bill  Entituled,  "An  Act  to  enable  the  Inhabitants  of  Schonectady  to  Fortify  the  said 
Town." 


1755.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1193 

The  Committee  having  gone  through  the  said  two  Bills 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  Chairman  of  the  Committee  to  whom  the  first  of  the  said  two  Bills  were 
referred,  in  his  place  reported,  that  the  Committee  had  gone  through  the  said  Bill  and  directed 
him  to  report  it  without  Amendment,  and 

Mr  Holland  Chairman  of  the  Committee  to  whom  the  second  of  the  said  two  Bills  was 
referred  in  his  place  Reported,  that  the  Committee  had  gone  through  the  said  Bill  and  directed 
him  to  report  it  without  Amendment. 

Which  Reports  on  the  Question  being  severally  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  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  amendment. 

A  Message  from  the  General  Assembly  by  Captain  Walton  and  Col°  Philipse  with  Bill 
Entitled,  "An  Act  for  paying  and  subsisting  eight  complete  companies  of  one  hundred  effective 
men  each,  officers  included,  to  assist  in  conjunction  witli  the  neighbouring  Colonies  in  erecting  one 
or  more  Forts  nigh  Crown  point  within  his  Majesty's  Dominions,  for  raising  the  sum  of  ten 
thousand  pounds  for  and  towards  the  said  service,  and  for  making  current  Bills  of  Credit  to  the 
amount  thereof  and  other  the  purposes  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  and 

Ordered,  a  second  reading. 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  continue  An  Act  Entitled,  An  Act  to  restrain 
the  sending  of  Provisions  to  Cape  Breton  or  any  other  French  Port  or  Settlement  on  the 
Continent  of  North  America  or  Islands  nigh  or  adjacent  thereto  "  be  read  the  second  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  till  4  o  clock  P  M. 


Fnjdaij,  the  2d  day  of  May,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono1>Ic  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair, 

Ordered,  that  the  Bill  Entituled,  "An  Act  for  paying  and  subsisting  eight  complete  companies 
of  one  hundred  effective  men  each,  Officers  included,  to  assist  in  conjunction  with  the  neighbouring 
Colonies,  in  Erecting  one  or  more  Forts  nigh  Crown  point  within  his  Majesty's  Dominions,  for 
raising  the  sum  of  ten  thousand  pounds  for  and  towards  the  said  service,  and  for  making  current 
Bills  of  Credit  to  the  amount  thereof,  and  other  the  purposes  therein  mentioned"  be  read  the 
second  time. 

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

A  Message  from  the  General  Assembly  by  Col"  Beekman  and  Cap'  Richard  with  the  Bill 
intitled,  "  An  Act  for  impressing  Ship  Carpenters,  House  Carpenters,  Joiners,  Sawyers,  and 
their  Servants,  and  all  other  Artificers  and  Labourers,  for  the  building  of  Battoes,  and  also  for 
impressing  Horses,  Waggons,  Battoes,  Scows,  Steersmen,  and  all  other  things  necessary  for 
transporting  men,  Carriages  and  all  necessaries  for  erecting  a  Fort  or  Forts  nigh  Crown  point  on 
his  Majesty's  Lands,  and  other  Fortifications  within  this  Colony,  and  for  Limitting  and  ascer 
taining  the  Prices  and  Rates  of  all  materials  requisite  thereto  "  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 

150 


1194  Journal  of  the  Legislative  Council  of  New  York.  [^  £°'f™- 

The  Council  resolved  into  a  Committee  on  the  Bill  Entitled,  "  An  Act  to  continue  An  Act 
intitled,  An  Act  to  restrain  the  sending  of  Provisions  to  Cape  Breton  or  any  other  French 
Port  or  Settlement  on  the  Continent  of  North  America  or  Islands  nigh  or  adjacent  thereto." 

The  Committee  having  gone  through  the  said  Bill 

The  Speaker  resumed  the  Chair. 

Mr  Chambers  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. 

Ordered,  that  the  said  Biil  be  engrossed  and  being  engrossed 

Ordered,  that  the  engrossed  Bill  be  read  the  third  time. 

Then  the  said  engrossed  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Chambers  do  cnrry  the  Bill  to  the  General  Assembly  and  desire  their 
concurrence. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Saturday,  the  3d  day  of  May,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  That  the  Bill  Entituled,  "  An  Act  for  impressing  Ship  Carpenters,  House  Carpenters 
Joiners.  Sawyers,  and  their  Servants  and  all  other  Artificers  and  Labourers  for  the  building  of 
Battoes ;  and  also  for  impressing  Horses,  Waggons,  Battoes,  Scows,  Steersmen  and  all  other 
things  necessary  for  transporting  men,  Carnages,  and  all  necessaries  for  erecting  a  Fort  or  Forts 
nigh  Crown  point  on  his  Majesty's  Lands  and  other  Fortifications  within  this  Colony,  and  for 
Limitting  and  ascertaining  the  prices  and  rates  of  all  materials  requisite  thereto"  be  read  the 
second  time. 

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

The  Speaker  left  the  Chair. 

The  Council  Resolved  into  a  Committee  on  the  said  Bill  and  having  gone  through  the  same 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  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  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  Mr  Smith  -do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  Amendment. 

A  Message  from  the  General  Assembly  by  Col°  Beekman  and  Captain  Walton  with  the  Bill 
entitled,  "  An  Act  to  continue  An  Act  intitled,  An  Act  to  restrain  the  sending  of  Provisions 
to  Cape  Breton  or  any  other  French  Port  or  Settlement  on  the  Continent  of  North  America  or 
Islands  nigh  or  adjacent  thereto"  acquainting  the  Council  that  the  General  Assembly  have 
passed  the  said  Bill  without  amendment. 

The  Council  adjourned  till  3  o  clock  P  M. 


1755.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1195 

Saturday,  the  3d  day  of  May,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  observing  in  the  Bill  entitled,  "An  Act  for  paying  and  subsisting  eight  complete 
companies  of  one  hundred  effective  men  each,  officers  included,  to  assist  in  conjunction  with  the 
neighbouring  colonies,  in  erecting  one  or  more  Forts  nigh  Crown  point  within  his  Majesty's 
Dominions,  for  raising  the  sum  of  Ten  thousand  pounds  for  and  towards  the  said  service,  and 
for  making  current  Bills  of  credit  to  the  amount  thereof  and  other  the  purposes  therein 
mentioned"  that  certain  persons  are  appointed  in  the  said  Bill  Commissioners  for  receiving  and 
issuing  monies  granted  by  the  said  Bill  which  the  Council  conceive  to  be  contrary  to  his  Majesty's 
Instructions.  It  is  therefore 

Ordered,  that  Mr  Holland  and  Mr  Smith  do  wait  on  his  Honour  the  Lieutenant  Governour  and 
desire  he  will  be  please  to  inform  the  Council  whether  the  said  appointment  was  by  his 
approbation. 

Mr  Smith  Reported  that  he  waited  on  his  Honour  the  Lieutenant  Governor  and  delivered  the 
said  Message  to  which  his  Honour  was  pleased  to  say.  I  approve  of  the  Gentlemen  who  are 
named  in  the  Bill. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  into  a  Committee  on  the  Bill  Entituled,  "An  Act  for  paying  and 
subsisting  eight  complete  companies  of  one  hundred  effective  men  each  to  assist  in  conjunction 
with  the  neighbouring  Colonies  in  erecting  one  or  more  Forts  nigh  Crown  point  within  his 
Majesty's  Dominions,  for  raising  the  sum  of  Ten  Thousand  pounds  for  and  towards  the  said 
service,  and  for  making  current  Bills  of  Credit  to  the  amount  thereof  and  other  the  purposes 
therein  mentioned." 

The  Committee  having  gone  through  the  said  Bill 

The  Speaker  resumed  the  Chair. 

Mr  Smith  Chairman  of  the  said  Committee  in  his  place  Reported,  that  the  Committee  had 
gone  thro'  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. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  amendment. 

The  Speaker  left  the  Chair. 

The  Council  Resolved  itself  into  a  Committee  on  the  Bill  Entitled,  "An  Act  for  naturalizing 
the  several  persons  therein  mentioned." 

The  Committee  having  gone  thro'  the  same. 

The  Speaker  resumed  the  Chair. 

Mr  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. 

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  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  amendment. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  to 
the  General  Assembly  to  require  their  immediate  attendance,  and  they  attending  accordingly, 

The  Governor  in  presence  of  the  Council  and  General  Assembly  gave  his  Assent  to  the 
following  Bills  viz' 

An  Act  for  paying  and  subsisting  eight  complete  companies  of  one  hundred  effective  men 
each,  officers  included,  to  assist  in  conjunction  with  the  neighbouring  Colonies  in  erecting  one 
or  more  Forts  nigh  Crown  Point,  within  his  Majesty's  Dominions  ;  for  raising  the  sum  of  ten 
thousand  pounds  for  and  towards  the  said  service,  and  for  making  current  Bills  of  credit  to  the 
amount  thereof,  and  other  the  purposes  therein  mentioned. 


1196  Journal  of  the  Legislative  Council  of  New  York.  [2olh  sS™.' 

An  Act  for  impressing  Ship  Carpenters,  House  Carpenters,  Joiners,  Sawyers,  and  their 
Servants,  and  all  other  Artificers  and  Labourers  for  the  building  of  Batoes  and  also  for  impressing 
Horses,  Waggons,  Batoes,  Scows,  Steersmen,  and  all  other  things  necessary  for  transporting 
men,  Carriages  and  all  other  necessaries  for  erecting  a  Fort  or  Forts  nigh  Crown  point  on  his 
Majesty's  Lands,  and  other  Fortifications  within  this  Colony,  and  for  Limiting  and  ascertaining 
the  prices  and  rates  of  all  materials  requisite  thereto. 

An  Act  to  prevent  infectious  Distempers  being  brought  into  this  Colony  and  to  hinder  the 
spreading  thereof. 

An  Act  to  enable  the  Inhabitants  of  Schonectady  to  fortify  the  said  Town. 

An  Act  to  continue  An  Act  intitled,  An  Act  to  restrain  the  sending  of  Provisions  to  Cape 
Breton  or  any  other  French  Port  or  Settlement  on  the  Continent  of  North  America  or  Island 
nigh  or  adjacent  thereto  and 

An  Act  for  Naturalizing  the  several  persons  therein  mentioned. 

And  then  his  Honour  directed  the  Speaker  of  the  General  Assembly  to  adjourn  the  House  to 
Tuesday  the  twentyeth  day  of  May  next. 

The  Council  adjourned  to  Tuesday  the  20th  day  of  May  next. 


Tuesday,  the  2Q"1  day  of  May,  1755. 
The  Council  met  according  to  adjournment. 

PEESENT  —  The  HonoMe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  General  Assembly  being  adjourned  to  Tuesday  next 

The  Council  therefore  adjourned  to  the  same  day. 


Tuesday,  the  2Th  day  of  May,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JosEm  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Honour  the  Lieutenant 
Governor  in  the  words  following  viz' 


•••I 


Gentlemen, 

I  shall  order  a  Copy  of  a  Letter  I  lately  received  from  the  Right  Honourable  Sir  Thomas 
Robinson,  one  of  his  Majesty's  Principal  Secretaries  of  State,  to  be  laid  before  you  ;  and  as  it 
is  a  fresh  Instance  of  his  Majesty's  Paternal  Care  of  his  Colonies  and  Subjects  in  North-America, 
you  will  read  it  with  the  Pleasure  that  becomes  the  most  dutifull  and  loyal  Subjects,  sensible 
that  the  King  is  determined  nothing  shall  be  wanting  towards  their  Support.  This  Consideration 
ought  to  induce  you  clu-arfully  to  comply  with  what  is  expected  from  you  by  his  Majesty,  and 
to  shew  your  Gratitude  to  the  best  of  Kings,  by  enabling  me  to  effect  the  intended  Augmentation 
of  his  Majesty's  Troops  in  America,  and  to  defray  the  Charge  of  levying  the  same. 

During  your  Recess  I  made  Application  to  the  Government  of  Connecticut,  to  raise  a  Number 
of  Men  in  that  Colony,  in  the  Pay  of  this  Province,  and  have  obtained  Leave  to  raise  three 
Companies,  as  you  will  see  by  a  Copy  of  the  Resolve  of  the  Assembly,  which  I  shall  order  to 
be  laid  before  you.  I  have  given  Warrants  to  five  other  Persons,  such  as  were  recommended  to 
me  as  able  to  raise  Companies,  which  I  hope  they  will  soon  compleat.  I  have  ordered  Cartouch 
Boxes  to  be  made,  this  Article  being  omitted  in  the  Act  lately  passed;  and  which  you  will  now 


1755.]  The  Hon.  James  De  Lancey,  Esq :   Lieut.  Governor.  1197 

provide  for.  I  have  wrote  to  Governor  Dinwidde,  requesting  the  Loan  of  Arms  for  the  Men, 
but  have  as  yet  received  no  Answer ;  it  will  therefore  be  necessary  to  make  Provision  for  a 
Supply  of  Arms,  in  Case  we  should  be  disappointed  of  those.  It  will  likewise  be  necessary  to 
cause  such  Forts  to  be  erected  on  Hudson's  River,  and  in  other  Places,  as  shall  be  thought 
expedient  for  securing  Stores,  sheltering  Men,  and  receiving  the  Sick  and  Wounded,  and  keeping 
open  a  Communication  between  Albany  and  the  Provincial  Troops;  and  to  build  a  proper  Vessel 
to  command  the  Navigation  of  the  Lake,  and  thereby  deter  the  French  Indians  from  passing 
this  way.  You  are  well  apprized  that  the  Assistance  of  a  number  of  Indians  may  contribute 
greatly  to  the  Success  of  the  present  Expedition  ;  and  that  when  engaged,  they  must  be  supplied 
with  Arms,  Ammunition  and  Provisions.  And  as  these  Things  cannot  be  executed  without  a 
considerable  Expence,  I  earnestly  recommend  it  to  you  to  make  immediate  Provision  for  them, 
by  furnishing  the  Proportion  of  this  Colony  towards  this  Common  Charge,  and  the  Expences 
that  Major  General  Johnson,  Commander  in  Chief  of  the  Provincial  Troops,  will  unavoidably 
be  put  to.  And  I  think  that  the  Provinces  concerned,  ought  to  make  him  Appointments  suitable 
to  his  Rank  and  Station. 

When  I  attended  General  Braddock,  and  Commodore  Keppel,  Commander  in  Chief  of  his 
Majesty's  Ships  in  North-America,  with  several  of  the  Governors  of  the  Provinces  in  Council  at 
Alexandria,  the  Plan  of  Operation  for  this  Summer,  was  concerted :  One  Article  of  which,  will 
be  laid  before  you,  relating  to  the  Presents  to  be  made  to  the  Indians.  This  was  a  Service  so 
essentially  necessary,  that  I  can  have  no  doubt,  but  you  will  immediately  raise  Money  to  defray 
that  part  of  it  which  I  undertook  in  Behalf  of  this  Province. 

General  Braddock  considering  the  Fort  at  Oswego,  as  a  Post  of  the  greatest  Importance,  and 
having  heen  informed  of  its  present  defenceless  Condition,  and  the  Weakness  of  its  Garrison, 
has  ordered  the  Effectives  of  the  two  Independent  Companies  and  two  Companies  of  Sir 
William  Pepperells  Regiment  thither,  to  reinforce  it;  and  as  this  Service  required  the  utmost 
Dispatch,  and  could  admit  of  no  Delay,  and  that  a  Post  of  so  great  Consequence  to  this  and 
the  other  Colonies,  might  not  be  exposed  to  the  Danger  of  a  Surprize  from  the  French,  who 
pass  it  in  great  Numbers  in  their  Way  to  and  from  the  Ohio,  I  thought  it  for  his  Majesty's 
Service,  and  with  the  Advice  of  the  Council,  I  ordered  Battoes  to  be  built,  and  Provisions  and 
other  Necessaries  to  be  supplied  out  of  the  Five  Thousand  Pounds,  appropriated  among  others, 
for  the  extraordinary  Services  which  may  be  judged  necessary  for  the  Use  and  Security  of  this 
Colony,  in  this  critical  and  extraordinary  Conjuncture  ;  and  as  soon  as  the  Accounts  of  the 
Charges  are  brought  in,  I  shall  order  them  to  be  laid  before  you.  The  importance  of  the  Post, 
the  Necessity  of  a  speedy  Reinforcement  of  Men,  and  a  Supply  of  Provisions  for  them,  induced 
me  to  take  these  Measures,  which  I  conceived  to  he  of  the  utmost  Service  to  this  and  his 
Majesty's  other  Colonies,  as  they  secure  the  Pass  into  the  Indian  Country,  and  into  this  Province; 
and  will  tend  to  encourage  the  Five  Nations  to  declare  themselves  for  us,  when  they  see  so 
strong  a  Garrison  at  that  Place. 

JAMES  DE  LANCEY. 
Fort  George  New  York 
27  May  ]  7-5-5. 

Then  the  said  Message  and  the  papers  therein  referred  to  were  read. 
The  Council  adjourned  till  to  Morrow  Afternoon  3  o  clock 


Wednesday,  the  28'*  day  of  May,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  IIon<jUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled,  "  An 
Act  for  the  more  easy  collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York  and 
for  Partition  of  Lands  in  order  thereto"  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  Reported  that  the  Committee  had  made  some  progress  therein  and  desired 
leave  to  sit  again. 

Ordered,  that  leave  be  given  accordingly. 

The  Council  adjourned  till  3  o  clock  to  morrow  afternoon. 


1198  Journal  of  the  Legislative  Council  of  New  York.  [267t'J;  £•",? 


Thursday,  the  29"'  <%  of  May,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonrJMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  from  the  Committee  of  the  whole  House  to  whom  the  Bill  Entitled  An  Act 
for  the  more  easy  collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York  and  for 
partition  of  Lands  in  order  thereto"  was  referred  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. 

Ordered,  that  the  said  Bill  be  engrossed. 

The  Council  adjourned  till  Saturday  next. 


Saturday,  the  31s'  day  of  May,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honollt  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Governor  having  directed  the  General  Assembly  to  adjourn  to  Tuesday  the  Tenth  day 
of  June  next 

The  Council  adjourned  to  the  said  tenth  day  of  June  next. 


Tuesday,  the  10'*  day  of  June,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honom  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  his  Honour  the  Lieutenant  Governor  by  Mr  Banyar  Deputy  Secretary  in  the 
words  following  viz 

Gentlemen, 

I  have  received  from  the  Honourable  Robert  Dinwiddie,  Esq ;  Governor  of  Virginia,  600 
stands  of  Arms,  and  their  proper  Accoutrements,  for  the  Use  of  the  Troops  raised  in  this 
Province  :  The  Cost  of  them,  and  the  Reasons  why  he  could  not  spare  200  more,  you  will  find 
in  the  Copy  of  his  Letter.  I  desire  you  will  make  Provision  for  sending  Governor  Dinwiddie 
a  Bill  of  Exchange  for  the  Amount,  which  I  think  the  best  Method,  or  find  Means  to  replace 
the  like  Number  and  of  equal  Goodness. 

I  have  before  recommended  to  you  to  pass  a  Bill  more  effectually  to  restrain  and  prevent  the 
selling  of  Rum  to  the  Indians  :  Complaints  of  this  Abuse  are  frequent,  and  it  may  have  very 
fatal  Consequences;  and  therefore  I  again  recommend  it  to  your  Consideration,  and  that  you 
would  insert  a  Clause  to  punish  the  Buyers  or  pretended  Exchangers  of  their  Arms,  Ammunition, 
or  Clothing.  I  have  lately  had  a  Complaint  from  the  Minister  of  Auchwick,  and  a  fresh  one 


1755.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1199 

from  General  Johnson,  on  this  Subject,  which  I  shall  order  to  be  laid  before  you.     The  Mischief 
is  great  and  growing,  and  requires  a  speedy  and  severe  Remedy. 

In  the  Quotas  to  be  settled  for  the  contingent  Charges  which  may  arise,  none  of  the  Colonies 
ought  at  present  to  be  considered,  but  such  as  are  engaged  in  the  Expedition,  least  the  Service 
should  suffer  by  it,  or  by  too  minute  a  Calculation.  The  proposed  Expedition  is  of  such 
Consequence  that  it  ought  not  to  be  retarded  by  any  light  Consideration. 

Having  been  informed  that  the  General  of  Canada  had  invited  the  Six  Nations  to  a  Meeting 
this  Spring,  at  Montreal,  I  thought  it  necessary  to  use  my  Endeavours  to  prevent  it,  and  to 
that  End  sent  them  a  Present  of  Indian  Corn,  and  directed  the  Commissioners  for  Indian  Affairs, 
to  send  a  proper  Person  into  their  Country  to  diswade  them  from  going  thither.  Mr  Van 
Schaick,  the  Recorder  of  Albany,  who  went  on  that  Service,  is  returned,  and  acquaints  me  by 
Letter,  that  he  had  left  them  in  very  good  Humour;  that  they  were  well  pleased  with  the 
Notice  taken  of  them,  and  that  all  the  Six  Nations  were  seemingly  unanimous  in  continuing 
firmly  attached  to  his  Majesty's  Interest.  This  Service  should  be  provided  for,  as  also  that  of 
the  Smiths  I  sent  to  reside  in  the  Indian  Country.  I  have  received  the  Account  of  those  who 
were  at  Onondaga,  which  shall  be  laid  before  you. 

I  have  received  good  Accounts  of  the  Levies  made  in  Albany  and  Westchester  Counties,  for  the 
Service  of  this  Province,  and  soon  expect  a  satisfactory  one  from  Governor  Fitch.  I  have  been 
disappointed  on  Nassau  Island,  and  have  sent  an  Express  into  Dutches  County,  where  I  hope 
for  Success ;  but  that  a  Service  which  so  nearly  concerns  the  Welfare  of  this  Country,  may  not 
be  retarded  or  frustrated,  I  must  in  the  most  earnest  Manner  press  you  to  enable  me  to  draught 
out  of  the  Militia  such  a  Number  of  Men  as  will  complete  the  Eight  Hundred  voted  for  this 
Expedition.  I  am  antonished  at  the  Backwardness  I  found  in  Suffolk  County,  and  that  Men 
should  refuse  to  engage  in  an  Enterprize  so  evidently  calculated  for  the  Safety  and  future 
Security  of  the  Colonies :  I  hope  by  your  Zeal  on  this  Occasion,  you  will  wipe  off  an  Aspersion 
that  may  otherwise  be  cast  on  you.  It  is  high  Time  we  should  exert  ourselves  to  stop  up  a 
Passage  by  which  the  French,  no  less  barbarous  than  the  Indians,  send  their  Savages  to  murder, 
scalp,  and  lead  into  Captivity  the  British  Subjects;  an  Instance  of  which  I  had  this  Morning 
an  Account  of  from  Major  Vanderheyden,  who  informs  me,  that  at  Hoseck  the  French  Indians 
had  murdered  and  scalped  one  Boy,  and  carried  away  two  others,  all  the  children  of  one  George 
Brimmer,  who  was  then  at  Plough  in  his  Field,  with  three  of  his  Sons.  These  Things  are  not 
to  be  endured  ;  exert  yourselves  then  with  Vigour,  to  put  an  End  to  such  Barbarities. 

JAMES  DE  LANCEY. 
City  of  New  York 

10lh  June  1755. 

Then  the  said  Message  was  read  with  the  papers  refered  to  therein. 
The  Council  adjourned  till  to  Morrow  Morning  1 L  o  clock. 


Wednesday,  the  11'*  day  of  June,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono''le  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNED v, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Engrossed  Bill  Entitled,  "An  Act  for  the  more  easy  collecting  of  his 
Majesty's  Quit  Rents  in  the  Colony  of  New  York  and  for  partition  of  Lands  in  order  thereto  " 
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  Mr  Chambers  do  carry  the  said  Bill  to  the  General  Assembly  and  acquaint  that 
House,  that  the  Council  have  passed  the  said  Bill  and  desire  their  concurrence  thereto. 

Mr  Smith  dissented  to  the  said  Bill  which  is  entered,  with  leave  to  enter  his  Reasons  which 
are  as  follow 

First  For  this  General  Reason  that  the  Legislature  here  by  his  Majesty's  Commission  and 
Instructions,  is  restrained  from  passing  any  Law  repugnant  to  the  Law  of  that  part  of  Great 
Britain  called  England,  and  the  present  Bill  appears  to  him  (waving  all  exceptions  to  particular 
clauses)  to  be  Repugnant  to  Law  in  these  Instances  following  — 


1200  Journal  of  the  Legislative  Council  of  New  York. 

1"  In  that  by  the  Great  Charter  Ch  29th  no  man  shall  be  Disseized  or  dispossessed  of  his 
Freehold,  unless  it  be  by  verdict  of  his  equals  or  by  due  course  and  process  of  Law.  But  by 
the  present  Bill,  passed  into  An  Act,  the  Subject  may  Disseized  of  his  Freehold  in  consequence 
of  a  bare  Certificate  of  the  Officer  that  a  debt  is  due  for  Quit  Rent,  without  Verdict  of  a  Jury 
or  legal  process,  and  Judgment  according  to  the  Course  of  the  Law. 

2d'y  In  that  by  the  Bill  in  its  present  form,  if  passed  into  An  Act,  it  would  deprive  the 
Subject  of  all  Pleas  and  Defences  secured  by  other  Statutes,  particularly  made  with  relation  to 
the  debts  of  the  Crown,  as  5  Richd  2d  Ch  9  33  H  8th  Ch  39  &ca. 

3d'y  In  that  it  deprives  the  Subject  of  all  his  Defences  at  Common  Law,  such  as  are  allowed 
in  any  action  or  on  Distress  for  Kings  Rent. 

2<"y  Because  it  seems  contrary  to  Natural  Justice  and  Equity,  in  that  it  will  subject  the 
Lands  of  a  Freeholder  to  sale,  tho'  the  King  be  indebted  to  him  in  a  greater  sum  than  is  due 
for  Quit  Rent,  and  leaves  him  no  remedy  either  in  Law  or  equity  in  such  a  Case. 

WM  SMITH. 
New  York  11  June  1755. 

The  Council  adjourned  till  Saturday  next  11  o  elk. 


Saturday,  the  14'A  day  of  June,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  moved  that  a  Bill  which  he  had  in  his  hand  in  titled,  "An  Act  to  prevent  to 
exportation  of  Provisions,  Naval  and  Warlike  stores  from  the.  Colony  of  New  York  to  Cape 
Breton,  or  to  any  other  the  Dominions  of  the  French  King  or  places  at  present  in  possession  of 
any  of  his  Subjects  "  might  be  read. 

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  Tuesday  afternoon  3  o  clock. 


Tuesday,  tlie  17"'  day  of  June,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  his  Honour  the  Lieutenant  Governor  by  Mr  Banyar  Deputy  Secretary  in  the 
words  following  viz' 


8 


Gentlemen, 

I  Have  ordered  to  be  laid  before  you  an  Extract  from  Governor  Shirley's  Letter  of  the  ninth 
Instant,  with  a  Copy  of  the  List  of  Articles  provided  and  providing  by  the  Committee  of  War 
of  the  Massachusetts-Bay  for  the  Expedition,  and  a  Copy  of  the  Resolutions  of  the  General 
Court.  In  these  you  have  all  the  Light  1  can  at  present  give  you.  My  opinion  is,  that  you 
should  provide  the  Sum  of  Two  Thousand  Pounds,  being  one  fifth  Part  of  the  computed 
Expence  of  the  Train,  as  the  Quota  of  this  Province,  to  be  laid  out  in  such  Articles  as  the 
Governments  do  not  furnish,  and  that  this  Province  do  take  the  like  Proportion  out  of  the 


1755.]  The  Hon.  James  De  Lancet/,  Esq :  Lieut.  Governor.  1201 

Provisions  sent  by  Pennsylvania.  I  have  ordered  proper  Carriages  to  be  made  for  the  Cannon, 
and  shall  give  Directions  for  a  quantity  of  Shot  suitable  to  them,  and  for  such  other 
Particulars  as  shall  be  thought  necessary,  which  the  other  Governments  may  have  omitted. 

I  think  it  requisite  a  Sum  should  be  allowed  and  advanced  by  each  Province  concerned  in 
this  Expedition  to  defray  the  Expence  Major  General  Johnson  must  unavoidably  be  put  to  on 
this  Occasion. 

It  seems  very  expedient  that  a  Sum  of  Money,  as  the  Quota  of  this  Colony,  for  engaging  the 
Indians  in  the  intended  Expedition,  should  be  lodged  in  the  Hands  of  a  proper  Agent,  at 
Albany,  ready  to  be  paid  on  Major  General  Johnson's  Draughts,  that  the  Service  may  be 
carried  on  with  Vigour ;  and  it  is  highly  reasonable  the  other  Colonies  should  have  an  Agent 
at  the  same  Place  for  the  like  Purpose,  and  for  receiving  and  forwarding  Intelligence  to  their 
respective  Governments. 

A  Quarter  Master  is  wanting  for  the  Provincial  Regiment :  As  he  is  a  necessary  Officer  you 
will  provide  for  his  Pay,  and  I  will  commissonate  a  proper  Person. 

I  have  had  such  Experience  of  your  Zeal  for  his  Majesty's  Service,  and  of  your  Readiness  to 
come  into  all  Measures  calculated  for  the  Welfare  and  Security  of  the  Province,  and  for 
carrying  on  the  general  Plan  of  Operations  for  the  S  ifety  of  all  his  Majesty's  Dominions  in 
America,  as  leaves  me  no  Room  to  doubt  of  your  chearfully  complying  with  what  I  have  now 
recommended  to  you. 

JAMES  DE  LANCEY. 
City  of  New  York 
1G"1  June  1755. 

Then  the  said  Message  was  read  with  the  papers  referred  to  therein. 

Ordered,  that  the  Bill  Entituled,  "An  Act  to  prevent  the  Exportation  of  Provisions,  Naval 
and  Warlike  stores  from  the  Colony  of  New  York  to  Cape  Breton,  or  to  any  other  the 
Dominions  of  the  French  King  or  places  at  present  in  possession  of  any  of  his  Subjects  "  be 
read  the  second  time. 

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

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Captain  Douw  with  the  Bill 
Entitled,  "An  Act  to  prohibit  the  sale  of  Hum  or  any  other  strong  Liquors  to  any  Indian  or 
Indians  within  the  City  of  County  of  Albany,  excepting  at  the  trading  House  at  Oswego,  and 
to  prevent  the  buying,  exchanging  or  taking  in  pawn  of  or  from  any  of  the  said  Indians,  any 
arms,  ammunition  or  clothing"  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  Rend. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  to  Morrow  4  o  clock  P.  M. 


Wednesday,  the  18"'  day  of  June,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono''1"  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqrs. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entitled,  "An  Act  to  prohibit  the  sale  of  Rum  or  any  other  strong 
Liquors  to  any  Indian  or  Indians  within  the  City  or  County  of  Albany  excepting  at  the  trading 
House  at  Oswego,  and  to  prevent  the  buying,  exchanging  or  taking  in  pawn  of  or  from  any  of 
the  said  Indians  any  arms  ammunition  or  clothing"  be  read  the  second  time. 

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

The  Speaker  left  the  Chair. 

The  Council  resolved  itself  into  a  Committee  on  the  said  Bill  and  the  Committee  having  gone 
through  the  same 

The  Speaker  resumed  the  Chair. 

Mr  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  amendment. 

151 


1202  Journal  of  the  Legislative  Council  of  Neio  York.  [2 

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

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  Entitled,  "An  Act  to  prevent  the 
Exportation  of  Provisions,  Naval  and  Warlike  Stores  from  the  Colony  of  New  York  to  Cape 
Breton,  or  to  any  other  the  Dominions  of  the  French  King  or  places  at  present  in  possession  of 
any  of  his  subjects,  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House,  Reported  that  the  Committee  had 
gone  through  the  said  Bill,  and  madrf  several  Amendments  thereto,  which  he  read  in  his  place, 
and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table,  where  the  Amendments  were 
again  read  and  agreed  to,  and  the  Bill 

Ordered  to  be  Engrossed. 

The  Council  adjourned  till  to  Morrow  4  o  clock  P.  M. 


Thursday,  the  19"'  day  of  June,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honou>  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  engrossed  Bill  Entitled,  An  Act  to  prevent  the  Exportation  of  Provisions, 
Naval  and  Warlike  stores  from  the  Colony  of  New  York  to  Cape  Breton,  or  to  any  other  the 
Dominions  of  the  French  King,  or  places  at  present  in  possession  of  any  of  his  subjects,  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  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  to  which  they  desire  their  concurrence. 

Ordered,  that  the  Bill  Entitled,  "An  Act  to  prohibit  the  sale  of  Rum  or  any  other  strong 
Liquors  to  any  Indian  or  Indians  within  the  City  or  County  of  Albany,  excepting  at  the  Trading 
House  at  Oswego,  and  to  prevent  the  Buying  Exchanging  or  taking  in  pawn  of  or  from  any  of 
the  said  Indians,  any  Arms,  Ammunition  or  Clothing"  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  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  amendment. 

The  Council  adjourned  till  Fry  day  the  27  Instant  at  11  o  clock  A  M. 


Fry  day,  the  27'*  day  of  June,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honohle  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Cap'  Winne  and  Mr  Cornel  with  the  Bill  Entitled, 
An  Act  to  enable  the  Corporation  of  the  City  of  Albany  and  some  of  the  Justices  of  the  peace 
of  the  County  of  Albany  to  repair  the  Fortifications  of  the  said  City  "  desiring  the  concurrence 
of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  Read. 

Then  the  snid  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 


1755.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1203 

A  Message  from  the  General  Assembly  by  Captain  Richard  and  Mr  Verplank  with  the  Bill 
Entitled,  "An  Act  to  enable  the  Creditors  of  Insolvent  Debtors  who  are  willing  to  give  up  their 
effects  to  dispose  of  the  same  for  the  benefit  of  the  Creditors  and  to  release  the  said  debtors 
from  Imprisonment"  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  till  5  o  clock  P.  M. 


Friday,  the  2V*  day  of  June,  1  755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoWe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entitled,  "  An  Act  to  enable  the  Corporation  of  the  City  of  Albany, 
and  some  of  the  Justices  of  the  peace  of  the  County  of  Albany  to  repair  the  Fortifications  of 
the  said  City  "  be  read  the  second  time. 

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

Ordered,  that  the  Bill  Entitled,  "  An  Act  to  enable  the  creditors  of  Insolvent  debtors,  who 
are  willing  to  give  up  their  effects  to  dispose  of  the  same  for  the  benefit  of  the  Creditors,  and 
to  release  the  said  Debtors  from  Imprisonment"  be  read  the  second  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  till  Monday  5  o  clock  P.  M. 


Monday,  the  30""  day  of  June,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono''le  JAMES  ALEXANDER,  Esqr,  Speaker," 

ARCHIBALD  KENNEDY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  4  o  clock  P.  M. 

Tuesday,  the  Ist  day  of  July,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Ho?iom  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from   the  General  Assembly  by  Captain  Richard  and  Mr  Verplanck  acquainting 
the  Council    that    that  House  have  passed  the  Bill  Entitled,   "  An  Act  for  the  more  easy 


1204  Journal  of  the  Leislative  Council  of  New  York. 


collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York  and  for  Partition  of  Lands 
in  order  thereto  "  without  Amendment. 

A  Message  from  the  General  Assembly  by  Col°  Gale  and  Mr  Walton  with  the  Bill  Entitled, 
"An  Act  to  impower  Trustees  to  dispose  of  some  undivided  Lauds  within  the  patents  of 
Minisink  and  Wawayanda  for  raising  a  sum  not  exceeding  one  thousand  pounds  from  each  of 
the  said  Patents  to  defend  the  Title  and  Possessions  of  the  proprietors  of  the  said  Patents  against 
the  Encroachments  of  the  People  of  East  New  Jersey,  and  for  defraying  the  expence  already 
occasioned  thereby  "  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

The  Question  being  put 

Whether  the  Bill  should  be  read  the  second  time? 

Mr  Alexander  moved  that  he  might  have  a  copy  of  the  Bill  in  order  to  enable  him  to  object 
against  the  second  reading  of  the  said  Bill. 

The  Speaker  left  the  Chair. 

The  Council  resolved  itself  into  a  Committee  on  the  Bill  Entitled,  "  An  Act  to  enable  the 
Corporation  of  the  City  of  Albany  and  some  of  the  Justices  of  the  peace  of  the  County  of 
Albany  to  repair  the  Fortifications  of  the  said  City." 

The  Committee  having  gone  through  the  said  Bill 

The  Speaker  resumed  the  Chair. 

Mr  Chambers  Chairman  of  the  said  Committee  in  his  place  Reported  that  the  Committee 
had  gone  through  tiie  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  Amendment. 

The  Council  adjourned  till  to  Morrow  5  o  clock,  P.  M. 


Wednesday,  (he  2'1  day  of  July,  1755.  P.  M. 

The  Council  met  according  to  adjournment  and 
Adjourned  till  to  Morrow  Morning  11  o  clock. 


Thursday,  the  3d  day  of  July,  1755. 

The  Council  met  according  to  adjournment  and 
Adjourned  till  to  morrow  morning  11  o  clock. 


Friday,  the  4"'  day  of  July,  1755. 

The  Council  met  according  to  adjournment  and 
Adjourned  till  5  o  clock,  P.  M. 


Friday,  the  4"'  day  of  July,  1755.  P.  M. 

The  Council  met  according  to  adjournment  and 
Adjourned  till  to  Morrow  Morning  11  o  clock. 


1755.]  The  Hon.  James  De  Lancey,  Esq :   Lieut.  Governor.  1205 

Saturday,  the  5"1  day  of  July,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT —  TkcIlonoUe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Alexander  having  had  a  copy  of  the  Bill  Entitled,  "An  Act  to  impewer  Trustees  to 
dispose  of  some  undivided  Lands  within  the  Patents  of  Minisink  and  Wawayanda,  for  raising 
a  sum  not  exceeding  one  thousand  pounds  from  each  of  the  said  Patents  to  defend  the  title 
and  possessions  of  the  proprietors  of  the  said  Patents  against  the  encroachments  of  the  people 
of  East  New  Jersey,  and  for  defraying  the  expences  already  occasioned  thereby"  presented 
his  reasons  against  the  second  reading  of  the  Bill,  which  being  read,  were 

Ordered  to  be  entered  and  are  as  follow  viz' 

That  there  are  many  facts  set  forth  in  the  Bill,  which  he  has  reason  to  believe  are  not  true, 
and  humbly  conceives  that  those  who  sollicited  the  passing  the  said  Bill,  ought  to  lay  before 
this  House  the  proofs  of  these  facts,  to  be  considered  of  before  any  order  for  a  second  reading; 
and  unless  they  do  so,  by  a  time  to  be  set  for  that  purpose  by  this  House,  that  then  the  Bill 
be  rejected  —  anil  particularly  the  facts  following  viz' 

1"  It  is  alledged  by  the  Bill  that  many  of  his  Majesty's  Subjects  within  this  Colony,  have 
from  time  to  time  been  compelled  to  pay  taxes  and  perform  other  publick  duties  in  and  to  the 
province  of  New  Jersey, 

Which  fact  he  believes  not  true  and  that  no  good  proof  can  be  shewn  of  it. 

2d  The  Bill  alledges  that  the  Inhabitants  of  New  Jersey,  have  forcibly  ousted  divers  other  of 
his  Majesty's  Subjects  holding  Lands  under  this  Colony. 

This  fact  he  also  believes  not  true,  and  that  no  good  proof  can  be  shewn  of  it. 

3d  Its  said  by  the  Bill  that  the  owners  and  proprietors  of  the  patents  of  Minisink  and 
Wawayanda,  are  willing  each  and  every  of  them  to  bear  their  equal  proportions  of  the  expences, 
charges,  Disbursements  and  damages  therein  mentioned. 

This  is  a  fact  of  great  Moment,  which  he  is  sure  is  false,  for  that  he  is  owner  of  -43g-  of  the 
Minisinks  Patent  by  good  conveyances  in  the  Law,  which  he  is  ready  to  produce,  and  is  not 
willing  to  bear  any  proportion  of  those  charges  &c  because  he  believes  they  are  for  unlawfull 
and  unreasonable  Acts,  done  and  to  be  done,  and  particularly  for  defraying  the  charges  accrued 
by  four  forcible  Invasions  by  multitudes  of  people  on  the  province  of  New  Jersey,  set  forth  in 
the  papers  annexed  to  the  printed  Memorial  of  the  proprietors  of  East  Jersey  (whereof  Copies 
have  been  given  to  every  member  of  this  House)  for  which  great  Numbers  of  them  stand  there 
indicted,  and  to  enable  the  committing  more  like  Invasions  and  oppressing  the  people  of  New 
Jersey  in  such  manner  as  some  of  the  people  of  Minisink  and  Wawayanda  have  often  heretofore 
done,  as  appears  by  the  said  Memorial  and  papers  annexed  and  for  making  encroachments  on 
New  Jersey  without  any  Colour  of  reason. 

That  his  share  of  this  ,£1000  proposed  to  be  raised  on  Minisinks  for  his  -4%,  is  above  ,£65, 
and  as  it  is  to  be  raised  by  sale  at,  Veridue  or  otherwise  out  of  the  Lands  he  holds  in  common 
there,  at  the  discretion  of  the  Trustees,  he  does  not  believe  that  Lands  there  so  sold,  will  yield 
one  third  of  their  real  value,  and  consequently  by  this  Bill  above  ,£195  value  of  his  Estate,  is 
to  be  taken  from  him  against  his  consent  us  an  owner  of  Minisink  Patent — and  another 
considerable  part  of  his  Estate  is  to  be  taken  from  him  as  owner  of  Augustus  Oldfields  share  in 
Wawayanda  patent,  towards  raising  the  sum  of  One  thousand  pounds  also  out  of  that  patent. 

4th  Its  alledged  by  the  Bill  that  the  Majority  of  the  owners  of  those  said  Patents,  did  chuse 
the  Trustees  named  in  the  Bill  for  making  those  sales  &c. 

This  fact  he  neither  knows  nor  believes  to  be  true,  and  conceives  that  clear  proof  of  it  ought 
to  appear  to  this  House  —  and  if  it  did  appear,  he  humbly  conceives  that  the  estates  of  that 
Majority  so  appearing  to  have  chosen,  ought  only  to  be  affected  by  their  Acts,  and  not  the 
estates  of  those  who  have  not  chosen  them,  and  who  entirely  oppose  the  purpose  of  ch using 
them.  And  if  any  Act  to  this  purpose  do  pass,  it  ought  to  appear  expressly  in  the  body  of  it, 
Whose  Estate  is  to  be  affected,  and  that  his  consent  for  affecting  it  is  sufficient. 

These  proofs  he  humbly  conceives  ought  to  appear  to  this  House,  before  the  second  reading 
of  the.  Bill,  that  if  the  proofs  be  insufficient,  the  defects  may  be  pointed  out  and  entered  on  the 
Minutes,  in  order  that  it  this  House  should  think  them  sufficient,  those  who  think  themselves 
injured  -by  th.u  opinion,  m:iy  have  redress  by  application  to  his  Majesty,  for  preventing  his 
Royal  assent  to  An  Act  in  their  opinion  unjust  and  unreasonable. 


1206  Journal  of  the  Legislative  Council  of  New  York. 


5th  For  that  by  the  Memorial  and  papers  annexed  he  conceives  it  Evident,  that  New  Jersey 
had  right  to  do  what  they  have  done,  but  whether  they  had  or  not  he  conceives  is  not  the 
Question  here  ;  he  thinks  it  enough  that  Minisink  and  Wawayanda  by  this  Bill,  do  own  those 
things  that  are  therein  pretended  to  have  been  done  by  New  Jersey,  were  done  claiming  right 
to  do  it  —  And  that  New  Jersey  had  n,>t  right  to  do  these  things,  is  impossible  to  appear  till 
the  controversie  concerning  the  line  is  settled  —  By  the  Memorial  and  papers  annexed  it  appears 
that  for  fourteen  years  past  the  New  Jersey  people  have  bc>en  using  their  utmost  endeavours 
for  having  the  line  settled,  and  that  those  endeavours  have  been  continually  opposed  on  the 
part  of  New  York,  at  the  mutual  expence  of  many  thousands  of  pounds  —  if  /he  places  where 
those  things  pretended  to  have  been  done  by  New  Jersey  people  be  found  in  New  Jersey  upon 
the  final  settlement  of  the  Line,  then  all  tha's  pretended  to  have  been  done  by  New  Jersey  was 
just  and  legal  and  the  several  late  Invasions  of  New  Jersey  by  th  -  people  of  Minisink  and 
Wawayanda,  appearing  by  the  said  Memorial  and  papers  annexed  were  unjust  and  illegal,  and 
the  invaders  have  been  and  ought  to  be  justly  punished  for  those  invasions,  and  they  and  the 
advisers  of  those  Invasions,  ought  to  bear  the  Charge  of  them,  and  not  those  who  thought,  and 
think  them,  illegal  and  unjustifiable.  If  upon  the  final  settlement  of  the  Line  the  places  where 
appear  to  be  in  Minisinks  and  Wawayanda  and  consequently  what  they  did  just  and  lawfall 
then  it  may  be  a  proper  time  for  applying  for  relief  for  those  who  in  that  case  would  have  been 
unjustly  punished  by  New  Jersey,  but  til  then  it  cannot  be  known  but  that  past  crimes  arc  to  be 
rewarded  by  this  Bill  and  the  committing  new  crimes  encouraged.  Were  a  reasonable  sum  to  have 
been  raised,  for  the  settlement  of  the  Line  and  determining  the  controversie  by  his  Majesty's 
Commission,  he  should  be  far  from  opposing  it,  provided  all  the  money  raised  were  applied  (or 
that  purpose,  and  the  superplus  returned,  but  no  part  of  this  £.2000  appears  to  be  applied  for  that 
purpose,  but  rather  to  delay  the  settlement  of  the  Controversie,  and  to  enable  them  to  execute 
the  scheme  pointed  out  by  page  50  of  the  papers  annexed  to  the  said  Memorial  ;  how  just  it 
would  be  in  a  Legislative  Body  to  countenance  sucli  a  Scheme  needs  no  remarks. 

As  this  House  knows,  that  ever  since  he  had  the  Copy  of  the  Bill,  lie  has  been  engaged,  so 
that  he  could  spare  but  few  minutes,  for  forming  the  proceeding  objections,  which  he  hopes, 
may  excuse  any  impropriety  therein,  or  what  upon  mature  deliberation,  (had  he  had  time,  he 
would  have  corrected,  and  particularly  he  would  (if  time  had  permitted)  have  placed  the  fifth 
and  last  objection  in  the  first  place,  because  if  all  the  four  other  matters  were  proved  (which 
he  believes  no  one  of  them  can,  and  is  sure,  for  the  reasons  before,  that  the  third  cant)  yet  this 
5th  reason  he  thinks  is  sufficient  against  passing  this  or  any  such  other  Bill,  until  the  bounds  be 
settled  and  the  controversie  ended,  in  a  legal  way  by  his  Majesty's  Commission,  which  (the 
Lords  of  Trade  have  above  twenty  three  months  ago  given  it  as  their  opinion)  i,  the  only  uai/  as 
agreement  of  all  parties  there  is  not  the  least  room  to  expect  —  And  East  Jersey  by  N°  15 
annexed  to  the  Memorial  page  45,  has  offered  above  fifteen  Months  ago,  in  the  most  publick 
manner,  to  give  unquestionable  security,  to  pay  their  half  of  the  Charge  of  obtaining  and 
executing  his  Majesty's  Commission  for  settling  the  bounds  pursuant  to  the  opinion  of  the  Lords 
of  Trade,  if  the  like  were  given  on  the  part  of  New  York,  which  to  this  day  they  have  never 
offered  to  give. 

JA  ALEXANDER. 
July  5lh  1755. 

Ord(red,  that  all  persons  concerned  in  the  passing  the  said  Bill,  be  at  liberty  to  take  copies.  of 
the  said  Reasons  and  of  the  Bill. 

A  Message  from  the  General  Assembly  by  Captain  Richard  and  Mr  Verplank  with  the  Bill 
Entitled,  "An  Act  to  prevent  the  Exportation  of  Provisions  Naval  and  Warlike  stores  from  the 
Colony  of  New  York  to  Cape  Breton,  or  to  any  other  the  Dominions  of  the  French  King  or 
places  at  present  in  possession  of  any  of  his  subjects"  acquainting  the  Council  that  the  General 
Assembly  have  passed  the  said  Bill  without  any  amendment. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Watts  with  the  Bill  Entitled, 
"An  Act  for  providing  for  several  services  necessary  towards  carrying  on  the  enterprize  of 
erecting  one  or  more  Forts  at  or  nigh  Crown  point,  and  other  purposes  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  and 

Ordered  a  second  reading. 

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

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled,  "An 
Act  to  enable  the  Creditors  of  Insolvent  Debtors,  who  are  willing  to  give  up  their  effects,  to 
dispose  of  the  same  for  tiie  benefit  of  the  creditors,  and  to  Release  the  said  Debtors  from 
Imprisonment  : 

The  Committee  having  gone  through  the  said  Bill 

The  Speaker  assumed  the  Chair. 


1755.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1207 

Mr  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. 

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  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  amendment. 

The  Council  adjourned  till  3  o  clock  P  M. 


Saturday,  the  5'   day  of  July,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH. 

The  Speaker  assumed  the  Chair. 
The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled,  "An 
Act  for  providing  for  several  services  necessary  towards  carrying  on  the  enterprize  of  erecting 
one  or  more  Forts  at  or  nigh  Crown  point  and  other  purposes  therein   mentioned:" 
The  Committee  having  gone  through  the  same 
The  Speaker  resumed  the  Ciiuir. 

Mr  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. 
Ordered  that  the  said  Bill  be  ivad  the  third  time. 
Then  the  said  Bill  was  read  the  third  time  and 
On  the  Question  being  put 
Rcsolccd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  Amendment. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  to 
the  General  Assembly  requiring  the  immediate  attendance  of  that  House  and  they  attending 
accordingly  with  their  Speaker 

His  Honour  in  presence  of  the  Council  and  General  Assembly  gave  his  Assent  to  the  six 
following  Bills  viz' 

An  Act  for  the  more  easy  Collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York 
and  for  Partition  of  Lands  in  order  thereto. 

An  Act  to  enable  the  Corporation  of  the  City  of  Albany  and  some  of  the  Justices  of  the 
peace  of  the  County  of  Albany  to  repair  the  Fortifications  of  the  said  City. 

An  Act  to  prevent  the  exportation  of  provisions  Naval  and  Warlike  Stores  from  the  Colony 
of  New  York  to  C;ipe  Breton  or  to  any  other  the  Dominions  of  the  French  King  or  places  at 
present  in  possession  of  any  of  his  subjects. 

An  Act  to  prohibit  the  sale  of  rum  or  any  other  strong  Liquors  to  any  Indian  or  Indians 
within  the  City  or  County  of  Albany,  excepting  at  the  trading  House  at  Oswego;  and  to  prevent 
the  buying,  exchanging  or  taking  in  pawn,  of  or  from  any  of  the  said  Indians,  any  arms, 
ammunition  or  clothing. 

An  Act  for  providing  for  several  services  necessary  towards  carrying  on  the  enterprize  of 
erecting  one  or  more  Forts  at  or  nigh  Crown  point,  and  other  purposes  therein  mentioned. 

An  Act  to  enable  the  Creditors  of  Insolvent  Debtors  who  are  willing  to  give  up  their  effects, 
to  dispose  of  the  same  for  the  benefit  of  the  Creditors  and  to  release  the  said  Debtors  from 
imprisonment 

After  which  the  same  were  published  and  his  Honour  was  pleased  to  direct  the  Speaker  of 
the  General  Assembly  to  adjourn  the  House  to  Tuesday  the  22d  Instant. 
The  Speaker  resumed  the  Chair. 
The  Council  adjourned  till  Tuesday  the  22d  Instant, 


1208  Journal  of  the  Legislative  Council  of  Neio  York. 

Tuesday,  the  22''  day  of  July,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  directed  the  Speaker  of  the  General  Assembly 
to  adjourn  the  House  to  Tuesday  the  fifth  day  of  August  next: 
The  Council  adjourned  to  the  same  day. 

Tuesday,  the  5"'  day  of  August,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Wednesday,  the  G'h  day  of  August,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Honour  the  Lieutenant 
Governor  in  the  words  following 

Gentlemen, 

I  have  again  called  you  together  sooner  than  I  expected.  The  defeat  of  the  Troops  under 
General  Braddock,  and  the  Retreat  of  the  whole  under  Col.  Dunbar,  make  it  necessary  for 
all  the  Colonies  to  take  vigorous  Measure  upon  this  Incident.  The  French  will  exult  on 
their  Victory,  their  Indians  will  be  more  insolent  than  ever,  and  ours  will  be  more  disheart'ned. 
The  French  will  endeavour  on  this  Occasion  to  improve  their  Interest,  and  to  make  deep 
Impressions  on  the  Minds  of  our  Indians  to  our  Disadvantage,  who  from  this  Instance  may  be 
persuaded  to  think  them  so  far  superior  to  us,  as,  out  of  Fear,  either  not  to  assist,  or  perhaps 
abandon  us.  This  View  of  our  Affairs,  calls  for  all  our  Attention  to  remove  the  Impression 
the  Disaster  may  cause,  and  to  prevent  the  bad  Consequences  that  may  flow  from  [it.]  And 
I  am  of  Opinion,  the  only  effectual  Method  to  abade  the  Pride  of  the  French,  curb  the 
Insolence  of  their  Indians,  and  confirm  and  animate  ours,  is  immediately  to  raise  more  Troops, 
to  support  and  reinforce  those  already  on  Foot.  We  have  the  Means,  under  God,  in  our  Power, 
let  us  then  with  Unanimity,  Spirit  and  Resolution,  exert  those  Means  he  has  put  into  our 
Hands,  in  the  Defence  of  our  Religion  from  Popery,  our  Persons  from  Slavery,  and  our 
Property  from  arbitrary  Power,.  The  Safety  and  Being  of  the  British  Colonies  are  near  a 
Crisis.  It  behoves  us,  therefore  to  take  right  Measures,  and  to  pursue  them  with  Steadiness 
and  Fortitude,  to  avert  the  Evils,  the  detestable  Evils,  which  Bondage  on  our  Minds,  Persons 


1755.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1209 

and  Estates,  carry  with  it.  The  Spirits  of  our  Troops  may  be  somewhat  damped,  by  the 
Accounts  of  the  unexpected  Defeat  near  the  Monongahela,  and  nothing  will  probably  tend 
more  to  re-animate  them,  than  our  proceeding  immediately  to  raise  an  additional  Number  of 
Men  to  join  them  ;  nor  can  any  Thing  be  more  effectual  to  confirm  our  Indians,  in  their 
Dependance  on  us,  than  to  shew  them  we  have  Strength  sufficient  to  protect  them,  to  defend 
ourselves,  and  to  chastise  our  ^Enemies.  Let  it  be  exerted  with  the  utmost  Vigour.  As  the 
Provincial  Troops  are  already  on  their  March,  any  Assistance  we  give  them  must  be  sent 
without  the  least  Delay  ;  and  therefore,  if  a  sufficient  Number  of  Volunteers  do  not  offer,  it 
is  necessary  Draughts  should  be  made,  that  the  Succours  be  dispatched  with  all  Speed. 

Gentlemen. 

We  are  now  in  such  a  Conjuncture  as  makes  it  necessary  to  have  the  Treasury  well  supplied, 
to  answer  any  Emergency  and  sudden  Call.  I  must  therefore  recommend  to  you  to  provide 
Funds  for  that  Purpose.  I  have  thought  of  the  three  following.  A  Poll  Tax  of  Ten  Shillings 
or  more,  on  every  Slave  from  fifteen  to  fifty  Years  of  Age  ;  an  Excise  upon  Tea  ;  and  a  Stamp 
Duty.  The  first  cannot  be  thought  heavy,  as  none  but  Persons  of  some  Substance  possess 
Slaves,  and  the  Tax  will  fall  equally  according  to  Mons  Abilities;  the  second  is  a  Tax  upon  a 
Superfluity  of  pernicious  Consequence  to  the  Healths  and  Purses  of  the  People,  and  therefore  a 
proper  Object  of  a  Tax;  and  the  third  will  be  so  diffused  as  to  be  in  a  Manner  insensible.  I 
would  have  you  take  these  Things  under  your  Consideration,  and  if  they  appear  insufficient 
for  the  Services  we  are  engaged  in,  I  must  earnestly  recommend  it  to  you,  to  make  an  Addition 
to  the  Tax  on  Estates  real  and  personal.  We  are  all  so  deeply  concerned  in  the  Operations  of 
this  Year,  that  I  persuade  myself  you  will  do  all  that  is  in  your  Power  to  give  a  happy  issue  to 

them. 

JAMES  DE  LANCEY. 

City  of  New  York 
the  5th  August,  1755. 

The  Council  adjourned  till  Monday  next  at  11  o  clock  in  the  morning. 


Monday,  the  II"1  day  of  August,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Cap'  Walton  with  the  Bill  Entitled, 
"An  Act  for  levying  four  hundred  effective  men,  officers  included,  to  reinforce  the  Army  destined 
to  Crown  point,  for  raising  the  sum  of  Ten  thousand  pounds  on  Estates  Real  and  personal,  for 
paying  and  subsisting  the  said  Forces  and  all  other  Incidents  requisite  in  the  said  service,  and 
for  making  current  Bills  of  Credit  to  the  amount  thereof  for  making  immediate  payment" 
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  till  the  afternoon  3  o  clock. 


Monday,  the  II"1  day  of  August,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entitled,  "  An  Act  for  levying  four  hundred  effective  men,  officers 
included,  to  reinforce  the  Army  destined  to  Crown  Point,  for  raising  the  sum  of  ten  thousand 
152 


1210  Journal  of  the  Legislative  Council  of  Neio  York. 

pounds  on  Estates  Real  and  Personal  for  paying  and  subsisting  the  said  Forces,  and  all  other 
incidents  requisite  to  the  said  service,  and  for  making  current  Bills  of  Credit  to  the  amount 
thereof  for  making  immediate  Payment,  be  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  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  Mr  Watts  and  Mr  Thomas  with  the  Bill  Entitled, 
"An  Act  to  revive  An  Act  EuMtled  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  with  some  alterations  thereto."  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  till  to  Morrow  Morning  11  o  clock. 


Tuesday  the  12"'  day  of  August,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono''!e  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Cornell  with  the  Bill  Entitled, 
"An  Act  further  to  continue  the  currency  of  the  Bills  of  Credit  emitted  by  virtue  of  An  Act 
Entitled  An  Act  for  emitting  Bills  of  Credit  for  the  payment  of  the  debts  and  the  better 
support  of  the  Government  of  this  Colony  and  other  purposes  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  and 

Ordered  a  second  Reading. 

The  Bill  Entitled.  "An  Act  to  revive  An  Act  Entitled,  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  with  some 
alterations  thereto,  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  having 
gone  through  the  same 

The  Speaker  resumed  the  Chair 

Mr  Holland  Reported  that  the  committee  had  gone  thro'  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. 

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  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  Amendment. 

The  Council  adjourned  till  to  morrow  afternoon  5  o  clock. 


1755.]  The  Hon.  James  De  Lancer/,  Esq :  Lieut.  Governor.  1211 

Wednesday,  the  13"'  day  of  August,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Uonolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cornell  and  Mr  Thomas  with  the  Bill  Entitled, 
"An  Act  for  selling  the  provisions  belonging  to  this  Colony  in  the  hands  of  Hans  Hansen  and 
John  Cuyler  Esq"  at  Albany"  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  till  3  o  clock  in  the  afternoon. 


Wednesday  the  13'*  day  of  August,  1755.     P.  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entitled,  "An  Act  for  selling  the  Provisions  belonging  to  this  Colony  in 
the  hands  of  Hans  Hansen  and  John  Cuyler  Esq"  at  Albany"  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  having 
gone  through  the  same 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  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  a  third  reading. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put. 

Rcsoh-cd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
ihf  said  Bill  without  any  Amendment. 
•  The  Council  adjourned  till  to  morrow  3  o  clock  P.  M. 


Thursday,  the  14"1  day  of  August,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoflle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  Deputy  Secretary  to  the  General  Assembly  requesting  the  immediate  attendance  of  that 
House.  And  the  House  attending  accordingly 

His  Honour  in  the  presence  of  the  Council  and  the  General  Assembly,  was  pleased  to  give 
his  Assent  to  the  two  following  Bills  viz' 


1212  Journal  of.  the  Legislative  Council  of  New  York.  [267'h  s"™' 

An  Act  to  revive  An  Act  Entitled,  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,  with  some  alterations  thereto." 

An  Act  for  selling  the  provisions  belonging  to  this  Colony  iu  the  hands  of  Hans  Hansen  and 
John  Cuyler  Esqrs  at  Albany. 

Then  the  said  Acts  were  published  as  usual  and  his  Honour  afterwards  directed  the  Speaker 
of  the  General  Assembly  to  adjourn  the  House  till  Tuesday  the  26lh  day  of  August  Instant. 
The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  the  26th  dny  of  August  inst1  accordingly.     And  then  met  and 
Adjourned  till  Thursday  the  28th  instant  at  11  o  clock. 


Thursday,  the  28'*  day  of  August,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Ho?wbu  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  the  first  day  of  September  next  at  11  o  clock. 


[  N.Y.  Col.  MSS.,  LXXXI.,  125.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY,  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  this  day  and  a 
sufficient  number  of  Members  not  appearing  to  proceed  upon  Business  I  have  thought  fit  with 
the  advice  of  his  Majesty's  Council  further  to  adjourn  and  I  do  by  these  Presents  further  adjourn 
the  said  General  Assembly  until  Monday  the  first  day  of  September  next,  then  to  meet  and 
proceed  upon  Business.  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  August  1755  in  the  twenty  ninth  year  of  his  Majesty's 
Reign. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command, 

Gw  BANYAR,  D  Sucnj. 

God  save  the  KING. 


1755.]  Sir  Charles  Hardy,  Knight,  Governor.  1213 

i 

Monday,  the  first  day  of  September,  1755. 

His  Honour  the  Lieutenant  Governor  having  been  pleased  by  Proclamation,  on  the  28th  day 
of  August  last  to  adjourn  the  General  Assembly  to  this  day 
The  Council  met  accordingly. 

PRESENT —  The  HonoljU  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Honour  the 
Lieutenant  Governor  which  being  read  is  in  the  words  following  viz' 

Gentlemen, 

I  have  thought  it  necessary  again  to  call  yon  together,  that  you  might  be  apprized  of  the 
Steps  taking  by  some  of  the  Governments  engaged  in  the  Expedition  set  on  Foot  to  remove 
the  French  from  their  Encroachments  on  his  Majesty's  Territories  to  the  Northward  of  Albany. 
I  send  you  Copies  of  Letters  I  received  from  General  Johnson,  with  Minutes  of  the  Councils  of 
War,  held  at  the  Great  Carrying  Place,  and  also  the  Intelligence  I  have  had  from  the  Govern 
ments  of  the  Massachusets  Bay  and  Connecticut,  hy  which  you  will  perceive,  that  the  Govern 
ment  of  the  Massachusets  Bay,  are  raising  Eight  Hundred  Men  to  re-inforce  the  Provincial 
Troops  under  Major  General  Johnson,  and  that  the  Colony  of  Connecticut,  are  raising 
Fifteen  Hundred  Men,  over  and  above  the  Five  Hundred  Governor  Fitch  was  before  impowered 
to  raise  by  a  Vote  of  that  Government.  The  Zeal  of  the  Colony  of  Connecticut  on  this  Occasion, 
cannot  be  sufficiently  applauded  ;  they  are  exerting  themselves  in  a  most  laudable  Manner,  for 
the  general  Benefit  of  all  the  British  Colonies,  even  to  the  utmost  of  their  Abilities,  as  to  the 
Expence  which  must  necessarily  grow  from  raising  and  supporting  the  Thousand  Men,  they 
now  have  with  Major  General  Lyman,  and  those  Two  Thousand  additional  Men  for  a  Reinforce 
ment  to  the  Provincials.  Upon  these  Considerations,  I  do  most  earnestly  recommend  it  to  you, 
to  take  Measures  suitable  to  this  Occasion.  It  would  be  a  most  sensible  Mortification  to  me, 
to  find  this  Province  backward  in  bearing  their  Share  in  a  Matter  so  nearly  touching  their 
Honour,  their  Interest,  and  Perhaps  their  Being.  This  Province  has  already  done  much  for  their 
Security,  and  contributed  their  full  Quota  to  the  first  Plan  of  the  Expedition.  Go  on  then  to 
accomplish  a  Work  already  begun  ;  exert  yourselves  so,  as  that  we  may  appear  with  Credit,  and 
that  we  may  by  the  Blessing  of  God,  have  reason  to  expect  a  happy  Issue  to  our  Undertakings, 
in  so  just  and  righteous  a  Cause. 

JAMES  DE  LANCEY. 
City  of  New  York 
1st  September  1755. 

The  Council  Adjourned  till  Wednesday  Morning  11  o  clock. 


Wednesday,  the  4"1  day  of  September,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoHe  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND, 
JOHN  CHAAIBERS,   Esq™. 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Charles  Hardy  Knight,  Captain  General  and  Governor  in  Chief  of  this 
Province  who  arrived  on  the  second  instant,  having  published  his  Majesty's  Commission  or 
Letters  Patent  to  him  yesterday,  sent  a  Message  this  day  by  the  Deputy  Secretary  to  the  Council 
which  being  read  is  in  the  words  following : 

Gentlemen, 

Mr  De  Lancey,  the  late  Commander  in  Chief,  hath  communicated  to  me  the  Message  and 
Intelligence,  he  lately  sent  you:  and  it  gives  me  the  greatest  Satisfaction  to  find  you  already  so 


1214  Journal  of  the  Legislative  Council  of  New  York.  [2 


«h 


far  engaged  in  a  Matter  in  which  his  Majesty's  Service,  and  the  Welfare  of  these  Colonies  is  so 
much  interested.  The  Chearfulness  and  Alacrity  with  which  you  have  granted  the  necessary 
Supplies,  for  this  important  Service,  are  the  most  convincing  Proofs  of  the  good  dispositions  of 
the  People  of  this  Province,  and  give  me  the  greatest  Hopes  that  you  will  upon  the  present 
Occasion,  (in  Concurrence  with  the  neighbouring  Colonies  engaged  with  you)  add  that  further 
Aid  and  Assistance  which  appears  so  necessary:  As  to  the  Manner  of  doing  it,  you  will  consider 
in  what  Way  the  State  and  Circumstances  of  this  Province  are  best  able  to  effect  it. 

The  Lieutenant  Governor  from  his  Attachment  to  his  Majesty's  Service,  and  the  great 
Knowledge  of  the  Country,  has  laid  this  Matter  before  you  in  a  Way,  that  leaves  me  nothing 
to  require,  but  that  you  would  proceed  with  the  utmost  Dispatch  on  the  Matters  recommended 
in  his  Message. 

CIIAa  HARDY. 

Fort  George  in  the  City  of  New  York 
the  4th  September  1755. 

The  Council  adjourned  till  Friday  afternoon  4  o  clock  . 


Friday,  the  sixth  day  of  September,  1755.  P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOHN  RUTHEKFURD, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Resolved,  that  an  humble  Address  be  presented  by  this  House  to  his  Excellency  Sir  Charles 
Hardy  Knight  Captain  General  and  Governor  in  Chief  of  this  Province,  heartily  to  congratulate 
him  on  his  safe  arrival;  to  express  their  sence  of  his  Majesty's  paternal  goodness  in  appointing, 
as  the  representative  of  his  Royal  person,  a  Gentleman  whose  universal  good  character' they 
look  on  as  a  sure  presage  of  the  faithful  discharge  of  that  important  trust,  and  to  assure  his 
Excellency  of  their  best  assistance  in  every  thing  conducive  to  the  service  of  our  Gracious 
Soveraign,  the  true  interest  of  his  Subjects  committed  to  his  care,  and  the  Honour  of  his  own 
Administration. 

Ordcnd,  that  Mr  Kennedy,  Mr  Rutherfurd,  and  Mr  Chambers  be  a  Committee  to  prepare  the 
draft  of  the  said  Address,  and  present  the  same  for  the  approbation  of  this  House  to  morrow 
afternoon. 

The  Council  adjourned  till  to  morrow  afternoon  3  o  clock. 


Saturday,  the  seventh  day  of  September,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Ilono''16  JAMES  ALEXANDER,  Esqr,  Speaker, 

EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  from  the  Committee  appointed  to  prepare  the  draft  of  an  Address  to  his 
Excellency  the  Governor  read,  and  then  delivered  the  same  in  at  the  Table,  when  the  same  was 
again  read,  and  being  agreed  to, 

Ordered,  that  the  said  Address  be  engrossed. 

The  Engrossed  Address  to  his  Excellency  the  Governor  was  read  and  the  Speaker  ordered  to 
sign  the  same 

Which  being  signed  accordingly 

Ordered,  that  Mr  Kennedy  and  Mr  Rutherfurd  do  wait  on  his  Excellency  the  Governor,  and 
desire  to  know  when  he  will  be  pleased  to  receive  the  Councils  Address. 


1755.]  Sir  Charles  Hardy,  Knight,  Grovernor.  1215 

A  Bill  Entitled,  An  Act  to  explain  An  Act  Entitled,  An  Act  to  prevent  infectious  Distempers 
being  brought  into  this  Colony,  and  to  hinder  the  spreading  thereof"  was  read  the  first  time 
and 

Ordered  a  second  reading. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 


Monday,  the  8'A  day  of  September,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono''le  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOHN  RUTHERFORD, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Kennedy  Reported  that  himself  and  Mr  Rutherford  hud  waited  on  his  Excellency  the 
Governor  and  desired  to  know  when  he  would  be  pleased  to  receive  the  Councils  Address,  and 
that  his  Excellency  had  been  pleased  to  appoint  this  day  at  12  o  clock. 

The  Speaker  left  the  Chair,  and  with 

The  Council  went  to  the  Fort  to  present  their  Address  to  his  Excellency  and  being  returned 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  Council  attended  his  Excellency,  and  presented  the  said 
Address  to  him,  his  Excellency  had  been  pleased  to  return  a  favourable  Answer  thereto,  which 
he  delivered  in  at  the  Table,  where  the  same  was  read. 

Ordered,  that  the  Address  and  his  Excellencys  Answer  thereto  be  entered  in  the  minutes 
which  are  as  follow  viz' 

To  his  Excellency  SIR  CHARLES  HARDY,  Knight,  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America,  and 
Vice  Admiral  of  the  same. 

The  humble  ADDRESS  of  the  Council  for  the  Province  of  New  York. 

May  it  please  your  Excellency, 

We  the  Council  for  the  Province  of  New  York,  heartily  congratulate  your  Excellency  on 
your  safe  arrival,  fully  sensible  of  his  Majesty's  Paternal  Goodness,  in  appointing,  as  the 
Representative  of  his  Royal  person,  a  Gentleman  whose  universal  good  character  we  look  on  as 
a  sure  presage  of  a  faithful  discharge  of  that  important  trust. 

From  our  duty  and  Loyalty  to  the  best  of  Kings,  our  regard  for  the  prosperity  of  the  people, 
and  our  sincere  inclination  to  render  your  Excellency  easy  and  happy  in  your  Government,  you 
may  rely  on  our  best  assistance,  in  every  thing  conducive  to  the  service  of  our  Gracious 
Soveraign,  the  true  interest  of  his  Subjects  under  your  care  and  the  honour  of  your  own 
administration. 

By  order  of  the  Council 

JA.  ALEXANDEE,  Speaker. 
City  of  New  York  the 
6th  of  September  1755. 

His  EXCELLENCY'S  Answer. 

Gentlemen  of  his  Majesty's  Council, 

I  return  you  my  hearty  thanks  for  your  kind  congratulation  on  my  appointment  to  this 
Government,  more  especially  as  it  is  expressed  in  Terms  of  such  Loyalty  to  his  Majesty's  person 
and  Government. 


1216  Journal  of  the  Legislative  Council  of  New  York.  [2eS  so8"™.' 

I  shall  esteem  myself  happy  in  being  able  to  promote  the  prosperity  of  the  Country  and 
happiness  of  the  people;  and  shall  readily  concur  with  you  in  every  measure  conducive  to  that 
good  end. 

CHAS  HARDY. 
Fort  George,  New  York 

September  8lh  175-5. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled,  An 
Act  to  explain  An  Act  Entitled,  An  Act  to  prevent  infectious  distempers  being  brought  into 
this  Colony  and  to  hinder  the  spreading  thereof:  After  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  Reported  that  the  Committee  had  gone  through  the  said  Bill,  and  added  a  clause 
thereto,  which  he  read  in  his  place,  and  then  delivered  the  Bill  with  the  Clause  in  at  the  Table, 
where  the  same  was  again  read,  and  being  agreed  to, 

Ordered  to  be  Engrossed. 

Tre  Council  adjourned  till  3  o  clock  P.  M. 


Monday,  the  8""  day  of  September,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono11'  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Engrossed  Bill  Entitled  An  Act  to  Explain  An  Act  Entitled,  An  Act  to  prevent  infectious 
distempers  being  brought  into  this  Colony  and  to  hinder  the  spreading  thereof,  was  read  the 
third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Holland  do  carry  the  said  Bill  to  the  General  Assembly  and  desire  their 
concurrence  thereto. 

A  Message  from  the  General  Assembly  by  Captain  Walton  and  Mr  Verplank  with  the  Bill 
Entitled,  "  An  Act  for  raising  the  sum  of  eight  thousand  pounds  to  be  contributed  to  the  Colony 
of  Connecticut  towards  the  expence  of  a  Reinforcement  of  two  thousand  effective  Men  now 
levying  in  the  said  Colony  for  the  Army  destined  against  Crown  point,  under  Major  General 
Johnson  and  for  emitting  Bills  of  Credit  to  the  amount  of  the  said  sum  of  eight  thousand  pounds 
for  making  immerliate  payment :  Desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap'  Richards  and  Mr  Watts  with  the  Bill  Entitled, 
"  An  Act  to  revive  An  Act  Entitled,  An  Act  to  oblige  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  proportion  toward  the  same"  Desiring  the  concur 
rence  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. 

Mr  Kennedy  moved  that  a  Bill  which  he  had  in  his  hand  Entitled,  "  An  Act  more  effectually 
to  restrain  the  exportation  of  Provisions  and  Warlike  stores  from  the  Colony  of  New  York" 
might  be  read. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  rending. 

The  Council  adjourned  til  to  Morrow  Morning  11  o'clock. 


1755.]  Sir  Charles  Hardy,  Knight,  Governor.  1217 

Tuesday,  the  9"'  day  of  September,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono™6  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOHN  RUTIIERFURD, 
EDWARD  HOLLAND,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled,  An  Act  more  effectually  to  restrain  the  Exportation  of  Provisions  and 
Warlike  Stores  from  the  Colony  of  New  York,  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Holland  Reported  that  the  Committee  had  gone  through  the  said  Bill,  and  made  several 
Amendments  thereto,  which  he  read  in  his  place,  and  then  delivered  the  Bill  with  the  Amendments 
in  ;it  the  Table  where  the  same  were  again  read  and  being  agreed  to 

Ordered,  that  the  Bill  with  the  Amendments  be  Engrossed. 

Ordered,  that  the  Bill  Entitled,  An  Act  for  raising  the  sum  of  Eight  thousand  pounds  to  he 
contributed  to  the  Colony  of  Connecticut  towards  the  expence  of  a  Reinforcement  of  two 
thousand  effective  men  now  levying  in  the  said  Colony  for  the  Army  destined  against  Crown 
point  under  Major  General  Johnson,  and  for  emitting  Bills  of  Credit  to  the  amount  of  the 
said  sum  of  eight  thousand  pounds  for  making  immediate  payment,  be  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered  to  be  committed. 

Then  the  Speaker  left  the  Chair,  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House,  on  the  said  Bill  and 
having  gone  through  the  same 

The  Speaker  resumed  the  Chair  and 

Mr  Holland  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  the  Bill 

Ordircd  a  third  reading. 

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  proportion 
towards  the  same"  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and 
having  gone  through  the  same 

The  Speaker  resumed  the  Chair  and 

Mr  Holland  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  &  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  to  Morrow  Morning  1 1  o  clock. 


153 


1218  Journal  of  the  Legislative  Council  of  New  York. 


Wednesday,  the  10'A  Jay  of  September,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honu'le  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOHN  HUTHERFUKD,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Richard  and  Mr  Thomas  with  the  Bill 
Entitled,  An  Act  to  explain  An  Act  Entitled,  An  Act  to  prevent  Infectious  Distempers  being 
brought  into  this  Colony,  and  to  hinder  the  spreading  thereof,  acquainting  the  Council 
that  the  General  Assembly  have  passed  the  said  Bill  without  any  amendment. 

A  Bill  Entitled,  An  AcC  to  explain  part  of  a  clause  of  An  Act  Entitled,  An  Act  for  paying 
and  subsisting  eight  complete  Companies  of  one  hundred  effective  men  each,  officers  included, 
to  assist  in  conjunction  with  the  neighbouring  Colonies  in  erecting  one  or  more  Forts  nigh 
Crown  point  within  his  Majesty's  Dominions,  for  raising  the  sum  of  Ten  thousand  pounds  for 
and  towards  the  said  service,  and  for  making  current  Bills  of  Credit  to  the  amount  thereof,  and 
other  the  purposes  therein  mentioned,  was  read  the  first  time  and 

Ordered  a  second  reading. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered,  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Hoismanden  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  a  third  reading. 

The  Engrossed  Bill  Entitled,  An  Act  more  effectually  to  restrain  the  exportation  of  Provisions 
and  Warlike  stores  from  the  Colony  of  New  York;  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  Bill  do  pass. 

Ordered,  that  Mr  Horsmanden  do  carry  the  Bill  to  the  General  Assembly  and  desire  their 
concurrence. 

Ordered,  that  the  Bill  Entitled,  "An  Act  for  raising  the  sum  of  eight  thousand  pounds  to  be 
contributed  to  the  Colony  of  Connecticut  towards  the  expence  of  a  Reinforcement  of  two 
thousand  effective  men  now  levying  in  the  said  Colony,  for  the  Army  destined  against  Crown 
point,  under  Major  General  Johnson,  and  for  emitting  Bills  of  Credit  to  the  amount  of  the  said 
sum  of  eight  thousand  pounds,  for  making  immediate  payment"  be  now  read  the  third  time. 

Then  the  said  Bill  was  Read  the  third  time  and 

On  the  Question  being  put 

Resohrd,  that  the  said  Bill  do  pass. 

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  proportion 
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  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  amendment. 

The  Engrossed  Bill  Entituled,  An  Act  to  explain  part  of  a  Clause  of  An  Act  entitled,  An 
Act  for  paying  and  subsisting  eight  complete  companies  of  one  hundred  effective  men  each, 
officers  included,  to  assist  in  conjunction  with  the  neighbouring  Colonies  in  erecting  one  or  more 
Forts  nigh  Crown  point  within  his  Majesty's  Dominions;  for  raising  the  sum  of  ten  thousand 
pounds  for  and  towards  the  said  service,  and  for  making  current  Bills  of  Credit  to  the  amount 
thereof,  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  Bill  do  pa&s. 


1755.]  Sir  Charles  Hardy,  Knight,  Governor.  1219 

Ordered,  that  Mr  Rutherfurd  do  carry  the  said  Bill  to  the  General  Assembly,  and  desire  their 
concurrence  thereto. 

The  Council  adjourned  til  to  Morrow  Morning  11  o  clock. 


Thursday,  the  11"'  day  of  September,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 
DANIEL  HOESMANDEN, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Lot  and  Mr  Le  Conte  with  the  Bill 
Entitled,  An  Act  to  explain  part  of  a  clause  of  An  Act  entitled,  An  Act  for  paying  and 
subsisting  eight  complete  Companies  of  one  hundred  effective  men  each,  officers  included,  to 
assist  in  conjunction  with  the  neighbouring  Colonies  in  erecting  one  or  more  Forts  nigh  Crown 
point  within  his  Majesty's  Dominions  ;  for  raising  the  sum  of  ten  thousand  pounds  for  and 
towards  the  said  service,  and  for  making  current  Bills  of  Credit  to  the  amount  thereof,  and 
other  the  purposes  therein  mentioned  acquainting  the  Council  that  the  General  Assembly 
have  passed  the  said  Bill  without  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Mr  Thomas  with  the  Bill  entitled, 
An  Act  more  effectually  to  restrain  the  Exportation  of  Provisions  and  Warlike  Stores  from  the 
Colony  of  New  York;  acquainting  the  Council  that  the  General  Assembly  have  passed  the  Bill 
without  any  amendment. 

His  Excellency  the  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by  the 
Deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly  :  and  the  House 
attending  accordingly 

His  Excellency  in  the  presence  of  the  Council  and  General  Assembly  gave  his  assent  to  five 
Bills  prepared  for  it,  the  Titles  whereof  are  as  follow  viz' 

An  Act  for  raising  the  sum  of  eight  thousand  pounds  to  be  contributed  to  the  Colony  of 
Connecticut  towards  the  expence  of  a  Reinforcement  of  two  thousand  effective  men  now 
levying  in  the  said  Colony,  for  the  Army  destined  against  Crown  point,  under  Major  General 
Johnson  ;  and  for  emitting  Bills  of  Credit  to  the  amount  of  the  said  sum  of  eight  thousand 
pounds,  for  making  immediate  payment. 

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 
aud  poor  of  the  said  City  to  pay  their  due  proportion  towards  the  same. 

An  Act  to  explain  An  Act  entitled,  An  Act  to  prevent  infectious  Distempers  being  brought 
into  this  Colony  and  to  hinder  the  spreading  thereof. 

An  Act  to  explain  part  of  a  clause  of  An  Act  entitled,  An  Act  for  paying  and  subsisting 
eight  complete  companies  of  one  hundred  effective  men  each,  officers  included,  to  assist  in 
conjunction  with  the  neighbouring  Colonies  in  erecting  one  or  more  Forts  nigh  Crown  point 
within  his  Majesty's  Dominions,  for  raising  the  sum  of  Ten  thousand  pounds  for  and  towards 
the  said  service,  and  for  making  current  Bills  of  Credit  to  the  amount  thereof  and  other  the 
purposes  therein  mentioned. 

An  Act  more  effectually  to  restrain  the  Exportation  of  Provisions  and  Warlike  stores  from 
the  Colony  of  New  York. 

After  which  the  said  Acts  were  published  in  the  usual  manner :  And  his  Excellency  the 
Governor  was  pleased  to  say,  He  thought  it  for  his  Majesty's  service  that  the  General  Assembly 
be  prorogued  to  Tuesday  the  thirtieth  day  of  September  instant  and  that  he  did  accordingly 
prorogue  the  General  Assembly  of  this  province  to  that  day. 


1220  Journal  of  the  Legislative  Council  of  New  York. 


[  N.  Y.  Col.  MS8.  LXXXI.,  157.  ] 

BY  HIS  EXCELLENCY 

SIR  CHARLES  HARDY  Knight,  Captain   General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)     Province  of  New    York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  this  day.  I  have 
thought  fit  with  the  advice  of  his  Majesty's  Council  further  to  prorogue  and  I  do  by  virtue  of 
the  Power  and  Authority  to  me  given  by  his  Majesty  further  prorogue  the  said  General  Assembly 
to  Tuesday  the  fourteenth  day  of  October  next  then  to  meet  to  proceed  upon  Business  of  which 
all  his  Majestys  subjects  concerned  therein  are  required  to  take  Notice  and  govern  themselves 
accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  the  City  of  Albany  the  thirtieth  day 
of  September  1755  in  the  twenty  ninth  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. 

CHAS  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR  D.  Secry 

God  save  the  KING. 


[  N.  Y.  Col.  MS8.,  LXXXI.,  170. ) 

BY  HIS  EXCELLENCY 

SIR  CHARLES  HARDY  Knight,  Captain  General  and  Governor  in  Chief  in  and   over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  the  fourteenth  day 
of  October  Instant  I  have  thought  fit  for  his  Majesty's  service  further  to  prorogue  and  I  do  with 
the  advice  of  his  Majesty's  Council  hereby  further  Prorogue  the  said  General  Assembly  to 
Tuesday  the  fourth  day  of  November  next  then  to  meet  to  Proceed  upon  Business.  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  the  City  of  Albany  the  sixth  day  of 
October  1755  in  the  twenty  ninth  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. 

CHAS  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Secry 

God  save  the  KING. 


1755.]  Sir  Charles  Hardy,  Knight,  Governor.  1221 

[N.  T.  CoL  MSS.,  LXXXI.,  173.1 

BY  HIS  EXCELLENCY 

SIR  CHARLES  HARDY  Knight,  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s )     Province  of  New  York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  the  fourth  day  of 
November  next.  I  have  thought  fit  for  his  Majesty's  service  further  to  prorogue,  and  I  do  with 
the  advice  of  his  Majesty's  Council  hereby  further  prorogue  the  said  General  Assembly  to 
Tuesday  the  eighteenth  day  of  November  next  ensuing  then  to  meet  to  proceed  upon  Business : 
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  the  City  of  Albany  the  twenty  seventh 
day  of  October  1755  in  the  twenty  ninth  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  &ca. 

CHA8  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR  D  SScry. 

God  save  the  KING. 


t  N.  Y.  Col.  MSS.,  LXXXII.,  8.] 

BY  HIS  EXCELLENCY 

SIR  CHARLES  HARDY  Knight,  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  the  eighteenth  day  of 
November  Instant.  I  have  thought  fit  for  his  Majesty's  service  further  to  prorogue  and  I  do  with 
the  Advice  of  his  Majesty's  Council  hereby  further  prorogue  the  said  General  Assembly  to 
Tuesday  the  second  day  of  December  next  then  to  meet  to  proceed  upon  Business  Of  which  all 
his  Majestys  Subjects  concerned  therein  are  required  to  take  Notice  and  Govern  themselves 
accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  the  City  of  Albany  the  tenth  day  of 
November  1755  in  the  twenty  ninth  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  &ca. 

CHA8  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Secry 

God  save  the  KING. 


1222  Journal  of  the  Legislative  Council  of  New  York. 

TWENTY-SEVENTH  ASSEMBLY    SEVENTH  SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York 
begun  and  holden  at  the  City  Hall  in  the  City  of  New  York  on  Tuesday  the  Second 
day  of  December  1755  in  the  twenty  ninth  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  Sfc. 

His  Excellency  Sir  Charles  Hardy  Knight,  Captain  General  and  Governor  in  Chief  of  this 
Province  having  by  sundry  proclamations  prorogued  the  General  Assembly  from  the  30lh  day  of 
September  last  to  this  day 

The  Council  met  accordingly. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Wednesday,  the  third  day  of  December,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honolle  ARCHIBALD  KENNEDY,  Speaker,  Esqr, 

JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Excellency  the  Governor  being  come  to  the  Council  Chamber  sent  a  Message  to  the 
General  Assembly  requiring  the  immediate  attendance  of  that  House. 

And  the  General  Assembly  attending  accordingly  with  their  Speaker 

His  Excellency  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,  and  then  returned  to  the  Fort  attended  as  usual. 

The  Speaker  resumed  the  Chair 

Ordered,  that  his  Excellencys  Speech  be  read. 

Then  the  same  was  read  and 

Ordered  to  be  entered  and  is  as  follows 

Gentlemen  of  the  Council,  and  General  Asaemlbj, 

His  Majesty  having  been  pleased  by  his  royal  Commission,  to  constitute  me  his  Captain 
General  and  Governor  in  Chief  of  this  Province,  my  departure  from  England  was  no  longer 
delayed  than  in  making  the  necessary  Preparations  for  it.  Upon  my  Arrival  I  found  this  and 
several  other  of  his  Majesty's  Colonies  chearfully  engaged  in  an  Expedition  for  removing  the 
French  Encroachments  at  Crown-Point,  and  soon  after  received  an  Account  of  the  Action,  on 
the  8th  of  September  last,  between  the  Provincial  Forces  under  the  Command  of  Major  General 
Johnson,  and  the  Forces  under  the  French  General  the  Baron  de  Dieskau,  in  which  the  latter 
were  repulsed,  and  himself  taken. 


1755.]  Sir  Charles  Hardy,  Knight,  Governor.  1223 

On  the  fourteenth  I  embarked  for  Albany,  to  reside  there  during  the  further  Prosecution  of 
this  Design,  that  I  might  be  nearer  at  Hand  to  render  every  Assistance  in  my  Power  to  promote 
the  Success  of  it,  which  I  am  sorry  is  not  equal  to  the  Expectations  we  flattered  our  selves  with. 

Two  Forts  have  been  erected  by  the  Army,  one  at  the  Great-Carrying-Place  on  Hudson's 
River,  and  the  other  at  the  South  End  of  Lake  George.  These  Forls  will  not  only  facilitate 
any  further  Attempt  against  the  Enemy  on  that  Quarter,  but  if  properly  maintained  and 
garrisoned,  tend  greatly  to  the  Security  of  the  Country.  Before  I  left  Albany  Measures  were 
concerted,  for  placing  Garisons  in  them,  and  Commissioners  in  the  Behalf  of  this  Province, 
the  Province  of  Massachusets-Bay,  and  the  Colony  of  Connecticut,  are  gone  to  the  Camp  to 
settle  every  Thing  relative  to  the  Garuons,  and  when  fixed,  to  discharge  the  Rest  of  the 
Forces,  conformable  to  an  Agreement  which  with  other  Papers  necessary  for  your  Information, 
I  shall  order  to  be  laid  before  you. 

Gentlemen, 

I  am  commanded  by  his  Majesty  to  recommend  to  you,  in  his  Name,  without  Delay  to 
consider  of  a  proper  Law  to  bf  passed  for  selling  a  permanent  Revenue  upon  a  solid  Foundation, 
for  defraying  the  necessary  and  established  Charges  of  Government;  taking  Care  that  such  Law 
be  indefinite  without  Limitation  of  Time,  and  that  Provision  be  made  therein  for  a  competent 
Salary  to  the  Captains  General  and  Governors  in  Chief,  of  this  his  Majesty's  Province,  and 
likewise  for  competent  Salaries  to  all  Judges,  Justices,  and  other  necessary  and  usual  Officers 
and  Ministers  of  Government,  and  also  for  a  certain  permanent  Fund  for  repairing  and 
maintaining  the  Fortifications,  for  making  annual  Presents  to  the  Indians,  and  for  the  other 
contingent  Expences  attending  that  Service;  and  in  general  for  all  such  other  Ciiarges  of 
Government  as  may  be  fixed  or  ascertained. 

As  the  Act  to  regulate  the  Militia  of  this  Colony  will  expire  by  its  own  Limitation  on  the 
19th  Day  of  Feb.  next,  I  must  recommend  to  you,  the  continuing  of  that  useful  Law,  with 
such  Alterations  or  Amendments  as  may  appear  to  you  to  be  necessary. 

Gentlemen  of  the  General  Assembly, 

From  my  short  Residence  in  this  Province,  it  cannot  bo  expected  I  should  point  out  to  you 
any  new  Funds  for  raising  the  necessary  Supplies.  You  will  consider  of  the  Revenue  his 
Majesty  demands  of  you  for  the  Support  of  his  Government,  and  if  the  Funds  heretofore 
established  lor  this  Service  appear  insufficient,  you  will  fall  upon  such  others,  as  will  effectually 
answer  his  Majesty's  just  Expectations.  I  shall  only  recommend  to  you  to  avoid  as  much  as 
possible  the  laying  any  further  Impositions  on  Trade,  upon  the  Encouragement  of  which  the 
Prosperity  of  every  trading  Country  principally  depends. 

As  the  two  Forts  built  by  the  Provincial  Forces  are  to  be  garrisoned  by  a  Proportion  of  the 
Troops  raised  by  each  Government,  I  must  recommend  it  to  you  to  provide  your  Quota  of  that 
Expence,  and  also  for  the  Payment  of  what  is  still  due  to  the  Troops,  and  such  contingent 
Charges  as  have  arisen  in  the  Course  of  this  Service. 

Gentlemen  of  the  Council,  and  General  Assembly, 

His  Majesty  ever  zealous  in  promoting  the  Happiness  of  his  People,  is  taking  such  Measures 
to  vindicate  the  Honour  of  his  Crown,  and  for  the  Defence  of  his  undoubted  Right  and 
Dominion,  as  must  excite  in  all  his  Subjects  the  highest  Sentiments  of  Duty  and  Gratitude;  and 
as  from  the  present  critical  Conjuncture  of  Affairs,  a  Rupture  with  France  may  be  soon  expected, 
and  the  French,  even  at  this  Time,  are  using  strong  Efforts  to  distress  these  Colonies,  it  behoves 
every  one  to  exert  himself  to  the  utmost  of  his  Ability.  I  shall  not  therefoie  doubt  of  your 
enabling  me  to  enter  into,  and  pursue  such  Measures,  as  shall  appear  necessary  for  our  own,  and 
the  Defence  of  all  his  Majesty's  Colonies,  the  Prosperity  of  which  I  hope  in  the  Course  of  my 
Administration  to  convince  you,  I  have  most  warmly  at  Heart. 

CHAS  HARDY. 

Fort  George  New  York 
3d  December  175-5. 

Ordered,  that  his  Excellency's  Speech  be  forthwith  printed. 

Mr  Horsmanden  moved  tlm 
returning  him  thanks  for  his 
the  happiness  of  all  his  Subj,  _ 

they  have  reason  to  hope  for  sucli  further  assistance  as  may  disappoint  all  the  efforts  of  the 
French  and  remove  them  from  their  Encroachments. 

That  they  are  sensible  the  Forts  erected  towards  Crown  point  will  be  of  great  utility. 

To  express  their  warmest  sentiments  of  Gratitude  for  his  early  Resolution  of  embarking  for 
Albany  upon  Intelligence  of  an  Action  at  Lake  George,  before  Information  of  the  event,  and 
his  determination  of  residing  there  to  be  near  at  hand  to  render  every  service  in  his  power  to 
promote  the  expedition,  and  protect  the  Frontiers,  and  for  his  services  done  there.  And  to 


1224  Journal  of  the  Legislative  Council  of  New  York.  [2^  £££• 

assure  his  Excellency  that  this  House  will  exert  themselves  in  the  service  of  their  King  and 
Country  and  endeavour  to  their  utmost  to  render  his  Administration  easy  to  himself  and  happy 
to  the  people. 

Resolved,  that  an  humble  Address  be  presented  accordingly. 

Ordered,  that  Mr  Horsmanden  Mr  Murray  and  Mr  Chambers  be  a  Committee  to  prepare  the 
Draft  of  the  said  Address. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Thursday,  the  4'*  day  of  December,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOHN  RDTHERFURD, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Horsmanden  from  the  Committee  appointed  to  prepare  the  Draft  of  an  Address  to  his 
Excellency,  read  the  same,  and  then  delivered  the  Draft  in  at  the  Table,  where  the  same  was 
again  read,  and 

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

Ordered,  that  the  said  Address  be  engrossed. 

The  engrossed  Address  to  his  Excellency  the  Governor  was  read  and  approved  of,  and  the 
Speaker  ordered  to  sign  the  same,  which  he  signed  accordingly. 

Ordered,  that  Mr  Horsmanden  and  Mr  Murray  do  wait  on  his  Excellency  to  know  when  he 
will  be  pleased  to  receive  the  Councils  Address. 

The  said  Gentlemen  being  returned  reported  that  they  had  waited  on  his  Excellency,  and 
delivered  the  said  Message,  and  that  he  was  pleased  to  appoint  to  Morrow  morning  11  o  clock 
at  Fort  George. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Fry  day,  the  fifth  day  of  December,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOHN  EUTHERFCRD, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  went  to  the  Fort  to  present  their  Address  to  his  Excellency  and  being  returned 

The  Speaker  resumed  the  Chair,  and  Reported  that  the  Council  having  attended  his  Excellency 
with  their  Address  and  presented  the  same  His  Excellency  had  been  pleased  to  return  a 
favourable  answer  thereto,  which  was  read. 

Ordered,  that  the  Address  and  Answer  be  entered  in  the  Minutes  which  are  as  follow 


1755.]  Sir  Charles  Hardy,  Knight,  Governor.  1225 

To  his  Excellency  Sir  CHARLES  HARDY  Knight,  Captain  General  and  Governor  in  Chief  in  and 
over  the  province  of  New  York  and  the  Territories  depending  thereon  in  America  and 
Vice  Admiral  of  the  same. 

The  humble  ADDRESS  of  the  Council  of  the  province  of  New  York. 

May  it  please  your  Excellency, 

We  his  Majesty's  most  dutifull  and  loyal  subjects  the  Council  for  the  Province  of  New  York, 
return  your  Excellency  our  hearty  thanks  for  your  Speech. 

We  have  a  just  sense  of  his  Majesty's  attention  to  the  happiness  of  all  his  Subjects,  and  with 
hearts  full  of  Gratitude  acknowledge  his  particular  care  of  us  his  remote  Subjects  in  America: 
And  have  reason  to  hope  his  Majesty,  who  has  already  shewn  his  concern  for  the  defence  of  his 
own  undoubted  Rights,  and  his  tender  regard  for  the  protection  of  his  People  in  these  parts, 
will  be  pleased  to  send  us  such  further  assistance  as  may  disappoint  all  the  Efforts  of  the 
French,  and  remove  them  from  the  Encroachments  they  have  made  upon  his  Territories. 

The  Forts  that  have  been  erected  at  the  Carrying  place  on  Hudson's  River,  and  at  the  South 
end  of  Lake  George,  We  are  fully  convinced  will  not  only  facilitate  any  future  attempt  against 
the  common  Enemy  in  that  Quarter,  and  tend  to  the  security  of  these  Northern  Counties,  but 
may  also  serve  as  places  of  Retreat  and  Shelter  to  such  parties  as  may  be  sent  out  to  annoy  the 
French,  and  return  on  them  that  kiud  of  War,  which  they  have  barbarously  carried  on  against 
the  people  of  these  Colonies. 

Your  Excellency's  early  determination  of  embarking  for  Albany  upon  Intelligence  of  some 
Action  that  had  happened  at  Lake  George,  before  you  were  informed  of  the  Event:  Your 
Resolution  of  residing  there  to  be  near  at  Hand  to  render  every  assistance  in  your  power  to 
promote  the  Expedition  and  protect  the  Frontiers  ;  fill  our  Hearts  with  the  warmest  sentiments 
of  Gratitude.  And  your  Excellency's  Vigilance  and  Services  done  there  by  your  personal 
presence,  demand  our  most  sincere  acknowledgments,  and  give  us  the  fullest  assurance,  that 
your  Excellency's  administration  will  continue  to  demonstrate  you  have  the  Prosperity  of  this 
Country  warmly  at  Heart. 

We  assure  your  Excellency  we  will  on  all  occasions  exert  our  utmost  Abilities  for  the  service 
of  our  King  and  Country,  and  to  render  your  administration  easy  to  your  self,  and  happy  to  the 
people  committed  to  your  charge. 

By  order  of  the  Council 

JAMES  ALEXANDER,  Speaker. 
City  Hall  New  York 
4lh  December  1755. 

To  which  his  Excellency  was  pleased  to  return  the  following  Answer 

Gentlemen, 

I  return  you  thanks  for  yonr  kind  Address.  The  just  sense  you  express  of  his  Majesty's 
Attention  to  the  happiness  of  all  his  Subjects  cannot  but  be  acceptable  to  him. 

His  Majesty's  early  care  of  his  subjects  in  America  leaves  no  room  to  doubt  of  such  further 
Assistance  as  may  be  necessary  to  remove  the  French  from  their  Encroachments  and  secure  the 
future  Tranquility  of  these  Colonies. 

I  am  obliged  to  you  for  the  favourable  sentiments  you  entertain  of  me  from  my  endeavours 
for  the  publick  service,  and  you  may  be  assured  the  true  Interest  and  prosperity  of  this  Province 
shall  be  my  constant  care  and  attention. 

CHARLES  HARDY. 
Fort  George  New  York 

5lh  December,  1755. 

Ordered,  that  the  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Tuesday  the  sixteenth  Inst  at  3  o  clock  P.  M. 

154 


1226  Journal  of  the  Legislative  Council  of  New  York.  [7th  I^Z!' 

Tuesday,  the  16'*  day  of  December,  1755.     P.M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Le  Conte  and  Mr  Miller,  with  the  Bill  Entituled 
[An  Act  to  continue  An  Act  intitled,  An  Act  for  regulating  the  Militia  of  the  Colony  of  New 
York  with  some  additions  thereto]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Colonel  Beekman  and  Colonel  Philipse  with  the 
Bill  Entituled  [An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed 
in  the  Colony]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col°  Lott  and  Mr  Cornell  with  the  Bill  Entituled, 
[An  Act  further  to  continue  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]  desiring  the 
concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap'  Walton  and  Mr  Watts  with  the  Bill  entituled 
[An  Act  for  the  Relief  of  Insolvent  debtors  with  respect  to  the  imprisonment  of  their  persons 
in  the  Cities  of  New  York  and  Albany]  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bills  be  read. 

Then  the  said  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  afternoon  3  o  clock. 


Wednesday,  the.  17'*  day  of  December,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  his  Excellency  the  Governor  by  Mr  Banyar  Deputy  Secretary  in  the  words 
following : 


••6 


Gentlemen, 

I  send  you  a  Letter  with  several  Affidavits  and  other  Papers,  which  I  received  Yesterday  from 
Coll0  Dekey  by  Express,  from  whence  it  appears,  that  the  Indians  infesting  the  Northern  Parts 
of  Pennsylvania,  near  the  River  Delaware,  have  lately  murdered  several  Persons,  and  Burnt  the 
Houses  within  a  few  Miles  of  the  Settlements  in  this  Province,  and  New-Jersey.  Upon  Advice 
some  Days  since,  that  they  had  appeared  in  Minisink,  I  ordered  a  Detachment  of  Thirty  Men, 
from  each  of  the  Regiments  in  Orange  County,  and  Sixty  from  Ulster,  to  march  to  the  Frontier 
in  order  to  protect  the  Settlers,  and  prevent  thorn  from  deserting  their  Habitations.  The 
Detachment  of  Col.  Dekey's  Regiment  is  already  marched,  and  I  expect  the  others  will  soon 
follow,  which  I  hope  (in  Conjunction  with  those  of  New  Jersey)  will  prove  a  sufficient  Force  to 
repel  the  Enemy  ;  if  not,  the  Detachments  are  to  be  augmented  as  shall  be  found  necessary. 
This  Duty  will  fall  very  unequally  on  the  People  by  being  confined  to  the  Militia  of  those 
two  Counties,  who  besides  their  own  personal  Service,  must  furnish  themselves  with  Provisions 
and  Ammunition;  an  Expence  which  some  of  them  are  unable  to  bear.  I  therefore  recommend 
it  to  you,  to  make  a  suitable  Allowance  to  all  such  as  shall  be  ordered  upon  this  Service,  that 
the  Militia  may  not  be  backward  for  Want  of  proper  Encouragement;  and  also  to  enable  me,  to 
take  the  necessary  Measures  for  the  Defence  of  the  Frontiers,  according  to  the  Intelligence  I 
mav  receive  from  Time  to  Time. 


1755.]  Sir  Charles  Hardy,  Knight,  Governor.  1227 

You  will  perceive  by  several  other  Papers  I  now  send  you  relative  to  the  garisoning  Fort- 
Edward  and  Fort- William-Henry,  that  the  Quota  of  Men  to  be  furnished  by  this  Province  is  not 
yet  complete  These  Forts  are  of  such  Importance,  that  I  must  recommend  the  preparing  a 
Bill  for  draughting  Men  out  of  the  Militia  of  the  neighbouring  Counties,  if  a  sufficient  Number 
of  Volunteers  do  not  offer  for  this  Service. 

CHAS  HARDY. 
Fort-George,  New- York, 
Decent  ]G,  1755 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Cruger  with  the  Bill  entituled, 
[An  Act  for  impowering  Justices  of  the  peace  to  hold  pleas  of  all  causes  of  the  value  of  Five 
Pounds  and  under  and  for  repealing  the  two  Acts  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  and 

Ordered  a  second  reading. 

Ordered,  that  the  four  following  Bills  be  now  read  the  second  time  (viz') 

The  Bill  Entituled  [An  Act  to  continue  An  Act  intituled,  An  Act  for  regulating  the  Militia 
of  the  Colony  of  New  York  with  some  addition  thereto.] 

The  Bill  Entituled  [An  Act  to  regulate  the  Collecting  the  Duty  of  Excise  on  Strong  Liquors 
retailed  in  this  Colony.] 

The  Bill  Entituled  [An  Act  further  to  continue  the  currency  of  the  Bills  of  Credit  emitted 
by  virtue  of  An  Act  intituled,  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  Relief  of  Insolvent  debtors  with  respect  to  the  imprison 
ment  of  their  persons  in  the  Cities  of  New  York  and  Albany.] 

Then  the  said  four  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Fryday  next  at  3  o  clock  in  the  Afternoon. 


Frydaij,  the  19'4  day  of  December,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Cap' Winne  and  Mr  Thomas  with  the  Bill  entituled, 
[An  Act  further  to  continue  An  Act  entituled.  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  De  Pue  and  Captain  Winne  with  the  Bill 
intituled,  [An  Act  for  the  better  cleaning  mending  and  further  laying  out  publick  High  Roads, 
and  others,  in  the  County  of  Ulster]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Coli°  Gale  and  Mr  Snedeker  with  the  Bill  Entituled, 
[An  to  revive  An  Act  entituled,  An  Act  to  prevent  damages  by  Swine  in  the  County  of 
Orange  and  some  parts  of  Ulster  County,  and  for  repealing  allot  her  acts  concerning  the  same 
within  the  said  County  of  Orange  with  some  additions]  desiring  the  concurrence  of  the  Council 
thereto. 

Then  the  said  three  Bills  were  read  the  first  time  and 

Ordered,  a  second  reading. 

Ordered,  that  the  Bill  entituled,  [An  Act  for  impowering  Justices  of  the  peace  to  hold  pleas 
of  all  causes  of  the  value  of  Five  pounds  and  under  and  for  repealing  the  two  Acts  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 


1228  Journal  of  the  Legislative  Council  of  New  York.  [27,S  fSIT.' 

The  Council  resolved  into  a  Committee  of  the  whole  House  on  the  Bill  entituled,  [An  Act  to 
regulate  the  collecting  the  duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Holland  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,  and  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  3  o  clock  to  morrow  afternoon. 


Saturday,  the  2Q"1  day  of  December,  1755.   P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Hojiourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for 
granting  to  his  Majesty  the  several  duties  and  Impositions  on  the  Goods  Wares  and  Merchandizes 
imported  into  this  Colony  therein  mentioned]  be  now  read  the  second  time. 

Then  the  said  Bill  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  reasumed  the  Chair  and 

Mr  Holland  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  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. 

Ordend,  that  the  Bill  entituled,  [An  Act  to  regulate  the  Collecting  the  duty  of  Excise  on 
Strong  Liquors  retailed  in  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  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled, 
[An  Act  for  the  relief  of  Insolvent  Debtors  with  respect  to  the  Imprisonment  of  their  persons 
in  the  Cities  and  Counties  of  New  York  and  Albany]  and  after  some  time  spent  therein 

The  Speaker  reasumed  the  Chair  and 

M'  Chambers  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  the  better  clearing  mending  and  further  laying 
out  publick  high  roads  and  others  in  the  County  of  Ulster]  and 

The  Bill  Entituled,  [An  Act  to  revive  An  Act  entituled  An  Act  to  prevent  Damages  by  Swine 
in  the  County  of  Orange  and  some  parts  of  Ulster  County,  and  for  repealing  all  other  Acts 


1755.]  Sir  Charles  Hardy,  Knight,  Governor.  1229 

concerning  the  same  within  the  said  County  of  Orange  with  some  addition]  be  now  read  the 
second  time. 

Then  the  said  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

Mr  Kennedy  moved  that  a  Committee  might  be  appointed  to  consider  of  the  Act  of  this  Colony 
Entituled,  [An  Act  to  prevent  the  exportation  of  Provisions,  Naval  and  Warlike  Stores  from 
the  Colony  of  New  York  to  Cape  Breton,  or  to  any  other  the  Dominions  of  the  French  King  or 
places  at  present  in  possession  of  any  of  his  Subjects]  and  to  prepare  a  Bill  more  effectually  to 
restrain  the  exportation  of  provisions  to  the  French. 

Ordered,  that  Mr  Kennedy  Mr  Murray  and  Mr  Chambers  be  a  Committee  for  that  purpose  and 
that  they  do  prepare  and  bring  in  a  draft  of  such  Bill,  at  the  first  meeting  after  the  Holidays. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Watts  with  the  Bill  Entituled, 
[An  Act  to  enable  his  Excellency  the  Governor  or  Commander  in  Chief  for  the  time  being  to 
make  Detachments  from  the  Militia  of  the  several  Counties  therein  mentioned  for  protecting  and 
securing  the  Frontiers  of  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. 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 


Monday,  the  22d  day  of  December,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Col°  Gale  with  the  Bill  Entituled 
[An  Act  tc°enable  Creditors  more  effectually  to  recover  their  debts  from  joint  partners]  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  to  enable  his  Excellency  the  Governor  or  Commander 
in  Chief  for  the  time  being  to  make  Detachments  from  the  Militia  of  the  several  Counties  therein 
mentioned  for  protecting  and  securing  the  Frontiers  of  this  Colony]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  reasumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  3  o  clock  P.  M. 


1230  Journal  of  the  Leislative  Council  of  New  York. 


Monday,  the  22d  day  of  December,  1755.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  [An  Act  to  enable  his  Excellency  the  Governor  or  Commander 
in  Chief  for  the  time  being  to  make  detachments  from  the  Militia  of  the  several  Counties  therein 
mentioned,  for  protecting  and  securing  the  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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Tuesday,  the  23d  day  of  December,  1755. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
JOHN  KUTHERFORD, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

His  Excellency  being  come  to  the  Council  Chamber, 

The  Speaker  left  the  Chair  and 

His  Excellency  sent  a  Message  to  the  General  Assembly,  requiring  the  immediate  attendance 
of  that  House,  and  they  attending  accordingly, 

His  Excellency  was  pleased  in  the  presence  of  the  Council  and  General  Assembly  to  give  his 
Assent  to  four  Bills  the  titles  whereof  are  as  follow  viz' 

An  Act  further  to  continue  An  Act  entitled,  An  Act  for  granting  to  his  Majesty  the  several 
duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this 
Colony. 

An  Act  to  enable  his  Excellency  the  Governor  or  Commander  in  Chief  for  the  time  being  to 
make  detachments  from  the  Militia  of  the  several  Counties  therein  mentioned  for  protecting  and 
securing  the  Frontiers  of  this  Colony. 

An  Act  for  the  relief  of  Insolvent  Debtors  with  respect  to  the  Imprisonment  of  their  Persons 
in  the  Cities  and  Counties  of  New  York  and  Albany. 

After  which  the  said  four  Bills  were  published  in  the  usual  manner  and  his  Excellency 
directed  the  Speaker  of  the  General  Assembly,  to  adjourn  the  House  to  Tuesday  the  Sixth  day 
of  January  next.  And  then  his  Excellency  returned  to  the  Fort. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Tuesday  the  sixth  day  of  January  next. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1231 

Tuesday,  the  6'A  day  of  January,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Thursday  afternoon  at  3  o  clock. 


Thursday,  the  8"1  day  of  January,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADEU  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Excellency  in  the 
words  following 

Gentlemen, 

I  Send  you  a  Copy  of  an  additional  Instruction  from  their  Excellencies  the  Lords  Justices, 
given  at  White  Hall,  the  twelfth  Day  of  August  last,  directing  me  to  recommend  to  you,  in  his 
Majesty's  Name,  to  make  speedy  and  effectual  Provision,  for  defraying  one  Moiety  of  the 
Expence  of  obtaining  and  executing  his  Majesty's  Commission  for  settling  the  true  Line  of 
Partition  between  this  Province,  and  the  Province  of  New-Jersey.  You  must  be  sensible,  it  is 
of  the  greatest  Importance  to  the  Tranquility  and  Welfare  of  both  Provinces,  that  a  Line  of 
Property  and  Jurisdiction  should  be  settled  between  them  :  And  as  their  Lordships  are  of 
Opinion  this  can  only  be  done  by  a  Commission  to  be  issued  by  his  Majesty  for  that  Purpose, 
with  Liberty  to  all  Parties  who  shall  think  themselves  aggrieved  by  the  Judgment  of  the 
Commissioners  thereby  to  be  appointed,  to  appeal  from  such  Judgment  to  his  Majesty  in  his 
Privy  Council.  And  it  appears  that  the  Agent  for  the  Proprietors  of  New-Jersey  hath  offered 
to  give  ample  Security  for  defraying  a  Moiety  of  such  Expence.  I  earnestly  recommend  it  to 
you  in  his  Majesty's  Name  to  make  immediate  Provision  for  defraying  the  other  Moiety  thereof, 
that  an  End  may  be  put  to  those  Outrages,  which,  for  Want  of  such  Settlement,  have  from 
Time  to  Time  been  committed  on  the  Frontiers  of  the  two  Provinces,  to  the  Prejudice  of  his 
Majesty's  Service,  and  the  Disturbance  of  the  publick  Peace. 

This  is  also  a  favourable  Conjuncture  for  putting  into  the  like  State  of  Determination,  the 
Controversy  subsisting  between  this  Province,  and  the  Province  of  Massachusets-Bay,  touching 
their  respective  Limits,  where  the  Provinces  border  on  each  other.  I  have  already  conferred 
thereupon  with  his  Excellency  General  Shirley,  Governor  in  Chief  of  that  Province,  who  has 
assured  me  of  his  Readiness  to  join  in  an  Application  for  his  Majesty's  Commission  for  this 
Purpose,  and  I  make  no  doubt,  will  recommend  to  the  Assembly  of  his  Government,  to  defray 
one  half  of  the  Expence  which  shall  attend  the  same.  I  therefore  recommend  this  Matter  to 
your  Consideration,  and  that  you  will  provide  for  defraying  the  other  Moiety  of  the  like 
Expence. 

General  Shirley  having  represented  to  me,  that  the  Prices  which  are  exacted  at  present  for 
the  Quartering  his  Majesty's  Troops  here,  greatly  exceed  the  King's  Allowance  to  them,  and 
which  the  Regiments  are  noc  able  to  Support,  having  no  Fund  lor  it.  I  do  most  earnestly 
recommend  to  you,  to  pass  a  Law  for  billeting  Soldiers,  and  ^to  make  such  Addition  to  the 


1232  Journal  of  the  Legislative  Council  of  New  York.  [2]§  £?£"• 

King's  Allowance,  as  may  enable  Persons  to  receive  and  quarter  them  without  Loss  to 
themselves.  The  Want  of  such  a  Provision  must  be  very  prejudicial  to  his  Majesty's  Service, 
and  the  Interest  of  the  Colonies,  and  will  discourage  the  Completion  of  those  Regiments, 
which  his  Majesty  has  thought  fit  to  employ  in  their  own  immediate  Defence. 

CHAS  HARDY. 
Fort  George  New  York 
8th  January  1 756. 

The  Council  adjourned  till  to  morrow  afternoon  4  o  clock. 


Fry 'day ',  the  9th  day  of  January,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
WILLIAM  JOHNSON,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  afternoon  3  o  clock. 


Saturday,  the  10'A  day  of  January,  1756.    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Excellency  in  the 
words  following 

Gentlemen, 

I  Have  ordered  to  be  laid  before  you,  a  Letter  and  some  Papers,  which  I  lately  received  from 
his  Excellency  General  Shirley.  The  proposed  Attempt,  if  successful!,  will  be  greatly  for  the 
Advantage  for  the  common  Cause,  and  not  only  facilitate  but  lessen  the  Expence  of  the  other 
Operations  necessary  to  remove  the  French  from  their  unjust  Encroachments.  The  Intelligence 
encourages  our  Hopes  of  Success,  and  the  good  Consequences  that  must  result  from  it,  will  I 
hope  engage  you  chearfully  to  make  Provision  for  the  Expence  to  be  borne  by  this  Province. 
Your  Resolutions  should  be  as  speedy  as  possible,  as  the  Service  can  admit  of  no  Delay. 

An  Express  which  arrived  here  at  Noon  this  Day,  brought  me  a  Letter  from  Col°Dekey,  with 
several  Affidavits  which  I  now  send  you,  as  also  some  other  Papers,  by  which  you  will  find  that 
the  Enemy  Indians  have  lately  murdered  several  Persons  of  this  Province,  and  that  a  Number 
of  the  Settlement  Indians  are  come  in  with  their  Families,  to  reside  among  the  Inhabitants, 
according  to  the  Invitation  I  sent  them  lately.  Altho'  the  Accounts  of  the  Enemy  are  very 
uncertain,  'tis  most  probable  they  are  numerous,  by  their  continuing  so  long  on  the  Frontiers. 

The  Number  of  Rangers  in  the  Pay  of  this  Province,  appears  to  me  insufficient  for  the 
Protection  of  the  People.  I  have  ordered  the  Rangers  to  be  supported  by  Detachments  of  the 
Militia,  but  as  neither  Pay  or  Provisions  is  allowed  them,  they  will  be  backward  in  going  upon 
this  Service.  You  will  therefore  take  this  Matter  into  Consideration,  and  by  a  timely  and 
more  ample  Provision,  avert  those  Evils  from  the  People  of  this  Province,  which  some  of  our 


1756.]  Sir  Charles  Hardy,  Knight,   Governor.  1233 

Neighbours  have  already  felt  the  severe  Effects  of.  At  the  same  Time,  I  doubt  not,  you  will 
provide  for  the  Maintenance  of  those  Indians,  who  by  coming  into  the  Towns,  may  be  rendered 
unable  to  subsist  themselves  and  their  Families. 

CHAS  HARDY. 

Fort  George  New  York 
10th  January  1756. 

The  Council  adjourned  till  Tuesday  afternoon  3  o  clock. 


Tuesday,  the  13"'  day  of  January,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
WILLIAM  JOHNSON, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Excellency  in  the 
words  following  viz' 

Gentlemen, 

Since  my  Message  to  you  on  Saturday  last,  I  have  received  a  Petition  from  the  Inhabitants 
of  Goshen  in  Orange  County,  setting  forth  the  open  and  defenceless  Condition  of  that  Part  of 
the  Province,  and  the  Necessity  of  a  greater  Force  to  protect  them  from  the  Ravages  of  the 
Enemy,  now  very  near  them,  for  want  of  which,  Numbers  are  daily  moving  off,  and  the  rest,  is 
to  be  feared,  m;iy  soon  follow. 

From  the  Situation  of  the  Country  and  the  Form  of  the  Settlements,  I  think  the  best,  if  not 
the  only  practicable  Method  to  secure  the  People  from  these  Incursions,  and  prevent  them  from 
deserting  their  Habitations,  is  to  build  a  Line  of  Block  Houses  at  some  Distance  from  the 
Settlements,  from  a  Place  called  Machackamak  to  the  Town  of  Rochester,  in  Ulster  County. 
The  Length  of  this  Line  is  between  thirty  and  forty  Miles,  and  five  or  six  Block  Houses  will 
answer  the  Purpose,  to  be  defended  by  a  Garrison  in  each  of  twenty  Men,  besides  the  sixty 
Rangers  already  in  the  Pay  of  this  Province.  The  neighbouring  Province  of  New-Jersey  have 
fallen  upon  the  like  Method  for  their  Defence,  and  as  it  appears  to  me  the  most  eligible  of  any 
other,  I  earnestly  recommend  to  you,  to  make  immediate  Provision  for  the  Expence  of  carrying 
the  same  into  Execution,  that  I  may  issue  the  proper  Orders  for  doing  it  without  Delay.  I 
send  you  the  Petition,  with  a  Sketch  of  the  Country  and  Settlements  in  Orange  and  Ulster. 

CHAS  HARDY. 
Fort  George  New  York 

13th  January  175G. 

Ordered,  that  the  Bill  Entituled,  "An  Acfc'to  enable  Creditors  more  easily  to  recover  their 
Debts  from  joint  partners"  be  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered  to  be  committed. 

Mr  Kennedy  from  the  Committee  appointed  to  prepare  the  draft  of  a  Bill  more  effectually  to 
restrain  the  exportation  of  Provisions  to  the  French  presented  to  the  House  a  Bill  entituled  [An 
Act  more  effectually  to  hinder  Supplies  of  Provisions  Naval  and  Warlike  stores  to  be  carryed  to 
the  French.] 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 

155 


1234  Journal  of  the  Leislative  Council  of  New  York 


Wednesday,  the  14"1  day  of  January,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  COLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JOHN  CHAMBERS,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  it-self  into  a  Committee  of  the  whole  House  on  the  Bill  entituled, 
[An  Act  for  the  better  clearing  mending  and  further  laying  out  publick  high  Roads  and  others 
in  the  County  of  Ulster]  and  aft^r  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  reported  from  the  Committee  of  the  whole  House,  that  the  Committee  had  gone 
through  the  said  Bill  and  directed  him  to  report  it  without  any  Amendment. 

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

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled,  [An 
Act  to  revive  An  Act  intituled  An  Act  to  prevent  damages  by  Swine  in  the  County  of  Orange 
arid  some  parts  of  Ulster  County  and  for  repealing  all  other  Acts  concerning  the  same  within 
the  said  County  of  Orange  with  some  Addition]  and  after  some  time  spent  therein 

The  Speaker  assumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled,  [An  Act  more  effectually  to  hinder  supplies  of  provisions  Naval  and 
Warlike  Stores  to  be  carried  to  the  French]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Thursday,  the  15'A  day  of  January,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  entituled  [An  Act  for  the  better  clearing  mending  and  further  laying 
out  publick  High  roads  and  others  in  the  County  of  Ulster]  and 

The  Bill  entituled,  [An  Act  to  revive  An  Act  entituled  An  Act  to  prevent  damages  by  Swine 
in  the  County  of  Orange  and  some  parts  of  Ulster  County,  and  for  repealing  all  other  Acts 
concerning  the  same  within  the  said  County  of  Orange  with  some  Addition]  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  two  Bills  do  pass. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  amendment. 

The  Council  adjourned  till  3  o  clock  P.  M. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1235 

Thursday,  the  15'*  day  of  January,  1756.    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled,  [An 
Act  to  enable  Creditors  more  easily  to  recover  their  debts  from  joint  partners]  and  after  some 
time  spent  therein 

The  Speaker  reasumed  the  Chair  and 

IP  Horsmanden  from  the  Committee  of  the  whole  House  in  his  place  reported,  that  the 
Committee  had  gone  through  the  same,  and  made  several  amendments  thereto,  which  he  read 
in  his  place,  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table,  where  the 
Amendments  were  again  read,  and  being  agreed  to 

Ordered  that  the  Amendments  be  engrossed. 

And  the  Amendments  being  engrossed 

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

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

On  the  Question  being  put 

Resolved,  that  the  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Horstnanden  do  carry  the  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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it-self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled, 
[An  Act  more  effectually  to  hinder  Supplies  of  Provisions  Naval  and  Warlike  Stores  to  be 
carried  to  the  French]  and  after  some  time  spent  therein 

The  Speaker  reasumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  Bill  and  made  several  Amendments  thereto,  which  he  read,  and  then 
delivered  the  Bill  with  the  Amendments  in  at  the  Table,  where  the  same  were  again  read,  and 
the  Bill  with  the  Amendments 

Ordered  to  be  engrossed. 

The  Council  adjourned  till  to  morrow  afternoon  3  o  clock. 


Fryday,  the  16'*  day  of  January,  1756.    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The.  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it-self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled,  [An 
Act  for  empowering  Justices  of  the  Peace  to  hold  pleas  of  all  causes  of  the  value  of  Five 
pounds  and  under  and  for  repealing  the  two  Acts  therein  mentioned]  and  after  some  time  spent 
therein, 


1236  Journal  of  the  Legislative  Council  of  New  York.  \* 

The  Speaker  resumed  the  Chair,  and 

Mr  Holland  from  the  Committee  of  the  whole  House  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. 
The  Speaker  then  put  the  Question 
Whether  the  Bill  should  be  read  the  third  time? 
Which  passed  in  the  Negative. 
The  Speaker  then  put  the  Question 
Whether  the  Bill  should  be  rejected? 
Which  passed  in  the  Affirmative. 
Resolved,  that  the  Bill  be  rejected  accordingly. 
The  Council  adjourned  till  Monday  next  3  o  clock  P.  M. 


Monday,  the  19'A  day  of  January,  1756.     P.  M 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADEE  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
EDWARD  HOLLAND, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  afternoon  3  o  clock. 


Tuesday,  the  20'*  day  of  January,  1756.    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Engrossed  Bill  entituled,  [An  Act  more  effectually  to  hinder  Supplies  of  Provisions 
Naval  and  Warlike  Stores  to  be  carried  to  the  French]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  carry  the  Bill  to  the  General  Assembly  and  desire  their  concuirence 
thereto. 

A  Message  from  the  General  Assembly  by  Col°  Beekman  and  Mr  Nicoll  with  the  Bill  entituled, 
[An  Act  to  enable  Creditors  more  easily  to  recover  their  Debts  from  joint  partners]  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. 

Then  the  said  Bill  was  accordingly  amended  by  striking  out  the  words  so  ll«tt  no  in  line  7, 
and  inserting  instead  thereof,  and  doubts  have  arisen  whether  any  one  and  adding  the  following 
Proviso  at  the  end  of  the  last  clause  of  the  Bill  [provided  always  that  it  shall  not  be  lawfull 
by  virtue  of  this  Act  to  execute  such  Execution  against  the  Body  or  Lands  or  Goods  the  Sole 
property  of  any  person  not  brought  into  Court] 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled,  [An 
Act  to  continue  An  Act  entituled,  An  Act  for  regulating  the  Militia  of  the  Colony  of  New 
York  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1237 

Mr  Holland  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  same,  and  made  an  amendment  thereto  which  he  read  in  his 
place,  and  then  delivered  the  Bill  with  the  Amendment  in  at  the  Table,  where  the  Amendment 
was  again  read  and  being  agreed  to,  the  Amendment  was 

Ordered  to  be  engrossed. 

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

On  the  Question  being  put 

Resolved,  that  the  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Holland  do  carry  the  Bill  with  the  Amendment  to  the  General  Assembly 
and  acquaint  them  that  the  Council  have  passed  the  Bill  with  the  said  Amendment  to  which 
they  desire  their  Concurrence. 

The  Council  adjourned  to  Tuesday  the  27th  Instant. 


Tuesday,  the  27'A  day  of  January,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Excellency  the 
Governor  which  was  read  and  is  in  the  words  following : 

Gentlemen, 

At  a  Council  of  War  held  by  his  Excellency  General  Shirley  with  the  Governors,  and  Field 
Officers  then  in  this  City,  to  concert  the  necessary  Operations  for  this  Year  to  remove  the 
French  from  their  Incroachments,  it  was  judged  necessary  that  a  Body  of  Forces  should  be 
raised  by  these  Colonies,  by  Quotas  from  the  several  Governments,  agreeable  to  the  Plan  settled 
by  the  Commissioners  at  Albany,  in  1754.  The  Proportions  of  Men  to  be  raised  in  each  Colony, 
I  send  you  herewith. 

The  Succors  arrived  in  Canada  from  France  last  Year,  and  the  Probability  of  their  being 
augmented,  not  only  to  secure  their  present  Incroachments,  but  to  effect  their  further  Designs 
on  these  Provinces,  are  Considerations  highly  deserving  our  serious  Attention,  and  ought  to 
excite  the  Colonies  to  exert  themselves  in  a  vigorous  Piosecution  of  the  Measures  agreed  upon, 
which  if  carried  into  Execution  in  due  Se  ison,  may,  by  the  divine  Blessing  on  his  Majesty's 
Arms,  lay  a  solid  Foundation  for  the  Security  of  his  Majesty's  Colonies  on  this  Continent 
against  any  future  Attempts  from  the  French,  and  be  the  most  effectual  Means  to  gain  the 
Interest  of  the  far  Nations  of  Indians,  reclaim  such  as  are  gone  over  to  the  French,  and  fix  the 
six  Nations  more  firmly  in  the  British  Interest. 

This  Province  from  its  Situation  with  Respect  to  Canada,  is  more  immediately  interested  in 
the  Success  of  this  Undertaking  against  the  common  Enemy.  It  behoves  us  then  to  set  an 
Example  worthy  of  the  other  Governments,  whose  Eyes  will  be  turned  on  our  Conduct  upon 
this  important  Occasion. 

I  do  therefore  most  earnestly  recommend,  that  you  will  without  Delay  grant  the  necessary 
Supplies  for  raising  and  subsisting  One  Thousand  Men,  the  Quota  to  be  furnished  by  this 
Province,  that  I  may  without  Loss  of  Time,  take  the  proper  Measures  for  this  Service,  and 
acquaint  the  other  Governments  with  your  Resolutions,  as  soon  as  possible. 

CHA'  HARDY. 
Fort  George  City  of  New  York 
the  27th  January  1756. 

The  Council  adjourned  till  Saturday  next  at  tl  o  clock  in  the  Morning. 


1238  Journal  of  the  Legislative  Council  of  New  York.  [2^  £.«™. 

Saturday,  the  31S(  day  of  January,  1756. 

^ 
The  Council  met  according  to  adjournment. 

PEESENT — The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
DANIEL  HOESMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBEES, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Leconte  and  Mr  Nicoll  with  the  Bill  entituled, 
[An  Act  to  continue  An  Act  entituled,  An  Act  to  regulate  the  Militia  of  the  Colony  of  New 
York  with  some  additions  thereto]  with  the  amendments  made  thereto  by  the  Council 
acquainting  the  Council  that  the  House  have  agreed  to  the  said  Amendment  and  desire  the  Bill 
may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  by  adding  a  Clause  to  the  said  Bill  in  the  words  following: 

"And  whereas  the  County  of  Albany  is  more  exposed  to  the  Attempt  of  an  Enemy  from 
Canada,  than  any  other  part  of  this  Colony,  and  in  case  any  Attack  on  that  Quarter  should 
succeed,  it  might  occasion  the  defection  of  the  Six  Nations  of  Indians.  Be  it  therefore  enacted 
by  the  Authority  aforesaid,  That  the  Colonel  or  in  his  absence  the  next  Commanding  Officer  of 
the  Militia  of  the  County  of  Albany,  shall  be  and  he  is  hereby  impowered  and  required  from 
time  to  time  to  send  out  such  detachments  of  Men  in  their  Turn  as  he  shall  conceive  necessary 
to  be  employed  as  Out  Scouts  or  Rangers,  the  better  to  guard  against  being  surprized  by  an 
Enemy,  and  to  enable  him  to  defeat  their  Designs.  And  the  person  neglecting  or  refusing  to 
perform  such  duty  shall  forfeit  the  sum  of  five  pounds,  to  be  levied  by  Warrant  from  the  said 
Colonel  or  next  commanding  Officer,  and  applied  towards  purchasing  of  Arms  for  the  use  of 
the  Regiment.  Provided  that  no  such  Detachments  shall  be  employed  at  any  one  time  longer 
than  six  days." 

A  Message  from  the  General  Assembly  by  Cap1  Winne  and  Col"  Lottwith  the  Bill  Entituled, 
[An  Act  to  oblige  all  persons  that  come  to  inhabit  or  reside  in  the  City  of  Albany  and  Township 
of  Schenectady  in  the  County  of  Albany  in  order  to  expose  any  Goods  Wares  or  Merchandizes 
to  sale  at  anytime  after  the  Annual  Assessments  made  for  the  necessary  and  contingent  charges 
of  the  said  City  and  Township  to  pay  their  just  proportions  towards  the  same]  desiring  the 
concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Capt  Walton  and  Mr  Thomas  with  the  Bill  Entituled, 
[An  Act  for  the  payment  of  the  Salaries  and  other  services  of  the  Government  from  the  first 
day  of  September  One  thousand  seven  hundred  and  fifty  five  to  the  first  day  of  September  One 
thousand  seven  hundred  and  fifty  six]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Le  Conte  and  Col°  Beekman  with  the  Bill 
entituled,  [An  Act  to  empower  the  Freeholders  and  Inhabitants  of  Richmond  County  to  raise 
by  way  of  Lottery  a  sum  not  exceeding  the  sum  of  one  hundred  and  fifty  pounds  to  purchase 
Arms  and  Accoutrements  for  the  use  of  such  persons  in  the  said  County  as  are  unable  to  provide 
themselves  therewith]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Col"  Gale  with  the  Bill  entituled 
[An  Act  to  establish  the  Rates  to  be  taken  for  wharfage  of  Ships  and  other  vessels  using  the 
Wharfs  therein  mentioned,  and  the  Rates  to  be  taken  for  Cranage  within  the  City  of  New  York 
and  for  repealing  the  Act  therein  mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  four  Bills  be  read. 

Then  the  said  four  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  Monday  afternoon  3  o  clock. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1239 

Monday,  the  2d  day  of  February,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN,  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  oblige  all  persons  that  come  to  inhabit  or  reside  in  the  City  of 
Albany  and  Township  of  Schenectady  in  the  County  of  Albany,  in  order  to  expose  any  Goods 
Wares  or  Merchandizes  to  sale  at  any  time  after  the  annual  assessments  made  for  the  necessary 
and  contingent  charges  of  the  said  City  and  Township  to  pay  their  just  proportion  towards  the 
same.] 

The  Bill  Entituled  [An  Act  to  impower  the  Freeholders  and  Inhabitants  of  Kichmond  County 
to  raise  by  way  of  Lottery  a  sum  not  exceeding  the  sum  of  one  hundred  and  fifty  pounds  to 
purchase  arms  and  accoutrements  for  the  use  of  such  persons  in  the  said  County  as  are  unable 
to  provide  themselves  therewith]  & 

The  Bill  entituled,  [An  Act  to  establish  the  rates  to  be  taken  for  Wharfage  of  Ships  and  other 
Vessels  using  the  wharfs  therein  mentioned,  and  the  rates  to  be  taken  for  Cranage  within  the 
City  of  New  York  and  for  repealing  the  Act  therein  mentioned.] 

Then  the  said  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Wednesday  3  o  clock  in  the  afternoon. 


Wednesday,  the  4'*  day  of  February,  1756.     P.   M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Col"  Lott  with  the  Bill  entituled, 
[An  Act  for  the  payment  of  the  debts  due  from  this  Colony  and  other  purposes  therein 
mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Mr  Snedeker  with  the  Bill  entituled, 
[An  Act  to  encourage  the  taking  and  destroying  of  Wild  Catts  in  the  County  of  Suffolk] 
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  for  the  payment  of  the  Salaries  and  other  services 
of  the  Government  from  the  first  day  of  September  one  thousand  seven  hundred  and  fifty  five 
to  the  first  day  of  September  one  thousand  seven  hundred  and  fifty  six]  be  now  read  the  second 
time. 

Then  the  said  Bill  was  read  the  second  time. 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  house  on  the  Bill  entituled,  [An 
Act  to  oblige  all  Persons  that  come  to  inhabit  or  reside  in  the  City  of  Albany  or  Township  of 
Schenectady  in  the  County  of  Albany  in  order  to  expose  any  Goods  Wares  or  Merchandizes  to 
sale  at  any  time  after  the  annual  Assessments,  made  for  the  necessary  and  Contingent  Charges 
of  the  said  City  and  Township  to  pay  their  just  proportion  towards  the  same]  and  after  some 
time  spent  therein  .. 


1240  Journal  of  the  Leislative  Council  of  New  York. 


The  Speaker  resumed  the  Chair,  and 

Mr  Holland  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  empower  the  Freeholders  and  Inhabitants  of  Kichmond  County  to  raise  by  way  of 
Lottery  a  sum  not  exceeding  the  sum  of  one  hundred  and  fifty  pounds  to  purchase  Arms  and 
Accoutrements  for  the  use  of  such  Persons  of  the  said  County  as  are  unable  to  provide 
themselves  therewith]  arid  after  some  time  spent  therein, 

The  Speaker  reasumed  the  Chair,  and 

Mr  Holland  from  the  Committee  of  the  whole  House  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  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  establish  the  rates  to  be  taken  for  Wharfage  of  Ships  and  other  Vessels  using  the 
Wharfs  therein  mentioned,  and  the  Hates  to  be  taken  for  Cranage  within  the  City  of  New  York 
and  for  repealing  the  Act  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  reasumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Cap'  Walton  desiring  the  Council 
will  be  pleased  to  inform  that  House  what  progress  they  have  made  in  the  Bill  sent  up  for  their 
concurrence  Entituled  [An  Act  for  empowering  Justices  of  the  peace  to  hold  pleas  of  all 
causes  of  the  value  of  Five  pounds  and  under  and  for  repealing  the  two  Acts  therein  mentioned.] 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly,  in  answer  to  their  said  Message, 
that  the  Council  have  rejected  the  said  Bill. 

The  Council  adjourned  till  to  Morrow  afternoon  3  o  clock. 


Thursday,  the  5th  day  of  February,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  entituled  [An  Act  to  oblige  all  Persons  that  come  to  inhabit  or  reside 
in  the  City  of  Albany  and  Township  of  Schenectady  in  the  County  of  Albany,  in  order  to 
expose  any  Goods,  Wares  or  Merchandizes  to  sale  at  any  time  after  the  annual  assessments 
made  for  the  necessary  and  contingent  charges  of  the  said  City  and  Township,  to  pay  their  just 
proportion  towards  the  same] 

The  Bill  Entituled  [An  Act  to  empower  the  Freeholders  and  Inhabitants  of  Richmond 
County  to  raise  by  way  of  Lottery  a  sum  not  exceeding  the  sum  of  One  hundred  and  fifty  pounds 
to  purchase  Arms  and  Accoutrements  for  the  use  of  such  persons  in  the  said  County  as  are 
unable  to  provide  themselves  therewith]  and 

The  Bill  Entituled  [An  Act  to  establish  the  rates  to  be  taken  for  Wharfage  of  Ships  and 
other  Vessels  using  the  Wharfs  therein  mentioned  and  the  rates  to  be  taken  for  Cranage  within 
the  City  of  New  York  and  for  repealing  the  Act  therein  mentioned]  be  now  read  the  third  time. 

Then  the  said  Bills  were  read  the  third  time  and 

On  the  Question  being  put  severally  on  the  said  Bills 

Resolved,  that  the  said  three  Bills  do  pass. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1241 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  t'iat  the  Council  have  passed  the 
two  first  mentioned  of  the  said  Bills  without  amendment,  and  that  Mr  Chambers  do  acquaint  the. 
General  Assembly  that  the  Council  have  passed  the  last  mentioned  of  tlie  said  Bills  without 
amendment. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Le  Conte  with  the  Bill  entituled 
[An  Act  to  revive  An  Act  entituled  An  Act  for  the  better  clearing  regulating  and  further  laying 
out  publick  high  roads  in  the  County  of  Westchester  wkh  some  alterations]  desiring  the 
concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap1  Richard  and  Mr  Snediker  with  the  Bill 
entituled  [An  Act  to  enable  the  Assignees  of  Insolvent  Debtors  more  effectually  to  dispose  of 
the  Estates  of  such  Debtors  for  the  benefit  of  their  Creditors]  desiring  the  concurrence  of  the 
Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Depue  and  Mr  Mynderse  with  the  Bill  entituled 
[An  Act  to  enable  the  Inhabitants  of  Ulster  County  to  elect  and  cruise  Surveyors  of  the  hi»h  ways 
in  the  said  County  and  to  repeal  a  certain  section  of  an  Act  therein  mentioned]  desiring  the 
concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bills  be  read. 

Then  the  said  three  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

Ordered,  that  the  Bill  entituled  [An  Act  for  the  payment  of  the  Debts  due  from  this  Colony 
and  other  purposes  therein  mentioned]  and 

The  Bdl  entituled  [An  Act  to  encourage  the  taking  and  destroying  of  Wild  Cats  in  the 
County  of  Suffolk]  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  it  self  into  a  Committee  on  the  Bill  entituled  [An  Act  for  the  payment  of 
the  Salaries  and  other  services  of  the  Government  from  the  first  day  of  September  one  thousand 
seven  hundred  and  fifty  live  to  the  first  <iay  of  September  one  thousand  seven  hundred  and  fifty 
six]  and  after  some  time  spent  therein 

The  Speaker  returned  the  Chair  and 

Mr  Holland  from  the  Committee  of  the  whole  House  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. 

The  Speaker  then  put  the  Question 

Whether  the  Bill  should  be  read  the  third  time? 

Lieutenant  Governor  Do  Lancev  moved  that  tlie  third  reading  of  the  Bill  should  be  postponed 
and 

On  the  Question  being  put 

Rcsolnd,  that  the  third  reading  of  the  said  Bill  be  postponed  accordingly. 

The  Council  adjourned  till  to  Morrow  Morning  11  o clock. 


Fnjday,  the  6"'  day  of  February,  17 06. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADEH  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
DANIEL  HOUSMANDEN, 
JOSEPH  MUURAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Richard  and  Col°  Beekman  with  the  Bill 
entituled,  [An  Act  to  continue  An  Act  entituled,  An  Act  to  prevent  infectious  Destempeis 
being  brought  into  this  Colony  and  to  hinder  the  spreading  thereof  with  an  addition  thereto] 
desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  hy  Mr  Watts  and  Mr  Walton  with  the  Bill  entituled, 
[An  Act  for  the  further  explaining  and  rendring  more  effectuall  the  two  Acts  therein  mentioned 
so  far  as  they  relate  to  the  City  of  New  York]  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  two  Bills  be  read. 

156 


1242  Journal  of  the  Legislative  Council  of  New  York.  [™  A™,™; 

Then  the  said  two  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

Ordered,  that  the  Bill  entituled  [An  Act  to  revive  An  Act  entitulcd  An  Act  for  the  better 
clearing  regulating  and  further  laying  out  publick  highways  in  the  County  of  Westchester  with 
some  alterations] 

The  Bill  Entituled  [An  Act  to  enable  the  Assignees  of  Insolvent  Debtors  more  effectually 
to  dispose  of  the  estates  of  such  Debtors  for  the  benefit  of  their  Creditors]  and 

The  Bill  intituled  [An  Act  to  enable  the  Inhabitants  of  Ulster  County  to  elect  and  chuse 
Surveyors  of  the  Highways  in  the  said  County  and  to  repeal  a  certain  section  of  An  Act  therein 
mentioned]  be  now  read  the  second  time. 

Then  the  said  three  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  then  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  on  the  Bill  Entituled  [An  Act  for  the  payment 
of  the  Debts  due  from  this  Colony  and  other  the  purposes  therein  mentioned]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Comittee  of  the  whole  House  in  his  place  reported  that  upon  the  Chairman 
putting  the  Question,  whether  he  should  report  the  Bill  without  Amendment,  Mr  Alexander 
objected  and  moved  "That  as  there  are  many  services  done  and  debts  supposed  due  provided  for 
by  this  Bill,  whether  this  Bill  should  be  reported  before  the  Proofs  of  those  services,  and  of  those 
Debts,  be  laid  before  the  Council  to  be  considered  of"  And  the  Question  being  put  on  Mr 
Alexanders  motion,  afier  debate  it  passed  in  the  affirmative,  and  that  thereupon  the  Committee 
had  directed  him  to  report  the  Bill  without  any  Amendment. 

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

Ordered  a  third  reading. 

Mr  Alexander  dissented  to  the  Report  of  the  Committee  and  to  reading  the  Bill  the  third 
time. 

Then  the  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Saturday,  the  llh  day  of  February,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
JAMES  DE  LANCEY, 
DANIEL  HOESMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Alexander  moved  that  as  by  the  vote  of  yesterday  in  the  Committee,  he  conceives  this 
House  is  deprived  of  the  means  of  knowing  for  what  services  all  the  large  sums  ordered  by  the 
Bill  entituled  [An  Act  for  the  payment  of  the  debts  due  from  this  Colony  and  other  the  purposes 
therein  mentioned]  are  to  be  paid,  That  as  three  Gentlemen  now  present  in  this  House  have 
large  sums  ordered  to  be  paid  them  for  services,  that  at  least  they  would  be  pleased  to  acquaint 
this  House  what  those  services  were  for  which  those  sums  are  ordered  to  be  paid  to  them. 

The  Speaker  then  put  the  Question 

Whether  the  Bill  Entituled  [An  Act  for  the  payment  of  the  debts  due  from  this  Colony  and 
other  the  purposes  therein  mentioned]  should  now  be  read  the  third  time? 

Which  passed  in  the  Affirmative 

And  the  Bill  was  accordingly  read  the  third  time. 

And  the  Question  being  put 

Whether  the  Bill  should  pass? 

Resolved,  that  the  said  Bill  do  pass. 

Mr  Golden,  Mr  Alexander,  and  Mr  Smith  dissented  to  the  passing  the  said  Bill  and  desired  till 
the  next  meeting  of  the  Council  to  give  their  Reasons  for  their  dissent. 

Ordered,  that  Mr  Murray  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  amendment. 

A  Message  from  the  General  Assembly  by  Cap'  Winne  and  Mr  Snedeker  with  the  Bill  Entituled 
[An  Act  to  enable  the  Proprietors  or  owners  of  that  part  of  the  great  plains  in  Queens  County 
which  lies  within  the  Townships  of  Hempstead  and  Oysterbay  and  is  used  as  a  Common  of 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1243 

Pastures  to  hang  Swinging  Gates  on  the  Highways  running  through  the  said  plains,  and  to 
establish  prudential  Orders  and  Rules  with  respect  to  the  management  of  the  said  Common] 
desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

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

Ordered  a  second  reading. 

The  Council  adjourned  till  Tuesday  morning  11  o  clock. 


Tuesday,  the  10'*  day  of  February,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker 

JAMES  ALEXANDER, 
JAMES  DE  LANCET, 
EDWARD  HOLLAND,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  3  o  clock  P.  M. 

Tuesday,  the  10"'  day  of  February,  1756.     P.  M 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Golden,  Mr  Alexander  and  Mr  Smith  delivered  in  their  Reasons  for  their  dissent  to  the  Bill 
passed  by  the  Council  entituled  [An  Act  for  the  payment  of  the  Debts  due  from  this  Colony 
and  other  the  purposes  therein  mentioned]  which  are  as  follow : 

IT  is  with  concern  that  we  think  our  selves  in  Duty  bound  to  dissent  to  the  passing  of  this 
Bill,  by  reason  that  we  apprehend  That  it  is  in  its  consequences  destructive  of  his  Majesty's 
Rights  of  Judging  of  the  rewards  due  to  his  servants  in  this  Government,  and  likewise  on 
account  of  the  popular  prejudices  which  may  be  entertained  of  our  opposing  the  payment  of 
Just  Debts  which  are  provided  for  in  this  Bill.  But  we  hope  that  with  disinterested  and 
unprejudiced  persons,  the  following  reasons  will  fully  Justify  us. 

1.  Large  sums  are  by  this  Bill  to  be  paid  to  particular  persons  by  name  for  services  in  general 
done,  without  specifying  what  these  services  are,  whereby  the  Council  are  disabled  to  Judge 
whether  the  sums  allowed  for  these  services  are  adequate  to  them.  And  while  these  services  are 
not  particularly  specified,  they  may  again  and  again  be  charged,  and  it  cannot  appear  that  any 
Honey  for  any  particular  service  has  been  paid  and  a  proper  discharge  of  the  same  obtained. 

2d  A  Motion  having  been  made  in  the  Committee  to  which  this  Bill  was  rerTerred  to  know  the 
services  for  which  these  sums  were  to  be  paid,  it  was  carried  by  majority  of  votes,  that  no  such 
Enquiry  should  be  made  whereby  the  Council  is  intirely  deprived  of  any  means  of  Judging  of 
the  reasonableness  or  Justice  in  paying  of  large  sums. 

3d  That  large  sums  are  directed  to  be  paid  as  Ballances  of  Accounts  to  Persons  who  had  large 
sums  of  the  publick  money  put  into  their  hands,  and  as  we  think  it  not  probable  that  some  of 
the  Persons  who  had  those  sums  of  money  put  into  their  hands  were  capable  of  advancing  such 
large  sums,  We  think  it  the  more  requisite  to  examine  by  what  means  such  large  sums  became 
due  to  them. 

4.  That  as  an  opinion  seemed  to  prevail  in  the  Committee,  that  the  Assembly  would  not 
allow  any  amendment,  or  any  conference  on  this  Bill,  and  for  that  reason  the  Majority  of  the 
Committee  inclined  to  Report  the  Bill  without  amendment,  or  further  enquiry  into  the  reasons 
for  allowing  such  sums  to  particular  Persons  We  are  of  opinion  that  this  deprives  the  Council 


1244  Journal  of  the  Legislative  Council  of  New  York.  [7th  I 


of  all  means  of  Judging  of  the  reasonableness  of  I-suing  the  Pub'iek  Money  by  this  Bill, 
Whereby  the  Council  are  put  under  the  dishonourable  necessity  of  either  blindly  assenting  to 
Bills  s  'nt  to  tiiem  by  the  Assembly  for  the  payment  of  Publick  Services  and  debts,  or  of  refusing 
the  same  however  just  and  reasonable  they  may  be. 

ij.  The  method  which  we  suppose  is  taken  in  this  Bill  of  paving  the  salaries  of  the  Officers  of 
the  Government  by  way  of  debt  due  to  them,  by  name,  and  for  Services  in  general  done,  without 
specifying  that  it  is  for  the  salaries  due  to  them  is  an  effectual  way  to  defeat  the  intention  of 
his  Majesty's  Instructions  to  his  Governor  of  this  Province  concerning  the  payment  of  the 
reasonable  salaries  of  the  Officers  and  contingent  services  of  Government,  and  deprive  his 
Majesty  of  Judging  of  what  rewards  may  be  due  or  allowed  to  his  servants,  or  for  any  publick 
service  done,  and  likewise  deprives  his  Majesty's  Council  of  this  Province  of  all  means  of 
reasonably  advising  of  what  rewards  may  be  justly  due  for  such  services. 

(i.  It  has  been  thought  reasonable  to  have  the  Judges  as  much  as  possible  free  from  all  undue 
influence  in  giving  their  Judgments.  We  apimsnend  that  while  they  depend  on  the  arbitrary 
pleasure  of  an  Assembly  from  year  to  year  for  their  Salaries,  they  are  thereby  lyable  to  undue 
Influence.  And  if  it  be  supposed  that  thev  can  be  influenced,  such  Influence  will  be  of  much 
greater  extent,  while  they  are  thus  subjected  to  the  Arbiirary  pleasure  of  An  Assembly,  than 
thev  can  b.j  by  any  Influence  from  a  Governor  of  this  Province,  while  they  continue  to  have 
their  Commissions  during  good  behaviour  as  they  now  have.  And  such  Influence  must  still  be 
greater  when  they  are  not  certain  of  their  salaries  till  after  the  services  are  done,  and  if  this 
method  of  paying  all  officers  of  the  Government  for  services  done  be  continued,  those  officers 
must  for  ever  remain  subject  to  an  undue  Influence. 

7.  By  this  Bill  we  find  large  sums  allowed  for  debts  contracted  and  services  done,  many  of 
them  we  believe  without  the  knowledge  or  order  of  the  Commander  in  Chief  of  this  province. 
Whereas  other  debts  due  and  necessary  services  done  by  order  of  the  Commander  in  Chief  by 
advice  of  Council,  remain  unprovided  for.  For  Example,  The  Services  and  Expences  of  the 
several  Commissioners  of  this  Province  appointed  by  advice  of  Council  to  meet  the  Commissioners 
of  the  Massachusets-Bav  at  Albany  to  treat  concerning  the  BoMid-^  of  the  two  Provinces  and  to 
put  an  end  to  the  Disturbances  and  Murders  committed  and  like  to  be  committed  on  the  Borders 
tho'  the  accounts  for  those  services  were  laid  before  the  Assembly  to  be  provided  for.  Also 
upwards  of  one  thousand  pounds  Ballance  of  the  account  of  Col i°  William  Johnson  now  Sir 
William  Johnson,  tho'  expended  by  order  of  Governor  and  Council  !or  retaining  of  the  Six  Nations 
of  Indians  in  their  dependance  on  His  Majesty  and  this  Province,  and  the  account  sworn  to. 
And  when  that  service  had  been  neglected  to  be  provided  for  by  the  Assembly,  and  when  great 
Danger  was  of  not  only  intirely  los<  ing  those  six  Nations  but  of  their  becoming  his  Majesty's 
Enemies  and  the  Enemies  of  th's  Piovince,  We  could  assign  other  examples  but  think  those 
two  sufficient.  And  if  it  become  a  Rule  that  debts  contracted  and  services  done  without  order 
or  knowledge  of  the  Commander  in  Chief  are  robe  amply  provided  for,  and  those  dune  by  order 
of  the  Commander  in  C'def  by  advice  of  Council,  to  remain  without  provision  for  them,  We 
think  the  consequence  is  to  apparent  to  need  pointing  out. 

S.  The  Exercise  of  the  Legislative  Authority  of  ibis  Province  is  directed  by  his  Majesty's 
CommisM  >n  to  the  Governor  of  this  Province,  By  which  Commission  all  publick  Moneys  are 
directed  to  bo  issued  by  warrant  from  the  Governor  of  this  Province  by  advice  of  Council  and 
not  otherwise.  Bui  by  this  Bill  no  regard  is  paid  to  the  positive  and  Express  directions  in  the 
said  Commission. 

9.  We  think  there  are  many  other  reasons  why  this  Bill  should  not  pass,  particularly  the 
tacking  together  of  many  matters  of  different  Natures.  But  as  we  conceive  the  proceeding  are 
sufficient,  we  decline  assigning  any  further  reasons. 

CADWALLADER  COLDEX 
JA.  ALEXANDER 
\VM  SMITH. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  to  prevent 
iniectious  Distempers  being  brought  into  this  Colony  and  to  hinder  the  spreading  thereof  with 
an  addition  thereto] 

The  Bill  Entituled  [An  Act  for  the  further  explaining  and  rendring  more  effectual  the  two 
Acts  therein  mentioned  so  far  as  they  relate  10  the  City  of  New  York]  and 

The  Bill  entituled  [An  Act.  to  enable  the  proprietors  or  owners  of  that  part  of  the  great 
plains  in  Queens  County  which  lies  within  the  Townships  of  Hempstead  and  Oysterbay,  and  is 
used  as  a  Common  of  Pasture  to  hang  Swinging  Gates  on  the  Highways  running  thro'  the  said 
plains,  and  to  establish  puidential  orders  and  rules  with  respect  to  the  management  of  the  said 
Common]  be  now  read  the  second  time. 

Then  the  said  three  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  Whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Assignees  of  Insolvent  Debtors  more  effectually  to  dispose  of  the  Estates  of 
such  debtors  for  the  benefit  of  their  Creditors]  and  after  .some  time  spent  therein 


1756.]  Sir  Charles  Hani//,  Knight,  Governor.  1245 

The  Speaker  resumed  the  Chair,  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  said  Bill,  and  directed  him  tJ  report  the  same  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 

Rcsolred,  that  the  said  Bill  do  pass. 

Mr  Alexander  dissented  to  the  said  Bill. 

Mr  Smith  dissented  to  the  said  Bill  Because  by  his  Majesty's  Commission  this  House  is 
restrained  to  pass  any  Bill  repugnant  to  the  Laws  of  England,  arid  the  said  Bill  appears  to  him 
to  be  repugnant  to  the  Statute  de  donis  conditionalibus.  And  it  doth  not  appear  to  him  that 
the  Legislature  within  this  Province  can  enact  any  Method  to  dock  an  Entail  th.it  is  not  founded 
on  the  Law  and  usage  of  England. 

The  Speaker  then  left  the  Chair  and 

The  Council  re-solved  itself  in'o  a  Committee  of  the  whole  House  on  the  Bill  Eutituled  [An 
Act  to  enable  the  Inhabitants  of  Ulsier  County  to  elect  and  Chuse  Surveyors  of  the  highways 
in  the  said  County  and  to  repeal  a  certain  Section  of  an  Act  therein  mentioned]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  house  on  the  Bill  entituled  [An 
Act  to  encourage  the  taking  and  destroying  of  Wild  Cats  in  the  County  of  SulFjlk]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Horsmanden  from  tin:  Committee  of  the  whole  house,  in  his  place  Reported  that  the 
Committee  had  gone  through  tiie  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. 

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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  amendment. 

T.'ie  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  Hous,!  on  the  Bdl  entitulud  [An 
Act  for  the  further  explaining  and  ren  lering  more  effectual!  the  two  Acts  therein  mentioned  so 
far  as  they  relate  to  the  City  of  New  York]  and  after  some  time  spent  therein 

The  Speaker  assumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  and  approved  of  and  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

ThD  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  enable  the  Proprietors  or  Owners  of  that  part  of  the  great  plains  in  Queens  County 
which  lies  within  the  Townships  of  Hempstead  and  Oysterbay,  and  is  used  as  a  Common  of 
Pasture,  to  hang  swinging  Gates  on  the  highways  running  through  the  said  Plains,  and  to 
establish  Prudential  Orders  and  Rules  with  respect  to  the  management  of  the  said  Common] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 


1246  Journal  of  the  Legislative  Council  of  New  York.  [" 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  desire  they 
will  be  pleased  to  inform  them  what  progress  the  House  have  made  in  the  Bill  sent  down  for 
their  concurrence  Entituled  [An  Act  more  effectually  to  hinder  Supplies  of  Provisions,  Naval 
und  Warlike  stores  to  be  carried  to  the  French.] 

The  Council  adjourned  till  Thursday  afternoon  3  o  clock. 


Thursday,  the  12"  day  of  February,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Coll0  Lot  with  the  Bill  Entituled, 
[An  Act  for  Naturalizing  Lambertus  De  Ronde.  Nicholas  De  Ronde,  Manual  Josephson,  Gershon 
Moses  Levy,  Benjamin  Lyon,  Hayman  David,  Jonas  Solomon,  Levy  Hart,  Johan  Casper  Zincke 
and  Daniel  Ranold]  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  the  further  explaining  and  rendring  more 
effectual  the  two  Acts  therein  mentioned  so  far  as  they  relate  to  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  Bill  Entituled  [An  Act  to  enable  the  Proprietors  or  Owners  of  that  part 
of  the  great  plains  in  Queens  County  which  lies  within  the  Townships  of  Hempstead  and 
Oysterbay,  and  is  used  as  a  Common  of  pasture,  to  hang  Swinging  Gates  on  the  highways 
running  through  the  said  plains,  and  to  establish  prudential  Orders  and  rules  with  respect  to  the 
Managment  of  the  said  Common]  bt>  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  Amendment. 

The  Council  adjourned  till  Tuesday  3  o  clock  P.  Meridiem. 


Tuesday,  the  17"'  day  of  February,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  naturalizing  Lambertus  De  Ronde,  Nicholas 
De  Ronde,  Manued  Josephson,  Gershon  Moses  Levy,  Benjamin  Lyon,  Hayman  David,  Jonas 
Solomon,  Levy  Hart,  Johan  Casper  Zincke,  and  Daniel  Ranold]  be  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered,  to  be  committed. 


1756.]  Sir  Charles  Hardy,  Kniglit,  Governor.  1247 

Mr  Banyar  Deputy  Secretary  brought  from  his  Excellency  a  copy  of  a  Message  to  the  General 
Assembly  with  the  two  Papers  therein  mentioned  and  the  Message  and  papers  being  read, 
The  Message  is  as  follow  viz' 

Gentlemen, 

Your  Resolutions  of  the  2Sth  ultimo,  I  transmitted  to  his  Excellency  Major  General  Shirley, 
and  now  send  you  an  Extract  of  his  Letter  to  me  thereupon,  with  a  Copy  of  a  Letter  to  him 
from  Lieu'  Colonels  Burton  and  Bradstreet  of  the  23d  of  January.  From  the  Intelligence 
in  the  latter,  you  will  see  how  necessary  it  is,  that  the  Quota  of  Men  to  be  furnished  by  this 
Province,  and  which  you  have  already  determined  to  provide  for,  should  be  raised  forthwith, 
that  the  Enemy  by  being  too  early  in  their  Preparations  may  not  disappoint  the  Service  the 
Provincial  Forces  are  to  be  employed  in.  I  therefore  recommend  to  you,  to  proceed  in  the 
Measures  necessary  to  enable  me  to  carry  your  Resolution  into  Effect,  and  to  draft  Men  from 
the  Militia,  should  a  sufficient  number  of  Voluntiers  not  offer  themselves  for  this  Service. 

CHAS  HARDY. 
Fort  George  N.  York 
16th  February  1756. 

A  Message  from  the  General  Assembly  by  Col°  Gale  and  Mr  Dupuy  with  the  Bill  Entituled 
[An  Act  to  vest  in  Trustees  a  Power  of  Selling  any  Quantity  of  unlocated  Lands  within  the 
patents  of  Minisink  and  Wawayanda,  for  raising  a  sum  not  exceeding  one  thousand  pounds  from 
each  of  the  said  patents  to  defend  the  Title  and  possessions  of  the  proprietors  of  the  said  two 
Patents  against  the  pretensions  of  the  People  of  East  New  Jersey  and  other  purposes  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  and 

On  the  Question  being  put 

Whether  the  Bill  should  be  read  the  second  time? 

Mr  Alexander  moved  that  he  might  have  a  Copy  of  the  Bill  in  order  to  enable  him  to  object 
against  the  second  reading  of  the  said  Bill. 

The  Council  adjourned  to  Thursday  at  11  o  clock  in  the  morning. 


Thursday,  the  19"'  day  of  February,  1756.   A.  M. 
The  Council  met  according  to  adjournment. 

PRESEXT —  The  Honourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENXEDY, 
JAMES  DE  LANCEY, 
DANIEL  HOESMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHX  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  to  revive  the  several  Acts  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  and 

Ordered  a  second  reading. 

His  Excellency  being  come  to  the  Council  Chamber  sent  a  Message  to  the  General  Assembly 
requiring  the  immediate  attendance  of  that  House,  and  the  General  Assembly  attending 
accordingly, 

His  Excellency  in  the  presence  of  the  Council  and  General  Assembly  gave  his  assent  to  the 
twelve  following  Bills  (viz1) 

An  Act  to  continue  An  Act  entituled,  An  Act  for  regulating  the  Militia  of  the  Colony  of  New 
York  with  some  additions  thereto. 

An  Act  for  the  better  clearing  amending  and  further  laying  out  publick  high-roads  and  others 
in  the  County  of  Ulster. 

An  Act  to  enable  Creditors  more  easily  to  recover  their  debts  from  joint  Partners. 
An  Act  impower  the  Freeholders  and  Inhabitants  of  Richmond    County  to  raise  by  way  of 
Lottery  a  sum  not  exceeding  the  sum  of  one  hundred  and  fifty  pounds,  to  purchase  Arms  and 


1248  ,  Journal  of  the  Legislative  Council  of  New  York.  ["iEs"™' 

accoutrements   for   the    use   of  such    Persons  in  the   said  County  as  are  unable   to  provide 
themselves  therewith. 

An  Act  to  estab'ish  the  ra'es  to  be  taken  for  Wharfage  of  Ships  and  other  Vessels  using  the 
Wharfs  therein  mentioned,  and  the  rates  to  be  taken  for  Cranage  within  the  City  of  New  York 
and  for  repealing  the  Act  therein  mentioned. 

An  Act  to  oblige  all  Persons  that  come  to  inhabit  or  reside  in  the  City  of  Albany  or  Township 
of  Schenectady  in  the  County  of  Albany,  in  order  to  expose  any  Goods,  Wares  or  Merchandizes 
to  sale,  at  any  time  after  the  annual  Assessments  made  for  the  necessary  and  contingent  Charges 
of  the  said  City  and  Township,  to  pay  their  just  proportions  towards  the  same. 

An  Act  to  enable  the  Inhabitants  of  Ulster  County  to  elect  and  chuse  Surveyors  of  the 
Highways  in  the  said  County  and  to  repeal  a  certain  section  of  an  Act  therein  mentioned. 

An  Act  to  enable  the  Assignees  of  Insolvent  Debtors  more  effectually  to  dispose  of  the 
Estates  of  such  Debtors  for  the  benefit  ot  their  Creditors. 

An  Act  for  the  further  explaining  and  rendring  nure  effectual  the  two  Acts  therein  mentioned, 
so  far  as  they  relate  to  the  City  of  New  York. 

An  Act  to  enable  the  Proprietors  or  Owners  of  that  part  of  the  Great  Plains  in  Queens 
Comity  which  lies  within  the  Townships  of  Hempstead  and  Oysterbay,  and  is  used  as  a  common 
of  Pasture,  to  hang  swinging  Gates  on  the  Highways  running  through  the  said  Plains,  and  to 
establish  prudential  orders  and  Rules  with  respect  to  the  management  of  the  said  Common. 

An  Act  to   revive  An  Act  ontituled,  An  Act  to  prevent  damages  by  Swine  in   the  County  of . 
Orange   and  some  parts  of  Ulster  County,  and  for  repealing  all  other  acts  relating  to  the  same 
within  the  said  County  of  Orange,  with  some  addition. 

An  Act  to  encourage  the  taking  and  destroying  of  Wild  Cats  in  the  County  of  Suffolk. 

After  which  the  said  twelve  Acts  were  published  in  the  usual  manner,  and  then  his  Excellency 
returned  to  the  Fort. 

The  Speaker  resumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Walton  and  Coll0  Lott  acquainting  the 
Council  in  answer  to  the  Message  of  this  House  desiring  to  know  what  progress  the  General 
Assembly  had  made  in  the  Bill  Entituled  [An  Act  more  effectually  to  hinder  supplies  of 
Provisions,  Naval  and  Warlike  Stores  to  be  carried  to  the  French]  That  the  House  of  Assembly 
conceives  the  Act  now  in  force  for  the  like  purpose  is  much  better  than  the  one  proposed.  That 
that  House  would  readily  join  in  any  reasonable  Measures  more  effectually  to  prevent  any 
supplies  being  carried  to  the  French,  but  are  of  opinion  that  the  operation  of  the  Bill  sent  down 
by  the  Council  for  that  purpose  depends  upon  such  a  variety  of  contingencies  as  must  render 
its  execution  difficult  and  perplexing,  if  not  impracticable,  for  which  reason  that  House  have 
declined  any  further  Proceedings  upon  it. 

The  Council  adjourned  till  3  o  clock  to  Morrow  afternoon. 


Fryday,  the  20"'  day  of  February,  1756.     P.  M, 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMHERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Onlm-il,  that  the  Bill  Entituled  [An  Act  to  revive  the  several  Acts  therein  mentioned]  be 
now  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time,  and 

Ordered  to  be  committed, 

The  Speaker  leit  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [Ar 
Act  to  revive  an  Act  entituled,  An  Act  for  the  better  clearing  regulating  and  further  laying  on 
public  High  Ways  in  the  County  of  Westchester  with  some  alterations]  and 

The  Bill  entituled  [An  Act  to  revive  the  several  Acts  therein  mentioned]  and  after  some  timt 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1249 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  two  Bills  were  read  the  third  time  and 

On  the  Question  being  severally  put 

Resolved,  that  the  said  two  Bills  do  pass. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  Amendment. 

Hr  Alexander  presented  his  Reasons  why  the  Bill  Entituled  [An  Act  to  vest  in  Trustees  a 
power  of  selling  any  Quantity  of  unlocated  Lands  within  the  patents  of  Minisink  and 
Wawayanda,  for  raising  a  sum  not  exceeding  one  thousand  pounds  from  each  of  the  said  Patents, 
to  defend  the  Title  and  possessions  of  the  proprietors  of  the  said  two  patents  against  the 
pretentious  of  the  people  of  East  New  Jersey  and  other  purposes  therein  mentioned]  should 
be  rejected  without  a  second  reading. 

Which  Reasons  being  read  were 

Ordered  to  entered  and  are  as  follow 

1"  For  that  his  Excellency  Sir  Charles  Hardy  our  Governor  did  on  the  20th  of  December  last 
Communicate  to  the  Members  of  the  Council,  an  Instruction  to  him  from  his  Majesty  (when  it 
was  ordered  to  be  entered  in  the  minutes)  in  or  nearly  in  the  words  following  to  witt 

That  you  do  not  give  your  assent  to  any  private  Act  until  proof  be  made  before  you  in 
Council  and  entered  in  the  Council  Books,  that  publickation  was  made  of  the  parties  intention 
to  apply  for  such  Act  in  the  several  parish  Churches  where  the  Premises  in  Question  lye,  for 
three  Sundays  at  least  successively  before  any  such  Act  shall  be  brought  into  the  Assembly. 

But  no  proof  has  been  made  before  his  Excellency  in  Council  ;md  entered  in  the  Council 
Books  of  any  publick  Notification  of  an  Intention  to  apply  for  this  Act  according  to  the  direction 
of  the  said  Instruction,  and  as  his  Excellency  for  want  of  that  cannot  give  his  Assent  to  this 
Bill,  it  can  be  of  no  use  to  this  House  to  pass  it  and  therefore  a  second  reading  thereof  useless. 

2d  For  that  if  it  should  be  pretended  that  sundry  affidavits  were  on  the  thirtieth  day  of  June 
last  read  before  the  Lieutenant  Governor  and  Council  tending  to  prove  a  Notification  of  an 
Intention  to  apply  for  such  a  Bill 

I  answer  that  pursuant  to  that  Notification,  a  Bill  was  sent  up  by  the  Assembly  to  this  House 
on  the  first  day  of  July  last,  considerably  different  in  its  Tenor  from  this  Bill,  and  upon  the 
first  reading  of  which,  objections  were  offered  to  the  second  reading  thereof,  which  were  entered 
in  the  Minutes  of  this  House  on  the  5th  day  of  July  last,  whereon  copies  of  the  objections  were 
ordered  to  be  given  to  those  who  sollicited  that  Bill,  and  tho'  that  Session  lasted  for  sundry 
weeks  after,  yet  no  answers  were  given  to  the  said  objections  in  order  to  induce  this  House  to 
give  that  Bill  a  second  reading,  nor  had  it  ever  a  second  reading,  and  by  the  first  prorogation 
since  that  time,  all  proceedings  concerning  that  Bill  were  put  an  end  to  and  consequently  to 
the  said  Notification  thereof,  whereby  that  former  Notification  of  that  Bill  can  bt>  no  Notification 
of  this  Bill  so  long  afterwards,  for  if  it  could  be  a  Notification  of  a  Bill  of  a  different  Tenor, 
brought  in  many  Months  after,  in  a  different  Session,  it  might  be  so  of  a  Bill  brought  in  many 
years  after,  which  would  render  of  no  effect,  not  only  the  words  but  the  Intent  and  meaning  of 
the  said  Instruction. 

3%  For  that  in  all  the  parts  in  this  Bill  which  are  similar  to  the  said  former  Bill,  those  parts 
are  lyable  to  the  like  objections  as  were  made  and  entered  in  the  Minutes  on  the  5lh  July  last, 
to  which  for  Brevity  he  refers. 

4th1''  For  that  by  this  Bill  it  is  alledged  that  the  Majority  of  the  Owners  of  the  Patents  of 
Mitiisink  and  Wawayanda  have  consented  to  bear  their  equal  proportions  of  the  Mmeys,  and 
chosen  the  Trustees  therein  mentioned  for  raising  those  moneys  by  sale  of  parts  of  the  said 
1'atents,  but  he  neither  knows  nor  believes  that  to  be  true,  and  clear  proof  of  that  fact  ought 
he  humbly  conceives  to  appear  to  this  House  before  the  second  reading  of  this  Bill,  that  those 
who  think  the  proof  insufficient,  may  have  the  opportunity  of  pointing  out  the  Insufficiences, 
and  having  them  entered  on  the  Minutes  of  this  House. 

5"iiy  That  were  it  true  that  a  Majority  of  the  Partners  of  the  said  Patents  had  consented  to 
the  sale  of  part  of  their  Inheritances  for  raising  Moneys  for  the  purposes  in  the  Bill,  yet  he 
humbly  conceives  that  that  is  no  reason  for  the  sale  of  the  Inheritances  of  the  Minority  who 
may  be  willing  to  pay  in  ready  Money  their  proportions,  and  for  his  part  he  declares  he  is  ready 
and  willing  to  pay  in  ready  money  his  proportion  of  the  ,£-300  therein  mentioned  to  he  paid 
by  the  partners  of  the  Minisink  arid  Wawayanda  Patents  for  the  Settling  of  the  Line  of  Partition 
between  New  York  and  New  Jersey,  and  he  humbly  conceives  an  Opportunity  ought  to  be  given 
to  all  other  Partners  to  pay  in  their  proportions  thereof  to  save  their  Inheritances  irom  being  sold 
by  persons  whom  they  never  Intrusted  for  that  purpose,  and  as  to  the  remaining  fifteen  hundred 
pounds  to  be  raised  by  this  Bill,  if  all  the  damages  pretended  to  have  been  suffered  were  really 
us  he  believes  by  Crimes  committed  by  the  sufferers  in  carrying  on  the  Scheme  pointed  out  by 

157 


1250  Journal  of  the  Legislative  Council  of  Neio  York.  [2'tusc"'™' 

page  50  of  the  printed  papers  annexed  to  the  Memorial  of  the  Proprietors  of  East  Jersey,  he 
humbly  conceives  they  are  no  way  intitled  to  the  aid  of  the  Legislature  to  reimburse  those 
damages,  and  that  their  Actions  for  which  they  suffered  those  damages,  were  not  criminal, 
cannot  appear  till  the  controversey  concerning  the  partition  Line  be  settled. 

JAS  ALEXANDER. 
Febry  20th  1756. 

Ordered,  that  all  persons  concerned  in  passing  the  said  Bill,  be  at  Liberty  to  take  copies  of 
the  said  Reasons  and  of  the  Bill. 

Then  the  Council  adjourned  till  Tuesday  the  2d  day  of  March  next. 


Tuesday,  the  second  day  of  March,  1756.  A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JAMES  ALEXANDER,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN.  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Excellency  in  the 
words  following 

Gentlemen, 

On  Tuesday  last  about  Noon,  a  Party  consisting  of  Thirty  or  Forty  Indians,  attack'd  and 
burnt  the  House  of  Philip  Swortwout  in  Ulster  County,  murdered  five  of  the  People,  took  a 
Woman  Prisoner,  and  destroyed  the  Cattle.  And,  lately  a  Man  was  killed  by  the  Indians  near 
Goshen.  For  your  further  Information,  I  send  you  the  Papers  containing  this  Intelligence. 
No  Time  should  be  lost  in  pursuing  proper  Measures  for  putting  a  Stop  to  these  Incursions, 
least  they  become  general,  and  the  Inhabitants,  for  want  of  a  speedy  and  eifectual  Assistance, 
be  forced  to  abandon  their  Settlements.  The  Hopes  of  Plunder  may  induce  other  Indians  not 
yet  in  Hostility  against  us,  to  join  the  Enemy,  and  it  would  be  increasing  the  Misfortune  of  the 
People  exposed  by  their  Situation  to  such  Barbarities,  to  throw  upon  them  the  chief  Burthen  of 
an  Expence  which  ought  to  be  borne  by  the  whole  Province. 

I  therefore  earnestly  recommend  to  you  to  make  Provision  for  supporting  a  sufficient  Force  to 
drive  off  the  Enemy,  and  pursue  them  even  to  the  Places  of  their  Residence  or  Retreat,  and 
thus  reduce  them  to  the  Necessity  of  desiring  Peace.  In  this  Measure  there  is  no  Room  to 
doubt  New-Jersey  will  readily  join  us,  and  as  soon  as  I  know  your  Resolutions  to  subsist  a  Body 
of  Men  for  this  Service,  I  will  transmit  them  to  that  Government. 

CHAS  HARDY. 
Fort  George  New  York 

the  2d  March  175G. 

The  Council  adjourned  till  Thursday  3  o  clock.  P.  M. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1251 

Thursday,  the  fourth  day  of  March,  1756.  P  M 
The  Council  mett  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Excellency  in  the 
words  following 

Gentlemen, 

I  Send  you  Copies  of  a  Letter  from  his  Excellency  Major  General  Shirley,  and  the  Resolutions 
of  the  Province  of  Massachusets-Bay,  to  raise  a  Body  of  Men  for  an  Attempt  this  Year  upon 
the  French  Works  at  or  near  Crown-Point.  Also  a  Letter  from  Governor  Fitch,  of  the  first 
Instant,  informing  me  of  the  Number  of  Men  the  Colony  of  Connecticut  have  agreed  to  raise 
for  the  like  Service. 

Those  two  Governments  have  far  exceeded  the  Proportions  allotted  them,  in  Expectation  that 
the  other  Provinces  concerned  in  the  same  Expedition  last  Year  would  again  unite  and  raise  a 
sufficient  Force,  without  relying  upon  the  southern  Governments,  it  being  altogether  uncertain 
whether  they  will  contribute  their  Proportions,  and  of  the  utmost  Consequence  that  this  Service 
should  be  effected  this  Year. 

If  we  neglect  improving  the  present  Juncture  to  recover  his  Majesty's  just  Rights,  by 
rendering  our  selves  Masters  of  that  important  Post,  there  is  little  Probability  that  another  so 
favourable  will  offer,  as  the  French  will  use  every  Means  to  secure  Incroachments,  which  they 
had  not  been  tempted  to  make,  but  from  the  Advantages  they  foresaw  must  arise  to  the 
Possessor  of  them.  I  therefore  hope  you  will  chearfully  determine  to  augment  the  Quota  of 
Men  to  be  raised  by  this  Province,  in  Proportion  to  that  of  the  Eastern  Governments,  least  the 
Service  may  be  disappointed  for  the  Want  of  it. 

CHAS  HARDY. 
Fort  George  New  York 
4th  March  1756. 

The  Council  adjourned  till  Saturday  the  20th  Instant  at  3  o  clock  P.  Mr. 


Saturday,  the  20th  day  of  March,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PEESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col°  Beekman  and  Mr  Watts  with  the  Bill 
Entituled  [An  Act  for  raising  paying  and  subsisting  one  thousand  seven  hundred  and  fifteen 
effective  Men,  officers  included,  to  be  employed  in  conjunction  with  the  neighbouring  Colonies 
on  an  Expedition  for  reducing  the  French  Fort  at  Crown  Point,  and  carrying  on  an  offensive 
vvar  against  the  Indians  who  infest  the  Western  Frontiers  of  this  Colony  and  other  purposes 
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  and 

Ordered  a  second  reading. 

The  Council  adjourned  til  Monday  3  o  clock  P.  If 


1252  Journal  of  the  Legislative  Council  of  New  York. 

Monday,  the  22d  day  of  March,  175G.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL,  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esquires. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  entituled  [An  Act  for  raising  paying  and  subsisting  one  thousand  seven 
hundred  and  fifteen  Effective  Men,  officers  included,  to  be  employed  in  conjunction  with  the 
neighbouring  Colonies  on  an  Expedition  for  reducing  the  French  Forts  at  Crown  Point  and 
carrying  on  an  offensive  Warr  against  the  Indians  who  infest  the  Western  Frontiers  of  this 
Colony  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  adjourned  till  to  Morrow  3  o  clock  Post  Meridiem. 


Tuesday,  the  23d  day  of  March,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  3  o  clock  P.  M. 


Wednesday,  the  24'A  day  of  March,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled 
[An  Act  to  continue  an  Act  entituled  An  Act  to  prevent  infectious  Distempers  being  brought 
into  this  Colony  and  to  hinder  the  spreading  thereof  with  an  addition  thereto.]  And  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time,  and 


756.]  Sir  Charles  Hardy,  Knight,   Governor.  1253 

On  the  Question  being  put. 
Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
le  said  Bill  without  any  Amendment. 
The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Thursday,  the  25M  day  of  March,  1756. 
The  Council  met  according  to  adjournment. 

'RESENT —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  10  o  clock. 

Fryday,  the  26'"  day  of  March,  1756. 
The  Council  mett  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

JAMES  ALEXANDER, 
ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 

Monday,  the  29'*  day  of  March,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADER  COLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1254  Journal  of  the  Legislative  Council  of  New  York. 


Tuesday,  the  30"'  <%  of  March,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  [Morrow]  Morning  11  o  clock. 


Wednesday,  the  Blst  day  of  March,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [At 
Act  for  raising  paying  and  subsisting  one  thousand  seven  hundred  and  fifteen  effective  Men 
Officers  included,  to  be  employed  in  conjunction  with  the  neighbouring  Colonies  on  ar 
Expedition  for  reducing  the  French  Fort  at  Crown  Point,  and  carrying  on  an  offensive  Wan 
against  the  Indians  who  infest  the  Western  Frontiers  of  this  Colony,  and  other  purposes  thereir 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passec 
the  said  Bill  without  Amendment. 

Mr  Kennedy  dissented  to  the  s"aid  Bill  and  his  reasons  being  read  are  as  follows  (viz1) 

I  desire  my  Dissent  may  be  entered  to  the  passing  this  Bill.  Because  I  conceive  there  are 
some  things  in  it  derogatory  of  his  Majestys  Rights,  inconsistant  and  infringing  the  Acts  oi 
Trade. 

Troops  raised  for  the  publick  service  are  indisputably  in  the  disposition  of  the  King  or  his 
Captain  General,  who  from  the  Nature  of  things  and  of  his  office,  must  be  allowed  to  be  the 
best  Judge  of  the  degrees  of  the  danger,  and  where  most  pressing. 

When  the  danger  is  apparent,  Troops  are  levyed.  But  the  destination  is  absolutely  in  the 
Sovereign. 

We  may  have  some  Idea  of  the  present  danger,  but  circumstances  may  so  alter  the  nature  of 
things,  as  it  may  not  be  in  our  power  either  to  remedy  or  obviate  it.  Our  declaring  therefore 
by  a  Law  that  some  of  those  Troops  shall  goe  this  way,  some  that  way,  some  so  far,  and  not 
further,  is  encroaching  upon  the  rights  of  the  Sovereign,  and  inconsistant  with  the  first 
principles  of  Government  and  common  reason. 

The  provision  in  the  Bill  for  the  Security  of  two  County's,  seems  to  put  them  in  a  worse 
situation  than  they  were  before.  Thirty  five  shillings  is  given  to  Voluntiers  in  those  Countys 
to  purchase  a  Gun  and  a  Blancket.  If  none  appear  they  are  to  be  drafted  from  the  Regiments. 
The  Bounty  to  Crown  Point  is  £5  with  clothes,  Arms  and  every  other  Camp  necessary.  Now 


756.]  Sir  Charles  Hardy,  Knight,  Governor.  1255 

,-ill  not  every  Man  in  his  right  senses,  who  expects  or  even  suspects  his  being  drafted,  rather 
huse  the  j£o  &c  than  the  35s  which  will  hardly  buy  him  a  good  Gun.  Thus  the  defence  of 
hose  Counties  in  all  probability  is  like  to  be  left  to  the  Old  and  Superannuated,  and  it  will  be 
efended  I  doubt  accordingly. 

Itnpowering  Commissarys  to  take  into  their  Care  and  Custody  Gun  Powder  or  any  other 
ominodity  while  under  seizure  by  the  Officers  of  his  Majesty's  Customs  for  illegal  importation, 
nd  upon  Tryal  in  a  due  course  of  Law  in  the  Supreme  Court  of  the  Province,  which  is  well 
nowu  to  the  Gentlemen  of  the  Assembly  to  be  the  Cnse  of  the  Gun  powder  mentioned  in  the 
Sill,  is  an  infringement  of  the  Acts  of  Trade,  and  taking  upon  us  to  dispense  with  the  Laws 
f  Great  Britain  by  an  Act  of  this  Colony. 

AKCUD  KENNEDY. 

The  Council  adjourned  till  to  Morrow  Afternoon  4  o  clock. 


Thursday,  the  first  day  of  April,  1756.  P.  M. 
The  Council  met  according  to  adjournment. 

'RESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

His  Excellency  the  Governor  being  come  to  the  Council  Chamber  sent  a  Message  to  the 
jeneral  Assembly  requiring  the  immediate  attendance  of  the  House  and  they  attending 
iccordingly. 

His  Excellency  in  the  presence  of  the  Council  and  General  Assembly  was  pleased  to  give  his 
Assent  to  five  Bills  the  Titles  whereof  are  as  follow  viz1 

An  Act  for  the  payment  of  the  debts  due  from  this  Colony  and  other  purposes  therein 
mentioned. 

An  Act  for  raising  paying  and  subsisting  one  thousand  seven  hundred  and  fifteen  effective  Men, 
officers  included,  to  be  employed  in  conjunction  with  the  Neighbouring  Colonies  in  an  Expedition 
for  reducing  the  French  Fort  at  Crown  point,  and  carrying  on  an  offensive  War  against  the 
Indians  who  infest  the  Western  Frontiers  of  this  Colony,  and  other  purposes  therein  mentioned. 

An  Act  to  revive  An  Act  Entituled  An  Act  for  the  better  clearing  regulating  and  further 
laying  out  publick  Highways  in  the  County  of  Westchester  with  some  alterations. 

An  Act  to  revive  the  several  Acts  therein  mentioned. 

An  Act  to  continue  An  Act  Entituled,  An  Act  to  prevent  infectious  Distempers  being  brought 
into  this  Colony  and  to  hinder  the  spreading  thereof,  with  an  addition  thereto. 

After  which  the  said  five  Acts  were  published  in  the  usual  manner,  and  his  Excellency 
directed  the  Speaker  of  the  General  Assembly  to  adjourn  the  House  until  Tuesday  the  27tb  day 
of  April  Instant. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Tuesday  the  27lh  day  of  April  Instant. 


Tuesday  the  27'*  day  of  April,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Thursday  4  o  clock  Post  Meridiem 


1256  Journal  of  the  Legislative  Council  of  New  York 

Thursday,  the  29'*  day  of  April,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker 

JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Excellency  in  th 
words  following. 

Gentlemen, 

Immediately  after  your  Adjournment,  I  issued  Warrants  for  inlisting  the  Number  of  Men  t 
be  employed  by  this  Government,  in  Conjunction  with  the  Forces  of  the  other  Colonies,  i 
removing  the  French  from  their  Encroachments  at  and  near  Crown  point.  By  the  Returns  yc 
made  me,  a  considerable  Number  are  wanting  to  compleat  the  Levies.  The  Time  for  th. 
Provincial  Armies  assembling  at  Albany  draws  near,  and  as  there  is  little  Prospect  of  raisin 
the  Quota  of  this  Province,  by  voluntary  Inlistment  in  due  Time,  for  joining  the  Forces  of  th 
other  Governments,  without  a  Law  is  passed  to  detach  or  impress  the  Number  wanting  fror 
the  Militia,  I  recommend  it  to  you,  to  take  this  Matter  into  your  serious  Consideration,  an 
frame  a  proper  Bill  for  this  Purpose,  that  no  Time  may  be  lost  in  the  Prosecution  of  this  Servici 
The  Monies  granted  for  Maintaining  the  Troops,  not  yet  appropriated,  should  be  applied,  i 
order  to  be  lodged  in  the  Hands  of  the  Commissaries  and  Pay  masters,  as  the  Service  sha 
require. 

I  have  defer'd  raising  the  Forces  to  be  employed  in  Conjunction  with  the  Governments! 
New  Jersey  and  Pensilvania,  untill  I  received  a  determinate  Answer  from  Governor  Morris 
Extracts  ot  his  Letters  to  me  on  this  Subject,  I  now  send  you  for  your  Information,  and  mu; 
recommend  it  to  you,  to  make  Provision  for  the  Pay  and  Subsistence  of  the  400  Men,  intende 
for  that  Service,  that  I  may  give  the  necessary  Orders  for  their  being  raised  to  join  the  oth( 
Forces  destined  for  the  Service  against  Crown  point,  or,  if  necessary,  to  be  employed  in  tl 
Defence  of  the  Western  Frontier. 

The  Number  of  Forces  to  be  employed  this  Campaign ;  the  Reasons  I  have  to  hope  h 
Majesty  will  be  graciously  pleased  to  assist  his  Colonies  with  an  additional  Reinforcement  c 
Troops  from  Great-Britain,  and  the  Fleet  to  be  employed  in  North-America,  will  necessaril 
call  for  large  demands  of  Provisions  ;  the  absolute  Necessity  of  preventing  the  Enemys  drawin 
Supplies  from  the  Provision  Colonies,  and  the  ordinary  Consumption  of  the  Province,  ai 
Considerations  highly  worthy  your  Attention  ;  I  cannot  therefore,  but  earnestly  recommend  t 
you,  to  prepare  a  Bill,  to  prohibit  the  further  Exportation  of  Provisions. 

The  great  Demand  of  Carriages,  Horses,  &ca  for  the  Transportation  of  Provisions  and  Ston 
from  Albany,  both  Northward  and  Westward,  makes  it  necessary  to  ascertain  the  Rates  to  I 
taken  for  such  Services,  and  the  Prices  of  Materials,  that  private  Persons  may  not  tak; 
Advantage  of  the  publick  Exigencies. 

The  Militia  of  the  upper  Parts  of  the  Province,  particularly  the  Counties  of  Albany  ar, 
Dutchess,  have  of  late  been  frequently  imployed  in  long  Marches,  and  from  their  Situation  ai 
more  liable  to  be  called  upon  than  the  lower  Counties.  The  Militia  of  Orange  and  Ulster,  ha\ 
also  been  much  harrass'd  this  Winter,  in  keeping  constantly  Parties  on  their  Frontiers  for  ihe 
Defence.  You  must  be  sensible  that  this  Duty  falls  very  unequally  on  Individuals,  and  ofte 
on  those  whose  Families  Support  depends  on  their  Labour.  The  Readiness  they  have  shewn  > 
attend  the  several  Services,  when  called  upon  by  their  Officers,  encourages  me  to  hope,  yo 
will  take  this  Matter  into  your  Consideration,  and  make  them  an  Allowance  for  their  pai 
Service,  and  a  suitable  Provision  to  enable  them  to  bear  the  Losses  that  must  attend  their  futu 
marching  to  any  Parts  of  the  Frontier  that  may  require  their  Assistance. 

I  have  ordered  several  other  Papers  to  be  laid  before  you,  which  you  will  take  into  yoi 
Consideration. 

CHAS  HARDY. 

Fort  George  New  York 
29th  April  1756. 

The  Council  adjourned  till  Sunday  5  o  clock  P.  M. 


'56.]  Sir  Charles  Hardy,  Knight,  Governor.  1257 

Sunday,  (he  2d  day  of  May,  1756.  P.  M. 
The  Council  met  according  to  adjournment. 

JESEXT —  The.  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from   the  General  Assembly  by  Mr  Thomas  and  Coll0  Beekman  with  a  Bill 
itituled  [An  Act  to  revive  an  Act  entituled,  An  Act  more  effectually  to  restrain  the  exportation 
Provisions  aud  War  like  Stores  from  the  Colony  of  New  York  with  an  addition  thereto] 
isiring  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  said  Bill  was  read  the  second  time  aud 
Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  .Verplanck  with  the   Bill 
tituled  [An  Act  for  the  more  speedy  and  effectual  raising  the  Forces  to  be  furnished  by  this 
jlony  on  the  expedition  against  Crown  point]  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  said  Bill  was  read  the  second  time  and 
Ordered,  to  be  committed. 
The  Council  adjourned  till  to  morrow  morning  10  o  clock. 


Monday,  the  3rf  day  of  May,  1756. 
The  Council  met  according  to  adjournment. 

RESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
ct  to  revive  an  Act  entituled  An  Act  more  effectually  to  restrain  the  Exportation  of  Provisions 
id  War  like  Stores  from  the  Colony  of  New  York  with  an  addition  thereto]  and  after  some 
me  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Holland  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
=»d  gone  through  the  said  Bill,  and  made  several  Amendments  thereto  which  he  read  in  his 
lace,  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table  where  the  Amendments 
•ere  again  read,  and  being  agreed  to 

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  as  amended  do  pass. 

Ordered,  that  Mr  Holland  do  carry  back  the  said  Bill  to  the  General  Assembly  with  the 
mendments  made  thereto  by  the  Council  and  acquaint  the  House  that  the  Council  have  passed 
ie  said  Bill  with  those  Amendments  to  which  they  desire  their  Concurrence. 

The  Speaker  left  the  Chair  and 

158 


1258  Journal  of  the  Legislative  Council  of  New  York.  P'S  8e 


The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [A 
Act  for  the  more  speedy  and  effectual  raising  the  Forces  to  be  furnished  by  this  Colony  on  tl, 
Expedition  against  Crown  point]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  tl: 
Committee  had  gone  through  the  said  Bill,  and  directed  him  to  report  the  same  within 
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  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passe 
the  said  Bill  without  any  amendment. 

The  Council  adjourned  till  4  o  clock  P.  M. 


Monday,  the  3rf  day  of  May,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Verplanck  and  Mr  Thomas  with  the  Bill  Entitu 
[An  Act  to  enable  the  Inhabitants  of  the  Manner  of  Cortlandt  in  the  County  of  AVestchester 
elect  two  additional  Constables]  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. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Mr  Thomas  with  the  Bill  entitu! 
[An  Act  to  revive  An  Act  Entituled  An  Act  more  effectually  to  restrain  the  exportation1 
Provisions  and  War  like  stores  from  the  Colony  of  New  York  with  an  Addition  thereto  with  i> 
amendments  made  thereto  by  the  Council  acquainting  the  Council  that  the  General  Assem  ; 
have  agreed  to  the  said  Amendments  and  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  as  follows  viz' 

In  the  Title  the  word  Addition  struck  out  and  Alteration  inserted  instead  thereof:  page  1  1 
16  between  the  words  contained  and  Enacted  these  words  were  inserted  [Except  the  fou  i 
Enacting  clause  therein  relating  to  the  supplying  Spanish  Garisons  with  provisions.]     Pag 
line  17  After  the  word  Force  these  words  were  inserted  [from  the  Publication  hereof  for 
Term  of  twenty  one  days  and  after  the  expiration  of  the  said  term  of  twenty  one  days.] 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Tuesday,  the  4"1  day  of  May,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  enable  the  Inhabitants  of  the  Mannoi  > 
Cortlandt  in  the  County  of  Westchester  to  Ellect  two  additional  Constables]  be  now  read  ' 
second  time. 


]56.]  Sir  Charles  Hardy,  Knight,  Governor.  1259 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  having 

ne  through  the  same 

The  Speaker  resumed  the  Chair  and 

\Ir  Chambers  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 

1  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  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 

3  said  Bill  without  Amendment. 

His  Excellency  the  Governor  being  come  to  the  Council  Chamber  sent  a  Message  to  the 

ineral  Assembly  requiring  the  immediate  attendance  of  that  House. 

And  they  attending  accordingly  with  their  Speaker 

His  Excellency  in  presence  of  the  Council  and  General  Assembly  was  pleased  to  give  his 

sent  to  the  three  Bills,  the  Titles  whereof  are  as  follow  viz 

An  Act  for  the  more  speedy  and  effectual  raising  the  Forces  to  be  furnished  by  this  Colony 
.  the  Expedition  against  Crown  point. 

An  Act  to  revive  an  Act  entituled,  An  Act  more  effectually  to  restrain  the  Exportation  of 
•ovisions  and  Warlike  Stores  from  the  Colony  of  New  York  with  an  alteration  thereto. 

An  Act  to  enable  the  Inhabitants  of  the  Manner  of  Cortlandt  in  the  County  of  Westchester 
elect  two  additional  Constables. 

After  which  the  said  Acts  were  published  in  the  usual  manner. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  til  5  o  clock  P.  M. 


Tuesday,  the  fourth  day  of  May,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

RESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOSEPH  MUREAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Mr  Thomas  with  the  Bill  Entituled 
>\n  Act  to  limit  and  ascertain  the  Rates  to  be  taken  for  Carriages  to  be  employed  or  impressed 
ito  his  Majesty's  Service  in  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  to  be  read  a  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  til  to  Morrow  Morning  11  o  clock. 


1260  Journal  of  the  Legislative  Council  of  New  York.  [27th  s 

i 
Wednesday,  the  5"'  day  of  May,  1756. 

The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitulcd  [Ai 
Act  to  limit  and  ascertain  the  Rates  to  be  taken  for  Carriages  employed  or  impressed  into  hi 
Majesty's  Service  in  this  Colony]  and  the  Committee  having  gone  through  the  same 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  th 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  Bill  withou 
Amendment. 

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

Ordircd,  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passe 
the  said  Bill  without  any  Amendment. 

His  Excellency  being  come  to  the  Council  Chamber  sent  a  Message  to  the  General  Assembl 
requiring  their  immediate  attendance,  and  they  attending  accordingly 

His  Excellency  in  presence  of  the  Council  and  General  Assembly  was  pleased  to  give  h 
assent  to  the  following  Bill  viz' 

An  Act  to  limit  and  ascertain  the  Rates  to  be  taken  for  Carriages  employed  or  impressed  inl 
his  Majesty's  Service  in  this  Colony. 

And  after  the  same  was  published  His  Excellency  directed  the  Speaker  of  the  Gener 
Assembly  to  return  to  the  Assembly  Chamber  and  adjourn  the  House  to  Tuesday  the  25thlnstai 
there  to  meet  to  proceed  upon  Business  without  further  Notice. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  to  Tuesday  the  twenty  fifth  day  of  May  1756. 


[N.  T.  Col.  MSS.,  LXXXII.,  143.] 

BY  HIS  EXCELLENCY 

Sir  CHARLES   HARDY  Knight,  Captain  General  and  Governor  in  Chief  in  and  over  t! 
[(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  and  Vi 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  two 
fifth  day  of  May  Instant.     I  have  thought  fit  for  his  Majesty's  service  further  to  adjourn  and  I  > 
with  the  Advice  of  his  Majesty's  Council  hereby  further  adjourn  the  said  General  Assemb 
to   Tuesday  the  first  day  of  June  next  ensuing  then  to   meet  to  proceed  upon  Business 
which  all  his  Majestys  Subjects  concerned  therein  are  to  take  Notice  and  Govern  themseh- 
accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  Y(  > 
the  fifteenth  day  of  May  1756  in  the  twenty  ninth  year  of  the  Reign  of  c 
Sovereign  Lord  George  the  second  by  the  Grace  of  God  of  Great  Brit;i 
France  and  Ireland  King  Defender  of  the  Faith  &ca. 

CHAS  HARDY. 

By  his  Excellency's  Command 

Gw  BANYAK  D  Secry 

God  save  the  KING. 


1756.]  Sir  Charles  Haray,  Knight,  Governor.  1261 

[N.  Y.  Col.  MSS.,  LXXXII.,  152.] 

BY  HIS  EXCELLENCY 

Sir   CHARLES    HARDY  Knight,  Captain  General  and  Governor  in  Chief  in   and  over  the 
(L.  s )     Province  of  New  York  and  the  Territories  depending  thereon   in  America  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  Jlrs 
day  of  June  next.  I  have  thought  fit  for  his  Majesty's  service  further  to  adjourn  and  I  do  with 
the  advice  of  his  Majesty's  Council  hereby  further  adjourn  the  said  General  Assembly  to 
Tuesday  the  eighth  day  of  the  said  Month  of  June  then  to  meet  and  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  May  1756  in  the  twenty  ninth  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  and  so  forth. 

CHAS  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Svcry. 

God  save  the  KING. 


[  N.  Y.  Col.  MSS.,   LXXXII.,  155.  ] 

BY  nis  EXCELLENCY 

Sir  CHARLES  HARDY  Knight,  Captain   General  and  Governor  in  Chief  in   and  over  the 
(L.  s.)     Province  of  New    York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  eighth 

day  of  June  Instant  I  have  thought  fit  for  his  Majesty's  service  further  to  adjourn,  and  I  do  with 

the  advice  of  his  Majesty's  Council  hereby  further  adjourn  the  said  General  Assembly  to  Tuesday 

the  fifteenth  day  of  the  said  month  of  June  then  to  meet  and  proceed  upon  Business  of  which  all 

his  Majestys  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 

thejif/h  day  of  June  17-56  in  the  twenty  ninth  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  and  so  forth. 

CHAS  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR  D.  Cl.  Con. 

God  save  the  KING. 


[  N.  Y.  CoL  ilSS.,  LXXXII.,  158.1 

BY  ms  EXCELLENCY 

Sir  CHARLES  HARDY  Knight,  Captain  General  and  Governor  in   Chief  in   and   over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  fifteenth 
day  of  June  Instant  I  have  thought  fit  for  his  Majesty's  service  further  to  adjourn  and  I  do  with 


1262  Journal  of  the  Legislative  Council  of  New  York.  [277th  fe^™' 

the  advice  of  his  Majesty's  Council  hereby  further  adjourn  the  said  General  Assembly  to 
Thursday  the  twenty  fourth  day  of  the  said  month  of  June  next  then  to  meet  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  Geor°e  in  the  City  of  New  York 
the  twelfth  day  of  June  1756  in  the  twenty  ninth  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  and  so  forth. 

CHA8  HARDY. 
By  his  Excelkncy's  Command 

Gw  BANYAR  D  Secry 

God  save  the  KING. 


Thursday,  the  24'A  day  of  June,  1756. 

The  General  Assembly  having  on  the  fifth  day  of  May  last  by  his  Excellency's  directions  been 
adjourned  to  the  twenty  fifth  day  of  the  same  month  And  his  Excellency  having  by  several 
Proclamations  from  time  to  time  since  published  adjourned  the  General  Assembly  to  this  day, 

The  Council  met  accordingly. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Tuesday  next  at  3  o  clock  P.  M. 


Tuesday,  the  29'A  day  of  June,  1756.  P.    M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono1'6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 

JOSEPH  MURRAY, 

EDWARD  HOLLAND, 

JOHN  CHAMBERS,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Excellency,  which 
being  read  was 

Ordered  to  be  entered  and  is  as  follows 

Gentlemen, 

Having  received  a  Letter  bearing  Date  the  13th  of  March  last,  from  the  Right  Honourable 
Henry  Fox,  one  of  his  Majesty's  principal  Secretaries  of  State,  I  have  an  opportunity  to  acquaint 
you  that  his  Majesty  has  been  pleased  to  appoint  the  Right  Honourable  the  Earl  of  Loudoun, 
Commander  in  Chief  of  all  his  Forces  in  North-America,  and  to  order  two  Regiments,  (which 
are  already  arrived  here)  also  a  Train  of  Artillery,  and  a  sufficient  Quantity  of  warlike  Stores, 
for  the  publick  Service  in  these  Parts. 

I  am  commanded  by  his  Majesty  to  signify  to  you,  that  as  it  is  of  the  greatest  Importance 
that  the  King's  Regiments  in  North  America,  as  well  the  three  stationed  in  Nova  Scotia,  as 
those  in  this  Province,  should  be  recruited  as  soon  as  possible  to  their  full  Compliment  of 
1000  each,  it  is  his  Majesty's  Pleasure,  that  I  should  call  you  together  and  press  you 
and  I  do  accordingly  recommend  to  you  in  the  strongest  Manner  to  make  the  most  early  and 
effectual  Provision  for  raising,  and  assisting  his  Majesty's  Officers  to  raise,  such  a  Number  of 
Men  as  shall  be  sufficient  to  recruit  the  King's  Regiments  now  stationed  or  to  be  stationed  in 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1263 

North  America,  up  to  their  Establishments.  And  his  Majesty,  in  order  to  encourage  his  faithfull 
Subjects  to  engage  in  a  Service  so  essential  for  their  own  Defence  and  Preservation,  does  consent 
that  such  Recruits  shall  not  be  obliged  to  serve  any  where  but  in  North  America  ;  that  they 
shall  be  discharged  when  Hostilities  shall  cease  and  that  each  of  them  shall  have  a  Grant  of 
Two  Hundred  Acres  of  Land,  free  from  the  Payment  of  Quit  Rents,  for  ten  Years,  either  in  the 
Province  of  New  York,  New-Hampshire,  or  Nova-Scotia,  at  their  own  Choice,  the  Lands  to 
be  granted  them  on  producing  their  Discharge  from  the  Commander  in  Chief,  to  the  Governor 
of  either  of  the  said  Provinces,  respectively,  and  in  Case  they  should  be  killed  in  the  said 
Service,  their  Widows  and  Children  to  be  entitled  to  the  said  Lands,  in  such  Proportion  as  the 
Governor  and  Council  of  the  Province  wherein  such  Lands  lye  shall  direct. 

His  Majesty  from  his  tender  Concern  so  frequently  shewn  to  these  Colonies,  having  in  his 
great  Goodness  recommended  their  Case  to  the  Consideration  of  his  Parliament,  the  Parliament 
have  granted  the  Sum  of  ,£115,000,  to  be  distributed  in  such  Proportions  as  the  King  shall 
think  proper,  to  the  four  Provinces  of  New-England,  this  Province,  and  New-Jersey,  and  thereby 
enabled  his  Majesty  not  only  to  manifest  his  Sense  of  their  past  Services,  but  also  to  encourage 
them  for  the  future  to  exert  themselves  in  the  Service  with  Spirit  and  Vigor.  His  Majesty 
therefore  expects  that  Ids  Colonies  will  heartily  and  zealously  concur  in  every  Measure  which 
shall  be  thought  adviseable  for  carrying  on  the  War  in  North-America,  and  that  they  will  raise 
the  same  Number  of  Men  in  each  Colony,  as  were  raised  last  Year,  (whereof  as  great  a  Proportion 
as  may  be,  to  consist  of  Rangers)  to  act  in  Conjunction  with  the  King's  Troops,  in  such 
Operations  as  shull  be  undertaken  for  annoying  the  Enemy  and  recovering  his  Majesty's  just 
Rights,  and  to  be  ready  to  march  to  such  Place  as  the  Commander  in  Chief  shall  direct.  This 
Service  will  be  the  less  burthensome  to  the  Colonies,  as  the  raising  of  the  Men,  their  Pay,  Arms 
and  Cloathing,  will  be  all  that  will  be  required  of  them,  Measures  having  been  already  taken 
for  laying  up  Magazines  of  Stores  and  Provisions  of  all  Kinds,  at  the  sole  Expence  of  the 
Crown. 

It  is  also  hia  Majesty's  Pleasure  that  I  should  particularly  recommend  it  to  you,  to  maks 
Provision  out  of  such  Funds  as  already  exist,  or  may  hereafter  be  raised  for  the  King's  Service, 
for  repaying  the  Masters  of  such  indented  Servants  as  shall  engage  in  his  Majesty's  Service,  the 
Money  paid  by  the  said  Masters  upon  the  original  Contract,  in  Proportion  to  the  Time  such 
indented  Servants  have  to  serve. 

His  Majesty  also  expects,  that  the  Funds  now  raised  and  appropriated,  or  which  shall  be 
raised  for  the  publick  Service,  be  issued  and  applied  to  the  general  Service,  in  such  Manner  ss 
the  Commander  in  Chief  shall  direct. 

I  have  likewise  his  Majesty's  Commands  to  recommend  to  you,  to  pass  effectual  Laws  for 
prohibiting  all  Trade  and  Commerce  with  the  French,  and  for  preventing  the  Exportation  of 
Provisions  of  all  Kinds,  to  any  of  their  Islands  or  Colonies. 

The  Provision  you  have  already  made  for  the  raising  and  subsisting  a  larger  Body  of  Forces 
than  were  raised  by  this  Colony  for  the  Service  last  Year,  is  a  Proof  of  your  Attention  to  the 
Welfare  of  these  Colonies,  and  the  Danger  they  lie  exposed  to  from  an  active,  vigilant,  and 
enterprizing  Enemy,  which  cannot  fail  of  meeting  with  his  Majesty's  favourable  Acceptance. 
And  from  these  fresh  and  repeated  Instances  of  his  Majesty's  affectionate  Regard  for  the  Safety 
of  his  American  Subjects,  I  make  no  doubt  the  other  Matters,  which,  in  Obedience  to  his 
Commands,  I  now  earnestly  recommend  to  you  to  provide  for,  will  have  their  due  Weight  in 
the  Course  of  your  Deliberations,  and  that  you  will  do  every  Thing  therein  which  may  be 
expected  from  a  dutifull,  loyal,  and  gratefull  People. 

CHAS    HARDY. 

Fort  George  New  York 
29lh  June,  1756. 

The  Council  adjourned  till  Thursday  Morning  11  o  clock. 


Thursday,  the  first  day  of  July,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honoblt  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Cornell  with  the  Bill  Entituled 
[An  Act  to  continue  An  Act  Entituled,  An  Act  to  prohibit  the  sale  of  Rum  or  any  other  strong 
Liquors  to  any  Indian  or  Indians  within  the  City  or  County  of  Albany  excepting  at  the  Trading 


1264  Journal  of  the  Legislative  Council  of  New  York.  [2"jJ  £c™™.' 

House  at  Oswego  and  to  prevent  the  buying  exchanging  or  taking  in  Pawn  of  or  from  any  of 
the  said  Indians  any  Arms  Ammunition  or  Clothing]  desiring  the  concurrence  of  the  Council 
thereto. 

A  Message  from  the  General  Assembly  by  Col  Beekman  and  Mr  Walton  with  the  Bill  entituled 
[An  Act  to  enforce  and  render  more  effectual  An  Act  entituled,  An  Act  to  prevent  Vagrant  and 
Idle  persons  from  being  a  charge  and  expence  to  any  the  Counties  Cities  Towns  Manors  or 
Precincts  within  this  Province]  Desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  byMr  Thomas  and  Mr  Cornell  with  the  Bill  Entituled 
[An  Act  to  empower  the  Justices  of  Westchester,  Suffolk,  Queens,  Kings  and  Richmond 
Counties  respectively  to  bind  out  such  of  his  Majesty's  Subjects  commonly  called  Neutral 
French  as  have  been  removed  from  Nova  Scotia  to  this  Colony  and  distributed  into  the  said 
Counties]  Desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  three  Bills  bo  read. 

Then  the  said  three  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Cap1  Walton  and  Mr  Miller  with  the  Bill 
Entituled  [An  Act  for  enabling  the  surviving  Executors  of  the  last  Will  and  Testament  of 
Philip  Van  Cortlandt  Esquire  to  sell  and  dispose  of  so  much  of  the  real  Estate  whereof  he  died 
seized  as  will  be  sufficient  to  pay  his  Debts]  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  till  Monday  Afternoon  3  o  clock. 


Monday,  the  fifth  day  of  July,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col°  Beekman  and  Cap'  Winne  with  the  Bill 
Entituled  [An  Act  more  effectually  to  suppress  and  prevent  the  Counterfeiting  of  the  Paper 
Currency  of  this  Colony]  Desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap'  Dow  and  Cap'  Renselaer  with  the  Bill 
Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  to  prevent  the  Exportation  of 
Provisions  Naval  and  Warlike  Stores  from  the  Colony  of  New  York  to  Cape  Breton  or  to  any 
other  the  Dominions  of  the  French  King  or  Places  at  present  in  Possession  of  any  of  his 
Subjects]  Desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  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  prohibit 
the  sale  of  Rum  or  any  other  Strong  Liquors  to  any  Indian  or  Indians  within  the  City  or  County 
of  Albany,  excepting  at  the  Trading  House  at  Oswego,  and  to  prevent  the  buying  exchanging 
or  taking  in  Pawn  of  or  from  any  of  the  said  Indians  any  Arms  Ammunition  or  Clothing] 

The  Bill  Entituled  [An  Act  to. enforce  and  render  more  effectual  An  Act  entituled  An  Act  to 
prevent  vagrant  and  idle  Persons  from  being  a  charge  and  Expence  to  any  the  Counties  Cities 
Towns  Manors  or  Precincts  within  this  Province] 

The  Bill  Entituled  [An  Act  to  empower  the  Justices  of  Westchester,  Suffolk,  Queens,  Kings  & 
Richmond  Counties  respectively  to  bind  out  such  of  his  Majesty's  Subjects  commonly  called 
Neutral  French  as  have  been  removed  from  Nova  Scotia  to  this  Colony,  and  distributed  into  the 
said  Counties]  and 

The  Bill  Entituled  [An  Act  for  enabling  the  surviving  Executors  of  the  last  Will  &  Testament 
of  Philip  Van  Cortlandt  Esqr  to  sell  and  dispose  of  so  much  of  the  real  Estate  whereof  he  died 
seized  as  will  be  sufficient  to  pay  his  debts]  be  now  read  the  second  time. 

Then  the  said  four  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Afternoon  5  o  clock. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1265 

Tuesday,  the  Q'h  day  of  July,  1756.     P.  M. 
The  Council  met  according  to  adjournment 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  brought  to  the  Council  a  Message  from  his  Excellency  the  Governor  which  being 
read  was 

Ordered  to  be  entered  and  is  in  the  words  following  viz1 

Gentlemc?i, 

The  Right  Honourable  the  Lords  Commissioners  for  Trade  and  Plantations,  by  their  Letter 
of  the  20lh  of  March  hist,  having  signified  to  me,  that  it  appearing  to  them  upon  Consideration 
of  the  present  state  of  Indian  Affairs,  that  the  extravagant  Tracts  of  Land  which  have  at 
different  Times  been  granted  to  particular  Persons,  upon  Pretence  of  Purchases  made  of  the  Six 
Nations,  which  they  alledge  to  have  been  fraudulently  obtained  from  them,  has  been  one  of  the 
principal  Causes  of  the  Decline  of  our  Interest  with  the  said  Nations,  and  that  they  cannot  be 
induced  to  engage  heartily  and  sincerely  in  the  just  and  necessary  Measures  which  his  Majesty 
is  compelled  to  take  for  the  Recovery  of  his  undoubted  rights  in  America,  until  they  have 
received  full  Satisfaction  with  Respect  to  this  real  Grievance,  which  they  have  so  often  and  so 
strongly  complained  of.  I  am  directed  by  their  Lordships,  to  lay  this  Matter  before  you  for 
your  Consideration. 

The  Patents  or  Grants  which  the  Indians  principally  complain  of,  and  which  they  consider 
as  most  injurious  to  their  Rights,  are  those  commonly  called  Kayoderosseras,  Connojohary, 
and  that  at  the  Oneida  Carrying  place,  commonly  called  Oriskene,  and  if  proper  measures  are 
taken  to  vacate  and  annul  them,  there  will  be  little  Reason  to  doubt  but  that  the  Six  Nations 
will  act  in  Conjunction  with  us  against  the  French,  with  their  whole  united  Strength. 

As  the  most  effectual  Remedy  for  this  great  Evil,  must  be  the  Interposition  of  the  Legislature, 
in  passing  a  Law  for  vacating  arid  annulling  these  exorbitant  and  fraudulent  Patents,  a  Measure 
in  which  I  cannot  doubt  of  your  Concurrence,  as  it  will  be  so  much  for  his  Majesty's  Service, 
for  the  Honour  and  Interest  of  the  Province,  and  for  the  Advantage,  Welfare  and  Security  of 
the  People,  I  therefore  earnestly  recommend  it  to  your  serious  Consideration. 

I  send  you  for  your  Information  Copies  of  several  Conferences  with  the  Indians  on  this 
Subject. 

CHAS  HARDY. 
Fort  George  City  of  New  York 
the  Glh  July  L75<5. 

Ordered,  that  the  Bill  Entituled  [An  Act  more  effectually  to  suppress  and  prevent  the 
Counterfeiting  of  the  paper  Currency  of  this  Colony]  and  the  Bill  entituled  [An  Act  to  continue 
An  Act  entituled  An  Act  to  prevent  the  exportation  of  provisions,  Naval  and  Warlike  stores 
from  the  Colony  of  New  York  to  Cape  Breton  or  to  any  other  the  Dominions  of  the  French 
King  or  places  at  present  in  possession  of  any  of  his  subjects]  be  now  read  the  second  time. 

Then  the  said  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  Entituled,  An  Act  to  prohibit  the  sale  of  Rum  or  any  other  strong 
Liquors  to  any  Indian  or  Indians  within  the  City  or  County  of  Albany,  excepting  at  the  Trading 
House  at  Oswego,  and  to  prevent  the  buying,  exchanging  or  taking  in  pawn  of  or  from  any  of 
the  said  Indians  any  Arms,  Ammunition  or  Clothing]  and  the  Bill  Entituled  [An  Act  to  empower 
the  Justices  of  Westchester,  Suffolk  Queens,  Kings  and  Richmond  Counties  respectively,  to 
bind  out  such  of  his  Majesties  subjects  commonly  called  Neutral  French  as  have  been  removed 
from  Nova  Scotia  to  this  Colony  and  distributed  into  the  said  Counties.  And  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of^the  whole  House  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  the  said  two  Bills 

Ordered  a  third  reading. 

159 


1266  Journal  of  the  Legislative  Council  of  New  York.  [Tihse'"™' 

The  Speaker  then  left  the  Chair,  and 

The  Council  resalved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  enabling  the  surviving  Executors  of  the  last  Will  and  Testament  of  Philip  Van  Corthindt, 
Esqr  to  sell  and  dispose  of  so  much  of  the  real  Estate  whereof  he  died  seized  as  will  be  suflicient 
to  pay  his  debts]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  th«  Committee  of  the  whole  house  in  his  place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  with  an 
Amendment,  which  he  read  in  his  place  and  then  delivered  the  Bill  with  the  Amendment  in  at 
the  Table,  where  the  Amendment  was  again  read,  and  being  agreed  to 

Ordered,  that  the  amendment  be  engrossed,  and  that  the  Bill  be  read  the  third  time  as 
amended. 

The  Speaker  then  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  enforce  and  render  more  effectual  An  Act  entituled  An  Act  to  prevent  Vagrant  and  Idle 
persons  from  being  a  Charge  and  expence  to  any  the  Counties,  Cities,  Townes  Manors  or 
Precincts  within  this  Province]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Murray  Chairman  of  the  Committee  in  his  place  reported,  that  the  Committee  had  gone 
through  the  said  Bill  and  directed  him  to  report  the  same  with  amendments,  which  amendments 
he  read  in  his  place,  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table,  where 
the  Amendments  were  again  read,  and  being  agreed  to 

Ordered  to  be  engrossed.     And  the  Bill 

Ordered  a  third  reading  as  amended. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Excellency  which 
was  read  and 

Ordered  to  be  entered  and  is  as  follows 

Gentlemen, 

I  Have  ordered  the  account  of  the  Commissaries  of  the  Forces  to  be  laid  before  you  from 
which  you  will  find  it  is  necessary  that  more  money  should  be  lodged  in  their  hands  to  enable 
them  to  carry  on  the  publick  service,  and  I  recommend  to  you  to  make  Provision  accordingly. 

As  the  Barracks  already  built  at  Albany  and  Schenectady  will  be  insufficient  to  accommodate 
the  number  of  Troops  which  will  probably  be  quartered  there  during  the  winter,  and  this  is 
the  proper  season  for  erecting  others,  I  must  recommend  that  you  will  make  immediate 
Provision  for  so  necessary  an  expence,  that  I  may  give  the  proper  orders  in  due  time  for  erecting 
such  other  Barracks  as  the  General  and  Commander  in  Chief  of  his  Majesty's  Forces  shall  apply 
to  me  to  provide  for  the  Kings  Troops  he  may  think  fit  to  Quarter  in  this  Province. 

CIIAS  HARDY. 
Fort  George  New  York 
0  July  175G. 

The  Council  adjourned  till  to  morrow  morning  10  o'clock. 


Wednesday,  the  Th  day  of  July,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Cap'  Richard  and  Mr  Miller  with  the  Bill  Entituled 
[An  Act  for  the  better  apprehending  and  securing  Deserters  from  his  Majesty's  Forces  in 
America]  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  rend. 

Then  the  said  Bill  was  read  the  first  time  and 

Oidcrcd  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  10  o  clock. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1267 

Thursday,  the  8"'  day  of  July,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  (intituled  [An  Act  for  the  better  apprehending  and  securing  Deserters 
from  his  Majestys  Forces  in  America,  be  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  then  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  having 
gone  through  the  same 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  reported,  that  the 
Council  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  a  third  reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  enforce  and  render  more  effectual  An  Act 
entituled,  An  Act  to  prevent  Vagnuit  and  Idle  persons  from  being  a  Charge  and  Expence  to 
any  the  Counties,  Cities,  Towns,  Manors  or  Precincts  within  this  province]  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  Mr  Murray  do  carry  back  the  said  Bill  to  the  General  Assembly,  with  the 
Amendments  made  thereto  by  the  Council  and  acquaint  the  House  that  the  Council  have  passed 
the  snid  Bill  with  those  Amendments,  to  which  they  desire  their  Concurrence. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  enabling  the  surviving  Executors  of  the  last 
Will  and  Testament  of  Philip  Van  Cortlandt  Esqr  to  sell  and  dispose  of  so  much  of  the  real 
Estate  whereof  he  died  seized  as  will  be  sufficient  to  pay  his  Debts]  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. 

liesoh-cd  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Chambers,  do  carry  back  the  said  Bill  to  the  General  Assembly  with  the 
amendment  made  thereto  by  the  Council,  and  acquaint  the  House  that  the  Council  have  passed 
the  Bill  with  the  said  Amendment  to  which  they  desire  their  Concurrence. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  continue  An  Act  intituled  An  Act  to  prohibit 
the  sale  of  Rum  or  any  other  strong  Liquors  to  any  Indian  or  Indians  within  the  City  or  County 
of  Albany,  excepting  at  the  trading  House  at  Oswego,  and  to  prevent  the  buying  exchanging 
or  taking  in  Pawn  of  or  from  any  of  the  said  Indians  any  arms  ammunition  or  Clothing.] 

The  Bill  Entituled  [An  Act  to  empower  the  Justices  of  Westchester  Suffolk  Queens  Kings 
and  Richmond  Counties  respectively  to  bind  out  such  of  his  Majesty's  Subjects  commonly  called 
Neutral  French  as  have  been  removed  from  Nova-Scotia  to  this  Colony,  and  distributed  into  the 
said  Counties]  and 

The  Bill  Entituled  [An  Act  for  the  better  apprehending  and  securing  Deserters  from  his 
Majesty's  Forces  in  America]  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  respective  Bills  do  pa?s. 

Ordered,  that  Mr  Holland  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  two  following  Bills 
viz'  the  Bill  Entituled  [An  Act  more  effectually  to  suppress  and  prevent  the  Counterfeiting  of 
the  Paper  Currency  of  this  Colony]  and 

The  Bill  Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  to  prevent  the  Exportation 
of  Provisions  naval  and  warlike  Stores  from  the  Colony  of  New  York  to  Cape  Breton  or  to  any 
other  the  dominions  of  the  French  King  or  places  at  present  in  Possession  of  any  of  his 
Subjects] 


1268  Journal  of  the  Legislative  Council  of  New  York.  [277'h  se™-,"'.' 

The  Committee  having  gone  through  the  said  Bills 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  two  Bills  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  said  two  Bills  be  read  the  third  time. 

Then  the  said  two  Bills  were  read  the  third  time  and 

On  the  Question  being  severally  put, 

Resolved,  that  the  said  respective  Bills  do  pass. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  amendment. 

A  Message  from  the  General  Assembly  by  Cap'  Richard  and  Cap'  Winne  with  the  Bill 
intitled  [An  Act  to  enforce  and  render  more  effectual  An  Act  entituled  An  Act  to  prevent 
Vagrant  and  idle  persons  from  being  a  Charge  and  expence  to  any  the  Countys,  Cities,  Towns, 
Manors,  or  precincts  within  this  province]  and  the  Amendments  made  thereto  by  the  Council, 
acquainting  the  Council  that  the  General  Assembly  have  agreed  to  the  said  amendments  and 
desire  that  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  accordingly  as  follows  ;  by  striking  out  the  word  fifty  in  line 
27  and  inserting  the  word  ten  in  the  room  thereof,  and  by  adding  the  following  words  after  the 
word  pounds  in  line  28  viz'  [And  if  any  person  so  neglected  to  be  Reported  to  the  Mayor  of 
the  said  City  as  directed  by  the  Act  aforesaid,  shall  be  a  Foreigner,  the  Master  of  any  Ship  or 
Vessel  so  neglecting  to  make  Report  as  aforesaid  of  such  Foreigner,  shall  forfeit  the  sum  of 
thirty  pounds.  And  any  Householder  who  shall  entertain  in  his  House  or  Family  any  such 
Foreigners  and  not  make  the  same  known  to  the  Mayor  of  the  said  City  within  twenty  four 
hours  after  he  shall  receive  such  Foreigner  into  his  House  or  Family,  shall  forfeit  the  sum  of 
five  pounds  the  said  respective  Forfeitures.] 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Col"  Lott  with  the  Bill  Entituled 
[An  Act  for  enabling  the  surviving  Executors  of  the  last  Will  and  Testament  of  Philip  Van 
Cortlandt  Esqr  to  sell  and  dispose  of  so  much  of  the  Real  Estate  whereof  he  died  seized  as 
•will  be  sufficient  to  pay  his  Debts]  and  the  amendment  made  thereto  by  the  Council  acquainting 
the  Council  that  the  General  Assembly  have  agreed  to  the  said  Amendment  and  desire  the  Bill 
may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  accordingly  as  follows  by  inserting  at  the  end  of  the  25th 
line  of  page  3  these  words  [saving  nevertheless  the  right  of  his  Majesty  his  heirs  and  successors, 
all  Bodies  Politick  or  Corporate  and  of  all  other  persons,  except  such  as  are  mentioned  in  this 
Act  and  those  Claiming  by  from  or  under  them.] 

The  Council  adjourned  till  to  morrow  morning  11  o  Clock. 


Fry  (lay,  the  9"'  day  of  July,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoHe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOHN  RUTHERFORD, 
JOSEPH  MURRAY, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS,  Esquires. 

The  Speaker  assumed  the  Chair. 

His  Excellency  the  Governor  being  Come  to  the  Council  Chamber 

The  Speaker  left  the  Chair. 

His  Excellency  sent  a  Message  to  the  General  Assembly  requiring  the  immediate  attendance 
of  that  House  and  they  attending  accordingly. 

His  Excellency  in  presence  ot  the  Council  and  General  Assembly  was  pleased  to  give  his 
assent  to  seven  Bills  the  Titles  whereof  are  as  follow  vi/A 

An  Act  to  continue  An  Act  Entituled  An  Act  to  prohibit  the  sale  of  Rum  or  any  other  strong 
Liquors  to  any  Indian  or  Indians  within  the  City  or  County  of  Albany  excepting  at  the  Trading 
House  at  Oswego  and  to  prevent  the  Buying  Exchanging  or  taking  in  Pawn  of  or  from  any  of 
the  said  Indians  any  Arms  Ammunition  or  Clothing. 

An  Act  to  enforce  and  Render  more  Effectual  An  Act  Entitled  An  Act  to  prevent  Vagrant 
and  idle  persons  from  being  a  Charge  and  expence  to  any  the  Counties  Citys  Towns  Manors 
or  precincts  within  this  province. 

An  Act  to  empower  the  Justices  of  Westchester  Suffolk  Queens  Kings  and  Richmond 
Counties  respectively  to  bind  out  such  of  his  Majesty's  Subjects  commonly  called  Neutral 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1269 

French  as  have  been  removed  from  Nova  Scotia  to  this  Colony  and  distributed  into  the  said 
Counties. 

An  Act  more  effectually  to  suppress  and  prevent  the  Counterfeiting  of  the  paper  Currency  of 
this  Colony. 

An  Act  to  continue  An  Act  Entituled  An  Act  to  prevent  the  Exportation  of  Provisions,  Naval 
and  Warlike  Stores  from  the  Colony  of  New  York  to  Cape  Breton  or  to  any  other  the 
Dominions  of  the  French  King  or  places  at  present  in  possession  of  any  of  his  Subjects. 

An  Act  for  the  better  apprehending  and  Securing  Deserters  from  his  Majesty's  Forces  in 
America,  and 

An  Act  for  enabling  the  surviving  Executors  of  the  last  Will  and  Testament  of  Philip  Van 
Cortlandt  Esquire  to  sell  and  dispose  of  so  much  of  the  Real  Estate  whereof  he  died  seized  as 
will  be  sufficient  to  pay  his  debts. 

After  which  the  said  seven  Acts  were  published  in  the  usual  manner,  and  his  Excellency  was 
pleased  to  prorogue  the  General  Assembly  to  Tuesday  the  17th  day  of  August  next. 


[  N.  Y.  Col.  MSS.,  LXXXIII.,  81.  ] 

BY  His  EXCELLENCY 

SIR  CHARLES  HARDY,  Knight  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New   York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the 
seventeenth  day  of  August  Instant  I  have  thought  fit  for  his  Majesty's  service  further  to  prorogue 
and  I  do  by  and  with  the  advice  of  his  Majesty's  Council  hereby  further  prorogue  the  General 
Assembly  to  Tuesday  the  twenty  first  day  of  September  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  the  City  of  Albany  the  sixth  day  of 
August  1756  in  the  thirtieth  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  and  so  forth. 

CHA8  HARDY. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Sucry. 

God  save  the  KING. 


TWENTY-SEVENTH  ASSEMBLY    EIGHTH  SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York 

begun  and  liolden  at  the  Cih/  Hall  in  the  City  of  New  York  on  Tuesday  the  twenty 

first  day  of  September  1756  in  the  thirtieth  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  and  so  forth. 

The  General  Assembly  of  the  said  Province  having  on  the  ninth  day  of  July  last  been 
prorogued  to  the  seventeenth  day  of  August  then  next  following  and  his  Excellency  Sir  Charles 


1270  Journal  of  the  Legislative  Council  of  Neio  York.  [2s!h  SOB"™.' 

Hardy  Knight  Captain  General  and  Governor  in  Chief  of  this  Province   having  by  sundry 
Proclamations  further  prorogued  the  General  Assembly  to  this  day, 
The  Council  met  accordingly. 

PRESENT —  The  Hono1'6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Friday  next  at  10  o  clock  in  the  Morning. 


Friday,  the  24"'  day  of  September,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Ho/to''16  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  RUTHERFURD, 
EDWARD  HOLLAND, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  the  Governor  being  come  to  the  Council  Chamber,  (the  Speaker  leaving  the 
Chair)  sent  a  Message  by  the  Deputy  Secretary  to  the  General  Assembly  requiring  the  immediate 
attendance  of  that  House.  And  they  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  copy  thereof  to  the  Speaker  of  the  General 
Assembly  ;  and  then  his  Excellency  returned  to  the  Fort. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Excellency's  Speech  be  read. 

Then  the  same  was  read  and 

Ordered  to  be  entered  and  is  as  follows  viz' 

Gentlemen  of  the  Council  and  General  Assembly. 

Having  during  your  Recess  received  Information,  that  the  Enemy  had  made  themselves 
Masters  of  Oswego,  a  Post  of  the  highest  Consequence  to  all  these  Colonies,  as  it  not  only  covered 
the  Six  Nations  of  Indians  from  the  Attempts  of  the  French  on  that  side,  but  by  opening  and 
keeping  up  an  Intercourse  between  the  English  and  those  Nations,  and  their  Allies,  may  be  said 
to  have  been  the  source  of  the  British  Influence  among  them:  I  tho't  it  proper  to  call  you 
together  at  this  Time,  that  you  might  be  ready  to  provide  for  any  Emergency  that  should  arise 
upon  this  Event. 

His  Majesty  called  upon  by  the  repeated  unwarrantable  Incroachments  of  the  French  on  his 
Territories,  particularly  in  America,  and  the  hostile  Invasion  of  the  Island  of  Minorca,  hath  at 
length  been  compelled  to  declare  War  against  the  French  King,  relying  on  the  Help  of  Almighty 
God  in  so  just  an  Undertaking,  and  the  hearty  Concurrence  of  his  Subjects  in  so  good  a  Cause. 
At  this  important  Juncture,  I  cnnnot  bat  congratulate  you  on  the  Arrival  of  the  Right  Honourable 
the  Earl  of  Loudoun,  whom  his  Majesty  hath  been  pleased  to  appoint  to  the  chief  Command  of 
all  his  Forces  in  North  America;  from  whose  Experience  and  Abilities  in  military  Affairs,  we 
may  expect  the  most  effectual  and  vigorous  Measures  will  be  taken  for  the  Defence  of  these 
Colonies,  and  distressing  the  Enemy.  And  I  shall  rely  on  you,  to  enable  me  from  Time  to  Time, 
to  give  him  that  Assistance,  which  the  Exigency  of  Affairs  may  requite. 

Upon  any  sudden  Emergency,  the  earliest  and  speediest  Assistance  that  can  be  given,  is  by 
the  Militia  of  Albany,  and  the  Counties  adjacent,  and  it  being  uncertain  upon  the  first  Intelligence 
of  the  Loss  of  Oswego,  how  far  the  Enemy  might  en  leavour  to  penetrate  into  this  Province, 
his  Lordship  called  upon  Sir  William  Johnson,  who  commands  the  Militia  of  Albany,  for  his 
Aid,  who,  agreeable  to  the  standing  Orders  he  has  from  me,  directed  500  out  of  each  of  the 
Butalions,  to  inarch  and  join  him  at  the  German  Flatts,  to  co-operate  with  his  Majesty's  Forces 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1271 

in  the  Defence  of  that  Part  of  the  Country,  the  greater  Number  whereof  did  accordingly  march 
hut  were  very  unwilling  to  stay,  complaining  of  the  Hardship  of  their  being  kept  on  Service, 
without  any  Allowance.  I  must  therefore  recomend  to  you  to  make  immediate  Provision 
for  a  reasonable  Compensation  to  them,  when  thus  employed,  that  they  may  be  ready  to  march 
on  all  Occasions  with  Alacrity. 

I  have  his  Majesty's  Commands  by  Letter  from  one  of  his  Principal  Secretaries  of  State  of 
the  15th  of  June  last,  to  receive  such  French  Prisoners  as  the  Commanders  of  any  of  his 
Majesty's  Ships  shall  apply  to  me  to  set  on  Shore  in  this  Government:  And  I  recommend  to 
you,  to  mnke  Provision  for  such  Prisoners,  as  also,  for  those  that  are  or  may  be  brought  in  by 
private  Ships  of  War. 

As  the  Troops  which  his  Majesty  hath  been  pleased  to  order  for  the  Defence  of  his  Colonies, 
may  occasionally  pass  through  this  Province,  an  early  Provision  should  be  made  for  Quartering 
them  conveniently  until  they  take  the  Field. 

I  have  received  and  paid  over  to  the  Treasurer,  the  Sum  of,  ,£14,323.  15.  3  Sterling, 
the  Balance  of  the  .£15.000  allotted  by  his  Majesty  to  this  Province,  out  of  the  Grant  of, 
.£115,000  made  by  Parliament,  to  be  distributed  to  the  Colonies  of  New  England,  New  York 
and  New  Jersey,  as  a  free  Gift  and  Reward  for  their  past  Services,  and  an  Encouragement  to 
them  to  continue  to  exert  themselves  with  Vigour,  in  the  Defence  of  his  Majesty's  just  Rights 
and  Possessions.  And  agreeable  to  the  King's  Warrant  now  laid  before  you  (with  the  other 
Papers  sent  therewith)  the  Treasurer  hath  given  sufficient  Security  for  the  safe  Custody  of  the 
Money,  until  it  shall  be  disposed  of  for  the  publick  Service  by  an  Act  of  the  Legislature.  You 
will  therefore  consider,  in  what  Manner  this  his  Majesty's  Bounty  may  be  best  applyed  to 
answer  the  Intention  of  the  Gift. 

Gentlemen  of  the   General  Assembly, 

In  my  Speech  of  the  3d  of  December  last,  I  did,  in  Obedience  to  his  Majesty's  Commands, 
recommend  the  passing  a  proper  Law  for  settling  a  pei  manent  Revenue  upon  a  solid  Foundation 
for  defraying  the  necessary  and  established  Charges  of  Government:  That  such  Law  should 
be  indefinite,  and  that  Provision  should  be  made  therein  for  competent  Salaries  to  the  Captains 
General,  and  likewise  to  Judges,  Justices,  and  other  necessary  and  usual  Officers  of  Government: 
which,  with  your  Address  to  me,  in  Answer  thereto,  I  transmitted  to  the  Right  Honourable  the 
Lords  Commissioners  for  Trade  and  Plantations,  and  which  their  Lordships  in  their  Letter  to 
me  of  the  4"'  of  March  last,  inform  me  they  had  laid  before  his  Majesty,  and  that  they  had 
received  his  Majesty's  Commands  to  signify  to  me,  that  as  the  present  Assembly  does  not  appear 
to  be  desirous  of  reviving  the  Claims  and  Pretentions  of  former  Assemblies,  and  have  declared 
that  they  do  not  mean  to  take  upon  them  the  executive  Power  of  Government,  belonging 
of  right  to  his  Majesty's  Governor,  and  that  as  I  had  represented  that  they  were  well  inclined 
to  concur  in  every  other  Measure  which  might  be  proposed  lor  his  Majesty's  Service,  his 
Majesty  is  pleased,  in  Consideration  thereof,  to  allow  and  permit  me  to  assent  to  such  Bills 
as  the  Assembly  shall  from  Time  to  Time  frame  and  pass  for  the  Support  of  Government, 
provided  they  are  in  all  other  Respects  conformable  to  his  Majesty's  Instructions  to  me,  with 
Regard  to  the  granting  and  disposing  of  publick  Money.  You  will  therefore  proceed  to  the 
framing  and  passing  a  Bill  for  this  Purpose,  previous  to  any  other,  conformable  to  his  Majesty's 
Pleasure:  And  here  I  cannot  avoid  observing  to  you,  how  inadequate  the  Salaries  of  his 
Majesty's  Governor  and  the  other  Officers  of  Government,  are  to  their  Services,  arising  from 
the  Difference  in  the  present  Value  of  the  Currency,  compared  to  what  it  was  formerly. 

I  must  desire  you,  Gentlemen,  to  provide  for  the  other  Services  recommended.  And  as  in  time 
of  War  the  Exigencies  of  Government  greatly  increase  the  publick  Charge,  it  may  be  difficult 
to  support  the  Credit  of  our  Paper  Currency,  unless  new  Funds  are  established,  and  the  growing 
Income  thereof  applied  to  the  cancelling  the  Bills  already  made  current,  and  what  may  be 
necessary  to  be  struck  on  any  future  Emergency.  I  therefore  earnestly  recommend  it  to  you 
to  fall  upon  such  as  will  be  least  burthensome  to  the  People.  A  Stamp  Duty,  an  Excise  upon 
Tea,  a  Poll  Tax  on  Negroes,  and  such  others  as  the  Inhabitants  can  bear  with  least  Inconvenience. 

Gentlemen  of  the  Council  and  General  Assembly, 

The  passing  a  Law  for  vacating  and  annulling  those  Grants  of  Land  which  I  recommended 
to  you  in  your  last  Session,  is  become  more  necessary  now  than  ever,  as  your  Attention  to  that 
Matter  will  be  a  convincing  Proof  to  the  Indians,  of  your  Readiness  to  listen  to  their  Complaints, 
and  give  them  Redress,  and  cannot  fail  of  having  this  good  Effect,  of  holding  and  attaching  them 
more  firmly  to  the  British  Interest  at  this  Critical  Juncture,  when  their  Service  may  be  of  great 
Use. 

Unanimity  and  Dispatch,  in  all  our  publick  Measures,  are  never  more  desirable  than  while  we 
are  contending  with  an  Active  and  powerful  Enemy.  The  present  Posture  of  Affairs  requires 
the  most  animated  Resolutions;  and  I  trust  I  shall  find  in  you  such  as  will  place  you  in  the 
most  deserving  Light  to  your  King  and  Country. 

CHA3  HARDY. 
Fort  George  New  York 
24th  September,  1756. 


1272  Journal  of  the  Legislative  Council  of  New  York.  [2£{;  ££%; 

Ordered,  that  his  Excellencys  Speech  be  forthwith  printed. 

Mr  Horsmanden  then  moved  th-it  an  humble  Address  be  presented  to  his  Excellency  by  the 
Council  to  return  his  Excellency  their  hearty  thanks  for  his  Speech. 

To  express  their  grateful  Resentment  of  his  Excellency's  unwearied  Attention  to  the  publick 
concerns  of  this  Government;  and  to  assure  his  Excellency  that  this  House  will  chearfully 
concur  in  every  Measure  for  providing  for  the  publick  services  recommended  in  his  Excellency's 
Speech. 

Which  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  to  his  Excellency  accordingly. 

Ordered,  that  Mr  Horsmanden,  Mr  Murray  and  Mr  llutherfurd  be  a  Committee  to  prepare  the 
Draft  of  the  said  Address,  and  that  they  do  lay  the  same  before  the  Council  to  Morrow  Morning. 

The  Council  adjourned  till  to  Morrow  Morning  10  o'clock. 


Saturday,  the  25"'  day  of  September,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  RUTIIERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Horsmanden  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address 
to  his  Excellency  Reported  that  the  Committee  had  prepared  the  same,  which  he  read  in  his 
place,  and  then  delivered  the  DrafD  in  at  the  Table,  where  the  same  was  again  read,  and  being 
amended  was  agreed  to  and 

Ordered  to  be  engrossed. 

The  Engrossed  Address  to  his  Excellency  was  read  and  approved  of  and  the  Speaker 

Ordered  to  sign  the  same.     Which  being  signed  accordingly 

Ordered,  that  Mr  Murray  and  Mr  Rutherfurd  do  wait  on  his  Excellency  to  know  when  he  will 
be  pleased  to  be  attended  with  the  Council's  Address. 

The  said  Gentlemen  being  returned  Reported  that  they  had  waited  on  his  Excellency  with 
the  said  Message,  and  that  he  had  been  pleased  to  appoint  Monday  next  at  12  o'clock  when  he 
would  be  ready  to  receive  the  Councils  Address. 

The  Council  adjourned  till  Monday  morning  11  o'clock. 


Monday,  the  27"'  day  of  September,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and  with 

The  Council  went  to  the  Fort  to  present  the  Councils  Address  to  his  Excellency  and  being 
returned 

The  Speaker  resumed  the  Chair  and 

Reported  that  having  attended  his  Excellency  and  read  and  presented  to  him  the  Humble 
Address  of  the  Council  His  Excellency  had  returned  a  favourable  Answer  thereto,  which  being 
read  the  Address  and  Answer  were 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1273 

Ordered  to  be  entered  in  the  minutes  and  are  as  follow  viz' 

To  His  Excellency  Sir  CHARLES  HARDY  Knight  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America  and 
Vice  Admiral  of  the  same 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York 

May  it  please  your  Excellency, 

We  his  Majesty's  most  dutiful  and  loyal  Subjects  the  Council  for  the  Province  of  New  York, 
return  your  Excellency  our  hearty  thanks  for  your  Speech,  and  cannot  forbear  at  the  same 
[time]  expressing  our  sincere  Acknowledgments  of  your  Excellency's  unwearied  attention  to  the 
publick  concerns  of  your  Government  ever  since  your  Arrival.  Your  Excellency  has  with  the 
justest  reason  called  us  together  at  this  Critical  time  to  make  proper  Provision  for  any 
Emergency  which  may  arise  upon  the  present  conjuncture  of  Affairs. 

As  His  most  sacred  Majesty  called  upon  by  the  repeated  unwarrantable  encroachments  of  the 
French  on  his  Territories,  particularly  in  America,  and  the  hostile  Invasions  of  the  Island  of 
Minorca,  hath  at  length  been  compelled  to  declare  war  against  the  French  King,  relying  on  the 
Help  of  Almighty  God  and  the  hearty  concurrence  of  His  Subjects:  We  trust  from  the 
Goodness  of  the  Cause  that  his  Majesty  will  not  fail  of  the  divine  blessing  on  his  Arms,  and 
the  most  chearful  concurrence  of  all  his  Subjects,  particularly  of  those  in  these  Northern 
Colonies  who  are  so  deeply  concerned. 

His  Majesty  having  been  graciously  pleased  to  appoint  The  Right  Honourable  the  Earl  of 
Loudoun  to  the  Chief  Command  of  all  his  Forces  here,  We  have  the  greatest  Reason  to  expect 
from  his  Experience  and  Abilities  in  Military  Affairs,  that  the  most  effectual  and  vigorous 
Measures  will  be  taken  for  the  Defence  of  these  Colonies  and  distressing  the  Enemy. 

We  assure  your  Excellency  you  may  rely  on  our  utmost  endeavours  to  give  that  Assistance 
from  time  to  time  which  the  Exigency  of  Affairs  may  require,  and  that  we  will  readily  and 
chearfully  concur  in  every  Measure  for  providing  for  the  publick  services  which  you  have  been 
pleased  to  recommend. 

We  most  gratefully  acknowledge  the  Bounty  of  His  Majesty  and  the  Parliament  of  Great 
Britain  in  providing  a  sum  of  Money  to  alleviate  the  heavy  Burthen  of  Expence  these  Northern 
Colonies  have  unavoidably  sustained  by  the  unjust  and  ambitious  Projects  of  the  French. 

We  are  intirely  of  opinion  with  your  Excellency  that  at  this  time  the  greatest  attention 
should  be  paid  to  the  Complaints  of  the  Indians  touching  the  Patents  you  have  mentioned,  and 
shall  be  ready  to  give  full  proofs  of  your  Desire  to  redress  them,  that  the  Publick  may  reap 
the  good  Effects  of  attaching  them  more  firmly  to  the  British  Interest  at  this  critical  Juncture, 
when  their  service  may  be  of  great  use. 

As  unanimity  and  Dispatch  in  all  our  Publick  Measures  are  never  more  desireable  than  while 
we  are  contending  with  An  Active  and  powerful  Enemy;  and  as  we  have  the  Pleasure  to 
agree  in  Sentiments  with  your  Excellency  that  the  present  posture  of  Affairs  requires  the 
most  animated  Resolutions,  so  we  beg  leave  to  assure  your  Excellency  we  will  with  the 
greatest  chearfulness  exert  all  our  Abilities  that  your  Excellency's  confidence  in  us  may  not  be 
disappointed,  but  that  our  Actions  may  place  us  in  a  deserving  Light  to  our  King  and  Country. 

By  order  of  the  Council 

Council  Chamber  New  York  ARCH"  KENNEDY,  Speaker. 

25th  September  1 750. 

His  EXCELLENCY'S  Answer. 

Gentlemen, 

I  return  you  my  thanks  for  your  Address. 

The  Assurances  you  have  give  me  upon  the  present  posture  of  the  Publick  Affairs  cannot 
fail  of  placing  you  in  the  most  favourable  Light  to  His  Majesty ;  are  the  strongest  Proof  of 
your  Zeal  tor  his  service  and  your  Regard  to  the  Welfare  of  these  Colonies. 

It  gives  me  great  Satisfaction  to  find  rny  Attention  to  the  publick  concerns  of  this  Government 
meet  with  your  Approbation,  and  you  may  be  assured  I  shall  at  all  times  readily  concur  with 
you  in  promoting  its  true  Interest  and  Prosperity. 

CHAS  HARDY. 
Fort  George  New  York 

the  27th  Septemr  1756. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

Then  the  Council  adjourned  to  Wednesday  the  6th  of  October  next  at  11  o  clock  in  the 
Morning. 

160 


1274  Journal  of  the  Legislative  Council  of  New  York. 

Wednesday,  the  6lh  day  of  October,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honobie  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOSEPH  MURRAY, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Saturday  Morning  11  o  clock. 

Saturday,  the  9'*  day  of  October,  1756. 
The  Council  met  according  to  adjournm' 

PRESENT —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOHN  RUTHERFURD, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Verplanck  and  Mr  Filkin  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Mr  Snedeker  with  the  Bill 
Entituled  [An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  of  January  one  thousand  seven  hundred  and  fifty  seven  to  the  first 
day  of  January  one  thousand  seven  hundred  and  fifty  eight]  desiring  the  Concurrence  of  the 
Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Cornell  with  the  Bill  Entituled 
[An  Act  further  to  continue  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]  Desiring  the 
Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Capt"  Walton  and  Mr  Verplank  with  the  Bill 
Entituled  [An  Act  to  amend  An  Act  entituled  An  Act  to  empower  Justices  of  the  Peace  to  try 
Causes  from  forty  Shillings  to  five  Pounds]  Desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Mr  Dupuy  with  the  Bill  Entituled 
[An  Act  for  billeting  and  quartering  such  of  his  Majesty's  Forces  as  may  from  time  to  time  be 
ordered  and  directed  to  march  through  this  Colony]  Desiring  the  Concurrence  of  the  Council 
thereto. 

Ordered,  that  the  said  Bills  be  read. 

Then  the  said  five  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  til  Monday  Morning  11  o  clock. 


Monday,  the  11"'  day  of  October,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  TheHonu'jU  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  five  following  Bills  be  now  read  the  second  time  viz1 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  granting  to 

His  Mnjesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported 

into  this  Colony  therein  mentioned.] 


1756.]  Sir  Charles  Hardy,  Knight,   Governor.  1275 

The  Bill  Entituled  [An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors 
retailed  in  this  Colony  from  the  first  of  January  one  thousand  seven  hundred  and  fifty  seven  to 
the  first  of  January  one  thousand  seven  hundred  and  fifty  eight] 

The  Bill  Entituled  [An  Act  further  to  continue  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.] 

The  Bill  Entituled  [An  Act  to  amend  An  Act  entituled,  An  Act  to  empower  Justices  of  the 
Peace  to  try  causes  from  forty  shillings  to  five  pounds]  and 

The  Bill  Entituled  [An  Act  for  billeting  and  quartering  such  of  His  Majesty's  Forces  as  may 
from  time  to  time  be  ordered  and  directed  to  march  through  this  Colony.] 

Then  the  said  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Saturday  next  11  o  clock  in  the  Forenoon. 


Saturday,  the  16"'  day  of  October,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoNe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS,  Esqr>. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Tuesday  next  at  11  o  clock  in  the  Forenoon. 


Tuesday,  the  19'A  day  of  October,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  til  Friday  the  29th  Instant  at  11  o  clock  in  the  Forenoon. 


Friday,  the  29'A  day  of  October,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honou"  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Thomas  with  the  Bill  Entituled 
[An  Act  for  the  Payment  of  the  salaries  of  the  several  Officers  of  the  Government  to  the  first 
day  of  September  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  fifty  six]  desiring 
the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap'  Livingston  and  Mr  Mynderse  with  the 
Bill  Entituled  [An  Act  for  the  Payment  of  the  Salaries  of  the  several  officers  of  the  Government 
from  the  first  day  of  Sepf  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  fifty  six  to 
the  first  day  of  September  in  the  year  of  our  Lord  one  thousand  seven  hundred  &  fifty  seven] 
desiring  the  Concurrence  of  the  Council  thereto. 


1276  Journal  of  the  Legislative  Council  of  New  York. 

A  Message  from  the  General  Assembly  by  Cap'  Walton  and  Cap1  Renselaer  with  the  Bill 
Entituled  [An  Act  for  erecting  and  establishing  a  Stamp  office  in  this  Colony  for  stamping  all 
Vellum  Parchment  and  Paper  charged  with  the  several  Duties  therein  mentioned]  desiring  the 
Concurrence  of  the  Council  thereto. 

Ordered  that  the  said  Bills  be  read. 

Then  the  said  Bills  were  read  the  first  time  & 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Col.  Beekman  and  Mr  Cornell  with  the  Bill 
Entituled  [An  Act  for  raising  and  collecting  several  arrears  of  Taxes  laid  by  several  Acts  of  this 
Colony]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Col.  Lott  with  the  Bill  Entituled 
[An  Act  to  revive  the  operations  of  An  Act  entituled  An  Act  for  the  Relief  of  Insolvent  Debtors 
with  respect  to  the  Imprisonment  of  their  Persons  in  the  cities  of  New  York  and  Albany] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col.  Beekman  and  Mr  Cruger  with  the  Bill 
Entituled  [An  Act  for  laying  an  Excise  upon  all  Tea  of  foreign  Growth  retailed  within  this 
Colony]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  Gen1  Assembly  by  Mr  Miller  and  Mr  Cornell  with  the  Bill  Entituled  [An 
Act  to  enable  Humphry  Avory  of  the  County  of  Suffolk  to  sell  and  dispose  of  his  real  Estate 
in  the  said  County  by  way  of  Lottery  for  the  Payment  of  his  Debts]  desiring  the  Concurrence 
of  the  Council  thereto. 

Ordered,  (hat  the  said  Bills  be  read. 

Then  the  said  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  3  o'clock  in  the  afternoon. 


Friday,  the  29'A  day  of  October,  1756.    P  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  three  following  Bills 
to  wit. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned.] 

The  Bill  Entituled  [An  Act  to  amend  an  Act  entituled  An  Act  to  empower  Justices  of  the 
Peace  to  try  Causes  from  forty  shillings  to  five  pounds]  and 

The  Bill  Entituled,  [An  Act  for  billeting  &  quartering  s^ch  of  His  Majesty's  Forces  as  may 
from  time  to  time  be  ordered  and  directed  to  march  through  this  Colony.] 

And  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  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  two  first  mentioned  of  the 
said  three  Bills  without  any  Amendment. 

Which  report  on  the  Question  being  put  was  agreed  to  and  approved  of,  and  the  said  two  Bills 

Ordered  a  third  reading. 

Mr  Chambers  also  Reported  that  the  Committee  had  gone  through  the  Bill  Entituled  [An 
Act  for  billeting  and  quartering  such  of  his  Majesty's  Forces  as  may  from  time  to  time  be 
ordered  and  directed  to  march  through  this  Colony]  and  had  made  several  Amendments  thereto, 
which  ha  read  in  his  place,  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table, 
where  the  amendments  were  again  read,  and  being  agreed  to  were 

Ordered  to  be  engrossed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1277 

Saturday,  the  30'*  day  of  October,  1756. 

The  Council  met  according  to  adjournment. 
PRESENT — The  Hono1'6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  following  Bills  be  now  read  the  second  time,  that  is  to  say, 

The  Bill  Entituled  An  Act  for  the  Payment  of  the  salaries  of  the  several  Officers  of  the 
Government  to  the  first  day  of  September  in  the  year  of  Our  Lord  one  thousand  seven  hundred 
and  fifty  six. 

The  Bill  Entituled  An  Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  the 
Govprnment  from  the  first  day  of  September  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  fifty  six  to  the  first  day  of  September  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  fifty  seven. 

The  Bill  Entituled  An  Act  for  erecting  and  establishing  a  Stamp  Office  in  this  Colony  for 
Stamping  all  Vellum  Parchment  and  Paper  charged  with  the  several  Duties  therein  mentioned. 

The  Bill  Entituled  An  Act  for  raising  and  collecting  several  arrears  of  Taxes  laid  by  several 
Acts  of  this  Colony. 

The  Bill  Entituled  An  Act  to  revive  the  operations  of  An  Act  entituled  A'n  Act  for  the 
Relief  of  Insolvent  Debtors  with  respect  to  the  Imprisonment  of  their  Persons  in  the  Cities  of 
New  York  and  Albany. 

The  Bill  Entituled  An  Act  for  laying  An  Excise  upon  all  Tea  of  foreign  Growth  retailed 
within  this  Colony]  and 

The  Bill  Entituled  An  Act  to  enable  Humphrey  Avory  of  the  County  of  Suffolk  to  sell  and 
dispose  of  his  Real  Estate  in  the  said  County  by  way  of  Lottery  for  the  payment  of  his  Debts. 

Then  the  said  seven  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Wednesday  next  11  o  clock  in  the  Morning. 


Wednesday,  the  3d  day  of  November,  1756. 

The  Council  met  according  to  adjournment. 
PRESENT — The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  morning  11  o  clock. 

Thursday,  the  4M  day  of  November,  1756. 

The  Council  met  according  to  adjournment. 
PRESENT —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

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

The  Speaker  assumed  the  Chair. 

A  Message  from  His  Excellency  by  the  Deputy  Secretary,  which  was  read  and  is  in  the  words 
following. 

Gentlemen, 

As  the  season  will  soon  oblige  the  Troops  to  go  into  Winter  Quarters,  I  must  recommend  to 
you  to  make  Provision  for  the  subsistence  of  the  Forces  in  the  Pay  of  this  Province,  also  for 
furnishing  them  with  such  warm  Clothing  and  Necessaries  as  they  may  stand  in  need  of. 

I  desire  you  will  send  me  your  Resolutions  as  early  as  possible,  that  I  may  give  the  proper  orders. 
Fort  George  New  York  CHAS  HARDY. 

4th  November,  175G. 


1278  Journal  of  the  Legislative  Council  of  New  York.  [2£h  se^S!' 

Ordered,  that  the  Bill  Eritifculed  [An  Act  for  billetting  and  quartering  such  of  his  Majesty's 
Forces  as  may  from  time  to  time  be  ordered  and  directed  to  march  through  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  p^ss  as  amended. 

Ordered,  that  Mr  Horsmanden  do  carry  back  the  Bill  to  the  General  Assembly  with  the 
Amendments  made  thereto  by  the  Council,  and  acquaint  the  House  that  the  Council  have 
passed  the  Bill  with  those  Amendments  to  which  they  desire  their  concurrence. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  revive  the  operations  of  An  Act  entituled  An  Act  for  the  Relief  of  Insolvent  Debtors 
with  respect  to  the  Imprisonment  of  their  Persons  in  the  Cities  of  New  York  and  Albany] 
And  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  Reported  that  the  Committee  had  gone  through  the  said  Bill  and  made  an 
amendment  thereto,  which  he  read  in  his  place  and  then  delivered  the  Bill  with  the  amendment 
in  at  the  Table,  where  the  Amendment  was  again  read,  and  being  agreed  to,  was 

Ordered  to  he  Engrossed,  and  being  Engrossed,  the  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  as  amended  do  pass. 

Ordered,  that  M'Murray  do  carry  back  the  Bill  to  the  General  Assembly,  with  the  amendment 
made  thereto  by  the  Council,  and  acquaint  the  House  that  the  Council  have  passed  the  said 
Bill  with  that  amendment  to  which  they  desire  their  concurrence. 

The  Council  adjourned  till  4  o  clock  P'  Mer. 


Tuursday,  the  4'A  day  of  November,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Saturday  Morning  11  o  clock. 


Saturday,  the  6lh  day  of  November,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 

DANIEL  HORSMANDEN,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Thursday  next  11  o'clock  A.  M. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1279 

Thursday,  the  11"'  day  of  November,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  morning  10  o  clock. 


Friday,  the  12"'  day  of  November,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqrs- 

The  Speaker  assumed  the  Chair. 

Ordered  that  the  Bill  Entituled  [An  Act  farther  to  continue  An  Act  Entituled  An  Act  for 
granting  to  his  Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes 
imported  into  this  Colony  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. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Col.  Gale  with  the  Bill  Entituled 
[An  Act  to  repeal  part  of  the  several  Acts  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Capt"  Winne  and  Mr  Dupuy  with  the  Bill 
Entituled  [An  Act  to  revive  the  operations  of  An  Act  entituled  An  Act  for  the  relief  of 
Insolvent  Debtors  with  respect  to  the  Imprisonment  of  their  Persons  in  the  Cities  of  New  York 
and  Albany]  and  the  amendment  thereto;  acquainting  the  Council  that  the  General  Assembly 
agree  to  the  said  Amendment  and  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  amended. 

The  Council  adjourned  til  to  Morrow  Morning  10  o  clock. 


Saturday,  tlie  13'A  day  of  November,  1756. 

The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq" 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Col  Beektnan  with  the  Bill  Entituled 
[An  Act  for  raising  by  a  publick  Lottery  for  this  Colony  the  sum  of  one  thousand  one  hundred 
and  twenty  five  pounds  towards  erecting  a  new  Goal  in  the  City  of  New  York]  desiring  the 
Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 


1280  Journal  of  the  Legislative  Council  of  New  York.  Pslh  seS' 

Then  the  said  Bill  was  read  the  first  time  and 
Ordered  a  second  reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  repeal  part  of  the  several  Acts  therein  mentioned] 
be  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered,  to  be  committed. 

The  Council  adjourned  til  Monday  morning  11  o  clock. 


Monday,  the  15'*  day  of  November,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  entituled  [An  Act  for  raising  by  a  publick  Lottery  for  this  Colony  the 
sum  of  one  thousand  one  hundred  and  twenty  five  pounds  towards  erecting  a  new  Goal  in  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  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  the  Government  to  the  first  day 
of  September  in  the  year  of  our  Lord  One  thousand  seven  hundred  and  fifty  six]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  the  Government  from  the  first 
day  of  September  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  fifty  six  to  the 
first  day  of  September  in  the  year  of  Our  Lord  one  thousand  seven  hundred  and  fifty  seven]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  a  third  reading. 

A  Message  from  his  Excellency  the  Governor  by  Mr  Banyar  Deputy  Secretary,  which  was 
read  &  is  in  the  words  following 

Gentlemen, 

His  Excellency  the  Earl  of  Loudoun  having  demanded  Quarters  in  this  City  for  a  Batalion  of 
the  Royal  American  Regiment,  and  his  Lordship  having  informed  me  they  were  soon  to  embark 
from  Albany,  and  part  of  them  are  already  arrived  and  are  now  encamped  :  I  have  ordered  the 
Barracks  to  be  prepared  and  the  Blockhouses  to  be  fitted  up  for  the  Reception  of  as  many  men 
as  can  be  quartered  therein  But  as  the  whole  number  cannot  be  thus  disposed  of,  it  is  necessary 
that  Provision  be  made  for  the  Remainder. 

The  Troops  in  the  Barracks  and  Blockhouses  must  be  provided  with  Fire,  Candle  Light  and 
Beds,  Articles  of  Expence  included  in  that  of  Quarters. 

I  do  therefore  recommend  to  you  to  make  immediate  Provision  for  these  necessary  services 
that  his  Majesty's  Troops  may  suffer  no  inconvenience  for  want  of  Quarters. 

CIIAS  HARDY. 
Fort  George  New  York 

15lh  November  1756. 

The  Council  adjourned  till  to  Morrow  morning  11  o'clock. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1281 

Tuesday,  the  16'A  day  of  November,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  regulate  the  Collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony 
from  the  first  of  January  one  thousand  seven  hundred  and  fifty  seven  to  the  first  of  January 
one  thousand  seven  hundred  and  fifty  eight]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  house  on  the  Bill  entituled  [An 
Act  for  raising  by  a  publick  Lottery  for  this  Colony  the  sum  of  one  thousand  one  hundred  and 
twenty  five  pounds  towards  erecting  a  New  Goal  in  the  City  of  New  York]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  house,  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  a  third  reading. 

The  Council  adjourned  till  Friday  morning  11  o  clock. 


Friday,  the  19'*  day  of  November,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Ho?ioMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  enable  Humphrey  Avory  of  the  County  of  Suffolk  to  sell  and  dispose  of  his  real  Estate 
in  the  said  County  by  way  of  Lottery  for  the  Payment  of  his  Debts]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  repeal  part  of  the  several  Acts  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

161 


1282  Journal  of  the  Legislative  Council  of  New  York 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  a  third  reading. 

The  Council  adjourned  til  Tuesday  next  at  4  o  clock  in  the  afternoon. 


Tuesday,  the  23d  day  of  November,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono1'6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Resolved,  that  a  Conference  be  desired  with  the  General  Assembly  on  the  subject  Matter  of 
the  Bill  Entituled  [An  Act  for  erecting  and  establishing  a  Stamp  Office  in  this  Colony  for 
Stamping  all  Vellum  Parchment  and  Paper  charged  with  the  several  Duties  therein  mentioned] 
And  the  Bill  Entituled  [An  Act  for  laying  an  Excise  upon  all  Tea  of  foreign  Growth  retailed 
within  this  Colony.] 

Ordered  that  Mr  Smith  acquaint  the  General  Assembly  that  the  Council  desire  a  Conference 
with  that  House  on  the  Subject  Matter  of  the  said  two  Bills. 

A  Message  from  the  General  Assembly  by  Mr  Lott  and  Mr  Thomas  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  Entituled  An  Act  for  regulating  the  Militia  of  the  Colony 
of  New  York  and  for  continuing  An  Act  Entituled  An  Act  to  continue  An  Act  entituled  Act 
for  regulating  the  Militia  of  the  Colony  of  New  York  with  some  additions  thereto]  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  till  to  Morrow  Morning  10  o  clock. 


Wednesday,  the  24'A  day  of  Novr,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr. 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Mr  Thomas  acquainting  the  Council 
in  answer  to  their  Message  desiring  a  Conference  with  that  House  on  the  Bill  Entituled  [An 
Act  for  erecting  &  establishing  a  Stamp  Office  in  this  Colony  for  stamping  all  Vellum  Parchment 
and  Paper  charged  with  the  several  Duties  therein  mentioned]  and  the  Bill  Entituled  [An  Act 
for  laying  an  Excise  upon  all  Tea  of  foreign  Growth  retailed  within  this  Colony]  That  the  said 
Bills  being  Money  Bills  that  Housa  cannot  consent  to  any  Conference  with  the  Council  on  the 
Subject  Matters  thereof. 

Ordered  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for 
regulating  the  Mililia  of  the  Colony  of  New  York  and  for  continuing  An  Act  entituled  An 
Act  to  continue  An  Act  entituled  An  Act  for  regulating  the  Militia  of  the  Colony  of  New 
York  with  some  additions  thereto]  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 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1283 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  a  third  reading. 

Ordered  that  the  Bill  Entituled  [An  Act  to  repeal  part  of  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  and  also  the  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act 
for  granting  to  his  Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes 
imported  into  this  Colony  therein  mentioned]  without  Amendment. 

The  Council  adjourned  till  Friday  next  at  11  o  clock  A.  M. 


Friday,  the  26'A  day  of  November,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  ARCHIBALD  KENNEDY,  Escf,  Speaker, 

JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for 
regulating  the  Militia  of  the  Colony  of  New  York  and  for  continuing  An  Act  entituled  An  Act 
to  continue  An  Act  Entituled  An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York 
with  some  Additions  thereto]  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  to  regulate  the  collecting  the  Duty  of  Excise  on 
Strong  Liquors  retailed  in  this  Colony  from  the  first  of  January  one  thousand  seven  hundred 
and  fifty  seven  to  the  first  of  January  one  thousand  seven  hundred  and  fifty  eight]  be  now 
read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolccd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Horsmnnden  do  acquaint  the  General  Assembly  that  the  Council  have 
passed  the  said  two  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  raising  by  a  publick  Lottery  for  this  Colony 
the  sum  of  one  thousand  one  hundred  and  twenty  five  pounds  towards  erecting  a  New  Goal  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  Bill  Entituled  [An  Act  to  enable  Humphry  Avory  of  the  County  of  Suffolk 
to  sell  and  dispose  of  his  real  Estate  in  the  said  County  by  way  of  Lottery  for  the  Payment  of 
his  Debts]  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Col.  Beekman  and  Col.  Lott  with  the  Bill 
Entituled  [An  Act  for  naturalizing  John  AVill,  Gottlieb  Wolhuupter,  Hayman  David,  Manuel 
Josephson,  Gershon  Moses  Levy,  Benjamin  Lyon,  Jonas  Solomon,  Levy  Hart,  Johan  Casper 


1284  Journal  of  the  Legislative  Council  of  New  York.  Pslh  sJ^.T' 

Zincke,  Johannes  Kleyn,  Myer  Levy,  Jacob  Graaf,  John  Anderson,  and  John  Brookes]  desiring 
the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap'  Wfilton  and  Col.  De  Lancey  with  the  Bill 
Entituled  [An  Act  to  apply  several  Sums  of  Money  for  the  Payment  and  Clothing  of  the  Forces 
in  the  Pay  of  this  Colony  and  for  discharging  the  several  publick  Debts  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 

Oidcrcd  a  second  reading. 

The  Council  adjourned  till  4  o  clock  P'  Meridiem. 


Friday,  the  26'A  day  of  Novetnber,  1756.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUt  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  apply  several  Sums  of  Money  for  the  Payment 
and  Clothing  of  the  Forces  in  the  Pay  of  this  Colony  and  for  discharging  the  several  publick 
Debts  therein  mentioned]  be  now  read  the  second  time. 

Then  the  s;iid  Bill  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o'clock. 


Saturday,  the  2Th  day  of  November,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY. 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Excellency  being  come  to  the  Council  Chamber  (the  Speaker  leaving  the  Chair)  sent  a 
Message  by  the  Deputy  Secretary  to  the  General  Assembly  requiring  the  immediate  attendance 
of  that  House;  and  they  attending  accordingly,  His  Excellency,  in  the  presence  of  the  Council 
and  General  Assembly,  was  pleased  to  give  his  Assent  to  the  four  Bills  the  Titles  whereof  are  as 
follow  viz1 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  regulating  the  Militia  of  the  Colony 
of  New  York  and  for  continuing  An  Act  entituled  An  Act  to  continue  An  Act  entituled  An 
Act  for  regulating  the  Militia  of  the  Colony  of  New  York  with  some  Additions  thereto. 

An  Act  to  repeal  part  of  the  several  Acts  therein  mentioned. 

An  Act  to  extend  An  Act  entituled  An  Act  for  the  Relief  of  Insolvent  Debtors  with  respect 
to  the  Imprisonment  of  their  Persons  in  the  Cities  of  New  York  and  Albany,  to  Debtors  now 
under  confinement  within  this  Colony  and 

An  Act  to  enable  Humphrey  Avory  of  the  County  of  Suffolk  to  sell  and  dispose  of  his  real 
Estate  in  the  said  County  by  way  of  Lottery  for  the  Payment  of  his  Debts. 

Then  the  said  Acts  were  published  as  usual  and  His  Excellency  returned  to  the  Fort. 

The  Speaker  resumed  the  Chair 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1285 

Monday,  the  29'*  day  of  November,  1756.     A.  M. 

The  Council  met  according  to  adjournment. 

PKESENT —  The.  Hono1'6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Col  Philipse  with  the  Bill  Entituled 
[An  Act  for  appropriating  the  Monies  raised  by  divers  Lotteries  for  the  erecting  or  founding 
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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  Whole  House  on  the  Bill  Entituled  [An 
Act  for  erecting  and  establishing  a  Stamp  Office  in  this  Colony  for  stamping  all  Vellum  Parchment 
and  Paper  charged  with  the  several  Duties  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled,  [An 
Act  for  laying  an  Excise  upon  all  Tea  of  foreign  growth  retailed  within  this  Colony]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled, 
[An  Act  further  to  continue  the  Currency  of  the  Bills  of  Credit  emitted  by  vertue  of  An  Act 
entituled,  An  Act  for  emitting  Bills  of  Credit  for  the  Payment  of  the  Debts  and  lor  the  better 
support  of  the  Government  of  this  Colony  and  other  purposes  therein  mentioned]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  a  third  reading. 

The  Council  adjourned  till  3  o'clock  P'  Meridiem. 


Monday,  the  29'A  day  of  November,  1756.     P.  M. 

The  Council  met  according  to  adjournment. 
PRESENT  —  The  Hono''le  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  the  Payment  of  the  Salaries  of  the  several 
Officers  of  the  Government  to  the  first  day  of  September  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  fifty  six]  be  now  read  the  third  time. 


1286  Journal  of  the  Legislative  Council  of  New  York.  [2s!h 


Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  'pas?. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  the  payment  of  the  Salaries  of  the  several 
Officers  of  the  Government  from  the  first  day  of  September  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  fifty  six  to  the  first  day  of  September  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  fifty  seven]  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  erecting  and  establishing  a  Stamp  office  in  this 
Colony  for  stamping  all  Vellum  Parchment  and  Paper  charged  with  the  several  Duties  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  laying  an  Excise  upon  all  Tea  of  foreign  growth 
retailed  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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  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]  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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  amendment:  And  as  this  Bill  is  of  great  consequence  to  several  of  his 
Majesty's  subjects  within  this  Province;  and  the  prolonging  the  time  for  calling  in  and  sinking 
Bills  of  Credit  is  against  one  of  his  Majesty's  Instructions  to  his  Governor  of  this  Province  ; 
Thiit  the  Council  have  appointed  the  Honoble  James  De  Lancey  Daniel  Horsmanden,  and 
William  Smith  Esqrs  to  be  a  Committee  of  the  Council  in  order  to  prepare  the  Draft  of  a 
Kepresentation  to  his  Excellency  the  Governor,  setting  forth  the  Necessity  and  Utility  of 
passing  the  said  Bill  at  this  time  and  the  Reasons  why  they  conceive  Application  should  be 
made  for  Permission  for  further  prolonging  the  said  Act.  And  that  the  Council  do  desire  the 
General  Assembly  will  appoint  a  Committee  of  their  House  to  meet  the  Committee  of  the 
Council  to  Morrow  Morning  at  10  o  clock  in  the  Council  Chamber  for  that  purpose. 

The  Speaker  then  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  apply  several  sums  of  Money  for  the  Payment  and  Clothing  of  the  Forces  in  the  Pay  of 
this  Colony,  and  for  discharging  the  several  publick  Debts  therein  mentioned]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  appropriating  the  monies  raised  by  divers 
Lotteries  for  erecting  or  founding  a  College  within  this  Colony]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Murray  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  Amendment. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1287 

Which  Report  on  tho  question  being  put  was  agreed  to  and  approved  of  and  the  Bill 

Ordered  a  third  reading. 

A  Message  from  the  General  Assembly  by  Capt"  Walton  and  Col.  Lot  with  the  Bill  Entituled 
[An  Act  for  billeting  and  quartering  such  of  His  Majesty's  Forces  as  may  from  time  to  time  be 
ordered  and  directed  to  march  through  this  Colony]  with  the  amendments  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  accordingly  amended  as  follows. 

The  Title  altered,  and  to  stand  thus  [An  Act  for  billeting  and  quartering  His  Majesty's 
Forces  within  this  Colony.] 

The  Preamble  in  the  Bill  struck  out,  and  the  following  inserted  instead  thereof 

"WHERKAS  His  Majesty  hath  been  graciously  pleased  to  send  and  raise  a  considerable  Body  of 
Forces  to  be  employed  for  the  Defence  and  Protection  of  this  and  other  his  Colonies  in  North 
America ;  and  a  greater  number  of  the  said  Troops  are  now  actually,  and  may  happen  to  be 
employed  in  this  Colony,  than  can  be  quartered  in  the  Barracks  erected  therein,  for  billeting 
and  quartering  of  whom  it  is  necessary  Provision  should  be  made." 

Page.  Line. 

1  13  After  the  word  [march]  insert  into  or 

14  Leave  out  the  words  in  pursuance  of  such  order 

18  After  the  word  [such]  insert  Inns 

21  Strike  out  the  words  in  their  March 

34  After  [made]  insert  by  one  or  more  credible  Witness  or  Witnesses 

2  IS  After  [any]  insert  Officer  or 

2  Strike  out  the  20lh  Line  and  from  thence  to  the  word  [the]  in  the  26th  line,  and  instead 

thereof  insert 

[And  to  the  End  the  Soldiers  so  to  be  billeted  may  be  not  imposed  upon  nor  the  Subject 
oppressed,  Be  it  enacted  by  the  Authority  aforesaid  that  the  Rate  to  be  allowed  and  taken  for 
every  Officer  or  Soldier  billeted  by  virtue  of  this  Act,  shall  be  fixed  and  ascertained  by  the 
respective  Magistrates  by  whom  such  Billets  shall  be  granted.  And  the  Commanding  Officer 
of  the  Company  to  which  the  Soldier  or  Soldiers  so  billeted  shall  respectively  belong,  shall 
respectively  be  accountable  for  the  billeting  Money  due  for  the  Men  belonging  to  their  respective 
Companies.] 

The  Council  adjourned  till  to  Morrow  Morning  9  o  clock. 


Tuesday,  the  30'*  day  of  November,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCEY, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cornell  and  Mr  Snedeker  acquainting  the 
Council  that  that  House  have  appointed  M'Cruger,  Cap'  Walton,  Col.  De  Lancey,  Col.  Lott  and 
Captain  Winne  to  be  a  Committee  to  join  a  Committee  of  the  Council  pursuant  to  the  Council's 
Request  of  yesterday. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  appropriating  the  Monies  raised  by  divers 
Lotteries  for  erecting  or  founding  a  College  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  Amendment. 

Mr  Smith  from  the  joint  Committees  of  the  Council  and  General  Assembly  Reported  that  the 
Committees  had  prepared  the  Draft  of  a  Representation  to  his  Excellency  which  he  read  in  his 
place,  and  then  delivered  the  same  in  at  the  Table,  where  the  Draft  was  again  read  and 
agreed  to 

Ordered,  that  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have 
agreed  to  the  Draft  of  a  Representation  to  his  Excellency  the  Governor  prepared  by  the  joint 
Committees  of  both  Houses. 


1288  Journal  of  the  Legislative  Council  of  New  York.  R 

A  Message  from  the  General  Assembly  by  Mr  Snedeker  and  Mr  Mynderse  acquainting  the 
Council  that  the  General  Assembly  have  agreed  to  the  Draft  of  a  Representation  to  his 
Excellency  the  Governor  prepared  by  the  joint  Committaes  of  both  Houses,  and  desire  the 
same  may  be  engrossed. 

Ordered,  that  the  said  Representation  be  Engrossed. 

The  Engrossed  Representation  to  his  Excellency  the  Governor  was  read  and  approved  of  and 

Ordered  to  be  signed  by  the  Speaker,  and  being  signed  accordingly 

Ordered,  that  Mr  Smith  do  carry  the  same  to  the  General  Assembly  in  order  to  be  signed  by 
the  Speaker  of  that  House,  and  acquaint  the  House  that  the  Council  have  appointed  Mr 
Chambers  and  himself  to  wait  on  His  Excellency  the  Governor  with  such  Members  as  that 
House  shall  appoint,  in  order  to  lay  before  his  Excellency  the  Humble  Representation  of  the 
Council  and  General  Assembly. 

A  Message  from  the  General  Assembly  that  the  House  have  appointed  Col.  De  Lancey, 
Captain  Renselaer,  Mr  Seaman  and  Mr  Mynderse  in  conjunction  with  the  Gentlemen  appointed 
by  the  Council,  to  wait  on  his  Excellency  the  Governor  in  order  to  lay  before  his  Excellency 
the  Humble  Representation  of  the  Council  and  General  Assembly. 

Ordered,  that  the  said  Representation  be  entered  in  the  minutes  which  is  as  follows  viz' 

To  his  Excellency  Sir  CHARLES  HARDY  Knight  Captain  General  and  Governor  in  Chief  in  and 
over  the  province  of  New  York  and  the  Territories  depending  thereon  in  America  and 
vice  Admiral  of  the  same. 

The  Humble  REPRESENTATION  of  the  Council  and  General  Assembly  of  the  Colony 
of  New  York. 

Mail  it  please  your  Excellency, 

We  the  Council  and  General  Assembly  of  the  Colony  of  New  York  beg  leave  to  represent  to 
your  Excellency,  the  great  and  absolute  necessity  there  is,  in  the  present  distresful  condition  of 
this  Colony,  to  Continue  the  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.] 

1st  Because  the  exacting  the  principal  sums  from  the  Debtors  to  the  Loan  Office  at  this  time, 
will  inevitably  greatly  distress  numbers  of  his  Majestys  good  subjects,  perhaps  to  the  total  Ruin 
of  their  Estates,  already  greatly  burthened  with  heavy  Taxes  for  many  years  to  come  for 
supporting  the  expence  already  incurred  by  reason  of  the  present  War. 

2d'y  Because  a  Revenue  of  eighteen  hundred  pounds  per  annum,  arises  from  this  Fund,  for 
the  support  of  his  Majesty's  Government,  which  cannot  be  raised  any  other  way  equally  easy 
and  agreable  to  the  People  of  this  Colony. 

3dly  Because  the  Credit  of  the  Bills  of  that  Emission  cannot  be  impaired  by  the  proposed 
continuance  of  the  sd  Act,  being  lent  out  upon  Land  Security. 

4thl-v  Because  it  is  only  proposed  to  continue  the  Act  for  one  year  within  which  time  his 
Majesty's  pleasure  can  be  fully  known  with  respect  to  a  further  continuation  thereof,  which 
cannot  be  expected  so  soon  as  April  next,  the  time  limited  by  the  Act  now  in  being  for  the  first 
Payment  of  the  principal  sums. 

5thiy  Because  it  appears  to  us  that  it  will  be  most  for  his  Majesty's  Service,  and  the  Relief  of 
this  distressed  Colony,  under  the  Calamities  of  War,  That  the  Bills  of  Credit  on  that  Emission 
should  be  last  called  in  to  be  cancelled  of  any  that  have  been  hitherto  issued. 

Glhly  Because  if  the  present  Bills  should  be  sunk  the  Exigencies  of  this  Colony  could  not  be 
supplyed  without  another  Emission  instead  thereof:  all  the  Funds  being  exhausted,  and  his 
Majesty's  Bounty  in  the  Grant  of  .£15,000  sterling  to  this  Colony,  therefore  already  in  part 
applyed  for  the  support  of  the  Troops  in  its  Pay. 

These  Reasons  we  hope  will  have  sufficient  Weight  to  induce  your  Excellency  to  give  your 
assent  to  the  Bill  proposed  for  continuing  the  said  Act.  And  we  further  beg  that  your 
Excellency  will  be  pleased  to  transmit  them  to  the  Right  Honourable  the  Lords  Commissioner 
for  Trade  and  Plantations,  in  hopes  that  your  Excellency  may  be  left  at  Liberty  to  assent  to 
a  farther  continuation  of  the  said  Act  with  a  Division  of  the  Periods  of  Payment  of  the  principal 
sums  into  eight  instead  of  four,  which  will  be  a  very  great  Relief  to  his  Majesty's  subjects 
when  they  shall  be  called  upon  to  pay  in  the  said  principal  sums. 

By  order  of  the  Council 

ARCIID  KENNEDY,  Speaker, 
By  order  of  the  General  Assembly 

City  of  New  York      )  DAVID  JONES,  Speaker. 

30lb  November,  175G.  > 

^  The  Speaker  put  the  Question  Whether  the  Bill  Entituled  [An   Act  to   amend   An    Act 
Entituled  An  Act  to  empower  Justices  of  the  Peace  to  try  Causes  from  forty  shillings  to  five 
Pounds]  should  be  now  read  the  third  time  ? 
Which  passed  in  the  Negative. 


1756.]  Sir  Charles  Hardy,  Knight,  Governor.  1289 

And  then  the  Speaker  put  the  Question  whether  the  said  Bill  should  be  rejected  or  Not, 

Which  passed  in  the  Affirmative. 

Resolved  that  the  said  Bill  be  rejected  accordingly. 

The  Council  adjourned  till  to  morrow  morning  Ho  clock. 


Wednesday,  the  first  day  of  December,  1756. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoule  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JAMES  DE  LANCET, 
DANIEL  HORSMANDEN, 
JOSEPH  MURRAY, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  and  Mr  Smith  Reported  that  they  had  according  to  order,  in  conjunction  with 
the  Members  appointed  by  the  General  Assembly  waited  on  his  Excellency  the  Governor  and 
presented  to  him  the  Humble  Representation  of  the  Council  and  General  Assembly. 

The  Speaker  left  the  Chair  and 

His  Excellency  the  Governor  being  come  to  the  Council  Chamber  sent  a  Message  to  the 
General  Assembly  by  the  Deputy  Secretary  to  require  the  immediate  attendance  of  that  House, 
and  they  attending  accordingly, 

His  Excellency  in  the  presence  of  the  Council  and  General  Assembly  was  pleased  to  give  his 
Assent  to  the  eleven  Bills  the  Titles  whereof  are  as  follow  viz1 

An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  the  Government  to  the  first 
day  of  September  in  the  year  of  Our  Lord  One  thousand  seven  hundred  and  fifty  six. 

An  Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  the  Government  from  the 
first  day  of  September  in  the  year  of  Our  Lord  One  thousand  seven  hundred  and  fifty  six  to 
the  first  day  of  September  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  fifty  seven. 

An  Act  for  erecting  and  establishing  a  Stamp  Office  in  this  Colony  for  stamping  all  Vellum 
Parchment  and  Paper  charged  with  the  several  Duties  therein  mentioned. 

An  Act  for  laying  an  Excise  on  all  Tea  of  foreign  growth  retailed  within  t'lis  Colony. 

An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this 
Colony  from  the  first  of  January  One  thousand  seven  hundred  and  fifty  seven  to  the  first  of 
January  one  thousand  seven  hundred  and  fifty  eight. 

An  Act  further  to  continue  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  the  better 
support  of  the  Government  of  this  Colony  and  other  purposes  therein  mentioned. 

An  Act  for  billeting  and  quartering  His  Majesty's  Forces  within  this  Colony. 

An  Act  to  apply  several  sums  of  Money  for  the  Payment  and  Clothing  of  the  Forces  in  the 
Pay  of  this  Colony  and  for  discharging  the 'several  publick  Debts  therein  mentioned. 

An  Act  for  raising  by  a  Publick  Lottery  for  this  Colony  the  sum  of  One  thousand  one  hundred 
and  twenty  five  pounds  towards  erecting  a  new  Goal  in  the  City  of  New  York. 

An  Act  for  appropriating  the  Monies  raised  by  divers  Lotteries  for  erecting  or  founding  a 
College  within  this  Colony. 

After  which  the  said  Acts  were  published  as  usual,  and  his  Excellency  and  the  Council  and 
General  Assembly  being  returned  to  the  Council  Chamber,  His  Excellency  was  pleased  to 
prorogue  the  General  Assembly  to  the  second  Tuesday  in  January  next. 


162 


1290  Journal  of  the  Legislative  Council  of  New  York. 


[K.  T.  Col.  MS3.,  LXXXIII.,  169.1 

BY  HIS  EXCELLENCY 

Sir  CHARLES  HARDY  Knight  Captain   General  and  Governor  in   Chief  in   and  over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  Depending  thereon  in  America  and  Vice 
Admiral  of  the  same, 

A  PROCLAMATION. 

"WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  eleventh 
day  of  January  next  I  have  thought  fit  for  his  Majesty's  service  further  to  prorogue  And  I  do 
by  and  with  the  Advice  of  his  Majesty's  Council  hereby  further  prorogue  the  said  General 
Assembly  to  Tuesday  the  eighth  day  of  February  next  ensuing  Of  which  all  his  M-ijesty'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  thirtieth  day  of  December  in  the  year  of  our  Lord  1756  and  in  the  thirtieth 
year  of  his  Majesty's  Reign. 

CHAS  HARDY. 
By  Ids  Excellency  Command 

Gw  BAXYAR,  D  Sccnj. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  LXXXIV.,  19.] 
BY   HIS   EXCELLEXCY 

Sir  CHARLES  HARDY  Knight  Captain  General  and   Governor  in   Chief  in  and   over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same, 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  eighth 
day  of  Febrimry  next  I  have  thought  fit  for  his  Majesty's  service  to  appoint  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  hereby  appoint  and  ordain  that  the  said  General 
Assembly  do  meet  on  the  day  above  mentioned  in  the  Town  of  Flutbusli  in  Kings  County  on 
Nassau  Island,  then  and  there  to  proceed  to  the  dispatch  of  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  eleventh  day  of  January  one  thousand  seven  hundred  and  filty  seven  in  the 
thirtieth  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. 

CHAS  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR,  D  Sccry. 

God  save  the  KING. 


1757.]  Sir  Charles  Hardy,  Knight,  Governor.  1291 


[X.  T.  Col.  MSS.,  LXXXIV.,  27.] 

BY  ms  EXCELLENCY 

Sir  CHARLES  HARDY  Knight,  Captain  General  and  Governor  in   Chief  in  and   over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  eighth 
day  of  February  Instant  I  have  thought  fit  for  His  Majesty's  Service  further  to  prorogue  and  I 
do  by  and  with  the  advice  of  his  Majesty's  Council  further  prorogue  the  said  General  Assembly 
to  Tuesday  ihe  Jif/ccnth  day  of  February  Instant,  then  to  meet  in  the  Town  of  Flatbush  in 
Kings  County  on  Nassau  Island,  to  proceed  to  the  Dispatch  of  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  Neiv  York 
the  seventh  day  of  February  one  thousand  seven  hundred  and  fifty  seven 
in  the  thirtieth  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  and  so  forth. 

CHAS  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR,  D  Cl  Con. 


TWENTY-SEVENTH  ASSEMBLY    NINTH  SESSION. 

At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York 

begun  and  liolden  at  Flatbush  in  Kings  County  on  Nassau  Island  on  Tuesday  the 

fifteenth  Jay  of  February  1757  in  the  thirtieth  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,  and  so  forth. 

The  General  Assembly  having  on  the  first  day  of  December  last,  been  prorogued  to  the  second 
Tuesday  in  January  then  next  following:  And  His  Excellency  Sir  Charles  Hardy  Knight, 
Captain  General  and  Governor  in  Chief  of  this  Province,  having  by  sundry  Proclamations 
further  Prorogued  the  General  Assembly  to  this  day  to  meet  in  this  Town 

The  Council  met  accordingly. 

PRESENT  —  The  HonoUe  JAMES  DE  LANCET,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
WILLIAM  SMITH,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1292  Journal  of  the  Legislative  Council  of  New  York.  KsSS1 

Wednesday,  the  sixteenth  day  of  February,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolte  JAMES  DE  LANCET,  Esqr,  Speaker, 

DANIEL  HORSJIANDEN, 
WILLIAM  SMITH,  Esq18. 

The  Speaker  assumed  the  Chair. 

The  Council  went  to  his  Excellency's  Residence  where  being  met  His  Excellency  sent  a 
Message  by  the  Deputy  Secretary,  requiring  the  immediate  attendance  of  the  General  Assembly, 
and  they  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  Copy  thereof  to  the  Speaker  of  the  General 
Assembly  And  then  the  Council  returned  to  the  Council  Chamber;  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,  of  which  his  Excellency  had  delivered  to  him  a  Copy,  which  he  delivered  in  at  the 
Table. 

Ordered,  that  his  Excellency's  Speech  be  read. 

Then  the  Speech  was  read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows. 

Gentlemen  of  the  Council  and  General  Assembly, 

I  cannot  open  this  Session,  without  acquainting  you  that  his  Majesty  has  ordered  a 
Reinforcement  of  his  Troops  to  North-America,  many  of  whom  are  landed  in  this  Province,  and 
some  in  the  neighbouring  Colonies.  This  fres  hlnstance  of  his  Majesty's  Concern  for  these 
Colonies,  will  I  doubt  not  excite  suitable  Dispositions  in  all  his  American  Subjects,  and  lead 
them  chearfully  to  grant  that  Aid  which  it  is  so  apparently  their  own  Interest  to  contribute 
towards  distressing  the  common  Enemy. 

The  Right  Honoble  the  Earl  of  Loudoun  hath  informed  me,  by  Letter  of  the  31"  ultimo, 
from  Boston,  that  he  demanded  a  Number  of  Men  of  the  four  New-England  Governments,  to 
act  in  Conjunction  with  his  Majesty's  regular  Forces,  and  that  he  has  no  Reason  to  doubt  their 
agreeing  to  it.  The  Ineffectual  ness  of  our  Measures  the  last  Year,  and  the  Advances  the  Enemy 
have  made  upon  us,  evince  the  Necessity  of  a  vigorous  Assistance  on  our  Part:  and' from  the 
Proofs  I  have  had  of. your  Affection  to  his  Majesty,  and  of  your  Zeal  for  the  Support  of  the 
common  Cause,  I  perswade  my  self  you  will  not  fail  to  furnish  the  Quota  of  Men  demanded  of 
you,  and  thus  strengthen  the  Hopes  of  Success,  we  may  reasonably  conceive  from  an  able  and 
experienced  Direction  of  his  Majesty's  Forces,  attended  with  the  divine  Blessing  on  his  Arms. 
The  Season  requires  that  no  Time  be  lost,  and,  I  must  press  you,  to  be  early  in  your  Resolutions, 
that  I  may  give  the  necessary  Orders  as  soon  as  possible. 

Soon  after  my  coming  to  the  Government,  I  recommended  a  Provision  to  be  made  for 
defraying  the  Expence  of  his  Majesty's  Commissions  for  determining  the  Controversies  with 
New  Jersey  and  Massachusets  Bay  concerning  their  Boundaries,  the  unsettled  State  of  which, 
hath  already  been  productive  of  much  Mischief,  and  is  an  Evil  daily  increasing,  a  recent  Instance 
of  which  I  am  informed  happened  in  the  Manor  of  Livingston,  where  a  JNumber  of  riotous 
Persons  were  assembled  together,  and  in  opposing  the  Sherif  in  the  Execution  of  his  Office, 
kill'd  a  poor  Man  whom  the  Sherif  had  cali'd  to  Ids  Assistance.  As  no  such  Provision  has 
yet  been  made  and  the  R'  Honoble  the  Lords  Commissioners  for  Trade  and  Plantations, 
are  of  Opinion,  that  the  only  proper  and  effectual  Method  of  determining  these  Disputes,  will 
be  by  a  Commission  in  the  iXature  of  that,  upon  which  the  Limits  between  the  Massachusets 
Bay  and  New  Hampshire  were  setled,  I  have  their  Lordships  repeated  Directions,  to 
recommend  it  again  to  your  Consideration,  and  to  acquaint  you  that  as  this  is  a  Matter  of  high 
Concernment  to  the  Peace  and  Quiet  of  Government,  and  the  Lives  and  Properties  of  his 
Majesty's  Subjects.  His  Majesty  does  expect  that  you  will  forthwith  make  a  proper  Provision 
for  the  Expence  of  such  Commissions,  that  there  may  be  no  further  Delay  in  a  Matter  of  so  great 
Importance. 

Gentlemen  of  the  General  Assembly, 

I  earnestly  recommend  to  you  to  consider  of  the  most  effectual  and  speedy  Methods  for 
raising  the  Supplies  for  these  necessary  Services.  I  have  ordered  Estimates  to  be  laid  before 
you  of  the  Expence  of  supporting  the  Quota  of  Men  for  this  Province,  and  the  Necessaries 
wanting  to  equip  them  for  taking  the  Field. 


1757.]  Sir  Charles  Hardy,  Knight,  Governor.  1293 

Gentlemen  of  the  Council  and  General  Assembly, 

In  my  Speech  to  you  of  the  24th  of  September  last,  I  repeated  the  Necessity  of  the 
Legislatures  interposing  in  the  Case  of  those  exorbitant  Grants  of  Lands  complained  of  by  the 
Indians  as  fraudulent.  I  cannot  avoid  mentioning  this  again  to  you,  and  recommending  it  to 
your  Consideration ;  the  passing  a  Law  for  vacating  and  annulling  such  Grants  appearing  to  me 
not  only  a  just  and  necessary  Measure,  as  by  redressing  this  real  Grievance  of  those  People, 
we  may  give  a  happy  Turn  to  our  Negotiations  with  them,  and  induce  them  to  throw  in  their 
whole  Weight  to  our  Assistance. 

These  are  the  principal  Matters,  I  have  to  lay  before  you,  for  your  present  Consideration,  and 
I  hope  you  will  proceed  on  them  with  Unanimity  and  Dispatch. 

CHAS  HARDY. 
Flatbush  Kings  County 

16th  February  1757. 

Ordered,  that  His  Excellency's  Speech  be  printed. 

Mr  Horsmanden  moved  that  an  humble  Address  be  presented  to  his  Excellency  by  this  House 
in  Answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  accordingly. 

Ordered,  that  Mr  Horsmanden  and  Mr  Smith  do  prepare  and  bring  in  the  Draft  of  the  said 
Address  by  to  Morrow  Morning  10  o  clock. 

The  Council  adjourned  till  to  Morrow  Morning  10  o  clock. 


Thursday,  the  17'*  day  of  February,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  JAMES  DE  LANCET,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Horsmanden  read  and  then  presented  the  Draft  of  an  Address  to  his  Excellency,  which 
was  nguin  read  and  being  amended,  was  agreed  to  and 

Ordered  to  be  Engrossed. 

The  Engrossed  Address  to  His  Excellency  the  Governor  was  read  and  approved  of  and 

Ordered  to  be  signed  by  the  Speaker,  and  the  Speaker  having  signed  the  same 

Ordered,  that  Mr  Horsmanden  and  Mr  Smith  wait  on  his  Excellency  to  know  when  he  will  be 
pleased  to  be  attended  with  the  Councils  Address,  who  being  returned  Reported  that  his 
Excellency  had  appointed  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's  Address, 
His  Excellency  had  been  pleased  to  return  a  favourable  Answer  thereto,  which  he  delivered  in 
at  the  Table,  and  the  Answer  being  read 

Ordered,  that  the  said  Address  and  Answer  be  entered  in  the  Minutes  which  are  as  follow : 

To  His  Excellency  Sir  CHARLES  HARDY  Knl  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York  &  the  Territories  depending  thereon  in  America  and 
Vice  Admiral  of  the  same. 

The  Humble  ADDRESS  of  the  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 
return  your  Excellency  our  hearty  Thanks  for  your  Speech. 

With  the  deepest  sense  of  Gratitude  we  receive  this  fresh  Instance  of  his  Majesty's  concern 
for  these  Colonies  in  ordering  so  seasonable  an  Aid  to  their  Assistance,  which  cannot  fail  to 
excite  suitable  Dispositions  in  all  his  American  Subjects,  Your  Excellency  will  find  in  us  such 
as  will  demonstrate  our  Affection  to  His  Majesty  the  best  of  Kings,  and  our  Zeal  for  the  support 
of  the  common  cause. 

The  Necessity  of  this  Colony's  exerting  itself,  and  entering  into  every  proper  Measure  for 
annoying  the  Enemy  is  great  and  apparent ;  and  we  shall  use  our  Endeavours  that  this  be  done 


1294  Journal  of  the  Legislative  Council  of  New  York.  ["'?  s<?"™' 

* 

in  the  most  effectual  manner  to  give  further  weight  to  those  Expectation  of  Success,  which  with 
the  divine  Blessing,  we  have  Eeason  to  hope  for,  from  an  Able  and  experienced  Direction  of 
His  Majesty's  Forces. 

The  Evils  daily  felt  by  the  Borderers  of  this  Province  towards  New  Jersey,  and  the 
Massachusets-Bay,  amidst  such  various  claims  of  Limits  shew  the  Expediency  and  Utility  of  an 
Application  to  his  Majesty  to  have  these  Disputes  finally  adjusted.  But  as  new  Disorders  may 
arise  before  such  Settlement  can  be  effected,  even  in  the  regular  and  legal  Course  Pointed  out 
in  your  Excellency's  Speech  :  We  humbly  hope  your  Excellency  will  represent  to  the  R' 
Honoble  the  Lords  Commissioners  for  Trade  and  Plantations,  the  Necessity  of  His  Majesty's 
immediate  Interposition,  by  fixing  temporary  Lines  until  a  final  Settlement,  to  prevent  those 
Mischiefs  which  we  fear  will  otherwise  befall  many  of  His  Majesty's  good  Subjects.  Such  a 
Line,  very  advantageous  to  the  Province  of  the  Massachusets  Bay,  was  ottered  to  their 
Commissioners  at  Albany  in  1754,  by  which  this  Province,  merely  for  the  Sake  of  Present 
Peace,  yielded  two  thirds  of  a  Tract  of  Land  granted  now  above  fifty  years  ago.  As  to  the 
late  Instance  of  a  Person  killed  in  assisting  the  Sherif  executing  a  legal  Process,  We  cannot 
avoid  observing  to  your  Excellency  that  the  Manor  of  Livingston,  where  it  happened,  is  held 
by  a  Grant  more  ancient  than  the  Charter  to  the  Massachusets  Bay,  now  in  force.  And  we 
apprehend  that  all  the  late  disorders  on  that  side,  have  arisen  from  the  unwarrantable  and 
unreasonable  claim  of  that  Government,  in  extending  their  Limits  or  Charter  through  a 
principal  part  of  this  Province  to  the  South  Sea. 

We  shall  as  soon  as  the  more  important  business  of  the  Session  is  finished,  take  into  our 
serious  consideration  the  Complaints  of  the  Indians  in  the  case  of  those  Grants  of  Land 
mentioned  by  your  Excellency,  and  do  therein  what  shall  appear  to  us  to  be  just  and  reasonable 
in  a  matter  of  so  interesting  a  Nature. 

We  cannot  leave  you,  Sir,  before  we  express  our  grateful  sense  of  that  distinguish'd  Zeal  in 
your  Excellency  for  His  Majesty's  service  and  the  Interests  of  this  and  his  Majesty's  other 
Colonies  so  clearly  manifested  through  the  whole  course  of  your  Administration. 

By  order  of  the  Council 

JAMES  DE  LANCEY,  Speaker. 
Flatbush,  Kings  County 

17th  January  1757. 

His  EXCELLENCY'S  Answer. 
Gentlemen, 

I  thank  you  for  this  kind  Address. 

The  just  sense  you  have  of  his  Majesty's  Affectionate  concern  for  these  Colonies,  and  your 
Resolutions,  which  demonstrate  your  Loyalty  to  his  Majesty,  and  your  Zeal  in  promoting  the 
true  Interests  of  these  Countries,  cannot  fail  of  meeting  his  Majesty's  gracious  Acceptance. 

I  have  been  so  sensible  of  the  Evils  arising  from  the  unsettled  state  of  the  Limits  between 
this  Province,  and  the  Governments  of  the  Massachusets-Bay  and  New  Jeisey,  that  I  have 
already  represented  this  Matter  to  the  Right  Honoble  the  Lords  Commissioners  for  Trade  and 
Plantations;  and  you  may  be  assured  I  shall  not  cease  using  my  Endeavours  to  put  an  End  to 
those  Mischiefs,  which  so  frequently  happen  on  our  Borders. 

It  is  a  real  satisfaction  to  me,  that  you  have  so  favourable  an  opinion  of  my  Administration, 
and  I  shall  at  all  times,  place  the  greatest  confidence  in  your  Advice  and  Assistance. 

CHAS   HARDY. 

Flatbush  17lh  February  1757. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Wensday  the  23d  Instant  at  11  o  clock  in  the  forenoon. 


Wednesday,  the  23d  day  of  February,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honobu  JAMES  DE  LANCEY,  Esqr,  Speaker, 

DAVID  HORSMANDKN, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col"  Beekman  and  Mr  Cornell  with  the  Bill 
Entituled  [An  Act  to  revive  An  Act  Entituled,  An  Act  for  the  better  apprehending  and 
securing  Deserters  from  his  Majesty's  Forces  in  North  America  with  an  Addition  thereto] 
desiring  the  concurrence  of  the  Council  thereto. 


1757.]  Sir  Charles  Hardy,  Knight,   Governor.  1295 


A  Message  from  the  General  Assembly  by  Capt"  Walton  and  Captn  Winne  with  the  Bill 
Entituled  [An  Act  to  revive  An  Act  en  tit  u  led  An  Act  to  enable  the  Creditors  of  Insolvent 
Debtors  who  are  willing  to  give  up  their  Effects  to  dispose  of  the  same  for  the  Benefit  of  the 
Creditors,  and  to  release  the  said  Debtors  from  Confinement]  desiring  the  concurrence  of  the 
Council  thereto. 

Ordered,  that  the  said  Bills  be  read. 

Then  the  said  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o'clock. 


Thursday,  the  24'*  day  of  February,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  JAMES  DE  LANCET,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Mr  Snedeker  with  the  Bill  Entituled 
[An  Act  for  applying  several  sums  of  Money  for  the  Payment  and  Clothing  of  the  Forces  to  be 
furnished  by  this  Colony  to  act  in  Conjunction  with  his  Majesty's  regular  Troops  and  those  of 
the  Neighbouring  Colonies  against  the  Subjects  of  the  French  King  and  for  providing  other 
Necessaries  requisite  for  the  said  Forces]  desiring  the  Council's  concurrence  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  to  revive  an  Act  Entituled  An  Act  for  the  better 
apprehending  &  securing  Deserters  from  his  Majesty's  Forces  in  North  America  with  an  addition 
thereto]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entituled,  [An  Act  to  revive  An  Act  Entituled,  An  Act  to  enable  the 
Creditors  of  Insolvent  Debtors  who  are  willing  to  give  up  their  Effects  to  dispose  of  the  same 
for  the  Benefit  of  the  Creditors  and  to  release  the  said  Debtors  from  Confinement]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  a  third  reading. 

The  Council  adjourned  till  to  Morrow  Morning  10  o  clock. 


1296  Journal  of  the  Legislative  Council  of  New  York. 


Friday,  (he  25'A  <%  of  February,  1757. 
The  Council  met  .according  to  adjournment. 

PRESENT  —  The  Hono™6  JAMES  DE  LANCEY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col°  Beekman  and  Capt"  Livingston  with  the 
Bill  Entituled  [An  Act  to  amend  An  Act  entituled  An  Act  to  limit  and  ascertain  the  Rates  to  be 
taken  for  Carriages  imployed  or  impressed  in  his  Majesty's  Service  in  this  Colony]  desiring  the 
Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap1  Walton  and  Mr  Snedeker  with  the  Bill 
Entituled  [An  Act  for  the  speedy  and  effectual  recruiting  the  Forces  to  be  furnished  by  this 
Colony  to  act  in  Conjunction  with  his  Majesty's  regular  Troops  and  those  of  the  Neighbouring 
Colonies  against  the  Subjects  of  the  French  King]  desiring  the  Concurrence  of  the  Council 
thereto. 

Ordered,  that  the  said  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  revive  An  Act  enthuled  An  Act  for  the  better 
apprehending  and  securing  Deserters  from  his  Majesty's  Forces  in  North  America  with  an 
addition  thereto]  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  to  revive  An  Act  entituled  An  Act  to  enable  the 
Creditors  of  Insolvent  Debtors  who  are  willing  to  give  up  their  Effects  to  dispose  of  the  same 
for  the  Benefit  of  the  Creditors  and  to  release  the  said  Debtors  from  Confinement]  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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  applying  several  sums  of  Money  for  the 
Payment  and  Clothing  of  the  Forces  to  be  furnished  by  this  Colony  to  act  in  conjunction  with 
his  Majesty's  regular  Troops  and  those  of  the  Neighbouring  Colonies  against  the  Subjects  of 
the  French  King  arid  for  providing  o'.her  Necessaries  requisite  for  the  said  Forces]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  a  third  reading. 

A  Message  from  the  General  Assembly  by  Col.  Lott  and  Mr  Cornell  with  the  Bill  Entituled 
[An  Act  to  amend  An  Act  enti'.uled,  An  Act  for  regulating  the  Militia  of  the  Colony  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 

Oidcred  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Mr  Miller  with  the  Bill  Entituled 
[An  Act  for  regulating  the  Pilots,  and  establishing  their  Pilotage  between  Sandy  Hook  and  the 
Port  of  New  York,  and  other  the  purposes  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  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  5  o  clock  Post  Meridiem. 


1757.]  Sir  Charles  Hardy,  Knight,  Governor.  1297 

Friday,  the  25'*  day  of  February,  1757.  P'  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  JAMES  DE  LANCET,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  amend  An  Act  entituled  An  Act  to  limit  and 
ascertain  the  Rates  to  be  taken  for  Carriages  employed  or  impressed  in  his  Majesty's  Service] 
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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  a  third  reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  amend  An  Act  entituled,  An  Act  for  regulating 
the  Militia  of  the  Colony  of  New  York]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  a  third  reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  the  speedy  and  effectual  recruiting  the  Forces 
to  be  furnished  by  this  Colony  to  act  in  conjunction  with  his  Majesty's  Regular  Troops  and 
those  of  the  neighbouring  Colonies  against  the  Subjects  of  the  French  King]  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  itself  into  a  Committee  of  the  whole  House,  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  a  third  reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  regulating  the  Pilots  arid  establishing  their 
Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  to  Morrow  Morning  9  o  clock. 

163 


1298  Journal  of  the  Legislative  Council  of  New  York.  [Ti 

Saturday,  the  26th  day  of  February,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  JAMES  DE  LANCET,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  applying  several  sums  of  Money  for  the  Payment 
and  Clothing  of  the  Forces  to  be  furnished  by  this  Colony  to  act  in  conjunction  with  his  Majesty's 
Regular  Troops  and  those  of  the  neighbouring  Colonies  against  the  subjects  of  the  French  King 
and  for  providing  other  necessaries  requisite  for  the  said  Forces]  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  to  amend  An  Act  entituled  An  Act  for  regulating 
the  Militia  of  the  Colony  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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  the  speedy  and  effectual  recruiting  the  Forces 
to  be  furnished  by  this  Colony  to  act  in  Conjunction  with  his  Majesty's  regular  Troops  and  those 
of  the  Neighbouring  Colonies  against  the  subjects  of  the  French  King]  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  to  amend  An  Act  Entituled  An  Act  to  limit  and 
ascertain  the  rates  to  be  taken  for  Carriages  imployed  or  impressed  in  his  Majesty's  Service]  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  regulating  the  Pilots  and  establishing  their 
Pilotage  between  Sandy  Hook  and  the  Port  of  New  York,  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  Mr  Horsmnnden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  amendment. 

His  Excellency  the  Governor  being  come  to  the  Council  Chamber  (the  Speaker  leaving  the 
Chair)  sent  a  Message  by  the  Deputy  Secretary  to  the  General  Assembly  requiring  the  immediate 
attendance  of  that  House.  And  the  House  attending  accordingly 

Plis  Excellency  in  the  presence  of  the  Council  and  General  Assembly,  was  pleased  to  give 
his  Assent  to  seven  Bills  the  Titles  whereof  are  as  follow  viz 

An  Act  for  applying  several  sums  of  Money  for  the  Payment  and  Clothing  of  the  Forces  to 
be  furnished  by  this  Colony  to  act  in  conjunction  with  his  Majesty's  regular  Troops,  and  those 
of  the  neighbouring  Colonies  against  the  Subjects  of  the  French  King,  and  for  providing  other 
Necessaries  requisite  for  the  said  Forces. 

An  Act  for  the  speedy  and  effectual  recruiting  the  Forces  to  be  furnished  by  this  Colony  to 
act  in  conjunction  with  his  Majesty's  Regular  Troops  and  those  of  the  neighbouring  Colonies 
against  the  Subjects  of  the  French  King. 

An  Act  to  revive  An  Act  entituled  An  Act  for  the  better  apprehending  and  Securing 
Deserters  from  his  Majesty's  Forces  in  North  America  with  an  Addition  thereto. 

An  Act  to  amend  An  Act  entituled  An  Act  to  limit  and  ascertain  the  Rates  to  be  taken  for 
Carnages  employed  or  impressed  in  his  Majesty's  service  in  this  Colony. 

An  Act  to  amend  An  Act  entituled  An  Act  for  regulating  the  Militia  of  the  Colony  of 
New  York. 

An  Act  for  regulating  the  Pilots  and  establishing  their  Pilotage  between  Sandy  Hook  and 
the  Port  of  New  York  and  other  the  purposes  therein  mentioned. 


1757.]  Sir  Charles  Hardy,  Knight,  Governor.  1299 

An  Act  to  revive  An  Act  entituled,  An  Act  to  enable  the  Creditors  of  Insolvent  Debtors  who 
are  willing  to  give  up  their  Effects  to  dispose  of  the  same  for  the  Benefit  of  the  Creditors,  and 
to  release  the  said  Debtors  from  Confinement. 

After  which  the  said  Acts  were  published  and  his  Excellency  and  the  Council  &  General 
Assembly  being  returned  to  the  Council  Chamber  His  Excellency  was  pleased  to  direct  the 
Speaker  of  the  General  Assembly  to  adjourn  the  House  to  Tuesday  the  29lh  day  of  March  next. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  the  29th  day  of  March  next. 


t  N.  Y.  Col.  MSS.,  LXXXIV.,  45.  ] 

BY  His  EXCELLENCY 

SIR  CHARLES  HARDY,  Knight  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New   York  and  the  Territories  depending  thereon  in  America   and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the 
twenty  ninth  day  of  March  Instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I 
do  by  and  with  the  advice  of  his  Majesty's  Council  adjourn  the  said  General  Assembly  to 
Tuesday  the  twelfth  day  of  April  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  twenty  sixth  day  of  March  one  thousand  seven  hundred  and  fifty  seven 
in  the  thirtieth  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  and  so  forth. 

CHAS  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR  D.  Sccry 

G-od  save  the  KING. 


[N.  Y.  Col.  MSS.,  LXXXIV.,  52.] 

BY  ins  EXCELLENCY 

Sir  CHARLES    HARDY   Knight,  Captain   General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twelfth 
day  of  April  Instant.  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I  do  by  and 
with  the  Advice  of  his  Majesty's  Council  adjourn  the  said  General  Assembly  to  Tuesday  the 
twenty  sixth  day  of  April  Instant  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  April  one  thousand  seven  hundred  and  fifty  seven  in  the 
thirtieth  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  and  so  forth. 

CHA8  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Secry 

God  save  the  KING. 


1300  Journal  of  the  Legislative  Council  of  New  York. 


[N.  Y.  Col.  MSS.,  LXXXIV.,  60.  ] 

BY  HIS  EXCELLENCY 

Sir  CHARLES  HARDY  Knight,  Captain   General  and  Governor  in  Chief  in   and  over  the 
(L.  s.)     Province  of  New    York  and  the  Territories  depending  thereon  in  America  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twenty 
sixth  day  of  Airril  Instant:  I  have  thought  fit  for  his  Majesty's  service  to  adjourn,  and  I  do  by 
and  with  the  advice  of  his  Majesty's  Council  adjourn  the  said  General  Assembly  to  Tuesday  the 
tenth  day  of  M<nj  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  fifth  day  of  April  1757  in  the  thirtieth  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  and  so  forth. 

CHAS  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR  D.  Stcry. 

God  save  the  KING. 


[N.  Y.  CoL  MSS.,  LXXXVI.,  65.) 

BY  HIS  EXCELLENCY 

Sir   CHARLES   HARDY  Knight  Captain  General  and  Governor  in  Chief  in  and  over  the 

(L.  s.)    Province  of   New    York  and    the   Territories    depending   thereon    in    America   Vice 

Admiral  of  the  same  and  Rear  Admiral  of  the  Blue  Squadron  of  His  Majesty's  Fleet. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  tenth 
day  of  May  Instant.  I  have  thought  fit  for  his  Majesty's  service  to  adjourn,  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council,  adjourn  the  said  General  Assembly  to  Tuesday  the 
twenty  fourth  day  of  May  Instant:  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  May  1757  in  the  thirtieth  year  of  the  Reign  of  our  Soveraign 
Lord  George  the  Second  by  the  Grace  of  God  of  Great  Britain  France  & 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CHAS  HARDY. 
By  his  Excellency's  Command 

Gw  BANYAR  D.  SScry. 

God  save  the  KING. 


t  N.  Y.  Col.  MSS.,  LXXXIV.,  77.) 

BY  HIS  EXCELLENCY 

Sir  CHARLES  HARDY  Knight,  Captain  General   and   Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America,  Vice  Admiral 
of  the  same  and  Rear  Admiral  of  the  Blue  Squadron  of  His  Majesty's  Fleet 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twenty 
fourth  day  of  May  Instant.     I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I  do  by  and 


1757.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1301 

with  the  advice  of  his  Majesty's  Council  adjourn  the  said  General  Assembly  to  Tuesday  the 
seventh  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  twenty  third  day  of  May  1757  in  the  thirtieth  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  and  so  forth. 

CHAS  HARDY. 
By  His  Excellency's  Command 

Gw  BANYAR  D.  Secry. 

God  save  the  KING. 


[  N.  Y.  Col.  MSS.,  LXXXIV.,  S3.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  the  New   York  and  the   Territories  depending  thereon  in 
America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  seventh 
day  of  June  Instant  I  have  thought  fit  for  His  Majesty's  service  to  adjourn  and  I  do  by  and  with 
the  advice  of  His  Majesty's  Council  adjourn  the  said  General  Assembly  to  Tuesday  the  twenty 
first  day  of  June  Instant  Of  which  all  His  Majesty's  Subjects  concerned  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  third  day  of  June  1757,  in  the  thirtieth  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAR  D.  Secry. 

God  save  the  KING. 


(N.  Y.  Col.  MSS.,  LXXXIV.,  99.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)    over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twenty 
first  day  of  June  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  adjourn  and  I  do  by  and 

with  the  advice  of  his  Majesty's  Council  adjourn  the  said  General  Assembly  to  Tuesday  the 
ffifth  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  twentieth  day  of  June  1757  in  the  thirtieth  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honours  Command 

Gw  BANYAR  D.  Secry. 

God  save  the  KING. 


1302  Journal  of  the  Legislative  Council  of  New  York.  [2£E  £'£".• 

[N.  Y.  Col.  MSS.,  LXXXIV,,  118.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCE  Y  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)    over  the  province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  thejifth  day 
of  July  next,  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  adjourn  the  said  General  Assembly  to  Tuesday  the  nineteenth 
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  thirtieth  day  of  June  1757  in  the  thirty  first  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAE,  D.  Sccry. 

God  save  the  KING. 


[JT.  Y.  Col.  MSS.,  LXXXIV.,  127.J 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  Yorlc  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  nineteenth 
clay  of  July  Instant.  I  have  thought  fit  for  His  Majestys  service  to  adjourn  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  adjourn  the  said  General  Assembly  to  Tuesday  the 
second  day  of  August  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  sixteenth  day  of  July  1757  in  the  thirty  first  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAR  D.  Secry. 

God  save  the  KING. 


[  N.  Y.  Col.  MSS.,  LXXXIV.,  135.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  second 
day  of  August  next,  I  have  thought  fit  for  his  Majesties  service  to  adjourn   and  I  do  by  and 


1757.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1303 

with  the  advice  of  his  Majesty's  Council  adjourn  the  said  General  Assembly  to  Tuesday  the 
sixteenth  day  of  August  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  thirtieth  day  of  July  1757  in  the  thirty  first  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


[  N.  Y.  Col.  MSS.,  LXXXIV.,  146.  ] 
BY   THE    HONOUKABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)     and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  sixteenth 
day  of  August  Instant  I  have  thought  fit  in  pursuance  of  the  Advice  of  His  Majesty's  Council 
to  adjourn  and  I  do  hereby  adjourn  the  said  General  Assembly  to  Tuesday  the  thirtieth  day  of 
August  Instant  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  the  City  of  Albany  the  tenth  day  of 
August  1757  in  the  thirty  first  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAR  D  Slcry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  LXXXV.,  5.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  thirtieth 
day  of  August  Instant  I  have  thought  fit  with  the  advice  of  his  Majesty's  Council  to  adjourn 
and  I  do  hereby  adjourn  the  said  General  Assembly  to  Wednesday  the  thirty  first  day  of  August 
Instant  then  to  meet  at  Harlem  in  the  Out  ward  of  this  City  to  proceed  on  Business.  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  second  day  of  August  1757  in  the  thirty  first  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


1304  Journal  of the  Legislative  Council  of  New  York.  ["Ill  !£""' 

Haerlem  in  the  Outward  of  the  City  of  Neiv  York,  Wednesday  the  thirty  first  day  of 

August,  1757. 

« 

The  General  Assembly  being  on  the  26th  clay  of  February  last  adjourned  to  the  29th  day  of 
March  following,  and  having  by  divers  Proclamations  from  time  to  time  since  published  been 
further  adjourned  to  this  day  to  meet  at  Haerlem  aforesaid 

The  Council  met  accordingly. 

PRESENT —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Friday  next  11  o  clock  A.  M. 


Friday,  the  2d  day  of  September,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono11'  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Honour  the 
Lieutenant  Governor  which  being  read  was 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows  viz' 

Gentlemen  of  the.  Council  and  General  Assembly, 

His  Majesty  having  been  pleased  to  prefer  his  Excellency  Sir  Charles  Hardy  to  the  Rank  of 
Rear  Admiral  in  his  Fleet,  and  having  permitted  and  allowed  him  to  resign  this  Government 
agreable  to  his  own  Request,  on  his  Departure  the  Administration  devolved  on  me,  as  Lieutenant 
Governor  of  this  Province;  soon  after  which,  apprehending  a  Visit  from  the  Enemy  on  our 
Northern  Frontier,  I  thought  it  necessary  to  take  all  the  Measures  in  my  Power  to  strengthen 
General  Webb  ;  and  for  this  Purpose,  I  sent  out  my  Orders  to  the  Colonels  of  the  Militia  of 
Albany,  Dutchess,  Ulster,  and  that  part  of  Orange  above  the  Mountains,  to  march  with  their 
Regiments  to  the  Assistance  of  General  Webb,  upon  his  Requisition,  and  to  obey  his  Orders,  of 
Orders,  of  which  I  gave  him  Notice  by  Letter. 

In  the  night  of  the  3d  of  August  last,  I  received  a  Letter  from  General  Webb,  of  the  30th 
July,  advising  me  that  the  Enemy  were  within  twelve  Miles  of  Fort  William  Henry;  that  he 
should  immediately  call  in  the  Troops  at  the  different  Posts  on  Hudson's  River,  and  give  Orders 
for  the  Militia  of  the  Counties  to  march,  and  desiring  my  Presence  at  Albany,  to  forward  them. 
I  set  out  for  that  Place  on  the  5th,  which  was  as  soon  as  I  possibly  could,  and  arrived  there  the 
8th:  on  the  10th  I  had  Advice  of  the  Surrender  of  Fort  William  Henry;  and  as  it  was 
reasonable  to  think  the  Enemy  with  so  formidable  an  Army  and  such  a  Train  of  Artillery,  as 
they  were  said  to  have,  would  endeavour  to  penetrate  farther  into  this  Country,  I  sent  Orders 
for  a  Detachment  ot  500  Men  from  the  City  of  New-York,  600  from  Queen's  County,  and  the 
Whole  Militia  of  Westchester  to  march  up  ;  and  I  had  the  Satisfaction  to  hear  that  those  of  the 
City  of  New- York,  and  Westchester,  shew'd  a  very  becoming  Spirit  on  this  Occasion.  Those 
above  the  Highlands  had  march'd  in  Consequence  of  my  former  Orders,  on  General  Webb's 
Requisition,  and  many  proceeded  to  Fort  Edward,  but  after  a  short  Stay  General  Webb  informed 
me,  that  all  the  Militia,  except  those  of  the  County  of  Albany,  had  deserted  in  a  mutinous 
Manner;  I  did  all  I  could  to  stop  them  but  with  little  Success.  This  Step,  whether  arising 
from  Cowardice  or  Disgust,  or  whatever  other  Motive,  deserves  a  very  severe  Animadversion, 
more  especially  as  it  was  taken  at  a  time  when  the  Enemy  were  still  at  Fort  William  Henry, 
only  fourteen  Miles  distant  from  Fort  Edward,  the  most  advanced  Post  we  had  in  that  Quarter 
of  the  Country.  I  shall  order  a  strict  Enquiry  to  be  made  into  the  Behaviour  of  the  Militia,  and 
Cause  the  Law  to  be  put  in  Execution  against  all  Delinquents. 

I  left  Albany  the  21st,  and  as  soon  as  I  came  to  New- York,  I  directed  circular  Letters  to  be 
sent  to  call  you  together  as  soon  as  possible  ;  one  of  the  Reasons  of  which  was  to  recommend 
to  you  the  compleating  the  Regiments  in  the  Pay  of  this  Province  with  the  utmost  Speed, 
General  Webb  having  also  wrote  to  the  other  Governments  to  compleat  theirs,  as  the  Troops 
under  his  Command  were  very  much  lessened.  This  was  a  Measure  apparently  necessary  at 


1757.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1305 

that  time,  but  as  his  Excellency  (he  R'  Honoble  the  Earl  of  Loudoun,  Commander  in  Chief 
of  his  Majesty's  Forces  in  North-America,  is  since  arrived  here  with  a  Body  of  Troops, 
the  Necessity  of  this  Measure  ceases.  I  have  confer' li  with  his  Lordship  on  this  Subject,  and 
he  is  of  Opinion,  there  is  no  Occasion  now  to  put  the  Province  to  this  Expence,  as  he  is  not 
desirous  they  should  be  burthened  with  any  Charge,  but  when  his  Majesty's  Service  and  their 
own  Safety  require  it. 

The  other  reason  of  my  calling  you,  is  to  recommend  to  you  a  further  Provision  for  the 
Subsistance  of  the  New  York  Regiment.  These  were  the  only  Matters  I  had  to  lay  before  you 
for  your  Consideration,  at  this  time,  leaving  the  other  necessary  Business  of  the  Province,  to  be 
done  at  a  more  convenient  Season. 

JAMES  DE  LANCEY. 
City  of  New  York 
ad  September  1757. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Saturday,  the  third  day  of  September,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  RUTHERFCRD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  directed  the  General  Assembly  to  adjourn 
themselves  to  Tuesday  the  fourth  day  of  October  next  The  Council  therefore  adjourned  to 
the  said  fourth  day  of  October  at  11  o  clock  in  the  Forenoon. 


I  N.  Y.  Col.  MSS.,  LXXXV.,  18.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  fourth 
day  of  October  instant,  I  have  thought  fit  for  his  Mnjesty's  service  to  adjourn  and  I  do  by  and 
with  the  advice  of  his  Mnjesty's  Council  adjourn  the  said  General  Assembly  to  Tuesday  the 
Eiglith  day  of  November  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  first  day  of  October  1757  in  the  thirty  first  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAE  D.  Sccry. 

God  save  the  KING. 


164 


1306  Journal  of  the  Legislative  Council  of  New  York.  [2JS  se 


[  N.  Y.  Col.  M3S.,  LXXXV.,  37.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  eighth 
day  of  November  instant,  I  have  thought  fit  for  his  Majesty's  Service  to  adjourn  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  adjourn  the  said  General  Assembly  to  Tuesday  the 
twenty  second  day  of  November  instant.  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  first  day  of  November  1757  in  the  thirty  first  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw.  BANYAR  D  Stcry. 

God  save  the  KING. 


[  N.  Y.  Col.  MSS.,  LXXXV.,  40.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)    over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twenty 
second  day  of  November  instant  I  have  thought  fit  for  his  Majesty's  Service  to  adjourn  and  I  do 
by  and  with  the  advice  of  His  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 
Tuesday  the  sixth  day  of  December  next  then  to  meet  in  the  Out  Ward  of  the  City  of  New  York 
in  order  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  fifteenth  day  of  November  1757  in  the  thirty  first  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  and  so  forth 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1757.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1307 

City  Hall,  in  the  City  of  New  York,  Tuesday,  the  sixth  day  of  December,  1757. 

His  Honour  the  Lieutenant  Governor  having  by  sundry  Proclamations  published  from  time  to 
time,  been  pleased  to  adjourn  the  General  Assembly  from  the  fourth  day  of  October  last  to  this 
day  to  meet  in  the  Outward  of  the  City  of  New  York. 

The  Council  met  at  the  Council  Chamber  in  the  City  Hall. 

PRESENT — The  Hono™6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Wednesday,  the  Th  day  of  December,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono'ile  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Honour  the  Lieutenant 
Governor  which  being  read  was 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows  : 

Gentlemen, 

I  Have  delayed  calling  you  together  till  this  Time,  in  Expectation  of  receiving  Directions 
from  his  Majesty,  to  lay  before  you,  as  to  the  Part  he  expected  this  Province  should  bear  in  any 
future  Operations;  and  I  was  also  in  hopes  the  Small-Pox  would  have  been  so  far  abated,  as  to 
admit  of  your  sitting  at  the  usual  Place.  But  as  it  is  still  in  some  Parts  of  the  City,  I  judged  the 
Out-ward  would  be  the  most  convenient. 

The  Matters  I  have  now  to  recommend  to  you  are, 

The  Support  of  his  Majesty's  Government;  for  which  I  doubt  not  you  will  make  further 
Provision,  and  frame  your  Bills  in  such  Manner,  as  I  may  find  no  Difficulty  in  giving  my 
Assent  to  them. 

The  Enemy  Indians  having  made  Incursions  into  the  Counties  of  Ulster  and  Orange,  and 
murdered  some  of  the  Inhabitants,  I  ordered  Detachments  from  the  Militia,  to  be  employed  on 
the  Scout  to  protect  the  Setters,  promising  to  recommend  their  Service  to  you,  at  your  next 
Meeting,  which  I  now  do.  I  also,  on  repeated  Applications  from  thence,  gave  Orders  to  have 
a  Line  of  Blockhouses  built,  more  effectually  to  secure  that  Part  of  the  Country,  and  to 
encourage  the  Inhabitants  to  stay,  and  not  abandon  their  Settlements.  That  Frontier  is  now, 
and  has  for  some  Time,  been  guarded  by  Troops  posted  there  by  the  Earl  of  London's  Orders; 
but  when  his  Majesty's  Service  in  the  next  Season,  shall  call  for  those  Troops  thence,  it  will 
become  necessiiry  to  place  others  there  in  the  Pay  of  the  Province,  least  that  Part  of  the 
Country  be  otherwise  destroyed  by  the  French  and  their  Savages.  For  this  Expence,  Provision 
should  be  made,  as  also  for  the  Payment  of  other  Debts  accrued  for  the  Service  of  the 
publick,  and  for  the  Maintainance  of  French  Prisoners  of  War. 

I  have  retained  two  Companies  of  Rangers  out  of  the  Regiment  in  the  Pay  of  this  Province, 
for  whose  subsistance  you  will  make  Provision  ;  the  Rest  where  disbanded  as  soon  as  his 
Majesty's  Service  would  admit  of  it. 

At  the  Request  of  the  Corporation  of  the  City  of  New-York,  I  have,  with  the  Advice  of  his 
Majesty's  Council,  drawn  for  £2,000  out  of  the  Fortification  Fund,  to  be  applyed  to  the  Purpose 
of  building  Barracks  for  the  Use  of  the  King's  Troops,  which  Sum  the  Corporation  have 
engaged  to  replace. 

The  bad  Consquences  arising  from  the  immoderate  Use  of  spirituous  Liquors  among  the 
King's  Troops,  is  a  Matter  deserving  your  Consideration,  and  requires  some  proper  Law  to 
regulate  or  restrain  the  Retailer. 


1308  Journal  of  the  Legislative  Council  of  New  York.  [ 


9 


The  Act  for  inspecting  Flour  is  near  expiring  :  The  Reputation  that  Commodity  hath 
acquired  since  the  passing  this  Law,  is  a  sufficient  Evidence  of  its  Utility,  and  that  it  ought  to 
be  continued.  And  if  Beef,  Pork,  and  Butter,  which  are  also  staple  Commodities  of  this  Province, 
were  put  under  the  like  Regulations,  it  would  greatly  add  to  their  Credit  abroad. 

The  Militia  Laws  being  near  expiring,  you  will  find  it  necessary  to  continue  them,  with  such 
Alterations  and  Amendments  as  shall  be  judg'd  expedient  from  the  Inconveniences  which  have 
arisen.  And  I  think  it  highly  proper  to  add  a  Clause,  subjecting  all  Fire  Arms  to  Inspection, 
Numbers  of  very  bad  foreign  Arms  having  of  late  been  imported.  The  Acts  laying  an  Excise 
upon  Tea,  and  a  Scamp  Duty,  which  will  soon  expire,  should  be  also  further  continued. 

The  Situation  this  and  his  Majesty's  Colonies  are  in  by  the  Distresses  of  War,  calls  upon  you 
to  think  of  all  Methods  for  raising  Money  to  defray  the  publick  Expences.  I  shall  point  out 
two,  which  at  the  same  Time  that  they  are  not  Burthensome,  will  be  accompanyed  with  great 
Advantages  to  the  Publick.  The  one  is  a  Poll  Tux  on  Slaves.  The  other  a  Duly  of  Tonnage 
on  all  Vessels  not  built  in  this  Province,  or  in  Great-Britain.  The  first  will  naturally  tend  to 
Introduce  white  Servants,  which  will  augment  the  Strength  of  the  Country;  besides,  the  Price 
of  Labour  is  now  become  so  high,  and  hence  the  Owners  of  Slaves  reap  such  Advantage,  that 
they  cannot  reasonably  complain  of  a  Tax  on  them.  The  second  will  tend  to  promote  Ship 
Building,  and  encourage  Shipwrights  and  other  Artificers  to  settle  among  us,  to  the  great 
Emolument  of  the  Publick. 

Whatever  other  Bills  you  prepare  for  the  Advancement  of  his  Majesty's  Service,  and  the 
Welfare  of  the  Province,  you  will  find  me  ready  to  give  my  Assent  to. 

JAMES  DE  LAKCEY. 
Fort  George  New  York 

7lh  December  1757. 

The  Council  adjourned  till  Tuesday  next  at  11  o  clock  in  the  Morning. 


Tuesday,  the  13'A  day  of  December,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Hono116  ARCHIBALD  KENXEDT,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHEKFURD, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Beekman  and  Mr  Janse  wiih  the  Bill 
Entituled  [An  Act  to  continue  An  Act  Enlituled,  An  Act  for  erecting  and  establishing  a 
Stamp  Office  in  the  Colony  for  stamping  all  Vellum  Parchment  and  Paper  charged  with  the 
several  Duties  therein  mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Co!0  Philipseand  Mr  Miller  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  Entituled,  An  Act  to  regulate  the  guaging  of  Rum  Brandy 
and  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  Cap'  Winne  and  Mr  Mynderse  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his  Majesty  the 
several  duties  and  Impositions  on  Goods  Wares  &  Merchandizes  imported  into  this  Colony 
therein  mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap1  Winne  and  Mr  Du  Puy  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  to  prevent  the  Exportation  of 
unmerchantable  Flour  and  the  false  taring  of  Bread  and  Flour  Casks]  desiring  the  concurrence 
of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Verplanck  and  Mr  Mynderse  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  regulating  the  Militia  of 
the  Colony  of  New  York  together  with  the  two  Acts  therein  mentioned  respecting  the  regulating 
the  Militia  of  New  York  with  an  addition  thereto]  desiring  the  concurrence  of  the  Council 
thereto. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Mathew  with  the  Bill  Entituled 
[An  Act  to  empower  Justices  of  the  Peace  to  try  Causes  to  the  value  of  five  pounds  and  under, 
And  for  repealing  the  two  Acts  therein  mentioned]  desiring  the  concurrence  of  the  Council 
thereto. 

Ordered,  that  the  said  six  Bills  be  read. 

Then  the  said  six  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  til  Thursday  next  at  4  o  clock  in  the  Afternoon. 


1757.]  The  Hon.  James  De  Lancerj,  Esq:  Lieut.  Governor.  1309 

Thursday,  the  15"'  day  of  December,  1757.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono.  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Messase  from  the  General  Assembly  by  Col.  De  Lancey  and  Mr  Du  Puy  with  the  Bill 
Entituled  [An  Act  further  to  continue  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] 
desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Mr  Verplanck  with  the  Bill  Entituled 
[An  Act  to  regulate  the  collecting  the  duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony 
from  the  first  of  January  one  thousand  seven  hundred  and  fifty  eight  to  the  first  day  of  January 
one  thousand  seven  hundred  and  fifiy  nine]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Mynderse  and  Mr  Vanderveer  with  the  Bill 
Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  for  Billetting  and  quartering  his 
Majesty's  Forces  within  this  Colony]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Capt"  Walter  and  Mr  Mynderse  with  the  Bill 
Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  for  laying  an  Excise  upon  all  Tea  of 
foreign  growth  retailed  within  this  Colony]  desiring  the  concurrence  of  the  Council  thereto. 

Ordered  that  the  said  four  Bills  be  read. 

Then  the  said  four  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  morning  11  o  clock. 


Friday,  the  16'*  day  of  December,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honob!e  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  following  Bills  be  read  the  second  time  viz' 

The  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled,  An  Act  for  erecting  and  establishing 
a  Stamp  Office  in  this  Colony  for  stamping  all  Vellum  Parchment  and  Paper  charged  with  the 
several  Duties  therein  mentioned. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  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  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned.] 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  to  prevent  the 
exportation  of  unmerchantable  Flour  and  the  false  taring  of  Bread  and  flour  Cask.] 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  Regulnting  the 
Militia  of  the  Colony  of  New  York  together  with  the  two  Acts  therein  mentioned  respecting 
the  regulating  the  Militia  of  New  York  with  an  Addition  thereto]  and 

The  Bill  Entituled  [An  Act  to  empower  Justices  of  the  Peace  to  try  Causes  to  the  value  of 
five  pounds  and  under,  and  for  repealing  the  two  Acts  therein  mentioned.] 

Then  the  said  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  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 


1310  Journal  of  the  Legislative  Council  of  New  York.  [2™h  si 

the  Debts  and  for  the  better  support  of  the  Government  of  this  Colony  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. 

Resolved,  that  an  humble  Address  be  presented  to  his  Honour  the  Lieutenant  Governor, 
desiring  he  would  be  pleased  to  inform  the  Council,  whether  he  hath  received  his  Majesty's 
Directions,  as  to  the  passing  An  Act  further  to  continue  the  Currency  of  the  Bills  of  Credit 
emitted,  by  virtue  of  An  Act  passed  in  the  eleventh  year  of  his  Majesty's  Reign,  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]  or  whether  he  knows  if  his 
Majesty's  pleasure  on  that  Head  was  signifyed  to  his  Excellency  Sir  Charles  Hardy  Knight 
beibre  he  left  this  Province. 

Ordered,  that  Mr  Horsmanden  and  Mr  Chambers  do  wait  on  his  Honour  the  Lieutenant 
Governor  with  the  said  Address. 

Ordered,  that  the  three  following  bills  be  now  read  the  second  time  viz' 

The  Bill  Entituled,  An  Act  to  regulate  the  Collecting  the  Duty  of  Excise  on  Strong  Liquors 
retail'd  in  this  Colony  from  the  first  of  January  one  thousand  seven  hundred  and  fifty  eight 
to  the  first  day  of  January  one  thousand  seven  hundred  and  fifty  nine. 

The  Bill  Entituled,  An  Act  to  continue  An  Act  entituled,  An  Act  for  billeting  and  quartering 
his  Majesty's  Forces  within  this  Colony.  And 

The  Bill  Entituled,  An  Act  to  continue  An  Act  entituled,  An  Act  for  laying  An  Excise  upon 
all  Tea  of  foreign  growth  retailed  within  this  Colony  with  an  Addition  thereto. 

Then  the  said  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Monday  next  at  11  o  clock  in  the  Morning. 


Monday,  the  19'*  day  of  December,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoWe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqrt. 

The  Speaker  assumed  the  Chair. 

Mr  Horsmanden  Reported  that  himself  and  Mr  Chambers  had  waited  on  his  Honour  the 
Lieutenant  Governor  with  the  Address  of  the  Council,  desiring  he  would  be  pleased  to  inform 
the  Council  whether  he  had  received  Ins  Majesty's  Directions  as  to  the  passing  An  Act  further 
to  continue  the  currency  of  the  Bills  of  Credit  emitted  by  virtue  of  An  Act  passed  in  the 
eleventh  year  of  his  Majesty's  Reign  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]  or  whether  he  knew  if  his  Majesty's  Pleasure  on  that  Head  was 
signifyed  to  his  Excellency  Sir  Charles  Hardy  Knight  before  he  left  this  Province  And  that  his 
Honour  said  he  had  not  received  any  Instructions  as  to  that  Matter,  nor  did  he  know  whether 
Sir  Charles  Hardy  received  any  before  his  Departure. 

A  Message  from  the  General  Assembly  by  Col.  De  Lancey  and  Mr  Verplanck  with  the  Bill 
Entituled  [An  Act  for  raising  by  a  publick  Lottery  for  this  Colony  the  sum  of  one  thousand 
one  hundred  and  twenty  five  pounds  towards  finishing  a  new  Goal  in  the  City  of  New  York] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Mr  Janse  with  the  Bill  Entituled 
[An  Act  to  raise  levy  and  Collect  the  sum  of  fifty  pounds  in  the  City  and  County  of  New  York 
for  services  performed  by  the  Coroner  of  the  said  City  and  County]  desiring  the  concurrence  of 
the  Council  thereto. 

Ordered,  that  the  said  Bills  he  read. 

Then  the  said  two  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

^  A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Mynderse  with  the  Bill 
Entituled  [An  Act  to  enable  the  Mayor  Aldermen  and  Commonalty  of  the  City  of  New  York 
to  raise  a  sum  not  exceeding  three  thousand  five  hundred  pounds  for  erecting  Barracks  for  His 
Majesty's  Troops,  providing  them  with  Firewood  and  Candles  and  other  purposes  therein 
mentioned]  desiring  the  concurrence  of  the  Council  thereto. 


1757.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1311 

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  to  Morrow  Morning  10  o  clock. 


Tuesday,  the  20'A  day  of  December,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUa  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  raise  levy  and  collect  the  sum  of  fifty  pounds  in 
the  City  and  County  of  New  York  for  services  performed  by  the  Coroner  of  the  said  City  & 
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  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  house  in  his  place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  it  without  any  Amendment. 

Which  report  on  the  Question  being  put  was  agreed  to  and  approved  of,  and  the  Bill 

Ordered  a  third  reading 

Ordered,  that  the  Bill  Entituled  [An  Act  for  raising  by  a  publick  Lottery  for  this  Colony  the 
sum  of  one  thousand  one  hundred  and  twenty  five  pounds  towards  finishing  a  new  Goal  in  the 
City  of  New  York]  and 

The  Bill  Entituled  [An  Act  to  enable  the  Mayor  Aldermen  and  Commonalty  of  the  City  of 
New  York  to  raise  a  sum  not  exceeding  three  thousand  five  hundred  Pounds  for  erecting 
Barracks  for  his  Majesty's  Troops,  providing  them  with  Firewood  &  Candles  and  other  purposes 
therein  mentioned]  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  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  entituled  An  Act  for  erecting  and  establishing  a  Stamp  Office  in  this 
Colony  for  stamping  all  Vellum  Parchment  and  Paper  charged  with  the  several  Duties  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled,  An  Act  to  regulate  the  guaging  of  Rum  Brandy  and 
other  distill'd  Liquors  and  Molasses  and  other  purposes  therein  mentioned]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  same  and  directed  him  to  report  the  said  Bill  without  any 
Amendment. 

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

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods,  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  any 
Amendment. 


1312  Journal  of  the  Legislative  Council  of  New  York.  ["IhsS™1 

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

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled  An  Act  to  prevent  the  Exportation  of  unmerchantable 
Flour  and  t!ie  false  taring  of  Bread  and  Flour  Casks]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled,  An  Act  for  regulating  the  Militia  of  the  Colony  of 
New  York  together  with  the  two  Acts  therein  mentioned  respecting  the  regulating  the  Militia 
of  New  York  with  an  addition  thereto]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony 
from  the  first  of  January  one  thousand  seven  hundred  and  fifty  eight  to  the  first  day  of 
January  one  thousand  seven  hundred  and  fifty  nine]  And  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  Entituled,  An  Act  for  billeting  and  quartering  his  Majesty's  Forces 
within  this  Colony]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  Entituled  An  Act  for  laying  An  Excise  upon  all  Tea  of  foreign  Growth 
retailed  within  this  Colony,  with  an  Addition  thereto]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1757.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1313 

Wednesday,  the  21s'  day  of  December,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Hono6!e  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTIIERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Eatituled  [An 
Act  further  to  continue  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  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Council  being  informed  that  Mr  Richard  Morris  was  attending  without,  and  had  some 
matter  to  lay  before  this  House,  He  was  called  in  and  presented  to  the  House  a  Petition  of 
sundry  Persons,  being  all  Officers,  orTVacticers  of  the  Law  in  the  Inferior  Courts  of  this  Province 
in  behalf  of  themselves  and  others,  setting  forth  that  the  Petitioners  are  informed,  that  there  is 
a  Bill  depending  before  this  Honourable  House,  in  order  to  give  a  perpetual  Jurisdiction  to 
Justices  within  this  Province  to  try  Causes  of  Debt  or  Damages  where  the  Matter  in  demand  or 
the  thing  in  controversy  does  not  exceed  five  Pounds.  And  that  the  Petitioners  do  conceive 
that  the  said  Bill  should  it  pass  into  a  Law  would  be  vastly  detrimental  to  the  Province  in 
general,  and  to  the  Interest  of  the  Petitioners  in  particular.  And  therefore  praying  a  copy  of  the 
said  Bill  and  that  they  may  be  heard  by  themselves  and  Council  before  this  House  against  the 
same. 

Mr  Morris  withdrawing  and  the  Council  taking  the  said  Petition  into  consideration 

Ordered,  that  the  Petitioners  have  leave  to  take  a  copy  of  the  Bill,  and  to  be  heard  by 
themselves  and  Council  against  the  same  on  a  day  to  be  appointed  by  this  House  at  their  first 
Meeting  after  the  Holidays,  and  that  in  the  mean  time  the  Petitioners  file  their  Reasons  against 
the  passing  of  the  said  Bill  with  the  Clerk  of  this  House. 

The  Council  adjourned  till  to  Morrow  Morning  11  o'clock. 


Thursday,  the  22d  day  of  December,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled,  An  Act  for  erecting 
and  establishing  a  Stamp  Office  in  this  Colony  for  stamping  all  Vellum  Parchment  and  Paper 
charged  with  the  several  Duties  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  further  to  continue  An  Act  Entituled,  An  Act  to 
regulate  the  guaging  of  Rum,  Brandy  and  other  distill'd  Liquors  and  Molasses  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 

165 


1314  Journal  of  the  Legislative  Council  of  New  York.  [2J[£  £•«£• 

Resolved  that  the  said  Bill  do  pass. 

Ordered,  that  the  Bill  Entitulod  [An  Act  to  continue  An  Act  Entituled  An  Act  for  granting 
to  his  Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported 
into  this  Colony  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. 

Oidercd,  that  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  to 
prevent  the  exportation  of  unmerchantable  Flour  and  the  false  taring  of  Bread  and  Flour  Cask] 
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  further  to  continue  An  Act  Entituled  An  Act  for 
regulating  the  Militia  of  the  Colony  of  New  York  together  with  the  two  Acts  therein  mentioned 
respecting  the  regulating  the  Militia  of  New  York  with  an  Addition  thereto]  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  further  to  continue  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]  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  Mr  Rutherfurd  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  regulate  the  Collecting  the  Duty  of  Excise  on 
Strong  Liquors  retailed  in  this  Colony  from  the  first  of  January  one  thousand  seven  hundred 
and  fifty  eight  to  the  first  day  of  January  one  thousand  seven  hundred  and  fifty  nine]  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  to  continue  An  Act  Entituled  An  Act  for  billeting 
and  quartering  his  Majesty's  Forces  within  this  Colony]  be  now  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  for  laying 
an  Excise  upon  all  Tea  of  foreign  Growth  retailed  within  this  Colony  with  an  Addition  thereto] 
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  to  raise  levy  and  collect  the  sum  of  fifty  Pounds 
in  the  City  and  County  of  New  York  for  services  performed  by  the  Coroner  of  the  said  City 
and  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. 

Ordi-rcd,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  raising  by  a  publick  Lottery  for  this  Colony  the  sum  of  one  thousand  one  hundred  and 
twenty  five  Pounds  towards  finishing  a  new  Goal  in  the  City  of  New  York]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  any  amendment. 


1757.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1315 

"Which  Report  on  the  question  being  put  was  agreed  to  and  approved  of  and  the  Bill 

Ordered  a  third  reading. 

Ordered,  that  Oliver  De  Lancey  Esqr  do  with  all  convenient  speed  lay  before  this  House  an 
Account  on  Oath  of  all  Moneys  received  and  expended  by  him  for  the  use  of  the  Forces 
employed  in  his  Majesty's  service  in  the  Pay  of  this  Province  during  the  time  he  acted  as 
Commissioner  for  providing  Necessaries  for  the  said  Forces  in  the  years  1755  and  1756, 
distinguishing  the  several  Expences  under  their  proper  Heads,  such  as  Arms,  Clothing,  Necessaries, 
Provisions,  Transportation,  Carriage  &ca. 

Ordered,  that  Philip  Schuyler  and  John  De  Peyster  Esq"  late  Commissaries  and  Paymasters 
of  the  Forces  in  the  Pay  of  this  Province,  do  with  all  convenient  speed  lay  before  this  House 
the  Monthly  Muster  Rolls  of  the  Officers  and  effective  Men  employed  in  his  Majesty's  service, 
in  the  Pay  of  this  Province,  during  the  time  the  said  Commissaries  and  Paymasters  acted  in 
those  Offices,  in  the  yenrs  1755  and  1756  :  as  also  an  Account  on  Oath  of  all  Moneys  received 
and  expended  by  them  for  the  use  of  the  said  Forces  during  the  same  time,  distinguishing  the 
several  expences  under  their  proper  Heads,  such  as  Pay,  Clothing,  Necessaries,  Provisions, 
Transportation  Carriage  &ca. 

Ordered,  that  Oliver  De  Lancey,  John  Cruger  and  Beverley  Robinson  Esq"  Commissaries  and 
Paymasters  of  the  Forces  in  the  Pay  of  this  Province,  do  with  all  convenient  speed  lay  before 
this  House,  the  Monthly  Muster  Rolls  of  the  Officers  and  effective  Men  employed  in  His  Majesty's 
Service  in  the  Pay  of  this  Province,  from  the  time  the  said  Oliver  De  Lancey,  John  Cruger  and 
Beverly  Robinson  were  appointed  to  the  said  Offices  in  the  year  175(3  until  the  first  day  of 
December  Instant.  As  also  an  Account  on  Oath  of  all  Moneys  received  and  expended  by  them 
for  the  use  of  the  said  Forces  during  the  same  time,  distinguishing  the  several  expenses  under 
their  proper  Heads  such  as  Pay,  Clothing,  Arms,  Provisions,  Necessaries,  Transportation, 
Carriage,  &ca. 

Ordered,  that  Christopher  Bancker  and  John  Dies,  do  with  all  convenient  speed  lay  before 
this  House,  An  Account  on  Oath,  of  all  the  Monies  received  and  expended  by  them,  in  pursuance 
of  An  Act  passed  in  the  twenty  eighth  year  of  his  Majesty's  Reign  Entituled  [An  Act  for 
raising  a  supply  of  forty  five  thousand  pounds,  by  a  Tax  on  Estates  Real  and  Personal,  for 
putting  this  Colony  into  a  proper  Posture  of  Defence,  for  furthering  His  Majesty's  Designs 
against  his  Enemies  in  North  America,  and  other  the  purposes  therein  mentioned,  for  Emitting 
Bills  of  Credit  for  the  like  sum,  and  for  sinking  and  cancelling  the  said  Bills  in  short  Periods] 
distinguishing  in  the  said  account  the  particular  Purposes  to  which  such  Monies  have  been 
applyed. 

Ordered,  that  the  Clerk  take  effectual  care  that  Copies  of  the  said  Orders  be  delivered  to  the 
Parties  aforesaid  respectively. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Friday,  the  twenty  second  day  of  December,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York  to  raise  a  sum 
not  exceeding  three  thousand  five  hundred  pounds  for  erecting  Barracks  for  his  Majesty's 
Troops,  providing  them  with  Firewood  and  Candles  and  other  purposes  therein  mentioned]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  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. 


1716  Journal  of  the  Legislative  Council  of  New  York 

Ordered,  that  the  Bill  Entituled  [An  Act  for  raising  by  a  publick  Lottery  for  this  Colony  the 
sum  of  One  thousand,  one  hundred  and  twenty  five  pounds  towards  finishing  a  New  Goal  iu 
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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Council  adjourned  till  3  o  clock  P.  M. 


Friday,  the  23d  day  oj  December,  1757.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFORD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Dupuy  with  the  Bill  Entituled 
[An  Act  for  the  Payment  of  the  Salaries  and  Services  therein  mentioned  to  the  first  day  of 
September  One  thousand  seven  hundred  and  fifty  eight]  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Seaman  desiring  to  know  what 
progress  the  Council  have  made  in  the  Bill  Entituled  [An  Act  to  empower  Justices  of  the  Peace 
to  try  Causes  to  the  value  of  five  Pounds  and  under,  and  for  repealing  the  two  Acts  therein 
mentioned.] 

The  Council  adjourned  till  to  morrow  morning  10  o  clock. 


Saturday,  the  24'A  day  of  December,  1757. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

In  answer  to  the  Message  from  the  General  Assembly  to  the  Council,  desiring  to  be  informed 
what  progress  the  Council  have  made  in  the  Bill  Entituled  [An  Act  to  empower  Justices  of 
the  Peace  to  try  Causes  to  the  value  of  five  Pounds  and  under,  and  for  repealing  the  two  Acts 
therein  mentioned] 

Ordered,  that  the  Honoble  Daniel  Horsmanden  Esqr  do  acquaint  the  General  Assembly  that 
on  the  21st  Instant  while  the  said  Bill  was  under  Commitment  a  Petition  was  presented  to  this 
House,  wherein  the  Petitioners  pray  a  copy  of  the  said  Bill,  and  that  they  might  be  heard  by 
themselves  and  Council  against  the  same  which  was  ordered  accordingly,  and  that  a  day  should 
be  appointed  for  the  Hearing  at  the  first  meeting  of  this  House  after  the  Holidays. 

Ordered,  that  the  Bill  Entituled,  [An  Act  for  the  Payment  of  the  Salaries  and  Services  therein 
mentioned  to  the  first  day  of  September  one  thousand  seven  hundred  and  fifty  eight]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 


1757.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1317 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  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  Mr  Smith  acquaint  the  General  Assembly  that  the  Council  have  passed  the  said 
Bill  without  Amendment. 

The  Council  adjourned  till  3  o  clock  P.  M.  to  meet  at  the  Council  Chamber  in  the  Bowry 
Lane. 


Council  Cha?nber,  Bowry  Lane,  in  the  Outward  of  the  City  of  New    York,  Saturday 

the  24"'  day  of  December,  1757.     P.  M. 

The  Council  met  according  to  adjournment. 
PRESENT  —  The  HonoUe  DANIEL  HOKSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  (the  Speaker 
leaving  the  Chair)  sent  a  Message  to  the  General  Assembly,  by  Mr  Banyar  Deputy  Secretary, 
requiring  the  immediate  attendance  of  that  House. 

And  the  House  attending  accordingly 

His  Honour  in  the  presence  of  the  Council  and  General  Assembly  was  pleased  to  give  his 
assent  to  thirteen  Bills,  the  Titles  whereof  are  as  follow  viz* 

An  Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  His  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  for  the  Payment  of  the  Salaries  and  Services  therein  mentioned  to  the  first  day  of 
September  one  thousand  seven  hundred  and  fifty  eight. 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  regulating  the  Militia  of  the  Colony 
of  New  York  together  with  the  two  Acts  therein  mentioned  respecting  the  regulating  the 
Militia  of  New  York,  with  an  addition  thereto. 

An  Act  to  continue  An  Act  Entituled  An  Act  for  erecting  and  establishing  a  Stamp  Office  in 
this  Colony  for  stamping  all  Vellum  Parchment  and  Paper  charged  with  the  several  Duties 
therein  mentioned. 

An  Act  to  continue  An  Act  Entituled  An  Act  for  laying  an  Excise  upon  all  Tea  of  foreign 
Growth  retailed  within  this  Colony  with  an  addition  thereto. 

An  Act  further  to  continue  An  Act  Entituled  An  Act  to  prevent  the  Exportation  of 
unmerchantable  Flour,  and  the  false  taring  of  Bread  and  Flour  Cask. 

An  Act  to  continue  An  Act  Entituled  An  Act  for  billeting  and  quartering  his  Majesty's 
Forces  within  this  Colony. 

An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this 
Colony  from  the  first  of  January  one  thousand  seven  hundred  and  fifty  eight,  to  the  first  day  of 
January  one  thousand  seven  hundred  and  fifty  nine. 

An  Act  further  to  continue  An  Act  Entituled  An  Act  to  regulate  the  guagingof  Rum  Brandy 
and  other  distill'd  Liquor  and  Molasses,  and  other  purposes  therein  mentioned. 

An  Act  further  to  continue  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  for  raising  by  a  publick  Lottery  for  this  Colony  the  sum  of  one  thousand  one  hundred 
and  twenty  five  pounds  towards  finishing  a  new  Goal  in  the  City  of  New  York. 

An  Act  to  enable  the  Mayor  Aldermen  and  Commonalty  of  the  City  of  New  York  to  raise  a 
Sum  not  exceeding  three  thousand  five  hundred  Pounds,  for  erecting  Barracks  for  His  Majesty's 
Troops,  providing  them  with  Firewood  and  Candles,  and  other  Purposes  therein  mentioned. 

An  Act  to  raise  levy  and  collect  the  sum  of  fifty  pounds  in  the  City  and  County  of  New  York 
for  services  performed  by  the  Coroner  of  the  said  City  and  County. 


1318  Journal  of  the  Legislative  Council  of  New  York.  [2oth  sV"™' 

After  which  the  said  Acts  were  published  and  his  Honour  directed  the  Speaker  of  the  General 
Assembly  to  adjourn  the  House  till  Tuesday  the  twenty  fourth  day  of  January  next. 
His  Honour  the  Lieutenant  Governor  then  left  the  Council  Chamber. 
The  Speaker  assumed  the  Chair. 
The  Council  adjourned  till  Tuesday  the  24th  day  of  January  next. 


Tuesday,  the  24'A  day  of  January,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  til  Wednesday  the  1"  day  of  February  next  at  11  o  clock  in  the 
Morning. 


Wednesday,  the  first  day  of  February,  1758. 
The  Council  met  according  to  adjournm'. 

PRESENT  —  The  Hono.  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq"- 

The  Speaker  assumed  the  Chair. 

Pursuant  to  the  order  of  this  House  of  the  21st  day  of  December  last,  on  the  Petition  of 
sundry  Persons,  Officers  or  Practicers  of  the  Law  in  the  inferior  Courts  of  this  Province,  praying 
to  be  heard  against  a  Bill  depending  before  this  House  Entituled  [An  Act  to  empower  Justices 
of  the  Peace  to  try  causes  to  the  value  of  five  Pounds  and  under,  and  for  repealing  the  two 
Acts  therein  mentioned.] 

Ordered,  that  the  Petitioners  be  heard  by  themselves  and  Council  before  this  House  on 
Wednesday  the  8th  day  of  this  Instant  at  10  o  clock  in  the  Forenoon. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Col  De  Lancey  desiring  to  be 
informed  how  far  this  House  have  proceeded  in  the  Bill  Entituled  [An  Act  to  empower  Justices 
of  the  Peace  to  try  causes  to  the  value  of  five  pounds  and  under,  and  for  repealing  the  two 
Acts  therein  mentioned]  and  representing  that  that  House,  in  Justice  to  their  constituents 
cannot  avoid  being  sollicitous  about  a  Bill  which  Experience  has  shewn  to  be  attended  with 
such  happy  effects  in  the  several  Counties  where  it  took  place,  and  which  the  disinterested  part 
of  the  good  People  of  this  Colony  are  impatiently  expecting  to  see  continued:  and  therefore 
that  their  just  expectations  may  not  be  disappointed,  and  that  the  City  of  New  York,  and  such 
other  parts  of  the  Colony,  as  have  hitherto  been  precluded,  and  where  its  use  is  apparently 
necessary,  may  not  longer  be  deprived  of  the  Benefits  almost  universally  acknowledged  to  arise 
therefrom,  the  House  hopes  the  Council  will  not  continue  to  defer  their  concurrence  thereto. 

In  answer  to  the  Message  from  the  General  Assembly  of  yesterday,  desiring  to  be  informed  how 
far  this  House  have  proceeded  in  the  Bill  Entituled  [An  Act  to  empower  Justices  of  the  Peace 
to  try  Causes  to  the  value  of  five  Pounds  and  under,  and  for  repealing  the  two  Acts  therein 
mentioned.] 

Ordered,  that  the  Honoble  John  Chambers  Esqr  do  acquaint  the  General  Assembly  that  in 
pursuance  of  the  order  of  this  House  of  the  21st  day  of  December  last,  on  the  Petition  of  sundry 
persons  praying  to  be  heard  against  the  said  Bill,  this  House  hath  appointed  that  the  Petitioners 
be  heard  by  themselves  &  Council,  before  this  House,  on  Wednesday  the  8lh  Instant  at  10  o  clock 
in  the  Forenoon. 

The  Council  adjourned  to  Saturday  the  4th  Instant  at  11  o  clock  in  the  morning. 


1758.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1319 

Saturday,  the  fourth  day  of  February,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFORD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  directed  the  Speaker  of  the  General  Assembly 
to  adjourn  that  House  until  Tuesday  the  2Sth  Instant 

The  Council  therefore  adjourned  to  Tuesday  the  twenty  eighth  of  February  Instant,  at  10 
o  clock  in  the  morning. 


[  3T.Y  .  Col.  MSS.,  LXXXV.,  82.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)    over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twenty 
eighth  day  of  February  instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I  do 
by  and  with  the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 
Tuesday  the  seventh  day  of  March,  next,  then  to  meet  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  tenth  day  of  February  1758  in  the  thirty  first  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  and  so  forth. 

JAMES  DE  LANCEY. 

By  His  Honours  Command 

Gw  BANYAR  D  Stcry. 

God  save  the  KING 


TWENTY  SEVENTH  ASSEMBLY    TENTH  SESSION 


Tuesday,  the  seventh  day  of  March,  1758. 

The  Council  having  on  the  4th  day  of  February  last  adjourned  themselves  to  Tuesday  the 
2Slb  day  of  the  same  month,  and  the  Honoble  James  De  Lancey  Esqr  His  Majesty's  Lieutenant 
Governor  and  Commander  in  Chief  in  and  over  the  Province  of  New  York,  having  by  Proclamation 


1320  Journal  of  the  Legislative  Council  of  New  York. 

dated  the  tenth  day  of  the  said  month  of  February,  further  adjourned  the  General  Assembly  to 
this  day,  then  to  meet  at  the  Outward  of  the  City  of  New  York  to  proceed  upon  Business. 

The  Council  met  accordingly  in  the  Council  Chamber  in  the  Outward  of  the  City  of  New 
York. 

PRESENT  —  The  HonoNe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Friday  next  at  3  o  clock  P.  M. 


Friday  the  tenth  day  of  March,  1758.  P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Escf,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  (the  Speaker 
leaving  the  Chair)  sent  a  Message  to  the  General  Assembly  by  the  Deputy  Secretary,  requiring 
their  immediate  attendance. 

The  House  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  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 
Copy  thereof  to  the  Speaker  of  the  General  Assembly. 

And  then  His  Honour  returned  to  his  Residence. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  His  Honour  the  Lieutenant  Governor's  Speech  be  read. 

Then  the  Speech  was  read,  and 

Ordered  to  be  entered  in  the  minutes  and  is  as  follows  viz1 

Gejidcmen  of  (he  Council  and  General  Assembly, 

His  Majesty  having  nothing  more  at  Heart,  than  to  repair  the  Losses  and  Disappointments  of 
the  last  Campaign,  and  by  the  most  vigorous  and  extensive  Efforts,  to  avert,  by  the  Blessing 
of  God  on  his  Arms,  the  Dangers  impending  on  North  America;  and  not  doubting  that  all  his 
faithful  and  brave  Subjects  there,  will  chearfully  co-operate  with,  and  second  to  the  utmost  the 
large  Expence  and  extraordinary  Succours  supplyed  by  his  Kingdom  for  their  Preservation  and 
Defence.  And  his  Majesty  considering  that  the  several  Provinces,  in  particular  from  Proximity 
and  Accessibility  of  Situation,  more  immediately  obnoxious  to  the  main  Irruptions  of  the  Enemy 
from  Canada,  are  of  themselves  well  able  to  furnish  at  least  Twenty  Thousand  Men,  to  join  a 
Body  of  the  King's  Forces  for  invading  Canada,  and  carrying  War  into  the  Heart  of  the 
Enemies  Possessions;  And  his  Majesty  not  judging  it  expedient,  to  limit  the  Zeal  and  Ardour 
of  any  of  his  Provinces,  by  making  a  Repartition  of  the  Force  to  be  raised  by  each  respectively, 
for  this  most  important  Service  :  his  Majesty's  Pleasure  hath  been  signified  to  me  by  Letter  from 
the  Right  Honoble  William  Pitt,  Esqr,  one  of  his  principal  Secretaries  of  State,  that  I  should 
recommend  to  you  in  the  most  earnest  Manner,  to  enable  me  to  raise,  with  all  possible  Dispatch, 
as  large  a  Body  of  Men  within  this  Government  as  the  Number  of  its  Inhabitants  may  allow; 
to  be  form'd  into  Regiments  as  far  as  shall  be  found  convenient ;  to  hold  themselves  in  Readiness 
as  early  as  may  be,  to  march  to  the  Rendezvous,  at  such  Place  as  Major  General  Abercrombie, 
(who  succeeds  the  R'  Honoble  the  Earl  of  Loudoun,  as  Commander  in  Chief  of  the  King's 
Forces  in  North  America,  shall  appoint  in  order  to  proceed  from  thence,  in  Conjunction 
with  a  Body  of  the  Kings  British  Forces,  and  under  the  supreme  Command  of  his  Majesty's 
Commander  in  Chief  in  America,  so  as  to  be  in  a  Situation  to  begin  the  Operations  of  the 
Campaign,  as  soon  as  may  be  any  way  practicable,  by  attempting  to  make  an  Irruption  into 
Canada. 

The  King  is  pleased  to  furnish  all  the  Men  so  raised,  with  Arms,  Ammunition,  and  Tents, 
as  well  as  to  order  Provisions  to  be  issued  for  the  same,  by  his  Majestys  Commissaries,  in  the 


1758.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1321 

same  Proportion  and  Manner,  as  is  done  to  the  Rest  of  the  King's  Forces.  A  sufficient  Train 
of  Artillery  will  also  be  provided  at  his  Majesty's  Expence,  for  the  Operations  of  the  Campaign. 
The  whole  therefore  that  his  Majesty  expects  and  requires  from  the  several  Provinces,  is  the 
levying,  cloathing,  &  Pay  of  the  Men.  And  on  these  Heads  also,  that  no  Encouragement 
may  be  wanting  to  this  great  and  salutary  Attempt,  the  King  is  further  most  graciously  pleased 
to  permit  his  Secretary  of  State  to  acquaint  me,  that  strong  Recommendations  will  be  made 
to  Parliament,  in  their  Session  next  Year,  to  grant  a  proper  Compensation  for  such  Expences 
as  above,  according  as  the  active  Vigour,  and  strenuous  Efforts  of  the  respective  Provinces,  shall 
justly  appear  to  merit. 

Similar  Orders  are  sent  to  the  Massachusets-Bay,  New  Hampshire,  Connecticut,  Rhode  Island 
and  New  Jersey;  and  the  Southern  Governments  are  also  directed  to  raise  Men  in  the  same 
Manner,  to  be  employed  in  such  offensive  Operations,  as  the  Circumstances  and  Situation  of  the 
Enemy's  Posts  in  those  Parts  may  point  out. 

Gentlemen  of  the  General  Assembly, 

When  you  consider  the  great  Expence  the  Crown  is  at  in  supporting  and  preserving  these 
Countries,  I  perswade  my  self  you  cannot  hesitate  a  Moment  in  granting  ample  and  sufficient 
Supplies  for  levying  cloathing  and  paying  as  large  a  Body  of  Men  as  the  Number  of  our 
Inhabitants  will  allow;  especially  as  these  supplies  are  so  essential  to  your  own  immediate 
Safety  and  future  Security. 

Gentlemen  of  the  Council  and  General  Assembly, 

These  Provinces,  if  they  exert  themselves  with  vigour,  are  able  to  send  into  the  Field,  such  a 
Body  of  Men  as  by  the  Blessing  of  God,  may  give  us  well  grounded  Expectations  of  Success. 
I  hope  a  Number  of  brave  Men  who  have  at  Heart  the  Honour  of  a  Brave,  and  the  best  of  Kings, 
will  voluntarily  and  chearfully  engage  in  a  Service,  on  the  Success  of  which  their  Properties, 
their  civil  and  religious  Liberties,  depend. 

The  Nature  of  the  Service  laid  before  you,  requires  the  greatest  Dispatch.  We  have  no  time 
to  lose,  as  the  Troops  ought  soon  to  be  in  Readiness.  I  therefore  expect,  that  in  Case  a  sufficient 
Number  do  not  offer  voluntarily,  you  will  forthwith  enable  me  by  an  effectual  Law,  to  complete 
the  Levies  in  due  Time.  I  see  no  other  Method  of  doing  this,  than  of  draughting  Men  from  the 
Militia. 

Gentlemen, 

I  can  add  nothing  more  to  animate  your  Zeal.  The  Dangers  impending  on  North  America: 
the  extraordinary  Succours  supplyed  by  the  Crown :  the  Losses  we  have  sustained :  the  Proximity 
and  Accessibility  of  this  Province,  more  immediately  obnoxious  to  the  main  Irruptions  of  the 
Enemy  from  Canada,  are  the  most  powerful  and  cogent  Motives,  that  can  be  suggested  to  induce 
you  to  exert  your  most  vigorous  Efforts,  on  this  truly  important  and  critical  Occasion. 

JAMES  DE  LANCEY. 
City  of  New  York, 

March  10,  1758. 

Ordered,  that  his  Honour  the  Lieutenant  Governors  Speech  be  forthwith  printed. 

Mr  Horsmanden  moved  that  an  humble  Address  be  presented  by  this  House  to  his  Honour  the 
Lieutenant  Governor  in  Answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  accordingly. 

Ordered,  that  Mr  Horsmanden,  Mr  Chambers  and  Mr  Smith  be  a  Committee  to  prepare  the 
Draught  of  the  said  Address,  and  that  they  do  prepare  and  lay  the  same  before  this  House  with 
all  convenient  speed. 

The  Council  adjourned  til  Tuesday  next  at  11  o  clock  in  the  forenoon. 

166 


1322  -Journal  of  the  Legislative  Council  of  New  York.  ["[£  saSS' 

Tuesday,  the  fourteenth  day  of  March,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono''1*  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTIIEKFUED, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Horsmanden  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to 
his  Honour  the  Lieutenant  Governor,  Read,  and  then  delivered  the  same  in  at  the  Table,  where 
the  same  was  again  read  and  being  amended,  was  agreed  to. 

Ordered,  that  the  said  Address  be  engrossed. 

The  Engrossed  Address  to  his  Honour  the  Lieutenant  Governor  was  read  and  approved  of,  and 

Ordered  to  be  signed  by  the  Speaker 

And  the  Speaker  having  signed  the  same. 

Ordered,  that  Mr  Horsmanden  and  Mr  Chambers  do  wait  on  his  Honour  the  Lieutenant 
Governor  and  desire  to  know  when  he  will  be  pleased  to  be  attended  with  the  humble  Address 
of  the  Council. 

The  said  Gentlemen  being  returned  reported  that  they  had  waited  on  his  Honour  with  the 
said  Message,  and  that  he  had  been  pleased  to  appoint  4  o  clock  this  Afternoon. 

Ordered,  that  the  Parties  who  petitioned  to  be  heard  before  this  House  against  the  Bill 
Entituled  [An  Act  to  empower  Justices  of  the  Peace  to  try  Causes  to  the  value  of  five  Pounds 
and  under,  and  for  repealing  the  two  Acts  therein  mentioned]  be  heard  on  Thursday  next  at 
1]  o'clock  in  the  Forenoon. 

The  Council  adjourned  till  4  o  clock  P.  M. 


Tuesday,  the  fourteenth  day  of  March,  1758.  P.  M. 

The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono'lle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and  with 

The  Council  went  to  present  their  Address  to  his  Honour  the  Lieutenant  Governor  and  being 
Returned  to  the  Council  Chamber 

The  Speaker  resumed  the  Cluiir,  and 

Reported  that  having  with  the  Council  attended  on,  and  read  &  presented  their  Address,  to 
his  Honour  the  Lieutenant  Governor,  His  Honour  had  been  pleased  to  return  a  favourable 
Answer  thereto  :  Which  being  read 

Ordered,  that  the  Address  and  Answer  be  entered  in  the  Minutes  which  are  as  follow  viz' 

To  the  Honoble  JAMES  DE  LANCET  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in 
Chief  in  and  over  the  Province  of  New  York  &  the  Territories  depending  thereon  in 
America 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York 

May  it  please  your  Honour, 

We  His  Majesty's  most  dutiful  &  loyal  Subjects  the  Council  of  the  Province  of  New  York 
return  your  Honour  our  hearty  Thanks  for  your  Speech. 

With  Hearts  full  of  gratitude  we  acknowledge  this  fresh  Instance  of  His  Majesty's  paternal 
Care  and  Tenderness  for  these  his  remote  Dominions;  and  beg  leave  to  assure  your  Honour, 
that  we  will,  with  the  greatest  Cliearfulness,  concur  in,  and  to  the  utmost  of  our  Power  promote 


1758.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1323 

every  measure  for  Strengthening  your  Hands,  to  enable  you  to  answer  his  Majesty's  most  just 
&  reasonable  Expectations  from  us   on  this  truely  critical  and  important  occasion. 

By  order  of  the  Council 

City  of  New  York  ARCH"  KENNEDY  Speaker 

14  March  1758. 

His  HONOUR'S  Answer. 
Gentlemen, 

I  thank  you  for  this  Address.  The  tender  concern  His  Majesty  hath  so  repeatedly  shewn  for 
his  Subjects  in  North  America,  and  the  vigorous  Measures  he  is  at  this  time  taking,  to  avert  the 
Dangers  impending  on  these  his  Dominions,  must  fill  all  our  Hearts  with  the  warmest  Returns 
of  Gratitude,  Loyalty  and  affection. 

The  Provinces  have  now  a  most  favourable  opportunity  of  checking  effectually  the  Power  of 
an  Enemy  almost  incessantly  employed  in  distressing  them.  Animated  by  a  just  resentment 
and  the  Honour  of  so  good  a  King,  I  hope  we  shall  all  exert  ourselves  to  the  utmost. 

I  shall  with  confidence,  Gentlemen,  rely  on  the  Assurances  you  give  me  on  this  great  and 
interesting  occasion. 

Fort  George  New  York  JAMES  DE  LANCEY. 

March  Utb  175S. 

Ordered,  that  the  said  Address  &  Answer  be  forthwith  printed. 
The  Council  adjourned  till  Thursday  morning  11  o  clock. 


Thursday,  the  I6'h  day  of  March,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono1'16  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOHN  RUTHERKURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqrs. 

The  Speaker  assumed  the  Chair. 

Several  of  the  Petitioners  against  the  Bill  Entituled  [An  Act  to  Empower  Justices  of  the 
Peace  to  try  Causes  to  the  value  of  five  Pounds  and  under,  and  for  repealing  the  two  Acts 
therein  mentioned]  attending  without  in  order  to  be  heard  ag-iinst  the  said  Bill  according  to 
the  order  of  this  House  on  Tuesday  last,  they  were  called  in  and  acquainted  the  House  that 
they  had  nothing  further  to  offer  than  the  Reasons  which  in  obedience  to  the  order  of  this  House 
they  had  filed  with  the  Clerk. 

Whereupon  the  Petitioners  were  directed  to  withdraw. 

And  the  said  Reasons*  being  read,  It  is 


*To  the  Honourable  the  3fe»tbers  of  His  Majesty's  Council  for  the  Province  of  N"ew  York,  convened 

as  a  Leijislatice  House. 

REASON'S  humbly  offered  to  tho  Council  against  the  Bill  intitled  An  Act  to  hnpower  Justices  of 
the  Peace  to  try  Causes  to  the  Value  of  Five  Pounds  &  under  uud  for  repealing  the  two 
Acts  therein  mentioned. 

MAY  IT  PLEASE  THIS  HONOURABLE  Hoi'SE, 

The  subscribers  being  Council  or  Attornies  at  Law  in  this  Province,  in  Compliance  with  an  Order  of  Council,  made  upon 
their  late  Petition  to  bo  heard,  against  a  Bill  passed  by  the  General  Assembly,  intitled,  "  An  Act  to  impower  Justices  of  the 
"  Peace  to  try  Causes,  to  the  Value  of  Five  Pounds  and  under,  and  for  repealing  the  two  Acts  therein  mentioned,"  humbly 
beg  Leave  to  offer  their  Reasons,  why  that  Bill  ought  not  to  bit  carried  into  a  Law, 

And  previous  thereto,  it  may  not  be  improper  to  exhibit  a  Short  Account,  of  the  present  State  of  our  Courts,  for  the 
Administration  of  Justice,  in  civil  Controversies  between  Subject  and  Subject;  since  it  may  thence  result,  that  tha 
Constitution  of  the  Province  hi  this  Respect,  is  already  properly  organized. 

The  Colony  is  divided  into  ten  Counties  ;  in  each  of  which,  the  Justices  of  the  Peace,  who  are  very  numerous-,  take 
Cognizance  of  small  Causes  to  40s.  —  In  every  County,  except  New  York,  there  is  an  inferiour  Court  of  Common  Pleas,  for 
the  Trial  of  Causes,  where  the  Matter  in  Demand  exceeds  that  Sum.  The  Terms  of  these  Courts  are  fixed  by  Ordinance 
and  revolve  twice  every  Year.  The  Jurisdiction  of  the  City  of  New  York,  extending  through  the  whole  County,  all  those 
Causes,  which  in  the  other  Counties,  would  be  within  the  Jurisdiction  of  the  Common  Pleas,  are  here  determinable  in 
the  Mayor's  Court ;  which  by  the  Terms  of  the  Charter  must  be  held  once  every  four  Weeks,  and  may  be  held  every 
Week.  There  is  also  a  Mayor's  Court  in  the  City  of  Albany,  and  another  in  the  Borough  of  Westohester  for  the  like 
purposes  ;  but  their  Respective  Jurisdictions  are  more  confined.  Superionr  to  these,  is  the  Supream  Court  of  Judicature, 
which  superintends  the  iuferiour  Courts,  and  iu  general  exercised  the  Powers  of  the  King's  Bench  and  Common  Pleas  at 


1324  Journal  of  the  Legislative  Council  of  New  York. 

Ordered,  that  the  same  be  referred  to  the  Committee  to  whom  the  Bill  is  referred. 
The  Council  adjourned  til  Saturday  Morning  Ho  clock. 

Westminster.  In  one  Respect  indeed,  its  Jurisdiction  is  more  restricted,  for  while  the  Courts  at  Westminster,  take 
Cognizance  of  all  Causes  above  40s.,  no  Suit  can  be  commenced  in  the  Supream  Court  of  this  Province,  unless  the  Matter 
in  Controversy,  exceeds  the  Sum  of  twenty  Pounds. 

The  Errors  of  the  Supream  Court  are  to  be  corrected,  according  to  one  of  the  King's  Instructions,  by  the  Governour 
and  Council ;  and  from  them  the  Subject  may  appeal  to  his  majesty  in  privy  Council. 

The  Fees  of  all  these,  except  the  Justice's  Court  have  been  established,  by  Ordinance  of  the  Governour  with  the  advice 
of  the  Council. 

This  Subordination  of  the  Common  Law  Courts,  has  subsisted  for  many  years  past.  To  these  the  Subject  has  at  all 
Times  had  Recourse  for  Redress  ;  and  we  venture  to  affirm,  that  the  Practice  of  the  Law  in  this  Province,  is  more 
conformable  to  the  Course  of  Practice  in  England,  than  in  any  other  of  his  Majesty s  Colonies  upon  this  Continent;  and 
what  Honour  that  Profession  has  hitherto  supported  amongst  us,  the  Majority  of  this  Honourable  House,  want  not 
Opportunities  to  know. 

Thus  much  being  premised,  it  plainly  appears  that  the  Bill  in  Question,  seems  calculated  to  contract  the  Business  of  the 
County  Courts,  by  extending  the  Jurisdiction  of  a  single  Justice ;  and  of  consequence,  since  the  Writ  of  Certiorari  is  not 
taken  away,  to  increase  the  Practice  of  the  Supream  Court  of  Judicature,  the  ignorant  and  partial  Decisions  of  the  Inferiour 
Judicatories,  intended  to  be  establish!  by  the  Bill,  rendering  the  Use  of  that  Writ,  extreamly  frequent ;  whence  it  is 
conjectured,  that  as  the  Fees  of  that  Court,  much  exceed  those  of  the  Common  Pleas  of  the  Counties,  this  Bill,  should 
it  pass  into  a  Law,  would  rather  tend  to  the  private  Gain,  than  the  Disadvantage  of  the  Prnctisers  of  the  Law.  This 
we  thought  proper  to  observe,  in  Answer  to  an  Opinion,  recieved  or  at  least  pretended  by  some  without  Doors,  that  our 
Opposition  to  this  Bill  originates  from  self  Interested  Views  ;  tho  we  humbly  presume,  the  Members  of  this  Honourable 
House,  who  are  better  acquainted  with  the  Profession,  will  see  the  Supposition  to  be  injurious  and  groundless.  Of  the 
Scope  and  Tendency  of  the  Bill  none  can  be  such  competent  Judges,  as  those  whose  Profession  leads  them  to  a  more 
intimate  Knowledge  of  the  Law  ;  and  it  was  therefore  natural,  if  this  Bill  was  subject  to  Objection,  to  expect  the 
Opposition  would  begin  with  us. 

Having  thus  prepared  the  Way,  we  proceed  now  to  assign  the  particular  Reasons,  why  it  ought  not  to  be  carried  into  a 
Law. 

First,  This  Bill  is  subversive  of  the  Course  and  Order  of  the  Common  Law  of  England,  in  Trials  by  a  Jury  of  twelve 
men,  with  the  Assistance  and  under  the  Inspection  of  a  Court  of  Law.  The  common  Law  is  the  best  Inheritance  that 
English  men  have  derived  from  their  Ancestors.  It  is  a  political  Fabrick  raised  upon  the  Experience  of  Ages,  with  such 
an  intimate  Connection  and  Correspondency  of  its  Parts,  that  the  least  Alteration  in  either,  must  necessarily  injure  and 
debilitate  the  whole  Frame  ;  and  therefore  no  Innovations  onglit  even  to  be  attempted,  in  the  Courts  of  Justice,  but  for 
the  most  weighty  Reasons  ;  and  we  have  heard  none  such  offered  in  favour  of  the  Bill  in  question. 

Secondly.  If  an  Investiture  of  the  Justices  of  the  Peace,  with  so  great  a  power  as  is  given  by  this  Bill,  would 
notwithstanding  all  objections,  be  ultimately  advantageous  to  the  Pnblick,  it  is  very  probable  it  would  have  long  ago 
obtained  in  England,  it  appearing  to  us,  that  such  a  Bill  would  for  the  Reason  next  assigned,  be  less  prejudicial  there  than 
in  this  Province  ;  but  since  Justices  in  England  have  no  such  power,  as  is  intended  to  be  given  by  this  Bill,  we  conclude 
that  the  Wisdom  of  the  Nation,  is  against  reposing  so  great  a  Trust  in  a  single  Justice  of  the  Peace ;  and  their  example 
appears  to  us  Worthy  of  our  Imitation;  the  rather  since  His  Majesty  by  his  Instructions,  has  been  pleased  to  direct  his 
Governours,  "  to  take  Care  that  no  man's  Life,  Member,  Freehold  or  Goods  be  taken  away  or  harmtd,  otherwise  than  bv 
"  established  and  known  Laws,  not  repugnant,  but  as  much  as  may  be  agreeable  to  the  Laws  of  the  Kingdom  of  England." 

Thirdly.  If  such  a  Law  as  this,  was  never  thought  proper  in  our  Mother  Country,  it  would  in  many  Respects  be  much 
more  unsuitable  for  us.  There,  Justices  of  the  Peace  are  generally  Gentlemen  of  Rank,  Education  and  Estates  ;  but 
Persons  in  the  same  Office  here,  are  for  the  most  part,  men  of  mean  Ocupations,  ignorant  and  often  indigent  even  to 
Necessity,  and  of  Consequence  more  exposed  in  their  Decisions,  to  be  influenced  by  sordid  Attachments  and  Corruption  ; 
and  through  Want  of  Knowledge,  to  inevitable  Error,  mischievous  to  the  Suitors  and  dishonourable  to  the  Government. 
Ignorance  and  Corruption  are  two  Sluices,  that  will  let  in  an  Inundation  of  complicated  Evils  upon  the  Community  ;  and 
it  does  not  appear  to  us,  to  be  very  easy  to  prevent  them,  if  the  Power  of  the  Justices  is  enlarged,  as  by  this  Bill  is 
proposed. 

The  Country  still  labours  so  much  under  the  Disadvantages  of  its  Infancy,  and  so  general  has  been  our  Neglect  of  the 
means  of  Education,  that  there  have  been  Persons  in  the  Commission  of  the  Peace,  who  were  so  poor  as  not  to  have  a 
Freehold,  and  so  ignorant  as  to  be  unable  to  write  their  own  names  or  even  to  ivad.  Instances  of  this  Kind,  have  been 
so  recent,  that  the  present  General  Assembly  esteemed  them  a  proper  Subject  of  publick  Complaint,  and  in  their  Address 
to  his  Honour  the  Lieu*  Governour  in  November  1753,  take  Notice  that  there  were  "  Judges  and  Justices  of  known  ill 
"  Characters  and  extream  Ignorance,  and  others  so  shamefully  illiterate,  as  to  be  unable  to  write  their  own  Names,  from 
"  whence  (they  add)  we  greatly  fear,  that  Justice  has  in  manv  Cases,  been  partially  or  very  unduely  administered." 

We  do  not  take  upon  us  to  say,  that  the  same  Cause  of  Complaint  still  subsists,  nor  is  it  our  Province  to  make  the 
Inquiry  ;  but  we  can  ailirm  with  great  safety  from  our  own  Experience,  that  verv  few  Justices,  even  among  those  who 
understand  the  English  Language,  are  qualified  with  sufficient  Knowledge,  deccrncre  per  Lcgcm  quid  sit  Juslum  ;  not  to 
forget,  that  in  several  counties  the  English  Tongue  is  so  little  spoken,  that  it  is  difficult  to  find  Justices  of  the  Peace,  able 
to  copy  a  Warrant  for  apprehending  a  Felon,  and  much  less  to  preside  as  a  Judge  of  Law. 

This  being  the  true  State  of  Things,  how  evident  is  it  in  Theory,  that  such  a  Law  as  the  Bill  in  Question,  must  be 
productive  of  Determinations,  either  influenced  by  Partiality  or  injurious  thi6  the  Ignorance  of  the  Dispenser.  Add  to 
this  undeniable  Experience,  which  while  a  similar  Law  was  in  Force,  every  day  furnished  actual  Proofs,  of  what  might 
have  been  foreseen  in  Speculation.  How  many  are  the  Complaints,  against  the  Judgments  of  the  Justices  ?  How  often 
has  the  Supream  Court,  been  applied  to  for  Redress,  by  Attachments,  Writ  of  certiorari,  &  Rules  to  shew  Cause  &c. ;  not 
to  mention  what  is  extreamly  probable,  that  many  other  Complaints,  have  never  been  publicly  moved,  but  permitted  to 
die  unheared,  through  the  Poverty  of  the  Sufferer. 

Fourthly.  This  Bill  tends  to  excite  a  litigious  Spirit,  render  the  Course  of  Justice  more  dilatory  and  expensive  & 
iucourage  Oppression.  For  upon  the  Hypothesis,  that  the  Justices  in  general,  are  extreamly  unlit  for  the  due  discharge  of 
their  offices,  and  are  like  through  the  immature  State  of  the  Country,  long  to  continue  so,  many  of  their  Judgments  will 
be  inevitably  partial  or  erroneous  ;  and  when  ever  the  injured  Party  happens  to  be  a  man  of  Spirit  and  Fortune,  no  Expence 
will  prevent  his  Application  for  Redress,  and  that  must  be  always  to  the  Supream  Court,  where  the  Solemnity  and  Nature 
of  the  Proceedings,  require  more  Time  and  expence.  How  often  these  Applications  will  be  made,  is  submitted  to  the 
Judgment  of  any  man,  acquainted  with  the  Spirit  of  a  free  People,  and  that  natural  Prejudice  so  common  to  us,  in  every 
Transaction  in  which  our  own  Interest  is  concerned.  Few  Persons  who  have  Estates  sufficient  to  redress  themselves, 
will  set  down  condemned  by  a  Decision,  which  they  conceive  to  be  unjust,  without  making  some  effort  for  relief.  And 
such  being  the  known  Temper  of  Mankind,  it  is  easy  to  conceive  that  a  weak  Justice,  will  pay  more  Regard  to  the  Causo 
of  the  Rich  than  the  Poor,  since  the  narrow  Circumstances  of  the  latter,  will  compel  him  to  put  up  with  the  first  Judgment, 
to  prevent  an  Increase  of  Charge,  there  being  no  costs  recoverable,  should  he  prevail  in  an  Application  to  the  Supream 
Court. 

Whence  it  appears,  that  this  Bill  will  promote  Oppression  by  concealing  it,  and  that  too  the  worst  sort  of  Oppression 
the  Oppression  of  the  Poor.  And  that  such  will  be  the  consequences  of  this  Bill,  if  enacted  into  a  Law,  we  are  the  more 
incbned  to  believe,  because  while  the  late  Five  pound  Act  was  in  force,  we  remember  many  Instances  of  injurious  Decisions, 
which  were  suffered  to  pass  unnoticed,  merely  because  they  could  not  be  reversed,  without  so  great  an  Increase  of  Expenco 
to  the  Party  applying  for  the  same,  as  must  necessarily  render  the  Remedy  worse  than  the  Disease. 


1758.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1325 

Saturday,  the  eighteenth  day  of  March,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Ho?wlle  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOHN  RUTHEUFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Col.  Mathews,  with  the  Bill  Entituled 
[An  Act  to  prevent  the  bringing  in  and  spreading  of  infectious  Distempers  in  this  Colony] 
desiring  the  concurrence  of  the  Council  thereto. 


Fifthly.  This  Bill  in  confining  the  Distribution  of  Justice  to  private  Houses,  Dram  Shops,  and  obscure  Corners  at  the 
Discretion  of  the  Justice,  is  repugnant  to  the  Wisdom  of  the  Common  Law,  and  the  Spirit  of  the  great  Charter;  & 
evidently  tends  to  incourage  Idleness,  Drunkenness  and  public  Disorder.  The  Bill,  indeed,  restrains  a  Tavern-keeping 
Justice,  from  holding  a  Court  at  liis  own  House  (which  by  the  way  confirms  what  we  have  already  said,  to  shew  that  the 
keeping  of  the  King's  Peace,  is  committed  to  men  of  the  lowest  Occupations)  but  yet,  what  hinders  him  from  convening 
the  Parties  at  that  of  a  Brother  Justice  or  any  other  Tavern  ?  and  while  the  late  Five  pound  Act  subsisted,  were  not  those 
little  Courts  most  frequently  held  in  Taverns  ?  At  some  of  these  Trials  fifty  men,  either  as  Parties,  Jurors,  Witnesses  or 
Spectators  have  been  collected.  These  Meetings  too,  have  been  frequent  about  the  same  Matter,  the  Justice  having  Power 
to  adjourn  at  his  Pleasure.  And  how  often  these  petty  Courts  have  ended  in  Drunkenness,  Revels,  Games  and  Horse 
races,  Tumults,  Quarrels  and  Breaches  of  the  Peace,  we  must  submit  to  the  Knowledge,  even  of  several  Members  of  this 
Honourable  House. 

Sixthly.  lu  such  Disorderly  Conventions  as  these,  there  is  no  Solemnity,  no  Awe;  all  is  Noise  and  Confusion,  Passion, 
Party  spirit  and  Rage.  Can  we  therefore  be  at  a  Loss,  for  the  Cause  of  the  Instances  we  have  even  in  our  most  regular 
Courts  of  frequent  Perjuries  ;  which  are  the  Affliction  and  Complaint  of  all  good  men.  We  are  confident  that  the  Justices 
Courts,  are  the  Schools  which  have  given  a  Spread,  to  this  dangerous  and  most  infamous  Vice.  It  is  notorious  that  the 
Parties  are  admitted  by  the  Justices,  to  swear  in  their  own  Causes  ;  and  as  there  is  no  Solemnity  in  their  Proceedings,  it 
is  almost  impossible  to  convict  the  Offender  against  the  Sacred  Laws  of  Truth ;  and  hence  the  Progress  of  a  Vice  which 
dissolves  the  Bands  of  society,  is  a  high  handed  affront  to  the  Majesty  of  Heaven,  and  renders  Liberty,  Property  and  Life 
it  self  insecure. 

Seventhly.  All  those  Corporations  and  public  Bodies,  which  are  impowered  by  Charter,  to  hold  Courts  of  Record  in 
Causes  above  forty  Shillings  will  be  prejudiced  by  this  Bill,  and  the  munificent  Designs  of  the  Crown  in  the  Grant  of  those 
Franchises  be  consequently  subverted  ;  and  as  the  Charter  of  the  City  of  New  York  in  particular,  stands  confirmed  by 
an  Act  of  Assembly,  we  humbly  submit  it  to  the  Consideration  of  this  House,  whether  this  Bill  can  be  passed,  containing 
an  implicative  Repeal,  consistant  neither  with  the  Maxims  of  sound  Policy,  which  require  that  all  Laws  ought  to  be  plain 
and  express  ;  or  even  with  His  Majestys  Instructions,  which  require,  that  the  Title  of  every  Bill  shall  plainly  express  its 
full  Scope  "  and  that  no  Act  whatsoever  be  suspended,  altered,  revived,  confirmed  or  repealed  by  general  Words,  but  that 
"  the  Title  and  Date  of  such  Act  so  suspended,  altered,  revived,  confirmed  or  repealed  be  particularly  mentioned  or 
"expressed." 

Eighthly.  This  Bill  appears  to  us,  not  only  repugnant  to  His  Majesty's  Pleasure  signified  by  his  Instructions,  but 
tending  to  weaken  the  Interest  and  Influence  of  the  Crown.  For  as  the  Officers  of  all  the  inferiour  Courts,  Judges,  Clerks, 
Sheriffs  £c  hold  their  Places  by  Patent,  &  receive  Fees  as  established  by  Ordinance  of  the  Governor  and  Council,  it  is 


isors,  out  pioeeeuing  iroiu  me  legal  i  ix'iogauves  01  me  ^rowu,  as  inucn  a  pan  01  tneir  rotates  as  tneir  .Lands  or 
liattels  ;  and  are  therefore  such  Enjoyments,  as  it  would  be  highly  unjust  to  deprive  them  of,  without  the  most  cogent 
easons,  by  any  Law  subsequent  to  their  Patents.  And  perhaps  no  Reason,  even  in  Cases  of  the  most  urgent  necessity, 
.11  be  assigned,  to  deprive  the  subject  of  Part  of  His  Estate,  without  recompensing  him  for  his  Loss ;  and  herein  we 


tend! 

Sin 

plain,   that  any  Abridgment  of  the  Business  of  these  Courts  will  affect  those  Officers,  which  becoming  less  valuable,  the 

Power  of  the  Crown  over  all  its  immediate  Dependants  in  those  Courts,  must  be  proportionably  abated. 

Ninthly.  With  the  last  Reason,  another  is  inseperably  connected,  shewing  this  Bill  to  be  repugnant  to  the  Principles 
of  natural  Justice,  as  it  will  depreciate  those  Offices,  which  are  not  only  Instances  of  the  Royal  munificence  to  their 
Possessors,  but  proceeding  from  the  legal  Prerogatives  of  the  Crown,  as  much  a  part  of  their  Estates  as  their  Lauds  or 
Chattels  ;  and  an;  therefore 
Reosc 
can 

have  the  Honour  to  agree,  with  the  present  General  Assembly,  who  on  the  18  of  February  1757,  in  answer  to  a  Speech  of 
Sir  Charles  Hardy,  the  late  Governor,  respecting  the  vacating  of  sundry  Patents  of  large  unimproved  Tracts,  on  the  northern 
Frontiers  of  this  Province,  were  pleased  to  express  themselves  in  these  words,  '•  Your  Excellency  upon  Enquiry  will  find, 
"that  the  Proprietors  have  paid  very  considerable  Sums  of  Money  ;  first  to  the  Natives  for  their  Rights  ;  afterwards  to 
"  the  Governors  and  Officers  of  Government  for  Fees  attending  the  Patents,  frequently  as  much  as  the  Lands  were  wortli ; 
"  And  to  deprive  these  People  of  their  Possessions,  WITHOUT  A  CONSIDERATION,  would  be  construed  a  proceeding 
"  HARSH  and  DANGEROUS."  And  that  no  Patentee  ought  to  be  prejudiced,  by  an  Expost  Facto  Act,  is  not  only 
agreeable,  to  the  Sentiments  of  the  General  Assembly  of  this  Colony,  but  also  conformable  to  those  of  the  Parliament  of 
Great  Britain  ;  for  it  is  observable,  that  in  two  late  Statutes,  passed  in  the  23J  year  of  the  present  King's  Reign,  for  the 
more  easy  Recovery  of  Debts  of  40s.  and  under,  within  the  Liberty  of  Westminster,  Dutchy  of  Lancaster  and  Tower 
Hamlets,  in  Consequence  of  which,  the  Fees  of  certain  Officers  wou'd  be  reduced,  provision  is  made  by  express  Clauses, 
to  recompence  them  for  their  Losses,  by  pecuniary  Payments  during  Life. 

Tcnthly.  The  Depreciation  of  those  Offices,  will  bo  not  less  injurious  to  the  Patentees,  than  detrimental  to  the  Publick, 
by  rendering  the  County  Courts,  less  Capable  of  the  Due  Administration  of  Justice.  The  Clerkships  of  those  Courts 
being  at  present,  for  the  most  part  exercised  by  Gentlemen  in  the  Law,  their  Opinions,  seasonably  interposed,  as  Amici 
Curia;,  not  only  tend  to  prevent  Barbarism,  but  Injustice  ;  and  their  Assistances  by  removing  Doubts  will  also  render  the 
Course  of  Justice,  more  regular  and  dispatchful ;  but  should  the  present  Bill  take  Place,  the  Fees  of  those  Officers,  will 
will  be  so  unequal  to  the  Trouble  of  them,  that  no  man  of  Skill,  Spirit  and  Education,  will  submit  to  that  unprofitable 
Drudgery.  And  hence  a  Door  will  be  opened,  for  the  Introduction  of  such  mean  and  ignorant  Officers,  as  will  weaken 
the  Security  of  the  Subject,  injure  the  Prerogative,  and  dishonour  the  Government. 

Eleventhly.  The  Law  is  a  Science  which  by  its  particularity,  is  become  so  vastly  extensive,  that  a  long  and  various 
Train  of  Practice,  is  necessary  to  qualify  a  man  to  appear  in  it,  with  Honour  to  himself,  or  Safety  to  his  Clyent.  The 
County  Courts  have  been  the  common  School,  in  which  young  Gentlemen  have  made  their  first  Essays,  and  prepared 
themselves  for  Business  of  greater  Importance  in  the  Superior  Courts.  —  If  the  Publick  therefore  is  concerned  in  the 
Abilities  of  the  Professors  of  the  Law,  and  the  County  Courts  tend  to  encourage  the  Y'oung  Practisers,  and  perfect  them 
for  Management  of  Causes  of  Moment  in  the  Supream  Court,  we  assure  ourselves  that  this  House,  will  not  consent  to  a 


1326  Journal  of  the  Legislative  Council  of  New  York.  [lot'laSi 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Vanderveer  and  Captain  Winne  with  the  Bill 
Entituled,  An  Act  to  raise,  levy  and  collect  a  sum  not  exceeding  the  sum  of  five  hundred  Pounds 
in  Kings  County  towards  building  a  new  Court  House  and  Goal  in  said  County]  Desiring  tha 
concurrence  of  the  council  thereto. 


Bill,  which  by  abridging  the  Business  of  the  Common  Pleas,  opens  a  door  for  the  Introduction  of  Ignorant  Pretenders, 
into  the  most  important  :ind  supreme  Judicatories,  to  the  Disgrace  of  the  Profession  and  the  pnblick  Detriment. 

Twclfthly.  Not  to  repeat  what  has  already  been  olfered,  to  shew  that  this  Bill  naturally  tends  to  debauch  the  manners 
of  the  People,  we  caunot  help  taking  a  more  particular  Notice,  ot  its  Tendency  to  encourage  Idleness,  or  an  unnecessary 
Consumption  of  Time  ;  which  we  humbly  conceive,  is  an  unanswerable  Objection  to  the  Bill,  now  under  the  Consideration 
of  this  Honourable  House,  for  should  it  pass  into  a  Law,  the  County  Courts  must  nevertheless  be  kept  up.  These,  as  we 
observed  before,  are  held  twice  every  year,  and  set  ordinarily  from  Tuesday  to  Friday  of  the  same  Week.  The  necessary 
Attendants  at  these  Terms,  consisting  of  the  Court  Officers,  2-1  Grand  Jurors,  and  48  petty  Jurors,  with  the  Suitors  and 
Witnesses,  commonly  amount  to  about  an  hundred  Persons,  assembled  at  two  of  the  most  leisurely  Times  in  the  year ; 
whence  it  appears,  that  the  loss  at  present  by  tho  inferiour  Courts  is  in  each  County,  that  of  the  Labour  of  One  hundred 
men  almost  eight  days  in  the  year ;  But  how  much  more  Time  will  be  necessarily  consumed  by  the  petty  Judicatories, 
intended  to  be  established  by  this  Hill,  is  hard  to  determine.  It  is  plain  be  it  what  it  will,  it  is  all  in  Addition  to  what  is 
already  created,  by  attending  on  the  Inferiour  Courts.  And  that  it  will  become  so  considerable,  as  well  to  deserve  the 
Consideration  of  the  Legislature,  no  man  can  doubt,  who  has  in  the  least  Degree  attended  to  the  Consequences  of  the  late 
five  Pound  Act,  when  there  scarce  passed  a  day  without  a  Tryal  before  a  Justice,  in  some  Part  of  every  County  in  tho 
Province ;  not  to  mention  that  some  of  us,  have  heard  a  Justice  declare  upon  his  Oath,  that  himself  had  no  less  than 
sixty  Causes  under  Consideration  at  a  time  ;  how  equitable  these  confused  Decisions  were,  is  not  our  Business  now  to 
enquire.  But  suppose,  what  is  by  no  means  improbable,  that  a  Justice's  Court  will  ordinarily  convene  twenty  men  (tho 
twice  that  Number  are  more  frequently  assembled  on  those  Occasions)  and  admitting  there  are  annually  but  forty  of  these 
Conventions  in  each  County  (a  Number  very  small,  and  we  are  convinced  less  than  is  consistent  with  the  Truth)  those 
multiplied  by  nine,  the  Number  of  the  Counties,  it  thence  results  that  above  seven  Thousand  men  in  the  Compass  of  a 
year  (exclusive  of  the  City  and  County  of  New  York),  will  be  drawn  oil'  from  their  Employments  to  attend  the  little 
Judicatories  designed  to  be  established  by  this  Bill.  A  prodigious  Loss  this  to  the  Publick !  A  Day  misspent  is  lost 
forever.  The  Labour  of  the  People  is  the  Riches  of  a  State  ;  and  every  wise  Legislator  will  incourage  it,  especially  in  a 
new  Country,  where  the  Number  of  Inhabitants  bears  scarce  any  Proportion  to  the  Territory  they  possess. 

Thirteentlily,  We  cannot  but  think  the  Bill  very  unjust,  in  the  apparent  inequality  and  different  Measures  of  Justice, 
which  it  directs  between  one  that  is  a  Freeholder  &  one  that  is  not,  to  wit,  in  allowing  the  former  forty  Days  from  the 
Judgment  to  pay  the  Debt,  before  Execution  is  to  be  awarded ;  while  the  other,  is  immediately  subjected  to  an  Execution 
against  his  Goods,  and  for  want  of  effects,  to  have  his  Body  taken  into  Custody.  This  appears  to  us,  as  tending  to  distress 
the  poorer  Sort,  by  giving  them  no  Respite,  and  allowing  the  richer  an  unreasonable  Time  to  keep  the  Creditor  from  the 
Benefit  of  his  Recovery.  It  looks  in  short  like  saying,  that  he  who  can  pay  his  Debts  immediately,  shall  have  forty  days 
to  do  it,  but  he  who  cannot  pay  it  at  all  shall  do  it  immediately,  or  go  to  Goal.  Whereas  as  the  Law  now  stands,  if  one 
of  Ability  is  prosecuted  for  a  small  Debt,  he  will  discharge  it  for  his  own  interest  to  prevent  the  Increase  of  Costs,  whilo 
the  indigent  have  by  the  Course  of  the  Courts,  sufficient  Time  to  earn  or  raise  money  to  satisfy  a  Plaintiff,  and  that  with 
but  a  small  Addition  of  Expence;  the  Fees  as  this  Honourable  House  well  knows,  in  the  Common  Pleas,  being  very 
inconsiderable,  and  for  the  first  Vacation,  which  includes  the  Space  of  six  Months,  inferiour  even  to  those,  prescribed  by 
the  Bill  in  Suits  before  a  Justice.  This  Bill  appears  to  us  also  unreasonable,  in  its  Extent  to  Actions  of  Assault  and 
Battery  sounding  entirely  in  Damages,  the  Bill  giving  a  Jurisdiction  to  Justices  in  such  Causes,  and  enjoyning  that  unless  the 
Plaintiff  will  swear  he  has  sustained  Damages  to  five  pounds,  and  should  obtain  a  Verdict  for  Less,  "he  shall  in  that  Case 
pay  his  own  Costs  ;  For  as  the  Damages  in  this  Suit  depends  much  upon  the  Rank  of  the  Person  injured,  &  it  is  difficult 
for  any  man  to  ascertain  his  Damages  by  Oath,  it  follows  that  he  is  reduced  to  the  Dilemma,  either  of  rating  the  Injury  at 
£5,  and  resorting  to  a  Justice  for  redress  ;  or  if  prosecuting  the  Offender  in  the  Supivam  Court,  at  the  great  Risque  of 
punishing  himself  more  than  the  Agressor ;  and  this  will  be  the  hard  Case,  of  every  man  in  the  Province,  whatever  may 
be  his  Agu,  Rank  or  Office  ;  so  that  great  Encouragement  will  be  given  to  private  Revenge  and  Breach  of  the  Peace  ;  for 
the  Number  of  Offences,  will  probably  be  in  Proportion  to  the  Difficulty  of  punishing  the  Offender,  and  the  Lowness  of 
the  Damages  recoverable  for  the  Transgression.  And  in  this  Respect  also  the  Bill  will  not  only  alter  the  common  Law, 
but  abridge  the  Jurisdiction  of  the  Supream  Court.  And  under  this  Head,  we  also  beg  Leave  to  observe,  the  extream 
Hardship  that  is  imposed  by  this  Bill  upon  the  Sheriffs,  who  are  made  responsible  for  the  safe  Custody  of  all  Prisoners, 
who  are  committed  by  the  Justices  in  Civil  Causes,  without  the  least  Recompense  lor  their  Trouble  and  Risque. 

Lastly.  On  the  whole  therefore  wo  humbly  conceive,  that  the  antient  Establishment  and  Subordination  of  Courts  in 
this  Province,  is  well  calculated  to  give  a  free  Course  to  the  Dispensation  of  Justice,  and  requires  no  Innovation  :  That 
the  Bill  in  Question  is  subversive  of  the  Common  Law,  and  repugnant  to  the  Wisdom  of  the  English  Nation,  That 
Justices  of  the  Peace  ought  not  to  be  trusted  with  the  Powers  specified  in  this  Bill. — That  it  will  introduce  Barbarism, 
promote  Injustice,  and  bring  Dishonour  upon  the  Government. — That  it  will  multiply  Law  Suits,  and  render  them 
dilatory  and  expensive,  oppress  the  Poor  and  conceal  Oppression. — That  it  will  tend  too  much,  to  divert  the  People  from 
their  Ordinary  Employments,  debauch  their  Morals,  encourage  Idleness,  and  provoke  to  the  Breach  of  the  King's  Peace. 
That  it  will  establish  a  School  for  the  propagation  of  Perjury,  injure  the  Rights  of  publick  Corporations  and  private 
Patentees,  oppose  the  munificence  of  the  Crown  and  weaken  its  Influence.  That  it  is,  in  sundry  Instances,  contrary  to 
His  Majesty's  Instructions,  and  will  be  extreamly  detrimental  to  the  Safety,  Peace  and  Prosperity  of  the  Colony. 
All  which  is  nevertheless  most  humbly  submitted,  to  the  great  Wisdom  of  the  Members  of  this  Honourable  House, 

By  their  most  dutiful  and  most 

Obedient  Servants, 

New  York  23'1  Jany  M  :  LODGE 

1758.  B  :  NICOLLS 

JN°  :  ALSOP 
WM  SMITH  JI-N. 
W1IITEHKAD  111CKS 
RICH1'  SNKDKKlill 
THOMAS  JONES. 
JOHN  V.  CORTLANDT 
W1L  :   LIVINGSTON 
BKNJ:   KISSAM 
JAMES  EMOTT 
.TA*  DUANE 
JN°  MOR1N  SCOTT 
AUGT  V.  CORTLANDT 
LAMBT  MOORE 


1758.]  The  Hon.  James  DC  Lancey,  Rsq:  Lieut.  Governor  1327 


Ordered,  that  the  said  Bill  be  read. 

Tiien  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 


Monday,  the  twentieth  day  of  March,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono'jle  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  empower  Justices  of  the  Peace  to  try  Causes  to  the  Value  of  five  Pounds  and  under,  and 
for  repealing  the  two  Acts  therein  mentioned]  And  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  made  several  amendments  thereto  which  he 
read  in  iiis  place,  and  then  delivered  the  Bill  with  the  amendments  in  at  the  Table  when  the 
amendments  were  again  read,  and  being  agreed  to 

Ordered  that  the  amendments  be  engrossed. 

And  the  amendments  being  engrossed 

Ordered  that  the  snid  Bill  be  read  the  third  time  as  amended. 

Mr.  Rutherfurd  withdrew. 

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  Mr  Chambers  do  carry  the  Bill  back  to  the  General  Assembly  with  the 
amendments  made  thereto  by  the  Council  and  acquaint  them  that  the  Council  have  passed  the 
said  Bill  with  those  amendments  to  which  they  desire  the  Concurrence  of  that  House. 

Mr  Smith  dissented  to  the  passing  the  said  Bill  and  his  Dissent  is  entered  accordingly  with 
leave  to  enter  his  Reasons. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  prevent  the  bringing  in  and  spreading  of 
Infectious  Distempers  in  this  Colony]  And 

The  Bill  Entituled  [An  Act  to  raise  levy  and  collect  a  sum  not  exceeding  the  sum  of  five 
hundred  pounds  in  Kings  County  towards  building  a  New  Court  House  and  Goal  in  said 
County]  Be  now  read  the  second  time. 

Then  the  said  two  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  til  to  Morrow  Morning  11  o  clock. 


Tuesday,  the  twenty  first  day  of  March,  1758. 

The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolle  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Capt"  Winne  and  Mr  Rensselaer  with  the  Bill 
Entituled  [An  Act  for  raising  by  a  publick  Lottery  the  Sum  of  One  thousand  one  hundred  and 
twenty  five  Pounds  for  the  use  of  the  Corporation  of  the  City  of  Albany]  desiring  the 
Concurrence  of  the  Council  thereto. 


1328  Journal  of  the  Legislative  Council  of  New  York. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

Tbe  Council  adjourned  till  4  o  clock  Post  Meridiem. 


Tuesday,  the  twenty  first  day  of  March,  1758    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  entitituled  [An  Act  for  rinsing  by  a  publick  Lottery  the  sum  of  one 
thousand  one  hundred  and  twenty  five  pounds  for  tlie  use  of  the  Corporation  of  the  City  of 
Albany]  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  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  the  bringing  in  and  spreading  of  Infectious  Distempers  in  this  Colony]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  Bill  &  made  an  amendment  thereto,  which  he  read  in  his 
place  and  then  delivered  the  Bill  with  the  amendment  in  at  the  Table  where  the  amendment 
was  again  read  and  being  agreed  to,  was 

Ordered  to  be  engrossed,  and  the  amendment  being  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  as  amended  do  pass. 

Ordered,  that  Mr  Horsmanden  do  carry  the  Bill  back  to  the  General  Assembly  with  the 
amendment  made  thereto  by  the  Council  and  acquaint  them  that  the  Council  have  passed  the 
Bill  with  the  said  Amendment  to  which  they  desire  the  concurrence  of  that  House. 

The  Council  adjourned  til  to  morrow  morning  Ho  clock. 


Wednesday,  the  22d  day  of  March,  1758. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honob'e  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Smith  delivered  in  his  Reasons  for  his  Dissent  to  the  Bill  entituled  [An  Act  to  empower 
Justices  of  the  Peace  to  try  Causes  to  the  value  of  five  pounds  and  under  and  for  repealing  the 
two  Acts  therein  mentioned]  which  were  read  and  are  as  follow  : 

THE  Petitioners  against  this  Bill  having  filed  their  Reasons  in  support  of  their  Petition  with 
the  Clerk  of  this  House,  and  this  House  having  ordered  them  to  be  read,  I  find  it  my  Duty  with 
Regard  to  His  Majesty's  Honour  &  Interest,  and  the  Welfare  and  Prosperity  of  this  Province, 
to  add  my  Reasons  for  my  Dissent  to  the  passing  it  into  a  Law. 

And  here  I  would  observe  generally,  that  in  my  humble  opinion  the  Reasons  offered  by  the 
Petitioners  do  in  substance  well  support  the  allegations  contained  in  their  Petition  :  But  the 
Reasons  that  principally  determine  me  in  this  important  point,  are  these  following  viz1 

1"  It  seems  to  me  from  long  experience  and  an  intimate  knowledge  of  the  state  of  this 
Province,  that  above  three  fourths  of  the  Causes  in  Number,  and  nearly  the  one  half  of  their 


1758.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1329 

Amount  in  value  which  have  been  controverted  in  our  Courts,  do  not  exceed  severally  the 
Demand  of  more  than  five  pounds,  tho  Precision  in  this  Comparison  cannot  be  pretended,  and 
in  stated  Periods  upon  a  strict  Computation  the  Diversity  may  probably  be  found  very 
considerable:  However  it  is  very  certain  that  the  present  Bill  is  intended  to  alter  the  Method  of 
Trial  established  by  the  Common  Law,  and  to  lessen  the  security  of  the  Subject  as  to  his 
Liberty  and  Property  in  all  Causes  wherein  the  Matter  in  demand  does  not  exceed  five  Pounds. 
This  appears  to  me  to  be  very  prejudicial  to  the  native  Rights  of  British  Subjects,  founded  in 
the  Common  Law,  and  confirmed  by  the  Great  Charter,  and  respected  by  his  most  gracious 
Majesty  in  his  Instructions  to  his  Governors,  as  the  Petitioners  have  observed. 

2dly  I  do  not  find  any  general  Law  of  England  that  has  ever  given  to  the  Justices  of  the 
Peace,  the  Power  of  Jurisdiction  in  all  causes  where  the  matter  in  demand  amounts  to  five 
Pounds  ;  and  to  attempt  an  Act  in  this  Infant  Colony,  derogatory  to  the  Common  Law,  and  not 
warranted  by  the  wisdom  of  the  British  Legislature,  appears  to  me  a  dangerous  Innovation. 

3dly  What  extremely  aggravates  the  Mischief  that  will  attend  the  passing  this  Bill  into  a  Law, 
is,  that  it  gives  a  Jurisdiction  to  all  the  Justices  in  the  Counties  without  any  distinction  ;  and 
I  know  no  Reason  to  differ  from  the  present  Assembly,  who  on  the  sixth  of  November  1753  in 
their  Address  to  his  Honour  the  present  Lieutenant  Governor  "  Complain  that  thire  were  Judges 
and  Justices  then  in  Commission  oj  known  ill  character  and  extreme  Ignorance,  and  so  shamefully 
illiterate  as  to  be  unable  to  write  their  own  Names,  from  whence  they  add  that  they  greatly  fear' d  that 
Justice  had  in  many  cases  been  partially  or  very  unduly  admmistrcd"  Whether  the  Qualification  of 
the  Justices  in  the  several  Counties  has  been  since  that  time  much  mended,  I  believe  no 
Gentleman  of  this  House  will  venture  to  affirm.  And  I  am  clearly  of  opinion,  that  to  lodge  a 
greater  Power  of  Jurisdiction  in  such  hands,  as  at  that  time  could  only  try  causes  wherein  the 
matter  in  demand  did  not  exceed  forty  shillings,  will  proportionably  inhance  the  Grievance,  and 
increase  the  Fear  upon  that  account. 

4lbly  I  conceive  that  the  Losses  by  attending  upon  such  Courts  as  are  proposed  to  be 
Established  by  this  Bill,  and  the  Costs  that  will  accrue  in  such  Prosecutions,  will  be  on  the 
whole  much  greater  and  more  detrimental  to  the  Inhabitants  of  the  several  Counties,  than  the 
difference  of  costs  as  they  are  now  received  by  the  Officers  and  Practisers  of  the  Courts  of  Law 
already  established  in  those  Counties. 

5"'ly  I  conceive  that  the  passing  this  Bill  into  a  Law  will  greatly  tend  to  encourage  Idleness 
&  corrupt  the  Morals  of  the  Inhabitants  of  this  Province. 

6lhly  It  appears  to  me  that  the  Rights  &  Influence  of  the  Crown  in  the  administration  of 
Government,  and  private  Property,  and  Rights  of  Offices  held  by  Patents  relating  to  Jurisdiction, 
will,  contrary  to  natural  Justice  and  Equity,  be  greatly  impaired  and  diminished  by  the  passing 
of  this  Bill. 

7lhly  It  evidently  tends  to  discourage  the  Study  of  the  Law,  and  all  Improvement  in  Science, 
and  to  introduce  Barbarism,  Confusion,  Error,  Partiality,  Corruption,  and  Perjury,  into  the 
publick  administration  of  Justice  within  the  several  Counties  within  this  Province:  And  I  hope 
no  Gentleman  will  conceive  these  to  be  light  Evils  when  nothing  can  tend  more  to  secure  the 
love  of  his  Majesty's  Subjects  to  their  Native  Rights  and  Liberties,  and  their  Allegiance  to  their 
Soveraign,  than  their  knowledge  of  the  worth  and  value  of  those  Rights.  And  who  amongst 
us  will  make  it  his  Business  in  Life  to  be  acquainted  with  the  Laws  of  his  Country,  who  cannot 
be  secure  of  a  comfortable  and  honourable  subsistence  in  consequence  of  his  study  and  Practice 
of  those  Laws?  Some  men  without  Doors  may  make  a  light  matter  of  this  Reason  and  think 
it  affects  but  a  small  Body  of  his  Majesty's  Subjects,  but  Wiser  Heads  do  know  that  nothing 
can  more  effectually  damp  the  Ardour  of  the  British  Genius,  nor  prepure  the  People  for  Slavery, 
and  dispose  them  to  take  upon  them  a  French  Yoke,  than  a  general  Ignorance  of  the  Laws  of 
their  Mother  Country.  And  the  horrid  Confusion  and  Disorder  in  this  Government,  that  will 
arise  from  the  Error,  Partiality,  Corruption  and  Perjury  that  will  attend  the  publick  Administration 
of  Justice  in  the  Counties,  (of  which  we  have  had  too  many  Instances  already)  ought  to  make 
every  honest  man  tremble. 

S'hlj'  My  Eighth  Reason  is  founded  upon  matters  of  some  delicacy,  which  I  should  have  been  glad 
to  have  had  no  occasion  to  tnke  notice  of:  But  when  I  consider  that  his  Majesty  expects  that 
his  faithful  servants  of  his  Council  for  this  Province,  should  avail  themselves  of  all  they  know 
or  are  credibly  informed  of  that  may  serve  to  direct  them  in  the  discharge  of  their  Duty  to 
their  King  and  Country,  and  that  I  should  be  unworthy  of  a  seat  here,  if  I  should  conceal  a 
danger,  or  not  dare  to  act  according  to  my  conscience;  I  think  myself  therefore  obliged  to 
observe,  that  it  has  been  a  Practice  during  all  the  time  that  I  have  had  any  concern  in  the 
publick  administration  of  Government,  and  I  have  heard  it  has  been  the  case  long  before  viz' 
That  the  Representatives  of  the  Counties  in  Assemblies,  have  made  it  a  custom  to  give  in  their 
Lists  of  Justices  for  their  respective  Counties  to  the  Governors  for  the  time  being;  that  these 
Lists  have  within  my  observation,  at  the  first  accession  of  a  new  Governor,  while  his  Instructions 
have  been  fresh  in  Memory,  been  laid  before  the  Council  for  their  advice  and  consent:  But  I 
have  been  credibly  informed,  that  afterwards  and  most  generally  till  the  present  administration, 
such  Lists  have  been  delivered  to  the  Clerks  in  the  Secretaries  office,  and  commissions  by  order 
of  the  Governor,  have  issued  without  advice  &  consent  or  the  least  Notice  taken  of  his  Majesty's 
Council  in  those  Affairs,  notwithstanding  his  Majesty's  express  Instructions  on  that  Head.  The 

167 


1330  Journal  of  the  Legislative  Council  of  New  York.  [loft  sS' 

Abuse  that  has  ensued  from  this  Practice  has  been  so  great,  that  within  the  Compass  of  a  few 
months,  within  a  former  administration,  I  have  been  credibly  informed  that  there  have  been 
three  sets  of  Justices  commissioned  in  one  County,  wherein  all  or  the  greatest  part  of  those 
named  in  the  proceeding  Commissions,  have  been  superseeded  by  the  Commission  next  following. 
The  Consequence  of  this  has  been,  that  his  Majesty's  Government  has  been  greatly  dishonoured ; 
some  of  his  best  subjects  disgraced  and  so  disgusted,  that  they  have  ever  after  refused  to  serve 
under  any  Commission,  and  very  unworthy  persons  have  been  substituted  in  their  stead  ;  When 
the  true  cause  of  all  this  has  been  no  other,  than  that  they  did  not  vote  for  the  sitting  Members, 
in  the  last  Election,  or  would  not  promise  to  give  their  Votes  and  Interest  for  such  Candidates 
as  happened  to  be  chosen  at  the  ensuing  election.  I  my  self  have  seen,  when  I  attended  the 
County  Courts,  a  Bench  of  Justices  some  of  whom  I  esteemed  worthy  men  and  among  the  very 
best  of  the  County  for  the  offices  they  sustained;  and  at  the  next  Sessions,  seeing  on  the  Bench 
a  sett  of  almost  all  New  Faces.  I  have  asked  what  was  become  of  such  and  such  Men,  as  I  had 
known,  and  the  Answer  has  been,  that  they  had  been  put  out  of  Office,  because  that  they  had 
voted  against  the  sitting  Members  at  the  last  Election,  and  were  not  Friends  to  what  was  called 
in  the  County  Term  the  prcsrnt  Administration,  meaning  not  that  of  the  Government,  but  of  the 
sitting  Members.  When  I  have  considered  the  wisdom  and  Equity  that  appears  in  the  Partiiion 
of  Power  within  this  Government,  which  his  most  gracious  Majesty  has  been  pleased  to  establish 
by  his  Commission  and  Instructions,  1  have  reflected  upon  these  disagreable  truths  with  great 
uneasiness,  and  found  that  they  had  their  source  and  Origin  in  a  violation  of  the  order  enjoined 
by  his  Majesty's  Instructions:  And  being  firmly  perswaded  that  to  encrease  the  Power  of  the 
Justices  in  a  point  of  Jurisdiction  not  necessarily  connected  with  their  office,  will  increase  the 
Evil,  I  was  obliged  to  dissent  to  this  Bill.  Nothing  is  more  Evident  to  me  than  that,  First  it 
will  tend  to  destroy  the  freedom  of  Elections  of  Representatives  in  Assembly:  Men  will  he 
bribed  to  vote  for  such  Men  as  can  procure  for  the  Voters,  Offices  of  Power  and  Gain.  Secondly 
it  will  establish  an  Oligarchy  and  despotic  Power  in  the  Counties,  to  the  disturbance  of  the 
Peace  and  the  oppression  of  his  Majesty's  Subjects.  Thirdly,  it  will  give  an  excessive  weight 
to  the  Lower  House  that  will  destroy  the  Ballance  of  Power  lodged  in  the  several  Branches  of 
the  Legislature:  It  will  enable  that  House  to  controul  a  Governor,  that  may  dare  to  dispute 
their  demands  in  opposition  to  the  Rights  of  the  Crown,  and  to  defy  the  Effects  of  his  Power 
of  his  dissolving  them,  and  consequently  weaken  the  Power  of  the  Crown  in  the  administration 
of  Government.  On  the  other  Hand  if  the  Governor  pursues  wrong  measures,  and  falls  in  with 
the  demands  of  the  Assembly,  by  appointing  Justices  at  their  Instance,  he  may  have  just  such 
men  to  be  in  the  Assembly  as  he  pleases,  and  such  as  will  give  him  whatever  he  demands. 
And  in  the  last  Place,  that  weight  and  Influence  which  the  King  intends  his  Council  should 
have  in  keeping  the  Ballance  even  between  the  Governor  and  the  Assembly,  and  his  answering 
the  best  Ends  of  his  Government,  will  in  consequence  of  the  Premises  be  greatly  weakned 
and  impaired,  if  not  entirely  lost. 

Hence  according  to  the  View  I  have  of  the  present  Bill,  it  evidently  tends,  to  infuse  Poison 
into  the  very  Vitals  of  the  Constitution  of  this  Government ;  and  though  it  may  serve  the 
particular  Views  of  the  Gentlemen  of  the  Assembly  in  the  ensuing  Election,  yet  the 
continuance  of  such  Bills,  can  by  no  means  subserve  to  their  true  Interest,  the  advancement  of 
the  Value  of  their  Estates,  the  Good  of  their  Posterity,  and  the  Real  Welfare  of  this  Colony ; 
which  can  only  be  promoted  by  preserving  the  Constitution  pure  and  entire,  and  the  Legislative 
and  Executive  Power  of  Goverment  in  their  proper  place  and  order,  and  in  the  full  exercise  of 
those  Rights  which  belong  to  each  respectively,  not  suffering  any  one  to  encroach  upon  the 
Rights  of  the  other. 

gtiiiy  The  Amendments  proposed  to  this  Bill  in  my  humble  opinion  go  but  a  very  little  way 
in  preventing  the  Evils  which  it  tends  to  produce  and  in  fact  the  publick  Injury  in  extending 
it  to  the  two  Cities  and  Borough  is  less  than  in  extending  it  to  the  several  Counties,  because  the 
Magistrates  in  these  Cities  and  Borough,  are  generally  Men  of  sense  and  Integrity  ;  and  I  have 
not  heard  of  any  one  amongst  them,  that  cannot  write  his  own  name. 

IQihiy  jf  af[er  aj}  a  five  Pound  Bill  had  been  thought  absolutely  necessary  to  suppress  some 
Evils,  which  have  been  complained  of  (I  fear  with  too  much  Reason)  I  would  not  have  opposed 
a  temporary  Law  to  have  established  such  a  Court  in  each  County,  City  and  Borough,  if  the 
Jurisdiction  were  lodged  in  a  few  Hands,  and  those  such  who  were  able  Dcccrncre  jxr  Legcm 
quid  sit  Jitstum,  and  the  Persons  to  be  appointed  were  men  of  approved  Integrity,  and 
nominated  by  the  Governor,  and  Commissioned  with  the  Advice  and  Consent  of  his  Majesty's 
Council ;  and  such  Orders  and  Regulations  relating  to  such  Courts  had  been  proposed,  as  would 
have  a  probable  tendency  to  promote  the  publick  Good. 

WM  SMITH. 
New  York  30th  March  1758. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Nicoll  with  the  Bill  Entituled 
[An  Act  to  empower  Justices  of  the  Peace  to  try  Causes  to  the  value  of  five  Pounds  and  under 
and  for  repealing  the  two  Acts  therein  mentioned]  with  the  Amendments  made  thereto  by  the 
Council,  acquainting  the  Council  that  the  General  Assembly  do  not  agree  to  the  said 
Amendments. 


1758.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1331 

And  the  said  Message  being  Read 

Resolved,  that  the  Council  do  adhere  to  their  Amendments  to  the  said  Bill. 
Ordered,  that  Mr  Horsmanden   do  carry  back  the  Bill  with  the  Amendments  to  the  General 
Assembly  and  acquaint  the  House  that  the  Council  do  adhere  to  their  said  Amendments. 
The  Council  adjourned  till  4  o  clock  P'  Meridiem. 


Wednesday,  the  22"  day  of  March,  1758.    P.  M. 
The  Council  met  according  to  adjournm' 

PRESENT  —  The  HonoM6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled, 
[An  Act  for  raising  by  a  publick  Lottery  the  sum  of  one  thousand  one  hundred  and  twenty 
five  Pounds  for  the  use  of  the  Corporation  of  the  City  of  Albany]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House,  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  and  agreed  to  and  approved  of,  and  the  Bill 

Ordered  a  third  reading. 

A  Message  from  the  General  Assembly  by  Captain  Walton  and  Mr  Cruger  with  the  Bill 
Entituled  [An  Act  to  prevent  the  bringing  in  and  spreading  of  infectious  Distempers  in  this 
Colony]  with  the  amendment  thereto  acquainting  the  Council  that  the  General  Assembly  have 
agreed  to  the  said  Amendment  and  desire  that  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  by  inserting  in  page  1  line  25  after  the  word  Tea  these 
Words  "  And  shall  ask  and  demand  of  the  Master  or  Commander  of  every  such  vessel  whether 
they  have  come  from  any  Place  infected  with  the  Small  Pox,  Yellow  Fever,  or  other  infectious 
Distemper,  or  have  any  person  on  board  infected  with  any  such  Distemper." 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  raise  levy  and  collect  a  sum  not  exceeding  the  sum  of  five  huudred  pounds  in  Kings 
County,  towards  building  a  new  Court  House  and  Goal  in  said  County]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  Reported  from  the  Committee  of  the  whole  House  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  a  third  reading. 

A  Message  from  the  General  Assembly  by  Mr.  Cruger  and  Captain  Winne  with  the  Bill 
Entituled  [An  Act  for  raising  paying  and  clothing  two  thousand  six  hundred  and  eighty  effective 
Men,  Officers  included,  for  forming  an  army  of  twenty  thousand  Men  with  the  Forces  of  the 
Neighbouring  Colonies  to  invade  the  French  Possessions  in  Canada,  in  Conjunction  with  a 
Body  of  His  Majesty's  Regular  Troops  and  other  purposes  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  and 

Ordered  a  second  reading. 

The  Council  adjourned  til  to  Morrow  Morning  11  o  clock. 


1332  Journal  of  the  Legislative  Council  of  New  York.  IwS  &«!?£' 

Thursday,  the  23d  day  of  March,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS,  Esqra. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  raise  levy  and  collect  a  sum  not  exceeding  the 
sum  of  five  hundred  Pounds  in  Kings  County  towards  building  a  New  Court  House  and  Goal 
in  said  County]  be  now  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  arid 

On  the  Question  being  put, 

Resolved,  that  the  Bill  do  pass. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  Amendment. 

Ordered,  that  the  Bill  Entituled,  [An  Act  for  raising  paying  and  Cloathing  two  thousand  six 
hundred  and  eighty  effective  Men,  Officers  included,  for  forming  an  army  of  twenty  thousand 
Men  with  the  Forces  of  the  Neighbouring  Colonies  to  invade  the  French  Possessions  in  Canada 
in  Conjunction  with  a  Body  of  his  Majesty's  regular  Troops  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  adjourned  till  4  o  clock  Post  Meridiem. 


Thursday,  the  twenty  third  day  of  March,  1758.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  TheHonom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  Whole  House  on  the  Bill  Entituled  [An 
Act  for  raising  paying  and  Cloathing  two  thousand  six  hundred  and  Eighty  effective  Men 
Officers  included,  i'or  forming  An  Army  of  twenty  thousand  Men  with  the  Forces  of  the 
Neighbouring  Colonies,  to  invade  the  French  Possessions  in  Canada,  in  Conjunction  with  a 
Body  of  his  Majesty's  regular  Troops,  and  other  purposes  therein  mentioned]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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 

Ord'.red,  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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  raising  by  a  publick  Lottery  the  sum  of  one 
thousand  one  hundred  and  twenty  five  Pounds  for  the  use  of  the  Corporation  of  the  City  of 
Albany]  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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

The  Council  adjourned  till  to  morrow  afternoon  4  o  clock. 


1758.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1333 

Friday,  (he  twenty  fourth  day  of  March,  1758.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  being  corne  to  the  Council  Chamber  (the  Speaker 
leaving  the  Chair)  sent  a  Message  to  the  General  Assembly  by  the  Deputy  Secretary  requiring 
the  immediate  attendance  of  that  House. 

And  the  General  Assembly  attending  accordingly 

His  Honor  in  presence  of  the  Council  and  General  Assembly  was  pleased  to  give  his  Assent 
to  four  Bills  the  Titles  whereof  are  as  follow,  viz1 

An  Act  for  raising  paying  and  cloathing  two  thousand  six  hundred  and  eighty  effective  men, 
Officers  included,  for  forming  an  Army  of  twenty  thousand  Men,  with  the  Forces  of  the 
Neighbouring  Colonies  to  invade  the  French  Possessions  in  Canada,  in  conjunction  with  a  Body 
of  his  Majesty's  regular  Troops,  and  other  purposes  therein  mentioned. 

An  Act  to  prevent  the  bringing  in  and  spreading  of  infectious  Distempers  in  this  Colony. 

An  Act  to  raise  levy  and  collect  a  sum  not  exceeding  the  sum  of  five  hundred  Pounds  in 
Kings  County  towards  building  a  new  Court  House  and  Goal  in  said  County. 

An  Act  for  raising  by  a  publick  Lottery  the  sum  of  one  thousand  one  hundred  and  twenty 
five  pounds  for  the  use  of  the  Corporation  of  the  City  of  Albany. 

After  which  the  said  four  Acts  were  published  as  usual,  and  his  Honor  the  Lieut'  Governor, 
the  Council,  and  the  General  Assembly  being  returned  to  the  Council  Chamber 

The  Speaker  of  the  General  Assembly  represented  to  his  Honour,  that  the  Members  conceived 
their  presence  in  their  respective  Counties  absolutely  necessary,  to  expedite  and  forward  the 
Levies  of  Men  ;  and  therefore  that  the  House  desired  his  Honour  to  permit  them  to  adjourn  for 
a  short  time. 

His  Honour  was  thereupon  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return 
to  the  Assembly  Chamber,  and  adjourn  the  House  until  Tuesday  the  second  day  of  May  next. 

His  Honour  then  returned  to  his  Residence. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  directed  the  Speaker  of  the  General  Assembly 
to  adjourn  the  House  until  Tuesday  the  second  day  of  May  next.  The  Council  therefore 
adjourned  to  the  same  day. 


Tuesday,  the  second  day  of  May,  1758. 

The  Council  met  according  to  adjournment. 

PRESENT — The  HonoMe  CADWALLADER  GOLDEN,  Esqr,  Speaker, 

ARCHIBALD  KENNEDY, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Wednesday  the  10lh  Instant  at  3  o  clock  Post  Meridiem. 


S 


1334  Journal  of  the  Legislative  Council  of  New  York.  [' 

Wednesday,  the  tenth  day  of  May,  1758.    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Ho?ioMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 
JOHN  RUTHERFURD, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr   Banyar   Deputy   Secretary   brought   to  the  Council    a   Message   from  his    Plonour   the 
Lieutenant  Governor  which  being  being  read  was 
Ordered  to  be  entered  in  the  Minutes  &  is  as  follows 

Gentlemen, 

I  desire  you  will  now  proceed  on  the  Business  I  have  before  recommended  to  you,  to  wit, 
paying  the  Publick  Debts,  Revising  the  Militia  Laws,  making  them  more  effectual  for  these 
times  and  throwing  the  whole  into  one  Bill.  As  also  that  you  will  take  into  your  consideration 
the  several  other  matters  recommended  to  you  in  my  former  Message  of  the  7th  of  December  last. 

The  Acts  for  regulating  the  Pilots  and  establishing  their  Pilotage,  a  very  necessary  Law,  is 
expired  and  should  be  revived. 

No  Provision  has  been  made  for  a  Chaplain  to  the  Forces  in  the  Pay  of  this  Province;  when 
this  is  done,  I  shall  take  leave  to  appoint  a  well  qualifyed  Person  to  that  service. 

JAMES  DE  LANCEY. 
Bowry  Lane  10th  May  1758. 

The  Council  adjourned  till  the  23d  Instant  at  10  o'clock  in  the  Morning. 


Tuesday,  the  twenty  third  day  of  May,  1 75 8. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honollt  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Friday  the  second  day  of  June  next  at  11  o  clock  in  the  Morning. 

Friday,  the  second  day  of  June,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Seaman  with  the  Bill  Entituled 
[An  Act  to  restrain  the  feeding  and  burning  the  Grass  and  Cutting  the  Timber  on  certain 
Beaches  and  Islands  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  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  5  o  clock  Post  Meridiem. 


1758.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1335 

Friday,  the  second  day  of  June,  1758.  P'  Mer. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobl*  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Watts  and  Col:  Verplanck  with  the  Bill 
Entituled  [An  Act  to  revive  An  Act  entituled,  An  Act  for  regulating  the  Pilots  and  establishing 
their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  and  other  purposes  therein 
mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

O/dcrcd  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Seaman  with  the  Bill  Entituled 
[An  Act  for  Payment  of  the  Debts  of  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Watts  with  the  Bill  Entituled 
[An  Act  to  regulate  the  Taxing  of  Real  and  personal  Estates  in  the  City  and  County  of  New 
York,  collecting  the  Taxes,  and  for  preventing  Disputes  between  Landlords  and  their  Tenants 
throughout  the  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. 

The  Council  adjourned  till  to  Morrow  Morning  10  o  clock. 


Saturday,  the  third  day  of  June,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  IIonoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  revive  An  Act  entituled  An  Act  for  regulating 
the  Pilots  and  establishing  their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  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  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

Ordered,  that  the  Bill  Entituled,  An  Act  for  the  payment  of  the  Debts  of  this  Colony]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 


1336  Journal  of  the  Legislative  Council  of  New  York.  [imh^T' 

The  Speaker  resumed  the  Chair,  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  restrain  the  Feeding  and  burning  the  Grass  & 
cuttin"  the  Timber  on  certain  Beaches  and  Islands  therein  mentioned]  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  regulate  the  Taxing  of  real  and  personal  Estates 
in  the  City  and  County  of  New  York,  collecting  the  Taxes,  and  for  preventing  Disputes 
between  Landlords  and  their  Tenants  throughout  the  Colony]  be  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  3  o'clock  Post  Meridiem. 


Saturday,  the  third  day  of  June,  1758.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  revive  An  Act  Entituled  An  Act  for  regulating 
the  Pilots  and  establishing  their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  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  Bill  do  pass. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  payment  of  the  Debts  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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  AmendYnent. 

His  Honour  the  Lieutenant  Governor  being  come. to  the  Council  Chamber  (the  Speaker 
leaving  the  Chair)  sent  a  Message  to  the  General  Assembly  by  the  Deputy  Secretary,  requiring 
the  immediate  attendance  of  that  House 

And  the  General  Assembly  attending  accordingly. 

His  Honour  in  presence  of  the  Council  and  General  Assembly  was  pleased  to  give  his  Assent 
to  two  Bills,  the  Titles  whereof  are  as  follow. 

An  Act  to  revive  An  Act  entituled,  An  Act  for  regulating  the  Pilots  and  establishing  their 
Pilotage  between  Sandy  Hook  and  the  Port  of  New  York,  and  other  purposes  therein  mentioned. 

An  Act  for  the  Payment  of  the  Debts  of  this  Colony. 

After  which  the  said  two  Acts  were  published  as  usual  and  his  Honour  the  Lieutenant 
Governor,  the  Council,  and  the  General  Assembly  being  returned  to  the  Council  Chamber. 

His  Honour  was  pleased  to  direct  the  Speaker  of  the  General  Assembly,  to  return  to  the 
Assembly  Chamber,  and  adjourn  the  House  until  Tuesday  the  27th  day  of  June  Instant. 

His  Honour  then  returned  to  his  Residence. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  directed  the  Speaker  of  the  General  Assembly 
to  adjourn  that  House  until  Tuesday  the  27lh  day  of  June  Instant. 

The  Council  therefore  adjourned  to  the  said  twenty  seventh  day  of  June  Ins  ant. 


1758.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1337 

[N.T.  Col.  ItSS.,  LXXXVI.,  S8.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the 
nocntij  seventh  day  of  June  instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  find 
I  do  by  and  with  the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly 
to  Tuesday  the  twenty  fifth  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  twenty  third  day  of  June  17oS  in  the  thirty  second  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR,  D  Sucry. 

God  save  the  KING. 


[N.  T.  Col.  MSS.,  LXXXVI.,  60.1 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY,  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  Depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twenty 
fifth  day  of  July  instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I  do  by  and 
with  the  Advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 
Tucsdiuj  the  twenty  second  day  of  August  next  Of  which  all  his  Majesty's  Subjects  concerned 
are  to  take  Notice  and  Govern  themselves  accordingly. 

Given  under  my  hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  Nciu  York 
the  twelfth  day  of  July  1758  in  the  thirty  second  year  of  the  Reign  of  our 
Poveraign  Lord  George  the  Second  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR,  D  SHcry. 

God  save  the  KING. 


168 


1338  Journal  of  the  Legislative  Council  of  New  York. 


[N.  T.  Col.  MSB.,  LXXXVI.,  64.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province,  stands  adjourned  to  Tuesday  the  twenty 
second  day  of  August  instant,  I  have  thought  fit  for  his  Majesty's  service  to  adjourn,  and  I  do 
by  and  with  the  Advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 
Tuesday  the  nineteenth  day  of  September  next  Of  which  all  his  Majesty's  Subjects  concerned  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  August,  175S  in  the  thirty  second  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR,  D  Secry. 

God  save  the  KING. 


[  X.  Y.  Col.  M3S.,  LXXXVI.,  58.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)  and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province,  stands  adjourned  to  Tuesday  the 
nineteenth  day  of  September  Instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I 
do  by  and  with  the  advice  of  his  Majesty's  Council  further  adjourn  the  siiid  General  Assembly 
to  Tuesday  the  seventeenth  day  of  October  next  of  which  all  his  Majesty's  Subjects  concerned  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  September  1758  in  the  thirty  second  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR  D  Secy 

God  save  the  KING. 


1758.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1339 

[N.  Y.  Col.  MSS.,  LXXXVI.,  83.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)   over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly'of  this  Province  stands  adjourned  to  Tuesday  the  seventeenth 
day  of  October  Instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to  Tuesday 
the  fourteenth  day  of  November  next  of  which  all  his  Majesty's  Subjects  concerned  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  sixth  day  of  October  1758  in  the  thirty  second  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAE,  D  Cl.  Con. 

God  save  the  KING. 


TWENTY-SEVENTH  ASSEMBLY    ELEVENTH  SESSION. 


Council  Chamber  City  Hall  in  the  City  of  New  York  Tuesday  the  fourteenth  day  of 

November  1758. 

His  Honour  the  Lieutenant  Governor  having  on  the  third  day  of  June  last  directed  the 
General  Assembly  to  adjourn  themselves  to  the  twenty  seventh  day  of  the  same  month  to 
which  day  the  Council  did  also  adjourn  And  the  Lieutenant  Governor  having  by  divers 
Proclamations  since  issued  adjourned  the  General  Assembly  to  this  day. 

The  Council  met  accordingly. 

PRESENT  —  The  Hono''1'  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

There  not  being  a  sufficient  Number  of  Members  of  the  General  Assembly  met  to  proceed 
upon  Business. 

The  Council  adjourned  till  Tuesday  the  21"  day  of  November  Instant  at  11  o  clock  in  the 
morning. 


1340  Journal  of the  Legislative  Council  of  New  York. 

Tuesday,  the  21"  day  of  November,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMl>  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  (the  Speaker 
leavin"  the  Chair)  sent  a  Mess-ige  to  the  General  Assembly  by  the  Deputy  Secretary  requiring 
the  immediate  attendance  of  that  House. 

The  House  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  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 
Copy  thereof  to  the  Speaker  of  the  General  Assembly. 

His  Honour  then  returned  to  his  Residence. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Honour  the  Lieutenant  Governors  Speech  be  Read. 

Then  the  Speech  was  read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows. 

Gentlemen  of  the  Council  and  General- Assembly, 

I  Take  this  first  Opportunity  of  our  Meeting,  to  congratulate  you  on  the  Success  of  his 
Majesty's  Arms  in  North-America.  The  Reduction  of  Louisbourg,  and,  in  Consequence,  of  the 
Islands  of  Cape-Breton  and  St.  John's,  is  an  Acquisition  of  the  utmost  Importance  to  the  Trade 
of  Great-Britain,  and  the  Safety  of  the  Northern  Colonies :  may  they  always  continue  in  the 
British  Possession.  The  taking  and  destroying  so  many  of  the  Enemy's  Ships  on  this  Occasion, 
whereby  the  French  Navy  is  considerably  weakened,  is  an  additional  heavy  Loss  to  them  ;  and 
all  this  has  been  atchieved  with  so  little  Loss  on  our  Part,  as  is  scarcely  to  be  parrallel'd  in  any 
Instance. 

And  though  by  our  Repulse  and  Retreat  from  Ticonderoga,  the  sanguine  Hopes  we  had 
entertained  of  Success  in  that  Quarter,  have  been  disappointed,  yet  the  Enemy  have  gained  no 
ground  there,  and  Things  are  as  they  were  on  Hudson's  Iliver,  the  Beginning  of  the  Campaign. 

On  the  other  Side,  Major  General  Abcrcromby  sent  Brigadier  Stanwix  with  a  considerable 
Body  of  Provincials  up  the  Mohawk's  River,  where  a  Fort  has  been  built  at  the  Oneida  Station, 
whereby  an  important  Pass  is  secured,  through  which  one  of  the  French  Generals  was  to  have 
made  an  Irruption  last  Spring,  but  was  prevented  by  the  Diligence  of  our  Army,  which 
advanced  so  fast,  as  to  oblige  the  French  General  at  Ticonderoga  to  recal  him  to  oppose 
our  Troops. 

It  was  from  this  Station,  that  Lieut.  Col.  Bradstreet,  in  Consequence  of  Orders  received  from 
General  Abercromby,  proceeded  to  attack  the  French  Fort  Frontenac  at  Cadaraqui,  which 
he  accomplished,  taking  and  destroying  the  Fort.  This  Event  was  attended  with  happy 
Circumstances:  at  this  Place  were  taken  all  the  Vessels  the  French  had  on  the  Lake,  which 
have  been  burnt:  In  the  Fort  were  found  a  great  Number  of  Arms,  an  immense  Quantity  of 
Provisions  and  Indian  Goods  of  all  Kinds,  being  the  Magazine  from  whence  Niagara  and  the 
other  French  Posts  Westward  were  to  be  furnished.  These  have  all  been  destroyed  or  brought 
away,  the  Effects  of  which  will  be  severely  felt  by  the  Enemy  this  Winter. 

I  mention  the  Events  in  North-America,  as  being  near  to  you  and  more  immediately  engaging 
your  Attention.  I  have,  however,  the  Pleasure  to  acquaint  you,  that  by  the  latest  Advices, 
Affairs  in  Europe  take  a  favourable  Turn  for  his  Majesty  and  his  Allies,  and  we  may  hope  for  a 
happy  Issue  ot  the  Campaign. 

Gentlemen, 

I  have  now  to  recommend  to  you,  to  proceed  with  Dispatch  on  the  usual  Business  of  this 
Season,  and  must  acquaint  you,  that  the  publick  Service  has  called  me  to  Albany,  once  last 
Year,  and  twice  this;  which  you  will  take  into  your  Consideration. 

On  Representations  from  the  Inhabitants  of  Ulster  and  Orange,  of  the  Incursions  of  the 
Indians  into  their  Settlements,  I  ordered  an  Officer  and  24  additional  Men  into  the  Block 
houses  for  their  Protection  ;  and  Col.  Hardenbergh  having  ordered  a  Party  of  Militia  out,  upon 
the  Indians  killing  one  of  the  Inhabitants  within  a  Mile  of  the  Church  at  Rochester,  I  directed 
him  to  keep  them  on  the  Scout,  till  the  Danger  of  any  further  Mischief  was  over,  when  the 


1758.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1341 

Accounts  of  the  Expence  accruing  from  this  Service  are  brought  in,  they  shall  be  laid  before 
you.  These  Militia  I  have  ordered  to  be  dismist,  as  General  Abercromby  has  ordered  the  light 
armed  Infantry  to  be  posted  in  those  Parts:  he  has  also  acquainted  me,  that  he  would  Order  the 
New- York  Regiment  to  be  disbanded  as  soon  as  possible,  and  I  am  in  daily  Expectation  of 
healing  it  is  done. 

Gentlemen, 

If  there  be  any  Laws  to  be  revived  or  continued,  or  new  to  be  made,  for  the  Benefit  of  his 
Majesty's  Subjects  within  my  Government,  you,  will  find  me  ready  to  give  my  Assent  to  them. 

City  of  New  York  JAMES  DE  LANCEY. 

21"  November  175S. 

Ordered,  that  his  Honour  the  Lieutenant  Governor's  Speech  be  forthwith  Printed. 

Mr  Horsmanden  moved  that  an  humble  Address  be  presented  to  his  Honour  the  Lieutenant 
Governor  in  Answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to, 

Unsolved,  that  an  humble  Address  be  presented  accordingly. 

Ordered,  that  Mr  Horsmanden,  Mr  Chambers  and  Mr  Watts  be  a  Committee  to  prepare  the 
Draft  of  the  said  Address,  and  that  they  do  prepare  and  lay  the  same  before  the  House  with 
all  convenient  speed. 

The  Council  adjourned  till  Thursday  Morning  11  o  clock. 


Thursday  the  23d  day  of  November,  1 758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Horsmanden  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to 
his  Honour  the  Lieutenant  Governor  Read  and  then  delivered  the  same  in  at  the  Table,  where 
the  same  was  ag;iin  read  and  being  Amended  was  agreed  to. 

Ordered,  that  the  said  Address  be  Engrossed. 

The  Engrossed  Address  to  his  Honour  the  Lieutenant  Governor  was  read  and  approved  of 
and 

Ordered  to  be  signed  by  the  Speaker  and 

The  Speaker  having  signed  the  same 

Ordered,  that  Mr  Chambers  and  Mr  Watts  do  wait  on  his  Honour  the  Lieutenant  Governor 
and  desire  to  know  when  he  will  be  pleased  to  be  attended  with  the  humble  address  of  the 
Council. 

The  said  Gentlemen  being  returned  Reported  that  they  had  waited  on  his  Honour  the  Lieu 
Governor  with  the  said  Message  and  that  he  had  been  pleased  to  say  he  would  receive  the 
Councils  Address  to  Morrow  Morning  11  o  clock. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Fryday,  the  24(A  day  of  November,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono"1'  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 
The  Speaker  left  the  Chair  and  with 

The  Council  went  to  present  their  Address  to  his  Honour  the  Lieutenant  Governor,  and  being 
returned 


1342  Journal  of  the  Legislative  Council  of  New  York. 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  Council  attended  his  Honour,  the  Lieutenant  Governor,  and 
read  and  presented  the  Councils  Address  to  his  Honour, 

His  Honour  had  been  pleased  to  return  a  favourable  answer  thereto,  which  being  read 
Ordered,  that  the  Address  and  Answer  be  entered  in  the  Minutes  which  are  as  follow  : 

To  the  Honoble  JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in 
Chief  in  and  over  the  Province  of  New  York  and  the  Territories  depending  thereon 
in  America. 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour, 

We  his  Majesty's  most  dutiful  and  Loyal  Subjects  the  Council  for  the  Province  of  New  York 
return  your  Honour  our  hearty  thanks  for  your  Speech. 

We  are  glad  of  the  opportunity  of  Congratulating  your  Honour  on  the  success  of  his  Majesty's 
Arms  on  the  Reduction  of  the  Island  of  Cape  Breton  and  its  Dependences :  an  acquisition 
of  the  utmost  importance  to  the  Trade  of  Great  Britain  and  the  safety  of  the  northern  Colonies  : 
and  most  sincerely  wish  with  your  Honour  that  they  may  always  continue  in  the  British 
Possession. 

The  success  of  Lieutenant  Colonel  Bradstreet  against  Fort  Frontenac,  which  has  in  the  Event 
been  attended  with  such  happy  circumstances,  gives  us  the  greatest  pleasure,  and  we  think  that 
Achievement  redounds  much  to  that  Gentlemaiis  Honour  and  the  I'ublick  service. 

We  cannot  but  much  approve  your  Honours  care  and  solicitude  for  the  protection  of  the 
Frontiers  in  the  Counties  of  Orange  and  Ulster,  which  have  during  this  war  suffered  most 
severely  by  the  Incursions  of  the  Enemy  and  their  Savages ;  and  we  are  glad  the  Inhabitants 
will  be  relieved  this  Winter  by  General  Abercromby's  posting  the  Light  Armed  Infantry  in 
their  stead. 

Your  Honours  Vigilance  for  the  safety  and  welfare  of  all  his  Majesty's  Subjects  under  your 
Government,  We  are  well  assured  of;  and  hope  you  are  perswaded  that  we  have  it  most  sincerely 
at  heart  to  concur  with  your  Endeavours  in  promoting  the  common  good  and  the  dispatch  of 
the  Business  before  us  at  this  Session. 

By  order  of  the  Council 

Council  Chamber  City  of  ARCH"  KENNEDY  Speaker. 

New  York  23d  November  1758 

The  GOVERNORS  Answer. 
Gentlemen, 

I  thank  you  kindly  for  your  Address,  and  the  favourable  opinion  you  have  of  my  care  and 
solicitude  for  the  Protection  of  the  Frontiers.  I  shall  always  rely  on  your  assistance  in  my 
Endeavours  for  promoting  the  common  good. 

City  of  Nc^feTork  JAMES  DE  LANCEY. 

November  24th  1758 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 
The  Council  adjourned  till  Tuesday  Morning  11  o  clock. 


Tuesday  the  28'A  day  of  November,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono116  DANIEL  HORSMANDEN  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq" 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Colonel  Beekman  and  Colonel  Seaman  with  the 
Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Colonel  Lott  and  Colonel  De  Lancey  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  regulating  the  Militia  of 
the  Colony  of  New  York  together  with  the  two  Acts  therein  mentioned  respecting  the 


1758.]  The  Hon.  James  De  Lanceij,  Esq :  Lieut.  Governor.  1343 

regulating  the  Militia  of  New  York  with  an  addition  thereto]  desiring  the  concurrence  of  the 
Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Snedeker  with  the  Bill  Entituled 
[An  Act  further  to  continue  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  the  better 
support  of  the  Government  of  this  Colony  and  other  purposes  therein  mentioned]  desiring  the 
Concurrence  of  the  Council  thereto. 

Ordtred,  that  the  said  three  Bills  be  Read. 

Then  the  said  three  Bills  were  Read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  De  Lancey  with  the  Bill 
Entituled,  [An  Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  city  of 
New  York  for  the  time  being  or  the  Major  part  of  them,  to  order  the  raising  a  sum  not  exceeding 
twelve  hundred  pounds  by  a  Tax  on  Estates  Real  and  personal  ia  the  said  City]  desiring  the 
concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap' Winne  and  Cap' Livingston  with  the  Bill 
Entituled  [An  Act  for  raising  by  a  publick  Lottery  the  sum  of  one  thousand  one  hundred  and 
twenty  five  pounds  for  the  use  of  the  Corporation  of  the  City  of  Albany]  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. 

The  Council  adjourned  till  11  o  clock  to  Morrow  Morning. 


Wednesday,  the  29'A  day  of  November,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT — The.  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  five  following  Bills  be  now  read  the  second  time. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  his 
Majesty  the  several  duties  and  impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned.] 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  regulating 
the  Militia  of  the  Colony  of  New  York  together  with  the  two  Acts  therein  mentioned  respecting 
the  Regulating  the  Militia  of  New  York  with  an  addition  thereto] 

The  Bill  Entituled  [An  Act  further  to  continue  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  the  better  support  of  the  Government  of  this  Colony  and  other  purposes  therein 
mentioned] 

The  Bill  Entituled  [An  Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the 
City  of  New  York  for  the  time  being  or  the  Major  part  of  them  to  order  the  raising  a  sum  not 
exceeding  twelve  hundred  pounds  by  a  Tax  on  Estates  Real  and  personal  in  the  said  City]  and 

The  Bill  Entituled  [An  Act  to  revive  An  Act  Entituled,  An  Act  for  raising  by  a  publick 
Lottery  the  sum  of  One  thousand  one  hundred  and  twenty  five  pounds  for  the  use  of  the 
Corporation  of  the  City  of  Albany.] 

Then  the  said  five  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  Whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled,  An  Act  for  granting  to  his  Majesty  the  several 
duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned.] 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  regulating  the 
Militia  of  the  Colony  of  New  York  together  with  the  two  Acts  therein  mentioned  respecting 
the  Regulating  the  Militia  of  New  York  with  an  Addition  thereto.] 

The  Bill  Entituled  [An  Act  to  revive  An  Act  for  raising  by  a  publick  Lottery  the  sum  of 
one  thousand  one  hundred  and  twenty  five  pounds  for  the  use  of  the  Corporation  of  the  City 
of  Albany]  and 


1 344  Journal  of  the  Legislative  Council  of  New  York.  [SIE  £c£™: 

The  Bill  Entituled  [An  Act  further  to  continue  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  the  better  support  of  the  Government  of  this  Colony  and  other  purposes  therein 
mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  said  four  Bills  and  directed  him  to  report  the  said  Bills 
without  Amendment. 

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

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

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Thursday,  the  30'A  day  of  November  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 

Fry  day,  the  1"  day  of  December,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker. 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esqr*. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  for  the 
time  being  or  the  major  part  of  them  to  order  the  raising  a  sum  not  exceeding  twelve  hundred 
Pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City]  and  after  some  time  spent 
thereon 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  Reported  thnt  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without 
anv  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  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for 
granting  to  his  Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes 
imported  into  this  Colony  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  further  to  'continue  An  Act  Entituled  An  Act  for 
regulating  the  Militia  of  the  Colony  of  New  Yori  together  with  the  two  Acts  therein  mentioned 
respecting  the  regulating  the  Militia  of  New  York  with  an  addition  thereto]  be  now  read  the 
third  time. 

Then  the  said  Bill  was  read  the  third  time  and 


1758.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1345 

On  the  Question  being  put 

Resoh-cd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  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]  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  to  revive  An  Act  Entituled  An  Act  for  raising  by  a 
Publick  Lottery  the  Sum  of  one  thousand  one  hundred  and  twenty  five  Pounds  for  the  use 
of  the  Corporation  of  the  City  of  Albany]  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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Verplanck  and  Mr  Seaman  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  erecting  and  establishing 
a  Stamp  Office  in  this  Colony  for  stamping  all  Vellum  Parchment  and  Paper  charged  with  the 
several  duties  therein  mentioned  with  an  addition  thereto]  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  till  Wednesday  next  at  11  o  clock  in  the  morning. 


Wednesday,  the  6th  day  of  December,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cornel  and  Colonel  Lott  with  the  Bill  Entituled 
[An  Act  to  revive  An  Act  Entituled  An  Act  for  the  better  apprehending  and  securing  Deserters 
from  his  Majesty's  Forces  in  North  America  with  Additions  thereto]  Desiring  the  Concurrence 
of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Snedeker  with  the  Bill  Entituled 
[An  Act  to  empower  the  Justices  of  thn  Peace  and  Aldermen  of  the  Burrough  of  Westchester 
County  in  Conjunction  wilh  the  Supervizors  of  the  said  County  to  ascertain  and  fix  the  Place  for 
electing  (sic)  a  new  Court  House  and  Goal  for  the  said  County  and  for  raising  a  sum  not  exceeding 
the  sum  of  One  thousand  pounds  on  the  Estates  Real  and  personal  of  all  the  Freeholders  and 
Inhabitants  of  the  said  County  for  and  towards  erecting  the  said  Court  House  and  Goal] 
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. 

A  Message  from  the  General  Assembly  by  Captain  Winne  and  Mr  Snedeker  with  the  Bill 
Entituled  [An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and  fifty  nine  to  the  first 
day  of  January  one  thousand  seven  hundred  and  sixty]  Desiring  the  Concurrence  of  the  Council 
thereto. 

A  Message  from  the  General  Assembly  by  Mr  Snedeker  and  Mr  Janse  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  Entituled  An  Act  for  laying  an  Excise  upon  all  Tea  of 
foreign  Growth  retailed  within  this  Colony  with  Additions  thereto]  desiring  the  Concurrence 
of  the  Council  thereto. 

169 


1346  Journal  of  the  Legislative  Council  of  New  York.  [nli  sc."™' 

Ord(rcd,  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  for  erecting 
and  establishing  a  Stamp  Office  within  this  Colony  for  stamping  all  Vellum  Parchment  and 
Paper  charged  with  the  several  Duties  therein  mentioned  with  an  addition  thereto]  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  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  regulate  the  Taxing  of  Real  and  personal  Estates  in  the  City  and  County  of  New  York, 
collecting  the  Taxes,  and  for  preventing  Disputes  between  Landlords  and  their  Tenants]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Oid-.red  a  third  reading. 

The  Council  adjourned  till  3  o  clock  in  the  afternoon. 


Wednesday  the  6th  day  of  December,  1758.  P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honotte  AKCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered  that  the  four  following  Bills  be  now  read  the  second  time  viz' 

The  Bill  Entituled  [An  Act  to  revive  An  Act  entituled  An  Act  for  the  better  apprehending 
and  securing  Deserters  from  his  Majesty's  Forces  in  North  America  with  additions  thereto] 

The  Bill  Entituled  [An  Act  to  empower  the  Justices  of  the  Peace  and  Aldermen  of  the 
Burrough  of  Westchester  County  in  Conjunction  with  the  Supervizors  of  the  said  County  to 
ascertain  and  h'x  the  Place  for  erecting  a  New  Court  House  and  Goal  for  the  said  County,  and 
for  raising  a  sum  not  exceeding  the  sum  of  one  thousand  pounds  on  the  Estates  re;\l  and 
personal  of  all  the  Freeholders  and  Inhabitants  of  the  said  County  for  and  towards  erecting  the 
said  Court  House  and  Goal. 

The  Bill  Entituled  [An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors 
retailed  in  this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and  fifty  nine 
to  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  and 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for  laying  an 
Excise  upon  all  Tea  of  foreign  Growth  retailed  within  this  Colony  with  additions  thereto.] 

Then  the  said  Bills  were  Read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  morning  11  o  clock. 


1758.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor  1347 

Thursday,  (he  seventh  day  of  December,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honobl>  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  an  Act  entituled  An  Act  for  erecting  and  establishing  a  Stamp  Office  in 
this  Colony  for  stamping  all  Vellum  Parchment  and  Paper  charged  wiih  the  several  duties 
therein  mentioned,  with  an  addition  thereto]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a,  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  revive  an  Act  entituled  An  Act  for  the  better  apprehending  and  securing  Deserters  from 
His  Majesty's  Forces  in  North  America  with  additions  thereto]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony 
from  the  first  day  of  January  one  thousand  seven  hundred  and  fifty  nine  to  the  first  day  of 
January  one  thousand  seven  hundred  and  sixty]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  entituled  An  Act  for  laying  an  Excise  upon  all  Tea  of  foreign 
Growth  retailed  within  this  Colony  with  additions  thereto]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

.   Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  An 
Act  to  empower  the  Justices  of  the  Peace  and  Aldermen  of  the  Burrough  of  Westchester 
County  in  Conjunction  with  the  Supervizors  of  the  said  County  to  ascertain  and  fix  the  Place 
for  erecting  a  New  Court  House  and  Goal  for  the  said  County  and  for  raising  a  sum  not  exceeding 
the  sum  of  one  thousand  pounds  on  the  Estates  Real  and  Personal  of  all  the  Freeholders  and 
Inhabitants  of  the  said  County  for  and  towards  erecting  the  said  Court  House  and  Goal]  And 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
hal  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  the  Bill 
Ordered  a  third  Reading. 


1348  Journal  of  the  Legislative  Council  of  New  York.  [HIE  s"™' 

A  Message  from  the  General  Assembly  by  Mr  Cornell  and  Mr  Miller  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  entituled  An  Act  for  billetting  and  quartering  his  Majesty's 
Forces  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. 

A  Message  from  the  General  Assembly  by  Mr  Verplanck  and  Mr  Nicoll  Desiring  this  House 
will  appoint  a  Committee  of  their  House  to  meet  and  join  a  Committee  of  the  General  Assembly 
at  such  time  and  place  as  this  House  shall  appoint  to  prepare  the  draft  of  a  Representation  to 
be  transmitted  to  his  Majesty  touching  the  Expence  of  this  Colony  in  furnishing  Provisions  for 
the  Forces  raised  by  this  Colony  in  the  year  one  thousand  seven  hundred  and  fifty  six  and 
touching  the  vast  Expence  the  Colony  has  been  put  to  this  present  year  one  thousand  seven 
hundred  and  fifty  eight  in  raising  Cloathing  and  Paying  their  Forces  for  carrying  the  war  into 
the  Enemy's  Country. 

Ordered,  that  Mr  Smith,  Mr  Watts  and  Mr  Walton  be  a  Committee  to  join  the  Committee  of 
the  General  Assembly  to  meet  at  the  House  of  Edward  Willefc  in  this  City  at  G  o  clock  this 
Evening. 

Ordered  that  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have 
appointed  Mr  Smith,  Mr  Watts  and  M1' Walton  a  Committee  of  their  House  to  join  the  Committee 
of  the  General  Assembly  to  prepare  the  draft  of  a  Representation  to  be  transmitted  to  his 
Majesty  touching  the  Expence  of  this  Colony  in  furnishing  Provisions  for  the  Forces  raised  by 
this  Cjlony  in  the  year  1756  and  touching  the  Expenca  the  Colony  has  bjen  put  to  this  present 
year  in  raising  Cloathing  and  paying  their  Forces  for  carrying  the  Warr  into  the  Enemy's 
Country  ;  ami  that  the  Council  have  appointed  that  the  said  Committee  should  meet  at  the 
House  of  Edward  Willet  in  this  City  at  0  o  clock  to  Morrow  Evening. 

A  Message  from  the  General  Assembly  with  the  Bill  Entituled  [Air  Act  for  laying  a  Duty 
on  Goods  sold  at  Vendue,  Auction  or  Outcry  within  the  City  and  County  of  New  York] 
Desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

The  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  morning  11  o  clock. 


Friday,  the  8'*  day  of  December,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobl6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  WALTON, 
JOHN  WATTS. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled,  [An  Act  to  continue  An  Act  Entituled  An  Act  for  billeting 
and  Quartering  his  Majesty's  Forces  within  this  Colony]  and  the  Bill  Entituled  [An  Act  for 
laying  a  Duty  on  Goods  sold  at  Publick  Vendue,  Auction  or  Outcry  within  the  City  and  County 
of  New  York]  he  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  by  Mr  Cornell  and  Mr  Seaman  with  the  Bill  Eniituled 
[An  Act  to  empower  and  enable  the  Supervizors  of  Queens  County  to  raise  by  Tax  on  all  Real 
and  personal  Estates  in  the  said  County  such  sum  or  sums  of  Money  as  they  shall  judge  necessary 
and  Expedient  for  Relieving  such  parts  of  the  said  County  as  are  burthened  with  the  Quartering 
his  Majesty's  Regular  Troops]  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. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Crueger  acquainting  the  Council 
that  the  General  Assembly  have  appointed  Mr  Verplank,  Col  Philipse,  Mr  Thomas,  Col  De  Lancey, 
and  themselves  to  be  a  Committee  to  meet  and  join  a  Committee  of  the  Council  at  the  time 
and  place  appointed  in  the  Message  of  the  Council  yesterday. 

The  Council  adjourned  till  Monday  Morning  eleven  o  clock. 


1758.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1349 

Monday,  the  11'*  day  of  December,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAJI  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  Philipse  and  Captn  Renselaer  with  the  Bill 
Entituled  [An  Act  to  empower  Justices  of  the  peace  to  try  causes  to  the  value  of  Five  pounds 
and  under  and  for  repealing  the  two  Acts  therein  mentioned]  with  the  amendment  made  thereto 
by  the  Council  acquainting  the  Council  that  the  General  Assembly  have  agreed  to  the  said 
Amendment  and  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  accoTdingly  amended. 

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Captain  Winne  with  the  Bill 
Entituled  [An  Act  for  the  payment  of  the  Salaries  of  the  several  OUicers  of  the  Government 
to  the  first  day  of  September  one  thousand  seven  hundred  and  fifty  nine  and  other  services 
therein  mentioned]  desireing  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  to  empower  and  enable  the  Supervizors  of  Queens 
County  to  raise  by  a  Tax  on  all  Real  and  personal  Estates  in  the  said  County  such  sum  or  sums 
of  Money  as  they  shall  Judge  Necessary  and  Expedient  for  relieving  such  parts  of  the  said 
County  as  are  burthened  with  the  Quartering  his  Majestys  Regular  Troops]  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  it  self  into  a  Committee  of  the  whole  House  on  the  said  Bill,  And  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  Whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Council  being  informed  that  Benjamin  Nicoll  Esqr  Councilor  at  Law  attended  without 
and  desired  to  be  admitted.  He  was  called  in  and  moved  that  he  might  have  leave  to  take  a 
Copy  of  the  Bill  Entituled  [An  Act  for  laying  a  Duty  on  Goods  sold  at  Publick  Vendue, 
Auction  or  Outcry  within  the  City  and  County  of  New  York.] 

Ordered,  that  he  have  leave  to  take  a  copy  of  the  said  Bill. 

The  Speaker  left  the  Chair  and 

Th'3  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  Au  Act  entituled  An  Act  for  billeting  and  Quartering  his  Majestys 
Forces  within  this  Colony]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committpc  of  the  whole  House  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  ths  Question  being  put  was  agreed  to  and  approved  of  and  the  Bill 

Ordered  a  third  reading. 

The  Council  adjournedlill  to  Morrow  Morning  eleven  o  clock. 


1350  Journal  of  the  Legislative  Council  of  New  York.  [Slu  s"!™' 

Tuesday,  tlie  12'A  day  of  December,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT —  The.  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  the  payment  of  the  Salaries  of  the  several 
Officers  of  the  Government  to  the  first  day  of  September  one  thousand  seven  hundred  and  fifty 
nine  and  other  services  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  it  self  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  Restrain  the  Feeding  and  burning  the  Grass  and  Cutting  the  Timber  on  certain  Beaches 
and  Islands  therein  mentioned]  and  after  some  lime  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Wednesday,  the  13'A  day  of  December,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT —  The,  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  regulate  the  Taxing  of  Real  and  personal  Estates 
in  the  City  and  County  of  New  York,  collecting  the  Taxes  and  for  preventing  disputes  between 
Landlords  and  their  Tenants]  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  further  to  continue  An  Act  entituled  An  Act  for 
erecting  and  establishing  a  Stamp  Office  in  this  Colony  for  stamping  all  Vellum,  Parchment  and 
Paper  charged  with  the  several  Duties  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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  amendment. 


1758.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1351 

Ordered,  that  the  Bill  entitnled  [An  Act  to  revive  An  Act  Entituled  An  Act  for  the  better 
apprehending  and  securing  Deserters  from  his  Majesty's  Forces  in  North  America  with 
Additions  thereto]  be  now  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

He-solved,  that  the  said  Bill  do  pass. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  empower  the  Justices  of  the  Peace  and  Aldermen 
of  the  Borough  of  Westchester  County  in  Conjunction  with  the  Supervizors  of  the  said 
County  to  ascertain  and  fix  the  place  for  erecting  a  New  Court  House  and  Goal  for  the  said 
County,  and  for  raising  a  sum  not  exceeding  the  Sum  of  One  thousand  Pounds  on  the  Estates 
Real  and  personal  of  all  the  Freeholders  and  Inhabitants  of  the  said  County  for  and  towards 
Erecting  the  said  Court  House  and  Goal]  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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

Ofdcrcil,  that  the  Bill  Entituled  [An  Act  to  regulate  the  Collecting  the  Duty  of  Excise  on 
Strong  Liquors  retailed  in  this  Colony  from  the  first  day  of  January  One  thousand  seven 
hundred  and  fifty  nine  to  the  first  day  of  January  one  thousand  seven  hundred  and  sixty]  be 
DOW  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Rcsolccd,  that  the  said  Bill  do  pass. 

Onlercd,  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  for 
laying  an  Excise  upon  all  Tea  of  Foreign  Growth  retailed  within  this  Colony  with  additions 
thereto]  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  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  for 
Billeting  and  Quartering  his  Majesty's  Forces  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. 

Ordcnd,  that  the  Bill  Entituled  [An  Act  to  empower  and  Enable  the  Supervizors  of  Queens 
County  to  raise  by  a  Tax  on  all  Real  and  personal  Estates  in  the  said  County  such  sum  or  sums 
of  Money  as  they  shall  Judjie  Necessary  arid  Expedient  for  Relieving  such  parts  of  the  said 
County  as  are  burthened  with  the  Quartering  his  Majesty's  Regular  Troops]  be  now  read  the 
third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolv/d,  that  the  said  Bill  do  pass. 

Onlcrr.d,  that  Mr  Horstnanden  do  acquaint  the  General  Assembly  that  the  Council  have 
passed  the  said  two  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  the  payment  of  the  Salaries  of  the  several 
Officers  of  the  Government  to  the  first  day  of  September  one  thousand  seven  hundred  and  fifty 
nine  and  other  services  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  to  restrain  the  Feeding  and  Burning  the  Grass  and 
Cutting  the  Timber  on  Certain  Beaches  and  Islands  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Snedeker  and  Mr  Walton  with  the  Bill 
Entituled  [An  Act  more  Effectually  to  prevent  the  Killing  of  Deer  and  fireing  the  Woods 
within  this  Colony]  desireing  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  to  morrow  morning  11  o  clock. 


1352  Journal  ol  the  Legislative  Council  of  New  York. 

Thursday,  the  14'A  day  of  December,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  more  effectually  to  prevent  the  killing  of  Deer  and 
fireing  the  Woods  within  this  Colony]  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  it  self  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

The  Council  adjourned  till  to  morrow  afternoon  three  o  clock. 


Friday,  the  15'A  day  of  December,  1758.   P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honotle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Smith  from  the  joint  Committee  of  the  Council  and  General  Assembly  Reported  that  the 
Committee  had  prepared  the  draft  of  a  Representation  to  His  Honour  the  Lieutenant  Governor 
which  he  read  in  his  Place  and  then  delivered  the  same  in  at  the  Table,  where  the  draft  was 
again  read  and  agreed  to. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  agreed  to 
the  draft  of  a  Representation  to  his  Honour  the  Lieutenant  Governor  prepared  by  the  joint 
Committee  of  both  Houses. 

A  Message  from  the  General  Assembly  by  Col  Ma  thews  and  Captain  Winne  acquainting  the 
Council  that  the  General  Assembly  have  agreed  to  the  draft  of  a  Representation  to  His  Honour 
the  Lieutenant  Governor  prepared  by  the  joint  Committee  of  both  Houses,  and  desire  the  same 
may  be  Engrossed. 

Ordered  that  the  said  Representation  be  engrossed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1758.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor  1353 

Saturday,  the  16"'  day  of  December,  1758. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The.  Hono1'1"  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  engrossed  Representation  to  his  Honour  the  Lieutenant  Governor  was  read  and 
approved  of  and 

Ordered,  to  be  signed  by  the  Speaker  and  being  signed  accordingly 

Ordered,  that  Mr  Walton  do  carry  the  same  to  the  General  Assembly  in  order  to  be  signed 
by  the  Speaker  of  that  House  and  acquaint  the  House  that  the  Council  have  appointed 
Mr  Smith  and  Mr  Watts  to  wait  on  his  Honour  the  Lieutenant  Governor  with  such  Members 
as  that  House  shall  appoint  in  order  to  lay  the  said  Representation  before  his  Honour  the 
Lieutenant  Governor. 

Ordered  that  the  Representation  be  entered  in  the  Minutes,  which  is  as  follows  viz' 

To  the  Honourable  JAMES  DELANCEY,  Esq  ;  his  Majesty's  Lieutenant  Governor,  and  Commander 
in  Chief,  in  and  over  the  Colony  of  New- York  and  the  Territories  depending  thereon 
in  America. 

The  REPRESENTATION  of  His  Majesty's  Council,  and  the  General  Assembly  of  the 
Province  of  New- York. 

Humbly  Shcweth, 

That  prior  to  the  Knowledge  of  his  Majesty's  gracious  Intentions  to  furnish  Provisions  for 
his  Provincial  Troops,  signified  in  a  Letter  from  the  Right  Honourable  Henry  Fox,  one  of  his 
Majesty's  principal  Secretaries  of  State  bearing  Date  the  thirteenth  of  March,  one  thousand 
seven  hundred  and  fifty  six,  this  Colony  did  furnish  Provisions  for  one  thousand  three  hundred 
and  fifteen  Men,  and  transported  the  said  Provisions  to  the  City  of  Albany,  Fort  Edward  and 
Fort  William  Henry,  which  Expence,  in  the  whole  amounted  to  Six  Thousand,  Nine  Hundred 
and  Fifty  One  Pounds,  Nine  Shillings  and  Three-farthings,  New- York  Money.  That  although 
Part  of  the  said  Expence  hath  been  paid  by  the  Contractors  with  the  Government  for  the 
Supply  of  the  Army  with  such  Provisions;  yet  other  Part  thereof,  amounting  to  the  Sum  of, 
Five  Thousand  Two  Hundred  and  Ten  Pounds  Eight  Shillings  and  Four-pence  Half-penny,  like 
Money,  which  had  been  expended  before  the  said  Contractors  had  taken  upon  themselves  the 
Duty  of  furnishing  such  Supplies,  doth  remain  unpaid. 

That  the  Colonies  of  the  Massachusetts  Bay  and  Connecticut  have  been  allowed  and 
reimbursed  by  his  Majesty,  for  all  the  Provisions,  together  with  the  Expences  of  Transportation, 
which  had  been  furnished  by  them  for  their  Provincial  Forces  within  that  Year. 

That  in  this  present  Year  one  thousand  seven  hundred  and  fifty  eight,  pursuant  to  his 
Miijesty's  Pleasure,  signified  by  thu  Right  Honourable  William  Pitt,  one  of  his  Majesty's 
principal  Secretaries  of  State,  in  a  Letter,  dated  the  thirtieth  of  December,  one  thousand  seven 
hundred  and  fifty  seven  ;  This  Colony  hath  raised,  cloathed  and  paid,  two  thousand  six  hundred 
and  eisjht}^  Men  (Officers  included)  which  have  been  employed  against  his  Majesty's  Enemies, 
which  Expence  by  Act  of  the  Legislature,  hath  caused  an  Emission  of  One  Hundred  Thousand 
Pounds  in  Paper  Bills  of  Credit,  which  was  the  only  Method  it  had  in  its  Power  to  answer  the 
present  Emergency ;  which  Sum  at  present  stands  charged  on  this  Colony,  to  be  paid  and  sunk 
by  Taxes  laid  on  the  real  and  personal  Estates  of  its  Inhabitants. 

That  of  the  said  Sum  of  Oae  Hundred  Thousand  Pounds,  there  has  been  expended  in 
Payment  and  Cloathing  of  ths  said  Troops  by  Oliver  Delancey,  Beverly  Robinson  and  John 
Cruger,  Esquires,  Paymasters  and  Commissaries  appointed  by  the  said  Act,  the  sum  of  Fifty 
Nine  Thousand  Pounds.  There  has  been  also  paid  to  the  several  Colonels,  Lieutenant  Colonels 
and  Majors,  to  enable  them  to  provide  themselves  Necessaries  for  the  present  Campaign, 
pursuant,  to  the  Directions  of  the  said  Act,  the  further  Sum  of  Four  Hundred  and  Sixty  Pounds  ; 
likewise  to  the  several  Captains  for  the  Bounty  allowed  by  the  said  Act  to  Persons  entering 
voluntarily  into  the  said  Service  and  for  the  Expences  of  Inlistment,  the  further  Sum  of 
Twenty  Seven  Thousand  and  Ninety  Four  Pounds.  All  which  Sums  have  been-paid  pursuant 
to  Warrants  drawn  by  your  Honour  in  Council. 

That  the  Residue  of  the  said  Sum  of  One  Hundred  Thousand  Pounds,  being  Thirteen 
Thousand,  Four  Hundred  and  Forty  Six  Pounds,  is  also  nearly  expended  in  the  Payment  of  the 

170 


1354  Journal  of  the  Legislative  Council  of  New  York.  [{Jill  &£& 

Militia  of  the  Counties  of  Albany,  Ulster,  Dutchess  and  Orange,  on  sundry  Alarms,  and  will  fall 
greatly  short  of  a  Sum  sufficient  to  pay  the  several  just  Demands  still  due  from  this  Colony,  to 
the  said  Counties  for  the  like  Services. 

Tliat  the  Troops  aforesaid,  were  in  the  Field  much  earlier  than  any  Troops  from  the  other 
Provinces,  and  were  im ployed  in  the  severe  Services  of  transporting  Provisions  in  Battoes  to 
Fort  Edward,  and  cutting  a  Road  from  thence  to  Fort  William  Henry. 

That  after  the  unhappy  Repulse  at  Ticonderoga  (in  which  many  of  them  fell)  the  Remainder 
were  sent  to  the  Oneida  Station,  and  out  of  them  were  taken  above  one  third  of  the  Army 
that  under  the  Command  of  Colonel  Bradstreet,  not  only  took  and  destroyed  Fort  Frontenac  at 
Cadaraqui,  with  the  vast  Stock  of  Provisions  and  warlike  Stores  lodged  there,  hut  also  every 
Vessel  the  Enemy  had  at  Lake  Ontario;  a  Service  that  reflects  as  much  Honour  on  the 
Troops  who  performed  it,  as  it  has  brought  Distress  on  the  Enemy's  Garrisons  to  the  Westward, 
which  from  that  Event  cannot  be  relieved  without  the  greatest  Labour  and  Hazard,  if  relieved 
at  all. 

That  the  Remainder  of  the  Troops  of  this  Province  were  imployed  in  Building  the  Oneida 
Fort;  and  being  rejoined  by  the  Detachment  under  Colonel  Bradstreet,  continued  in  that  Service, 
'till  the  same  Fort  was  finished,  in  the  latter  End  of  November  hist  ;  during  which  Campaign 
by  Reason  of  excessive  Fatigues,  laborious  Marches  and  the  Hardships  of  an  Incamprnent  in 
the  Wilderness  and  the  Want  of  Necessaries  suited  to  their  Diseases,  jzreat  Numbers  lost  their 
Lives,  and  at  the  Time  of  their  Discharge  were  found  to  be  greatly  reduced. 

That  the  Burthen  of  the  present  War  has  fallen  so  heavy  on  this  small  Colony,  that  the 
Number  of  Hands  employed  in  the  Battoe  Service  and  in  Land  Carriages  and  in  the  Provincial 
Troops,  has  been  so  great,  that  according  to  Computations  which  have  been  most  exact,  it 
appears  that  nearly  every  fifth  Man  in  the  Province  has  been  imployed  in  his  Majesty's  Service 
in  the  present  Campaign. 

Tint  the  Emission  of  Bills  of  Credit  within  this  present  Year,  together  with  former 
Emissions,  which  the  Exigencies  of  the  Colony  rendered  unavoidable,  have  so  grently  increased 
our  pubhck  Debts,  that  the  Paper  Currency  which  has  been  substituted  in  Lieu  of  ready 
Money,  for  making  of  immediate  Payments  is  in  great  Danger  of  being  depreciated,  and  the 
Colony  so  impoverished  by  the  Excessive  Weight  of  Taxes  already  laid  on  the  People,  that  we 
find  our  Abilities  far  short  of  our  Inclination  to  assist  in  any  future  Operations,  unless  we  are 
in  some  very  considerable  Degree  supported  by  the  Parliament  of  Great  Britain. 

For  such  Relief  we  are  encouraged  to  hope  not  only  from  his  Majesty's  gracious  Intentions 
declared  by  his  Secretaries  of  Suite  in  the  Letters  before  mentioned,  but  for  many  other 
Instances  of  the  Zeal  and  Forwardness  of  this  Colony  in  promoting  the  common  Cause  against 
his  Majesty's  Enemies  in  the  present  War. 

And  here  we  beg  Leave  to  remind  your  Honour,  that  in  the  Year  one  thousand  seven  hundred 
and  fifty  four,  we  transmitted  Five  Thousand  Pounds,  to  the  Government  of  Virginia,  to  assist 
that  Province  in  its  Defence  against  the  French  and  their  Indians,  which  they  had  gained  over 
to  their  Party. 

That  also  in  the  Year  one  thousand  seven  hundred  and  fifty  five,  this  Colony  appropriated  for 
the  general  Service,  a  further  Sum  of  Five  Thousand  Pounds,  the  greatest  Part  whereof  was 
applied  by  your  Honour,  at  the  Request  of  General  Braddock,  in  transporting  under  the 
Command  of  Captain  (now  Colonel)  Bradstreet  a  Number  of  regular  Troops  to  Oswego 
furnishing  Batteau's  for  that  Service,  and  subsisting  those  Troops  with  Provisions,  and  the 
Residue  of  the  said  Sum  has  been  applied  to  the  like  Purposes. 

That  also  this  Colony  within  that  Year  supported  eight  hundred  Provincial  Troops  at  Lake 
George  under  the  Command  of  Sir  William  Johnson.  Besides  these  Services  done  by  our 
Provincials,  the  Militia  of  the  Colony  were  exposed  to  frequent  Marches  on  Alarms  of  the 
Approach  of  the  Enemy,  in  different  Parts  of  the  Frontiers,  but  more  especially  by  the  Attack 
of  the  Enemy  under  the  Baron  Dieskau  at  Lake  George. 

That  in  the  same  Year,  this  Colony  also  contributed  Eight  Thousand  Pounds  to  the  Colony 
of  Connecticut,  to  assist  it  to  support  the  Troops  furnished  by  that  Colony. 

That  within  the  Year  one  thousand  seven  hundred  and  fifty  six,  this  Colony,  at  its  own 
proper  Charge,  besides  the  Expence  of  the  Provisions  aforesaid,  raised,  cloathed,  armed  and 
paid,  one  thousand  three  hundred  and  fifteen  Men,  for  his  Majesty's  Service. 

That  in  the  Year  one  thousand  seven  hundred  and  filly  seven,  pursuant  to  the  Requisition 
of  the  Earl  of  Loudoun,  this  Colony  raised,  cloathed  and  paid  one  thousand  Men,  which  was 
the  whole  Number  required  by  his  Lordship,  and  which  went  com  pleat  into  the  Field,  and 
continued  in  Service  'till  his  Lordship  disbanded  all  but  two  hundred  of  them,  who  were  kept 
in  Pay  of  this  Colony  at  his  Lordship's  Request,  to  act  in  Conjunction  with  the  regular- Troops 
during  the  following  Winter  Season.  But  here  it  becomes  our  Duly  to  acknowledge  his 
Majestys  Grace  and  Bounty  in  the  Gift  of  Fifteen  Thousand  Pounds  Sterling  which  enabled 
this  Colony  to  piy  great  Part  of  that  Expence. 

Within  this  same  Year,  the  whole  Militia  of  this  Colony  were  put  into  Motion,  and  a  large 
Proportion  of  them  sent  to  relieve  Fort  William  Henry  upon  the  Alarm  of  its  being  invested 
by  the  Enemy  and  did  not  return  'till  after  the  Surrender  of  that  Place. 


1758.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1355 

As  to  the  Proofs  of  the  Expences  of  this  Colony  in  furnishing  Provisions  in  the  Year  one 
thousand  seven  hundred  and  fifty  six,  and  the  Expences  of  this  present  Year,  as  far  as  they  have 
at  this  Time  come  to  our  Knowledge,  we  have  taken  Care  that  the  same  may  be  properly 
authenticated,  and  do  herewith  deliver  them  to  your  Honour. 

We  his  Majesty's  Council  and  the  Representatives  in  General  Assembly  for  this  Province  of 
New  York,  well  knowing  that  this  Province  from  its  commodious  Situation  on  the  Atlantick 
Ocean,  in  the  midst  of  all  the  British  Colonies,  and  its  inland  Navigation,  which  admits  of  an 
easy  Passage  from  Canada,  and  the  remotest  Lakes,  thro'  the  same  to  the  Ocean,  has  long 
been  the  Envy,  and  the  Conquest  of  it  the  Object  of  the  Ambiiion  of  France.  Hence  have 
sprung  the  many  Encroachments  which  have  been  made  by  the  French,  particularly  within 
this  Province  at  Crown  Point  and  Niagara;  their  unwearied  Endeavours  at  all  Times  to  corrupt 
and  alienate  the  Affections  and  Allegiance  of  our  Five  Nations  of  Indians  and  their  bloody 
Cruelties  repeatedly  committed  by  them  on  our  Frontiers. 

And  being  deeply  sensible  of  the  Justice  and  Necessity  of  the  present  War,  and  its  vast 
Importance  with  Regard  to  the  Freedom,  Sovereignty  and  Independency  of  Great-Britain 
itself,  should  these  American  Provinces  with  their  extensive  Territories,  commercial  Advantages 
and  numerous  Inhabitants,  unhappily  fall  under  the  Dominion  of  France;  we  have  exerted  our 
utmost  Strength  to  prevent  it,  and  chearfully  paid  all  the  Taxes  which  have  been  laid  upon  us, 
and  incurred  a  Debt,  which  in  our  weak  and  infant  State,  cannot  be  discharged  until  many 
future  Years  are  expired. 

Under  this  View  of  the  State  of  this  Colony,  we  humbly  hope,  that,  that  Part  of  the  Debts 
remaining  due  for  Provisions  in  the  Year  one  thousand  seven  hundred  and  fifty  six,  and  the 
present  Year's  Expence  (wherein  we  have  greatly  exceeded  our  Abilities,  in  Confidence  of  the 
Encouragement  given  by  his  Majesty)  will  be  reimbursed,  and  that  the  discharge  of  them  will 
be  provided  for  by  the  Parliament  of  Great  Britain. 

We  therefore  mast  humbly  beseech  your  Honour,  with  the  most  pressing  Instances  on  your 
Part,  to  lay  the  Case  of  this  Colony  before  his  Majesty,  that  the  Relief  which  we  have  been 
encouraged  to  hope  for,  may  be  graciously  obtained. 

By  Order  of  the  Council 

DANIEL  HORSMANDEN,  Speaker. 

City  of  New  York  By  Order  of  the  G.  Assembly 

the  10lb  December  175S.  DAVID  JONES,  Speaker. 

The  Council  adjourned  till  3  o'clock  Post  Meridiem. 


Saturday,  the  16"'  day  of  December,  1758.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Smith  reported  that  himself  and  Mr  Watts  had  according  to  order  waited  on  his  Honour 
the  Lieutenant  Governor  and  presented  to  him  the  Representation  of  the  Council  and  General 
Assembly,  and  that  his  Honour  had  been  pleased  to  say  he  would  transmit  the  same  to  his 
Majesty's  Ministers  to  be  laid  before  his  Majesty. 

His  Honour  the  Lieutenant  Governor  having  signifyed  to  the  Council  that  he  proposed  giving 
his  Assent  to  the  Bills  prepared  for  it  this  afternoon  at  his  House  in  the  Bowry  Lane. 

The  Council  therefore  went  to  his  Honour's  said  Residence,     Where  being  met 

His  Honour  the  Lieutenant  Governor  sent  a  Message  by  the  Deputy  Secretary  requiring  the 
immediate  attendance  of  the  General  Assembly  at  the  Council  Chamber  at  his  Honour's 
Residence  and  the  General  Assembly  attending  accordingly 

His  Honour  was  pleased  to  give  his  Assent  to  seventeen  Bills  the  Titles  whereof  are  as  follow 
viz1 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  the  Government  to  the  first 
day  of  September  one  thousand  seven  hundred  and  fifty  nine  and  other  services  therein 
mentioned. 


1356  Journal  of  the  Legislative  Council  of  New  York. 

An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony 
from  the  first  day  of  January  one  thousand  seven  hundred  and  fifty  nine  to  the  first  day  of 
January  one  thousand  seven  hundred  and  sixty. 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  Erecting  and  establishing  a  Stamp 
Office  in  this  Colony,  for  stamping  all  Vellum  Parchment  and  Paper  charged  with  the  several 
Duties  therein  mentioned  with  an  Addition  thereto. 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  laying  an  Excise  upon  all  Tea  of 
foreign  Growth  retailed  within  this  Colony  with  additions  thereto. 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  regulating  the  Militia  of  the  Colony 
of  New  York  together  with  the  two  Acts  therein  mentioned  respecting  the  regulating  the 
Militia  of  New  York  with  an  addition  thereto. 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  Billeting  and  Quartering  his 
Majestys  Forces  within  this  Colony. 

An  Act  to  revive  An  Act  entituled  An  Act  for  the  better  apprehending  and  securing  Deserters 
from  his  Majestys  Forces  in  North  America  with  additions  thereto. 

An  Act  to  Empower  Justices  of  the  Peace  to  try  Causes  to  the  value  of  five  pounds  and 
under. 

An  Act  further  to  continue  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  more  effectually  to  prevent  the  killing  of  Deer  and  fireing  the  Woods  within  this 
Colony. 

An  Act  to  regulate  the  taxing  of  Real  and  personal  Estates  in  the  City  and  County  of  New 
York,  collecting  the  Taxes,  and  for  preventing  disputes  between  Landlords  and  their  Tenants. 

An  Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York 
for  the  time  being  or  the  major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  twelve 
hundred  pounds,  by  a  Tax  on  Estates  real  and  personal  in  the  said  City. 

An  Act  to  revive  An  Act  entituled  An  Act  for  raising  by  a  Publick  Lottery  the  sum  of  one 
thousand  one  hundred  and  twenty  five  pounds  for  the  use  of  the  Corporation  of  the  City  of 
Albany. 

An  Act  to  empower  the  Justices  of  the  Peace  and  Aldermen  of  the  Borrough  of  Westchester 
County  in  conjunction  with  the  Supervizors  of  the  said  County  to  ascertain  and  fix  the  Place 
for  erecting  a  new  Court  House  and  Goal  for  the  said  County,  and  for  raising  a  sum  not 
exceeding  the  sum  of  one  thousand  pounds  on  the  Estates  Real  and  Personal  of  all  the 
Freeholders  and  Inhabitants  of  the  said  County,  for  and  towards  Erecting  the  said  Court  House 
and  Goal. 

An  Act  to  empower  and  enable  the  Supervizors  of  Queens  County  to  raise  by  a  Tax  on  all 
Real  and  Personal  Estates  in  the  said  County  such  sum  or  sums  of  money  as  they  shall  judge 
necessary  and  expedient  for  Relieving  such  parts  of  the  said  County  as  are  burthened  with  the 
Quartering  his  Majestys  Regular  Troops. 

An  Act  to  restrain  the  feeding  and  burning  the  Grass  and  Cutting  the  Timber  on  certain 
Beaches  and  Islands  therein  mentioned. 

After  which  the  said  Acts  were  published  and  his  Honour  the  Lieutenant  Governor,  the 
Council  and  the  General  Assembly  being  returned  into  the  Council  Chamber,  His  Honour 
addressing  himself  to  the  Speaker  of  the  General  Assembly,  said 

M1'  Speaker  and'  Gentlemen  of  the  Assanbly, 

I  intend  now  to  dissolve  this  General  Assembly,  not  from  any  distaste  of  their  Proceedings 
On  the  contrary  I  take  this  Publick  Occasion  of  thanking  them,  and  declaring  that  I  think  they 
have  done  a  Great  deal  for  the  service  of  their  King  and  of  their  Country,  and  that  you  merit  the 
approbation  and  thanks  of  your  constituents.  But  as  his  Majesty's  Commands  for  the  operations 
of  the  ensuing  year  against  the  Enemy,  are  not  yet  come  over,  and  probably  will  not  arrive 
here  till  near  the  time  when  this  Assembly  must  expire  by  the  Limitation  of  the  Septenial  Act, 
in  which  event,  if  this  Aseembly  could  not  during  their  Continuance  go  through  the  Business 
then  to  be  recommended  to  them,  the  Publick  service  would  be  delayed  and  perhaps 
disapointed. 

I  have  therefore  thought  fit  to  dissolve  this  General  Assembly  and  I  do  by  and  with  the 
Advice  and  Consent  of  his  Majestys  Council  DISSOLVE  this  present  General  Assembly,  and  they 
are  DISSOLVED  accordingly.  And  I  shall  immediately  seal  Writts  calling  a  new  one  to  meet  as 
soon  as  the  Law  allows. 


1758.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1357 

[  N.  Y.  Col.  MSS.,  LXXXVI.,  145.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  in  pursuance  of  his  Majesty's  Writts  bearing  date  the  sixteenth  day  of  December 
last,  the  Representatives  to  be  chosen  by  virtue  of  the  said  Writts  are  to  be  and  appear  at  the 
City  of  New  York  on  Fnjdaij  the  iivennj  sixth  day  of  January  Instant  to  assist  in  a  General 
Assembly  to  be  then  and  there  held  for  the  said  Province.  I  have  thought  fit  for  his  Majesty's 
Service  to  prorogue  the  said  General  Assembly  and  I  do  by  and  with  the  Advice  of  his  Majesty's 
Council  prorogue  the  said  General  Assembly  to  Wednesday  the  thirty  first,  day  of  January  Instant 
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  twenty  sixth  day  of  January  1759  in  the  thirty  second  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR  D.  SHcry. 

God  save  the  KING. 


TWENTY-EIGHTH  ASSEMBLY     FIRST  SESSION 

At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York 
begun  and  holden  at  the  City  Hall  of  the  City  of  New  York  on  Wednesday  the  31s' 
day  of  January  1759  in  the  thirty  second  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. 

The  Honohle  James  De  Lancey  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in 
Chief  in  and  over  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America 
having  been  pleased  on  Saturday  the  sixteenth  day  of  December  last  to  Dissolve  the  General 
Assembly  of  the  said  Province  Writts  were  Issued  for  electing  Representatives  to  serve  in  a 
new  one  returnable  the  twenty  sixth  Instant.  But  his  Honour  the  Lieutenant  Governor  having 
by  advice  of  his  Majesty's  Council  on  that  day  issued  a  Proclamation  prorogueing  the  General 
Assembly  until  this  day. 

The  Council  met  accordingly. 

PRESENT  —  The  Honoljle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  Deputy  Secretary  requiring  the  immediate  attendance  of  such  Members  of  the  General 
Assembly  as  were  qualified. 

Seventeen  members  appearing  accordingly  His  Honour  was  please;!  to  order  them  to  return 
to  the  Assembly  Chamber  and  chuse  a  Speaker  and  present  him  for  his  approbation  at  4  o  clock 
to  morrow  afternoon. 

His  Honour  then  left  the  Council  Chamber. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Afternoon  4  o  clock. 


Thursday,  the  first  day  of  February,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber,  seventeen  members 
of  the  General  Assembly  who  were  Qualified  attended  in  pursuance  of  his  Honour's  Directions 
yesterday  and  presented  William  Nicoli  Esqr  as  their  Speaker  for  his  Honour's  approbation 
Who  was  pleased  to  approve  of  the  said  William  Nicoli  as  Speaker. 

The  said  Speaker  then  addressing  himself  to  his  Honour  the  Lieutenant  Governor,  made  a 
short  apology  Expressing  his  sense  of  his  own  inabilities,  and  desiring  his  Honour  to  direct 
another  Choice,  which  being  refused  by  his  Honour,  Mr  Speaker  in  behalf  of  the  whole  House 
desired  that  their  words  and  actions  might  always  have  a  favourable  construction,  that  the 
Members  might  from  time  to  time,  have  free  Access  to  his  Honour,  and  that  they  and  their 
servants  might  be  priviledged  and  protected  as  usual  To  which  his  Honour  was  pleased  to  say 
That  their  Words  and  Actions  should  always  have  a  favourable  Construction  with  him,  and  that 
all  their  Just  Rights  and  priviledges  should  be  maintained. 


1759.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1359 

His  Honour  the  Lieutenant  Governor  was  then  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 
Copy  to  the  Speaker  of  the  General  Assembly. 

His  Honour  then  returned  to  his  Residence. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  his  Honour  the  Lieutenant  Governor  Speech  be  read.  And  being  read 
accordingly  it  was 

Ordered  to  be  entered  in  the  minutes  and  is  as  follows. 

Gentlemen  of  the  Council  and  General  Assembly, 

I  take  this  Opportunity  of  our  first  Meeting  to  congratulate  you  on  the  Success  of  his 
Majesty's  Forces  under  the  Command  of  Brigadier  General  Forbes,  who  after  many  Difficulties 
anil  Disappointments,  oblid.u'd  the  Enemy  to  abandon  and  destroy  Fort  Duquesne.  An  Event 
which  restores  a  large  and  extensive  Territory  to  his  Majesty's  Subjection,  and  will  reestablish 
and  strengthen  the  British  credit  in  those  Parts. 

I  thought  it  proper  you  should  meet  at  this  Time,  being  in  daily  Expectation  of  receiving 
his  Majesty's  Commands  with  Regard  to  the  Opetations  against  the  Enemy  next  Season.  As 
these  are  not  yet  come,  I  shall  recommend  to  you,  some  few  Things  which  appear  to  me  to  be 
for  the  publick  Utility,  and  to  merit  your  Consideration. 

In  all  trading  Places  which  are  difficult  of  Access,  as  this  Port  is,  it  is  expedient  that  the 
Pilots  and  their  Pilotage  be  regulated  by  Law.  This  is  now  more  especially  necessary,  when 
his  Majesty's  Service  must  lead  many  of  his  own  Ships,  as  well  as  others  taken  up  for  his 
Use,  to  this  Port.  You  will  therefore  revive  the  Law  for  this  Purpose,  which  expired  the  first 
of  last  Month,  with  any  Additions  that  may  be  judged  needful. 

The  Act  for  impressing  Horses,  Carriages,  &c.  to  carry  on  his  Majesty's  Service  in  this 
Province,  should  be  revised  and  modell'd  in  such  Manner  as  to  make  it  effectual,  and  at  the 
same  Time  to  guard  against  any  abuses. 

When  the  Labour  of  every  Subject  is  so  valuable  to  the  publick  as  it  now  is,  the  Liberty  of 
their  Persons  becomes  more  immediately  the  Object  of  the  Legislature.  In  this  View,  I 
recommend  to  you  the  preparing  a  Bill  for  preventing  frivolous  and  vexatious  Arrests,  or  any 
other  that  may  answer  so  salutary  an  End. 

Gentlemen  of  the  General  Assembly, 

Some  Expences  have  accrued  the  last  Year,  for  the  necessary  Dafence  of  the  Counties  of 
Ulster  and  Orange  against  the  Incursions  of  the  Indians,  which  should  be  provided  for,  as  also 
any  other  Debts  of  the  Government. 

Gentlemen  of  the  Council  and  General  Assembly, 

Nothing  can  be  a  stronger  Proof  of  the  Wisdom  of  a  Legislature  than  providing  for  the  future 
Security  and  Prosperity  of  their  Country.  I  therefore  recommend  it  to  you  seriously  to 
consider  of  some  Plan,  for  forming  under  proper  Regulations,  strong  Settlements  on  the 
Frontiers.  We  have  rich  and  very  valuable  L  inds  on  the  Borders  of  this  Province,  and  should 
avail  ourselves  of  the  Advantages  which  may  offer  at  the  End  of  the  War,  to  promote  and 
encourage  such  Settlements  as  may  be  a  Barrier  to  us  against  the  Enemy.  We  may  rely  on 
his  Majestys  Countenancing,  any  well  concerted  Measure  for  this  Purpose,  and  have  Reason  to 
hope  for  his  royal  Aid  and  Assistance  to  carry  it  into  Execution.  We  have  severely  felt  in  the 
Beginning  of  this  War  the  Effects  of  former  Inattention.  Lay  therefore,  the  Foundations  of 
future  Security  now,  when  these  are  fresh  in  your  Memories,  to  prevent  the  like  evil  Effects 
hereafter. 

Gentlemen, 

These  are  the  Matters  that  have  occurred  to  me,  as  fitting  to  be  recommended  to  you.     Any 
Bills  you   shall    prepare,  will  have  their  due   Weight  with   me,  as  I  can   have  no   Motive  to 
influence  my  Conduct,  but  the  Duty  I  owe  to  the  King,  and  the  Service  of  the  Country. 
New  York  1st  February  1759.  JAMES  DE  LANCEY. 

Ordered,  that  his  Honours  Speech  be  forthwith  printed. 

Mr  Chambers  then  moved  that  an  humble  address  might  be  presented  by  this  House  to  his 
Honour  the  Lieutenant  Governor  in  Answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to 

Resulted,  that  an  humble  Address  be  presented  to  his  Honour  accordingly. 

Ordered,  that  Mr  Horsmanden  Mr  Chambers  and  Mr  Watts  be  a  Committee  to  propose  a  draft 
of  the  said  Address  and  that  they  do  prepare  and  bring  in  the  same  to  Morrow  Afternoon. 

The  Council  adjourned  til  to  Morrow  Afternoon  4  o  clock. 


1360  Journal  of  the  Legislative  Council  of  New  York.  [Tts'S: 

Friday,  the  2rl  day  of  February,  1759.  P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonollU  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  from  the  Committee  appointed  to  prepare  the  draft  of  an  Address  to  his 
Honour  the  Lieutenant  Governor  reported  that  the  Committee  had  prepared  a  draft  thereof 
which  he  read  in  his  Place  and  then  delivered  the  same  in  at  the  Table,  where  it  was  again  read, 
and  being  agreed  to  was 

Ordered  to  be  Engrossed. 

The  Engrossed  Address  to  his  Honour  the  Lieutenant  Governor  was  read  and  approved  of. 

Ordered,  that  the  Speaker  sign  the  said  engrossed  Address. 

And  the  Speaker  having  signed  the  said  Address 

Ordered,  that  Mr  Chambers  and  Mr  Watts  do  wait  on  his  Honour  the  Lieutenant  Governor 
and  desire  to  know  when  he  will  be  pleased  to  be  attended  with  the  humble  Address  of  the 
Council. 

The  said  Gentlemen  being  returned  Reported  that  they  had  waited  on  his  Honour  with  the 
said  Message  and  that  he  had  been  pleased  to  say  he  would  receive  the  Council's  Address  to 
Morrow  at  12  o  clock  at  the  City  Hall. 

The  Council  adjourned  till  to  Morrow  twelve  o  clock. 


Saturday,  the  third  day  of  February,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Ilono1'16  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  and  the  Gentlemen  of  the  Council  retired  into  another  lloom  to  present  their 
Address  to  his  Honour  the  Lieutenant  Governor  and  being  returned 

The  Speaker  resumed  the  Chair  and 

Reported  that  having  with  the  Council  attended  his  Honour  the  Lieutenant  Governour  and 
read  and  presented  to  him  the  Councils  Address  His  Honour  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  the  Horiollle  JAMES  DE  LANCEY  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  in  and  over  the  Province  of  New  York  and  the  Territories  depending  thereon 
in  America. 

The  humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour, 

We  his  Majesty's  most  Dutiful  and  Loyal  Subjects  the  Council  of  this  Province  of  New  York 
return  your  Honour  our  thanks,  for  your  Speech,  and  heartily  rejoice  with  you  on  the  success 
of  his  Majesty's  Forces,  under  the  Command  of  Brigadier  General  Forbes,  at  Fort  Duquesne, 
which  restores  so  extensive  &  valuable  a  part  of  his  Majesty's  Territories  (most  unjustly 
Encroach'd  upon  by  the  French  in  the  time  of  profound  Peace)  and  which  we  doubt  not  will 
reestablish  the  British  Credit  and  Influence  in  those  parts. 

We  beg  leave  to  assure  your  Honour,  our  Endeavours  shall  not  be  wanting  to  forward  the 
several  matters  recommended  in  your  Speech,  and  particularly  that  important  concern  of 


1759.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1361 

preparing  to  make  strong  Settlements  on  our  Frontiers  when  the  war  shall  End.  a  matter  highly 
worthy  of  the  Attention  of  the  Legislature,  and  we  doubt  not  of  his  Majesty's  Gracious  Aid  in 
so  Salutary  a  Measure  for  the  Safety  and  Prosperity  of  these  Colonies. 

By  order  of  the  Council, 

City  of  New  York  ARCH"  KENNEDY,  Speaker. 

2d  of  February  1759. 

His  Honour  THE  LIEUTENANT  Gov*3   Answer. 

Gentlemen, 

I  thank  you  for  this  Address  and  the  Assurances  you  give  me  of  your  forwarding  the  several 
Matters  recommended  to  you,  especially  that  important  one  which  so  nearly  concerns  the  future 
Prosperity  of  this  Country. 

City  of  New  York  JAMES  DE  LANCEY. 

3d  February  1759. 

Ordered,  that  the  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Thursday  next  the  8th  Instant  at  11  o  clock. 


Thursday,  the  eighth  day  of  February,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Smith  moved  that  as  his  Honour  the  Lieutenant  Governor  had  been  pleased  to  recommend 
to  the  Council  and  General  Assembly  "seriously  to  consider  of  some  Plan  for  forming  under 
proper  Regulations  strong  Settlements  on  the  Frontiers  which  may  be  a  Barrier  to  us  against 
the  Enemy"  a  Committee  of  this  House  might  be  appointed  to  take  that  matter  into 
consideration,  and  that  the  General  Assembly  should  be  desired  to  appoint  a  Committee  of  their 
House  to  join  the  Committee  of  the  Council. 

Which  motion  being  seconded  and  agreed  to 

Ordered,  that  Mr  Horsmanden,  Mr  Chambers,  Mr  Smith,  Mr  Watts  and  Mr  Walton  or  any  three 
or  more  of  them  be  and  they  are  hereby  appointed  a  Committee  for  the  purposes  aforesaid. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  appointed 
Mr  Horsmanden,  Mr  Chambers,  Mr  Smith,  Mr  Watts  and  Mr  Walton  or  any  three  or  more  of 
them  a  committee  to  take  into  Consideration  that  part  of  his  Honour  the  Lieutenant  Governors 
Speech,  wherein  his  Honour  is  pleased  to  recommend  to  the  Council  and  General  Assembly 
"seriously  to  consider  of  some  Plan  for  forming  under  proper  Regulations,  strong  settlements 
on  the  Frontiers  which  may  be  a  barrier  to  us  against  the  Enemy."  And  to  report  their  opinion 
as  to  what  they  shall  judge  expedient  to  be  done  thereupon.  And  that  the  Council  desire  the 
General  Assembly  will  appoint  a  Committee  of  their  House  to  meet  and  join  the  Committee  of 
the  Council  for  the  purpose  aforesaid. 

The  Council  adjourned  till  Thursday  the  15  Instant  at  11  o  clock  in  the  morning. 


Thursday,  the  15'*  day  of  February,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Miller  acquainting  the  Council 
that  the  General  Assembly  have  appointed  Col°  De  Lancey,  Mr  Verplanck,  Col°  Seaman,  Captain 
171 


1362  Journal  of  the  Legislative  Council  of  New  York.  [lit  a''.™.1 

Seaman,  Col°  Haasbrouck,  Mr  Walton,  Mr  Wm  Livingston,  JPLispenarcl,  Col°  Philips  and  Alderman 
Livingston  or  the  major  part  of  them  a  Committee  to  meet  and  join  the  Committee  appointed 
by  the  Council  at  such  time  and  place  as  they  shall  appoint  to  take  into  Consideration  that  part  of 
bis  Honour  the  Lieutenant  Governor's  Speech  wherein  his  Honour  is  pleased  to  recommend  to  the 
Council  and  General  Assembly  "seriously  to  consider  of  some  Plan  for  forming  under  proper 
Regulations  strong  settlements  on  the  Frontiers  which  may  be  a  Barrier  to  us  ngainst  the 
Enemy"  and  to  report  their  opinion  as  to  what  they  shall  judge  expedient  to  be  done  thereupon. 

Ordered,  that  the  said  Joint  Committee  of  the  Council  and  General  Assembly  do  meet  to 
morrow  afternoon  at  six  o  Clock  at  the  House  of  Edward  Willet  in  this  City  :  that  they  have 
Power  to  send  for  persons  t'upers  and  Records,  and  to  adjourn  from  day  today  and  to  any  other 
Place  as  they  shall  see  occasion. 

Ordered,  that  the  Honoble  William  Walton  Esquire  do  acquaint  the  General  Assembly  that  the 
Council  have  appointed  that  the  joint  Committees  of  the  Council  and  General  Assembly  do 
meet  to  morrow  afternoon  at  six  o  Clock  at  the  House  of  Edward  Willet  in  this  City:  and  that 
the  Council  have  empowered  their  Committee  to  adjourn  from  day  to  day  and  to  any  other 
Place  as  they  shall  find  occasion,  and  to  send  for  Persons  Papers  and  Records. 

A  Message  from  the  General  Assembly  by  Captain  Lispenard  and  Mr  Verplanck  with  the  Bill 
Entituled  [An  Act  for  regulating  the  Pilots  and  establishing  their  Pilotage  between  Sandy 
Hook  and  the  Port  of  New  York  and  other  purposes  therein  mentioned]  desireing  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  clock. 


Friday,  the  16'A  day  of  February,  1759. 
The  Council  met  according  to  adjournment. 

PBESENT —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col.  De  Lrmcy  and  Alderman  Livingston  with  the 
Bill  Entituled  [An  Act  to  enable  the  M.iyor  Recorder  and  Aldermen  of  the  City  of  New  York, 
the  Miyor  it-conler  and  AHermen  of  the  City  of  Albany,  and  the  M;iyor  Recorder  and 
Aldermen  of  the  Birough  of  Westchester,  severally  to  determine  Causes  of  five  pounds  and 
under  within  their  several  Districts  desireing  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  Thursday  next  at  11  o  clock  in  the  morning. 


Thursday,  the  20'*  day  of  February,  1759. 
Tho  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON. 

The  Speaker  assumed  the  Chair. 

Mr   Banyar  Deputy  Secretary  brought   to    the   Council    a  Message  from    his   Honour   the 
.Lieutenant  Governor  which  was  read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows. 

Gentlemen, 

I  have  now  the  Pleasure  to  acquaint  you,  that  I  have  received  the  Commands  of  our  most 
i  ivmg,  ever  attentive  to  the  Welfare  and  lasting  Prosperity  of  all  his  Subjects,  relative 


1759.]  The  Hon.  James  De  Lanccy,  Esq:  Lieut.  Governor.  1363 

to  the  Operations  of  the  approaching  Campaign,  by  Letter  bearing  Date  the  9th  of  December, 
from  the  Right  Honourable  Mr  Secretary  Pitt,  signifying  that  his  Majesty  having  nothing  so 
much  at  Heart  as  to  improve  the  great  and  important  Advantages  gained  last  Campaigne,  as 
well  as  to  repair  the  Disappointment  at  Tionderoga,  and  by  (he  most  vigorous  and  extensive 
Efforts  to  avert,  by  the  Blessing  of  God,  on  his  Arms,  all  Dangers  which  may  threaten 
North  America,  from  any  future  Irruptions  of  the  French.  And  that  the  King  not  doubting 
that  all  his  faithful  and  brave  Subjects  here,  will  chearfully  co-operate  with  and  second  to  the 
utmost,  the  large  Expcnce  and  extraordinary  Succours  supplied  by  Great-Britain  for  their 
Preservation  and  Defence:  And  his  Majesty  considering  that  the  several  Provinces  in  particular 
from  Proximity  and  Accessibility  of  Situation,  more  immediately  obnoxious  to  the  main 
Irruptions  of  the  Enemy  from  Canada,  are  of  themselves  well  able  to  furnish,  at  least  twenty 
thousand  Men,  to  join  a  Body  of  the  British  Forces  for  invading  Canada,  and  currying  War  into 
the  Heart  of  the  Enemys  Possessions :  And  his  Majesty  not  judging  it  expedient  to  limit  the  Zeal 
and  Ardour  of  any  of  his  Provinces,  by  making  a  Repartition  of  the  Force  to  be  raised  by  each 
respectively  for  this  most  important  Service:  It  is  his  Majesty's  Pleasure  that  I  should 
forthwith  use  my  utmost  Endeavours  and  Influence  with  you,  to  raise  with  all  possible  Dispatch 
within  this  Government,  as  large  a  Body  of  Men  as  you  did  the  last  Year,  and  even  as  many 
more  as  the  Number  of  its  Inhabitants  may  allow;  to  be  formed  into  Regiments,  and  to  hold 
themselves  in  Readiness  as  early  as  may  be,  to  march  to  the  Rendezvous  which  his  Majesty's 
Commander  in  Chief  in  North-America  shall  appoint,  in  order  to  proceed  from  thence  in 
Conjunction  with  a  Body  of  the  King's  British  Forces  and  under  the  supreme  Command  of  his 
Majesty's  Commander  in  Chief  in  America,  so  as  to  be  in  a  Situation,  to  begin  the  Operations 
of  the  Campaign  as  soon  as  possible,  by  attempting  to  make  an  Irruption  into  Canada,  in  such 
Way  and  according  to  such  Circumstances  as  his  Majesty's  Commander  in  Chief  shall  judge 
most  effectual ;  And  the  better  to  facilitate  this  important  Service,  the  King  is  pleased  to  leave 
it  to  me  to  issue  Commissions  to  such  Gentlemen  of  this  Province  as  I  shall  judge  from  their 
Weight  and  Credit  with  the  People,  and  their  Zeal  for  the  publick  Service,  may  be  best 
disposed  and  able  to  quicken  and  effectuate  it ;  the  whole  Forces,  when  joined,  to  be  under 
a  due  Subordination  to  his  Majesty's  Commander  in  Chief:  And  all  Officers  as  high  as  Colonels, 
inclusive,  for  their  Encouragement,  are  to  have  rank  according  to  their  several  respective 
Commissions,  agreeable  to  the  Regulations  contained  in  his  Majesty's  Warrant  of  the  30th 
of  December,  1757. 

The  King  is  also  pleased  to  furnish  all  the  Men  so  raised,  with  Arms,  Ammunition  and  Tents, 
as  well  as  to  order  Provisions  to  be  issued  to  them  by  his  Majesty's  Commissaries,  in  the  same 
Proportion  and  Manner,  as  is  done  to  the  rest  of  the  Kings  Forces.  A  sufficient  Train  of 
Artillery  will  be  provided  for  the  Operations  of  the  Campaign.  Boats  and  Vessels  necessary 
for  the  Transportation  of  the  Army  on  this  Expedition,  will  also  be  provided  at  the  Kings 
Charge.  The  whole  therefore  that  his  Majesty  expects,  and  requires  from  the  several  Provinces, 
is  the  levying,  cloathing  and  paying  of  the  Men:  And  on  those  Heads  also,  that  no  Encouragement 
may  be  wanting  to  tins  great  and  salutary  Attempt,  the  King  is  furthermost  graciously  pleased 
to  permit  the  Right  Honourable  Mr.  Secretary  Pitt  to  acquaint  me,  that  strong  Recommendations 
will  be  made  to  Parliament,  in  their  Session  next  Year,  to  grant  a  proper  Compensation  for 
such  Expences  as  above,  according  as  the  active  Vigour  and  strenuous  Efforts  of  the  respective 
Provinces,  shall  justly  appear  to  merit. 

I  am  also  to  inform  you,  that  similar  Orders  are  sent  by  the  same  Conveyance,  to  New- 
Hampshire,  Massachusetts  Bay,  Rhode  Island,  Connecticut  and  New  Jersey.  The  Southern 
Governments  are  also  directed  to  raise  Men  in  the  same  Manner,  to  be  imployed  in  such 
offensive  Operations,  as  the  Circumstances  and  Situation  of  the  Enemies  Posts  in  those  Parts 
may  point  out,  which  it  is  hoped,  will  oblige  them  to  divide  their  Attention  and  Forces,  as 
will  render  the  several  Attempts  more  easy  and  successful. 

Gentlemen, 

This  is  what  I  had  to  lay  before  you  by  his  Majesty's  Command  ;  and  can  any  Thing 
animate  your  Zeal,  on  this  important  Occasion  mure  than  the  Consideration  that  the  large 
Expense  and  extraordinary  Succours  of  your  Mother  Country  have  nothing  else  for  their 
Object,  than  to  avert  all  Dangers  that  may  threaten  you  from  any  future  Attempts  of  ihe 
French?  You  will  therefore,  with  Alacrity  second,  to  the  utmost,  Measures  calculated  for  your 
own  Defence  and  Preservation. 

The  King  is  carrying  on  a  War  in  Europe  to  maintain  the  protestant  Religion,  and  defend 
the  common  Cause  of  Liberty  and  Independency.  In  which  he  is  chearfully  and  vigourously 
supported  by  the  united  Voice  of  his  People,  manifested  in  the  Addresses  of  the  Lords  and 
Commons.  Let  the  same  Spirit  which  actuates  them,  animate  you,  that  we  may  proceed  with 
the  utmost  Application  and  Dispatch  in  this  urgent  and  decisive  Crisis  :  I  do  therefore,  most 
earnestly  recommend  to  you,  that  you  will  immediately  set  about  this  necessary  Work,  and 
come  to  speedy  and  vigorous  Resolutions,  that  there  may  be  no  delay  on  our  Parts,  and  that 
the  Forces  of  this  Province  may  be  ready  to  attend  his  Majesty's  Commander  iu  Chief, 
whenever  he  shall  begin  his  Operations. 


1364  Journal  of  the  Legislative  Council  of  New  York. 

The  Success  of  his  Majesty's  Arms  by  the  Blessing  of  God  in  the  Reduction  of  the  strong 
Fortress  of  Louisburgh,  under  the  Conduct  of  his  Excellency  General  Amherst,  I  look  upon  as 
a  hanpv  Presage,  by  the  same  divine  Blessing  of  future  Success  under  his  Direction :  may  you 
then,  and  the  "other  Northern  Colonies,  so  strengthen  his  Hands,  as  to  enable  him  to  remove 
the  Enemy  at  such  a  Distance,  that  we  may  never  hereafter  dread  their  Attempts  or  cruel 
Irruptions. 

Gentlemen, 

I  am  sensible  of  your  Loyalty  and  Duty  to  his  Majesty,  and  am  persuaded  you  will  give 
Proofs  thereof  at  this  Crisis. 

I  send  you  a  Copy  of  General  Amhersts  Letter  to  me,  of  the  16lh  Instant. 

City  of  New  York   '  JAMES  DE  LANCEY. 

19'h  February  1759. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Wednesday,  the  21"  day  of  February,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUt  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered  that  the  Bill  Entituled  [An  Act  for  regulating  the  Pilots  and  establishing  their 
Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  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  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  Friday  the  2d  day  of  March  next  at  11  o  clock  in  the  morning. 


Friday,  the  second  day  of  March,  1759. 
The  Council  met  According  to  Adjournment* 

PRESENT — The  HonoWe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Wm  Livingston  and  Col°  Philipse  with  the  Bill 
Entituled  [An  Act  for  confirming  and  rendring  effectual  the  several  Assignments  Sales  and 
Conveyances  made  of  the  Real  Estate  of  such  Insolvent  Debtors  who  have  given  up  their 
Effects  for  the  Benefit  of  their  Creditors,  in  pursuance  of  An  Act  Entituled  [An  Act  to  enable 
the  Creditors  of  Insolvent  Debtors  who  are  willing  to  give  up  their  Effects  to  dispose  of  the 
same  for  the  Benefit  of  the  Creditors  and  to  release  the  said  debtors  from  Imprisonment]  Or  in 
pursuance  of  another  Act  Entituled  [An  Act  to  enable  the  assignees  of  Insolvent  debtors  more 
effectually  to  dispose  of  the  Estates  of  such  Debtors  for  the  Benefit  of  their  Creditors  and  for 
other  purposes  therein  mentioned]  desireing  the  Concurrence  of  the  Council  thereto. 


1759.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1365 

Ordered  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Col°  De  Lancey  and  Mr  Verplanck  with  the  Bill 
Entitnled  [An  Act  for  raising  a  supply  of  one  hundred  thousand  pounds  for  levying  paying  and 
clothing  two  thousand  six  hundred  and  Eighty  effective  Men,  Officers  included,  for  forming  with 
the  Forces  of  the  Neighbouring  Colonies  an  Army  of  Twenty  thousand  men  to  Invade  in 
conjunction  with  a  Body  of  his  Majesty's  Regular  Troops  the  French  Possessions  in  Canada  For 
Emitting  Bills  of  Credit  for  the  like  sum  and  for  sinking  and  cancelling  the  said  Bills  in  short 
Periods]  desireing  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  to  enable  the  Mayor  Recorder  and  Aldermen  of  the 
City  of  New  York,  the  Mayor  Recorder  and  Aldermen  of  the  City  of  Albany,  and  the  Mayor 
Recorder  and  Aldermen  of  the  Borough  of  Westchester  severally  to  determine  Causes  of  five 
pounds  and  under  within  their  several  Districts]  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  for  regulating  the  Pilots  and  establishing  their 
Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  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  Bill  do  pass. 

The  Council  adjourned  till  4  o  clock  P.  M. 


Friday,  the  2d  day  of  March,  1759.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  confirming  and  rendering  effectual  the  several 
Assignments  Sales  and  Conveyances  made  of  the  Real  Estate  of  such  Insolvent  Debtors  who 
have  given  up  their  Effects  for  the  Benefit  of  their  Creditors  in  pursuance  of  An  Act  Entituled 
[An  Act  to  enable  the  Creditors  of  Insolvent  Debtors  who  are  willing  to  give  up  their  Effects 
to  dispose  of  the  same  lor  the  Benefit  of  the  Creditors  and  to  release  the  said  Debtors  from 
Imprisonment]  or  in  pursuance  of  another  Act  Entitnled  [An  Act  to  enable  the  Assignees  of 
Insolvent  Debtors  more  Effectually  to  dispose  of  the  Estates  of  such  Debtors,  for  the  Benefit 
of  their  Creditors  and  for  other  purposes  therein  mentioned]  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  for  raising  a  Supply  of  one  hundred  thousand 
pounds  for  Levying  Paying  and  Cloathing  two  thousand  six  hundred  and  Eighty  effective  Men 
Officers  included,  for  forming  with  the  Forces  of  the  Neighbouring  Colonies  an  Army  of  twenty 
thousand  Men  to  invade  in  conjunction  with  a  Body  of  his  Majesty's  Regular  Troops  the  French 
Possessions  in  Canada  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 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1366  Journal  of  the  Legislative  Council  of  New  York.  [2£'t'  £"™.' 

Saturday,  the  third  day  of  March,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL,  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esqr§. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Livingston  and  Captain  Winne  with  the 
Bill  Entituled  [An  Act  for  Impressing  the  several  persons  and  things  and  repealing  the  several 
Acts  therein  mentioned]  desireing  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  he  Read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Hicks  and  Col  Lott  with  the  Bill  Entituled 
[An  Act  to  oblige  certain  Persons  in  Queens  County  to  inlist  themselves  in  the  District  or  Beat 
where  they  respectively  reside]  desireing  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  Monday  morning  11  o  clock. 


Monday,  the  5'A  day  of  March,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoltt  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Winne  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  for  Naturalizing  the  several  Persons  therein  mentioned]  desireing  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  (he  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Enlituled  [An 
Act  for  raising  a  supply  of  one  hundred  thousand  pounds,  for  levying  paying  and  Clothing  two 
thousand  six  hundred  and  eighty  effective  Men,  Officers  included,  for  forming  with  the  Forces 
of  the  Neighbouring  Colonies  an  Army  of  twenty  thousand  Men  to  invade  in  Conjunction  with 
a  Body  of  his  Majesty's  Regular  Troops  the  French  Possessions  in  Canada  For  Emitting  Bills 
of  Credit  for  the  like  sum  and  for  sinking  and  Cancelling  the  said  Bills  in  short  periods]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordired  a  third  Reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled, 
[An  Act  for  confirming  and  rendering  effectual  the  several  Assignments,  Sales  and  Conveyances 
made  of  the  Real  Estates  of  such  Insolvent  Debtors  who  have  given  up  their  Effects  for  the 
Benefit  of  their  Creditors  in  pursuance  of  An  Act  Entituled  [An  Act  to  enable  the  Creditors  of 
Insolvent  Debtors  who  are  willing  to  give  up  their  effects  to  dispose  of  the  same  for  the  benefit 


1759.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1367 

of  the  Creditors  and  to  release  the  said  Debtors  from  Imprisonment]  or  in  pursuance  of  another 
Act  Entituled  [An  Act  to  enable  the  Assignees  of  Insolvent  Debtors  more  effectually  to  dispose 
of  the  Estates  of  such  Debtors  for  the  Benefit  of  their  Creditors  and  for  other  purposes  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  tli£  same  without  any 
Amendment. 

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

Ordered,  a  third  Reading. 

Ordered,  that  the  Bill  Entituled,  [An  Act  for  Impressing  the  several  Persons  and  Things  and 
repealing  the  several  Acts  therein  mentioned]  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  oblige  certain  Persons  in  Queens  County  to 
enlist  themselves  in  the  District  or  Beat  where  they  respectively  reside]  be  now  read  the  second 
time. 

Then  the  said  Bill  was  read  the  same  (sic)  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Tuesday,  the  Q'h  day  of  March,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono1'6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  tne  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  raising  a  supply  of  one  hundred  thousand 
pounds  for  levying  paying  and  cloathing  two  thousand  six  hundred  and  eighty  effective  Men 
Olh'cers  included  for  forming  with  the  Forces  of  the  neishbouring  Colonies  an  Army  of  twenty 
thousand  Men  to  invade  in  Conjunction  with  a  Body  of  his  Majesty's  Regular  Troops  the  French 
Possessions  in  Canada,  for  Emitting  Bills  of  Credit  for  the  like  sum,  and  for  sinking  and 
cancelling  the  said  Bills  in  short  periods]  bo  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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  and  the  Bill  Entituled  [An  Act  for  regulating  the  Pilots  and  establishing  their 
Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  and  other  purposes  therein  mentioned] 
without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  confirming  and  rendering  effectual  the  several 
Assignments,  Sales  and  Conveyances  made  of  the  Real  Estates  of  such  Insolvent  Debtors  who 
have  given  up  their  Effects  for  the  Benefit  of  their  Creditors  in  pursuance  of  An  Act  Entituled 
[An  Act  to  enable  the  Creditors  of  Insolvent  Debtors  who  are  willing  to  give  up  iheir  Effects 
to  dispose  of  the  same  for  the  Benefit  of  the  Creditors  and  to  release  the  said  Debtors  from 
Imprisonment]  or  in  pursuance  of  another  Act  Entituled  [An  Act  to  enable  the  Assignees  of 
Insolvent  Debtors  more  effectually  to  dispose  of  the  Estates  of  such  Debtors  for  the  Benefit  of 
their  Creditors]  and  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 

Resolved,  that  the  said  Bill  do  pnss. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  impressing  the  several  Persons  and  things  and  repealing  the  several  Acts  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  any  Amendment. 


1368  Journal  of  the  Legislative  Council  of  New  York.  [2f^  iBBsg°™; 

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. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
the  said  two  last  mentioned  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  naturalizing  the  several  Persons  therein 
mentioned]  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  afternoon  3  o  Clock. 


Wednesday,  the.  7'"  day  of  March,  1759.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolte  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Livingston  and  Captain  Lispenard  with 
the  Bill  Entituled  [An  Act  to  prevent  the  buying  exchanging  or  taking  in  Pawn  of  or  from  any 
Indian  or  Indians,  any  Arms  Ammunition  or  Cloathing  in  the  Counties  of  Albany  Ulster  Dutches 
and  Orange]  desireing  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered,  that  the  said  Bill  be  now  read  the  second  time. 

The  said  Bill  was  then  read  the  second  time  and 

Ordered  to  be  Committed. 

Then  the  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Col"  De  Lancey  and  Alderman  Livingston  desireing 
that  the  Council  would  acquaint  that  House  how  far  they  have  proceeded  in  the  Bill  sent  up 
for  their  Concurrence  Entituled  [An  Act  to  enable  the  Mayor  Recorder  and  Aldermen  of  the 
City  of  New  York;  The  Mayor  Recorder  &  Aldermen  of  the  City  of  Albany  and  the  Mayor 
Recorder  and  Aldermen  of  the  Borough  of  Westchester  severally  to  determine  Causes  of  five 
Pounds  and  under  within  their  several  Districts.] 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  to 
the  General  Assembly  by  the  Deputy  Secretary  requiring  the  immediate  attendance  of  that 
House,  and  the  General  Assembly  attending  accordingly 

His  Honour  was  pleased  in  the  presence  of  the  Council  and  General  Assembly  to  give  his 
Assent  to  the  five  Bills,  prepared  for  it,  the  Titles  whereof  are  as  follow  viz' 

An  Act  for  raising  a  supply  of  one  hundred  thousand  pounds  for  levying  Paying  and  Cloathing 
two  thousand  six  hundred  and  eighty  effective  Men,  Officers  included,  for  forming  with  the 
Forces  of  the  Neighbouring  Colonies,  an  army  of  Twenty  thousand  Men,  to  invade  in 
conjunction  with  a  Body  of  his  Majesty's  Regular  Troops,  the  French  possessions  in  Canada, 
For  Emitting  Bills  of  Credit  for  the  like  sum  and  for  sinking  and  Cancelling  the  said  Bills  in 
short  Periods. 


1759.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1369 

An  Act  for  impressing  the  several  Persons  and  things  and  Repealing  the  several  Acts  therein 
mentioned. 

An  Act  for  Regulating  the  Pilots  and  Establishing  their  Pilotage  between  Sandy  Hook  and 
the  Port  of  New  York,  and  other  purposes  therein  mentioned. 

An  Act  for  Confirming  and  Rendering  effectual  the  several  assignments  sales  and  Conveyances 
made  of  the  Roal  Estates  of  such  Insolvent  debtors  who  have  given  up  their  effects  for  the 
benefit  of  their  Creditors,  in  Pursuance  of  An  Act  Entituled  [An  Act  to  enable  the  Creditors  of 
Insolvent  Debtors  who  are  willing  to  give  up  their  effects  to  dispose  of  the  same  for  the  benefit 
of  the  Creditors  and  to  release  the  said  Debtors  from  Imprisonment]  or  in  Pursuance  of  an  other 
Act  Entituled  [An  Act  to  enable  the  Assignees  of  Insolvent  Debtors  more  effectually  to  dispose 
of  the  Estates  of  such  Debtors  for  the  Benefit  of  their  Creditors]  and  for  other  purposes  therein 
mentioned. 

An  Act  to  prevent  the  Buying  Exchanging  or  taking  in  Pawn  of  or  from  any  Indian  or  Indians 
any  Arms,  Ammunition  or  Cloathing  in  the  Counties  of  Albany  Ulster  Dutches  and  Orange. 

After  which  the  said  Acts  were  published  in  the  usual  manner,  and  his  Honour  the  Lieutenant 
Governor,  the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber  His 
Honour  was  pleased  to  say,  that  he  conceived  the  presence  of  the  members  of  the  Assembly  in 
their  respective  Counties  would  be  necessary  to  expedite  the  Levies  for  the  publick  Service,  and 
therefore  directed  the  Speaker  of  the  General  Assembly  to  return  to  the  Assembly  Chamber 
and  adjourn  the  House  to  Tuesday  the  27lh  Instant. 

His  Honour  then  returned  to  his  residence. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  to  Tuesday  the  27th  day  of  March  Instant. 


[  N.  T.  Col.  JISS.,  LXXXVII.,  4.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twenty 
scvcmh  day  of  March.  Instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I  do  by 
and  with  the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 
Tuesday  the  tenth  day  of  April  next  of  which  all  his  Majesty's  Subjects  concerned  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  March  17-59  in  the  thirty  second  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAR  D.  Secry. 

God  save  the  KING. 


[Jf.T.  Col.  MSS.,  LXXXVII.,12.1 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)  over  the  Province  ot  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  tenth 
day  of  April  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  adjourn,  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to  Tuesday 

172 


1370  Journal  of  the  Legislative  Council  of  New  York.  [^  £™,'^ 

the  fifteenth  day  of  May  next  Of  which  all  his  Majesty's  Subjects  concerned  are  to  take  notice 
and  govern  themselves  accordingly. 

Given  un'Ier  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New 
York  the  sixth  day  of  April  1759  in  the  thirty  second  year  of  the  Reign 
of  our  S  jveraign  LorJ  George  the  Second  by  the  Grace  of  God  of  Great 
Britain  France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honours'1   Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


[  N.  Y.  Col.  MSS.,  LXXXVII.,  63.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majestys  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s  )     and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  fifteenth 
day  of  May  instant  I  have  thought  fit  for  his  Majesty's  Service  to  adjourn  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to  Tuesday  the 
twenty  ninth  day  of  May  Instant,  of  which  all  his  Majesty's  Subjects  concerned  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  first  day  of  May  1759  in  the  thirty  second  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAR  D  Si-cry. 

God  save  the  KING. 


[N.  T.  Col.  MSS.,  LXXXVII.,  74.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  tivcnty 
ninth  day  of  May  instant.  I  have  thought  (it  for  His  Majestys  service  to  adjourn  and  I  do  by 
and  with  the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 
Tuesday  the  niii'tccnth  day  of  June  next  Of  which  all  his  Majesty's  Subjects  concerned  ara  to 
take  notice  and  Govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  YorJc 
the  twenty  fifth  day  of  May  1759  in  the  thirty  second  year  of  the  Reign  of  our 
Sovern  Lord  George  the  Second  by  the  Grace  of  God  of  Great  Britain, 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

Gw  BANYAR  D.  Sccry. 

God  save  the  KING. 


1750.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1371 

[2T.  Y.  Col    MSS.,  LXXXVII  ,  80.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  nineteenth 
day  of  June  Instant  I  have  thought  tit  for  his  Mujesty's  service  to  adjourn  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to  Tuesday  the 
twenty  sixth  day  of  June  Instant  then  to  meet  to  proceed  upon  Business  Of  which  all  his 
Majesty's  Subjects  concerned  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  June  1759  in  the  thirty  second  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  and  so  forth. 

JAMES  DE  LANCEY. 
BIJ  his  Honour's  Command 

Gw  BAN  YAK  D  Sccnj. 

God  save  the  KING. 


Tuesday,  the  twenty  sixth  day  of  June,  1759. 

The  Honoble  James  De  Lancey  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in 
Chief  of  the  Province  of  New  York  having  by  sundry  Proclamations  Issued  from  time  to  time 
adjourned  the  General  Assembly  from  the  twenty  seventh  day  of  March  last  to  this  day 

The  Council  met  accordingly. 

PRESENT — The  Hono!'!e  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
WILLIAM  WALTON, 
JOSIAII  MARTIN. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Honour  the 
Lieutenant  Governor  and  the  Message  and  the  Extract  of  the  Letter  therein  referred  to,  being 
read,  It  is 

Ordered,  that  the  said  Message  be  entered  in  the  Minutes  which  is  in  these  words  following 

Gcn/lcmrn, 

Having  on  the  14th  Instant,  received  a  Letter  from  his  Excellency  General  Amherst,  bearing 
Date  the  Sth,  relating  to  the  King's  immediate  Service,  and  which  could  not  admit  of  any  Delay, 
I  resolved  to  call  you  together  as  soon  as  possible,  though  at  an  unusual,  and  perhaps 
inconvenient  Season  of  thi-i  Year. 

I  herewith  send  you  an  Extract  of  the  Generals  Letter,  whereby  you  will  perceive  that  the 
Contractors  Agent  not  being  able  to  supply  the  Sums  of  Money  necessary  to  answer  the  large 
Demands  made  for  carrying  on  his  Majesty's  Service,  the  General  was  compelled  in  this 
Situation,  that  his  Operations  and  the  Success  of  his  Majesty's  Arms  might  not  be  retarded,  to 
apply  for  a  Loan  of  one  hundred  and  fifty  thousand  pounds,  New  York  Currency,  in  Bills  of 
the  Province,  redeemable  in  twelve  Months  after  their  Date,  by  the  Moneys  arising  from  Bills 
of  Exchange  to  be  drawn  by  Mr  Mortier,  Deputy  Pay-Master  General. 

As  the  Distress  the  Service  is  in  for  want  of  Money,  and  the  Incapacity  of  the  Contractors 
Agents  to  remove  the  same,  sufficiently  evinces  and  warrants  the  Necessity  of  the  Generals 
having  Recourse  to  this  Method,  so  was  it  a  sufficient  Reason  for  my  calling  you  together  so 
suddenly  :  And  I  did  it  in  a  full  Assurance,  that  you  would  chearfully  embrace  this  Opportunity 
of  giving  a  fresh  Proof  of  your  Loyalty  to  the  King  and  Zeal  for  his  Service. 


1372  Journal  of  the  Legislative  Council  of  New  York.  [*ilt  sS™' 

I  am  so  fully  persuaded  of  your  readily  coming  into  the  Loan  proposed,  and  in  such  a  Manner, 
as  no  Advantage  be  taken  of  these  pressing  Wants  which  call  for  the  speediest  Supply,  that  I 
think  it  needless  to  urge  any  other  Arguments  to  induce  you  to  it. 

JAMES  DE  LANCEY. 
City  of  New  York, 
2Glb  June,  1759. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Wednesday,  the  27"'  day  of  June,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoWe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
JOSIAH  MARTIN,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  to  Monday  the  2nd  day  of  July  1759. 


Monday,  the  2d  day  of  July,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Mr  Vrooman  with  the  Bill 
Entituled  [An  Act  for  Emitting  Bills  of  Credit  to  the  Amount  of  One  hundred  and  fifty  thousand 
pounds  to  enable  his  Majesty's  General  to  pay  the  Debts  contracted  and  to  carry  on  his 
Majesty's  service  in  North  America,  and  for  sinking  the  same  within  twelve  months]  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Alderman  Livingston  with  the  Bill 
Entituled  [An  Act  for  removing  the  Prisoners  from  the  City  Hall  of  the  City  of  New  York  to 
the  New  Goal  built  by  the  Mayor  Aldermen  and  Commonality  of  the  said  Citv  and  for 
appropriating  certain  Parts  thereof  to  the  uses  and  purposes  of  a  common  Goal  for  the  City  and 
County  of  New  York]  desireing  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  4  o  Clock  Post  Meridiem. 


1759.]  The  Hon.  James  De  Lancet/,  Esq  :  Lieut.  Governor.  1373 

Monday,  the  2d  day  of  July,  1759.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUt  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  emitting  Bills  of  Credit  to  the  amount  of  one 
hundred  and  fifty  thousand  pounds  to  enable  his  Majesty's  General  to  pay  the  Debts  contracted 
and  to  carry  on  his  Majesty's  Service  in  North  America  and  for  sinking  the  same  within  twelve 
months]  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  for  removing  the  Prisoners  from  the  City  Hall  of 
the  City  of  New  York  to  the  New  Goal  built  by  the  Mayor  Aldermen  and  Commonalty  of  the 
said  City  and  for  appropriating  certain  parts  thereof  to  the  uses  and  purposes  of  a  Common  Goal 
for  the  City  and  County  of  New  York]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

A  Message  from  the  General  Assembly  by  Captain  Walton  and  Mr  Schenck  with  the  Bill 
Entituled  [An  Act  for  raising  the  sum  of  Two  hundred  and  sixty  Pounds  on  the  Freeholders 
and  Inhabitants  of  Richmond  County  for  the  uses  and  purposes  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  and 

Ordcr'd  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Tuesday,  the  Bd  day  of  July,  1759. 

The  Council  met  according  to  adjournment. 
PRESENT — The  Hono11'  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

•  The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  emitting  Bills  of  Credit  to  the  amount  of  one  hundred  and  fifty  thousand  Pounds  to 
Enable  his  Majesty's  General  to  pay  the  debts  contracted  and  to  carry  on  his  Majesty's  Service 
in  North  Ameiica  and  for  sinking  the  same  within  twelve  Months]  and  alter  some  time  spent 
therein 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  any 
Amendment. 


1374  Journal  of  the  Legislative  Council  of  New  York.  [^ 

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  Bill  Entituled  [An  Act  for  removing  the  Prisoners  from  the  City  Hall  of 
the  City  of  New  York  to  the  New  Goal  built  by  the  Mayor  Aldermen  and  Commonalty  of  the 
said  City  and  for  appropriating  certain  parts  thereof  to  the  uses  and  purposes  of  a  Common  Goal 
for  the  City  and  County  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  naturalizing  the  several  Persons  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the 
Coinmiitee  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  the  Bill 

Ordered  a  third  reading. 

Tht-n  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Otdered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  to 
the  General  Assembly  by  the  Deputy  Secretary  requireing  the  immediate  attendance  of  that 
House  at  the  Council  Chamber. 

And  the  General  Assembly  attending  accordingly. 

His  Hononr  was  pleased  to  give  his  Assent  to  the  three  following  Bills  viz' 

An  Act  for  emitting  Bills  of  Credit  to  the  amount  of  one  hundred  and  fifty  thousand  pounds 
to  enable  his  Majesty's  General  to  pay  the  Debts  contracted,  and  to  carry  on  his  Majesty's 
service  in  North  America  and  for  sinking  the  same  in  twelve  months. 

An  Act  for  removing  the  Prisoners  from  the  City  Hall  of  the  City  of  New  York  to  the  New 
Goal  built  by  the  Mayor  Aldermen  and  Commonalty  of  the  said  City  and  for  appropriating 
certain  parts  thereof  to  the  uses  and  purposes  of  a  Common  Goal  for  the  City  and  County  of 
New  York. 

An  Act  for  naturalizing  the  several  persons  therein  mentioned. 

After  which  the  said  three  Acts  were  published  in  the  usual  manner  and  his  Honour  the 
Lieutenant  Governor,  the  Council  and  the  General  Assembly  being  returned  to  the  Council 
Chamber.  His  Honour  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to  the 
Assembly  Chamber  and  adjourn  the  House  until  Tuesday  the  thirty  first  day  of  July  Instant. 

His  Honour  then  returned  to  his  Residence. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  to  Tuesday  the  31st  day  of  July  Instant. 


N.  Y.  Col.  MSS.,  LXXX  VII.,  100.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  chief  in  and 
(L.  s.)    over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  thirty  first 
day  of  Jtdij  Instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I  do  by  and  with 
the  Advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to  Tuesday  the 


1759.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1375 

twenty  eighth  day  of  August  next  of  which  all  his  Majestys  subjects  concerned  are  to  take  notice 
and  Govern  themselves  accordingly. 

Given  under  my  hand  and  Seal  at  Arms  at  Fort  Gf.orge  in  the  City  of  New  York 
the  twenty  sixth  day  of  July  1759  in  the  thirty  third  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honour's  Command 

G\v  BANYAR  D  Secry. 

God  save  the  KING 


[  X.  T.  Col.  MSS.,  LXXXVII.,  114.) 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  province  of  New  York  and  the  Territories  thereon  depending  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twenty 
ciglilh  day  of  August  instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn,  and  I  do 
by  and  with  the  advice  of  his  Majesty's  Council  furtner  adjourn  the  said  General  Assembly  to 
Tuesday  the  twenty  fifth  day  of  September  next  Of  which  all  his  Majesty's  Subjects  concerned 
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  fourth  day  of  August  1759  in  the  thirty  third  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR  D.  Sccry. 

God  save  the  KING. 


[  N.  Y.  Co:.  MSS.,  LXXXVII.,  124.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)    over  the  Province  of  Neiv  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  ttvcnty 
ffih  day  of  September  instant.  I  have  thought  fit  for  his  Majesty's  Service  to  adjourn  and  I  do 
by  and  with  the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 
Tuesday  the  sixteenth  day  of  October  next  Of  which  all  his  Majesty's  Subjects  concerned  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  September  1759  in  the  thirty  third  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR  D.  Sccry. 

God  save  the  KING. 


1376  Journal  of.  the  Legislative  Council  of  New  York.  [Mt  st"8™ 


[  N.  Y.  Col.  MSS.,  LXXXVII.,  130. ) 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)    over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  this  day  I  have 
thought  fit  for  his  Majesty's  service  to  adjourn  and  I  do  by  and  with  the  advice  of  his  Majesty's 
Council  further  adjourn  the  said  General  Assembly  to  Wednesday  the  seventeenth  day  of  October 
Instant  then  to  meet  at  the  House  of  Teunis  Sornereudyck  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  AW'  York 
the  sixteenth  day  of  October  1759  in  the  thirty  third  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Second  by  the  Grace  ot  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honours  Command 

G\v  BANYAR  D  Secnj 

God  save  the  KING. 


Wednesday,  the  seventeenth  day  of  October,  1759. 

The  General  Assembly  having  on  the  third  day  of  July  last  been  adjourned  by  his  Honour 
the  Lieutenant  Governor's  Directions  until  the  thirty  first  day  of  the  same  month  were  afterwards 
adjourned  by  Proclamation  on  the  2Glh  day  of  July  to  the  twenty  eighth  day  of  August ;  on 
the  twenty  fourth  of  August  by  Proclamation  until  the  2-5'1'  of  September,  on  the  21st  of 
September  by  Proclamation  until  the  10th  of  October  Instant,  and  on  that  day  by  Proclamation 
until  the  17th  day  of  October  Instant  then  to  meet  at  the  House  of  Teunis  Soinerendyck  in  the 
Outward  of  the  City  of  New  York  to  proceed  upon  Business. 

The  Council  therefore  met  accordingly. 

PRESENT — The  Honobu  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Honour  the  Lieutenant 
Governor,  which  being  read.  It  is 

Ordered,  that  the  said  Message  be  entered  in  the  Minutes  which  is  as  follows 

Gentlemen, 

His  Excellency  Major  General  Amherst,  haveing  made  several  very  important  and  valuable 
Acquisitions  from  the  Enemy,  and  being  determined  to  take  such  Measures,  as  shall  effectually 
ensure  the  Advantages  of  this  Campaign  by  building  Forts  in  proper  Places,  and  thereby 
putting  it  out  of  the  Enemy's  Power  to  regain  any  of  their  late  Losses  ;  and  foreseeing  that  it 
WHS  more  than  probable,  that  sucli  of  the  Provincial  Forces,  as  are  by  their  Legislatures 
provided  for  only  to  the  first  of  November,  could  not  be  discharged  soon  enough  to  be  at  their 
respective  Homes  by  that  Time,  without  quitting  the  essential  Works  they  were  employed  in, 
hath  for  these  Reasons,  made  a  general  Application  to  such  of  the  Colonies  as  had  provided 
for  the  Pay  of  their  Troops  only  to  that  Time,  to  make  a,  further  Provision  for  them. 

In  Consequence  of  this  Application,  I  have  called  you  together  now,  principally  for  this 
Purpose. 

The  General's  Proposal  is  so  reasonable,  his  Measures  so  well  calculated  for  his  Majesty's 
Service,  the  present  Safety,  and  lasting  Security  of  this  and  the  other  Colonies,  that  I  cannot,  in 


1759.]  The  Hon.  James  De  Lancet/,  Esq:  Lieut.  Governor.  1377 

Duty  to  the  King,  and  in  Regard  to  your  future  Prosperity,  omit  most  earnestly  recommending 
it  to  you,  that  you  would  immediately  enable  me  to  comply  with  the  General's  Request,  by 
making  Provision  for  the  Pay  of  the  Troops  for  one  Month  longer,  and  for  a  Supply  of  such 
Necessaries  for  the  Men,  as  the  Season  may  require,  to  encourage  them  to  continue  in  the 
Service  with  Alacrity. 

I  need  not  tell  you  that  this  demands  Dispatch. 

Gentlemen, 

You  must  be  sensible,  that  the  Enemy  have  had  but  very  small  Supplies  of  provisions  this 
year  from  France,  and  that  most  of  the  Men  in  Canada  having  been  in  Arms  this  Summer, 
their  Crops  must  have  suffered  greatly.  In  this  pressing  Situation,  it  cannot  be  doubted  but 
that  they  will  use  their  utmost  Efforts  to  repossess  themselves  of  their  strong  Holds,  if  it  were 
only  with  a  Prospect  of  getting  subsistance  from  our  Magazines:  but  if  they  know  that  there 
are  respectable  Forts  to  oppose  them,  and  find  that  the  Works  ^are  completed,  they  must  lay 
aside  all  such  Attempts  as  fruitless  and  vain. 

The  General  has  wrote  to  me  that  he  would  be  sorry  to  expose  the  Troops  to  any  unavoidable 
Hardships,  and  that  he  will  not  keep  them  a  Moment  longer  than  the  abovementioned  Services 
absolutely  require,  and  I  can  depend  on  it  he  will  not. 

Gentlemen, 

Tiiis  Province  has  given  many  instances  of  its  Zeal  for  his  Majesty's  Service:  You  will  add 
this  fresh  one,  more  especially,  as  the  Interest  of  these  Countries  is  so  nearly  concerned  in  this 
Measure,  and  it  would  be  unbecoming  you  to  shew  the  least  Backwardness  on  this  Occasion. 

I  am  to  acquaint  you,  that  the  General  has  ordered  Forty  Thousand  Pounds  Sterling,  to  be 
paid  into  the  Treasury  in  discharge  of  so  much  of  the  Loan,  and  I  am  to  assure  you  from  him 
that  the  Residue  shall  be  punctually  repaid  within  the  Time  limited. 

JAMES  DE  LANCEY. 
City  of  New  York 
1?"'  October  1759. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Thursday,  tlie  eighteenth  day  of  October,  1759. 

The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono''le  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  Recommended    to  the  General  Assembly  to 
adjourn  themselves  'till  Thursday  the  first  day  of  November  next. 
The  Council  therefore  adjourned  to  the  first  day  of  November  next. 


t  N.  Y.  Col.  MSS.,  LXXXVII.,  138.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in   America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  province  stands  adjourned  to  this  day  I  have 
thought  fit  for  his  Majesty's  Service  to  adjourn  and  I  do  by  and  with  the  advice  of  his  Majesty's 
Council  further  adjourn  the  said  General  Assembly  to  T-uesduy  the  fourth  day  of  December  next 
ensuing  then  to  meet  at  the  House  of  Teunis  Somerendyck  in  the  Outward  of  the  City  of  New 

173 


1378  Journal  of  the  Legislative  Council  of  New  York.  [^?aSSI' 

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  first  day  of  November  1759  in  the  thirty  third  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR  D.  SScnj. 

God  save  the  KING. 


TWENTY-EIGHTH  ASSEMBLY     SECOND  SESSION 


Tuesday,  the  fourth  day  oj  December,  1759. 

The  General  Assembly  having  by  Proclamation  on  the  lSlb  day  of  October  last  been  adjourned 
from  the  first  day  of  November  (to  which  day  they  stood  adjourned)  until  Tuesday  the  fourth 
day  of  December  Instant  to  meet  at  the  House  of  Teunis  Somerendyck  in  the  Outward  of  the 
City  of  New  York. 

The  Council  met  accordingly. 

PRESENT —  The  Honob'6  ARCHIBALD  KENNEDY,  Esqr,  Speaker 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Thursday  next  3  o  clock  P'  Meridiem. 


Thursday,  the  sixth  day  of  December,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono'jle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  signified  to  the  Council  that  he  proposed  to 
make  a  Speech  to  the  Council  and  Assembly  this  Afternoon  at  his  Residence,  the  Council 
therefore  proceeded  thither  accordingly,  where  being  met,  His  Honour  the  Lieutenant  Governor 
sent  a  Message  by  the  Deputy  Secretary  requireing  the  immediate  attendance  of  the  General 
Assembly  and  they  attending  accordingly. 

His  Honour  was  then  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  copy  to  the  Speaker  of 
the  General  Assembly  And  then  the  Council  returned  to  the  council  chamber,  where  being 
met 

The  Speaker  resumed  the  Chair  and 

Reported  that  his  Honour  the  Lieutenant  Governor  had  been  pleased  to  make  a  Speech  to  the 
Council  and  General  Assembly,  of  which  his  Honour  had  delivered  to  him  a  Copy,  which  he 
delivered  in  at  the  Table. 


1759.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1379 

Ordered,  that  his  Honour  the  Lieutenant  Governors  Speech  be  read. 

And  the  Speech  being  read 

Ordered,  that  the  same  be  entered  in  the  Minutes  which  is  as  follows 

Gentlemen  of  the  Council  and  General  Assembly, 

It  is  with  the  highest  Satisfaction  I  take  this  Opportunity  to  congratulate  you  on  the  many 
great  Successes  of  his  Majesty's  Arms  this  Year,  both  in  Europe  and  America. 

The  signal  and  memorable  Victory  obtained  over  the  French  Army  near  Minden  :  The  Defeat 
of  the  French  Fleet  on  the  Coast  of  Algarve  :  The  Conquest  of  Guadalupe  :  The  driving  the 
French  from  their  strong  holds  at  Ticonderoga,  and  Crown  Point,  whence  these  Countries  have 
been  so  greatly  annoyed,  and  effectually  securing  the  Possession  of  them  :  The  Defeat  of  their 
Army  comeing  to  the  Relief  of  Niagara,  and  the  Reduction  of  the  Fort  at  that  important  Pass: 
And  lastly,  the  glorious  Victory  gained  by  General  Wolfe  over  the  Enemy  on  the  Plains  of 
Abraham  near  Quebec,  with  the  Surrender  of  that  City,  the  Metropolis  of  Canada;  are 
Events  which  add  fresh  Lustre  to  the  Reign  of  the  best  of  Kings  ;  redound  highly  in  the  Glory 
of  his  Majesty's  Anns,  disappoint  the  intended  Insult  of  the  Enemy  on  his  Kingdom  and 
Dominions,  and  open  to  these  Colonies  a  favourable  Prospect  of  future  Security. 

On  my  transmitting  to  his  Excellency  General  Amherst  a  Copy  of  the  Act,  granting,  in  the 
most  disinterested  Manner,  a  Loan  of  £  150, 000  for  carrying  on  his  Majesty's  Service,  he 
desired  me  to  signify  to  you  the  true  Sence  he  has  of  your  Loyalty  to  the  King  and  your  Zeal 
for  his  Service,  in  so  readily  and  chearfully  contributing  towards  it,  by  your  Compliance  with 
his  Request,  and  that  he  will  not  fail  to  represent  your  Conduct  on  this  Occasion  to  his 
Majesty's  Ministers,  in  that  just  Light  it  deserves. 

Gentlemen  of  the  General  Assembly, 

I  must  recommend  to  you  the  making  Provision  for  the  Support  of  the  Officers  of  the 
Government :  Amongst  these,  for  another  Judge  of  the  Supreme  Court ;  an  Officer  whom  the 
Course  of  Justice  obliged  me  to  appoint.  At  tlic  same  Time  you  will,  agreeable  to  your 
Resolution  at  the  last  Meeting,  provide  for  the  further  Pay  of  the  Regiment  raised  in  this 
Province,  and  for  the  Encouragement  voted  the  Men  for  continuing  in  the  Service,  beyond  the 
Time  at  first  intended. 

Gentlemen  of  the  Council  and  General  Assembly, 

The  Stamp  Duty  may  be  regulated  in  such  a  Manner  as  to  produce  annually  a  much  larger 
Sum  than  it  does  at  present,  without  any  heavy  Burthen  on  the  Subject :  This  merits  your 
Consideration  :  as  does  also,  the  excessive  Consumption  of  spirituous  Liquors,  of  which  the 
Publick  may  justly  avail  itself  by  an  Augmentation  of  the  Excise.  And  here  it  may  be  proper 
to  point  out  to  you,  a  Defect  in  the  Act  against  private  Lotteries,  for  though  the  Law  be 
sufficient  to  restrain  them  in  this  Government,  yet  it  seems  to  fall  short  of  the  End  proposed, 
as  it  leaves  this,  a  Mart  for  the  Lotteries  set  on  Foot  in  other  Provinces. 

The  Laws  necessary  to  be  continued  or  revived,  or  any  others  which  you  shall  frame  for  his 
Majesty's  Service  and  the  Benefit  of  the  Province,  will  meet  with  my  ready  Assent. 
City  of  New  York  JAMES  DE  LANCEY. 

Gtb  of  December  1759. 

Ordered,  that  his  Honour  the  Lieutenant  Governors  Speech  be  forthwith  printed. 

Mr  Horsmanden  then  moved  that  the  Council  should  present  an  Humble  Address  to  his 
Honour  to  return  him  their  Hearty  thanks  for  his  Speech,  and  to  join  in  congratulation,  for  the 
many  great  and  signal  Successes  of  his  Majesty's  Arms  this  year  both  in  Europe  and  America. 

To  Express  their  Satisfaction  touching  the  favourable  Impressions  His  Excellency  General 
Amherst  has  conceived  of  the  Legislature  for  their  ready  Complyance  with  his  Request  of  a 
Loan  of  ,£150,000  necessary  at  that  critical  conjuncture  for  advancing  his  Majesty's  Service. 

And  to  assure  his  Honour  of  the  Councils  ready  Concurrence  on  all  Occasions,  with  every 
Measure  for  advancing  his  Majesty's  Service  and  the  Interest  and  Prosperity  of  the  Province. 

Which  motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  to  his  Honour  the  Lieutenant  Governor 
accordingly. 

Ordered,  that  Mr  Horsmanden  Mr  Chambers  and  Mr  Watts  be  a  Committee  to  prepare  a  Draft 
of  the  said  Address  and  that  they  do  prepare  and  bring  in  the  same  to  morrow  afternoon. 

The  Council  adjourned  till  to  Morrow  Afternoon  3  o  clock. 


2Mh 


1380  Journal  of  the  Legislative  Council  of  New  York.  [ 

Friday,  the  seventh  day  of  December,  1759. 
The  Council  met  according  to  adjournment. 

4 

PRESENT  —  The  Ho?wM"  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Horsmanden  from  the  Committee  appointed  to  prepare  the  draft  of  an  Address  to  His 
Honour  the  Lieutenant  Governor,  reported  that  the  Committee  had  prepared  a  Draft  thereof, 
which  he  read  in  his  place,  and  then  delivered  the  same  in  at  the  Table  where  the  Draft  was 
read  and  being  agreed  to 

Ordered,  that  the  said  Address  be  Engrossed. 

The  engrossed  Address  to  his  Honour  the  Lieut1  Governor  was  read  and  approved  of. 

Ordered,  that  the  Speaker  sign  the  said  Engrossed  Address. 

And  the  Speaker  having  signed  the  same 

Ordered,  that  Mr  Watts  and  Mr  Walton  do  wait  on  his  Honour  the  Lieutenant  Governor  and 
desire  to  know  when  he  will  be  pleased  to  be  attended  witli  the  Humble  Address  of  the  Council. 

The  said  Gentlemen  being  returned  Reported  that  they  had  waited  on  his  Honour  with  the 
said  Message  and  that  he  had  been  pleased  to  say  he  would  receive  the  Councils  Address  to 
morrow  at  12  o  clock  at  the  Secretary's  Office. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Saturday,  the  eighth  day  of  December,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and  with 

The  Council  went  to  present  their  Address  to  his  Honour  the  Lieutenant  Governor  and  being 
returned 

The  Speaker  resumed  the  Chair  and 

Reported  that  having  with  the  Council  attended  and  read  and  presented  their  Address  to  his 
Honour  the  Lieutenant  Governor  His  Honour  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  the  Honoble  JAMES  DE  LANCEY  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  in  and  over  the  Province  of  New  York  and  the  Territories  Depending  thereon  in 
America 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour, 

We  his  Majesty's  most  Dutiful  and  Loyal  Subjects,  the  Council  for  the  Province  of  New 
York  return  your  Honour  our  hearty  thanks  for  your  Speech. 

We  most  sincerely  Join  in  Congratulation  with  your  Honour,  on  the  many  great  successes  of 
bis  Majesty's  Arms  this  year  both  in  Europe  and  America :  Events  which  add  fresh  Lustre  to  the 
Reign  of  the  best  of  Kings,  redound  highly  to  the  Glory  of  his  Majesty's  Arms,  disappoint  the 
intended  Insult  of  the  Enemy  on  his  Kingdom  and  Dominions.  And  open  to  these  Colonys  a 
favourable  prospect  of  future  Prosperity. 

It  gives  us  high  satisfaction  that  his  Excellency  General  Arnherst  is  so  well  pleased  with  the 
Legislatures  Chearfull,  and  ready  Compliance  with  his  Request,  in  the  Loan  for  forwarding  his 
Majesty's  in  so  critical  a  Conjuncture. 


1759.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1381 

"VVe  beg  leave  to  Assure  your  Honour  we  shall  upon  all  occasions  readily  concur  in  every 
Measure  for  advancing  his  Majesty's  Service  and  the  Interest  and  Prosperity  of  the  Province 
and  particularly  by  passing  such  Bills  as  shall  be  accommodated  to  these  laudable  Ends. 

By  order  of  the  Council 

Council  Chamber  City  of  ARCH"  KENNEDY  Speaker. 

New  York  Slh  December  1759 

His  Honour  the  LIEUTT  GOVERNORS  Answer. 
Gentlemen, 

I  thank  you  for  this  Address,  and  for  the  Assurances  you  give  me,  of  your  readiness  to  concur 
in  every  Measure  for  advancing  his  Majesty's  Service  and  the  Interest  and  Prosperity  of  the 
Province. 

JAMES  DE  LANCEY. 
City  of  New  York 
8lh  December  1759. 

Ordered,  That  the  said  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Saturday  the  15lh  December  Instant  at  11  o  clock  in  the  Morning 


Saturday,  the  fifteenth  day  of  December,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honulle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Captain  Douw  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  granting  to  his  Majesty 
the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this 
Colony  therein  mentioned]  Desireing  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col°  De  Lancey  and  Colonel  Lott  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  Regulating  the  Militia  of 
the  Colony  of  New  York  together  with  the  several  Acts  therein  mentioned,  respecting  the 
regulating  the  Militia]  Desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col°  De  Lnncey  and  Col°  Philipse  with  the  Bill 
Entituled  [An  Act  to  Impower  Justices  of  the  Peace,  Mayors,  Recorders  and  Aldermen  to  try 
Causes  to  the  value  of  five  Pounds  and  under,  and  for  repealing  An  Act  therein  mentioned] 
desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Captain  Lispenard  and  Mr  Vrooman  with  the 
Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  Billeting  and 
Quartering  his  Majesty's  Forces  within  this  Colony]  desireing  the  concurrence  of  the  Council 
thereto. 

A  Message  from  the  General  Assembly  by  Mr  Hicks  and  Capt"  Lispenard  with  the  Bill 
Entituled,  [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,  together  with  one  other  Act  therein 
mentioned]  desireing  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  five  Bills  be  read. 

Then  the  said  five  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  Tuesday  next  at  eleven  o  clock  in  the  Morng. 


1382  Journal  of  the  Legislative  Council  of  New  York. 

Tuesday,  the  18'A  day  of  December,  1759. 

The  Council  met  according  to  adjournment. 
PRESENT —  The  Hono'jle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
JOHN  WATTS,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Wm  Livingston  and  Capt"  Douw  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  to  prevent  Frauds  in  Debtors 
together  with  the  Act  therein  mentioned]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Lispenard  with  the  Bill  Entituled 
[An  Act  to  continue  An  Act  Entituled  An  Act  to  enable  the  Mayor,  Deputy  Mayor,  Recorder, 
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  purposes  therein  mentioned]  desireing  the  Concurrence  of  the 
Council  thereto. 

A  Message  from  the  General  Assembly  by  Col.  De  Lancey  and  Colonel  Haring  with  the  Bill 
Entituled  [An  Act  to  empower  and  enable  the  Mayor,  Recorder  and  Aldermen  of  the  City  of 
New  York  for  the  time  being  or  the  Major  part  of  them  to  order  the  raising  a  Sum  not  exceeding 
twelve  hundred  pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City]  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. 

Ordered,  that  the  five  following  Bills  be  now  read  the  second  time  viz. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned.] 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  regulating 
the  Militia  of  the  Colony  of  New  York  together  with  the  several  Acts  therein  mentioned 
respecting  the  regulating  the  Militin.] 

The  Bill  Entituled  [An  Act  to  empower  Justices  of  the  Peace,  Mayors,  Recorders  and  Aldermen 
to  try  Causes  to  the  value  of  five  pounds  and  under  and  for  repealing  An  Act  therein  mentioned. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  billeting  and 
quartering  his  Majesty's  Forces  within  this  Colony]  and 

The  Bill  Entituled  [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  together  with  one  other  Act  therein 
mentioned.] 

Then  the  said  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Thursday  11  o  Clock  in  the  Morning. 


Thursday,  the  20'A  day  of  December,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Ho?ioUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  to 
prevent  Frauds  in  Debtors  together  with  the  act  therein  mentioned.] 

The  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  to  enable  the  Mayor, 
Deputy  Mayor,  Recorder  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  purposes  therein  mentioned]  and 

The  Bill  Entituled  [An  Act  to  empower  and  enable  the  Mayor,  Recorder  and  Aldermen  of  the 
City  of  New  York  for  the  time  being  or  the  major  part  of  them  to  order  the  raising  a  sum  not 
exceeding  twelve  hundred  Pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City]  be 
now  read  the  second  time. 


1759.]  The  Hon.  James  De  Lancer/,  Esq :  Lieut.  Governor.  1383 

Then  the  said  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Alderman  Livingston  and  Captain  Douw  with  the 
Bill  Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  for  the  better  apprehending  and 
securing  Deserters  from  His  Majesty's  Forces  in  America  together  with  the  Act  therein 
mentioned]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Capt"  Dow  and  Mr  Schenck  with  the  Bill  Entituled 
[An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony 
from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  to  the  first  of  January  one 
thousand  seven  hundred  &  sixty  one]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Bruyn  and  Mr  Vrooman  with  the  Bill  Entituled 
[An  Act  further  to  continue  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]  desireing  the 
Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col°  Haring  and  Mr  Bruyn  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  Entituled  An  Act  for  the  destroying  of  Wolves  and 
Panthers  in  the  Counties  of  Ulster,  Dutches  and  Orange]  desireing  the  Concurrence  of  the 
Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Wisner  and  Col.  Haasbrouch  with  the  Bill 
Entituled  [An  Act  to  prevent  damages  by  Swine  in  the  County  of  Orange  and  some  parts  of 
Ulster  County]  desireing  the  Concurrence  of  the  Council  thereto. 

Ordered  that  the  said  five  Bills  be  read. 

Then  the  said  five  Bills  were  read  the  first  time  and 

Ordered  a  second  Reading. 

Mr  Smith  moved  that  a  Bill  which  he  held  in  his  Hand  Entituled  [An  Act  for  the  speedier 
and  more  regular  Administration  of  Justice  in  the  Inferior  Courts  of  Common  Pleas  and  General 
Sessions  of  the  Peace  and  for  the  Tryal  of  small  Causes]  might  be  read. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Friday,  the  21s'  day  of  December,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Ilmo'lle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Verplanck  and  Mr  Hicks  with  the  Bill  Entituled 
[An  Act  for  laying  an  Excise  upon  all  Tea  of  foreign  Growth  retailed  within  this  Colony  during 
the  time  therein  mentioned]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Wm  Livingston  and  Mr  Verplanck  with  the 
Bill  Entituled  [An  Act  to  restrain  Hawkers  and  Pedlars  from  Selling  without  lycense  in  this 
Colony]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col.  Haasbrouck  and  Mr  Bruyn  with  the  Bill 
Entituled  [An  Act  to  extend  An  Act  Entituled  An  Act  for  preventing  Trespasses  to  the 
County  of  Ulster]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col.  De  Lancey  and  Mr  Verplanck  with  the  Bill 
Entituled  [An  Act  to  Empower  certain  Persons  in  the  City  of  London  to  receive  the  Quota 
that  shall  be  allotted  to  this  Colony  by  his  Majesty  out  of  the  two  hundred  thousand  pounds 
granted  by  Parliament  for  the  Northern  Colonies]  desiring  the  Concurrence  of  the  Council 
thereto. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Colonel  De  Lancey  with  the  Bill 
Entituled  [An  Act  to  continue  An  Act  Entituled  [An  Act  to  encourage  the  taking  &  destroying 
of  Wild  Catts  in  the  County  of  Suffolk]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Mr  Verplanck  with  the  Bill  Entituled 
[An  Act  to  continue  An  Act  Entituled  An  Act  to  restrain  the  feeding  and  burning  the  Grass 
and  cutting  the  Timber  on  certain  Beaches  &  Islands  therein  mentioned]  desiring  the 
Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  six  Bills  be  read. 


1384  Journal  of  the  Legislative  Council  of  New  York. 

Then  the  said  six  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  house  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled  An  Ant  for  regulating  the  Militia  of  the  Colony  of 
New  York  together  with  the  several  Acts  therein  mentioned  respecting  the  regulating  the 
Militia]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Ctiair,  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  entituled  An  Act  for  billeting  and  quartering  his  Majesty's 
Forces  within  this  Colony]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  arid  approved  of,  and  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  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  together  with  one  other  Act  therein  mentioned]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled  An  Act  to  prevent  Frauds  in  Debtors  together  with 
the  Act  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  Entituled  An  Act  to  enable  the  Mayor,  Deputy  Mayor,  Recorder  and 
Aldermen  of  the  City  of  New  York  for  the  time  being  or  the  major  part  of  them  to  raise  a  Tax 
for  mending  ami  keeping  in  repair  the  publick  Wells  and  Pumps  in  the  said  City  to  the  south  of 
Fresh  water  and  other  purposes  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  a;one  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 


1759.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1385 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  empower  the  Mayor,  Recorder  and  Aldermen  of  the  City  of  New  York  for  the  time  being 
or  the  major  part  of  them  to  order  the  raising  a  sum  not  exceeding  twelve  hundred  pounds  by 
a  Tax  on  Estates  real  and  personal  in  the  said  City]  and  after  some  time  spent  therein 
The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  for  the  better 
apprehending  and  securing  Deserters  from  his  Majesty 's_Forces  in  America  together  with  the 
Act  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  itself  into  a  Committee  of  the  Whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  Whole  House  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  the  Bill 
Ordered  a  third  Reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on 
Strong  Liquors  retailed  in  this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred 
and  sixty  to  the  first  of  January  one  thousand  seven  hundred  and  sixty  one]  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  itself  into  a  committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  Reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  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]  be  now  read  the  second  time  and 
Then  the  said  Bill  was  read  the  second  time  and 
Ordered  to  be  Committed. 
The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  Reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for 
the  destroying  of  Wolves  and  Panthers  in  the  Counties  of  Ulster,  Dutches  and  Orange]  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  it  self  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  prevent  Damages  by  Swine  in  the  County  of 
Orange  and  some  parts   of  Ulster  County]  be  now  read  the  second  time. 
Then  the  said  Bill  was  read  the  second  time  and 
Ordered  to  be  Committed. 
174 


1386  Journal  of  the  Legislative  Council  of  New  York. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entitulerl  [An  Act  for  the  speedier  and  more  regular  Administration 
of  Justice  in  the  Inferior  Courts  of  Common  Pleas  and  General  Sessions  of  the  Peace,  and  for 
the  Tryall  of  small  Causes]  he  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  10  o  clock. 


Saturday,  the  22nd  day  of  December,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honotle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for 
granting  to  his  Majesty  the  several  Duties  and  Impositions  on  Goods,  Wares  and  Merchandizes 
imported  into  this  Colony  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. 

Ordertd,  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for 
Regulating  the  Militia  of  the  Colony  of  New  York  together  with  the  several  Acts  therein 
mentioned  respecting  the  Regulating  the  Militia]  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  further  to  continue  An  Act  Entituled  An  Act  for 
Billettingand  Quartering  his  Majesty's  Forces  within  this  Colony]  be  now  Read  the  third  Time. 

Then  the  said  Bill  was  Read  the  third  time  and 

On  the  Question  being  put 

Resolccd  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendments. 

Ordered,  that  the  Bill  Eotituled  [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]  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  further  to  continue  An  Act  Entituled  An  Act  to 
prevent  Frauds  in  Debtors  together  with  the  Act  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  to  continue  An  Act  entituled  An  Act  to  enable  the 
Mayor  Deputy  Mayor  Recorder  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  purposes  therein  mentioned] 
Be  now  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Raolved,  that  the  said  Bill  do  pass. 


1759.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1387 

Ordered,  that  Mr  Smith  Jo  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  empower  and  enable  the  Mayor,  Recorder  and 
Aldermen  of  the  City  of  New  York  for  the  time  being  or  the  major  part  of  them  to  order  the 
raising  a  Sum  not  exceeding  twelve  hundred  pounds  by  a  Tax  on  Estates  Real  and  Personal  in 
the  said  City]  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  to  continue  An  Act  entituled  An  Act  for  the  better 
apprehending  and  securing  Deserters  from  his  Majesty's  Forces  in  America  together  with  the 
Act  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  to  regulate  the  collecting  the  duty  of  Excise  on 
Strong  Liquors  retailed  in  this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred 
and  sixty  to  the  first  of  January  one  thousand  seven  hundred  and  sixty  one]  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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  three  last  mentioned  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  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]  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  further  to  continue  An  Act  Entituled  An  Act  for 
the  destroying  of  Wolves  and  Panthers  in  the  Counties  of  Ulster,  Dutchess  and  Orange]  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  to  prevent  damages  by  swine  in  the  County  of 
Orange  and  some  parts  of  Ulster  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  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  last  mentioned  Bills  without  any  amendment. 

Ordered,  that  the  six  following  Bills  be  now  read  the  second  time  viz1 

The  Bill  Entituled  [An  Act  for  laying  an  Excise  upon  all  Tea  of  foreign  Growth  retailed 
within  this  Colony  during  the  time  therein  mentioned.] 

The  Bill  Entituled  [An  Act  to  restrain  Hawkers  and  Pedlars  from  selling  without  Lycence 
in  this  Colony.] 

The  Bill  Entituled  [An  Act  to  extend  An  Act  Entituled  An  Act  for  preventing  Trespasses, 
to  the  County  of  Ulster.] 

The  Bill  Entituled  [An  Act  to  empower  certain  Persons  in  the  City  of  London  to  receive 
the  Quota  that  shall  be  allotted  to  this  Colony  by  his  Majesty  out  of  the  two  hundred  thousand 
pounds  granted  by  Parliament  far  the  Northern  Colonies.] 

The  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  to  encourage  the  taking 
and  destroying  of  Wild  Catts  in  the  County  of  Suffolk]  And 

The  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  to  restrain  the  feeding 
and  burning  the  Grass  and  cutting  the  Timber  on  certain  Beaches  and  Islands  therein 
mentioned.] 

Then  the  said  six  Biils  were  read  the  second  time  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Cap'  Dow  and  Captain  Livingston  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  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  Captain  Livingston  and  Mr  Vrooman  with  tlie 
Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  prevent  damages  by 
Swine  in  Dutches  County]  desireing  the  Concurrence  of  the  Council  thereto. 


2|ah 


1388  Journal  of  the  Legislative  Council  of  New  York.  [ 

Ordered  that  the  said  two  Bills  be  read. 

Then  the  said  two  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  William  Livingston  and  Colonel  De  Lancey  with 
the  Bill  Entituled  [An  Act  for  the  Payment  of  the  salaries  of  the  several  Officers  of  the 
Government  to  the  first  day  of  September  one  thousand  seven  hundred  and  sixty]  desiring  the 
Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col  De  Lancey  and  Mr  William  Livingston  with  the 
Bill  Entitufed  [An  Act  to  prevent  the  selling  of  Tickets  in  this  Colony  of  any  Lotteries  schemed 
or  erected  in  any  other  Colony]  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. 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 


Monday,  the  24'*  day  of  December,  1759. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair 

Ordered,  That  the  Bill  Entituled  [An  Act  for  the  Payment  of  the  Salaries  of  the  several 
Officers  of  the  Government  to  the  first  day  of  September  one  thousand  seven  hundred  and 
sixty]  and 

The  Bill  Entituled  [An  Act  to  prevent  the  selling  of  Tickets  in  this  Colony  of  any  Lotteries 
schemed  or  erected  in  any  other  Colony]  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  itself  into  a  committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  empower  Justices  of  the  Peace,  Mayors,  Recorders  and  Aldermen  to  try  Causes  to  the 
value  of  Five  pounds  and  under  and  for  repealing  An  Act  therein  mentioned]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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. 
Ordered  that  thesaid  Bill  be  read  the  third  time. 
Then  the  said  Bill  was  read  the  third  time  and 
On  the  Question  being  put 
Resolvrd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

Mr  Smith  dissented  to  the  passing  the  said  Bill  with  leave  to  enter  his  reasons  at  large  if  he 
shall  think  proper. 

A  Message  from  the  General  Assembly  by  Captain  Livingston  and  Mr  Hicks  with  the  Bill 
Entituled  [An  Act  for  making  Process  in  Courts  of  Equity  effectual  against  Mortgagors  who 
abscond  and  cannot  be  served  therewith  or  who  refuse  to  appear]  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  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  laying  an  Excise  upon  all  Tea  of  foreign  Growth  retailed  within  this  Colony  during  the 
time  therein  mentioned]  and  after  some  time  spent  therein 
The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  committee  of  the  whole  House  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. 


1759.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1389 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  restrain  Hawkers  and  Pedlars  from  selling  without  Lycence  in  this  Colony]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  extend  An  Act  Entituled  An  Act  for  preventing  Trespasses,  to  the  County  of  Ulster]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  empower  certain  Persons  in  the  City  of  London  to  receive  the  Quota  that  shall  be 
allotted  to  this  Colony  by  his  Majesty  out  of  the  two  hundred  thousand  pounds  granted  by 
Parliament  for  the  Northern  Colonies]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  entituled  An  Act  to  encourage  the  taking  and  destroying  of  Wild  Cats 
in  the  County  of  Suffolk]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  Entituled  An  Act  to  restrain  the  feeding  and  burning  the  Grass  and 
cutting  the  Timber  on  certain  Beaches  and  Islands  therein  mentioned]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  Whole  House  in  his  Place  Reported  that  the 
Committee  h;id  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. 


1390  Journal  of  the  Legislative  Council  of  New  York.  Hdhse"."°' 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  three  last  mentioned  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  to 
encourage  the  destroying  of  Wolves  in  the  County  of  Albany]  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  it  self  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  anJ  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  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  Bill  Entituled    An  Act  further  to  continue  An  Act  entituled  An  Act  to 
prevent  damages  by  Swine  in  Dutchess  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  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 
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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  William  Livingston  and  Mr  Cruger  with  the 
Bill  Entituled  [An  Act  to  regulate  the  Practice  of  Physic  and  Surgery  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  till  3  o  clock  in  the  afternoon. 


Monday,  tlie  24'A  (lay  of  December,  1759.   P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono11'  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act^  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  the  Government  to  the  first  day 
of  September  one  thousand  seven  hundred  and  sixty]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  any  amendment. 


1759.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1391 

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 

Rcsoh-cd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  the  Selling  of  Tickets  in  this  Colony  of  any  Lotteries  schemed  or  erected  in  any 
other  Colony]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  lime. 

Then  the  said  Bill  was  read  the  first  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  Pass. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

His  Honour  the  Lieutenant  Governor  haveing  signifyed  to  the  Council  that  he  proposed 
giving  his  Assent  to  the  Bills  prepared  for  it,  this  Afternoon  at  his  House  in  the  Bowry  Lane. 

The  Council  therefore  went  to  his  Honours  Residence,  where  being  met  His  Honour  the 
Lieutenant  Governor  sent  a  Message  by  the  Deputy  Secretary  to  the  General  Assembly 
requiring  the  immediate  attendance  of  that  House  And  the  General  Assembly  attending 
accordingly 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  General  Assembly 
was  then  pleased  to  give  his  Assent  to  twenty  two  Bills,  the  Titles  whereof  are  as  follow. 

An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  Granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods,  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  the  Government  to  the  first 
day  of  September  one  thousand  seven  hundred  and  sixty. 

An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  Regulating  the  Militia  of  the 
Colony  of  New  York  together  with  the  several  Acts  therein  mentioned  respecting  the  regulating 
the  Militia. 

An  Act  for  laying  an  Excise  upon  all  Tea  of  Foreign  Growth  retailed  within  this  Colony 
during  the  time  therein  mentioned. 

An  Act  to  restrain  Hawkers  and  Pedlars  from  selling  without  Licence  in  this  Colony. 

An  Act  to  Regulate  the  Collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this 
Colony  from  the  first,  day  of  January  one  thousand  seven  hundred  and  sixty  to  the  first  of 
January  one  thousand  seven  hundred  and  sixty  one. 

An  Act  further  to  continue  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 
suppoit  of  the  Government  of  this  Colony  and  other  purposes  therein  mentioned. 

An  Act  further  to  continue  An  Act  Entituled  An  Act  for  Billeting  and  Quartering  his 
Majesty's  Forces  within  this  Colony. 

An  Act  to  continue  An  Act  Entituled,  An  Act  for  the  better  apprehending  and  securing 
Deserters  from  his  Majesty's  Forces  in  America,  together  with  the  Act  therein  mentioned. 

An  Act  to  Impower  Justices  of  the  Peace,  Mayors,  Recorders  and  Aldermen  to  try  causes  to 
the  value  of  Five  pounds  and  under  and  for  Repealing  An  Act  therein  mentioned. 

An  Act  further  to  continue  An  Act  Entituled  An  Act  to  lay  a  Duty  of  Tonage  on  the  Vessels 
and  for  the  time  therein  rnemioned  together  with  one  other  Act  therein  mentioned. 

An  Act  further  to  continue  An  Act  Entituled,  An  Act  to  prevent  Frauds  in  Debtors  together 
with  the  Acts  th"rein  mentioned. 

An  Act  to  prevent  the  selling  of  Ticketts  in  this  Colony  of  any  Lotteries  Schemed  or  Erected 
in  any  other  Colony. 

An  Act  to  extend  An  Act  entituled,  An  Act  for  preventing  Trespasses,  to  the  County  of 
Ulster. 

An  Act  to  continue  An  Act  Entituled,  An  Act  to  enable  the  Mayor,  Deputy  Mayor,  Recorder 
and  Aldermen  of  the  City  of  New  York  for  the  time  being  or  the  major  pare  of  them  to  raise 
a  Tax  for  mending  and  keeping  in  Repair  the  publick  Wells  and  Pumps  iti  the  said  City  to  the 
South  of  Fresh  Water  and  other  purposes  therein  mentioned. 


1392  Journal  of  the  Legislative  Council  of  New  York.  [™*  s""™- 

An  Act  to  Imnower  and  enable  the  Mayor,  Recorder  and  Aldermen  of  the  City  of  New  York, 
for  the  time  being  or  the  major  part  of  them  to  order  the  raising  a  sum  not  exceeding  twelve 
hundred  pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City. 

An  Act  further  to  continue  An  Act  Entitled  An  Act  for  the  Destroying  of  Wolves  and 
Panthers  in  the  Counties  of  Ulster,  Dutchess  and  Orange. 

An  Act  to  prevent  Damages  by  Swine  in  the  County  of  Orange  and  some  parts  of  Ulster 
County. 

An  Act  to  continue  An  Act  Entitled  An  Act  to  Encourage  the  taking  and  Destroying  of 
Wild  Cats  in  the  County  of  Suffolk. 

An  Act  to  continue  An  Act  Entitled  An  Act  to  Restrain  the  Feeding  and  Burning  the 
Grass  and  Cutting  the  Timber  on  certain  Beaches  and  Islands  therein  mentioned. 

An  Act  further  to  continue  An  Act  Entitled  An  Act  to  Encourage  the  Destroying  of  Wolves 
in  the  County  of  Albany. 

An  Act  further  to  continue  An  Act  Entitled  An  Act  to  prevent  Damages  by  Swine  in 
Dutchess  County. 

After  which  the  said  twenty  two  Acts  were  published  in  the  usual  manner  and  his  Honour, 
the  Lieutenant  Governor,  the  Council  and  the  General  Assembly  being  returned  to  the  Council 
Chamber.  His  Honour  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return 
to  the  Assembly  Chamber  and  adjourn  the  House  until  the  last  Tuesday  in  January  next. 

The  Council  then  returned  to  the  Council  Chamber. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  to  Tuesday  the  twenty  ninth  day  of  January  One  thousand  seven 
hundred  and  Sixty. 


[  N.  Y.  Col.  MSS.,  LXXXVIII.,  1.  ] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  YorTc  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twenty 
ninth  day  of  January  Instant.  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  And  1 
do  by  and  with  the  Advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly 
to  Tuesday  the  twelfth  day  of  February  next.  Of  which  all  his  Majesty's  Subjects  concerned  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  fourth  day  of  January  1700  in  the  thirty  third  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR  D  SScnj 

God  save  the  KING. 


[  N.  Y    Col.  MSS.,  LXXXVIII.,  5.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)   over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twelfth 
day  of  February  Instant.  I  have  thought  fit  for  his  Majesty's  Service  to  adjourn  And  I  do  by 
and  with  the  Advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 


1760.]  The  Hon.  James  De  Lancey,  Esq  :  Lieut.  Governor.  1393 

Tuesday  the  twenty  sixth  day  of  February  Instant.     Of  which  all  his  Majesty's  Subjects  concerned 
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  February  1760  in  the  thirty  third  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANYAR,  D  Stcry. 

God  save  the  KING. 


[N.  T.  Col.  MSS.,  LXXXVIII.,  7.]', 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in  and 
(L.  s.)    over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twenty 
sixth  day  of  February  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Adjourn  and  I  do 
by  and  with  the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 
Tuesday  the  eleventh  day  of  March  next  ensuing  then  to  meet  at  the  House  of  Teunis 
Somerendyck  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  sixteenth  day  of  February  1700  in  the  thirty  third  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honours  Command 

Gw  BANYAR  D.  Secry 

God  save  the  KING. 


Tuesday,  the  eleventh  day  of  March,  1760. 

The  General  Assembly  having  on  the  twenty  fourth  day  of  December  last  been  adjourned 
to  the  twenty  ninth  day  of  January  one  thousand  seven  hundred  and  sixty,  were  by 
Proclamation  on  the  twenty  fourth  of  that  Month  adjourned  to  the  twelfth  day  of  February, 
And  on  the  ninth  of  the  said  Month  February  were  further  adjourned  by  Proclamation  to 
the  twenty  sixth  And  on  the  nineteenth  of  the  same  month  were  further  adjourned  by 
Proclamation  to  the  eleventh  day  of  March  one  thousand  seven  hundred  and  sixty  then  to 
meet  at  the  House  of  Teunis  Somerendyck  in  the  Outward  of  the  City  of  New  York  to 
proceed  upon  Business. 

The  Council  therefore  met  accordingly. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  4  o  clock  P.  M. 

175 


1394  Journal  of  the  Legislative  Council  of  New  York.  [™f  gS"; 

Wednesday,  the  twelfth  day  of  March,  1760. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Honour  the  Lieutenant 
Governor  which  being  read  was 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows 

Gentlemen, 

It  was  with  the  highest  Satisfaction,  I  took  the  Opportunity  at  our  last  Meeting,  in  December, 
1759,  to  congratulate  you,  on  the  many  and  great  Successes  of  his  Majesty's  Arms  by  Sea  and 
Land,  both  in  Europe  and  America,  during  the  Course  of  that  Year. 

I  do  now  again  with  equal  Pleasure,  congratulate  you  on  the  further  Success  of  his  Majesty's 
Arms  at  Sea  in  that  ever  memorable  Year,  an  Account  of  which  had  not  reached  us  when  we 
were  last  together;  I  mean  the  glorious  Victory  gained  by  his  Majesty's  Fleet  under  Sir  Edward 
Hawke,  over  the  French  Fleet  on  the  Coast  of  France,  whereby  that  grand  Armament  destined 
to  convoy  the  Troops  designed  for  an  Attempt  on  Great  Britain  or  Ireland,  was  destroyed  or 
dispersed  and  the  Enemies  Projects  to  invade  his  Majesty's  Kingdoms  totally  disappointed  and 
defeated. 

On  the  20tb  of  last  Month,  I  had  the  Honour  of  a  Letter  from  the  Right  Hon.  Mr.  Secretary  Pitt, 
bearing  Date,  the  seventh  of  January,  one  thousand  seven  hundred  and  sixty,  signifying  that  his 
Majesty,  having  nothing  so  much  at  Heart,  as  to  improve  the  great  and  important  Advantages 
gained  the  last  Campaign  in  North-America,  and  not  doubting  that  all  his  faithful  and  brave 
Subjects  there  will  continue  most  chearfully  to  co-operate  with,  and  second  to  the  utmost,  the 
large  Expences  and  extraordinary  Succours  supplied  by  Great-Britain  for  their  Preservation  and 
future  Security  by  compleating  the  Reduction  of  all  Canada ;  and  that  his  Majesty  not  judging  it 
expedient  to  limit  the  Zeal  and  Ardour  of  any  of  his  Provinces,  by  making  a  Repartition  of  the 
Forces  to  be  raised  by  each  respectively  for  this  most  important  Service ;  it  is  the  King's  Pleasure 
that  I  do  forthwith  use  my  utmost  Endeavours  and  Influence  to  induce  you  to  raise,  with  all 
possible  Dispatch,  within  this  Government,  at  least  as  large  a  Body  of  Men  as  you  did  for  the 
last  Campaign,  and  even  as  many  more  as  the  Number  of  its  Inhabitants  may  allow,  to  be  formed 
into  Regiments,  and  to  hold  themselves  in  Readyness  as  early  as  may  be,  to  march  to  the 
Rendezvous  at  Albany,  or  such  other  Place  as  his  Majesty's  Commander  in  Chief  in  America 
shall  appoint,  in  order  to  proceed  from  thence,  in  Conjunction  with  a  Body  of  the  Kings 
British  Forces  and  under  the  supreme  Command  of  his  Majesty's  said  Commander  in  Chief  in 
America,  so  as  to  be  in  a  Situation  to  begin  the  Operations  of  the  Campaign,  as  soon  as  shall 
be  any  Way  practicable  by  an  irruption  into  Canada,  in  order  to  reduce  Montreal  and  all  other 
Posts  belonging  to  the  French,  in  those  Parts,  and  further  to  annoy  the  Enemy  in  such  Manner, 
as  his  Majesty's  Commander  in  Chief  shall  from  his  Knowledge  of  the  Countries  through  which 
the  War  is  to  be  carried  on  and  from  emergent  Circumstances,  judge  to  be  practicable.  And 
the  better  to  facilitate  that  important  Service,  his  Majesty  is  pleased  to  leave  it  to  me,  to 
issue  Commissions  to  such  Gentlemen  of  this  Province,  as  I  shall  judge  from  their  Weight  and 
Credit  with  the  People,  and  their  Zeal  for  the  Publick  Service  may  be  best  disposed  and  able 
to  quicken  and  effectuate  the  speedy  Levying  the  greatest  Number  of  Men,  and  all  Officers 
of  the  Provincial  Forces  as  high  as  Colonels  inclusive  are  to  have  Rank  according  to  their 
several  respective  Commissions,  agreeably  to  the  Regulations  contained  in  his  Majesty's  Warrant 
of  the  30th  December,  1757. 

The  King  is  further  pleased  to  furnish  all  the  Men  so  raised  with  Arms  Ammunition  and 
Tents,  as  well  as  to  order  Provisions  to  be  issued  to  them  by  his  Majesty's  Commissaries  in  the 
same  Proportion  and  Manner  as  is  done  to  the  Rest  of  the  King's  Forces. 

A  sufficient  Train  of  Artillery  will  also  be  provided  at  his  Majesty's  Expence  for  the 
Operations  of  the  Campaign. 

Boats  and  Vessels  necessary  for  the  Transportation  of  the  Army  on  this  Expedition  will  also 
be  provided  at  the  Kings  Charge. 

The  wnole  therefore,  that  his  Majesty  expects  and  requires  from  the  several  Provinces,  is,  the 
Levying,  Cloathing  and  Pay  of  the  Men,  and  on  these  Heads  also,  that  no  Encouragement  may 
be  wanting  to  this  great  and  salutary  Attempt,  the  King  is  farther  most  graciously  pleased  to 
permit  the  Right  Honourable  Mr  Secretary  Pitt  to  acquaint  me  that  strong  Recommendations 
will  be  made  to  Parliament  in  their  Session  next  Year,  to  gran  at  proper  Compensation  for  such 


1760.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1395 

Expences  as   above,  according  as  the  active  Vigour  and  strenuous  Efforts  of  the  respective 
Provinces  shall  justly  appear  to  merit. 

I  am  also  to  inform  you,  that  similar  Orders  are  sent  to  New-Hampshire,  Massachusets-bay, 
Rhode  Island,  Connecticut  and  New  Jersey.  The  Southern  Governments  are  also  directed  to 
raise  Men  in  the  same  Manner,  to  be  employed  in  such  offensive  Operation  as  the  Circumstances 
and  Situation  of  the  Enemy's  Posts  in  those  Parts  may  point  out;  which  it  is  hoped  will  oblige 
them  so  to  divide  their  Attention  and  Forces,  as  may  render  the  several  Attempts  more  easy  and 
successful. 

Gentlemen, 

I  have  now  lay'd  before  you,  what  his  Majesty  expects  from  this  Province.  The  Confidence 
the  King  places  in  his  brave  and  faithful  Subjects  here,  the  large  Expence  and  extraordinary 
Succours  supplied  by  our  Mother  Country,  his  Majesty's  most  gracious  Intentions  that  strong 
Recommendations  shall  be  made  to  Parliament  next  Year  to  grant  a  proper  Compensation  for  the 
Expences  of  these  Provinces  according  as  their  active  Vigour  and  strenous  Efforts  respectively 
shall  justly  appear  to  merit ;  and  lastly,  the  many  and  signal  Successes  which  have  reduced 
Canada  within  narrow  Bounds  and  may  be  considered  as  happy  Omens  with  the  divine 
Blessing  of  future  Success  are  such  strong  and  cogent  Motives  that  it  seems  unnecessary  for 
me  to  add  any  Thing  to  them  to  animate  your  Zeal  and  excite  you  to  the  fulfilling  of  his 
Majesty's  just  Expectations  from  you  on  this  great  Occasion;  the  compleating  the  Reduction  of 
all  Canada. 

Gentlemen, 

You  must  be  so  fully  sensible  that  the  Safety  and  Welfare  of  America  and  of  this  Province 
in  Particular,  are  so  nearly  concerned  in  this  Event,  that  I  cannot  entertain  the  least  doubt,  but 
that  you  will  proceed  with  the  utmost  Application  and  Dispatch  in  this  promising  and  decisive 
Crisis  and  by  speedy  and  vigorous  Resolutions  enable  me  to  have  the  Troops  of  this  Province 
in  Readiness  to  attend  the  Commander  in  Chief  as  early  as  it  shall  be  practicable  for  him  to 
begin  his  operations. 

This  is  what  I  most  earnestly  recommend  to  you  as  being  for  the  Honour,  Credit  and 
Advantage  of  the  Province  and  what  I  have  Reason  to  look  for  from  your  Loyalty  and  Zea 
for  the  Kings  Service  and  your  Regard  for  the  lasting  Peace  and  Prosperity  of  iNorth  America 

City  of  New-York  JAMES  DE  LANCEY. 

March  12th  1758 

The  Council  adjourned  till  to  Morrow  Morning  Friday  the  21"  day  of  March  Instant  at  11 
o  clock  in  the  Morning. 


Friday,  the  21st  day  of  March,  1760. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL,  HORSMANDEN, 
JOHN  CHAMBERS, 

WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Cap'  Lispenard  with  the  Bill 
Entituled,  [An  Act  for  levying,  paying  and  cloathing  two  thousand  six  hundred  and  Eighty 
effective  Men,  officers  included,  for  forming  an  Army  of  twenty  thousand  men  with  the  Forces 
of  the  neighbouring  Colonies  to  reduce  in  conjunction  with  his  Majesty's  Regular  Troops, 
Montreal  and  other  Posts  belonging  to  the  French  in  Canada,  for  Emitting  Bills  of  Credit  for 
the  sum  of  sixty  thousand  pounds  and  for  sinking  and  cancelling  the  said  Bills  in  short  periods] 
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  till  4  o  clock  in  the  afternoon. 


1396  Journal  of  the  Legislative  Council  of  New  York,  [2Mh  t"™.' 

Friday,  the  21s'  day  of  March,  1760.     Post  Meridiem. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono™6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered  that  the  Bill  Entituled  An  Act  for  levying  paying  and  cloathing  two  thousand  six 
hundred  and  eighty  effective  Men  officers  included  for  forming  an  army  of  twenty  thousand  Men 
with  the  Forces  of  the  Neighbouring  Colonies  to  reduce  in  conjunction  with  his  Majestys 
Regular  Troops  Montreal  and  other  Posts  belonging  to  the  French  in  Canada,  for  Emitting 
Bills  of  Credit  for  the  sum  of  sixty  thousand  Pounds  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 

Ordered  to  be  committed 

A  Message  from  the  General  Assembly  by  Mr  Verplanck  and  Mr  Henry  Livingston  with  the 
Bill  Entituled  [An  Act  to  raise  levy  and  collect  a  sum  not  exceeding  the  sum  of  five  hundred 
pounds  in  Westchester  County  towards  finishing  the  Court  House  and  Goal  in  the  said  County 
and  other  purposes  therein  mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Henry  Livingston,  and  Mr  Vrooman  with  the 
Bill  Entituled,  [An  Act  to  enable  the  Supervizors  of  Dutches  County  to  raise  the  sum  of  six 
hundred  and  forty  two  Pounds  due  from  the  said  County  on  the  Act  therein  mentioned  and  the 
further  sum  of  seventy  Pounds  for  converting  a  Jury  Room  into  a  Goal]  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. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Saturday,  the  22d  day  of  March,  1760. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 
The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  levying  paying  and  cloathing  two  thousand  six  hundred  and  eighty  effective  Men, 
Officers  included,  for  forming  an  Army  of  twenty  thousand  Men  with  the  Forces  of  the 
Neighbouring  Colonies  to  reduce  in  Conjunction  with  his  Majesty's  Regular  forces  Montreal 
and  other  Passes  belonging  to  the  French  in  Canada,  for  Emitting  Bills  of  Credit  for  the  Sum  of 
Sixty  thousand  Pounds  &  for  sinking  &  cancelling  the  said  Bills  in  short  periods]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the 
Committee  had  gone  thro'  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. 

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. 


1760.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1397 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  raise  levy  and  collect  a  Sum  not  exceeding  the 
Sum  of  five  hundred  pounds  in  Westchester  County  towards  finishing  the  Court  House  and 
Goal  in  the  said  County  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  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  and  desired  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  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  Bill  Entituled  [An  Act  to  enable  the  Supervizors  of  Dutches  County  to 
raise  the  Sum  of  six  hundred  and  forty  two  pounds  due  from  the  said  County  on  the  Act  therein 
mentioned  And  the  further  Sum  of  Seventy  Pounds  for  converting  a  Jury  Room  into  a  Goal] 
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  of  the  whole  House  on  the  said  Bill  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  amendment. 

A  Message  from  the  General  Assembly  by  Mr  Vrooman  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  to  revive  An  Act  Entituled  An  Act  further  to  empower  the  Justices  of  the 
Peace  in  the  County  of  Albany  living  and  residing  in  the  Town  of  Schenectady  in  the  said 
County  to  drain  the  water  out  of  the  Streets  thereof  with  an  Addition  thereto]  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  till  four  o  Clock  in  the  Afternoon. 


Saturday,  the  22d  day  of  March,  1760.     Post  Meridiem. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

His  Honour  the  Lieutenant  Governor  having  signifyed  to  the  Council  that  he  proposed  giving 
his  assent  to  the  Bills  prepared  for  it,  this  afternoon  at  his  House  in  the  Bowry  Lane. 

The  Council  therefore  went  to  his  Honour's  Residence,  where  being  met 

His  Honour  the  Lieutenant  Governor  sent  a  Message  by  the  Deputy  Secretary  to  the  General 
Assembly,  requiring  the  immediate  attendance  of  that  House  :  And  the  General  Assembly 
attending  accordingly 

His  Honour  the  Lieutenant  Governor  was  then  pleased  to  give  his  Assent  to  four  Bills 
the  Title  whereof  are  as  follow  viz' 


1398  Journal  of  the  Legislative  Council  of.  New  York.  [22dhs"™: 

An  Act  for  levying  paying  and  cloathing  two  thousand  six  hundred  and  eighty  effective  Men 
Officers  included  for  forming  an  army  of  twenty  thousand  men  with  the  forces  of  the 
Neighbouring  Colonies  to  reduce  in  Conjunction  with  his  Majesty's  Regular  Troops,  Montreal 
and^ther  Posts  belonging  to  the  French  in  Canada,  for  Emitting  Bills  of  Credit  for  the  sum  of 
Sixty  thousand  Pounds,  and  for  sinking  and  cancelling  the  said  Bills  in  short  Periods. 

An  Act  to  raise  levy  and  collect  a  sum  not  exceeding  the  sum  of  five  hundred  pounds  in 
Westchester  County  towards  finishing  the  Court  House  and  Goal  in  the  said  County,  and  other 
purposes  therein  mentioned. 

An  Act  to  enable  the  Supervizors  of  Dutches  County  to  raise  the  sum  of  Six  hundred  and 
forty  two  pounds  due  from  the  said  County  on  the  Act  therein  mentioned  and  the  further  sum 
of  Seventy  Pounds  for  converting  a  Jury  Room  into  a  Goal. 

An  Act  to  impower  certain  Persons  in  the  City  of  London  to  receive  the  Quota  that  shall  be 
allotted  to  this  Colony  by  his  Majesty  out  of  the  two  Hundred  thousand  Pounds  granted  by 
Parliament  for  the  Northern  Colonies. 

After  which  the  said  four  Acts  were  published  in  the  usual  manner  and  the  Governor  Council 
and  General  Assembly  being  returned  to  the  Council  Chamber,  His  Honour  the  Lieutenant 
Governor  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to  the  Assembly 
Chamber  and  adjourn  the  House  till  the  first  Tuesday  in  May  next. 

The  Council  then  returned  to  the  Council  Chamber  where  being  met 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  the  first  Tuesday  in  May  next. 


[N.  Y.  Col.  MSB.,  LXXXVIII.,  19.) 

By  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  sixth 
day  of  May  next  I  have  thought  fit  for  his  Majestys  Service  to  adjourn  and  I  do  by  and 
with  the  Advice  of  his  Majestys  Council  further  adjourn  the  said  General  Assembly  to 
Tuesday  the  thirteenth  day  of  May  next  ensuing  then  to  meet  at  the  House  of  Teunis  Somerendyck 
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  ffort  George  in  the  City  of  New  York 
the  twenty  second  day  of  April  1760  in  the  thirty  third  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  ffaith  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honour's  Command 

Gw  BANTAR  D  SScry. 

God  save  the  KING. 


Council  Chamber,  City  of  New  York,  Tuesday,  the  thirteenth  day  of  May,  one  thousand 
seven  hundred  and  sixty  in  the  thirty  third  year  of  the  Reign  of  King  George  the 
Second. 

The  General  Assembly  having  been  adjourned  by  Proclamation  issued  by  his  Honour  the 
Lieutenant  Governor  from  the  sixth  day  of  May  last  to  which  day  they  stood  adjourned  until 
this  day. 

The  Council  met  accordingly. 

PRESENT—  The  Honobu  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  til  to  morrow  3  o  clock  Post  Meridiem. 


17GO.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1399 

Wednesday,  the  fourteenth  day  of  May,  1760.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  TheHono11*  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Honour  the  Lieutenant 
Governor  which  being  read  was 

Ordered  to  be  entered  in  the  minutes  and  is  as  follows 

Gentlemen, 

I  send  you  a  Copy  of  his  Excellency  Governor  Pownall's  Letter  to  me  setting  forth,  the  Terrible 
Waste  made  by  Fire  in  the  Town  of  Boston,  on  the  20th  of  March  last,  whereby  upwards  of 
Two  Hundred  Families  were  turned  out  of  Doors;  the  greatest  Part  of  whom  are  by  this 
Misfortune  rendered  incapable  of  subsisting  themselves  without  the  charitable  Assistance  of 
others. 

I  am  perswaded  your  Hearts  will  be  touched  with  Pity  for  the  unhappy  Sufferers,  and  that 
you  will  readily  contribute  to  their  Relief.  Their  Distresses  are  so  great  as  to  call  for  publick 
Succour  from  their  fellow  subjects.  I  earnestly  recommend  their  deplorable  Case  to  your 
Compassion. 

I  also  recommend  the  making  Provision  for  discharging  the  several  Demands  on  the  Province 
and  am  to  acquaint  you  that  the  whole  of  the  ,£150,000  lent  last  Year  by  this  Province,  for 
carrying  on  his  Majesty's  Service,  is,  by  his  Excellency  General  Amherst's  Order,  repaid  into 
the  Treasury. 

JAMES  DE  LANCEY. 
New  York  14lh  May  1760. 

The  Council  adjourned  till  Wednesday  the  twenty  eighth  day  of  May  Instant  at  11  o  clock  in 
the  Morning. 


Wednesday,  the  twenty  eighth  day  of  May,  1760. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM   WALTON,  Esq™. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Capt  Livingston  and  Cap'  Seaman  desiring  to  know 
what  progress  the  Council  have  made  in  the  Bill  Entituled,  [An  Act  for  making  Process  in  a 
Court  of  Equity  more  effectual  against  Mortgagors  who  abscond  and  cannot  be  served  therewith 
or  who  refuse  to  appear]  and  the  Bill  Entituled,  [An  Act  to  regulate  the  Practice  of  Physick 
and  Surgery  in  the  City  of  New  York. 

Ordered,  that  the  said  two  Bills  be  now  read  the  second  time. 

Then  the  said  two  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

Ordered,  that  the  Bill  intituled  [An  Act  to  revive  An  Act  Intituled,  An  Act  further  to 
Impower  the  Justices  of  the  Peace  in  the  County  of  Albany  living  and  dwelling  in  the  Town 
of  Schenectady  in  the  said  County  to  drain  the  Water  out  of  the  streets  thereof  with  an 
Addition  thereto]  be  now  read  the  second  time. 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Friday  morning  11  o  clock. 


1400  Journal  of  the  Legislative  Council  of  New  York.  [^  ^™; 

Friday,  the  thirtieth  day  of  May,  1760. 
[The  Council  met  according  to  adjournment.] 

PRESENT —  The  HonoTjle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Honour  the  Lieutenant 
Governor  which  being  read  was 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows 

Gentlemen, 

As  it  does  not  seem  probable  that  the  proportions  of  the  Monies  allotted  by  his  Majesty  for 
this  Colony  out  of  the  two  hundred  thousand  pounds  Stirling  granted  by  Parliament  for  the 
Northern  Colonies  will  be  brought  hither  in  time  to  answer  the  Purposes  for  which  part  of  it 
is  appropriated,  I  must  therefore,  that  the  publick  service  may  not  be  retarded  or  disappointed 
recommend  to  you  to  make  provision  to  supply  the  deficiency  of  the  thirty  thousand  pounds 
which  must  arise  till  the  proportion  of  this  Colony  shall  arrive  from  Great  Britain. 

City  of  New  York  JAMES  DE  LANCE Y. 

29th  May  \  7GO. 

The  Council  adjourned  till  Tuesday  next  at  11  o  clock  in  the  forenoon. 


Tuesday,  the  third  day  of  June,  1760. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Vrooman  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  to  revive  An  Act  entituled  An  Act  to  empower  the  Justices  of  the  Peace  of 
the  County  of  Albany  living  or  dwelling  in  the  Township  of  Schenectndy  in  the  said  County 
to  regulate  the  Streets  and  Highways  And  to  prevent  Accidents  by  Fire  in  the  said  Town] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Cap1  Livingston  and  Mr  William  Livingston  with 
the  Bill  Entituled  [An  Act  to  revive  An  Act  entituled  An  Act  for  the  better  relief  of  the  Poor 
in  Dutches  County]  desiring  the  Concurrence  of  the  Council  thereto. 

O> dcrcd,  that  the  said  Bills  be  read. 

Then  the  said  Bills  were  read  the  first  time  and 

Oidcrcd  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1760.]  The  Hon.  James  De  Lancey,  Esq :  Lieut.  Governor.  1401 

Wednesday,  the  fourth  day  of  June,  1760. 
The  Council  met  according  to  adjournment. 

PKESENT — The  Honobl6  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Vrooman  and  Mr  Wm  Livingston  with  the  Bill 
Entituled  [An  Act  for  confirming  the  Estates  and  Possessions  and  to  quiet  the  Minds  of  the 
Inhabitants  of  the  Township  of  Schenectady]  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  to  revive  An  Act  entituled  An  Act  to  empower  the 
Justices  of  the  Peace  of  the  County  of  Albany  living  or  dwelling  in  the  Township  of 
Schenectady  in  the  said  County  to  regulate  the  Streets  and  Highways  and  to  prevent  Accidents 
by  Fire  in  the  said  Town]  and 

The  Bill  Entituled  [An  Act  to  revive  An  Act  Etitituled  An  Act  for  the  better  Relief  of  the 
Poor  in  Dutches  County]  be  now  read  the  second  time. 

Then  the  said  two  Bills  were  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  3  o  clock  in  the  afternoon. 


Wednesday,  the  fourth  day  of  June,  1760.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  revive  An  Act  Entituled  An  Act  further  to  empower  the  Justices  of  the  Peace  in  the 
County  of  Albany  living  and  dwelling  in  the  Town  of  Schenectady  in  the  said  County  to  drain 
the  Water  out  of  the  Streets  thereof  with  an  addition  thereto]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  revive  An  Act  entituled  An  Act  to  empower  the  Justices  of  the  Peace  of  the  County 
of  Albany  living  or  dwelling  in  the  Township  of  Schenectady  in  the  said  County  to  regulate 
the  Streets  and  Highways  and  to  prevent  Accidents  by  Fire  in  the  said  Town]  And  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time,  and 

176 


1402  Journal  of  the  Legislative  Council  of  New  York. 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  revive  An  Act  entituled  An  Act  for  the  better  Relief  of  the  Poor  in  Dutches  County] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the 
Committee  had  gone  through  the  said  Bill  &  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  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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have 
passed  the  said  three  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Thursday,  the  fifth  day  of  June,  1760. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honotle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS, 
JOSIAH  MARTIN,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Lispenard  with  the  Bill 
Entituled  [An  Act  to  supply  a  Deficiency  of  the  thirty  thousand  Pounds  therein  mentioned] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  William  Livingston  and  Col  Seaman  with 
the  Bill  Entituled  [An  Act  for  paying  two  thousand  five  hundred  Pounds  for  and  towards 
the  Relief  of  the  Poor  sufferers  by  the  late  Fire  in  the  Town  of  Boston]  desiring  the 
Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Vrooman  with  the  Bill 
Entituled  [An  Act  to  oblige  the  Supervizors  of  the  City  and  County  of  Albany  to  take  an 
Oath  before  they  enter  upon  the  Execution  of  their  Office,  and  for  altering  the  time  of  the 
annual  meeting  of  the  Inhabitants  of  Schohary  in  the  said  County]  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  till  to  Morrow  at  four  o  clock  in  the  afternoon. 


Friday,  the  sixth  day  of  June,  1760.    Post  Mer. 
[The  Council  met  according  to  adjournment.] 

PRESENT  —  The  Hono™'  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Capt  Seaman  and  Mr  Bruyn  with  the  Bill  Entituled 
[An  Act  for  paying  and  discharging  several  sums  of  Money  claimed  as  Debts  of  this  Colony  & 
other  purposes  therein  mentioned]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 


1760.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1403 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

Ordered,  that  the  three  following  Bills  be  now  read  the  second  time  viz 

The  Bill  Entituled  [An  Act  to  supply  a  Deficiency  of  the  thirty  thousand  pounds  therein 
mentioned.] 

The  Bill  Entituled  [An  Act  for  paying  two  thousand  five  hundred  Pounds  for  and  towards 
the  Relief  of  the  Poor  Sufferers  by  the  late  Fire  in  the  Town  of  Boston]  and 

The  Bill  Entituled  [An  Act  to  oblige  the  Supervizors  of  the  City  and  County  of  Albany  to 
take  an  Oath  before  they  enter  upon  the  Execution  of  their  Office  and  for  altering  the  time  of 
the  annual  meeting  of  the  Inhabitants  of  Schohary  in  the  said  County.] 

Then  the  said  three  Bills  were  read  the  second  time  and 

Ordered  to  be  Committed. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  confirming  the  Estates  and  Possessions  and  to 
quiet  the  Minds  of  the  Inhabitants  of  the  Township  of  Schenectady]  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  10  o  Clock. 


Saturday,  the  seventh  day  of  June,  1760. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker. 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esqr9. 

The  Speaker  assumed  the  Chair. 

Ordered  that  the  Bill  Entituled  [An  Act  for  paying  and  discharging  several  sums  of  Money 
claimed  as  debts  of  this  Colony  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  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered,  a  third  Reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled, 
[An  Act  to  supply  a  deficiency  of  the  thirty  thousand  pounds  therein  mentioned]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Committee  had  gone  through  the  said  Bill  und  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  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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  paying  two  thousand  five  hundred  pounds  for  and  towards  the  Relief  of  the  Poor 
sufferers  by  the  late  Fire  in  the  town  of  Boston]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  any 
Amendment. 


1404  Journal  of  the  Legislative  Council  of  New  York. 


i  Awem. 

Sesa'n. 


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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  oblige  the  Supervizors  of  the  City  and  County  of  Albany  to  take  an  Oath  before  they 
enter  upon  the  Execution  of  their  office,  and  for  altering  the  time  of  the  annual  meeting  of 
the  Inhabitants  of  Schohary  in  the  said  County]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Horsrnanden  from  the  Committee  of  the  whole  House  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. 

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  Mr  Walton  do  acquaint  the  General  Assembly,  that  the  Council  have  passed 
the  said  three  Bills  without  any  amendment. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Col :  Haring  with  the  Bill  Entituled 
[An  Act  to  enable  the  Persons  therein  named  to  lay  out  a  Road  from  the  Sterling  Iron  works 
across  the  Highlands  to  Haverstraw  Landing  on  Hudsons  lliver  in  Orange  County]  desiring 
the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Vrooman  and  Mr  Henry  Livingston  with  the 
Bill  Entituled  [An  Act  for  regulating  clearing  and  further  laying  out  publick  Highways 
throughout  the  City  and  County  of  Albany]  desiring  the  Concurrence  ot  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. 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 


Monday,  (he  ninth  day  of  June,  1760. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  ARCHIBALD  KENNEDT,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  to  Enable  the  Persons  therein  named  to  lay  out  a 
Road  from  the  Sterling  Iron  Works  across  the  Highlands  to  Huverstraw  Landing  on  Hudsons 
River  in  Orange  County]  and 

The  Bill  Entituled  [An  Act  for  regulating  clearing  and  further  laying  out  Publick  Highways 
throughout  the  City  and  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  adjourned  till  to  morrow  morning  11  o  clock. 


Tuesday  the  tenth  day  oj  June,  1760. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honofj!e  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  paying  and  discharging  several  Sums  of  Money 
claimed  as  Debts  of  this  Colony  and  other  purposes  therein  mentioned]  be  now  read  the  third 
time. 


1760.]  The  Hon.  James  De  Lancey,  Esq:  Lieut.  Governor.  1405 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Persons  therein  named  to  lay  out  a  Road  from  the  Sterling  Iron  Works  across 
the  Highlands  to  Haverstraw^Landing  on  Hudsons  Landing  (sic)  in  Orange  County]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  Whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  regulating  clearing  and  further  laying  out  publick  Highways  throughout  the  City  and 
County  of  Albany]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  first  and  last  mentioned  of  the  said  three  Bills  without  any  Amendment. 

The  Council  adjourned  till  5  o  clock  Post  Meridiem. 


Friday,  (sic)  tlu  tenth  day  of  June,  1760.  Post  Mer. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honobh  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  regulate  the  Practice  of  Physick  and  Surgery  in  the  City  of  New  York]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  & 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the 
Committee  had  gone  through  the  said  Bill  &  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  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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  and  the  Bill  Entituled  [An  Act  to  enable  the  Persons  therein  named  to  lay  out  a 
Road  from  the  Sterling  Iron  Works  across  the  Highlands  to  Haverstraw  Landing  on  Hudsons 
River  in  Orange  County]  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Alderman  Livingston  with  the  Bill 
Entituled  [An  Act  for  the  better  Regulation  and  Government  of  Seamen  in  the  Merchants 
Service]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 


1406  Journal  of  the  Legislative  Council  of  Neio  York.  [2^h  £.•£"• 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  to 
the  General  Assembly  by  the  Deputy  Secretary  requiring  the  immediate  attendance  of  that 
House. 

And  the  General  Assembly  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  General  Assembly 
was  pleased  to  give  his  assent  to  ten  Bills  the  Titles  whereof  are  as  follow  viz 

An  Act  for  paying  and  discharging  several  Sums  of  Money  claimed  as  Debts  of  this  Country, 
(sic)  and  other  Purposes  therein  mentioned. 

An  Act  to  supply  a  deficiency  of  the  thirty  thousand  Pounds  therein  mentioned. 

An  Act  for  paying  two  thousand  five  hundred  pounds  for  and  towards  the  Relief  of  the  Poor 
sufferers  by  the  late  Fire  in  the  Town  of  Boston. 

An  Act  to  regulate  the  Practice  of  Physick  and  Surgery  in  the  City  of  New  York. 

An  Act  for  regulating  clearing  and  further  laying  out  Publick  Highways  throughout  the  City 
and  County  of  Albany. 

An  Act  to  oblige  the  Supervizors  of  the  City  and  County  of  Albany  to  take  an  Oath  before 
they  enter  upon  the  Execution  of  their  Office  and  for  altering  the  time  of  the  annual  Meeting 
of  the  Inhabitants  of  Schohary  in  the  said  County. 

An  Act  to  revive  An  Act  Entituled  An  Act  further  to  empower  the  Justices  of  the  Peace  in 
the  County  of  Albany  living  and  dwelling  in  the  Town  of  Schenectady  in  the  said  County  to 
drain  the  Water  out  of  the  Streets  thereof  with  an  Addition  thereto. 

An  Act  to  revive  An  Act  Entituled  An  Act  to  empower  tho  Justices  of  the  Peace  of  the 
County  of  Albany  living  or  dwelling  in  the  Township  of  Schenectady  in  the  said  County  to 
regulate  the  Streets  and  High  ways  and  to  prevent  Accidents  by  Fire  in  the  said  Town. 

An  Act  to  revive  An  Act  Entituled  An  Act  for  the  better  Relief  of  the  Poor  in  Dutches 
County. 

An  Act  to  enable  the  Persons  therein  named  to  lay  out  a  Road  from  the  Stirling  Iron  Works 
across  the  Highlands  to  Haverstraw  Landing  on  Hudsons  River  in  Orange  County. 

After  Which  the  said  Acts  were  published  in  the  usual  manner  and  the  Lieutenant  Governor 
the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber,  His  Honour 
was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to  the  Assembly  Chamber 
and  adjourn  the  House  til  Tuesday  the  first  day  of  July  next. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  directed  the  Speaker  of  the  General  Assembly 
to  adjourn  the  House  until  Tuesday  the  first  day  of  July  next. 

The  Council  therefore  adjourned  to  the  said  first  day  of  July  next. 


[N.  T.  Col.  MSS.,  LXXXVIII.,  123.] 

BY  THE  HONOURABLE 

JAMES  DE  LANCEY  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to   Tuesday  the  first 

day  of  July  next,  I  have  thought  fit  for  his  Majesty's  service  to  adjourn,  and  I  do  by  and  with 

the  Advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to   Tuesday  the 

fifth  day  of  August  next  ensuing.    Of  which  ail  his  Majestys  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  eighth  day  of  June  1760  in  the  thirty  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  his  Honours  Command 

Gw  BANYAR  D  Stcnj. 

God  save  the  KING. 


1760.]  Cadwallader  Colden,  Esq  :  President.  1407 


[N-.  T.  Col.  MSS.,  LXXXVIIL,  133.) 
BY  THE  HONOUEABLE 

JAMES  DE  LANCEY  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in  Chief  in 
(L.  s.)    and  over  the  province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  province  stands  adjourned  to  Tuesday  the  fifth  day 
of  August  next  I  have  thought  fit  for  his  Majesty's  Service  to  adjourn  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to  Tuesday  the  second 
day  of  September  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  ninth  day  of  July  1760  in  the  thirty  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  and  so  forth. 

JAMES  DE  LANCEY. 
By  His  Honours  Command 

Gw  BANYAR  D  SHcry. 

God  save  the  KING. 


[  N.  T.  Col.  MSS.,  LXXXVIII.,  147.  1 

BY  THE  HONOURABLE 


CADWALLADER  COLDEN  Esqr  President  of  His  Majesty's  Council  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  -this  Province  stands  adjourned  to  Tuesday  the  second 
day  of  September  next  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  Prorogue  the  said  General  Assembly  to  Tuesday  the 
sixteenth  day  of  September  next  ensuing:  Of  which  all  his  Majesty's  Subjects  concerned  therein 
ara  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  August  1760  in  the  thirty  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  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


1408  Journal  of  the  Legislative  Council  of  New  York.  [2^h  ^™- 

[N.  Y.  Col.  MSS.,  LXXXVIII.,  150.] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esqr  President   of  His  Majesty's  Council  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the 
sixteenth  day  of  September  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and 
I  do  by  and  with  the  Advice  of  his  Majesty's  Council  further  Prorogue  the  said  General 
Assembly  to  Tuesday  the  thirtieth  day  of  September  Instant :  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  eleventh  day  of  September  1760  in  the  thirty  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  and  so  forth. 

CADWALLADER  COLDEN. 
By  his  Honour's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


[  N.  Y.  Col.  MSS.,  LXXXVIII.,  155.  ] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esqr  President  of  His  Majesty's  Council  and   Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province'stands  Prorogued  to  Tuesday  the  thirtieth 
day  of  September  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do  by 
and  with  the  advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to 
Tuesday  the  twenty  first  day  of  October  next,  then  to  meet  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  fifth  day  of  September  1760  in  the  thirty  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  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Ho?iour's  Command 

Gw  BANYAR  D.  Sucry. 

God  save  the  KING. 


1760.]  Cadwallader  Golden,  Esq :  President.  1409 

TWENTY-EIGHTH    ASSEMBLY    THIRD    SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York, 

begun  and  holden  at  the  City  Hall  in  the  City  of  New  York  on  Tuesday  the  twenty 

first  day  of  October  1760  in  the  thirty  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  and  so  forth. 

The  General  Assembly  having  on  the  tenth  day  of  June  last,  by  the  direction  of  His  Honour 
the  late  Lieutenant  Governor,  been  adjourned  to  the  first  day  of  July  last,  were  by  Proclamation 
dated  the  2Slh  day  of  June,  adjourned  until  the  5'h  day  of  August,  and  afterwards  by 
Proclamation  dated  the  29lh  day  o?  July,  adjourned  until  Tuesday  the  second  day  of  September, 
and  the  Government  having  by  the  Death  of  the  said  late  Lieutenant  Governor,  which 
happened  on  the  thirtieth  day  of  the  said  Month  of  July,  devolved  on  the  Honoble  Cadwallader 
Golden  President  of  his  Majesty's  Council,  and  Commander  in  Chief,  His  Honour  the  President 
by  Proclamation  dated  the  2Stb  August,  prorogued  the  General  Assembly  to  the  16th  day  of 
September,  from  thence  by  Proclamation  dated  the  lllh  day  of  September  to  Tuesday  the 
thirtieth  day  of  September,  &  from  thence  by  Proclamation  dated  the  25th  day  of  September, 
further  Prorogued  the  General  Assembly  to  this  day,  then  to  meet  to  proceed  upon  Business. 

The  Council  therefore  met  accordingly, 

PRESENT — The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  3  o'clock  Tomorrow  afternoon. 


Wednesday,  the  22d  day  of  October,  1760.     P.  M. 
The  Council  met  According  to  adjournment. 

PRESENT —  The  HonoUe  ARCHIBALD  KENNEDY,  Esqr,  Speaker. 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Honoble  Cadwallader  Golden  Esqr  President  of  his  Majesty's  Council,  and  Commander  in 
Chief  of  this  Province,  being  come  to  the  Council  Chamber,  sent  a  Message  by  the  Deputy 
Secretary,  requiring  the  immediate  attendance  of  the  General  Assembly  in  the  Council  Chamber 

The  General  Assembly  attending  accordingly. 

His  Honour  the  President  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. 

His  Honour  the  President  attended  as  usual  then  returned  to  the  Fort. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  His  Honour  the  Presidents  Speech  be  read. 

Then  the  Speech  was  read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows. 

Gentlemen  of  the  Council  and  General  Assembly, 

You  have  had  time  to  feel  the  heavy  Loss  this  Province  hath  sustained  by  the  Death  of  the 
Lieutenant  Governor — a  Gentleman,  whose  extensive  Accomplishments,  qualified  him  in  a 
superior  Degree,  for  the  Duties  of  his  Station. 

Sensible  of  my  own  Inability,  I  should  with  the  greatest  Reluctance  have  assumed  the 
Reins  of  Government  at  my  advanced  Age,  had  I  not  reposed  an  intire  Confidence  in  your 
Readiness  to  advise  and  support  me  in  every  Measure  for  the  publick  Good,  and  that  all 
Deficiencies  on  my  Part  would  be  made  up  by  your  Assistance. 

177 


1410  Journal  of  the  Legislative  Council  of  New  York.  [2^h  ^™; 

I  am  happy  in  congratulating  you  on  the  glorious  Success  of  his  Majesty's  Arms,  under  the 
Conduct  of  his  Excellency  General  Amherst,  which  has  compleated  the  Conquest  of  the  whole 
Country  of  Canada.  It  does  the  highest  Honour  to  the  General's  Reputation,  that  he  has  put 
a  Period  to  an  Enterprize  of  such  Moment,  with  so  little  Effusion  of  human  Blood:  and  the 
Clemency  with  which  he  has  on  this  Occasion  treated  the  vanquished,  furnishes  a  striking  Proof 
of  the  different  Disposition  of  the  two  Nations.  The  French  for  many  years  past,  meditating 
the  Ruin  of  these  Colonies,  have  not  scrupled  to  encourage  in  the  Savages  their  Allies,  a  Spirit 
of  the  most  brutal  Inhumanity.  No  sooner  had  the  English  recovered  an  Influence  over  their 
Indians,  than  they  made  it  their  principal  Care  to  restrain  them  from  every  Act  of  Cruelty, 
generously  imploying  that  Authority  to  the  Preservation  of  the  French,  which  in  their  Hands, 
had  been  used  to  such  destructive  purposes  towards  the  Subjects  of  the  British  Nation. 

Freed  from  the  Calamities  which  so  lately  surrounded  us,  we  have  now  before  us  the  pleasing 
Prospect  of  enjoying  in  full  Security,  our  religious  and  civil  Rights.  With  the  deepest  Sense 
of  the  divine  Goodness,  great  must  be  the  Duty  we  owe  to  the  best  of  Kings,  by  whose  paternal 
Care  and  Munificience,  such  eminent  Advantages  have  been  procured  for  his  People,  while  we 
have  every  Motive  that  can  inspire  us  with  Sentiments  of  Love  and  Gratitude  to  our  Mother 
Country,  whose  Treasure,  and  the  Blood  of  whose  Heroes,  have  been  so  liberally  expended  in 
this  Contest.  We  can  indeed  reflect  with  Satisfaction,  that  our  utmost  Endeavours  liave  been 
exerted  on  all  Occasions  for  the  Advancement  of  the  common  Cause,  But  great  as  our  Efforts 
have  been  compared  to  our  Abilities,  without  the  powerfull  Aids  we  have  received,  they  must 
have  proved  ineffectual  even  for  our  Defence. 

Gentlemen  of  the  General  Assembly, 

At  present  I  have  nothing  in  particular  to  recommend  to  you,  but  a  Provision  for  the  Support 
of  his  Majesty's  Government. 

Gentlemen  of  the  Council  and   General  Assembly, 

I  have  every  Inducement  that  can  excite  a  Lover  of  his  Country,  to  study  and  promote  its 
Prosperity.  And  it  will  give  me  the  greatest  Pleasure  to  concur  with  you,  in  whatever  may  be 
thought  necessary  for  this  End,  as  fir  as  is  consistent  with  the  Powers  devolved  on  me  by  this 
casual  Accession  to  the  Administration. 

Fort  George  New  York  CADWALLADER  COLDEN. 

22  October  1760. 

Ordered,  that  His  Honour  the  President's  Speech  be  forthwith  printed. 

Mr  Horsmanden  then  moved  that  an  humble  Address  might  be  presented  by  this  House  to 
his  Honour  the  President  in  answer  to  his  Speech. 

Which  motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  by  this  House  accordingly. 

Ordered,  that  Mr  Horsmanden  Mr  Chambers  and  Mr  Smith  be  and  they  are  hereby  appointed 
a  Committee  to  prepare  the  draft  of  the  said  Address,  and  that  they  lay  the  same  before  this 
House  with  all  convenient  speed. 

The  Council  adjourned  till  Monday  morning  11  o  Clock 


Monday,  the  2Th  day  of  October,  1760.     A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Horsmanden  from  the  Committee  appointed  to  prepare  the  draft  of  an  humble  Address  to 
his  honour  the  President,  Reported  that  the  Committee  had  prepared  a  draft  of  the  said  Address, 
which  he  read  in  his  place,  and  then  delivered  the  same  in  at  the  Table,  where  the  same  was 
again  read,  and  being  amended  was  agreed  to  and 

Ordered  to  be  engrossed. 

The  Engrossed  Address  to  his  Honour  the  President  was  read  and  approved  of 

Ordered,  that  the  Speaker  do  sign  the  said  Address  who  having  signed  the  same. 
Ordered,  that  Mr  Chambers  and  Mr  Smith  do  wait  on  his  Honour  the  President,  and  desire  to 
know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  Address. 


1760.]  Cadwallader  Golden,  Esq :  President.  1411 

The  said  Gentlemen  being  returned,  reported  that  they  had  waited  on  his  Honour  the 
President,  and  delivered  the  said  Message,  and  that  he  was  pleased  to  say  he  would  receive  the 
Councils  Address  to  morrow  morning  at  11.  o  clock  in  the  Council  Chamber  in  Fort  George. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Tuesday,  the  28'A  day  of  October,  1760.     A.  M. 

The  Council  met  according  to  adjournment. 
PRESENT —  The.  Honoble  ARCHIBALD  KENNEDY,  Esquire,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and  with 

The  Council  went  to  Fort  George  to  present  the  Humble  Address  of  this  House  to  his 
Honour  the  President,  and  being  returned. 

The  Speaker  resumed  the  Chair  and 

Reported  that  having  with  the  Council,  attended  his  Honour  the  President,  and  read  and 
presented  to  him  the  humble  Address  of  this  House. 

His  Honour  had  been  pleased  to  return  a  favourable  Answer  thereto,  which  he  delivered  in 
at  the  Table  where  the  same  was  read. 

Ordered,  that  the  said  Address  and  Answer  be  entered  in  the  Minutes  of  this  House  which 
are  as  follow 

To  the  Honoble  CADWALLADER  GOLDEN  Esquire  President  of  his  Majesty's  Council,  and 
Commander  in  Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon 
in  America. 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour 

We  His  Majesty's  most  dutyful  and  Loyal  Subjects,  the  Council  for  the  Province  of  New 
York,  return  you  our  hearty  thanks  for  your  Speech. 

Under  a  deep  Resentment  of  the  loss  the  Publick  has  sustained,  by  the  Death  of  the  Late 
Lieutenant  Governor,  we  cannot  but  concur  with  your  Honour  in  paying  that  Tribute  to  his 
Memory  which  his  Merit  so  justly  deserved. 

Diflident  as  you  are  Sir  of  your  own  abilities,  yet  from  your  long  experience,  and  intimate 
acquaintance  with  Publick  Business,  we  are  well  perswaded  of  your  Sufficiency  for  the  discharge 
of  the  Duties  of  the  important  Station  you  have  the  Honour  to  sustain :  And  the  Assistance 
you  are  pleased  to  expect  from  us,  we  esteem  no  more  than  our  bounden  duty  to  his  Majesty 
and  the  Publick  Weal  of  the  Province,  to  which  we  shall  always  most  Chearfully  contribute. 

Wanned  with  a  grateful  sense  of  the  Divine  Godness  to  Great  Britain,  and  these  Colonies, 
we  return  your  Honour  our  hearty  congratulations,  on  the  most  Glorious  Success  of  his 
Majesty's  Arms.  His  Excellency  General  Amherst  has  indeed  compleated  the  Conquest  of  the 
whole  Country  of  Canada.  An  Event  in  its  Nature  of  the  utmost  Importance,  and  from 
Difficulties  seemingly  insuperable,  till  of  Late  rather  the  object  of  our  wishes  than  Expectation. 

It  gives  us  the  highest  pleasure,  that  an  Enterprise  of  such  moment,  has  been  effected  with 
so  little  Effusion  of  human  Blood.  Herein  the  General  has  done  honour  to  Great  Britain  and 
poured  shame  upon  our  Enemies,  who  on  their  part  have  conducted  this  War,  in  many  instances, 
with  the  most  brutal  Inhumanity,  And  at  the  same  time  have  had  the  Insolence  to  attribute 
those  Cruelties  to  the  Savages,  which  were  effected  by  their  own  Instigation.  The  General  has 
now  given  an  incontestible  Proof  to  our  Enemies,  that  the  Savage  Disposition  of  the  Indian 
Natives,  is  capable  of  Restraint  The  Clemency  shewn  towards  a  vanquish'd  People  considering 
their  Demerits  must  ever  redound  to  the  Honour  of  his  Majesty's  Arms,  and,  transmit  that 
Glory  to  Posterity,  which  we  trust  will  never  be  eclipsed. 

After  the  dire  Calamities  so  lately  surrounding  us,  there  opens  to  us  the  most  pleasing 
Prospect  of  enjoying  our  Religious  and  Civil  Rights,  in  full  security.  Melancholy  was  our  case 
through  a  series  of  sad  events,  from  the  commencement  of  the  War  til  the  Reduction  of 
Louisburg,  at  which  period  our  desponding  hopes  reviv'd  and  were  afterwards  reanimated  by 
the  glorious  acquisition  of  the  Capital  of  Canada. 

With  most  grateful  hearts  we  acknowledge  the  Divine  favour  in  the  Happy  turn  of  our 
Affairs,  professing  our  unalienable  duty  to  the  best  of  Kings  for  his  Paternal  Care  and 


1412  Journalot  the  Legislative  Council  of  New  York.  [2idhse88"6T 

Munificence,  who  by  the  wisdom  of  his  Councils,  has  been  the  Instrument  in  the  Hands  of 
Providence,  whereby  such  eminent  advantages  have  been  acquired,  not  only  to  his  American, 
but  European  Subjects.  Advantages  inestimable,  considered  in  all  possible  views.  May  his 
Majesty's  Virtues,  His  Crown  and  Dominions,  be  transmitted  to  his  Royal  Posterity,  till  time 
shall  be  no  more. 

We  feel  every  motive  that  can  inspire  us  with  sentiments  of  Love  and  Gratitude  to  our 
Mother  Country,  whose  Treasures  have  been  so  liberally  expended  in  this  Contest,  and  the 
Blood  of  whose  Heroes  have  been  nobly  shed  in  this  most  Just  and  interresting  Cause. 

That  we  have  exerted  our  utmost  strength  under  the  weakness  of  our  Infant  State  for  the 
advancement  of  the  Common  Cause,  we  reflect  upon  with  great  Satisfaction  But  it  is  very 
Evident  that  our  utmost  Endeavours  would  have  proved  ineffectual  even  for  our  own  defence, 
without  the  powerful!  aid  which  his  Majesty  has  been  graciously  pleased  to  afford. 

Happy  will  the  Condition  of  these  Colonies  be  if  the  advantages  acquired  by  the  present 
War  are  retained  at  the  Conclusion  of  it  Dangerons  and  precarious  must  their  Situation  be,  if 
in  the  Event  they  a«ain  Fall  into  the  hands  of  such  an  enterprising  perfidious  Enemy. 

Convinced,  Sir,  of  your  regard  for  this  Country,  we  doubt  not  you  will  make  its  prosperity 
your  Study,  and  we  beg  leave  to  assure  you,  that  nothing  shall  be  wanting  on  our  Part, 
conducive  to  this  End,  or  to  your  own  ease  in  the  Course  of  your  Administration. 

By  order  of  the  Council 

Council  Chamber  ARCH  KENNEDY  Speaker. 

New  York  2SIh  October  1760. 

His  Honour  the  PRESIDENTS  Answer. 
Gentlemen, 

I  Return  you  my  Thanks  for  this  obliging  Address,  and  the  opinion  you  entertain  of  my 
Regard  for  this  Country. 

The  Conduct  of  his  Majestys  Council,  has  on  all  occasions  been  such  as  must  approve  them 
to  our  gracious  Sovereign. 

While  I  am  so  happy  as  to  retain  your  favourable  Sentiments  I  flatter  myself  that  with  the 
assistance  I  shall  always  rely  on  having  from  you,  my  administration  will  contribute  to  his 
Majesty's  Service,  and  the  Prosperity  of  the  Province,  which  cannot  fail  of  making  it  perfectly 
agreable  and  easy  to  my  self. 
Fort  George  New  York  CADWALLADER  C OLDEN. 

28th  October  1760. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 
The  Council  adjourned  til  Friday  next  at  11  o  clock  in  the  Morning. 


Friday,  the  31s'  day  of  October,  1760.     A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honob!e  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Mr  Vrooman  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Actentituled  An  Act  for  granting  to  his  Majesty  the 
several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony 
therein  mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Lispenard  and  Mr  Schenck  with  the  Bill 
Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  for  regulating  the  Militia  of  the  Colony 
of  New  York  together  with  the  several  Acts  therein  mentioned  respecting  the  regulating  the 
Militia]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Alderman  Livingston  and  Mr  Hicks  with  the 
Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  Billeting  and  quartering 
his  Majesty's  Forces  within  this  Colony]  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  till  to  Morrow  Morning  11  o  clock. 


1760.]  Cadwallader  Golden,  Esq:  President.  1413 

Saturday,  the  first  day  of  November,  17GO.    A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DAXIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

Oidcrcd  that  the  Bill  Entitled  [An  Act  further  to  continue  An  Act  entitled  An  Act  for 
granting  lo  his  Majesty  the  several  duties  and  Impositions  on  Goods  Wares  and  Merchandizes 
imported  into  this  Colony  therein  mentioned  ] 

The  Bill  Entitled  [An  Act  to  continue  An  Act  entitled  An  Act  for  regulating  the  Militia 
of  the  Colony  of  New  York  together  with  the  several  Acts  therein  mentioned  respecting  the 
regulating  the  Militia]  and 

The  Bill  Entitled  [An  Act  further  to  continue  An  Act  entitled  An  Act  for  billeting  and 
quartering  his  Majesty's  Forces  within  this  Colony]  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  Morning  11  o  Clock. 


Monday  the  3d  day  of  November,  17GO.     A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esquires. 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Cap'tain  Livingston  and  Colonel  Lott  with  the  Bill 
Entitled  [An  Act  to  continue  An  Act  Entitled  An  Act  for  the  better  apprehending  and  securing 
Deserters  from  his  Majesty's  Forces  in  America  together  with  an  Act  therein  mentioned]  desiring 
the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Bruyn  with  the  Bill 
Entitled  [An  Act  to  regulate  the  collecting  the  duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  day  of  January  One  thousand  seven  hundred  and  sixty  one  to  the 
first  day  of  January  one  thousand  seven  hundred  and  sixty  two]  desiring  the  Concurrence  of 
the  Council  thereto. 

Ordered  that  the  said  two  Bills  be  read. 

Then  the  said  two  Bills  were  read  tbe  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Wisner  with  the  Bill 
Entitled  [An  Act  to  continue  An  Act  Entitled  An  Act  to  prevent  the  setting  on  fire  or  burning 
the  old  Grass  on  liempstead  Plains  with  an  addition  thereto]  desiring  the  Concurrence  of  the 
Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Hicks  and  Colonel  Lott  with  the  Bill  Entitled 
[An  Act  further  to  continue  An  Act  Entitled  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  sd  two  Bills  be  read. 

Then  the  said  two  Bills  were  read  the  first  time  and 

Ordered  a  second  Reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  further  to  cominue  An  Act  Entitled  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 


1414  Journal  of  the  Legislative  Council  of  New  York. 

Mr  Horsmnnden  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  said  Biil  and  directed  him  to  report  the  same  without  any 
Amendment. 

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

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  continue  An  Act  entitled  An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York 
together  with  the  several  Acts  therein  mentioned  respecting  the  regulating  the  Militia]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Comittee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  further  to  continue  An  Act  entitled  An  Act  for  billeting  and  quartering  his  Majesty's 
Forces  within  this  Colony]  find  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Horsmanden  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the 
Committee  had  gone  through  the  sd  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  three  o  clock  in  the  afternoon. 


Monday,  the  third  day  of  November,  1760.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esquires. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  four  following  Bills  be  now  read  the  second  time  viz' 

The  Bill  Entitled  [An  Act  to  continue  An  Act  entitled  An  Act  for  the  better  apprehending 
and  securing  deserters  from  his  Majesty's  Forces  in  America  with  another  Act  therein  mentioned.] 

The  Bill  Entitled  [An  Act  to  regulate  the  collecting  the  Duty  of  Excise  on  Strong  Liquors 
retailed  in  this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  one 
to  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  two.] 

The  Bill  Entitled  [An  Act  to  continue  An  Act  entitled  An  Act  to  prevent  the  setting  on  fire 
or  burning  the  old  Grass  on  Hempstead  Plains  with  an  Addition  thereto]  and 

The  Bill  Entitled  [An  Act  further  to  continue  An  Act  Entitled  An  Act  to  prevent  the  penning 
and  folding  of  Sheep  and  neat  Cattle  feeding  on  Hempstead  Plains.] 

Then  the  said  four  Bills  were  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1760.]  Cadwallader  Golden,  Esq  :  President.  1415 

Tuesday,  the  fourth  day  of  November,  1760.     A   M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Lispenard  with  the  Bill  Entitled 
[An  Act  for  the  better  Government  and  Regulation  of  Seamen  in  the  Merchants  Service] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Colonel  Lott  and  Mr  Hicks  with  the  Bill  Entitled 
[An  Act  further  to  continue  the  Currency  of  the  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. 

Ordered,  that  the  said  two  Bills  be  read. 

Then  the  said  two  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Hicks  and  Mr  Miller  with  the  Bill  Entitled  [An 
Act  for  the  better  regulating  the  Taxation  of  Estates  in  Queens  County  and  for  repealing  An 
Act  entitled  An  Act  for  the  more  effectual  Taxation  of  Estates  in  Queens  County  passed  in  the 
twenty  seventh  year  of  his  present  Majesty's  Reign]  desiring  the  Concurrence  of  the  Council 
thereto. 

A  Message  from  the  General  Assembly  by  Mr  Hicks  and  Mr  Wisner  with  the  Bill  Entitled 
[An  Act  for  the  better  regulating  and  further  laying  out  Publick  Highways  in  Queens  County] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Bruyn  and  Mr  Haasbrouck  with  the  Bill  Entitled 
[An  Act  for  the  more  equal  Taxation  of  Estates  in  Ulster  County]  desiring  the  Concurrence 
of  the  Council  thereto. 

Ordered,  that  the  said  three  Bills  be  read. 

Then  the  said  three  Bills  were  read  the  first  lime  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  continue  An  Act  entitled  An  Act  for  the  better  apprehending  and  securing  deserters 
from  his  Majesty's  Forces  in  America  together  with  another  Act  therein  mentioned]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  regulate  the  collecting  the  duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony 
from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  one  to  the  first  day  of 
January  one  thousand  seven  hundred  and  sixty  two]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  continue  An  Act  entitled  An  Act  to  prevent  the  setting  on  fire  or  burning  the  old  Grass 
on  Hempstead  Plains  with  an  Addition  thereto]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  Reading. 


1416  Journal  of  the  Legislative  Council  of  New  York. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  further  to  continue  An  Act  entitled  An  Act  to  prevent  the  penning  and  folding  of  Sheep 
and  neat  Cattle  feeding  on  Hempsted  Plains]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  Q.uestion  being  put  was  agreed  to  and  approved  of  and  the  Bill 

Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entitled  [An  Act  further  to  continue  An  Act  entitled  An  Act  for 
granting  to  his  Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes 
imported  into  this  Colony  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  to  continue  An  Act  Entitled  An  Act  for  regulating 
the  Militia  of  the  Colony  of  New  York  together  with  the  several  Acts  therein  mentioned 
respecting  the  regulating  the  Militia]  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  further  to  continue  An  Act  Entitled  An  Act  for 
billeting  and  quartering  his  Majesty's  Forces  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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendment. 

The  Council  adjourned  till  three  o  Clock  Post  Meridian. 


Tuesday,  the  fourth  day  of  November,  1760.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker. 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esquires. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  five  following  Bills  be  now  read  the  second  time  viz' 

The  Bill  Entitled  An  Act  for  the  better  Government  and  Regulation  of  Seamen  in  the 
Merchants  Service. 

The  Bill  Entitled  An  Act  further  to  continue  the  Currency  of  the  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. 

The  Bill  Entitled  An  Act  for  the  better  regulating  the  Taxation  of  Estates  in  Queens 
County  and  for  repealing  An  Act  entitled  An  Act  for  the  more  equal  Taxation  of  Estates  in 
Queens  County  passed  in  the  twenty  seventh  year  of  his  present  Majesty's  Reign. 

The  Bill  Entitled  An  Act  for  the  better  regulating  and  further  laying  out  publick  Highways 
in  Queens  County.  And 

The  Bill  Entitled  An  Act  for  the  more  equal  Taxation  of  Estates  in  Ulster  County. 

Then  the  said  five  Bills  were  read  the  second  time  and 

Ordered  to  be  committed. 

Ordered  that  the  Bill  Entitled  [An  Act  to  continue  An  Act  entitled  An  Act  for  the  better 
apprehending  and  securing  Deserters  from  His  Majesty's  Forces  in  America  together  with 
another  Act  therein  mentioned]  Be  now  read  the  third  time. 

Then  the  sd  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolvd,  that  the  sd  Bill  do  pass. 

Ordered,  that  the  Bill  Entitled  [An  Act  to  regulate  the  collecting  the  duty  of  Excise  on 
strong  Liquors  retailed  in  this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred 
and  sixty  one  to  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  two]  Be  now 
read  the  third  time. 


1760.]  Cadwallader  Golden,  Esq  :  President.  1417 

Then  the  sd  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved  that  the  sd  Bill  do  Pass. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entitled  [An  Act  to  continue  An  Act  Entitled  An  Act  to  prevent 
the  setting  on  fire  or  burning  the  old  Grass  on  Hempstead  Plains  with  an  Addition  thereto]  be 
now  read  the  third  time. 

Then  the  sd  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  further  to  continue  An  Act  entitled  An  Act  to 
prevent  the  penning  and  folding  of  Sheep  and  neat  Cattle  feeding  on  Hampstead  Plains]  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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  10  o  clock. 


Wednesday,  the  5'A  day  of  November,  1760.     A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 

JOHN  CHAMBERS, 

WILLIAM  SMITH, 

JOHN  WATTS, 

JOSIAH  MARTIN,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  for  the  better  Government  and  Regulation  of  Seamen  in  the  Merchants  Service]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  further  to  continue  the  Currency  of  the  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]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  house  on  the  Bill  Entitled  [An 
Act  for  the  better  regulating  the  Taxation  of  Estates  in  Queens  County  and  for  repealing  An 
Act  Entitled  An  Act  for  the  more  equal  Taxation  of  Estates  in  Queens  County  passed  in  the 
twenty  seventh  year  of  his  present  Majesty's  Reign]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

178 


1418  Journal  of  the  Legislative  Council  of  New  York.  [2!dh  s^' 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  for  the  better  regulating  and  further  laying  out  Publick  Highways  in  Queens  County]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  for  the  more  equal  Taxation  of  Estates  in  Ulster  County]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Alderman  Livingston  with  the  Bill 
Entitled  [An  Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  for  the  time  being  or  the  Major  part  of  them  to  order  the  raising  a  Sum  not 
exceeding  five  hundred  Pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Captain  Livingston  and  Mr  Ten  Eyck  with  the 
Bill  Entitled  [An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the  several  officers  of 
the  Government  to  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  two] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Alderman  Livingston  and  Mr  Hicks  with  the  Bill 
Entitled  [An  Act  for  making  Process  in  Courts  of  Equity  effectual  against  Mortgagors  who 
abscond  and  cannot  be  served  therewith  or  who  refuse  to  appear]  desiring  the  concurrence  of 
the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Vrooman  and  Mr  Bruyn  with  the  Bill  Entitled 
[An  Act  for  the  extinguishing  Fires  in  woods  in  the  counties  of  Albany  and  Ulster]  desiring 
the  concurrence  of  the  Council  thereto. 

Ordered  that  the  said  four  Bills  be  read. 

Then  the  said  four  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  tiil  to  Morrow  Morning  11  o  clock. 


Thursday,  the  sixth  day  of  November,  1760.     A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esquires. 

The  Speaker  assumed  the  Ch;,ir. 

Ordered  that  the  Bill  Entitled  [An  Act  for  the  better  Government  and  Regulation  of  Seamen 
in  the  Merchants  Service]  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. 

Mr  Smith  dissented  to  the  said  Bill  and  his  Dissent  is  entered  accordingly  with  leave  to  insert 
his  Reasons  in  the  Minutes. 

Ordered,  that  the  Bill  Entitled  [An  Act  further  to  continue  the  Currency  of  the  Bills  of 
Credit  emitted  by  virtue  of  An  Act  Entitled  An  Act  for  emitting  Bills  of  Credit  for  the  Payment 
ot  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  said  Bill  do  pass. 

Ordered  that  the  Bill  Entitled  [An  Act  for  the  better  regulating  the  Taxation  of  Estates  in 
Queens  County  and  for  repealing  An  Act  Entitled  An  Act  for  the  more  equal  Taxation  of 


1760.]  (jadwallader  Golden,  Esq :  President.  1419 

Estates  in  Queens  County  passed  in  the  twenty  seventh  year  of  his  present  Majesty's  Reign]  Be 
now  read  the  third  time. 

Then  the  said  Bill  was  read  th«  third  time  and 

On  the  Question  being  put 

Resolved  that  the  said  Bill  do  pass. 

Ordered  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

Ordered  that  the  Bill  Entitled  [An  Act  for  the  better  regulating  and  further  laying  out 
publick  Highways  in  Queens  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  Bill  Entitled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  Ulster 
County]  be  now  read  the  third  time. 

Then  the  said  Bill  wa-<  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Mirtiu  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  last  mentioned  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entitled  [An  Act  to  empower  and  enable  the  Mayor  Recorder  and 
Aldermen  of  the  City  of  New  York  for  the  time  being  or  the  major  part  of  them  to  order  the 
raising  a  Sum  not  exceeding  five  hundred  Pounds  by  a  Tax  on  Estates  real  and  Personal  in  the 
said  City]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  Place  Reported  th;it  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  the  Bill 

Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entitled  [An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the 
several  Officers  of  the  Government  to  the  first  day  of  September  One  thousand  seven  hundred 
and  sixty  one]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Cammittee  of  the  whole  House  in  his  Place  Reported  that  the 
Committee  had  gone  through  the  said  Bill  and  ordered  him  to  report  the  same  without  any 
Amendment. 

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

Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entitled  [An  Act  for  making  Process  in  Courts  of  Equity  effectual 
against  Mortgagors  who  abscond  and  cannot  be  served  therewith  or  who  refuse  to  appear]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the 
Committee  had  gone  through  the  said  Bill  and  ordered  him  to  report  the  same  without  any 
Amendment. 

Which  Report  on  the  Question  being  put  was  agreed  to  and  approved  of  and  the  Bill 
Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entitled  [An  Act  for  the  extinguishing  Fires  in  Woods  in  the  Counties 
of  Albany  and  Ulster]  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 


2lab 


1420  Journal  of  the  Legislative  Council  of  New  York.  [ 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Friday,  the  1th  day  of  November,  1760. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HOESMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Smith  delivered  in  at  the  Table  his  REASONS  against  passing  the  Bill  for  the  Regulation  of 
Seamen  in  the  Merchants  service.     Which  were 
Ordered  to  be  entered  and  are  as  follow 

First  It  exposes  the  Liberty  of  the  Subject  to  the  Arbitrary  Decision  of  a  Justice  of  the 
Peace,  contrary  to  the  Great  Charter,  and  therein  exceeds  the  power  of  Legislation  within  this 
Province. 

2dly  It  leaves  the  mariner  too  much  in  the  Power  of  the  Master,  who  would  not  be  obliged 
by  any  words  in  the  Bill  to  give  the  Seamen  a  discharge  in  writing  when  his  Contract  is 
performed,  and  yet  his  wages  may  be  detained  for  want  of  it. 

3dly  It  bears  excessively  hard  upon  a  Seaman,  who  when  out  of  Business,  and  perhaps  a 
Stranger  waiting  for  Justice  may  have  no  money,  and  yet  cannot  have  any  Credit  for  the 
Necessaries  of  life  from  any  Innholder  beyond  ten  shillings. 

4»wy  It  wants  that  due  Temperament  of  Justice  and  Equity,  requisite  in  all  Laws.  It  does 
not  sufficiently  express  nor  effectually  secure  the  rights  of  Seamen.  It  carries  penaltys  against 
them  beyond  the  British  Act  of  Parliament  and  tends  to  Reduce  them  to  a  kind  of  Vassalage 
and  Slavery  to  Masters  and  owners  of  Vessells,  in  a  manner  inconsistent  with  the  Spirit  and 
freedom  of  the  British  Constitution. 

5thly  It  is  utterly  inconsistent  with  sound  policy  to  put  Seamen  under  unreasonable  hardships 
and  Discouragements,  while  the  Wealth  and  Power  of  Great  Britain  and  its  Colonies  depends 
so  much  upon  Seamen. 

For  which  Reasons  among  some  others  appearing  to  me  in  the  Bill,  I  hold  myself  obliged  to 
dissent  from  its  passing  this  House  in  its  present  form  without  Amendment. 

WM  SMITH  6th  Novr  1760. 

Ordered,  that  the  Bill  Entitled  [An  Act  to  empower  and  enable  the  Mayor,  Recorder  and 
Aldermen  of  the  City  of  New  York,  for  the  time  being  or  the  major  part  of  them,  to  order  the 
raising  a  sum  not  exceeding  five  hundred  Pounds,  by  a  Tax  on  Estates  real  and  personal  in  the 
said  City]  be  now  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  sd  Bill  do  pass. 

Ordered,  that  the  Bill  Entitled  [An  Act  for  the  payment  of  the  Salaries  and  services  of  the 
several  Officers  of  the  Government  to  the  first  day  of  September  one  thousand  seven  hundred 
and  sixty  one]  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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have 
passed  the  said  two  Bills  without  any  amendment. 

Ordered,  that  the  Bill  Entitled  [An  Act  for  making  Process  in  Courts  of  Equity  effectual 
against  Mortgagors  who  abscond  and  cannot  be  served  therewith  or  who  refuse  to  appear]  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. 


1760.]  Cadwallader  Golden,  Esq  :  President.  1421 

Ordered,  that  the  Bill  Entitled  [An  Act  for  extinguishing  fires  in  Woods  in  the  Counties  of 
Albany  and  Ulster]  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills,  without  any  amendment. 

A  Message  from  the  General  Assembly  by  Mr  Verplanck  and  Captain  Seaman  with  the  Bill 
Entitled  [An  Act  to  empower  William  Baker  and  Robert  Charles  Esquires  of  the  City  of 
London  to  receive  certain  sums  of  money  allotted  to  this  Colony,  out  of  the  Monies  Voted  by 
Parliament  for  the  Northern  Colonies]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Renselear  and  Mr  Dow  with  the  Bill  Entitled 
[An  Act  for  altering  and  explaining  part  of  An  Act  Entitled,  An  Act  for  regulating,  clearing 
and  further  laying  out  Publick  Highways  throughout  the  City  and  County  of  Albany]  desiring 
the  concurrence  of  the  council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Vrooman  and  Mr  Ten  Eyck  with  the  Bill 
Entitled  [An  Act  for  confirming  the  Estates  and  Possessions,  and  to  quiet  the  minds  of  the 
Inhabitants  of  the  Township  of  Schenectady]  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. 

A  Message  from  the  General  Assembly  by  Mr  Wisner  and  Colonel  Haring  with  the  Bill 
Entitled  [An  Act  for  the  better  laying  out,  regulating  and  keeping  in  repair  common  and 
publick  Highways  at  the  North  side  of  the  Highlands  in  the  County  of  Orange]  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  till  3  o  clock  Post  Meridiem. 


Friday,  the  7"'  day  of  November,  1760.     P.  M. 
The  Council  met  according  to  agreement. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esquires. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  Bill  Entitled  [An  Act  to  empower  William  Baker  and  Robert  Charles 
Esq™  of  the  City  of  London  to  receive  certain  sums  of  Money  allotted  to  this  Colony  out  of 
the  Monies  voted  by  Parliament  for  the  Northern  Colonies]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entitled  [An  Act  for  altering  and  explaining  part  of  An  Act  entitled, 
An  Act  for  regulating  clearing  and  further  laying  out  Publick  Highways  throughout  the  City 
and  County  of  Albany]  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 


1422  Journal  of  the  Legislative  Council  of  New  York.  [:^h  ££™ 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

Ordered,  that  the  Bill  Entitled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in 
repair  common  and  publick  Highways  at  the  North  side  of  the  Highlands  in  the  County  of 
Orange]  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  itself  into  a  Committea  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  sd  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Saturday,  the  8th  day  of  November,  1760.    A.  M. 

The  Council  met  according  to  adjournment. 

PRESENT  —  Tke  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esqr*. 

Ordered,  that  the  Bill  Entitled  [An  Act  to  empower  William  Baker  and  Robert  Charles 
Esquires  of  the  City  of  London,  to  receive  certain  sums  of  money  allotted  to  this  Colony  out  of 
the  Monies  voted  by  Parliament  for  the  Northern  Colonies]  bj  now  read  the  third  time. 

Then  the  sd  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  altering  and  explaining  part  of  An  Act  entitled 
An  Act  for  regulating  clearing  and  further  laying  out  publick  Highways  throughout  the  City 
and  County  of  Albany]  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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

Ordered,  that  the  Bill  Entitled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in 
Repair  common  and  publick  Highways  at  the  North  side  of  the  Highlands  in  the  County  of 
Orange]  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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

His  Honour  the  President  being  come  to  the  Council  Chamber  sent  a  Message  by  the  Deputy 
Secretary  to  the  General  Assembly  requiring  the  immediate  Attendance  of  that  House 

And  the  General  Assembly  attending  accordingly 

His  Honour  the  President  in  presence  of  the  Council  and  General  Assembly  was  pleased  to 
give  his  Assent  to  nineteen  Bills  the  Titles  whereof  are  as  follow. 

An  Act  further  to  continue  An  Act  Entitled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the  Several  Officers  of  the  Government 
to  the  first  day  of  September  One  Thousand  Seven  hundred  and  Sixty  One. 

An  Act  to  Continue  an  Act  entitled  An  Act  for  regulating  the  Militia  of  the  Colony  of  New 
York  together  with  the  several  Acts  therein  mentioned  respecting  the  regulating  the  Militia. 


1760.]  Cadwallader  Golden,  Esq :  President.  1423 

An  Act  further  to  Continue  an  Act  entitled  An  Act  for  billeting  and  Quartering  his  Majesty's 
forces  within  this  Colony. 

An  Act  to  Continue  an  Act  entitled  An  Act  for  the  better  Apprehending  and  Securing 
deserters  from  his  Majesty's  forces  in  America  together  with  another  Act  therein  mentioned. 

An  Act  to  regulate  the  Collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this 
Colony  from  the  first  day  of  January  One  Thousand  Seven  hundred  and  Sixty  One  To  the  first 
day  of  January  One  Thousand  Seven  hundred  and  Sixty  two. 

An  Act  for  the  better  Government  and  Regulation  of  Seamen  in  the  Merchants  Service. 

An  Act  further  to  Continue  the  Currency  of  the  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. 

An  Act  for  making  process  in  Courts  of  Equity  effectual  against  Mortgagors  who  abscond  and 
Cannot  be  Served  therewith,  or  who  refuse  to  Appear. 

An  Act  to  impower  William  Baker  and  Robert  Charles  Esquires  of  the  City  of  London  to 
receive  Certain  Sums  of  Money  Alloted  to  this  Colony  by  his  Majesty  out  of  the  Monies  Voted 
by  Parliament  for  the  Northern  Colonies. 

An  Act  to  Continue  an  Act  entitled  An  Act  to  prevent  the  Setting  on  Fire  or  burning  the 
Old  Grass  on  Hempstead  Plains  with  an  Addition  thereto. 

An  Act  further  to  Continue  an  Act  entitled  An  Act  to  Prevent  the  penning  and  Folding  of 
Sheep  and  Neat  Cattle  Feeding  on  Hempstead  Plains. 

An  Act  for  the  better  regulating  the  Taxation  of  Estates  in  Queens  County  and  for  repealing 
An  Act  entitled,  An  Act  for  the  more  equal  Taxation  of  Estates  in  Queens  County  passed  in 
the  Twenty  Seventh  Year  of  his  present  Majesty's  Reign. 

An  Act  for  the  better  regulating  and  further  laying  Out  publick  highways  in  Queens  County. 
An  Act  for  the  more  equal  Taxation  of  Estates  in  Ulster  County. 

An  Act  to  impower  and  enable  the  Mayor,  Recorder  and  Aldermen  of  the  City  of  New  York 
for  the  Time  being  or  the  major  part  of  them  to  order  the  raising  a  Sum  not  Exceeding  five 
hundred  Pounds  by  a  Tax  on  Estates  real  and  personal  in  the  said  City. 

An  Act  for  the  Extinguishing  fires  in  Woods,  in  the  Counties  of  Albany  and  Ulster. 

An  Act  for  altering  and  Explaining  part  of  an  Act,  entitled,  An  Act  for  regulating,  Clearing, 
and  further  laying  out  publick  highways  throughout  the  City  and  County  of  Albany. 

An  Act  for  the  better  laying  Out  regulating  and  keeping  in  repair  Common  and  publick 
highways  at  the  North  Side  of  the  Highlands  in  the  County  of  Orange. 

Afier  which  the  said  nineteen  Acts  were  published  in  the  usual  manner,  and  his  Honour  the 
President,  the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber,  The 
president  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to  the  Assembly 
Chamber  and  adjourn  that  House  to  Tuesday  the  sixth  day  of  January  next. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  President  having  directed  the  Speaker  of  the  General  Assembly  to  adjourn 
that  House  to  Tuesday  the  sixth  day  of  January  next. 

The  Council  therefore  adjourned  to  the  said  sixth  day  of  January  which  will  be  in  the  year 
of  our  Lord  one  thousand  seven  hundred  and  sixty  one. 


[  N.  T.  Col.  MSS.,  LXXXIX.,  56.  ] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esquire  President  of  His  Majesty's  Council  and  Commander  in 
(L.  s )    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  sixth 
day  of  January  next  I  have  thought  fit  for  his  Majesty's  Service  to  adjourn  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to  Tuesday  the 


1424  Journal  of  the  Legislative  Council  of  New  York.  [2^h  &• 

third  day  of  February  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  thirty  first  day  of  December  in  the  thirty  fourth  year  of  the  Eeign  of  our 
Sovereign  Lord  George  the  Second  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D.  Secry. 

God  save  the  KING. 


[X.  T.  Col.  MSS.  LXXXIX.,  75.] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN,  Esquire  President  of  His  Majesty's  Council  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  in  pursuance  of  his  Majesty's  Writts  bearing  date  the  twenty  first  day  of  January 
last,  the  Representatives  to  be  chosen  by  virtue  of  the  said  Writts,  are  to  be  and  appear  at  the 
city  of  New  York  on  Tuesday  the  third  day  of  March  Instant,  to  Assist  in  a  General  Assembly 
to  be  then  and  there  held  for  the  said  Province  I  have  thought  fit  for  his  Majesty's  Service  to 
Prorogue  the  said  General  Assembly  And  I  do  by  and  with  the  advice  of  his  Majesty's  Council 
prorogue  the  said  General  Assembly  to  Tuesday  the  tenth  day  of  March  Instant  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  second  day  of  March  ]761  in  the  fir.t  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God,  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D.  SScry. 

God  save  the  KING. 


TWENTY-NINTH  ASSEMBLY     FIRST  SESSION 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York 
begun  and  holden  at  the  City  Hall  in  the  City  of  New  York  on  Tuesday  the  tenth 
day  of  March  in  the  first  year  of  the  Reign  of  our  Soveraign  Lord  George  the  Third 
by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth,  and  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
sixty  one. 

The  General  Assembly  of  this  Province  being  dissolved  on  the  Demise  of  his  late  Majesty 
King  George  the  Second,  Writts  were  issued  on  the  twenty  first  day  of  January  last  for 
electing  Representatives  to  serve  in  General  Assembly,  returnable  the  third  day  of  March 
Instant :  But  His  Honour  the  President  having  by  advice  of  His  Majesty's  Council,  on  the 
second  day  of  March  Instant,  issued  a  Proclamation  proroguing  the  General  Assembly  untill  this 
day. 

The  Council  therefore  met  accordingly. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esquire,  Speaker, 

DANIEL  HORSMANDEN, 

JOHN  CHAMBERS, 

WILLIAM  SMITH, 

JOHN  WATTS, 

WILLIAM  WALTON, 

OLIVER  DE  LANCEY,  Esquires. 

The  Speaker  assumed  the  Chair. 

His  Honour  the  President  being  come  to  the  Council  Chamber  sent  a  Message  by  the  Deputy 
Secretary,  requiring  the  imediate  attendance  of  such  Members  of  the  General  Assembly  as 
were  qualifyed. 

Twenty  four  Members  appearing  accordingly,  His  Honour  the  President  was  pleased  to  order 
them  to  return  to  the  Assembly  Chamber  and  choose  a  Speaker  and  present  him  for  his 
approbation  to  Morrow  Morning,  11  o  Clock  in  the  Council  Chamber. 

His  Honour  the  President  then  left  the  Council  Chamber. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  11'*  day  of  March,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™. 

His  Honour  the  President  being  come  to  the  Council  Chamber  the  Members  of  the  General 
Assembly  who  had  taken  the  Oaths  attended  in  pursuance  of  His  Honour's  Directions  yesterday, 
and  presented  William  Nicoll  Esquire  as  Their  Speaker  for  his  Honours  approbation,  who  was 
pleased  to  approve  of  the  said  William  Nicoll  as  their  Speaker. 

The  said  Speaker  then  addressing  himself  to  his  Honour  the  President  after  a  short  Apology 
expressing  his  sense  of  his  own  Inabilities,  desired  in  behalf  of  the  whole  House,  that  their 
Words  and  Actions  might  always  have  a  favourable  construction;  that  the  Members  might  from 
time  to  time  have  free  access  to  his  Honour;  and  that  they  and  their  servants  might  be 
priviledged  and  protected  as  usual. 

179 


1426  Journal  of  the  Legislative  Council  of  New  York.  [2i*t  st's'T' 

To  which  his  Honour  the  President  was  pleased  to  say,  that  all  their  just  Rights  and 
priveledges  should  be  maintained. 

His  Honour  the  President  was  then  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  copy  to 
the  Speaker  of  the  General  Assembly. 

His  Honour  then  returned  to  his  Residence. 

The  Speaker  assumed  the  Chair. 

Ordered,  that  his  Honour  the  President's  Speech  be  read,  and  the  Speech  being  read 

Ordered,  that  the  same  be  entered  in  the  Minutes,  which  is  as  follows. 

Gentlemen  of  the   Council  and  General  Assembly, 

Tho'  the  Death  of  our  late  most  excellent  Sovereign,  has  been  for  some  time  known,  and 
sincerely  lamented  by  his  faithfull  American  Subjects;  I  cannot  pass  over  so  melancholy  an  Event, 
without  condoling  with  you  on  this  severe  and  afflicting  Loss,  and  giving  you  an  Opportunity 
of  testifying  the  grateful!  reverence  you  have,  for  the  Memory  of  a  King,  by  whose  Wisdom  and 
Fortitude,  the  Inhabitants  of  these  Colonies,  have  emerged  from  all  the  Horrors  and  Miseries  of 
a  cruel  and  destructive  War,  into  the  actual  Enjoyment  of  Conquest  and  full  Security. 

How  great  Reason  have  we  to  adore  the  Goodness  of  Divine  Providence,  that  we  can  turn 
our  Eyes  from  this  Subject  of  universal  Grief,  arid  with  Consolation  look  up  to  the  illustrious 
Prince,  who,  with  the  Throne  inherits  the  Royal  Virtues  of  his  Grandfather — Virtues  which 
never  fail  to  make  a  Monarch  glorious  and  a  People  happy!  That  we  can  from  his  early  Piety 
and  amiable  endowments,  securely  confide  in  his  gracious  Declaration  at  his  Accession.  That  he 
will  mrike  it  the  Business  of  his  Life,  to  promote  in  every  Thing  the  Glory  and  Happiness  of  his 
Kingdoms  to  preserve  and  strengthen  the  Constitution  both  in  Cinirch  and  Slate ;  and  that,  he  will 
endeavour  to  prosecute  this  just  and  necessary  Warr  in  the  Manner  the  most  likely  to  bring  on  an 
honourable  and  lasting  Peace. 

Deeply  sensible  of  the  Blessings  we  enjoy  as  a  British  Colony,  let  us  unite  in  a  hearty  and 
inviolable  Attachment  to  the  sacred  Person  and  Government  of  a  Sovereign,  who  considers  the 
Love  of  his  People,  as  the  greatest  and  most  permanent  Security  of  his  Throne;  and  approve 
ourselves  an  all  Occasions,  zealous  and  faithfull  Subjects. 

Gentlemen  of  the  General  Assembly, 

The  Troops  having  been  necessarily  detained  on  the  last  Campaign,  beyond  the  time  for 
which  Pay  was  provided,  I  recornend  this  as  a  Matter  deserving  your  Consideration. 

Gtntlcmen  of  the  Council  and  General  Assembly, 

The  General  having  intimated  to  me,  that  his  Majesty  wou'd  expect  an  Aid  of  Men  from  his 
Colonies;  I  called  you  together,  that  I  might  impart  to  you  the  King's  Commands  as  early  as 
possible,  after  I  shou'd  receive  them.  Untill  this  shall  be  in  my  Power,  you  will  apply  your 
Attention  to  such  Laws  as  are  necessary  to  be  continued,  or  to  any  other  Business  the  publick 
Service  may  at  this  Time  require,  in  which  you  will  always  find  me  ready  to  concurr. 

Fort  George,  City  of  New  York,  CADWALLADER  COLDEN. 

March  11,  1761. 

Ordcrid  that  his  honour  the  Presidents  Speech  be  forthwith  printed. 

Mr  Horsmanden  then  moved  that  an  Humble  Address  might  be  presented  by  this  House  to 
his  Honour  the  President  in  Answer  to  his  Speech,  which  motion  being  seconded  and  agreed  to 

Rcsoli-cd  that  an  humble  Address  be  presented  to  his  Honour  the  President  accordingly. 

Ordered,  that  Mr  Horsmanden  Mr  Smith  and  Mr  Watts  be  a  Committee  to  prepare  the  Draft 
of  the  said  Address,  and  that  th^y  prepare  and  bring  in  the  same  to  morrow. 

The  Council  adjourned  till  to  Morrow  morning  11  o  clock. 


Thursday,  the  12'*  day  of  March,  1761. 
The  Council  mett  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Horsmanden  from  the  Committee  appointed  to  prepare  the  Draft  of  an  Address  to  his 
Honour  the  President  Reported  that  the  Committee  had  prepared  the  Draft  thereof,  which  he 


1761.]  Cadwallader  Golden,  Esq  :  President.  1427 

read  in  his  place,  and  then  delivered  the  same  in  at  the  Tab!-',  where  it  was  again  read  and 
being  agreed  to  was 

Ordered  to  be  Engrossed. 

The  Council  adjourned  till  to  morrow  morning  10  o  clock. 


Friday,  the  13'*  day  of  March,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 

JOHN  CHAMBERS, 

WILLIAM  SMITH, 

JOHN  WATTS, 

WILLIAM  WALTON, 

OLIVER  DE  LANCET,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Engrossed  Address  to  his  Honour  the  President  was  read  and  approved  of. 

Ordered,  that  the  Speaker  sign  the  said  Engrossed  Address,  and 

The  Speaker  having  signed  the  said  Address 

Ordered,  that  Mr  Horsmanden  and  Mr  Chambers  do  wait  on  his  Honour  the  President  and 
desire  to  know  when  he  will  be  pleased  to  be  attended  with  the  humble  Address  of  the  Council. 

The  said  Gentlemen  being  returned  Reported  that  they  had  waited  on  his  Honour  the 
President  with  the  said  Message,  and  that  he  had  been  pleased  to  say  he  wou'd  receive  the 
Councils  Address  at  12  o  clock  this  day  in  the  Council  Chamber  at  Fort  George. 

The  Speaker  left  the  Chair,  and  witn 

The  Gentlemen  of  the  Council  went  to  present  their  Address  to  his  Honour  the  President, 
and  being  returned, 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  Council  attended  his  Honour  the  President,  and  presented  to 
him  the  Council's  Address  His  Honour  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  viz'. 

To  the  Honourable  CADWALLADER  GOLDEN  Esqr  President  of  his  Majesty's  Council  and 
Commander  in  Chief  of  the  Province  of  New  York  &  the  Territories  depending  thereon 
in  America 

The  Humble  ADDRESS  of  the  Council  for  the  Province  of  New  York. 

May  it  please  your  Honour 

We  his  Majesty's  most  dutifull  and  loyal  Subjects  the  Council  for  the  Province  of  New  York, 
return  your  Honour  our  hearty  thanks  for  your  Speech. 

Most  sensibly  affected  with  the  melancholly  Event,  we  sincerely  condole  with  your  Honour 
the  Death  of  our  late  most  gracious  Soveraign  of  Glorious  memory ;  especially  considering  that 
under  his  auspicious  Government  by  his  wisdom  and  fortitude,  the  Inhabitants  of  these  Colonies 
have  been  delivered  from  the  Horrors  and  miseries  of  a  Cruel,  bloody  and  destructive  warr,  and 
put  into  the  actual  enjoyment  of  Conquest,  and  full  security  of  their  Religeon,  Liberties  and 
Properties. 

How  inconsolable  wou'd  have  been  the  universal  Grief,  had  not  the  Goodness  of  Divine 
Providence  at  the  same  time,  bless'd  us  with  an  Amiable  and  illustrious  prince,  the  Inheritor  of 
his  Royal  Grandfathers  virtues,  as  well  as  his  Crown  ;  from  whose  early  Piety  and  most  excellent 
accomplishments,  we  may  most  confidently  rely  on  his  Gracious  Declaration  at  his  accession, 
that  nothing  will  be  wanting  on  his  Majesty's  part  to  make  us  a  happy  and  flourishing  people. 

Gratefully  affected  with  the  Blessings  we  enjoy  as  a  British  Colony  we  cannot  but  unite  in 
a  hearty  and  inviolable  attachment  to  the  sacred  person  and  Government  of  a  Soveraign,  who 
considers  the  affections  of  his  people,  as  the  greatest  and  most  permanent  security  of  his  Throne: 
And  we  shall  not  fail,  on  every  occasion  to  approve  ourselves  his  Majesty's  most  zealous  and 
faithfull  Subjects. 

By  order  of  the  Council 

City  of  New  York,  Council  Chamber  ARCHIBALD  KENNEDY  Speaker. 

13tb  of  March  1761. 


1428  Journal  of  the  Legislative  Council  of  New  York. 

His  Honour  the  PRESIDENT'S  Answer. 
Gentlemen, 

I  thank  you  for  this  Address  in  which  you  so  fully  testify  the  great  share  you  take  in  the 
general  grief  on  the  Death  of  our  late  excellent  King :  and  I  am  confident  you  will  on  every 
occasion,  demonstrate  the  firmness  of  your  Loyalty  to  our  present  most  Gracious  Soveraign. 
Fort  George  New  York  CADWALLADER  GOLDEN. 

13th  March  1761. 

Mr  Chambers  moved  that  an  humble  Address  might  be  presented  by  this  House,  to  condole 
his  Majesty  on  the  death  of  our  late  most  excellent  Soveraign,  and  to  congratulate  his  Majesty 
on  his  happy  Accession  to  the  Throne  ;  And  that  the  General  Assembly  might  be  desired  by 
this  House  to  joyn  in  the  said  Address. 

Which  motion  being  seconded  and  agreed  to  unanimously 

Resolved,  that  an  humble  Address  be  presented  accordingly. 

Ordered,  that  Mr  Horsmanden  Mr  Smith  and  Mr  Watts  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  draft  of  the  said  Address. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  this  House  hath  appointed 
Mr  Horsmanden  Mr  Smith  and  Mr  Watts  a  Committee  to  prepare  the  draft  of  an  humble 
Address  to  condole  his  Majesty  on  the  death  of  our  late  most  excellent  Soveraign,  and  to 
congratulate  his  Majesty  on  his  happy  Accession  to  the  Throne,  and  that  this  House  do  desire 
the  General  Assembly  wou'd  appoint  a  Committee  of  their  House  to  join  the  Committee  of  the 
Council  for  the  purpose  aforesaid. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Saturday,  the  14'*  day  of  March,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono'ble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Mr  Haasbrouck,  acquainting 
this  House,  that  the  General  Assembly  have  appointed  Mr  Cruger,  Alderman  Livingston, 
Captain  Livingston,  Major  Lispenard  and  Mr  Bayard,  a  Committee  to  join  the  Committee  of 
this  House,  at  such  time  and  Place  as  this  House  shall  appoint,  to  prepare  a  joint  Draft  of  an 
humble  Address,  to  condole  his  Majesty  on  the  death  of  our  late  most  excellent  Soveraign,  and 
to  congratulate  his  Majesty  on  his  happy  Accession  to  the  Throne. 

The  Council  adjourned  till  Tuesday  the  24th  Instant  at  11  o  Clock  in  the  Morning. 


Tuesday,  the  24'4  day  of  March,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
JOSIAH  MARTIN,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyard  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Honour  the  President 
which  being  read  was 


1761.]  Cadwallader  Golden,  Esq :  President.  1429 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows 

Gentlemen, 

During  your  short  Recess,  I  have  received  a  Letter  of  the  17th  December  last,  from  the 
Right  Honourable  .Mr  Secretary  Pitt;  and  it  gives  me  Pleasure  to  inform  you,  that  his  Majesty 
having  nothing  so  much  at  Heart,  as  by  the  most  vigorous  Prosecution  of  the  War,  to  reduce 
the  Enemy  to  the  Necessity  of  accepting  a  Peace,  on  Terms  of  Glory  and  Advantage  to  his 
Majesty's  Crown,  and  beneficial  in  particular  to  his  Subjects  in  America;  and  as  nothing  can 
so  effectually  contribute  to  that  great  and  essential  Object,  as  the  King's  being  enabled  to 
employ  as  imediately  as  may  be,  such  Part  of  the  regular  Forces  in  North  America,  as  may 
be  adequate  to  some  great  and  important  Enterprize  against  the  Enemy  ;  it  is  the  Kings 
Pleasure,  that  in  order  the  better  to  provide  for  the  full  and  entire  Security  of  his  Majesty's 
Conquests  there,  during  the  Absence  of  such  Part  of  the  regular  Forces ;  I  shoud  earnestly  press 
you  to  raise  with  all  possible  Dispatch  within  this  Goverment,  Two  Thirds  of  the  Number 
of  Men  you  did  for  the  last  Campaign,  to  be  formed  into  Regiments  as  fair  as  shall  be  found 
convenient,  to  hold  themselves  in  Readiness,  and  particularly  as  much  earlier  than  former 
Years  as  may  be,  to  inarch  to  such  Place  or  Places  in  North  America,  as  his  Majesty's 
Commander  in  Chief  shall  appoint,  in  order  to  be  employed  there  under  the  Supreme  Command 
of  his  Majesty's  said  Commander  iu  Ciiief  in  America,  in  such  Manner  as  he  shall  judge  most 
conducive  to  the  King's  Service. 

And  the  better  to  facilitate  this  important  End  the  King  is  pleased  to  leave  it  to  me  to  issue 
Commissions  to  such  Gentlemen  of  this  Province,  as  I  shall  judge  from  their  Weight  and  Credit 
with  the  People  and  their  Zeal  for  the  publick  Service,  may  be  best  disposed  and  able  to 
quicketT  and  effectuate  the  speedy  levying  of  the  greatest  Number  of  Men  ;  and  all  Officers  of 
the  Provincial  Forces  as  high  as  Colonels  inclusive,  are  to  have  Rank  according  to  their 
respective  Commissions,  agreeable  to  the  Regulations  contained  in  his  late  Majesty's  Warrant 
of  the  30th  of  December,  1757,  which  is  renewed  by  his  present  Majesty. 

The  King  is  further  pleased  to  furnish  all  the  Men  so  raised,  with  Arms,  Am'nnition,  and 
Tents,  as  well  as  to  order  Provisions  to  be  issued  to  them  by  his  Majesty's  Commissaries,  in  the 
same  Proportion  and  Manner,  as  is  done  to  the  Rest  of  his  Forces. 

The  Whole  therefore,  that  his  Majesty  expects  and  requires  from  the  several  Provinces,  is  the 
levying  cloathing,  and  pay  of  the  Men  :  And  on  these  Heads  also,  that  no  Encouragement  may 
be  wanting  to  this  great  and  salutary  Service;  the  King  is  further  most  graciously  pleased,  to 
permit  his  Secretary  of  State  to  acquaint  me,  that  strong  Recommenilations  will  be  made  to 
Parliament,  in  their  Session  next  Year,  to  grant  a  proper  Compensation  for  such  Expences  as 
above,  according  as  the  active  Vigour  and  strenuous  Efforts  of  the  respective  Provinces,  shall 
justly  appear  to  merit. 

I  am  likewise  to  inform  you,  that  similar  Orders  are  sent  to  New  Hampshire,  Massachusets 
Bay,  Connecticut,  Rhode  Island,  and  New  Jersey.  The  Southern  Governments  are  also 
directed  to  raise  Men  in  the  same  Manner,  ?o  be  employed  in  such  offensive  Operations  as  the 
Circumstances  and  Situation  of  the  Enemy's  Posts,  and  the  State  and  Disposition  of  the  Indian 
Nations  on  that  Side,  may  point  out  and  require. 

Such  are  his  Majesty's  gracious  Measures,  formed  to  procure  Peace  with  Glory  to  his  Crown, 
and  Advantage  to  his  Subjects  in  general,  but  with  a  more  immediate  View  to  the  Security  of 
his  American  Dominions,  and  the  Welfare  of  this  Province  in  particular.  I  cannot  therefore 
doubt  of  your  hearty  Complyance  with  his  Majesty's  just  Expectations,  especially  when  you 
reflect  with  what  Tenderness  he  requires  that  Assistance,  which  the  publick  Good,  and  your 
own  Peculiar  Happiness,  render  so  necessary,  and  how  desirous  he  is  of  alleviating  the  Burthen 
which  might  otherwise  fall  too  heavy  on  you. 

The  Loyalty  of  the  People  of  this  Province,  and  their  invariable  Regard  to  the  Honour  and 
Interest  of  their  Country,  have  been  so  conspicuous  during  this  expensive  Conflict,  that  it  wou'd 
be  injurious  to  suspect  that  your  Zeal  can  slacken,  or  that  in  this  decisive  juncture,  you  can  be 
influenced  by  any  Consideration,  from  continuing  chearfully  to  exert  your  utmost  Efforts,  until 
the  great  and  good  Purposes  his  Majesty  has  in  View,  shall  be  effectually  accomplished. 

Unanimity  and  Dispatch  appear  then  only  necessary  for  me  to  urge  on  this  Subject,  and  I 
earnestly  press  you  by  the  Vigour  of  your  Resolutions  to  enable  me  to  have  the  Forces  in  the 
Field  as  soon  as  possible,  and  by  that  Means  prevent  as  much  as  may  be,  the  Prejudice  the 
King's  Service  might  suffer,  from  the  Delay  unavoidably  created  by  the  Miscarriage  of  his 
Majesty's  more  early  Commands  on  this  interesting  occasion. 

Fort-George,  New-York,  CADWALLADER  COLDEN. 

March  24,  1761. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1430  Journal  of  the  Legislative  Council  of  New  York. 


Wednesday,  the  25'A  <%  of  March,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
JOSIAH  MARTIN,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have 
appointed  that  the  joint  Committees  who  are  to  prepare  the  Joint  Draft  of  an  humble  Address 
to  condole  his  Majesty  on  the  Death  of  our  late  most  Excellent  Soveraign  and  to  congratulate 
his  Majesty  on  his  happy  Accession  to  the  Throne,  Do  meet  for  that  purpose  on  Thursday  the 
20lh  day  of  March  Instant  at  the  House  of  Edward  Willet  in  this  city. 

The  Council  adjourned  till  Wednesday  the  1st  day  of  April  next. 


Wednesday,  the  first  day  of  April,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 

JOHN  CHAMBERS, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Mr  Peter  Livingston  with  the 
Bill  Entitled  [An  Act  for  raising  paying  and  Cloathing  seventeen  hundred  and  eighty  seven 
effective  Men,  Officers  included,  to  be  employed  in  securing  his  Majesty's  Conquests  in  North 
America,  and  other  Purposes  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  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the2d  day  of  April,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono11'  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitled  [An  Act  for  raising  paying  and  cloathing  seventeen  hundred  and  eighty 
seven  effective  men,  Officers  included  to  be  employed  in  securing  his  Majestys  Conquests  in 
North  America  and  other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Dow  and  Mr  Ten  Brook  with  the  Bill  Entitled 
[An  Act  to  empower  and  enable  the  Mayor,  Aldermen  and  Commonality  of  the  City  of  Albany 


1761.]  Cadwallader  Colden,  Esq:  President.  1431 

for  the  time  being  or  the  major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  one 
hundred  and  fifty  pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City]  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  till  to  Morrow  Afternoon  three  o  clock. 


Friday,  the  3"  day  of  April,  1761.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  for  raising  paying  and  Cloathing  seventeen  hundred  and  eighty  seven  effective  Men,  Officers 
included,  to  be  employed  in  securing  his  Majesty's  Conquests  in  North  America  and  other 
purposes  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  thro  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  the  Bill 

Ordered,  a  third  reading. 

The  Bill  Entitled  [An  Act  to  empower  and  enable  the  Mayor  Aldermen  and  Commonality 
of  the  City  of  Albany,  for  the  time  being,  or  the  major  part  of  them  to  order  the  raising  a  sum 
not  exceeding  one  hundred  and  fifty  pounds  by  a  Tax  on  Estates  real  &  personal  in  the  said 
City]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Alderman  Livingston  and  Mr  Schenck  with  the  Bill 
Entitled  [An  Act  to  revive  An  Act  Entitled  An  Act  for  Regulating  the  Pilpts  and  establishing 
their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  and  other  purposes  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  and 

Ordered,  a  second  reading. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Saturday,  the  fourth  day  of  April,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoblc  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitled  [An  Act  to  revive  An  Act  Entitled  An  Act  for  Regulating  the  Pilots  and 
establishing  their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  and  other  purposes 
therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  4  o  clock  P.  M. 


1432  Journal  of  the  Legislative  Council  of  Neio  York. 

Saturday,  the  4'A  day  of  April,  1761.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonMe  ARCHIBALD  KENNEDY,  Esquire,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitled  [An  Act  for  raising  paying  and  cloathing  seventeen  hundred  and  eighty 
seven  effective  men,  officers  included,  to  be  employed  in  securing  his  Majesty's  Conquests  in 
North  America,  and  other  purposes  therein  mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  revive  An  Act  entitled  An  Act  for  regulating  the  Pilots  and  establishing  their  Pilotage 
between  Sandy  Hook  and  the  Port  of  New  York  and  other  purposes  therein  mentioned]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Council  then  agreeable  to  a  Message  from  his  Honour  the  President  adjourned  to  the 
Council  Chamber  in  Fort  George,  where  being  met 

His  Honour  the  President  came  to  the  Council  Chamber,  and  sent  a  Message  by  the  Deputy 
Secretary  to  the  General  Assembly  requiring  the  imediate  attendance  of  that  House. 

The  General  Assembly  attending  accordingly 

His  Honour  the  President  in  presence  of  the  Council  and  General  Assembly  was  pleased  to 
give  his  assent  to  two  Bills  the  Titles  whereof  are  as  follow 

An  Act  for  raising  paying  and  Cloathing  Seventeen  hundred  and  eighty  seven  effective  men, 
Officers  included  to  be  employed  in  securing  his  Majesty's  Conquests  in  North  America,  and 
other  purposes  therein  mentioned. 

An  Act  to  revive  An  Act  Entitled  An  Act  for  regulating  the  Pilots  and  establishing  their 
Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  and  other  purposes  therein  mentioned. 

After  which  the  said  Acts  were  published  in  the  usual  manner,  and  His  Honour  the  President, 
the  Council  and  the  General  Assembly,  being  returned  to  the  Council  Chamber,  the  President  was 
pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to  the  Assembly  Chamber  and 
adjourn  the  House  to  Tuesday  the  fifth  day  of  May  next,  then  to  meet  to  proceed  on  Business. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  President  having  directed  the  Speaker  of  the  General  Assembly,  to  adjourn 
the  House  to  Tuesday  the  fifth  day  of  May  next,  the  Council  therefore  adjourned  to  the  said 
fifth  day  of  May  next. 


1761.]  Cadicallader  Golden,  Esq :  President.  1433 

Tuesday,  the  fifth  day  of  May,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 

Wednesday,  the  sixth  day  of  May,  1761. 

j 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Honour  the  President 
which  being  read  was 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows  viz1 

Gentlemen, 

It  appears  by  the  Return  which  I  have  ordered  to  be  laid  before  you,  that  the  new  Levies 
fall  greatly  short  of  the  Number  provided  for  by  the  Law  passed  at  your  last  Meeting ;  nor  do  I 
find  any  Encouragement  to  hope  they  will  be  compleated,  without  your  farther  and  more 
effectual  Aid,  few  Men  being  raised  in  many  of  the  Counties,  in  Proportion  to  the  Quota 
expected  of  them 

You  must  be  sensible  that  the  intended  Operations  are  evidently  calculated  with  a  view  to 
retain,  and  secure  to  the  Kings  American  Subjects,  the  great  and  extensive  Advantages  already 
gained  over  the  Enemy.  His  Majesty  cannot  then  but  look  for  the  most  animated  Resolutions 
from  a  people,  whose  own  immediate  Interest  is  so  nearly  concerned  in  the  Success  of  his 
Measures,  and  who,  on  every  Occasion,  during  the  present  War,  have  been  among  the  most 
zealous  and  forward  to  promote  the  general  service. 

I  therefore  persuade  myself,  that  actuated  by  the  same  Spirit  and  Vigour,  which  hath  hitherto 
set  this  Colony  in  so  respectable  a  Light  to  her  Mother  Country,  you  will  now  by  a  Law  similar 
to  the  several  Acts  passed  on  the  like  Occasions,  enable  me  to  have  the  full  Number  of  Men  in 
the  Field  without  loss  of  Time,  and  as  you  may  rely  on  their  being  discharged,  whenever  the 
State  of  the  publick  Affairs  will  admit  of  it,  I  hope  you  will  lengthen  the  period  of  their 
Service,  by  extending  the  Provision  for  their  Subsistance  beyond  the  first  of  November,  to  avoid 
the  Inconveniencies  otherwise  so  justly  to  be  apprehended. 

Fort  George  New  York  CADWALLADER  GOLDEN. 

6lh  May  1761. 

The  Council  adjourned  till  Saturday  next  at  11  o  clock  in  the  Morning. 


180 


1434  Journal  of  the  Legislative  Council  of  New  York.  [2i£  f"'^; 

Saturday,  the  9"'  day  of  May,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
JOHN  WATTS,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Schenck  and  Mr  Peter  R.  Livingston  with  the 
Bill  Entitled  [An  Act  for  raising  a  Sum  not  exceeding  three  thousand  Pounds  by  way  of 
Lottery  for  building  a  Light  House]  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  till  Tuesday  next  at  11  o  Clock  in  the  morning. 


Tuesday,  the  12"'  day  of  May,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 

JOHN  CHAMBERS, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Bayard  with  the  Bill  Entitled 
"  An  Act  for  the  Relief  of  Insolvent  debtors  &  for  repealing  the  Acts  therein  mentioned] 
Desiring  the  Concurrence  of  the  Council  thereto. 

OiJered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  Thursday  next  at  11  o  Clock  in  the  Morning. 


Thursday,  the  14'*  day  of  May,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUt  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Lispenard  and  Mr  Dow  with  the  Bill  Entitled 
[An  Act  to  prevent  disputes  and  Controversies  which  may  arise  by  the  demise  of  the  Crown 
and  for  other  Purposes  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Alderman  Livingston  and  Colonel  Philipse  with 
the  Bill  Entitled  [An  Act  for  naturalizing  John  De  Lisle,  Fredrick  Frank  and  others  whose 
Names  are  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  and 

Ordered  a  second  reading. 

The  Bill  Entitled  [An  Act  for  the  relief  of  Insolvent  debtors  and  for  repealing  the  Acts 
therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 


1761.]  Cadicallader  Golden,  Esq  :  President.  1435 

The  Bill  Entitled  [An  Act  for  raising  a  sum  not  exceeding  three  thousand  Pounds  by  way  of 
Lottery  for  building  a  Light  House]  was  read  the  second  time  and 
Ordered  to  be  Committed. 
The  Council  adjourned  till  to  morrow  morning  11  o  Clock. 


Friday,  the  15'A  day  of  May,  1761. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Livingston  and  Mr  Cruger  with  the  Bill 
Entitled  [An  Act  providing  that  the  Judges  of  the  Supreme  Court  shall  have  their  Commissions 
during  good  Behaviour]  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. 

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Colonel  Philipse  with  the  Bill 
Entitled  [An  Act  to  enable  the  Supervizors  of  the  County  of  Westchester  to  raise  the  Sum  of 
One  thousand  six  hundred  and  six  Pounds  due  from  the  said  County  on  the  Act  therein 
mentioned]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Colonel  Philipse  and  Mr  Ten  Brook  with  the  Bill 
Entitled  [An  Act  to  amend  and  make  valid  the  Acts  therein  mentioned]  desiring  the  Concurrence 
of  the  Council  thereto. 

Ordered,  that  the  said  Bills  be  read. 

Then  the  said  Bills  were  severally  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  3  o  clock  P.  M. 


Friday,  the  1 5'A  day  of  May,  1761.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitled  [An  Act  providing  that  the  Judges  of  the  Supreme  Court  shall  have  their 
Commissions  during  good  Behaviour]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entitled  [An  Act  to  amend  and  make  valid  the  Acts  therein  mentioned]  was  read 
the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entitled  [An  Act  to  enable  the  Supervizors  of  the  County  of  Westchester  to  raise 
the  Sum  of  One  thousand  six  hundred  and  six  pounds  due  from  the  said  County  on  the  Act 
therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entitled  [An  Act  for  raising  a  Sum  not  exceeding  three  thousand  Pounds  by  way 
of  Lottery  for  building  a  Light  House]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entitled  [An  Act  to  prevent  disputes  and  Controversies  which  may  arise  by  the 
Demise  of  the  Crown  and  for  other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entitled  [An  Act  for  naturalizing  John  De  Lisle,  Frederick  Frank  and  others  whose 
names  are  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1436  Journal  of  the  Legislative  Council  of  New  York. 

Saturday,  the  \Q'h  day  of  May,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honobu  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 

JOHN  CHAMBERS, 

OLIVER  DE  LANCET,  Esq™. 

Tlie  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  11  o  Clock  Monday  Morning  next. 


Monday,  the  18"1  day  of  May,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 

JOHN  CHAMBERS, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  for  raising  a  sum  not  exceeding  three  thousand  pounds  by  way  of  Lottery  for  Building  a 
Light  House]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  for  the  relief  of  Insolvent  Debtors  and  for  repealing  the  Acts  therein  mentioned]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  amend  and  make  valid  the  Acts  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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 

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  Mr  Horsmanden  do  acquaint  the  General  Assembly  that  the  Council  have 
passed  the  said  three  Bills  without  any  Amendment. 


1761.]  Cadwallader  Golden,  Esq:  President.  1437 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  enable  the  Supervizors  of  the  County  of  Westchester  to  raise  the  sum  of  one  thousand 
six  hundred  and  six  Pounds  due  from  the  said  County  on  the  Act  therein  mentioned]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  empower  and  enable  the  Mayor  Aldermen  and  Commonality  of  the  City  of  Albany  for 
the  time  being  or  the  major  part  of  them  to  order  the  raising  a  sum  not  exceeding  One  hundred 
and  fifty  Pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  Six  o  Clock  in  the  afternoon. 


Monday  the  \%'h  day  of  May,  1761.     P.  Mer. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 

JOHN  CHAMBERS, 

JOHN  WATTS, 

OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  prevent  Disputes  and  Controversies  which  may  arise  by  the  demise  of  the  Crown,  and 
for  other  purposes  therein  mentioned]  and  after  some  time  spent  therein 

Mr  De  Lancey  from  the  Committee  of  the  Whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  providing  that  the  Judges  of  the  Supreme  Court  shall  have  their  Commissions  during  good 
Behaviour]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 


1438  Journal  of  the  Legislative  Council  of  Neio  York.  [2irts"£™' 

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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Afternoon  3  o  Clock  to  meet  at  the  Council  Chamber 
in  Fort  George. 


Tuesday,  the  19'A  day  of  May,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  TJie  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Honour  the  President  being  come  to  the  Council  Chamber  sent  a  Message  by  the  Deputy 
Secretary  requiring  the  immediate  attendance  of  the  General  Assembly  and  the  General 
Assembly  attending  accordingly. 

His  Honour  the  President  was  pleased  in  the  presence  of  the  Council  and  General  Assembly 
to  give  his  Assent  to  five  Bills  the  Titles  whereof  are  as  follow  viz' 

An  Act  for  the  Relief  of  Insolvent  Debtors  and  for  repealing  the  Acts  therein  mentioned. 

An  Act  to  amend  and  make  valid  the  Acts  therein  mentioned. 

An  Act  for  raising  a  sum  not  exceeding  three  thousand  Pounds  by  way  of  Lottery  for  Building 
a  Light  House. 

An  Act  to  enable  the  Supervizors  of  the  County  of  Westchester  to  raise  the  sum  of  one 
thousand  six  hundred  and  six  Pounds  due  from  the  said  County  on  the  Act  therein  mentioned. 

An  Act  to  empower  and  Enable  the  Mayor  Aldermen  and  Commonality  of  the  City  of  Albany 
for  the  time  being  or  the  major  part  of  them,  to  order  the  raising  a  Sum  not  exceeding  one 
hundred  and  fifty  pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City. 

After  which  the  said  Acts  were  published  in  the  usual  manner,  and  his  Honour  the  President 
the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber, 

The  President  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  proceed  to  the 
Assembly  Chamber  in  the  City  Hall  and  adjourn  the  House  untill  Tuesday  the  sixteenth  day  of 
June  next. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  President  having  directed  the  Speaker  of  the  General  Assembly  to  adjourn 
the  House  to  Tuesday  the  sixteenth  day  of  June  next  the  Council  therefore  adjourned  to  the 
said  sixteenth  day  of  June  next. 


[N.  T.  Col.  MSS.,  LXXXIX.,141.] 

BY  THE  HONOURABLE 


CADWALLADER  COLDEN  Esqr  President  of  his  Majesty's  Council   and   Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  sixteenth 
day  of  June  Instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  And  I  do  by  and  with 
the  Advice  of  his  Majestys  Council  further  adjourn  the  said  General  Assembly  to  Tuesday  the 


1761.]  Cadwallader  Golden,  Esq:    Lieut.  Governor.  1439 

fourteenth  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  tenth  day  of  June  17G1  in  the  First  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  GOLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Si-cry 

God  save  the  KING. 


[N.Y.  Col.  MSS.,  XC.,  2.J 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esqr  President  of  His  Majesty's  Council  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  fourteenth 
day  of  July  Instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  And  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly,  to  Tuesday  the 
eleventh  day  of  August  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  eighth  day  of  July  1701  in  the  jirst  year  of  the  Reign  of  our  Soveraign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  GOLDEN. 

By  His  Honour's  Command 

Gw  BANYAR  D  Seen/ 

God  save  the  KING. 


[  N.  Y.  Col.  MSS.,  XC.,  14.  ] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esqr  His  Majesty's  Lieutenant   Governor  and  Commander   in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  this  day ;  I  have 
thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do  by  and  with  the  advice  of  his  Majesty's 
Council  Prorogue  the  said  General  Assembly  to  Wednesday  the  second  day  of  September 
Instant  then  to  meet  at  the  City  Hall  in  the  City  of  New  York,  to  proceed  upon  Business :  Of 


1440  Journal  of  the  Legislative  Council  of  New  York. 

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  first  day  of  September  176 1  in  the  first  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  GOLDEN. 
"By  His  Honours  Command 

Gw  BANYAR  D  Sccry 

God  save  the  KING. 


TWENTY  NINTH  ASSEMBLY    SECOND  SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York 
begun  and  holden  at  the  City  Hall  in  the  City  of  New  York  on  Wednesday  the 
second  day  of  September  in  the  first  year  of  the  Reign  of  our  Sovereign  Lord 
George  the  Third  by  the  Grace  of  God  of  Great  Britain,  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth,  and  in  the  year  of  our  Lord  One  thousand 
Seven  hundred  and  Sixty  one. 

The  General  Assembly  having  on  the  19th  day  of  May  last  adjourned  to  the  16th  day  of  June 
following :  And  having  by  sundry  Proclamations  been  farther  adjourned  as  follows  On  the 
10th  of  the  said  Month  of  June  to  the  fourteenth  day  of  July  On  the  Eighth  day  of  the  said 
Month  of  July  to  the  Eleventh  day  of  August  On  the  fifth  day  of  August  to  the  first  day  of 
September  Instant,  When  the  Honourable  Cadwallader  Golden  Esqr  His  Majesty's  Lieutenant 
Governor  and  Commander  in  Chief  of  the  province  of  New  York  and  the  Territories  depending 
thereon  in  America,  was  pleased  by  his  Proclamation  issued  with  the  advice  of  his  Majesty's 
Council  to  prorogue  the  said  General  Assembly  to  this  Day. 

The  Council  met  accordingly. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Honourable  Cadwallader  Golden  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America,  being 
come  to  the  Council  Chamber,  sent  a  Message  by  the  Deputy  Secretary,  requiring  the  immediate 
attendance  of  the  General  Assembly  in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly 

His  Honour  the  Lieutenant  Governor  made  a  Speech  to  the  Council  and  Gen1  Assembly,  and 
delivered  one  copy  thereof  to  the  Speaker  of  the  Council,  and  another  copy  to  the  Speaker  of 
the  General  Assembly. 

His  Honour  the  Lieutenant  Governor  attended  as  usual  then  returned  to  the  Fort. 

Ordered,  that  his  Honour  -the  Lieutenant  Governor's  Speech  be  read. 

Then  the  speech  was  read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows 

Gentlemen  of  the  Council  and  General  Assembly, 

Since  our  last  Meeting,  I  have  the  Honour  of  his  Majesty's  Commission  appointing  me  his 
Lieutenant  Governor.  As  this  is  a  Mark  of  the  royal  Approbation,  my  Thanks  are  due  to  you,  for 
that  effectual  Support  and  Assistance,  so  readily  afforded  on  your  Part,  and  so  necessary  to  mine, 
in  the  Discharge  of  the  weighty  Dutys  of  Government. 


1761.]  Cadwallader  Colden,  Esq:  Lieut.  Governor.  1441 

The  Time  for  which  the  Forces  raised  in  the  Province  were  inlisted,  already  near  expiring, 
it  is  not  possible  the  regular  Troops  destined  for  the  important  intended  Expedition,  can  return 
before  it  is  elapsed;  and  as  in  their  Absence,  a  small  Body  of  Men  will  be  necessary  for  the 
Protection  of  the  several  Forts,  and  the  whole  Country :  His  Excellency  General  Amherst  by 
his  Letter  of  the  fifteenth  of  June,  now  laid  before  you,  desires  me  to  recommend  your  continuing 
in  Pay,  for  a  longer  Period,  a  Compmy  to  onsist  of  one  hundred  and  seventy  three  Men, 
including  a  Captain  and  three  Subalterns;  the  Quota  of  this  Givernmem,  agreeable  to  the 
Numbers  required  of  the  several  Colonies  for  this  essential  Service. 

Your  Meeting  could  not  have  taken  Place,  after  the  Receipt  of  the  General's  Letter,  earlier 
than  the  Harvest,  a  Season  so  inconvenient,  that  by  the  Advice  of  his  Majesty's  Council,  who 
were  of  Opinion,  you  wou'd  not  hesitate  in  complying  with  this  moderate  and  necessary 
Requisition,  I  delayed  calling  you  together  till  this  Time. 

Gentlemen  of  the  General  Assembly, 

The  Supplies  to  be  granted,  bear  so  little  Proportion  to  what  we  might  have  expected,  and 
to  that  weight  of  Expence  you  have  hitherto  chearfully  sustained,  that  to  press  you  to  it  by 
Arguments,  may  be  thought  injurious  to  that  Zeal  for  his  Majesty's  Service,  and  the  Safety  of 
his  Colonies,  so  conspicuous  in  your  own  and  the  Conduct  of  the  Representatives  of  the  loyal 
People  of  this  Province,  on  every  former  Occasion. 

The  present  unfavourable  Disposition  of  the  Indians  on  the  Borders  of  Ulster  and  Orango 
creates  great  uneasiness  among  the  Inhabitants.  The  Information  I  have  received  will  be 
communicated,  and  as  some  Expence  may  be  incurred,  in  the  Prosecution  of  the  Measures, 
necessary  to  deter  these  Sav;iges  from  Acts  of  Violence,  and  to  bring  them  back  to  their  Duty, 
you  will  consider  whether  it  may  not  be  prudent,  by  some  Fund  for  contingent  Services,  to 
strengthen  the  Hands  of  Government,  that  the  most  effectual  Protection  may  be  given  to  the 
Settlements  on  any  Emergency. 

Gentlemen  of  the  Council  and  General  Assembly, 

What  appears  immediately  essential  for  your  Deliberation  I  have  laid  before  you.  It  wou'd 
afford  me  the  greatest  Pleasure  to  contribute  to  the  Happiness,  Ease  and  Prosperity  of  the  good 
People  of  this  Province:  But  as  the  Powers  of  Government,  will  probably  soon  be  lodged  in 
the  Hands  o!  Major  General  Monckton,  wluse  Services  his  Majesty  hath  been  pleased  to 
distinguish,  by  constituting  him  his  Captain  General  and  Governor  in  Chief,  I  think  it  improper 
for  me  to  recommend  any  Thing  to  you,  which  may  be  delayed  without  publick  Inconvenience. 
Fort  George  New  York  CADWALLADER  COLDEN. 

2d  September  1701. 

Onlend,  that  his  Honour  the  Lieutenant  Governor's  Speech  be  forthwith  printed. 

Mr  Chambers  then  moved  that  an  Humble  Address  might  be  presented  by  this  House  to  his 
Honour  the  Lieutenant  Governor  in  answer  to  his  Speech. 

Whidi  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  by  this  House  accordingly. 

Ordered,  that  Mr  Horsmanden,  Mr  Clumbers  and  Mr  Smith  be  and  they  are  hereby  appointed 
a  Committee  to  prepare  the  Draft  of  the  said  A  Idres.- ;  and  that  they  lay  the  same  before  this 
House  with  all  Convenient  Speed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock, 


Thursday,  the  third  day  of  September,  1701. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HvnoitraMe  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCE Y,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Chambers  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to 
be  presented  by  this  House  to  his  Honour  the  Lieutenant  Governor,  Reported  that  the 
Committee  had  prepared  a  draft  of  the  said  Address  which  he  read  in  his  Place,  and  then 
delivered  the  same  in  at  the  Table,  where  the  same  was  again  read,  and  being  agreed  to  was 

181 


1442  Journal  of  the  Legislative  Council  of  Neio  York.  [Td 

Ordered  to  be  Engrossed. 

The  Engrossed  Address  to  his  Hononr  the  Lieutenant  Governor  was  read  and  approved  of. 

Ordered,  that  the  Speaker  do  sign  the  said  Address.     Who  having  signed  the  same 

Ordered,  that  Mr  Chambers  and  Mr  Smith  do  wait  on  his  Honour  the  Lieutenant  Governor 
and  desire  to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  Address. 

The  said  Gentlemen  being  returned  Keported  that  they  had  waited  on  his  Honour  the 
Lieutenant  Governor,  and  delivered  the  said  Message,  and  that  he  was  pleased  to  say  he  would 
receive  the  Councils  Address  to  Morrow  Morning  at  11  o  Clock  in  the  Council  Chamber  at 
Fort  George. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  4'A  day  of  September,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

DANIEL  HORSMANDEN, 
JOHN  CHAMBERS, 
WILLIAM  SMITH, 
WILLIAM  WALTON,  Esqri. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  went  to  Fort  George  to  present  the  humble  Address  of  this  House  to  his 
Honour  the  Lieutenant  Governor  : 

And  the  Council  being  returned. 

The  Speaker  resumed  the  Chair,  and 

Reported  that  the  Council  having  attended  his  Honour  the  Lieutenant  Governor  and  presented 
to  him  the  humble  Address  of  this  House. 

His  Honour  had  been  pleased  to  return  a  f[av]ourable  Answer  thereto,  which  he  delivered  in 
at  the  Table,  where  the  same  was  read. 

Ordered,  that  the  said  Address  and  Answer  be  entered  in  the  Minutes  of  this  House  which 
are  as  follow 

To  the  Honourable  CADWALLADER  GOLDEN  Esqr  His  Majestys  Lieutenant  Governor  and 
Commander  in  Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon 
in  America 

The  humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour, 

The  Council  beg  leave  to  return  you  their  thanks  for  your  Speech  and  to  offer  you  their 
congratulations  on  your  advancement  to  the  Dignity  of  Lieutenant  Governor — A  mark  not 
only  of  the  Royal  favour,  but  of  his  Majesty's  approbation  of  your  Conduct  in  discharge  of 
the  weighty  duties  of  Government.  The  snme  Zeal  and  unwearied  Diligence  hitherto  so 
conspicuous,  we  doubt  not  will  be  continued  throughout  your  administration. 

Professing  the  most  unshaken  Loyalty  to  our  Gracious  Soveraign,  and  fully  sensible  of  the 
advantages  derived  to  these  Colonies  from  the  Happy  success  attending  the  Vigorous  Prosecution 
of  the  war;  you  may  Sir  rely  on  our  ready  assent  to  the  aid  required  by  the  General,  whose 
Fortitude,  Wisdom,  and  Benevolence  have  justly  acquired  him  the  confidence  and  esteem  of 
His  Majesty's  Subjects  on  this  extensive  Continent. 

By  Order  of  the  Council 

Council  Chamber  ARCHIBALD  KENNEDY  Speaker. 

New  York  3d  September  1761. 

His  HONOUR'S  Answer. 

Gentlemen, 

I  thank  you  for  this  very'obliging  Address. 

Your  Loyalty  testifyed  on  this,  as  on  all  occasions,  and  the  proper  light  in  which  you  consider 
the  important  advantages  derived  to  these  Colonies  by  the  vigorous  and  successi'ull  prosecution 
of  the  War,  must  approve  you  highly  worthy  of  the  Confidence  reposed  in  you  by  his  Majesty. 


1761.]  Cadwallader  Colden,  Esq:  Lieut.  Governor.  1443 

With  pleasure  I  join  in   the  sentiments  you  so   justly  entertain   of  the    General,    whose 
distinguished  Abilities   have  deservedly  recommended  him  to  the  Royal  favour,  and  gained 
him  universal  esteem  and  applause. 
Fort  George  New  York  CADWALLADER  COLDEN. 

4  September  1761. 

Ordered  that  the  said  Address  and  Answer  be  forthwith  printed. 
The  Council  adjourned  till  Tuesday  Morning  11  o  clock. 


Tuesday,  the  eighth  day  of  September,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono'lle  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Asssembly  by  Mr  Verplanck  and  Colonel  Haasbrouck  with  the 
Bill  Entitled  [An  Act  providing  for  one  hundred  and  seventy  three  Volunteers,  officers  included, 
to  be  employed  in  protecting  the  different  Posts  on  the  Frontiers]  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. 

A  Message  from  the  General  Assembly  by  Alderman  Livingston  and  Colonel  Seaman  with 
the  Bill  Entitled  [An  Act  providing  that  the  Judges  of  the  Supreme  Court  shall  have  their 
Commissions  during  good  behaviour]  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Miller  with  the  Bill  Entitled 
[An  Act  to  prohibit  the  acting  of  Plays  or  the  Entertainment  of  the  Stage  in  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. 

The  Council  adjourned  till  to  morrow  morning  10  o  clock. 


Wednesday,  the  ninth  day  of  September,  1761 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair, 

The  Bill  Entitled  [An  Act  providing  for  one  hundred  and  seventy  three  Volunteers  officers 
included  to  be  employed  in  protecting  the  different  Posts  on  the  Frontiers]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  Entitled  [An  Act  providing  that  the  Judges  of  the  Supreme  Court  shall  have  their 
Commissions  during  good  Behaviour]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entitled  [An  Act  to  prohibit  the  acting  of  Plays  or  the  Entertainment  of  the  Stage 
in  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  Committed. 


1444  Journal  of  the  Legislative  Council  of  New  York.  [ 


'dh 


A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Major  Lispenard  with  the  Bill 
Entitled  [An  Act  to  prevent  Frauds  in  the  sale  of  Damaged  Goods  imported  into  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. 

A  Message  from  the  General  Assembly  by  Captain  Livingston  and  Mr  Ten  Brook  with  the 
Bill  Entitled  [An  Act  to  prevent  Disputes  and  Controversies  which  may  arise  by  the  Demise 
of  the  Crown  and  for  confirming  the  courts  of  Common  Law,  and  the  Proceedings  therein] 
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. 

A  Message  from  the  General  Assembly  by  Captain  Douw  and  Mr  Thomas  with  the  Bill 
Entitled  [An  Act  for  naturalizing  John  De  Lisle,  Frederick  Frank  and  one  hundred  and  forty 
Eight  others  whose  iNam.es  are  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  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  the  Afternoon  at  4  o  Clock. 


Wednesday,  the  ninth  day  of  September,  1761.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitled  [An  Act  to  prevent  Frauds  in  the  sale  of  Damaged  Goods  imported  into 
this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entitled  [An  Act  to  prevent  Disputes  and  Controversies  which  may  arise  by  the 
Demise  of  the  Crown  and  for  confirming  the  Courts  of  Common  Law  and  the  proceedings 
therein]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entitled  [An  Act  for  naturalizing  John  De  Lisle,  Frederick  Frank  and  one  hundred 
and  forty  eight  others  whose  Names  are  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  tenth  day  of  September,  17G1 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoJ>le  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
JOSIAH  MARTIN,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  providing  for  one  hundred  and  seventy  three  Volunteers,  officers  included,  to  be  employed 
in  protecting  the  different  Posts  on  the  Frontiers]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 


17G1.]  Cadwallader  Colden,  Esq  :  Lieut.  Governor.  1445 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  themselves  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled 
[An  Act  to  prevent  Frauds  in  the  sale  of  Damaged  Goods  imported  into  this  Colony]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  themselves  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled 
[An  Act  providing  that  the  Judges  of  the  Supreme  Court  shall  have  their  Commissions  during 
good  Behaviour]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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 

Rcsohcd,  that  the  said  Bill  do  pass. 

Mp  Kennedy  dissented  to  the  said  Bill  and  his  Dissent  is  entered  accordingly. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Fryday,  the  eleventh  day  of  September,  17G1. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  ARCHIBALD  KENNEDY,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entitled  [An 
Act  to  prevent  Disputes  and  Controversies  which  may  arise  by  the  Demise  of  the  Crown,  and 
for  confirming  the  Courts  of  Common  Law  and  the  Proceedings  therein]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

Ordcicd,  that  the  said  Bill  be  read  the  third  time. 


1446  Journal  of  the  Legislative  Council  of  New  York.  [2^h  £„'•,?£• 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put. 

Resolved,  that  the  said  Bill  do  Pass. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  for  naturalizing  John  De  Lisle  Frederick  Frank  and  one  hundred  and  forty  eight  others 
whose  Names  are  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  Resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

Mr  Smith  dissented  to  the  said  Bill,  and  his  Dissent  is  entered  accordingly. 

Ordered,  that  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have 
passed  the  said  Bill  without  any  Amendment. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly.  And 

The  General  Assembly  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  General  Assembly 
was  pleased  to  give  his  assent  to  three  Bills  the  Titles  whereof  are  as  follow 

An  Act  providing  for  one  hundred  and  seventy  three  Volunteers,  Officers  included,  to  be 
Employed  in  protecting  the  different  Posts  on  the  Frontiers. 

An  Act  to  prevent  Frauds  in  the  Sale  of  Damaged  Goods  imported  into  this  Colony. 

An  Act  for  naturalizing  John  De  Lisle  Frederick  Frank,  and  one  hundred  and  forty  eight 
others  whose  Names  are  therein  mentioned. 

After  which  the  said  Act  was  published  in  the  usual  manner,  and  his  Honour  the  Lieutenant 
Governor,  the  Council  and  the  General  Assembly,  being  come  into  the  Council  Chamber. 

His  Honour  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to  the 
Assembly  Chamber  and  adjourn  the  House  untill  Tuesday  the  tenth  day  of  November  next,  then 
to  meet  to  proceed  upon  Business. 

His  Honour  then  returned  to  the  Fort  attended  as  usual. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Tuesday  the  Tenth  day  of  November  next. 


TWENTY-NINTH  ASSEMBLY    THIRD  SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  o/New  York  begun 
and  holden  at  the  City  Hall  in  the  City  of  New  York  on  Tuesday  the  twenty  fourth 
day  of  November  in  the  second  year  of  the  Reign  of  out'  Soveraign  Lord  George 
the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth,  and  in  the  year  of  our  Lord  One  thousand  seven  hundred 
and  Sixty  One. 

The  General  Assembly  having  on  the  Eleventh  day  of  September  last,  by  the  Direction  of 
his  Honour  the  Lieutenant  Governor  been  adjourned  to  the  tenth  day  of  November  Instant; 
And  a  Proclamation  having  on  the  thirty  first  day  of  October  last  been  issued  by  his  Excellency 
the  Honohle  Robert  Monckton  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
of  New  York  and  the  territories  depending  thereon  in  America,  and  Major  General  of  his 
Majesty's  Forces;  whereby  the  said  General  Assembly  was  prorogued  to  this  Day  then  to  meet 
to  proceed  on  Business. 


1761.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1447 

The  Council  met  accordingly, 

PRESENT — The  Honoble  JOHN  CHAMBERS,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  til  to  Morrow  Morning  11  o  clock. 

Wednesday,  the  twenty  fifth  day  of  November,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  JOB.X  CHAMBERS,  Esq1,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Honoble  Cadwallader  Golden  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in 
Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America,  being 
come  to  the  Council  Chamber,  sent  a  Message  by  the  Deputy  Secretary,  requiring  the  immediate 
attendance  of  the  General  Assembly  in  the  Council  Chamber 

The  General  Assembly  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  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. 

His  Honour  the  Lieutenant  Governor  attended  as  usual  then  returned  to  the  Fort. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  His  Honour  the  Lieutenant  Governor's  Speech  be  read. 

Then  the  Speech  was  read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows. 

Genthmni  of  the  Council  and  General  Assembly 

His  Majestys  Service  requiring  the  Absence  of  his  Excellency  the  Governor  in  Chief,  it  shall 
be  my  earnest  Endeavour,  with  your  Assistance,  that  the  Interest  of  the  Province,  during  this 
Emergency  suffer  as  little  as  possible. 

In  the  present  happy  Conjuncture,  when  our  gracious  Sovereign  has  nothing  to  demand  of 
you,  that  calls  for  your  particular  Aid,  your  Attention  will  he  confined  to  what  more  immediately 
relates  to  the  internal  Concerns  of  Government,  and  the  Welfare  and  Prosperity  of  the  Colony. 

Complaints  of  the  dilatory  Proceedings  in  the  Courts  of  Law  and  of  the  heavy  Expence  in 
obtaining  Justice,  are  so  general  and  frequent,  that  they  well  deserve  your  Attention.  I  therefore 
recommend  to  you  to  enquire  into  the  Grounds  of  these  Complaints,  and  if  found  just,  to 
apply  a  Remedy  adequate  to  so  great  an  Evil.  Without  doubt,  it  is  the  Duty  and  in  the 
Power  of  the  Legislature,  to  give  Relief  in  every  publick  Grievance.  The  Delay  of  Justice 
is  a  Denial  of  it  "for  a  Time,  and  is  often,  when  attended  with  great  Expence,  of  worse 
Consequence  to  Individuals,  than  the  absolute  Refusal  of  Justice..  The  Security  of  Government 
and  the  well-being  of  Society  are  founded  on  the  equal  Distribution  of  Justice,  which  cannot 
prevail  in  its  proper  Extent,  while  the  Expence  in  obtaining  it  is  insupportable  to  many. 

The  excessive  Number  of  Tipling  Houses  throughout  the  Province  points  out  the  Utility  of 
a  Law  to  restrain  them.  They  are  ruinous  to  many  poor  Families  that  might  otherwise  be  usefull 
to  the  Community,  and  Destructive  of  the  Morals  of  Servants  and  Slaves.  Evils  so  prevalent 
and  pernicious,  as  to  claim  your  most  serious  Consideration. 

Gentlemen  of  the  General  Assembly, 

Besides  the  Support  of  his  Majesty's  Government,  usually  provided  for  at  this  Season,  I  have 
only  to  recommend,  that  you  will  Supply  any  Deficiency,  which  shall  appear  in  the  Monies 
already  appropriated  for  the  Pay  of  the  Forces  to  the  first  of  this  Month,  the  Time  of  their 
Discharge. 


1448  Journal  of  the  Legislative  Council  of  New  York. 

Gentlemen  of  the  Council  and  General  Assembly, 

Nothiiv  will  afford  me  more  real  Satisfaction,  than  contributing  to  the  Welbeing  and  future 
Happiness  of  the  good  People  of  this  Province,  and  you  may  be  assured  that  whatever  you 
shall  propose,  conducive  to  this  End  and  consistent  with  my  Duty  to  his  Majesty,  will  find  my 
ready  Concurrence  and  Assent. 

CADWALLADER  GOLDEN. 
Fort  George,  New  York, 

25  November  1761. 

Ordered  that  his  Honour  the  Lieutenant  Governors  Speech  be  forthwith  printed. 

Mr  Walton  then  moved  that  an  humble  Address  might  be  presented  by  this  House  to  his 
Honour  the  Lieutenant  Governor,  in  answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to, 

Resolved  that  an  humble  Address  be  presented  by  this  House  accordingly. 

Ordered  that  Mr  Smith  Mr  Watts  &  Mr  Walton  be,  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  lay  the  same  before  this 
House  with  all  convenient  Speed. 

The  Council  Adjourned  til  Monday  Morning  11  o  Clock. 


Monday,  the  thirtieth  day  of  November,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  JOHN  CHAMBERS,  Esquire,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Watts  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  be 
presented  bytliis  House  to  his  Honour  the  Lieutenant  Governor,  Reported  that  the  Committee 
had  prepared  the  draft  of  an  Address  accordingly,  which  he  read  in  his  Place,  and  then 
delivered  the  same  in  at  the  Table,  where  the  same  was  again  read,  and  being  agreed  to,  was 

Onlcied  to  be  Engrossed. 

The  Engrossed  Address  to  His  Honour  the  Lieutenant  Governor,  was  read  and  approved  of. 

Ordered  that  the  Speaker  do  sign  the  said  Address,  who  having  signed  the  same. 

Ordered  that  Mr  Smith  and  Mr  Watts  do  wait  on  his  Honour  the  Lieutenant  Governor,  and 
desire  to  know  when  he  will  be  pleased  to  be  attended  by  this  House,  with  their  Address. 

The  said  Gentlemen  being  returned  Reported  that  they  had  waited  on  his  Honour  the 
Lieutenant  Governor,  and  delivered  the  said  Message,  and  that  he  was  please  I  to  say,  he 
would  receive  the  Address  of  this  House  immediately  at  the  Council  Chamber  in  Fort  George. 

The  Speaker  left  the  Chair  and 

The  Council  went  to  Fort  George  to  present  the  humble  Address  of  this  House  to  his  Honour 
the  Lieutenant  Governor,  and  the  Council  being  returned 

The  Speaker  resumed  the  Chair  and 

Reported  that  the  House  having  attended  his  Honour  the  Lieutenant  Governor,  and  presented 
to  him  their  humble  Address. 

His  Honour  had  been  pleased  to  return  a  favourable  Answer  there'o,  which  he  delivered  in 
at  the  Table,  where  the  si  me  was  read. 

Ordered  that  the  said  Address  and  Answer  be  entered  in  the  Minutes  of  this  House,  which  are 
as  follow. 

To  the  Honourable  CADWALLADKR  GOLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and 
Commander  in  Chief  of  the  Province  of  New  York  and  the  Territories  depending 
thereon  in  America. 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour, 

We  his  Majesty's  most  dutiful  and  Loyal  Subjects,  the  Council  f>r  the  Province  of  New  York, 
beg  leave  to  return  your  Honour  our  thanks  for  your  kind  Speech. 

Dilatory  Proceedings  in  the  Courts  of  Law,  and  a  heavy  expence.  in  obtaining  Justice,  are 
objects  which  so  sensibly  affect  the  Publick,  that  they  certainly  claim  the  serious  attentioli  of 


1761.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1449 

the  Legislature  ;  and  if  upon  Enquiry  the  Complaints  appear  well  grounded  and  Just,  your 
Honour  may  be  assured  of  our  hearty  concurrence  in  applying  a  Remedy  adequate  to  the  evil. 
Oppressions  of  all  kinds  are  truly  odious,  but  surely  those  are  of  the  most  pernicious  Nature 
that  assume  the  face  of  Justice. 

The  Utility  of  a  Law  to  suppress  the  number  of  obscure  disorderly  Tipling  Houses  that 
prevail  throughout  the  Province  so  much  to  the  Prejudice  of  the  Community  in  general  and  so 
destructive  to  Individuals  in  particular,  is  without  doubt  very  evident  —  The  Government 
cannot  certainly  want  the  means  and  therefore  the  greater  will  be  the  Reproach,  if  the  evil  is 
suffered  to  continue  —  In  correcting  not  only  this,  but  every  other  abuse  that  obstructs  the  good 
Oeconomy  and  Prosperity  of  the  Province,  your  Honour  will  always  find  our  chearful  Assistance. 

By  order  of  the  Council 
New  York  30  November  1761.  JOHN  CHAMBERS  Speaker. 

His  Honour  the  LIEUTENANT  GOVERNORS  Answer. 
Gentlemen, 

I  thank  you  for  this  Address.  It  is  not  easy  to  conceive  that  complaints  so  general  and 
frequent  as  those  of  the  dilatory  proceedings  in  the  Courts  of  Justice  in  this  Province  and  of 
the  expence  attending  ihem,  can  be  without  some  foundation,  especially  when  they  have  gone 
so  far  as  to  reach  the  Royal  Ear,  as  appears  by  the  late  Kings  32d  Instruction  to  Sir  Charles 
Hardy. 

I  make  not  the  least  doubt  of  your  assistance  in  every  thing  for  the  Benefit  of  the  People  of 
this  Province. 

Fort-George  New- York.  CADWALLADER  COLDEN. 

30th  November  1701. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

Ordered,  that  the  Deputy  Clerk  of  this  House  do  write  to  Mr  Horsmanden  and  Colonel 
Martin,  acquainting  them  that  this  House  conceiving  their  attendance  necessary  for  the  dispatch 
of  the  Publick  Business,  desire  their  attendance  accordingly. 

The  Council  adjourned  to  Tuesday  the  fifteenth  day  of  December  next. 


Tuesday,  the  15'*  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Verplanck  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty  the 
several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Mr  Bayard  with  the  Bill  Entituled 
[An  Act  further  to  continue  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,  passed  in  the 
eleventh  year  of  his  late  Majesty's  Reign]  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. 

A  Message  from  the  General  Assembly  by  Alderman  Livingston  and  Mr  Ten  Broeck  with  the 
Bill  Entituled  [An  Act  more  effectually  to  impower  the  Trustees  of  fraudulent  and  absconding 
Debtors  appointed  or  to  be  appointed  pursuant  to  an  Act  Entituled  [An  Act  to  prevent  Frauds 
in  debtors]  to  exercise  the  powers  they  are  or  may  be  invested  with]  desiring  the  Concurrence 
of  the  Council  thereto. 

182 


1450  Journal  of  the  Legislative  Council  of  New  York.  R!;h 


L  3d 


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  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  16'A  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Honour  the 
Lieutenant  Governor,  which  being  read  was 

Ordered  to  be  entered  on  the  Minutes  and  is  as  follows  viz'. 

Gentlemen, 

As  for  some  Years  past  no  Provision  has  been  made  for  the  Salary  of  Chief  Justice,  I  think  it 
proper,  to  inform  you  that  Benjamin  Pratt,  Esq,  has  received  his  Majesty's  Commission  for  that 
Office,  and  has  already  entered  upon  it :  A  Gentleman  whose  Knowledge  and  Integrity  must 
render  him  highly  acceptable  to  the  People  of  this  Province.  I  therefore  recommend  that  the 
Provision  for  this  Officer  be  suitable  to  the  Dignity  and  great  Trust  of  the  Office.  It  is  well 
known  that  when  the  Salary  of  the  Chief  Justice  was  first  fix't  at  £300  about  the  year  1715, 
the  Value  of  the  current  Money  was  much  higher  and  the  Price  of  all  Necessaries  for  the 
Support  of  a  Family  much  lower  than  at  present:  and  I  hope  you  will  think  it  highly 
unreasonable  that  a  Gentleman  should  employ  his  Time  in  the  Service  of  the  Publick,  at  the 
Expence  of  his  own  private  Fortune. 

Fort  George  New  York  CADWALLADER  COLDEN. 

16th  December  1761. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Cornell  with  the  Bill  Entituled 
[An  Act  for  the  more  Effectual  Prevention  of  fires  and  for  Regulating  of  Buildings  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. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Boerum  with  the  Bill  entituled 
[An  Act  to  impower  and  Enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York 
for  the  time  being,  or  the  Major  part  of  them,  to  order  the  raising  a  sum  not  Exceeding 
Eighteen  hundred  pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City,  for  fixing  of 
Lamps  and  Providing  a  Sufficient  number  of  Watchmen]  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. 

A  Message  from  the  General  Assembly  by  Mr  Lispenard  and  Mr  Miller  with  the  Bill  entituled 
[An  Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York 
for  the  time  being,  or  the  major  part  of  them,  to  order  the  Raising  a  sum  not  Exceeding  seven 
hundred  pounds  by  a  tax  on  Estates  real  and  Personal  in  the  said  City]  desiring  the  Concurrence 
of  the  Council  thereto. 

Ordered  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordired  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Mr  Miller  with  the  Bill  entituled 
[An  Act  to  enable  the  Supervisors  of  Kings  County  to  raise  the  sum  of  four  hundred  and  thirty 
one  pounds  due  from  the  said  County  on  the  Act  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  and 

Ordered,  a  second  Reading. 


1761/J  Cadwallader  Golden,  Esq :    Lieut.  Governor.  1451 

The  Bill  Entitulcd  [An  Act  further  to  Continue  an  Act  Entituled  an  Act  for  Granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  Imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  further  to  Continue  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  passed  in  the  Eleventh  year  of  his  late  Majesty's  Reign]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  more  Effectually  to  impower  the  Trustees  of  fraudulent  and 
absconding  Debtors  appointed  or  to  be  appointed  pursuant  to  an  Act  Entituled  [An  Act  to 
prevent  frauds  in  Debtors]  to  Exercise  the  Powers  they  are  or  may  be  invested  with]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  17"'  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Lispenard  and  Mr  Douw  with  the  Bill  Entituled 
[An  Act  for  the  more  effectual  collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New 
York  and  for  Partition  of  Lands  in  order  thereto]  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. 

A  Message  from  the  General  Assembly  by  Alderman  Livingston  and  Mr  Bruyn  with  the  Bill 
Entituled  [An  Act  to  empower  the  Persons  therein  named  to  recover  and  collect  the  Arrears  of 
the  Excise  on  Tea  due  on  the  Acts  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Capt  Seaman  and  Mr  Cornell  with  the  Bill 
Entituled  [An  Act  for  cording  Firewood  brought  into  the  City  of  New  York  for  sale]  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. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Boerum  with  the  Bill  Entitled 
[An  Act  Providing  that  the  Judges  of  the  Supreme  Court  shall  have  their  Commissions  during 
good  Behaviour]  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  Bill  Entituled  [An  Act  for  the  more  Effectual  Prevention  of  Fires  and  for  regulating  of 
buildings  in  the  City  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  impower  and  Enable  the  Mayor  Recorder  and  Aldermen  of  the 
City  of  New  York  for  the  time  being,  or  the  Major  Part  of  them,  to  order  the  raising  a  Sum  not 
exceeding  Eighteen  hundred  Pounds,  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City 
for  Fixing  of  Lamps  and  Providing  a  sufficient  number  of  Watchmen]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  Impower  and  enable  the  Mayor  Recorder  and  Aldermen  of 
the  City  of  New  York  for  the  time  being,  Or  the  Major  part  of  them,  to  Order  the  Raising  a 
Sum  not  Exceeding  seven  hundred  Pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said 
City]  was  read  the  second  time  and 


1452  Journal  of  the  Legislative  Council  of  New  York. 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  Enable  the  Supervisors  of  Kings  County  to  raise  the  Sum  of 
Four  hundred  and  Thirty  One  Pounds  due  from  the  said  County  on  the  Act  therein  mentioned] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  Eighteenth  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PEESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  the  more  Effectual  Collecting  his  Majesty's  Quit  Rents  in 
the  Colony  of  New  York  and  for  Partition  of  Lands  in  Order  thereto]  was  read  the  Second 
time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  impower  the  Persons  therein  named  to  recover  and  Collect 
the  Arrears  of  the  Excise  on  Tea  due  on  the  Acts  therein  mentioned]  was  read  the  Second 
time  and 

Order/d  to  be  Committed. 

The  Bill  Entituled  [An  Act  for  Cording  Firewood  brought  into  the  City  of  New  York  for 
Sale]  was  read  the  Second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  Providing  that  the  Judges  of  the  Supreme  Court  shall  have 
their  Commissions  during  good  Behaviour]  was  read  the  Second  time  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Colonel  ITaring  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  regulating  the  Militia  of  the 
Colony  of  New  York  together  with  the  several  Acts  therein  mentioned  respecting  the  regulating 
the  Militia]  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. 

A  Message  from  the  General  Assembly  by  Cap'  Livingston  and  Mr  Bayard  with  the  Bill 
Entituled  [An  Act  to  regulate  the  collecting  the  duty  of  Excise  on  strong  Liquors  retailed  in 
this  Colony  from  the  first  day  of  January  One  thousand  seven  hundred  and  sixty  two  to  the  first 
day  of  January  one  thousand  seven  hundred  and  sixty  three]  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Groot  with  the  Bill  Entituled 
[An  Act  to  raise  levy  and  collect  the  Sum  of  Eighty  seven  Pounds  thirteen  Shillings  in  the 
City  and  County  of  New  York  for  services  performed  by  the  Coroner  of  the  said  City  and 
County]  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. 


1761.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1453 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Mr  Wisner  with  the  Bill 
Entituled  [An  Act  to  prevent  transient  Persona  from  selling  Goods  at  Vendue  in  Richmond 
County]  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  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  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  passed  in  the 
Eleventh  year  of  his  late  Majestys  Reign]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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 

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 

R'sohed  that  the  said  Bill  do  pass. 

Ordered  that  Mr  De  Lancey  do  Acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  more  Effectual  Prevention  of  Fires  and  for  regulating  of  Buildings  in  the  City  of 
New  York]  And  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  impower  and  Enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  for 
the  Time  being,  or  the  Major  part  of  them,  to  order  the  raising  a  Sum  not  Exceeding  Eighteen 
hundred  Pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City,  for  fixing  of  Lamps 
and  Providing  a  Sufficient  number  of  Watchmen]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bdl 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  for  the 
time  heing,  or  the  Major  part  of  them,  to  order  the  raising  a  Sum  not  exceeding  seven  hundred 
pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Supervisors  of  Kings  County  to  raise  the  sum  of  four  hundred  and  thirty  one 
pounds  due  from  the  said  County  on  the  Act  therein  mentioned]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Walton  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  any 
Amendment. 


1454  Journal  of  the  Legislative  Council  of  New  York.  [ 

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

Ordered  a  third  reading. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Saturday,  the  1Q"1  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Bruyn  with  the  Bill 
Entituled  [An  Act  to  prevent  Disputes  and  Controversies  which  may  arise  by  the  Demise  of 
the  Crown,  and  for  confirming  the  Courts  of  Common  Law  and  the  proceedings  therein]  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. 

A  Message  from  the  General  Assembly  by  Mr  Bruyn  and  Mr  Wisner  with  the  Bill  Entituled 
[An  Act  to  divide  the  Highland  Precinct  in  Ulster  County  into  two  Precincts]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Broeck  and  Captain  Livingston  with  the  Bill 
Entitled  [An  Act  to  amend  An  Act  entituled  An  Act  for  regulating  clearing  and  further  laying 
out  Publick  Highways  throughout  the  City  and  County  of  Albany]  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. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Thomas  with  the  Bill  Entituled 
[An  Act  to  prohibit  the  acting  of  Plays  or  the  Entertainment  of  the  Stage  in  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. 

The  Bill  Entituled  [An  Act  further  to  Continue  An  Act  Entituled  An  Act  for  Regulating 
the  Militia  of  the  Colony  of  New  York  together  with  the  several  Acts  therein  mentioned 
respecting  the  regulating  the  Militia]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  said  Bill 

Ordered  a  third  Reading. 

The  Bill  Entituled  [An  Act  to  Regulate  the  Collecting  the  duty  of  Excise  on  Strong  Liquors 
Retailed  in  this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty 
two  to  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  three]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  house  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 


1761.]  Cadicallader  Colden,  Esq  :  Lieut.  Governor.  1455 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Bill  Entituled  [An  Act  to  Raise  Levy  and  Collect  the  sum  of  Eighty  seven  Pounds 
Thirteen  shillings  in  the  City  and  County  of  New  York  for  services  performed  by  the  Coroner 
of  the  said  City  and  County]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  said  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  to  prevent  transient  Persons  from  selling  Goods  at  Vendue  in 
Richmond  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  said  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  for  the  more  effectual  prevention  of  Fires  and  for  Regulating  of 
Buildings  in  the  City  of  New  York]  was  read  the  third  time 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  impower  and  enable  the  Mayor,  Recorder  and  Aldermen  of 
the  City  of  New  York  for  the  time  being,  or  the  major  part  of  them,  to  order  the  raising  a  sum 
not  exceeding  Eighteen  hundred  pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City 
for  fixing  of  Lamps  and  providing  a  sufficient  number  of  Watchmen]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved.,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  impower  and  enable  the  Mayor,  Recorder  and  Aldermen  of 
the  City  of  New  York  for  the  time  being  or  the  major  part  of  them,  to  order  the  raising  a  sum 
not  exceeding  seven  hundred  pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City] 
was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled,  [An  Act  to  enable  the  Supervisors  of  Kings  County  to  raise  the  sum  of 
four  hundred  and  thirty  one  pounds  due  from  the  said  County  on  the  Act  therein  mentioned] 
was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  last  mentioned  Bills  without  any  amendment. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  empower  the  persons  therein  named  to  recover  and  collect  the  arrears  of  the  Excise  on 
Tea  due  on  the  Acts  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 
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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  last  mentioned  Bill  without  any  Amendment. 


1456  Journal  of  the  Legislative  Council  of  Neiv  York.  [2^h  ££"• 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  more  effectually  to  empower  the  Trustees  of  fraudulent  and  absconding  Debtors,  appointed 
or  to  be  appointed  pursuant  to  An  Act  entituled  [An  Act  to  prevent  Frauds  in  Debtors]  to 
exercise  the  Powers  they  are  or  may  be  invested  with]  and  after  some  time  spent  therein 

The  Speaker  assumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  thesame  with  an  A  mendment, 
which  amendment  he  read  in  his  Place,  arid  then  delivered  the  Bill  with  the  Amendment  in  at 
the  Table  when  the  amendment  was  again  read  and  being  agreed  to  the  Report  was  on  the 
Question  being  put  agreed  to  and  approved  of. 

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  as  amended  do  pass. 

Ordered  that  Mr  Watts  do  carry  the  said  Bill  with  the  amendment  to  the  General  Assembly 
and  acquaint  them  that  the  Council  have  passed  the  Bill  with  the  said  amendment  to  which 
they  desire  their  Concurrence. 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 


Monday,  the  21s'  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  further  to  continue  an  Act  Entituled  An  Act  for  regulating  the 
Militia  of  the  Colony  of  New  York  together  with  the  several  Acts  therein  mentioned  respecting 
the  regulating  the  Militia]  was  read  the  Third  time  and 

On  the  Question  being  put 

Resolved  that  the  said  Bill  do  pas?. 

The  Bill  Entituled  [An  Act  to  regulate  the  Collecting  the  Duty  of  Excise  on  Strong  Liquors 
retailed  in  this  Colony  from  the  First  day  of  January  One  Thousand  seven  hundred  and  Sixty 
two  to  the  First  day  of  January  one  thousand  seven  hundred  and  sixty  three]  was  read  the 
third  time,  and 

On  the  Question  being  put 

Resolved  that  the  said  Bill  do  pass. 

Ordered  that  Mr  Chambers  do  accquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  Collect  Levy  and  raise  the  sum  of  Eighty  Seven  Pounds 
thirteen  Shillings  in  the  City  and  County  of  New  York  for  services  performed  by  the  Coroner 
of  the  said  City  and  County]  was  read  the  third  time  and 

On  the  Question  being  put. 

Resolved,  that  the  said  Bill  do  Pass. 

The  Bill  Entituled  [An  Act  to  prevent  Transient  Persons  from  selling  Goods  at  Vendue  in 
Richmond  County]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  accquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  last  mentioned  Bills  without  any  amendment. 

The  Bill  Entituled   [An   Act  to  divide  the  Highland  Precinct  in  Ulster  County  into  two 
Precincts]  was  read  the  second  time  and 
Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  amend  An  Act  entituled  An  Act  for  regulating  clearing  and 
further  laying  out  publick  Highways  throughout  the  City  and  County  of  Albany]  was  read  the 
second  time,  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  prohibit  the  acting  of  Plays  or  the  Entertainment  of  the  Stage 
in  this  Colony]  was  read  the  second  time  and 


1761.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1457 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Ten  Brook  with  the  Bill 
Entituled  [An  Act  more  effectually  to  empower  the  Trustees  of  fraudulent  and  absconding 
Debtors  appointed  or  to  be  appointed  pursuant  to  An  Act  Entituled  [An  Act  to  prevent  Frauds 
in  Debtors]  to  exercise  the  Powers  they  are  or  may  be  invested  with]  and  the  amendment  made 
thereto  by  the  Council,  acquainting  this  House,  that  the  General  Assembly  have  agreed  to  the 
said  Amendment,  and  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  by  adding  to  the  Title  of  the  Bill  these  words  viz'  [and  for 
more  effectually  extending  the  said  Act  to  Creditors  not  residing  within  this  Colony.] 

The  Council  adjourned  till  to  Morrow  Morning  Ho  Clock. 


Tuesday,  the  22d  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Watts  moved  that  an  humble  Address  might  be  prepared  by  this  House  to  be  laid  before 
the  King  to  congratulate  his  Majesty  on  his  auspicious  Nuptials,  to  express  their  Gratitude  for 
this  recent  Proof  of  his  Majesty's  Regard  to  the  publick  Welfare,  in  providing  by  this  interesting 
Event  for  its  future  Stability  and  Security,  and  to  implore  the  Divine  Goodness  to  perpetuate 
to  his  Majesty  and  his  Royal  Consort,  every  publick  and  domestick  Felicity. 

Which  Motion  being  seconded  was  unanimously  agreed  to. 

Resolved,  that  an  humble  Address  be  prepared  to  be  laid  before  his  Majesty  accordingly. 

Ordered,  that  Mr  Watts,  Mr  Walton  and  Mr  De  Lancey  be  a  Committee  of  this  House  to 
prepare  the  Draft  of  the  said  Address,  and  that  they  meet  in  the  City  Hall  at  12  o  clock  this 
day. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  appointed 
Mr  Watts,  Mr  Walton  and  Mr  De  Lancey  a  Committee  of  this  House  to  prepare  the  Draft  of  an 
humble  Address,  to  congratulate  his  Majesty  on  his  auspicious  Nuptials,  to  express  their 
Gratitude  for  this  recent  proof  of  his  Majestys  regard  to  the  publick  welfare  in  providing  by 
this  interesting  event  for  its  future  stability  and  security,  and  to  implore  the  Divine  Goodness 
to  perpetuate  to  his  Majesty  and  his  Royal  Consort  every  publick  and  domestick  Felicity  — 
That  the  said  Committee  is  to  meet  in  the  City  Hall  at  12  o  clock  this  day;  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  above  mentioned,  to  prepare  the  Draft 
of  the  said  Address. 

The  Speaker  left  the  Chair  arid 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  divide  the  Highland  Precinct  in  Ulster  County  into  two  Precincts]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An  Act 
to  amend  An  Act  entituled  An  Act  for  regulating  clearing  and  further  laying  out  publick 
Highways  throughout  the  City  and  County  of  Albany]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

183 


1458  Journal  of  the  Legislative  Council  of  New  York.  [2^h  ^f: 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Schenck  and  Mr  Cornell  acquainting  the 
Council  that  that  House  hath  appointed  Major  Lispenard,  Captain  Livingston,  Capt  Douw,  Mr 
P.  R.  Livingston,  Mr  Miller,  and  Mr  Bayard  to  be  a  Committee  to  join  the  Committee  of  the 
Council  in  preparing  the  Address  to  his  Majesty  proposed  in  the  Councils  message  to  the  House 
of  this  day. 

Mr  Watts  Reported  that,  the  Joint  Committee  of  the  Council  and  General  Assembly  appointed 
to  prepare  the  draft  of  an  Address  to  his  Majesty  had  met  and  prepared  a  Draft  thereof  which 
he  read  and  then  delivered  the  same  in  at  the  Table,  where  the  said  Draft  was  again  Read  : 
and  was  on  the  Question  being  put  agreed  to  and  approved  of. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Seaman  acquainting  the 
Council  that  the  General  Assembly  have  approved  of  the  Draft  of  an  Address  to  his  Majesty 
prepared  by  the  Joint  Committees,  and  desire  the  Address  may  be  engrossed  accordingly. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  hath  approved 
of  the  Draft  of  the  Address  to  his  Majesty  prepared  by  the  Joint  Committees,  and  have 
appointed  Mr  Watts  and  Mr  De  Lancey  to  wait  on  his  Honour  the  Lieutenant  Governor  with 
the  draft  of  the  said  Address  tomorrow  Morning  at  11  o  Clock,  to  desire  he  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  Honour  at  the  same  time  for  the  like  Purpose. 

A  Message  from  the  General  Assembly  by  Mr  Wisner  and  Mr  Ten  Brook  acquainting  the 
Council  that  the  House  hath  appointed  Major  Lispenard,  Cap1  Livingston,  Mr  Miller  and  Mr 
Bayard  to  wait  on  his  Honour  the  Lieutenant  Governor,  with  the  Gentlemen  appointed  by  the 
Council  to  lay  before  his  Honour  the  Draft  of  the  Address  to  his  Majesty  and  to  desire  he  will 
be  pleased  to  join  therein. 

The  Council  adjourned  till  Thursday  Morning  11  o  clock. 


Thursday,  the  24'A  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  DANIEL  HOKSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™. 

The  Speaker  assumed  the  Chair 

Mr  Watts  reported  that  having  with  Mr  De  Lancey  and  the  Gentlemen  appointed  by  the 
General  Assembly,  waited  on  his  Honour  the  Lieutenant  Governor  with  the  Draft  of  the 
humble  Address  to  his  Majesty,  prepared  by  the  Joint  Committees  of  the  two  Houses,  and 
desired  his  Honour  would  be  pleased  to  join  therein,  His  Honour  declared  he  approved  of  the 
draft  and  would  readily  join  in  the  Address. 

Ordered,  that  the  Draft  be  altered  by  adding  thereto  the  stile  of  the  Lieu'  Governor  which 
being  alter'd  accordingly. 

Ordered,  that  two  copies  of  the  said  Address  be  Engrossed. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Cap'  Seaman  with  the  Bill 
Entituled  [An  Act  to  empower  Sir  William  Baker  Knight  and  Robert  Charles  Esqr  of  the  City 
of  London,  to  receive  (he  Sum  that  shall  be  allowed  to  this  Colony,  by  his  Majesty,  out  of  the 
Sum  of  Two  hundred  thousand  Pounds  granted  by  Parliament  for  the  Northern  Colonies  for 
defraying  the  Expence  of  the  Campaign  of  the  year  one  thousand  ssven  hundred  and  Sixty] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Groot  with  the  Bill  Entituled 
[An  Act  for  naturalizing  Christopher  Tobias,  Andries  Zeigard,  Jacob  Lowen,  Jury  Lowen] 
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 


1761.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1459 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  more  effectual  collecting  of  his  Majestys  Quit  Rents  in  the  Colony  of  New  York, 
and  for  Partition  of  Lands  in  order  thereto]  and  after  some  time  spent  therein, 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Council  adjourned  till  4  o  Clock  in  the  Afternoon. 


Thursday,  the  24tt  day  of  December,  1761,     P.M.. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono''u  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  empower  Sir  William  Baker  Knight  and  Robert  Charles  Esqr 
of  the  City  of  London,  to  receive  the  Sum  that  shall  be  allowed  to  this  Colony  by  his  Majesty, 
out  of  the  Sum  of  two  hundred  thousand  Pounds  granted  by  Parliament  for  the  Northern 
Colonies,  for  defraying  the  Expences  of  the  Campaign  of  the  year  one  thousand  seven  hundred 
and  Sixty]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  for  naturalizing  Christopher  Tobias,  Andries  Zeigard  and  others'] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  Tuesday  morning  next  at  11  o  clock. 


Tuesday,  the  29'A  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honotle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq". 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  house  on  the  Bill  Entituled  [An 
Act  to  empower  Sir  William  Baker  Knight  and  Robert  Charles  Esqr  of  the  City  of  London,  to 
receive  the  Sum  that  shall  be  allowed  to  this  Colony  by  his  Majesty,  out  of  the  sum  of  two 
hundred  thousand  pounds  granted  by  Parliament  for  the  Northern  Colonies,  for  Defraying  the 
Expence  of  the  Campaign  of  the  year  One  thousand  Seven  hundred  and  Sixty]  and  after  some 
time  spent  therein, 

Mr  Chambers  from  the  Committee  of  the  whole  house  in  his  place  reported  that  tho 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  an/ 
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. 

The  Speaker  left  the  Chair  and 


1460  Journal  of  the  Legislative  Council  of  New  York.  [2^h  g£™; 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  naturalizing  Christopher  Tobias,  Andries  Zegard  &c]  and  after  some  time  spent  therein 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  any 
Amendment. 

Which  Eeport  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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Engrossed  Copies  of  the  humble  Address  to  his  Majesty  were  read. 

Ordered,  that  Mr  De  Lancey  do  carry  the  Engrossed  Copies  of  the  said  Address  to  his  Honour 
the  Lieutenant  Governor,  and  desire  he  will  be  pleased  to  sign  the  same. 

Mr  De  Lancey  delivered  in  at  the  Table  the  engrossed  Copies  of  the  said  Address  signed  by 
his  Honour  the  Lieutenant  Governor. 

Ordered,  that  the  Speaker  do  sign  the  said  Address  in  behalf  of  this  House,  and 

The  Speaker  having  signed  the  same  accordingly 

Ordered,  that  Mr  Smith  do  carry  to  the  General  Assembly  the  Engrossed  Copies  of  the  Address 
to  his  Majesty,  and  when  that  House  have  signed  the  same,  that  he  do  then  wait  on  his  Honour 
the  Lieutenant  Governor,  with  such  Members  as  they  shall  appoint  for  that  purpose,  and 
deliver  the  said  Address  to  his  Honour  and  desire  he  will  be  pleased  to  transmit  the  same  to  his 
Majesty's  Ministers,  in  order  to  be  laid  before  his  Majesty. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Cornell  with  the  Bill  Entituled 
[An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the  several  Officers  of  the  Government 
to  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  two]  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. 

Mr  Walton  presented  to  the  House  a  Bill  Entituled  [An  Act  for  the  more  speedy  determining 
of  Law  Suits  and  the  better  regulating  the  Practise  of  the  Law]  and  moved  that  the  same 
might  be  read. 

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  to  Morrow  Morning  11  o  clock. 


Wednesday,  the  30th  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono*>le  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  the  payment  of  the  Salaries  and  Services  of  the  several 
Officers  of  the  Government  to  the  first  day  of  September  one  thousand  seven  hundred  and  sixty 
two]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 


1761.]  Cadwallader  Golden,  Esq:    Lieut.  Governor.  1461 

The  Bill  Entituled  [An  Act  for  the  more  speedy  determining  of  Law  Suits  and  the  better 
regulating  the  Practice  of  Law]  was  read  the  second  time  arid 
Ordered  to  be  Committed. 
The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Thursday,  the  31"  day  of  December,  1761. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honobl6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Smith  reported  that  having  with  the  Gentlemen  appointed  by  the  General  Assembly 
presented  to  his  Honour  the  Lieutenant  Governor  the  Humble  Address  of  the  Lieutenant 
Governor,  the  Council  and  the  General  Assembly  to  his  Majesty  and  desired  his  Honour  would 
be  pleased  to  transmitt  the  same  to  his  Majesty's  Ministers  in  order  to  be  laid  before  his  Majesty, 
His  Honour  had  assured  them  he  would  transmit  the  same  by  the  first  oppertunity. 

The  Bill  Entituled  [An  Act  for  the  payment  of  the  salaries  and  services  of  the  several  Officers 
of  the  Government  to  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  two] 
was  read  the  third  time  and 

The  Council  having  some  doubt  as  to  the  propriety  of  some  parts  of  the  Bill,  and  having 
consulted  his  Honour  the  Lieutenant  Governor  thereupon,  and  he  having  been  pleased  to 
recommend  the  passing  the  Bill  in  its  present  Form 

The  Question  was  put 

Whether  the  Bill  should  pass,  and  thereupon 

Resolved,  that  the  said  Bill  do  Pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber,  sent  a  message 
by  the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly  and 

The  General  Assembly  attending  accordingly 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  the  General 
Assembly,  was  pleased  to  give  his  assent  to  Sixteen  Bills  the  Titles  whereof  are  as  follow  viz. 

An  Act  further  to  Continue  An  Act  Entituled  An  Act  for  Granting  to  His  Majesty  the 
several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony 
therein  mentioned. 

An  Act  for  the  Payment  of  the  Salaries  and  services  of  the  several  Officers  of  the  Government 
to  the  first  day  of  September  One  thousand  Seven  hundred  and  Sixty  two. 

An  Act  further  to  Continue  An  Act  entitled  an  Act  for  regulating  the  Militia  of  the  Colony 
of  New  York  together  with  the  several  Acts  therein  mentioned  respecting  the  Regulating  the 
Militia. 

An  Act  further  to  Continue  the  Currency  of  the  Bills  of  Creditt  emitted  by  virtue  of  an  Act 
Entituled  An  Act  for  Emitting  Bills  of  Credit  for  the  Payment  of  the  Debts,  &  for  the  Better 
support  of  the  Government  of  this  Colony  and  other  purposes  therein  mentioned,  passed  in  the 
Eleventh  year  of  his  late  Majesty's  Reign. 

An  Act  to  Regulate  the  Collecting  the  duty  of  Excise  on  Strong  Liquors  retailed  in  this 
Colony  from  the  first  clay  of  January  one  thousand  seven  hundred  and  sixty  two  to  the  first 
day  of  January  one  thousand  seven  hundred  and  sixty  three. 

An  Act  more  Effectually  to  Empower  the  Trustees  of  Fraudulent  and  absconding  Debtors 
appointed  or  to  be  appointed  pursuant  to  An  Act  Entituled  [An  Act  to  prevent  Frauds  in 
Debtors]  to  Exercise  the  Powers  they  are  or  may  be  Invested  with  and  for  more  Effectually 
extending  the  said  Act  to  Creditors  not  residing  within  this  Colony. 

An  Act  to  Empower  Sir  William  Baker  Knight  and  Robert  Charles  Esqr  of  the  City  of  London 
to  receive  the  sum  that  shall  be  allotted  to  this  Colony  by  his  Majesty  out  of  the  sum  of  Two 
hundred  thousand  Pounds  granted  by  Parliament  for  the  Northern  Colonies  for  Defraying  the 
Expence  of  the  Campaign  of  the  year  One  thousand  seven  hundred  and  Sixty. 

An  Act  to  Empower  the  Persons  therein  named  to  recover  and  Collect  the  Arrears  of  the 
Excise  on  Tea  due  on  the  Acts  therein  mentioned. 


1462  Journal  of  the  Legislative  Council  of  New  York.  Rd1^".8.™' 

An  Act  for  the  more  effectual  Prevention  of  Fires  and  for  Regulating  of  Buildings  in  the 
City  of  New  York. 

An  Act  to  Empower  and  Enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York 
for  the  time  being  or  the  Major  part  of  them  to  order  the  Raising  a  Sum  not  Exceeding  Eighteen 
hundred  pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City  for  fixing  of  Lamps 
and  providing  a  Sufficient  Number  of  Watchmen. 

An  Act  to  empower  and  Enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York 
for  the  time  being  or  the  major  part  of  them  to  order  the  raising  a  sum  not  Exceeding  seven 
hundred  pounds  by  a  Tax  on  Estates  Real  and  Personal  in  the  said  City. 

An  Act  to  Amend  An  Act  Entituled  An  Act  for  Regulating  Clearing  and  further  Laying  out 
publick  highways  Throughout  the  City  and  County  of  Albany. 

An  Act  to  enable  the  Supervisors  of  Kings  County  to  raise  the  sum  of  Four  hundred  and 
thirty  one  pounds  due  from  the  said  County  on  the  Act  therein  mentioned. 

An  Act  to  prevent  Transient  Persons  from  selling  Goods  at  Vendue  in  Richmond  County. 

An  Act  to  raise  Levy  and  Collect  the  sum  of  Eighty  seven  pounds  Thirteen  shillings  in  the 
City  and  County  of  New  York  for  services  performed  by  the  Coroner  of  the  said  City  and 
County.  And 

An  Act  for  Naturalizing  Christopher  Tobias,  Andries  Zeegaird,  Jacob  Lowen,  Jury  Lowen, 
George  Snyder,  Johannes  Graeft,  Johannes  Klyne,  George  Cramer,  Christian  Franklin,  Jacob 
Fretz,  Ernst  Fretz,  David  Ehny,  Joachim  George  Ehny,  Henrick  Kerger,  Jacob  Whiteman, 
Casparus  Kock,  Rudolph  Kock,  Albertus  Kock,  Andries  Wiemer  and  George  Wachtel. 

After  which  the  said  sixteen  Acts  were  published  in  the  usual  manner  and  the  Lieutenant 
Governor,  the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber,  His 
Honor  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to  the  Assembly 
Chamber  and  adjourn  the  House  until  Monday  next :  And 

His  Honour  the  Lieutenant  Governor  returned  to  the  Fort. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Monday  next. 


Monday,  the  fourth  day  of  January,  One  thousand  seven  hundred  and  Sixty  two, 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  H.onoWe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  To  Morrow  Morning  Ho  Clock. 


Tuesday,  the  fifth  day  of  January,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1762.]  Cadivallader  Golden,  Esq:  Lieut.  Governor.  1463 

Wednesday,  the  sixth  day  of  January,  1762. 
The  Council  mett  according  to  adjournment. 

PRESENT —  TheHonoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Friday  next  at  11  o  clock  in  the  Morning. 


Friday,  the  eighth  day  of  January,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  Deputy  Secretary  requiring  the  immediate  Attendance  of  the  General  Assembly. 

And  the  General  Assembly  attending  accordingly 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  the  General  Assembly 
was  pleased  to  give  his  Assent  to  the  following  Bill,  viz' 

An  Act  for  the  more  effectual  collecting  of  His  Majesty's  Quit  Rents  in  the  Colony  of  New 
York,  and  for  Partition  of  Lands  in  order  thereto. 

After  which  the  said  Act  was  published  in  the  usual  Manner,  and  the  Lieutenant  Governor, 
the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber,  His  Honour 
the  Lieutenant  Governor  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return 
to  the  Assembly  chamber  and  adjourn  the  House  until  Tuesday  the  sixteenth  day  of  February 
next. 

His  Honour  the  Lieutenant  Governor  then  returned  to  the  Fort. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  directed  the  Speaker  of  the  General  Assembly 
to  adjourn  the  House  until  Tuesday  the  sixteenth  day  of  February  next.  Therefore 

The  Council  adjourned  to  Tuesday  the  said  sixteenth  day  of  February  next. 


t  N.  T.  Col.  MS3.,  XC.,  76. 1 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN,  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  sixteenth 
day  of  February  Instant  I  have  thought  fit  for  his  Majestys  service  to  Prorogue,  and  I  do  by  and 
with  the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  Tuesday 


1464  Journal  of  the  Legislative  Council  of  New  York.  [TthteT?.' 

the  second  day  of  March  next,  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  tenth  day  of  February  1762  in  the  second  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAE  D  Sccry. 

God  save  the  KING. 


TWENTY-NINTH  ASSEMBLY    FOURTH  SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York, 
begun  and  liolden  at  the  City  Hall  in  the  City  of  New  York  on  Tuesday  the  second 
day  of  March  in  the  second  year  of  the  Reign  of  our  Soveraign  Lord  George  the 
Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of 
the  Faitli  and  so  forth,  and  in  the  Year  of  our  Lord  One  thousand  seven  hundred 
and  sixty  two. 

The  General  Assembly  having  on  the  Eighth  day  of  January  last,  by  the  Directions  of  his 
Honour  the  Lieutenant  Governor  been  adjourned  to  Tuesday  the  sixteenth  day  of  February 
following,  and  a  Proclamation  having  been  issued  by  his  Honour  on  the  tenth  day  of  the  said 
Month  of  February  proroguing  the  General  Assembly  to  this  Day,  then  to  meet  to  proceed  on 
Business. 

The  Council  met  accordingly. 

PRESENT  —  The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
BENJAMIN  PRATT,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  third  day  of  March,  1762. 


PRESENT  —  The  HonoWe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON 
OLIVER  DE  LANCET, 
BENJAMIN  PRATT,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Honoble  Cadwallader  Golden  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in 
Chief  of  the  Province  of  New  York,  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  Deputy  Secretary,  requiring  the  immediate  attendance  of  the  General  Assembly  in  the 
Council  Chamber. 


1762.]  OadwaUader  Colden,  Esq  :  Lieut.  Governor.  1465 

The  General  Assembly  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  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. 

His  Honour  the  Lieutenant  Governor  attended  as  usual  then  returned  to  Fort  George. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Honour  the  Lieutenant  Governors  Speech  be  read. 

Then  the  Speech  was  read,  and 

Ordered  to  be  entered  in  the  Minutes,  and  is  as  follows 

Gentlemen  of  the  Council  and  General  Assembly, 

Our  gracious  Sovereign  having  seen  his  good  Dispositions  to  restore  the  publick 
Tranquility,  entirely  frustrated  by  the  Insincerity  and  Chicane  of  the  Court  of  Versailles 
in  the  late  Negotiation,  and  being  determined  to  secure  and  improve  the  important  Advantages, 
acquired  on  this  Continent  in  the  Course  of  the  present  successfull  War,  and  to  reduce 
the  Enemy  to  the  Necessity  of  accepting  a  Peace,  on  Terms  glorious  to  his  Crown  and 
beneficial  in  particular  to  his  Subjects  in  America:  And  considering  that  nothing  can  so 
effectually  contribute  to  these  essential  Objects,  as  his  being  enabled  immediately  to  employ  a 
Part  of  his  regular  Forces,  adequate  to  some  important  Enterprize  against  the  Enemy :  His 
Majesty  therefore,  in  order  the  better  to  provide  for  the  Security  of  his  Dominions,  and 
particularly  his  Conquests  in  North  America,  during  the  Absence  of  his  regular  Troops  so 
employed,  has  been  pleased  to  command  me  earnestly  to  press  you,  to  raise  within  this 
Government  as  soon  as  possible,  at  least  the  same  Number  of  Men  as  the  last  Year,  to  be 
formed  into  Regiments,  and  employed  in  North  America,  under  the  supreme  Command  of  his 
Majesty's  Commander  in  Chief,  in  such  Manner  as  he  shall  judge  most  conducive  to  the  King's 
Service.  All  his  Majesty  requires  on  this  Head  from  the  several  Provinces,  which  are  likewise 
now  called  upon  for  their  respective  Quotas,  is  the  levying,  cloathing,  and  pay  of  the  Men.  His 
Majesty  being  graciously  pleased  not  only  to  provide  the  Officers  the  Rank,  but  the  Troops 
with  Provisions  and  Equipage  as  on  the  former  Campaigns.  And  that  no  Encouragement  may  be 
wanting  to  this  great  and  salutary  Service,  the  King  is  pleased  to  permit  his  Secretary  of  State 
to  acquaint  me,  that  strong  Recommendations  will  be  made  to  Parliament,  to  grant  a  proper 
Compensation,  according  as  the  active  Vigour  and  strenuous  Efforts  of  the  respective  Provinces 
shall  justly  appear  to  merit. 

His  Majesty  having  also  taken  into  his  most  serious  Consideration  how  highly  essential  it  is 
to  the  Interests  and  Security  of  his  Subjects  in  North  America,  that  the  regular  Regiments 
serving  there,  be  recruited  with  all  convenient  Expedition  to  their  full  Compliment  of 
Effectives ;  and  at  the  same  Time  seeing  the  Impracticability  of  compleating  them  from  Great 
Britain;  considering  how  that  Country  is  drained  by  the  great  Number  of  Men  furnished  for  tbe 
various  Services  in  all  Parts  of  the  World,  I  am,  in  Obedience  to  his  Majesty's  Commands, 
likewise  to  recommend  that  you  will  provide  for  the  raising  of  Four  Hundred  and  Seventy 
Nine  Men,  by  granting  the  same  levy  Money  to  these  as  to  the  others,  which  Number  is  the 
Quota  of  this  Province,  agreeable  to  the  Proportions  to  be  furnished  from  the  other  Colonies, 
towards  compleating  the  regular  Regiments  which  have  been  sent  to  America,  for  the 
Defence  and  Protection  of  the  Possessions  of  his  Majesty's  Subjects  there  :  And  as  a  farther 
Encouragement  to  induce  the  Men  to  enter  into  the  regular  Service,  his  Excellency  Sir  Jeffery 
Amherst,  Commander  in  Chief  of  his  Majesty's  Forces,  will  allow  an  additional  Bounty  of  five 
pounds  New  York  Currency,  to  each  Man,  not  under  Eighteen  nor  above  forty  Years  of  Age, 
who  shall  inlist  to  serve  during  the  War,  or  until  the  Regiments  return  to  Europe :  and  to  the 
provincial  Officers,  Forty  Shillings,  like  Money,  for  every  Man  they  shall  inlist  on  the  above 
Conditions,  that  shall  be  approved  of  by  an  Officer  whom  the  General  shall  appoint :  And  to 
render  this  Service  effectual,  it  is  expected  that  the  Colonies  do  also  provide  for  replacing  such 
Men  of  their  respective  Quotas,  as  shall  desert,  which  it  is  conceived  may  be  a  Means  to  prevent 
their  leaving  their  Corps. 

Gentlemen  of  'the  General  Assembly, 

Having  laid  before  you  the  several  Services  which  call  for  your  Aid  at  this  Time,  I  must  ask 
of  you  Supplies  adequate  to  their  Importance  and  Exigency.  Earnestly  recommending  that 
no  Argument  may  have  Weight  in  your  Deliberations,  that  can  have  the  least  Tendency  to  check 
afresh  Exertion  of  your  Abilities,  as  no  expe.ice  can  justly  be  thought  burthensome,  that  is 
necessary  to  secure  to  yourselves,  the  great  Advantages  you  already  enjoy,  and  which  there  is 
now  the  fairest  Prospect  will  be  conformed  and  transmitted  to  your  Posterity  in  a  more 
eminent  Degree,  by  a  solid  and  lasting  Tranquility. 

Gentlemen  of  the  Council  and  General  Assembly, 

Tho'  the  present  Situation  of  Affairs  would  have  fully  justified  the  Requisition  of  as  large  a 
Number  of  Men  as  the  Colonies  have  ever  raised  for  any  of  the  former  Campaigns,  yet  his 

184 


1466  Journal  of  the  Legislative  Council  of  New  York.  [24t'h  se 


Majesty,  desirous  to  ease  the  Burthens  of  his  faithfull  Subjects,  as  far  as  shall  be  consistent  with 
their  own  Safety,  has  been  pleased  to  require  only  the  same  number  of  Men  as  for  the  last  Year, 
in  order  thereby  to  facilitate  the  completing  the  regular  Regiments  by  Recruits  to  be  furnished 
from  the  Provinces  of  North  America,  a  Measure  so  essential,  and  which  the  King  has  so  much 
at  heart,  that  any  Failure  or  Disappointment  therein,  would  be  extremely  disagreeable  to  his 
Majesty,  as  it  must  be  highly  prejudicial  to  his  Service. 

These  Colonies,  so  nearly  concerned  in  the  present  War,  his  Majesty  is  perswaded  from  a  due 
Sense  of  his  tender  and  paternal  Care  for  their  Wellfare,  will  in  Return  shew  a  ready  and 
Chearful  Complyance  with  his  Demands,  in  their  fullest  Extent  ;  And  were  any  thing  further 
necessary  to  animate  your  Zeal  in  this  important  Conjuncture,  which  is  finally  to  fix  the  future 
Safety  and  Welfare  of  America,  and  of  this  Province  in  particular,  I  would  urge  what  I  doubt 
not  you  will  persevere  in,  that  steady  and  spirited  Conduct  of  the  People  of  this  Colony  at  all 
Times,  when  called  on  in  the  Prosecution  of  this  War:  A  Conduct  which  highly  approves  them 
to  their  Sovereign,  and  while  it  reflects  Honour  on  themselves,  must  endear  them  to  their  Mother 
Country  :  Confident  that  actuated  by  the  same  Principles,  and  influenced  by  Considerations  so 
powerful  and  interesting,  your  Loyalty  and  Zeal  will  be  equally  ardent  and  conspicuous,  when 
your  Resolutions  must  be  so  essential  to  that  desireable  Object,  of  reducing  the  Enemy  to  the 
Necessity  of  accepting  a  Peace,  on  Terms  of  Glory  and  Advantage  to  his  Majesty's  Crown,  and 
beneficial  to  his  People. 

Fort  George  New  York  CADWALLADER  COLDEN. 

3d  March  1762. 

Ordered,  that  his  Honour  the  Lieutenant  Governors  Speech  be  forthwith  printed. 

Mr  Smith  then  moved  that  an  humble  Address  might  be  presented  by  this  House  to  his 
Honour  the  Lieutenant  Governor  in  answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  by  this  House  accordingly. 

Ordered,  that  Mr  Smith,  Mr  Watts  and  Mr  Prat  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  draft  of  the  said  Address,  and  that  they  lay  the  same  before  this  House 
on  Friday  next. 

The  Council  adjourned  till  Friday  Morning  11  o  clock. 


Friday,  the  fifth  day  of  March,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoWe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
BENJAMIN  PRAT,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Smith  from  the  Committee  appointed  to  prepare  the  draft  of  an  humble  Address  to  be 
presented  by  this  House  to  his  Honour  the  Lieutenant  Governor,  Reported  that  the  Committee 
had  prepared  the  draft  of  an  Address  accordingly,  which  he  read  in  his  place,  and  then 
delivered  the  same  in  at  the  Table,  where  the  same  was  again  read,  and  being  agreed  to  was 

Ordered  to  be  Engrossed. 

The  Engrossed  Address  to  his  Honour  the  Lieutenant  Governor  was  read. 

Ordered,  that  the  Speaker  do  sign  the  said  Address  in  behalf  of  this  House,  who  having  signed 
the  same  accordingly. 

Ordered,  that  Mr  Chambers  and  Mr  Smith  do  wait  on  his  Honour  the  Lieutenant  Governor, 
and  desire  to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  Address. 

The  said  Gentlemen  being  returned  Reported  that  they  had  waited  on  his  Honour  the 
Lieutenant  Governor,  and  delivered  the  said  Message,  and  that  he  was  pleased  to  say,  he 
would  receive  the  Address  of  this  House  to  morrow  morning  at  11  o  Clock  in  the  Council 
chamber  in  Fort  George. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1762.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1467 

Saturday,  the  sixth  day  of  March,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  went  to  Fort  George  to  present  the  humble  Address  of  this  House  to  his 
Honour  the  Lieutenant  Governor  and  being  Returned 

The  Speaker  resumed  the  Chair  and 

Reported  that  the  House  having  attended  his  Honour  the  Lieutenant  Governor,  and  presented 
to  him  the  humble  Address  of  this  House,  His  Honour  had  been  pleased  to  return  a  favourable 
Answer  thereto,  which  he  delivered  in  at  the  Table,  where  the  same  was  read. 

Ordered,  that  the  said  Address  and  Answer  be  entered  in  the  Minutes  of  this  House,  which 
are  as  follow,  viz 

To  the  Honoble  CADWALLADER  GOLDEN  Esquire  His  Majesty's  Lieutenant  Governor  and 
Commander  in  Chief  of  the  Province  of  New  York  and  the  Territories  depending 
thereon  in  America. 

The  Humble  ADDRESS  of  the  Council  of  His  Majesty's  Province  of  New  York. 

May  it  please  your  Honour, 

The  Council  beg  leave  to  return  you  their  Hearty  thanks  for  your  Speech  at  the  opening  of 
the  Session. 

Affected  with  the  most  lively  sense  of  his  Majesty's  Paternal  care  and  goodness,  we  behold 
with  the  highest  satisfaction,  that  Fordtude  of  Mind,  discernable  in  the  vigorous  measures, 
which  his  Majesty,  frustrated  in  his  good  dispositions  to  restore  the  public  Tranquility,  finds 
necessary  to  vindicate  the  Honour  of  his  Crown  and  the  Rights  of  his  Subjects. 

The  Example  of  our  Mother  Country  in  that  animated  exertion  of  her  strength  and  abilities, 
remarkably  conspicuous  in  the  Course  of  the  present  War,  we  are  perswaded  will  continue  to 
influence  the  Conduct  of  all  his  Majestys  Subjects  in  America,  and  inspire  them  with  a  Spirit 
and  Firmness  in  their  Resolutions,  inseparable  from  a  distinguish'd  Loyalty  to  their  Sovereign, 
and  a  proper  sense  of  the  true  Interest  of  his  Majesty's  Kingdoms  and  Colonies. 

Steadfast  in  these  sentiments,  and  unalterable  in  our  attachment  to  his  Majesty's  Person  and 
Government,  your  Honour  may  be  assured,  that  our  Conduct  will  correspond  with  your  own 
Zeal  for  the  King's  Service  in  this  truly  important  Conjuncture,  when  a  ready  and  chearful 
compliance  with  his  Majesty's  Requisition  of  this  his  faithful  Colony,  in  its  fullest  extent,  is 
evidently  necessary  to  reduce  the  Enemy  to  accept  a  Peace  on  Terms  of  Glory  and  Advantage 
to  his  Majesty's  Crown,  and  beneficial  to  his  People. 

By  order  of  the  Council 

City  of  New  York  DAN  HORSMANDEN,  Speaker. 

5th  March  1762. 

To  which  his  Honour  was  pleased  to  return  the  following  Answer 

Gentlemen, 

This  Address  demands  my  particular  thanks  The  most  ardent  Zeal  for  the  King's  Service, 
hath  at  all  Times  actuated  his  Majesty's  Council,  but  when  perfect  unanimity,  and  vigorous 
Resolutions  in  all  the  Colonies  are  so  essentially  necessary  as  at  present :  Sentiments  Loyal  and 
Dutiful  as  those,  must  be  highly  acceptable  to  his  Majesty. 

Fort  George,  New  York  CADWALLADER  GOLDEN. 

6th  March  1762. 

Ordered  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Tuesday  the  sixteenth  Instant,  at  11  o  clock  in  the  Morning. 


1468  Journal  of  the  Legislative  Council  of  New  York. 

Tuesday,  the  sixteenth  day  of  March,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUi  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCEY, 
BENJAMIN  PRATT,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Henry  Livingston  and  Captain  Seaman  with 
the  Bill  Entituled  [An  Act  for  dividing  Crom  Elbow  precinct  in  Dutches  County  in  two 
Precincts,  to  be  called  Charlotte  and  Amenia]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Groot  with  the  Bill  Entituled 
[An  Act  to  raise  the  Sum  of  two  hundred  Pounds  to  finish  and  compleat  the  Court  House  and 
Goal  in  the  City  of  Albany]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Boerurn  with  the  Bill  Entituled 
[An  Act  to  raise  levy  and  collect  a  sum  not  exceeding  five  hundred  Pounds  in  the  County  of 
Westchester  towards  finishing  the  Court  House  and  Goal  in  the  said  County]  desiring  the 
Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  three  Bills  be  read. 

Then  the  said  Bills  were  severally  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  IIth  day  of  March,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCEY, 
BENJAMIN  PRAT,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  dividing  Crom  Elbow  Precinct  in  Dutches  County  in  two 
Precincts  to  be  called  Charlotte  and  Amenia]  was  read  the  second  Time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  raise  the  Sum  of  two  hundred  Pounds  to  finish  and  compleat 
the  Court  House  and  Goal  in  the  City  of  Albany]  was  read  the  second  Time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  raise  levy  and  collect  a  Sum  not  exceeding  five  hundred 
Pounds  in  the  County  of  Westchester  towards  finishing  the  Court  House  and  Goal  in  the  said 
County]  was  read  the  second  Time  & 

Ordered  to  be  committed. 

Mr  Walter  moved  that  a  Bill  which  he  held  in  his  Hand  Entituled  [An  Act  for  the  more  speedy 
Determining  of  Law  Suits,  and  the  better  regulating  the  Practice  of  the  Law]  might  be  read. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  & 

Ordered  a  second  Reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1762.]  Cadwallader  Colden,  Esq:  Lieut.  Governor.  1469 

Thursday,  the  eighteenth  day  of  March,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Colonel  Seaman  with  the  Bill 
Entituled  [An  Act  for  levying  paying  and  cloathing  One  thousand  seven  hundred  and  eighty 
seven  effective  Men,  officers  included,  to  be  employed  in  North  America,  for  securing  his 
Majestys  Conquests  there,  and  for  other  Purposes  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Major  Lispenard  with  the  Bill 
Entituled  [An  Act  directing  the  Treasurer  of  this  Colony  to  pay  the  Commander  in  Chief  of 
all  his  Majesty's  Forces  in  North  America,  the  Sum  of  Four  thousand  seven  hundred  and  ninety 
Pounds  for  his  Majesty's  Service,  to  be  repaid  when  his  Majesty  shall  think  proper]  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  itself  into  a  committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  dividing  Crom  Elbow  Precinct  in  Dutches  County  in  two  Precincts,  to  be  called 
Charlotte  &  Amenia]  and  after  some  time  spent  therein 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  raise  the  sum  of  Two  hundred  pounds  to  finish  and  Compleat  the  Court  House  and  Goal 
in  the  City  of  Albany]  and  after  some  time  spent  therein, 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  raise  levy  and  Collect  a  sum  not  exceeding  Five  hundred  pounds  in  the  County  of 
Westchester,  towards  finishing  the  Court  House  and  Goal  in  the  said  County]  and  after  some 
time  spent  therein, 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 
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. 


1470  Journal  of  the  Legislative  Council  of  New  York. 


psom. 
.ess'n. 


Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  for  the  more  speedy  determining  of  Law  Suits,  and  the  better 
regulating  the  practice  of  the  Laws]  was  read  the  second  Time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  nineteenth  day  of  March,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
OLIVER  DE  LANCET, 
BENJAMIN  PRAT,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Wisner  and  Colonel  Haasbrouck  with  the  Bill 
Entituled  [An  Act  to  explain  part  of  An  Act  entitled  An  Act  for  the  more  effectual  collecting 
of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York  and  for  Partition  of  Lands  in  order 
thereto]  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. 

A  Message  from  the  General  Assembly  by  Mr  Groot  and  Mr  Bruyn  with  the  Bill  Entituled  [An 
Act  for  confirming  the  Estates  and  Possessions  and  for  setting  the  Disputes  now  subsisting  in 
the  Township  of  Schenectady]  desiring  the  Concurrence  of  the  Council  thereto. 

The  Bill  Entituled  [An  Act  for  levying  paying  and  cloathing  One  thousand  seven  hundred 
and  eighty  seven  effective  Men  Officers  included,  to  be  employed  in  North  America  for  securing 
his  Majesty's  Conquests  there  and  for  other  Purposes  therein  mentioned]  was  read  the  second 
Time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  Time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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. 

The  Bill  Entituled  [An  Act  directing  the  Treasurer  of  this  Colony  to  pay  the  Commander  in 
Chief  of  all  His  Majesty's  Forces  in  North  America,  the  sum  of  Four  thousand  seven  hundred 
and  Ninety  Pounds  for  his  Majesty's  Service  to  be  repaid  when  his  Majesty  shall  think  proper] 
was  read  the  second  Time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  house  on  the  said  Bill,  and  after 
some  Time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  last  mentioned  without  any  Amendment. 

The  Council  adjourned  till  3  o  clock  in  the  afternoon. 


1762.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1471 

Friday,  the  nineteenth  day  of  March,  1762.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  H.onom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
OLIVER  DE  LANCEY, 
BENJAMIN  PRATT,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  explain  part  of  An  Act  Entituled  An  Act  for  the  more 
effectual  collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York,  and  for  Partition 
of  Lands  in  order  thereto]  was  read  the  second  time  and 

Ordered,  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Captain  Seaman  with  the  Bill 
Entituled  [An  Act  for  paying  several  Persons  for  billetting  the  Forces  raised  by  this  Colony  for 
the  Campaign  of  the  year  one  thousand  seven  hundred  and  sixty]  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. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Groot  with  the  Bill  Entituled 
[An  Act  for  Naturalizing  Seventy  Eight  Persons  therein  named]  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  till  to  Morrow  Morning  10  o'Clock. 


Saturday,  the  Twentieth  day  of  March,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobl6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
BENJAMIN  PRATT,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  Explain  part  of  An  Act  Entitled  An  Act  for  the  more  effectual  Collecting  of  his 
Majesty's  Quit  rents  in  the  Colony  of  New  York  and  for  Partition  of  Lands  in  order  thereto] 
and  after  some  time  spent  therein, 

Mr  Watts  from  the  Committee  of  the  whole  house  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. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

Ordered,  that  the  Bill  Entituled  [An  Act  for  paying  several  Persons  for  billetting  the  Forces 
raised  by  this  Colony  fort  he  Campaign  of  the  year  One  thousand  seven  hundred  and  sixty]  be 
read  the  second  time. 

Then  the  said  Bill  was  read  the  second  Time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 


1472  Journal  of  the  Legislative  Council  of  New  York. 


The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  Time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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  Bill  Entituled  [An  Act  for  naturalizing  seventy  eight  Persons  therein 
named]  be  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  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  Time  spent  therein 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber,  sent  a  Message  by 
the  deputy  Secretary,  requiring  the  immediate  attendance  of  the  General  Assembly. 

And  the  General  Assembly  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  the  General  Assembly 
was  pleased  to  give  his  assent  to  eight  Bills  the  Titles  whereof  are  as  follow  viz 

An  Act  for  levying  paying  and  Cloathing  one  thousand  seven  hundred  and  Eighty  seven 
Effective  Men,  Officers  Included,  to  be  employed  in  North  America,  for  securing  his  Majesty's 
Conquests  there,  and  for  other  purposes  therein  mentioned. 

An  Act  directing  the  Treasurer  of  this  Colony  to  pay  the  Commander  in  Chief  of  all  his 
Majesty's  Forces  in  North  America,  the  sum  of  Four  thousand  seven  hundred  and  ninety  pounds, 
for  his  Majesty's  Service,  to  be  repaid  when  his  Majesty  shall  think  proper. 

An  Act  to  explain  part  of  an  Act  entitled  An  Act  for  the  more  effectual  Collecting  of  his 
Majesty's  Quit  rents  in  the  Colony  of  New  York,  and  for  partition  of  Lands  in  order  thereto. 

An  Act  for  dividing  Crom  Elbow  Precinct  in  Dutches  County  in  two  Precincts  to  be  called 
Charlotte  and  Amenia. 

An  Act  to  raise  the  sum  of  two  hundred  pounds  to  finish  and  compleat  the  Court  House  and 
Goal  in  the  City  of  Albany. 

An  Act  to  raise  levy  and  Collect  a  sum  not  Exceeding  five  hundred  pounds  in  the  County  of 
West  Chester,  towards  finishing  the  Court  house  and  Goal  in  the  said  County. 

An  Act  for  paying  several  persons  for  billetting  the  Forces  raised  by  this  Colony,  for  the 
Campaign  of  tlie  year  one  thousand  seven  hundred  and  sixty.  And 

An  Act  for  naturalizing  seventy  Eight  Persons  therein  named. 

After  which  the  said  Acts  were  Published  in  the  usual  manner,  And  the  Lieutenant  Governor, 
the  Council,  and  the  General  Assembly  being  returned  to  the  Council  Chamber,  His  Honour 
the  Lieutenant  Governor,  was  pleased  to  direct  the  Speaker  of  the  General  Assembly,  to  return 
to  the  Assembly  Chamber,  and  adjourn  the  House  until  Tuesday  the  thirteenth  day  of  April 
next. 

His  Honour  the  Lieutenant  Governor  then  returned  to  the  Fort. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  directed  the  Speaker  of  the  General  Assembly 
to  adjourn  the  House  until  Tuesday  the  Thirteenth  day  of  April  Next,  Therefore 

The  Council  adjourned  to  Tuesday  the  said  thirteenth  day  of  April  next. 


1762.]  Cadwallader  Golden,  Esq :  Lieut.  Governoi'.  1473 

[N1.  Y.  Col.  MSS.  XC.,  109.1 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and   Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  this  day  I  have 
thought  fit  for  his  Majesty's  Service  to  adjourn  and  I  do  by  and  with  the  Advice  of  his  Majesty's 
Council  adjourn  the  said  General  Assembly  to  Tuesday  the  fourth  day  of  May  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  Nero  York 
the  thirteenth  day   of  April    17G2   in  the  second  year  of  the    Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
•  France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command, 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


[IT.  T.  Col,  MSS.,  XC.,  118.] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esqr  His  Majesty's  Lieutenant   Governor   and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  fourth 
day  of  May  next:  I  have  thought  fit  with  the  advice  of  his  Majesty's  Council  to  ordain  and 
appoint,  and  I  do  hereby  ordain  and  appoint  that  the  said  General  Assembly  do  meet  on  the 
said  fourth  day  of  May  in  order  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  nineteenth  day  of  April  1762  in  the  second  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honor's  Command 

God  save  the  KING. 


Tuesday,  the  4"'  Day  of  May,  1762.     P.  M. 

The  General  Assembly  having  on  the  twenty  sixth  Day  of  March  last,  adjourned  to  Tuesday 
the  thirteenth  Day  of  April  following :  And  his  Honour  the  Lieutenant  Governor  having  on 
that  Day  by  Proclamation  further  adjourned  the  General  Assembly  to  this  Day,  then  to  meet 
to  proceed  on  Business. 

The  Council  met  accordingly. 

PRESENT — The  Honob!e  JOHN  CHAMBERS,  Esqr,  Speaker, 

WILLIAM  SMITH, 
BENJAMIN  PRAT,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Honour  the  Lieutenant 
Governor. 

185 


1474  Journal  of  the  Legislative  Council  of  New  York.  [2ft£ 

Ordered,  that  the  said  Message  be  read. 

Then  the  said  Message  was  read,  and 

Ordered  to  be  entered  in  the  Minutes,  and  is  in  the  words  following 

Gentlemen, 

The  Declaration  of  War  with  Spain,  so  immediately  succeeding  his  Majesty's  late  Requisition 
of  these  Colonies,  shews  in  a  pointed  Light,  with  what  Propriety  the  King  might  have  expected 
an  exertion  on  their  Part,  equal  to  their  Efforts  in  any  proceeding  Year;  tho'  he  graciously 
condescended,  in  ease  to  his  faithful  Subjects,  to  moderate  the  Demand  of  Provincial  Levies, 
to  two  thirds  of  the  Number  formerly  raised. 

That  his  Majesty's  Designs  against  the  Enemy  may  not  be  retarded  or  disappointed,  I  am 
commanded  to  compleat  the  Forces  provided  for,  as  early  as  possible.  Every  Thing  in  my 
Power  conducive  to  that  End,  I  have  done ;  and  it  is  with  real  Concern  I  find  my  Endeavours 
less  effectual  than  those  of  the  neighbouring  Governments,  who  have  I  am  informed,  completed 
their  Numbers,  while  the  Quota  of  this  Province,  generally  first  in  the  Field,  appears  by  the 
Returns  to  be  greatly  deficient.  So  unusual  a  Backwardness  is  I  apprehend  solely  to  be 
imputed  to  the  Reduction  of  the  Bounty  from  Fifteen  to  the  Sum  of  Ten  Pounds. 

Your  Meeting  therefore,  became  indispensibly  necessary,  to  remove  the  Difficulties  this 
essential  Service  labours  under.  There  are  many  dispersed  throughout  the  Province,  who  after 
receiving  the  publick  Bounty,  deserted  in  the  former  Campaigns  ;  It  is  but  just  in  the  present 
Emergency,  to  oblige  these  to  inlist ;  and  I  conceive,  it  would  be  of  great  Utility  to  impress  all 
others,  who  having  no  visible  Imployment  or  Means  of  Subsistence,  are  a  Burthen  and  even 
dangerous  to  the  Community. 

I  recommend  this  only  as  an  Expedient  that  may  make  the  Duty  fall  less  heavy  on  more 
useful  Members.  And  when  you  reflect  that  the  further  Operations  of  his  Majesty's  Arms,  are 
absolutely  necessary  to  secure  the  Advantages  of  a  War  hitherto  extensively  successful,  I  can 
have  no  doubt  of  your  exerting  the  utmost  Efforts  to  effectuate  a  Measure,  with  which  the 
Honour  of  his  Majesty,  and  the  Reputation  and  Safety  of  the  Colony  are  so  nearly  connected. 
Fort  George  New  York  CADWALLADER  COLDEN. 

4th  May  1762. 


The  Council  adjourned  till  Thursday  Morning  11  o  clock. 

Thursday,  the  Sixth  Day  of  May,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honobl*  JOHN  CHAMBERS,  Esqr,  Speaker, 

WILLIAM  SMITH, 
BENJAMIN  PRATT,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Miller  with  the  Bill  Entituled 
[An  Act  for  raising  the  Sum  of  Three  thousand  Pounds  by  way  of  Lottery  towards  repairing 
the  City  Hall  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  ye  first  Time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Cornel  with  the  Bill  Entituled 
[An  Act  to  make  Trespasses  committed  on  Sandy  Hook  in  the  Colony  of  New  Jersey  actionable 
in  this  Colony,  and  for  other  purposes  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  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  three  o  Clock  in  the  Afternoon. 


1762.]  Cadwallader  Coldcn,  Esq:  Lieut.  Governor.  1475 

Thursday,  the  Sixth  Day  of  May,  1762. 
The  Council  met  according  to  adjournment. 

PKESENT —  The  HonoUe  JOHN  CHAMBERS,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
BENJAMIN  PRATT,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  make  Trespasses  comrnitted  on  Sandy  Hook  in  the  Colony  of 
New  Jersey  actionable  in  this  Colony  and  for  other  Purposes  therein  mentioned]  was  read  the 
second  Time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  for  raising  the  Sum  of  Three  thousand  Pounds  by  way  of  Lottery 
towards  repairing  the  City  Hall  in  the  City  of  New  York]  was  read  the  second  Time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  last  mentioned 
Bill,  and  after  some  Time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber,  sent  a  Message  by 
the  deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly 

And  the  General  Assembly  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  the  General 
Assembly  was  pleased  to  give  his  Assent  to  the  following  Bill  viz1 

An  Act  for  raising  the  Sum  of  three  thousand  Pounds  by  way  of  Lottery  towards  repairing 
the  City  Hall  in  the  City  of  New  York. 

After  which  the  said  Act  was  published  in  the  usual  Manner,  And  the  Lieutenant  Governor, 
the  Council,  and  the  General  Assembly,  being  returned  to  the  Council  Chamber,  His  Honour 
the  Lieutenant  Governor  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return 
to  the  Assembly  Chamber,  and  adjourn  the  House  until  Tuesday  the  Eighteenth  Day  of  May 
Instant,  then  to  meet  again  to  proceed  on  Business. 

His  Honour  the  Lieutenant  Governor  then  returned  to  the  Fort. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  directed  the  Speaker  of  the  General  Assembly 
to  adjourn  the  House  until  Tuesday  the  Eighteenth  Instant. 

The  Council  adjourned  to  Tuesday  the  eighteenth  day  of  May  Instant  at  11  o'Clock  in  the 
Morning. 


Tuesday,  the  eighteenth  Day  of  May,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  CHAMBERS,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Honour  the  Lieutenant 
Governor. 


1476  Journal  of  the  Legislative  Council  of  New  York. 

Ordered,  that  the  said  Message  be  read. 

Then  the  said  Message  was  read  and 

Ordered  to  be  entered  in  the  Minutes,  and  is  in  the  words  following 

Gentlemen, 

From  a  general  Return  of  the  Inlistments  now  lay'd  before  you,  it  appears  there  are  still  wanting 
four  hundred  and  thirty  six  Men,  to  complete  the  Quota  provided  for,  exclusive  of  what  may 
be  short  at  Oswego  ;  If  to  these,  we  add  the  Difference  between  the  Numbers  inlisted,  and 
those  who  pass  Muster,  which  will  probably  be  greater  than  usual,  the  Deficiency  is  too 
considerable,  and  the  publick  Service  too  pressing,  not  to  require  the  most  speedy  Provision. 

It  is  evident  the  present  War  with  France,  took  its  Rise  from  a  determined  Resolution  to 
restrain  her  unjust  Encroachments  on  these  Colonies.  The  principal  Operations  have  ever 
since  been  conducted  with  an  immediate  View  to  their  Safety  ;  and  the  same  gracious  Purpose 
is  manifested  in  the  spirited  Measures  his  Majesty  is  pursuing  at  this  Time.  While  we  must  be 
gratefully  sensible  that  the  chief  Burthen  of  the  Expence  hath  fallen  upon,  and  is  still 
chearfully  supported  by  Great-Britain,  although  now  highly  augmented  by  a  new  Rupture,  in 
which  we  are  involved  through  the  Arrogance  and  Jealousy  of  the  Spaniards  ;  who,  impatient 
of  the  many  important  Acquisitions  of  his  Majesty's  Arms  in  America,  propose  by  the  Addition 
of  their  Weight  to  turn  the  Scale,  and  prevent  the  salutary  Effects  we  had  Reason  to  expect 
from  a  Series  of  Victories  and  Conquests :  With  what  Justice  then  does  the  King  require  an 
Aid  so  reasonable  and  necessary  from  his  faithful  Colonies,  and  how  great  will  be  his 
Disappointment,  if  when  the  Mother  Country  is  exerting  her  utmost  Strength,  they  should  not 
in  Imitation  of  their  great  Example,  do  every  Thing  in  their  Power,  towards  the  Success  of 
Measures,  essential  to  their  own  future  Happiness  and  Security :  I  therefore  earnestly 
recommend,  that  you  will  now  effectually  enable  me,  without  Loss  of  Time  to  complete  the 
Levies  ;  lest  after  the  most  signal  Proofs  of  Loyalty,  you  should  expose  yourselves  to  Reproach, 
by  slackening  your  Zeal  for  the  common  Good  at  this  important  Conjuncture. 
Fort  George  New  York  CADWALLADER  COLDEN. 

18th  May  1762. 

The  Council  adjourned  til  Thursday  next  at  3  o  Clock  in  the  Afternoon. 


Thursday,  the  twentieth  day  of  May,  1762. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Bayard  with  the  Bill  Entituled 
[An  Act  for  apprehending  Deserters  from  his  Majesty's  Service  in  the  Pay  of  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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  themselves  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled 
[An  Act  to  make  Trespasses  committed  on  Sandy  Hook  in  the  Colony  of  New  Jersey  actionable 
in  this  Colony,  and  for  other  Purposes  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1762.]  Cadwallader  Golden,  Esq  :  Lieut  Governor.  1477 

Friday,  the  twenty  ffrst  day  of  May,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honor>le  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  make  Trespasses  committed  on  Sandy  Hook  in  the  Colony  of 
New  Jersey  actionable  in  this  Colony  and  for  other  Purposes  therein  mentioned]  was  read  the 
third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  Pass. 

The  Bill  Entituled  [An  Act  for  apprehending  deserters  from  his  Majesty's  Service  in  the  Pay 
of  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  Time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Council  adjourned  til  tomorrow  Morning  11  o  clock. 


Saturday,  the  twenty  second  day  of  May,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber,  sent  a  Message  by 
the  Deputy  Secretary,  requiring  the  immediate  attendance  of  the  General  Assembly. 

And  the  General  Assembly  attending  accordingly, 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  the  General 
Assembly,  was  pleased  to  give  his  assent  to  the  two  following  Bills  viz' 

An  Act  for  apprehending  Deserters  from  his  Majesty's  Service  in  the  Pay  of  this  Colony. 

An  Act  to  make  Trespasses  committed  on  Sandy  Hook  in  the  Colony  of  New  Jersey 
actionable  in  this  Colony  and  for  other  Purposes  therein  mentioned. 

After  which  the  said  two  Acts  were  published,  and  the  Lieutenant  Governor,  the  Council 
and  the  General  Assembly  being  returned  to  the  Council  Chamber, 

His  Honour  the  Lieutenant  Governor  was  pleased  to  direct  the  Speaker  of  the  General 
Assembly  to  return  to  the  Assembly  Chamber  and  adjourn  the  House  to  Tuesday  the  fifteenth 
day  of  June  next. 

His  Honour  the  Lieutenant  Governor  then  returned  to  the  Fort. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  directed  the  Speaker  of  the  General  Assembly 
to  adjourn  the  House  until  Tuesday  the  fifteenth  day  of  June  next 

The  Council  adjourned  to  the  said  fifteenth  day  of  June  next. 


1478  Journal  of  the  Legislative  Council  of  New  York. 


[N.  Y.  Col.MS8.,SCI.,  6.] 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Adjourned  to  Tuesday  the  fifteenth 
day  of  June  Instant  I  have  thought  fit  for  his  Majestys  service  to  Prorogue,  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  Prorogue  the  said  General  Assembly  to  Tuesday  the 
thirteenth  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  eleventh  day  of  June  1762  in  the  second  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


[N.  Y.  Col.  MSB.,  XCI.,  31.] 

% 

BY  HIS  EXCELLENCY 

The  Honourable  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over 
(L.  s.)    the  Province  of  New  York  and  the  Territories  depending  thereon  in  America  Vice 
Admiral  of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  thirteenth 
day  of  July  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to  Tuesday  the 
twenty  seventh  day  of  July  Instant  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  seventh  day  of  July  1762  in  the  second  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  his  Excellency's  Command, 

Gw  BANYAR  D.  Sccry. 

God  save  the  KING. 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1479 

[N.  T.  Col.  MSB.,  XCL,  37.] 

BY  His  EXCELLENCY 

The  Honourable  ROBEBT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over 
(L.  s.)    the  Province  of  New  York  and  the  Territories  depending  thereon  in  America  Vice 
Admiral  of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  twenty 
seventh  day  of  July  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I  do 
by  and  with  the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly 
to  Tuesday  the  Tenth  day  of  August  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  twenty  first  day  of  July  17G2  in  the  second  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


[N.  Y.  Col.  MSB.,  XCI.,  47.) 

BY  HIS  EXCELLENCY 

The  Honourable  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over 
(L.  s.)    the  Province  of  New  York  and  the  Territories  depending  thereon  in  America  Vice 
Admiral  of  the  same  and  Major  General  of  His  Majestys  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  Tenth 
day  of  August  Instant  I  have  thought  fit  for  His  Majesty's  Service  to  Prorogue,  and  I  do  by  and 
with  the  Advice  of  His  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to 
Tuesday  the  twenty  fourth  day  of  August  Instant  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  August  1762  in  the  second  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


1480  Journal  of  the  Legislative  Council  of  New  York. 


[N.  T.  Col.  MSB.,  XCI.,  53.] 

BY  His  EXCELLENCY 

The  Honourable  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over 
(L.  S.)    the  Province  of  New   York,  and  the  Territories  depending  thereon  in  America,  Vice 
Admiral  of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  Twenty 
fourth  day  of  August  Instant,  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue ;  and  I  do 
by  and  with  the  Advice  of  His  Majesty's  Council  farther  Prorogue  the  said  General  Assembly 
to  Tuesday  the  seventh  day  of  September  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  eighteenth  day  of  August  1762  in  the  second  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAE  D  Secry 

God  save  the  KING. 


t  N.  T.  Col.  MSB.,  XCI.,  60.] 

BY  His  EXCELLENCY 

The  Honoble  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  Vice  Admiral 
of  the  same  and  Major  General  of  His  Majesty's  Forces 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  seventh 
day  of  September  Instant;  I  have  thought  fit  for  His  Majesty's  service  to  Prorogue,  and  I  do  by 
and  with  the  advice  of  His  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to 
Tuesday  the  twvnly  first  day  of  September  ;  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  first  day  of  September  1762  in  the  second  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain, 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROB1  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Secry 

God  save  the  KING. 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1481 


[N.  T.  Col.  MSB.,  XCI.,  64.) 

BY  His  EXCELLENCY 

The  Honoble  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over  the 
,  >  Province  of  New  York  and  the  Territories  depending  thereon  in  America  Vice  Admiral 
'L<  '  of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  twenty 

first  day  of  September  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do 

by  and  with  the  Advice  of  His  Majesty's  Council  further  Prorogue  the  said  General  Assembly 

to  Tuesday  the  fifth  day  of  October  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  fifteenth  day  of  September  1762  in  the  second  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  (of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excelle?ic>j's  Command 

Gw  BANYAR  D  Sccry 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCI.,  71.] 

BY  His  EXCELLENCY 

The  Honoble  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  Vice  Admiral 
of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  fifth 
day  of  October  next  I  have  thought  fit  for  His  Majesty's  Service  to  Prorogue,  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to  Tuesday 
the  nineteenth  day  of  October  next,  Of  which  all  His  Majestys  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  1762  in  the  second  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


186 


1482  Journal  of  the  Legislative  Council  of  New  York. 


[IT.  Y.  Col.  MSB.,  XCI.,  86.] 

BY  His  EXCELLENCY 

The  Honoble  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New    York,   and  the   Territories  depending   thereon  in   America,   Vice 
Admiral  of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the 
nineteenth  day  of  October  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I 
do  by  and  with  the  advice  of  His  Majesty's  Council  farther  Prorogue  the  said  General  Assembly 
to  Tuesday  the  Ninth  day  of  November  next ;  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  thirteenth  day  of  October  1762  in  the  second  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  Grace  of  God  of  Great  Britain  France 
and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BAN  YAK  D  Secry. 

God  save  the  KING. 


[N.Y.  Col.  MSS.,  XCI.,92.] 

BY  His  EXCELLENCY 

The  Honoble  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  arid  over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  Vice  Admiral 
of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  fit  for  his  Majestys  service  to  Prorogue  and  I  do  by  and  with  the  Advice  of  His 
Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  Tuesday  the  Sixteenth  day  of 
November  Instant;  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  ninth  day  of  November  1762  in  the  third  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1483 

TWENTY-NINTH  ASSEMBLY     FIFTH  SESSION 


At  a  Session  of  the  Governor  Council  and  General  Assembly  of  the  Province  o/~New 
York  begun  and  holden  at  the  City  Hall  in  the  City  of  New  York  on  Tuesday  the 
sixteenth  day  of  November  in  the  third  year  of  the  Reign  of  our  Soveraign  Lord 
George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth,  and  in  the  year  of  our  Loi'd  one  thousand  seven 
hundred  and  sixty  two. 

The  General  Assembly  having  on  the  twenty  second  Day  of  May  last  by  the  Directions  of 
his  Honour  the  Lieutenant  Governor  been  adjourned  to  Tuesday  the  fifteenth  day  of  June 
following.  His  Honour  was  pleased  by  Proclamation  on  the  eleventh  day  of  the  said  Month  of 
June  to  prorogue  the  General  Assembly  to  Tuesday  the  thirteenth  Day  of  July.  After  which 
Proclamation,  they  were  further  prorogued  by  sundry  Proclamations  issued  by  his  Excellency 
the  Honourable  Robert  Monckton  Captain  General  and  Governor  in  Chief  in  and  over  the  province 
of  New  York  and  the  Territories  depending  thereon  in  America  Vice  Admiral  of  the  same  and 
Major  General  of  His  Majestys  Forces  on  and  to  the  Times  following.  On  the  seventh  day  of 
July,  to  the  twenty  seventh  day  of  the  same  Month.  On  the  twenty  first  day  of  July  to  the 
tenth  day  of  August.  On  the  last  mentioned  Day  to  the  twenty  fourth  day  of  August.  On 
the  eighteenth  day  of  August  to  the  seventh  day  of  September.  On  the  first  day  of  September 
to  the  twenty  first  day  of  the  same  Month.  On  the  fifteenth  day  of  September  to  the  fifth  day 
of  October.  On  the  twenty  ninth  day  of  September  to  the  nineteenth  day  of  October.  On  the 
thirteenth  day  of  October  to  the  ninth  day  of  November.  And  on  the  Ninth  day  of  November 
to  this  Day  then  to  meet  to  proceed  on  Business. 

The  Council  met  accordingly. 

PRESENT  —  The  Honourable  JOHN  CHAMBERS,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
BENJAMIN  PRATT,  Esquires, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

His  Excellency  the  Honourable  Robert  Monckton  Captain  General  and  Governor  in  Chief  of 
the  Province  of  New  York,  being  come  to  the  Council  Chamber  sent  a  Message  by  the  Deputy 
Secretary  requiring  the  immediate  attendance  of  the  General  Assembly  in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly. 

His  Excellency  the  Governor  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. 

His  Excellency  attended  as  usual  then  returned  to  Fort  George. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  His  Excellency s  Speech  be  Read. 

Then  the  speech  was  Read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows 

Gentlemen  of  the  Council  and  General  Assembly, 

I  Have  the  great  Happiness  to  congratulate  you  on  the  auspicious  Birth  of  a  Prince.  An 
Event  which  must  inspire  every  British  Subject  with  the  most  grateful  Sentiments  of  the 
Divine  Goodness,  as  it  promises  Security  and  Permanency  to  the  inestimable  Blessings  derived 
to  our  Country,  from  our  gracious  Sovereign,  and  his  illustrious  House. 

The  military  Operations  since  your  Recess,  are  also  a  Source  of  publick  Joy  and  Exultation. 
Havannah,  the  Key  to  the  Settlements  and  Treasures  of  Spain,  fortifyed  by  all  the  Advantages 
of  Art,  and  defended  with  Vigour  and  Obstinacy,  is  gloriously  subjected  to  his  Majesty's 
Dominion,  and  by  the  Capture  of  all  the  Ships  in  the  Port,  the  Marine  of  our  Enemy  most 
essentially  debilitated. 

The  commercial  Settlement  of  St.  John's  in  Newfoundland,  seized  by  a  feeble  Effort  of  the 
declining  Power  of  France,  is  happily  regained,  by  a  well-timed  and  spirited  Enterprize,  wisely 
projected,  and  gallantly  executed. 

These  eminent  Successes,  which  add  fresh  Lusture  to  the  established  Reputation  of  his 
Majesty's  Arms,  are  the  more  interesting,  as  they  must  at  this  crittical  Conjuncture  be  of  the 
utmost  Moment,  in  advancing  that  great  and  desirable  Object,  a  glorious  and  a  solid  Peace. 


1484  Journal  of  the  Legislative  Council  of  New  York. 

Gentlemen  of  the  General  Assembly, 

His  Excellency  Sr  Jeffery  Amherst,  in  the  Beginning  of  August,  having  requested  me  to 
recommend  to  you  to  provide  for  the  continuing  in  Pay,  a  Company  of  one  hundred  and  seventy 
three  Men,  including  a  Captain  and  three  Subalterns,  his  Majesty's  Council,  confident  that  the 
same  Zeal  would  influence  you  to  this  necessary  Measure,  which  had  induced  you  to  support 
it  the  last  Year,  advised  me  to  delay  calling  you  together,  until  the  ordinary  Season  of  your 
Meeting,  and  in  the  mean  Time  to  give  Orders  for  the  Inlistments.  In  Consequence  of  which, 
this  Corps  is  now  nearly  compleated.  From  the  dispersed  Situation  of  his  Majesty's  regular 
Troops,  employed  in  many  various  Services,  and  the  absolute  Necessity  of  garrisoning  the 
extended  Posts  on  this  Continent  during  the  Winter,  the  Propriety  of  this  Requisition  must  be 
too  apparent,  to  need  any  Arguments  to  enforce  it.  I  therefore  do  not  in  the  least  doubt  but 
you  will  very  readily  make  the  Provision  required. 

The  Support  of  his  Majesty's  Government  expiring  the  first  of  September,  it  is  my  Duty  to 
recommend  this  to  your  early  Attention.  The  Dignity  and  Importance  of  the  Office  of  Chief 
Justice,  and  of  the  Judges,  who  are  intrusted  with  the  Lives  and  Rights  of  the  Subjects,  render 
it  as  essential  to  your  own  Happiness  and  Security,  as  it  is  to  the  Honour  of  the  Crown,  that 
a  suitable  Augmentation  be  made  to  their  Salaries ;  that  this  high  Trust  may  not  fall  into 
Contempt,  but  be  rendered  worthy  the  Exercise  of  Men  of  approved  Merit,  Learning  and 
Ability.  On  this  Point,  it  is  proper  I  inform  you,  that  by  his  Majesty's  additional  Instruction 
to  me,  I  am  restrained  from  assenting  to  any  Act,  by  which  the  Tenure  of  the  Commissions 
to  the  Judges  shall  in  any  Manner  be  regulated  or  ascertained. 

The  Provincial  Troops  have  unavoidably  been  imploy'd  longer  than  the  Time  appointed  by 
Law;  and  many  of  them  who  have  served  abroad,  from  the  Fatigues  and  Climate  to  which 
they  have  been  exposed,  will  stand  in  need  of  Relief.  I  therefore  urge  you  to  make  sufficient 
Provision,  that  those  who  have  engaged,  and  suffered  in  the  Defence  of  their  Country,  may  be 
supported  at  her  Expence,  on  their  Return,  and  until  they  can  arrive  at  their  Habitation. 

Gentlemen  of  the   Council  and  General  Assembly, 

Among  the  Laws  which  require  your  Consideration,  I  must  point  out  to  you,  the  Necessity 
of  reviving  those  for  billeting  and  quartering  the  King's  Troops,  and  the  impressing  of  Horses 
and  Carriages :  Experience  having  shewn  the  Impracticability  of  currying  on  the  public 
Service  with  Effect,  without  the  Aid  of  these  Laws. 

The  just  Sence  I  entertain  of  the  Honour  the  King  has  conferred  on  me  in  my  appointment 
to  this  Government  and  my  sincere  and  ardent  Desire  to  promote  the  Welfare  and  Felicity  of 
the  People  committed  to  my  Care,  will  always  induce  me  with  Pleasure  and  Allacrity,  to  support 
and  encourage  every  Measure,  and  every  Object,  that  can  tend  to  his  Majesty's  Service,  and  their 
Wellbeing  and  Prosperity,  in  which  I  cannot  fail  of  having  your  hearty  Concurrence.  Actuated 
by  these  Principles,  I  flatter  myself,  I  shall  enjoy  that  inward  and  solid  satisfaction,  which 
must  be  the  Reward  of  an  upright  and  disinterested  Administration. 

Fort  George,  New  York  ROBERT  MONCKTON. 

10  November  1762. 

Ordered,  that  his  Excellency's  Speech  be  forthwith  printed. 

Mr  Pratt  then  moved  that  an  Humble  Address  might  be  presented  by  this  House  to  his 
Excellency  in  answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  Humble  Address  be  presented  by  this  House  accordingly. 

Ordered,  that  Mr  Smith,  Mr  Watts,  Mr  Walton,  Mr  De  Lancey,Mr  Chief  Justice  Pratt  and  the 
Earl  of  Stirling  or  any  two  of  them,  be  and  they  are  hereby  appointed  a  Comittee  to  prepare 
the  Draft  of  the  said  Address  and  that  they  Lay  the  same  before  this  House  on  Thursday  next. 

The  Council  adjourned  till  Thursday  Morning  Eleven  o  Clock. 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1485 

Thursday,  the  18'*  day  of  November,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 

WILLIAM  SMITH, 

JOHN  WATTS, 

WILLIAM  WALTON, 

OLIVER  DE  LANCET,  Esquires, 

Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

Mr  De  Lancey  from  the  Committee  appointed  to  prepare  the  Draft  of  an  Humble  Address 
to  be  presented  by  this  House  to  his  Excellency  the  Governor  Reported  that  the  Committee 
had  prepared  the  Draft  of  an  Address  accordingly,  which  he  read  in  his  place,  and  then 
delivered  the  same  in  at  the  Table,  where  the  same  was  again  Read  and  being  agreed  to  was 

Ordered  to  be  Engrossed. 

The  Engrossed  Address  to  his  Excellency  the  Governor  was  read. 

Ordered,  that  the  Speaker  do  sign  the  said  Address  in  behalf  of  this  House, 

Who  having  signed  the  same  accordingly 

Ordered,  that  Mr  De  Lancey  and  the  Earl  of  Stirling  do  wait  on  his  Excellency  the  Governor, 
and  desire  to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  Address. 

The  said  Gentlemen  being  returned  Reported  that  they  had  waited  on  his  Excellency  the 
Governor  arid  delivered  the  said  Message,  and  that  he  was  pleased  to  say  he  would  receive  the 
Address  of  this  House  in  half  an  Hour  at  the  Council  Chamber  in  Fort  George. 

The  Speaker  left  the  Chair,  and 

The  Council  went  to  Fort  George  to  prevent  (sic)  the  humble  Address  of  this  House  to  his 
Excellency  the  Governor,  and  being  returned 

The  Speaker  resumed  the  Chair  and 

Reported  that  the  House  having  attended  his  Excellency,  and  presented  him  the  humble 
Address  of  this  House 

His  Excellency  had  been  pleased  to  return  a  favourable  answer  thereto  which  he  delivered  in 
at  the  Table,  where  the  same  was  read. 

Ordered,  that  the  said  Address  and  Answer  be  entered  in  the  Minutes  of  this  House  which  are 
as  follow  viz' 

To  his  Excellency  the  Honourable  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief 
in  and  over  the  Province  of  New  York  and  the  Territories  Depending  thereon  in  America 
Vice  Admiral  of  the  same  and  Major  General  of  his  Majestys  Forces. 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Excellency 

We  his  Majesty's  most  Dutifull  &  Loyal  Subjects  the  Council  for  the  Colony  of  New  York 
seize  with  pleasure  this  opportunity  of  our  first  convening  in  our  Legislative  Capacity  since 
your  happy  return  from  the  Glorious  Reduction  of  Martinico  and  all  the  Carribee  Islands 
dependent  thereon  to  Address  your  Excellency  on  this  joyfull  occasion. 

We  felicitate  you  on  these  important  and  Rapid  Conquests  which  add  new  Lusture  to  his 
Majesty's  Reign,  fill  the  whole  nation  with  joy  and  must  transmitt  your  Name,  with  Glory  to 
future  Ages. 

While  we  reflect  that  these  acquisitions  are  Part  of  the  great  Achievements  of  our  Governor, 
we  Exult  in  your  success  and  become  interested  in  your  fame. 

We  assure  ourselves  that  the  Spirit  Conduct  and  Disinterested  Concern  for  the  Publick  Good 
which  you  have  so  frequently  display'd  in  your  military  command,  will  equally  distinguish  your 
Excellency  in  your  civil  Administration. 

With  these  elevated  expectations  we  congratulate  you  on  your  safe  arrival  and  with  the 
highest  satisfaction  now  meet  your  Excellency  in  General  Assembly. 

Permitt  us  also  at  the  same  time  to  pay  our  gratefull  acknowledgments  for  your  Excellencys 
Speech,  and  to  join  our  sincere  congratulations  on  the  Auspicious  Birth  of  the  Prince,  a  happy 
event  that  tends  to  the  perpetuation  of  that  Illustrious  and  Royal  House,  on  whom  the 
Libertys  and  Felicity  of  Great  Britain  and  her  Colonies  depend. 

We  rejoice  with  your  Excellency  on  account  of  the  late  complete  success  of  his  Majestys 
Arms  at  the  Havannah  and  in  the  well  timed  expedition  to  S'  John's  so  wisely  projected  and 
gallantly  executed,  and  hope  the  unparallelled  series  of  conquests  and  victories  acquired  by  the 


1486  Journal  of  the  Legislative  Council  of  New  York.  [2;j£  £eB8"s?™- 

Brave  British  Troops  in  every  part  of  the  Globe  will  produce  a  permanent  Peace  as  honourable 
and  advantageous  to  the  Crown  as  the  war  has  been  successful  I. 

We  begg  leave  to  assure  your  Excellency  we  think  the  Colony  happy  in  a  Governor  so 
ardently  desirous  to  promote  the  welfare  of  the  People  and  that  we  animated  with  the  same 
Zeal  will  exert  our  abilities  to  the  utmost  to  assist  your  Excellency  in  all  your  efforts  for  the 
Inseperable  Interests  of  our  King  and  Country  and  will  now  give  our  due  attention  to  the 
matters  that  in  your  Speech  you  are  pleas'd  to  recommend. 

We  doubt  not  your  Excellency  will  always  have  the  inward  and  solid  satisfaction  of  an  upright 
and  disinterested  Administration  and  we  promise  ourselves  your  Excellency  will  also  have  the 
Approbation  of  our  Gracious  Sovereign  and  the  lasting  applause  of  a  Gratefull  and  oblig'd 
People. 

By  order  of  the  Council 

New  York  DANIEL  HORSMANDEN  Speaker. 

18  Nov  1762. 

To  which  his  Excellency  was  pleased  to  return  the  following  Answer 

Gentlemen, 

Your  affectionate  Address  claims  my  most  sincere  and  hearty  thanks. 

Aided  by  your  wise  and  salutary  Counsels  I  shall  with  pleasure  exert  my  unweaned 
Endeavours,  most  faithfully  to  discharge  the  high  and  important  Trust  Reposed  in  me  by  his 
Majesty.  And  it  will  much  add  to  my  happiness  if  by  my  Zeal  for  his  service,  I  continue  to 
preserve  the  favourable  opinion  you  are  pleased  to  express  of  me. 

Fort  George  New  York  ROBERT  MONCKTON. 

18th  November  1762. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 
The  Council  adjourned  till  to  Morrow  Monday  (sic)  11  o  clock. 


Friday,  the  nineteenth  day  of  November,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT — The   Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 

Monday,  the  twenty  second  day  of  November,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Wednesday  morn  11  o  clock. 


1762.]  The  Hon.  Robert  Monckton,   Governor.  1487 

Wednesday,  the  twenty  fourth  day  of  November,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVEH  DE  LANCEY, 
BENJAMIN  PRATT,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  Hasbrouck  and  Captain  Douw  with  a  Bill 
Entituled  [An  Act  to  divide  the  Highland  Precinct  in  Ulster  County  into  two  Precincts] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Alderman  Livingston  and  Mr  Bayard  with  the 
Bill  Entituled  [An  Act  to  encrease  the  number  of  Firemen  within  the  City  of  New  York] 
desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Major  Lispenard  with  the  Bill 
Entituled  [An  Act  to  continue  An  Act  Entituled,  An  Act  for  regulating  the  Pilots  and  establishing 
their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  and  other  purposes  therein 
mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  3  Bills  be  read 

Then  the  said  Bills  were  severally  read  the  first  time  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  tomorrow  Morning  11  o  Clock. 


Thursday,  the  twenty  fifth  day  of  November,  1762. 

The  Council  met  according  to  adjournment. 
PRESENT  —  The   Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  Council  a  Message  from  his  Excellency  the 
Governor  which  being  read  was 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows 

Gentlemen, 

The  Inhabitants  near  the  Limits  established  between  the  Counties  of  Albany  and  Ulster 
being  at  a  Loss  respecting  the  Course  of  the  Line  from  Hudson's  River  Westward  have 
earnestly  desired  it  may  be  run  by  the  Authority  of  the  Government.  This  is  a  matter  which 
deserves  your  consideration,  as  it  must  be  attended  with  expence,  is  essential  to  the  quiet  of  the 
people,  and  may  affect  their  Rights  :  I  therefore  recommend  to  you  to  make  provision  for  a 
Service  of  Such  apparent  utility.  At  the  same  time  I  think  it  necessary  that  the  Law  for 
dividing  the  Province  into  Counties  should  be  revised  and  amended,  that  by  fixing  the  several 
Lines  with  precision  and  exactness,  the  inconvenience  of  a  doubtful  jurisdiction  may  be  avoided. 

Fort  George  New  York  ROBT  MONCKTON. 

24tb  November  1762. 

The  Bill  entituled  [An  Act  to  divide  the  Highland  Precinct  in  Ulster  County  into  two 
Precincts]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  encrease  the  number  of  Firemen  within  the  City  of  New  York] 
was  read  the  second  time  and 

Ordered  to  be  committed. 


1488  Journal  of  the  Legislative  Council  of  New  York. 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  for  regulating  the  Pilots 
and  establishing  their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  and  other 
purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

Mr  Banyar  brought  to  the  Council  a  Message  from  his  Excellency  the  Governor  which  being 

read  was 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows 

Gentlemen, 

No  Provision  being  made  for  defraying  any  Expense  however  necessary  in  the  carrying  on 
Prosecutions  at  the  suit  of  the  Crown,  the  publick  Justice  is  in  danger  of  suffering,  and  in  some 
Instances  may  be  defeated.  At  the  same  time  I  cannot  avoid  observing  that  his  Majesty's 
Attorney  General,  the  only  officer  who  prosecutes  for  the  Crown,  after  the  most  able  and 
faithful  discharge  of  his  Trust,  has  no  recompence  adequate  to  services  so  essential  to  the 
Community,  the  Law  not  giving  any  Costs  in  Criminal  Causes.  I  therefore  recommend  these 
matters  to  your  consideration  not  doubting  but  you  will  provide  for  them  amply  and  effectually. 
Fort  George  New  York  ROBT  MONCKTON. 

24th  of  November  1762. 

The  Council  adjourned  till  to  morrow  12  o  clock. 


Friday,  the  twenty  sixth  day  of  November,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
BENJAMIN  PRATT,  Esq™, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  divide  the  Highland  Precinct  in  Ulster  County  into  two  Precincts]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  increase  the  Number  of  Firemen  within  the  City  of  New  York]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  -whole  House  on  the  Bill  entituled  [An 
Act  to  continue  An  Act  entituled  An  Act  for  regulating  the  Pilots  and  establishing  their 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1489 

Pilotage  between  Sandy  Hook  and  the  Port  of  New  York,  and  other  Purposes  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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  Right  Honorable  the  Earl  of  Stirling  do  acquaint  the  General  Assembly 
that  the  Council  have  passed  the  said  three  Bills  without  any  amendment. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Ten  Brook  with  the  Bill 
Entituled  [An  Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  for  the  Time  being  or  the  Major  part  of  them  to  order  the  raising  a  sum  not 
exceeding  fourteen  hundred  pounds  by  a  Tax  on  Estates  real  and  personal  in  the  said  City  for 
lighting  of  Lamps  and  providing  a  sufficient  number  of  watchmen]  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  'till  Tuesday  Morning  11  o  clock. 


Tuesday,  the  30'A  day  of  November,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSJIANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
BENJAMIN  PRATT,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  'till  to  morrow  morning  11  o  clock. 


Wednesday,  the  first  day  of  December,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
BENJAMIN  PRATT,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Major  Lispenard  and  Captain  Douw  with  the  Bill 
Entituled  [An  Act  further  to  continue  the  several  Acts  therein  mentioned  relative  to  the 
Militia  of  the  Colony  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. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Ten  Brook  with  the  Bill 
entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his  Majesty  the 
several  Duties  and  Impositions  on  Goods,  Wares  and  Merchandizes  imported  into  this  Colony 
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  and 

Ordered  a  second  reading. 

187 


2 


1490  Journal  of  the  Legislative  Council  of  New  York.  [2s! 

A  Message  from  the  General  Assembly  by  Cnptain  Livingston  and  Captain  Seaman  with  the 
Bill  entituled  [An  Act  for  raising  and  Collecting  several  arrears  of  Taxes  laid  by  the  several 
Acts  therein  mentioned]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  fisrt  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Cornel  and  Colonel  Seaman  with  the  Bill 
entituled  [An  Act  further  to  continue  the  Currency  of  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] 
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. 

A  Message  from  the  General  Assembly  by  Colonel  Haasbrouck  and  Mr  Cornel  with  the  Bill 
entituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  Ulster  County]  di-siring  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  Bill  entituled  [An  Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the 
City  of  New  York  for  the  time  being  or  the  major  part  of  tuem  to  order  the  raising  a  sum  not 
exceeding  fourteen  hundred  pounds  by  a  Tax  on  Estates  real  and  personal  in  the  said  City  for 
lighting  of  Lamps  and  providing  a  sufficient  number  of  Watchmen]  was  read  the  second  time  and 

Ordered  to  be  committed. 


Thursday,  the2d  day  of  December,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HOKSMANDEN,  Esqr,  Speaker, 

JN°  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  further  to  Continue  the  several  acts  therein  mentioned  relative 
to  the  Mililia  of  the  Colony  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  further  to  Continue  an  Act  Entituled  An  Act  for  Granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  for  Raising  and  Collecting  several  Arrears  of  Taxes  laid  by  the 
several  Acts  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  further  to  Continue  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]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  for  the  more  Equal  Taxation  of  Estates  in  Ulster  County]  was 
Read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  'till  11  o  clock  tomorrow  Morning. 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1491 

Friday,  the  3d  day  of  December,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
BENJAMIN  PRATT,  Esq™, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Excellency  the 
Governor  which  was  read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows 

Gentlemen, 

The  Settlement  of  the  Partition  Line,  between  this  and  the  neighbouring  Colony  of  New 
Jersey,  is  of  the  utmost  Concern  to  the  Peace  and  Quiet  of  the  People.  Not  only  the  Borders 
will  experience  its  Utility,  but  as  the  Soil  now  lyes  waste  or  unoccupyed,  and  may  be  improved 
to  important  and  valuable  Purposes,  the  Consequences  will  be  diffusive,  and  extensive :  Whilst 
any  Delay  must  apparently  revive  that  Animosity  and  Violence,  which  have  long  subsisted, 
and  if  not  timely  prevented,  may  be  carried  to  a  Length  even  dangerous  to  the  Community. 
Without  the  Interposition  of  the  Legislature  there  is  no  Remedy  for  this  growing  Evil.  My 
Duty  to  the  Crown,  and  the  Part  I  take  in  whatever  so  materially  affects  the  Rights  of  his 
Mrijestys  Subjects,  indispensibly  oblige  me  earnestly  to  recommend  this  as  an  Object  highly 
deserving  your  Consideration,  and  I  cannot  doubt  the  same  powerful  Arguments,  will  induce 
you  to  make  Provision  for  a  Service  so  essential  to  the  Prosperity  of  your  Country. 
Fort  George  New  York  ROBERT  MONCKTON. 

3d  December  17G2. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Mr  Groot  with  the  Bill  entituled 
[An  Act  further  to  continue  An  Act  entituled,  An  Act  to  restrain  the  feeding  and  burning  the 
Grass  and  cutting  the  Timber  on  certain  Beaches  and  Islands  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  and 

Onl'rcd  a  second  reading. 


A  Message  from  the  Genera!  Assembly  by  Mr  Miller  and  Mr  Cornell  with  the  Bill  Entituled 
[An  Act  for  the  better  regulating  the  Taxation  of  Estates  in  Suffolk  County  —  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Groot  with  the  Bill  entituled 
[An  Act  to  raise  levy  and  collect  the  sum  of  two  hundred  pounds  in  the  Borough  of  Westchester 
for  erecting  and  building  a  Town  Hall  and  Goal  in  the  s;iid  Borough]  desiring  the  concurrence 
of  tha  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Col  Haring  and  Mr  Peter  R.  Livingston  with  the 
Bill  Entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  strong  Liquors  retailed  in  this 
Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  three  to  the  first 
day  of  January  one  thousand  seven  hundred  ami  sixty  four  inclusive]  desiring  the  Concurrence 
of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  rend. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  for  the 
time  being,  or  the  Major  part  of  them,  to  order  the  raising  a  Sum  not  exceeding  fourteen  hundred 
pounds  by  a  Tax  on  Estates  real  and  personal  in  the  said  City  for  lighting  of  Lamps  and 
providing  a  sufficient  number  of  Watchmen]  and  after  some  time  spent  therein 


1492  Journal  of  the  Legislative  Council  of  New  York. 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  Eeported  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled 
[An  Act  further  to  continue  the  several  Acts  therein  mentioned  Relative  to  the  Militia  of  the 
Colony  of  New  York]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  a  Committee  of  the  whole  [House,]  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. 

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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  last  mentioned  Bills  without  any  amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled 
[An  Act  further  to  continue  an  Act  Entituled  An  Act  for  Granting  to  his  Majesty  the  several 
Duties  and  impositions  on  Goods  wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned]  and  having  spent  some  time  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the  Committee 
had  gone  through  the  snid  Bill  and  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  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  sd  Bill  do  pass. 

Then  the  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  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]  and  having  spent  some  time 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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  Mr  Smith  do  Acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  more  Equal  Taxation  of  Estates  in  Ulster  County]  and  having  spent  some  time 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  &d  Bill  was  Read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Council  adjourned  'till  tomorrow  Morning  11  o'Clock. 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1493 

Saturday,  the  fourth  day  of  December,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honorable  DANIEL  HORSJIANDEN,  Esqr,  Speaker, 

JOHN  WATTS,  Esqr, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Excellency  the 
Governor  which  being  read  was 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows 

Gentlemen, 

Having  at  the  opening  of  the  Session  recommended  the  revisal  of  the  Laws  for  billeting  and 
quartering  the  King's  Troops,  and  the  impressing  of  Horses  and  Carriages,  and  the  Season  being 
advanced  his  Majesty's  Service  obliges  me  again  to  press  this  as  a  measure  which  cannot  be  left 
unprovided  for,  without  prejudice  to  the  Crown,  and  great  inconvenience  to  the  Subject.  I 
therefore  hope  you  will  enable  me  to  give  my  assent  to  Laws,  which  hitherto  have  been  found 
beneficial,  and  are  now  highly  necessary. 
Fort  George  New  York  ROBT  MONCKTON. 

3d  December  17G2. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  restrain  the 
feeding  and  burning  the  Grass  and  Cutting  the  Timber  on  certain  Beaches  and  Islands  therein 
mentioned]  was  read  the  second  Time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  better  regulating  the  Taxation  of  Estates  in  Suffolk 
County]  was  read  the  second  Time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  raise  levy  and  collect  the  Sum  of  two  hundred  Pounds  in  the 
Borough  of  Westchester  for  erecting  and  building  a  Town  Hall  and  Goal  in  the  said  Borough] 
was  read  the  second  Time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  three  to  the 
first  day  of  January  One  thousand  seven  hundred  and  sixty  four  inclusive]  was  read  the  second 
Time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 


Monday,  the  sixth  day  of  December,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honorable    DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
OLIVER  DE  LANCET, 
BENJAMIN  PRATT,  Esq", 
R'  Hono.  Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled  An  Act  to  restrain  the  feeding  and  burning  the  Grass 
and  cutting  the  Timber  on  certain  Beaches  and  Islands  therein  mentioned]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  sd  Bill  was  read  the  third  time  and 


1494  Journal  of  the  Legislative  Council  of  New   York.  [ 


2«h 


On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  and  the  Bill  Entituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  Ulster 
County]  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  better  regulating  the  Taxation  of  Estates  in  Suffolk  County]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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 

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. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  raise  Levy  and  Collect  the  sum  of  Two  hundred  pounds  in  the  Borough  of  Westchester 
for  Erei.'tin"'  and  Building  a  Town  Hall  and  Goal  in  the  said  Borough]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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, 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  sd  Bill  was  read  the  third  time. 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Chambers  do  Acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

.The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  collecting  the  Duty  of  Excise  on  strong  Liquors  retailed  in  this  Colony  from  the  first 
day  of  January  One  thousand  seven  hundred  and  sixty  three  to  the  first  day  of  January  one 
thousand  seven  hundred  and  sixty  four  Inclusive]  and  having  spent  some  time  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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. 

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 

Rt  solved,  that  the  said  Bill  do  pass. 

The  Council  adjourned  till  tomorrow  Morning  11  o'Clock. 


Tuesday,  the  seventh  day  of  December,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable    DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Douw  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  for  the  better  extinguishing  of  Fires  that  may  happen  within  the  City  ol 
Albany]  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. 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1495 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  raising  and  collecting  several  Arrears  of  Taxes  laid  by  the  several  Acts  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chuir  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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 

Ordered,  that  the  said  Bill  be  rear)  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  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
last  mentioned  Bill,  and  the  Bill  Entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  strong 
Liquors  retailed  in  this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and 
sixty  three  to  the  first  of  January  one  thousand  seven  hundred  and  sixty  four  inclusive] 
without  any  Amendment. 

The  Council  adjourned  'till  tomorrow  Morning  II  o  clock. 


Wednesday,  the  eighth  day  of  December,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono''16  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Cornell  with  the  Bill  Entituled 
[An  Act  for  repaying  the  Treasurer  of  this  Colony  sundry  sums  of  Money  by  him  advanced 
for  the  Service  of  this  Colony  and  for  other  purposes  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Colonel  Philipse  and  Mr  Cornel  with  the  Bill 
Entituled  [An  Act  to  prevent  transient  Persons  from  selling  Goods  at  Vendue  in  the  City  and 
County  of  Albany  and  Counties  of  Westchester,  Richmond  and  Dutches]  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. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Alderman  Livingston  with 
the  Bill  Entituled  [An  Act  providing  for  one  hundred  and  seventy  three  Voluntiers  Officers 
included  to  be  employ'd  in  protecting  the  different  Posts  on  the  Frontiers  to  the  first  day  of 
July  one  thousand  seven  hundred  and  sixty  three]  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. 

A  Message  from  the  General  Assembly  by  Mr  Wisner  and  Colonel  Haring  with  the  Bill 
Entituled  [An  Act  for  the  more  effectual  destroying  of  Wolves  in  the  County  of  Orange] 
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  Bill  Entituled  [An  Act  for  the  better  extinguishing  of  Fires  that  may  happen  within  the 
City  of  Albany]  was  read  the  second  Time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  last  mentioned  Bill 
and  after  some  time  spent  therein 


1496  Journal  of  the  Legislative  Council  of  New  York. 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  Reading. 
The  Council  adjourned  till  to  Morrow  Morning  11  o'Clock. 


Thursday,  the  ninth  Day  of  December,  1762, 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honorable  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Eutituled  [An  Act  for  the  better  extinguishing  of  Fires  that  may  happen  within  the 
City  of  Albany]  was  read  the  third  Time  and 

On  the. Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  for  repaying  the  Treasurer  of  this  Colony  sundry  Sums  of  Money 
by  him  advanced  for  the  Service  of  this  Colony  and  for  other  Purposes  therein  mentioned]  was 
read  the  second  Time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  last  mentioned  Bill, 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  to  prevent  transient  Persons  from  selling  Goods  at  Vendue  in  the 
City  and  County  of  Albany  and  counties  of  Westchester  Richmond  and  Dutches]  was  read  the 
second  Time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  last  mentioned  Bill, 
and  having  spent  some  time  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House,  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  the  Bill  was 

Ordered  a  third  Reading. 

The  Bill  Entituled  [An  Act  providing  for  one  hundred  and  seventy  three  Voluntiers  officers 
included  to  be  employed  in  protecting  the  different  Posts  on  the  Frontiers  to  the  first  Day  of 
July  one  thousand  seven  hundred  and  sixty  three]  was  read  the  second  Time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  last  mentioned  Bill, 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  for  the  more  effectual  destroying  of  Wolves  in  the  County  of 
Orange]  was  read  the  second  Time  and 

Ordered  to  be  committed. 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1497 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  last  mentioned  Bill, 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  Reading. 

A  Message  from  the  General  Assembly  by  Alderman  Livingston  and  Mr  Schenck  with  the 
Bill  Entituled  [An  Act  for  raising  six  thousand  Pounds  by  way  of  Lottery  for  the  purposes 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Boerum  with  the  Bill  Entituled 
[An  Act  to  continue  An  Act  entituled  An  Act  to  prevent  Frauds  in  the  Sale  of  damaged  Goods 
imported  into  this  Colony]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  Etead. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Cornell  and  Mr  Miller  with  the  Bill  Entituled 
[An  Act  to  prevent  the  digging  of  Pitts  for  the  taking  of  Deer  in  Queens  and  Suffolk  Counties] 
desiring  the  Concurrence  of  the  Council  thereto 

Ordcnd  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Major  Lispenard  and  Colonel  Haasbrouck  with  the 
Bill  entituled  [An  Act  for  the  Punishment  of  Persons  in  the  City  of  New  York  who  shall  by 
false  pretences  obtain  any  Goods  Wares  or  Merchandizes  from  any  Person  with  Intent  to  cheat 
or  defraud  such  Person]  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. 

A  Message  from  the  General  Assembly  by  Captain  Livingston  and  Colonel  Haring  with  the 
Bill  Entituled  [An  Act  to  appoint  Commissioners  for  regulating  and  laying  out  Highways  in 
Charlotte  and  Amenia  Precincts  in  Dutches  County]  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. 

A  Message  from  the  General  Assembly  by  Major  Lispenard  and  Alderman  Livingston  with 
the  Bill  Entituled  [An  Act  for  the  payment  of  the  Salaries  and  Services  of  the  several  Officers 
of  the  Government  to  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  three, 
and  other  Purposes  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  and 

Ordend  a  second  reading. 

A  Messnge  from  the  General  Assembly  by  Mr  Wisner  and  Cap*  Seaman  with  the  Bill 
Entituled  [An  Act  for  the  further  amending  An  Act  entituleH  An  Act  for  the  more  effectual 
collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York  and  the  Partition  of  Lands 
in  order  thereto]  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  'till  to  Morrow  Morning  11  o  Clock. 

188 


1498  Journal  of  the  Legislative  Council  of  New  York. 

Friday,  the  tenth  daij  of  December,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The   Honorable    DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBERS, 
JOHN  WATTS, 
WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq™, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  repaying  the  Treasurer  of  this  Colony  sundry  sums  of  Money 
by  him  advanced  for  the  Service  of  this  Colony,  and  for  other  purposes  therein  mentioned]  was 
read  the  third  Time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  and  the  Bill  Entituled  [An  Act  for  the  better  extinguishing  of  Fires  that  may  happen 
within  the  City  of  Albany]  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  prevent  transient  persons  from  selling  Goods  at  Vendue  in  the 
City  and  County  of  Albany  and  Counties  of  Westchester  and  Dutches]  was  read  the  third 
time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  providing  for  one  hundred  and  seventy  three  Voluntiers 
Officers  included  to  be  employ'd  in  protecting  the  different  Posts  on  the  Frontiers  to  the  first 
day  of  July  One  thousand  seven  hundred  and  Sixty  three]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  with  out  any  Amendment. 

The  Bill  Entituled  [An  Act  for  the  more  effectual  destroying  of  Wolves  in  the  County  of 
Orange]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Colonel  Seaman  with  the  Bill 
entituled  [An  Act  for  billeting  and  quartering  his  Majestys  Forces  within  this  Colony  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. 

A  Message  from  the  General  Assembly  by  Colonel  flaring  and  Alderman  Livingston  with  the 
Bill  Entituled  [An  Act  for  submitting  the  property  of  Lands  which  are  held  or  claimed  by 
Grants  under  the  Great  Seal  of  this  Colony  and  are  affected  by  the  Controversy  about  the 
Boundary  or  Partition  Line  between  this  Colony  and  the  Colony  of  New  Jersey  to  such  a  method 
of  decision  as  his  most  gracious  Majesty  shall  think  proper  by  his  Royal  Commission  or 
otherwise  to  appoint ;  and  for  defraying  the  Expence  to  accrue  on  the  part  of  this  Colony  on  the 
final  settlement  of  the  said  Line]  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  Bill  Entituled  [An  Act  for  raising  Six  thousand  Pounds  by  way  of  Lottery  for  the 
purposes  therein  mentioned]  was  read  the  Second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled,  [An  Act  to  prevent  frauds  in  the 
sale  of  damaged  Goods  imported  into  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  any 
Amendment. 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1499 

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

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  to  prevent  the  digging  of  Pitts  for  taking  of  Deer  in  Queens  and 
Suffolk  Counties]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  punishment  of  persons  in  the  City  of  New  York  who 
shall  by  false  Pretences  obtain  any  Goods  Wares  or  Merchandizes  from  any  person  with  intent 
to  cheat  or  defraud  any  person]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  appoint  Commissioners  for  regulating  and  laying  out  High 
Ways  in  Charlotte  &  Amenia  Precincts  in  Dutches  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  payment  of  the  salaries  and  services  of  the  several  officers 
of  the  Government  to  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  three] 
and  other  purposes  therein  mentioned,  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  further  amending  An  Act  Entituled  An  Act  for  the  more 
effectual  collecting  of  his  Majestys  Quit  Rents  in  the  Colony  of  New  York  and.  for  partition  of 
Lands  in  order  thereto]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  six  o'CIock  in  the  afternoon. 


Friday,  the  tenth  day  of  December,  1762.    P.  M. 
The  Council  met  according  to  adjournm'. 

PKESENT —  The  Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  CHAMBEES, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  Punishment  of  Persons  in  the  City  of  New  York  who  shall  by  false  Pretences  obtain 
any  Goods,  wares  or  Merchandizes  from  any  person  with  Intent  to  cheat  or  defraud  such 
person]  and  after  some  time  spent  therein 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  appoint  commissioners  for  regulating  and  laying  out  High  Ways  in  Charlotte  and  Amenia 
Precincts  in  Dutches  County]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  Payment  of  the  salaries  and  services  of  the  several  Officers  of  the  Government  to 
the  first  day  of  September  One  thousand  seven  hundred  and  sixty  three,  and  other  Purposes 
therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Chambers  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 


1500  Journal  of  the  Legislative  Council  of  New  York.  [llhsc""™' 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitu'ed  [An 
Act  for  Billeting  and  Quartering  His  Majestys  Forces  within  the  Colony  of  New  York]  And 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  submitting  the  Property  of  Lands  which  are  held  or  Claimed  by  Grants  under  the 
Great  seal  of  this  Colony  and  are  affected  by  the  Controversy  about  the  Boundary  or  Partition 
Line  between  this  Colony  and  the  Colony  of  New  Jersey  to  such  a  Method  of  decision  as  his 
most  gracious  Majesty  shall  think  proper  by  his  Royal  Commission  or  otherwise  to  appoint  and 
for  defraying  the  Expence  to  accrue  on  the  part  of  this  Colony  on  the  final  settlement  of  the 
said  Line]  And  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Oidercd  a  second  Reading. 

The  Council  adjourned  'till  tomorrow  Morning  11  o  Clock. 


Saturday,  the  Eleventh  day  of  December,  1762. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN.  Esqr,  Speaker, 

JOHN  CHAMBERS, 
WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  Continue  An  Act  Entituled  An  Act  to  prevent  frauds  in  the 
Sale  of  damaged  Goods  imported  into  this  Colony]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  Pass. 

The  Bill  Entituled  [An  Act  for  the  Punishment  of  Persons  in  the  City  of  New  York,  who 
shall  by  false  pretences  Obtain  any  Goods  Wares  or  Merchandizes  from  any  Person  with  Intent 
to  cheat  or  defraud  such  Person]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  P>ill  do  Pass. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  Passed  the 
said  two  Bills  without  any  Amendment,  and  also  the  Bill  Entituled  [An  Act  for  the  more 
effectual  destroying  of  Wolves  in  the  County  of  Orange.] 

The  Bill  Entituled  [An  Act  to  appoint  Commissioners  for  the  regulating  and  laying  out  High 
Ways  in  Charlotte  and  Amenia  Precincts  in  Dutches  County]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  s;iid  Bill  do  pass. 

The  Bill  Entituled  [An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the  several 
Officers  of  the  Government  to  the  first  day  of  September  One  thousand  seven  hundred  and  sixty 
three  and  other  Purposes  therein  mentioned]  was  read  the  Third  time  and 

On  the  Question  being  put 

Resolvtd,  that  the  said  Bill  do  Pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  for  Billeting  and  Quartering  His  Majesty's  Forces  within  this 
Colony  of  New  York]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  Pass. 


1762.]  The  Hon.  Robert  Monckton,  Governor.  1501 

The  Bill  Entituled  [An  Act  for  submitting  the  Property  of  the  Lands  which  are  held  or 
claimed  by  Grants  under  the  Great  Seal  of  this  Colony,  and  are  affected  by  the  Controversy 
about  the  Boundary  or  Partition  Line  between  this  Colony  and  the  Colony  of  New  Jersey,  to 
such  a  Method  of  Decision,  and  his  most  gracious  Majesty  shall  think  proper  by  his  Royal 
Commission  or  otherwise  to  appoint ;  and  for  defraying  the  Expence  to  accrue  on  the  Part  of 
this  Colony  on  the  final  Settlement  of  the  said  Line]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  the  R'  Honorable  the  Earl  of  Stirling  do  acquaint  the  General  Assembly  that 
the  Council  have  passed  the  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  the  Digging  of  Pitts  for  taking  of  Deer  in  Queens  and  Suffolk  Counties]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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. 

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  M.r  Wat's  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled,  [An 
Act  for  the  further  amending  An  Act  Entituled,  An  Act  for  the  more  effectual  Collecting  of  his 
Majesty's  Quit  Rents  in  the  Colony  of  New  York  and  for  partition  of  Lands  in  order  thereto] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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  beins;  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 

The  Speaker  put  the  question 

Whether  the  Bill  should  pass? 

Which  passed  in  the  negative. 

The  Speaker  then  put  the  question 

Whether  the  Bill  should  be  rejected  ? 

Which  passed  in  the  affirmative. 

Rf.soLvcd,  that  the  said  Bill  be  rejected  accordingly. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  raising  six  thousand  pounds  by  way  of  Lottery  for  the  purposes  therein  mentioned]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Walton  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  the  same  without  any  Amend 
ment 

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  Mr  Chambers  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

His  Excellency  the  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by  the 
Deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly 

And  the  General  Assembly  attending  according 

His  Excellency  the  Governor  in  the  presence  of  the  Council  and  General  Assembly  was 
pleased  to  give  his  Assent  to  twenty  six  Bills  the  Titles  whereof  are  as  follow  viz1 

An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 


1502  Journal  of  the  Legislative  Council  of  New  York. 

An  Act  for  the  payment  of  the  Several  Salaries  and  Services  of  the  Several  Officers  of  the 
Government  to  the  first  day  of  September  One  thousand  Seven  hundred  and  Sixty  three  and 
other  purposes  therein  mentioned. 

An  Act  providing  for  one  hundred  and  Seventy  three  Voluntiers  Officers  included  to  be 
employed  in  protecting  the  different  Posts  on  the  Frontiers  to  the  first  day  of  July  one  thousand 
Seven  hundred  and  Sixty  three. 

An  Act  further  to  continue  the  several  Acts  therein  mentioned  relative  to  the  Militia  of  the 
Colony  of  New  York. 

An  Act  for  billeting  and  quartering  his  Majestys  Forces  within  this  Colony  of  New  York. 

An  Act  for  submitting  the  property  of  the  Lands  which  are  held  or  claimed  by  Grants  under 
the  Great  Seal  of  this  Colony  and  are  affected  by  the  Controversy  about  the  Boundary  or 
partition  Line  between  this  Colony  and  the  Colony  of  New  Jersey  to  such  a  method  of  decision 
as  his  most  gracious  Majesty  shall  think  proper  by  his  Royal  Commission  or  otherwise  to 
appoint  and  for  defraying  the  Expence  to  accrue  on  the  part  of  this  Colony  on  the  final 
Settlement  of  the  said  Line. 

An  Act  for  Collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
first  day  of  January  One  thousand  seven  hundred  and  Sixty  three  to  the  first  day  of  January 
One  thousand  seven  hundred  &  sixty  four  inclusive. 

An  Act  for  raising  and  Collecting  several  Arrears  of  Taxes  laid  by  the  several  Acts  therein 
mentioned. 

An  Act  further  to  continue  the  Currency  of  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  to  continue  An  Act  entituled,  An  Act  for  regulating  the  Pilots  and  Establishing  their 
Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  and  other  purposes  therein 
mentioned. 

An  Act  to  continue  An  Act  Entituled,  An  Act  to  prevent  Frauds  in  the  sale  of  Damaged 
Goods  imported  into  this  Colony. 

An  Act  for  repaying  the  Treasurer  of  this  Colony  sundry  sums  of  money  by  him  advanced 
for  the  service  of  this  Colony  and  for  other  purposes  therein  mentioned. 

An  Act  for  raising  Six  thousand  pounds  by  way  of  Lottery  for  the  purposes  therein 
mentioned. 

An  Act  for  the  punishment  of  Persons  in  the  City  of  New  York  who  shall  by  false  pretences 
obtain  any  Goods  Wares  or  Merchandizes  from  any  person  with  intent  to  cheat  or  defraud  such 
person. 

An  Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York 
for  the  time  being  or  the  major  part  of  them  to  order  the  raising  a  sum  not  exceeding  fourteen 
hundred  pounds  by  a  Tax  on  Estates  real  and  personal  in  the  said  City  for  Lighting  of  Lamps 
and  providing  a  sufficient  number  of  Watchmen. 

An  Act  to  encrease  the  number  of  Firemen  within  the  City  of  New  York. 

An  Act  to  prevent  transient  persons  from  selling  Goods  at  Vendue  in  the  City  and  County 
of  Albany  and  Counties  of  Westchester  Richmond  and  Dutches. 

An  Act  for  the  better  extinguishing  of  Fires  that  may  happen  within  the  City  of  Albany. 

An  Act  for  the  better  regulating  the  Taxation  of  Estates  in  Suffolk  County. 

An  Act  for  the  more  equal  Taxation  of  Estates  in  Ulster  County. 

An  Act  for  the  more  effectual  destroying  of  Wolves  in  the  County  of  Orange. 

An  Act  to  raise,  levy  and  collect  the  sum  of  two  hundred  pounds  in  the  Borough  of 
Westchester  for  erecting  and  building  a  Town  Hall  and  Goal  in  the  said  Borough. 

An  Act  to  divide  the  Highland  Precincts  in  Ulster  County  into  two  Precincts. 

An  Act  to  appoint  Commissioners  for  regulating  and  laying  out  Highways  in  Charlotte  and 
Amenia  Precincts  in  Dutches  County. 

An  Act  further  to  continue  An  Act  Entituled,  An  Act  to  restrain  the  feeding  and  burning 
the  Grass  and  cutting  the  Timber  on  certain  Beaches  and  Islands  therein  mentioned. 

An  Act  to  prevent  the  digging  of  Pitts  for  the  taking  of  Deer  in  Queens  and  Suffolk 
Counties. 

After  which  the  said  twenty  six  Bills  were  published,  and  his  Excellency  the  Governor  the 
Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber,  His  Excellency  the 
Governor  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to  the  Assembly 
Chamber,  and  adjourn  the  House  to  Tuesday  the  first  day  of  February  next. 

His  Excellency  the  Governor  then  returned  to  the  Fort. 


1763.]  The  Hon.  Robert  Monckton,  Governor.  1503 

The  Speaker  resumed  the  Chair. 

His  Excellency  the  Governor  having  directed  the  Speaker  of  the  General  Assembly  to 
adjourn  the  House  untill  Tuesday  the  first  day  of  February  next. 
The  Council  adjourned  to  Tuesday  the  said  first  day  of  February  next. 


[N.  T.  Col.  MSS..XCI.,  137.  ] 

BY  HIS  EXCELLENCY 

The  Honourable  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over 
(L.  s.)    the  Province  of  New  York  and  the  Territories  depending  thereon  in  America,  Vice 
Admiral  of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  first. 
day  of  February  next,  I  have  thought  fit  for  His  Majesty's  Service  to  adjourn  and  I  do  by  and 
with  the  Advice  of  His  Majesty's  Council  further  Adjourn  the  said  General  Assembly  to 
Thursday  the  seventeenth  day  of  February  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  twenty  iixth  day  of  January  1763  in  the  third  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAE  D  SScry. 

God  save  the  KING. 


[N.Y.  Col.  MSS.,  XCL,  142.] 

BY  His  EXCELLENCY 

The  Honourable  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over 
(L.  s.)    the  Province  of  New  York  and  the  Territories  depending  thereon  in  America  Vice 
Admiral  of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Thursday  the 
seventeenth  day  of  February  Instant  I  have  thought  fit  for  His  Majesty's  service  to  adjourn  ;  and 
I  do  by  and  with  the  advice  of  His  Majesty's  Council  further  adjourn  the  said  General 
Assembly  to  Thursday  the  Third  day  of  March  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  sixteenth  day  of  February  17G3  in  the  third  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAE  D  Sccry. 

God  save  the  KING. 


1504  Journal  of  the  Legislative  Council  of  New  York. 

[  N.  T.  Col.  MSS.,  XCI.,  143.  ] 

BY  His  EXCELLENCY 

The  Honoble  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America  Vice  Admiral 
of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Thursday  the  third 
day  of  March  Instant.  I  have  thought  fit  for  His  Majesty's  Service  to  adjourn,  and  I  do  by  and 
with  the  advice  of  His  Majesty's  Council  further  adjourn  the  said  General  Assembly  to  Thursday 
the  twenty  fourth  day  of  March  Instant;  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  second  day  of  Mnrch  1763  in  the  third  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Stcry. 

God  save  the  KING. 


[  N.  T.  Col.  MSS.,  XCI.,  147.] 

BY  His  EXCELLENCY 


The  Hono"-  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New  York  and  the  Territories  depending  thereon  in  America,  Vice  Admiral 
of  the  same  and  Major  General  of  His  Majesty's  Forces. 


A  PROCLAMATION. 


WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Thursday  the  twenty 
fourth  day  of  March  Instant,  I  have  thought  fit  for  his  Majesty's  Service  to  adjourn,  and  I  do 
by  and  with  the  advice  of  his  Majesty's  Council,  further  adjourn  the  said  General  Assembly  to 
Thursday  the  seventh  day  of  April  next;  of  which  all  his  Majesty's  Subjects  concerned  therein 
are  to  take  notice  aud  govern  themselves  accordingly. 

Given  under  my  hand  and  Seal  at  Arms  at  Fort,  George  in  the  City  of  New  York 
the  sixteenth  day  of  March  1763  in  the  third  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

n    „.    „  ROB1  MONCKTON. 

JJij  His  Excellency's  Command 

Gw  BANYAE  D  Secry. 

God  save  the  KING. 


1763.]  The  Hon.  Robert  Monckton,  Governor.  1505 

[  N.  T.  Cul.  MSS.,  XCI.,  153.  ] 

BY  His  EXCELLENCY 

The  Honoble  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  the  New  York  and  the  Territories   depending   thereon  in  America  Vice 
Admiral  of  the  same,  and  Major  General  of  his  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Thursday  the  seventh 
day  of  April  Instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn  and  I  do  by  and 
with  the  advice  of  His  Majesty's  Council  further  adjourn  the  said  General  Assembly  to  Thursday 
the  twenty  eighth  day  of  April  Instant ;  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  sixth  day  of  April  1763  in  the  third  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third,  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROB1  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  SHcry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCI.,  154.  i 

BY  His  EXCELLENCY 

The  Honble  ROBERT  MONCKTON   Captain  General   and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of    New   York   and  the    Territories    depending  thereon   in    America,    Vice 
Admiral  of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Thursday  the  Twenty 
eighth  day  of  April  Instant  I  have  thought  fit  for  his  Majestys  service  to  adjourn,  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to  Thursday 
the  nineteenth  day  of  May  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  Gtorge  in  the  City  of  New  York 
the  twentieth  day  of  April  1763  in  the  third  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROB1  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Sdcry. 

God  save  the  KING. 
189 


1506  Journal  of  the  Legislative  Council  of  Neio  York.  [^hs'"™: 

[  N.  Y.  Col.  MSS.,  XCL,  161.] 

BY  His  EXCELLENCY 

The  Honble  ROBERT  MONCKTON  Captain  General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New   York   and   the    Territories   depending   thereon    in   America,    Vice 
Admiral  of  the  same  and  Major  General  of  His  Majesty's  forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Thursday  the 
nineteenth  day  of  May  Instant  I  have  thought  fit  for  his  Majesty's  service  to  adjourn,  and  I  do 
by  and  with  the  advice  of  his  Majesty's  service  further  adjourn  the  said  General  Assembly  to 
Thursday  the  sixteenth  day  of  June  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  eighteenth  day  of  May  1763  in  the  third  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Stcry. 

God  save  the  KING. 


[N.  T.  Col.  MSS.,  XCII.,  8.] 

BY  HIS  EXCELLENCY 

The  Honoble  ROBERT  MONCKTON  Esquire  Captain  General  and  Governor  in  Chief  in  and 
(L.  s.)    over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America  Vice 
Admiral  of  the  same  and  Major  General  of  his  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Thursday  the 
sixteenth  day  of  June  Instant  I  have  thought  fit  for  His  Majesty's  Service  to  adjourn  and  I  "do  by 
and  with  the  Advice  of  his  Majesty's  Council  further  adjourn  the  said  General  Assembly  to 
Thursday  the  thirtieth  day  of  June  Instant  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  eighth  day  of  June  1763  in  the  Third  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

ROBT  MONCKTON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


1763.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1507 

[  N.  T.  Col.  MSS.,  XCII.,  12.  ] 

BY  HIS  EXCELLENCY 

The  Honoble  ROBERT  MONCKTON  Captain   General  and  Governor  in  Chief  in  and  over  the 
(L.  s.)    Province  of  New  York&ud  the  Territories  thereon  depending  in  America,  Vice  Admiral 
of  the  same  and  Major  General  of  His  Majesty's  Forces. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Thursday  the  thirtieth 
day  of  June  Instant  L  have  thought  fit  for  his  Majesty's  Service  to  adjourn,  and  I  do  by  and  with 
the  Advice  of  His  Majesty's  Council  further  adjourn  the  said  General  Assembly,  to  Thursday 
ihe  fourteenth  clay  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  nt  Arms  at  Fort  George  in  the  City  of  Nciv  York, 
the  twenty  second  day  of  June  1703  in  the  third  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King,  Defender  of  the  Faith  and  so  forth. 

ROB1  MONCKTON. 
BIJ  His  Excellences  Command 

Gw  BANYAR  D  S£cry. 

God  save  the  KING. 


[N.T.  Col.  MS3.,  XCII.,  16.] 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Thursday  the 
fourtectiih  day  of  July  Instant,  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I  do 
by  and  with  the  Advice  of  his  Majesty's  Council  Prorogue  the  said  General  Assembly  to 
Thursday  the  eleventh  day  of  August  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  thirteenth  day  of  July  17(53  in  the  third  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  SHcry. 

God  save  the  KING. 


1508  Journal  of  the  Legislative  Council  of  New  York.  [ 

[N.  T.  Col.  MSS.,  XCII.,  26.] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Thursday  the  Eleventh 
day  of  August  Instant  I  have  thought  fit  for  His  Majesty's  Service  to  Prorogue,  and  I  do  by  and 
with  the  advice  of  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to  Thursday 
the  fifteenth  day  of  September  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  tenth  day  of  August  1763  in  the  third  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Sdcry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCII.,  30.) 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esqr  His  Majesty's  Lieutenant    Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Thursday  the 
fifteenth  day  of  September  Instant,  I  have  thought  fit  for  Majesty's  Service  to  Prorogue,  and  I  do 
by  and  with  the  advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to 
Tuesday  the  eighth  day  of  November  next,  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  fourteenth  day  of  September  1763  in  the  third  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain, 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honours  Command 

Gw  BANYAR  D  SHcry. 

God  save  the  KING. 


1763.J  Cadwattader  Golden,  Esq :  Lieut.  Governor.  1509 

TWENTY  NINTH  ASSEMBLY    SIXTH  SESSION. 


At  a  Session  of  the  Governor  Council  and  General  Assembly  of  the  Province  of 
New  York,  begun  and  holden  at  the  Council  Chamber  in  Fort  George  in  the  City  of 
New  York,  on  Tuesday  the  Eighth  day  of  November  in  the  fourth  year  of  the 
Reign  of  our  Sovereign  Lord  George  the  Third,  by  the  Grace  of  God  of  Great 
Britain,  France  and  Ireland  King,  Defender  of  the  Faith  and  so  forth,  and  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  sixty  three. 

The  General  Assembly  having  on  the  eleventh  day  of  December  1762  by  the  Directions  of 
his  Excellency  the  Honoble  Robert  Monckton  Captain  Genereal  and  Governor  in  Chief  of  this 
Province,  been  adjourned  to  Tuesday  the  first  day  of  February  1763,  His  Excellency  was  pleased 
by  sundry  Proclamations  farther  to  adjourn  them,  on,  and  to  the  Times  following.  On  the  twenty 
sixth  day  of  January,  to  the  seventeenth  day  of  February.  On  the  sixteenth  day  of  February,  to 
the  third  day  of  March.  On  the  second  day  of  March  to  the  twenty  fourth  of  the  same  Month. 
On  the  sixteenth  day  of  March,  to  the  seventh  day  of  April.  On  the  sixth  day  of  April  to  the 
twenty  eighth  day  of  the  same  Month.  On  the  twentieth  day  of  April  to  the  nineteenth  day 
of  May.  On  the  Eighteenth  day  of  May,  to  the  sixteenth  day  of  June.  On  the  Eighth  day  of 
June,  to  the  thirtieth  day  of  the  same  Month.  And  on  the  twenty  second  day  of  June  to  the 
fourteenth  day  of  July.  And  his  Excellency  being  embarked  for  England  before  that  Day  ;  The 
Honoble  Cadwallader  Golden  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in  Chief, 
of  the  said  province,  was  pleased  by  proclamation  on  the  thirteenth  day  of  July  now  last  past, 
to  prorogii"  the  General  Assembly  to  the  eleventh  day  of  August.  And  on  the  tenth  day  of 
August,  His  Honour  was  pleased  by  proclamation  farther  to  prorogue  the  General  Assembly  to 
the  {fifteenth  day  of  September.  And  on  the  fourteenth  day  of  September  last,  his  Honour  was 
pleased  by  proclamation  farther  to  prorogue  the  General  Assembly  to  this  Day,  then  to  meet 
to  proceed  on  Business. 

The  Council  met  accordingly. 

PRESENT — The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  til  3  o'Clock  to  Morrow  in  the  Afternoon. 


Wednesday,  the  Ninth  day  of  November,  1763.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Honoble  Cadwallader  Golden  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in 
chief  of  the  Province  of  New  York,  being  come  to  the  Council  Chamber  sent  a  Message  requiring 
the  immediate  attendance  of  the  General  Assembly  in  the  Council  chamber  in  Fort  George. 

The  General  Assembly  attending  accordingly,  His  Honour  the  Lieutenant  Governor  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. 

His  Honour  the  Lieutenant  Governor  having  left  the  Council  Chamber,  and  the  General 
Assembly  returning  to  the  Assembly  Chamber 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Honour  the  Lieutenant  Governor's  speech  be  read. 

Then  the  speech  was  read,  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows  : 


1510  Journal  of  the  Legislative  Council  of  New  York.  [ 


2o!b 


Gentlemen  of  the  Council  and  General  Assembly, 

The  great  and  desirable  Work  of  Peace,  being  by  the  Wisdom  and  Magnanimity  of  our 
gracious  Sovereign  happily  accomplished  since  your  Recess,  I  cordially  congratulate  you 
on  this  joyfull  Event  so  highly  glorious  to  his  Majesty,  and  extensively  Beneficial  to  his 
People.  His  American  Subjects,  who  will  derive  from  it  a  Security  unknown  since  the  first 
Establishment  of  these  Colonies,  must  receive  this  Mark  of  the  royal  Attention  to  their  Interest 
and  Safety,  with  the  warmest  Sentiments  of  Loyalty,  Gratitude  and  Affection. 

The  Enjoyment  of  solid  Tranquility,  is  however  unhappily  suspended,  by  the  daring  and 
unprovoked  Attacks  of  some  of  the  Western  Tribes  of  Indians,  who  under  the  specious 
Appearance  of  Friendship,  have  treacherously  surprized  some  of  our  remote  Posts,  and  are  in 
open  War  renewing  with  relentless  Cruelty,  that  Horror  and  Desolation  among  the  defenceless 
Inhabitants  from  which  they  were  so  recently  delivered. 

To  suppress  this  dangerous  Defection  pregnant  with  the  most  fatal  Evils  before  it  becomes 
more  extensive  and  formidable,  is  our  indispensible  Duty. 

The  Preservation  of  our  own  Frontier,  should  be  our  first  and  immediate  Care,  every  Motive 
of  Policy  Justice  and  Humanity,  unitedly  demanding  the  Protection  of  our  fellow  Subjects, 
whose  distant  an'd  dispersed  Situation  must  otherwise  leave  them  an  easy  Prey  to  merciless 
Savages. 

But  barely  to  defend  ourselves,  would  be  giving  the  Enemy  every  Advantage,  and  expose  us 
to  perpetual  Disquietude.  It  is  necessary  a  Force  should  be  raised,  sufficient  to  chastise  these 
faithless  People,  that  feeling  the  Weight  of  our  Resentment,  they  may  be  awed  for  the  future, 
by  the  Fear  of  Punishment;  Experience  evincing,  that  destitute  of  every  just  and  humane 
Principle,  nothing  else  can  secure  us  against  their  continual  Ravages  and  Depredations. 

Since  then,  not  only  the  Prosperity  of  the  Colony,  but  the  very  Existence  of  a  great  Part  of 
it,  depend  on  the  most  active  and  spirited  Measures,  no  Arguments  can  be  wanting  to 
animate  you  to  a  vigorous  Exertion  of  your  Strength  in  the  Accomplishment  of  this  essential 
Object. 

I  shall  therefore  content  myself  with  laying  before  you  a  Letter,  I  received  from  his 
Excellency  Sir  Jeffery  Amherst,  Commander  in  Chief  of  his  Majesty's  Forces,  pressing  this 
Government  to  furnish  a  Proportion  of  Men,  to  proceed  early  in  the  Spring,  in  Conjunction  with 
the  regular  Troops,  on  this  important  Service  ;  Did  the  Subject  require  it,  his  superior  Abilities 
would  render  it  unnecessary  for  me,  to  enforce  what  he  so  wisely  urges  for  subduing  that 
restless  fierce  and  cruel  Spirit  of  the  Savages,  the  Source  of  the  most  dreadful  Calamities. 

Gentlemen  of  the  General  Assembly, 

I  flattered  myself  the  ordinary  support  of  his  Majesty's  Government,  would  have  been  the 
only  Aid  required  of  you  at  this  Time,  But  the  unexpected  Revolt  of  the  Indians,  renders  a 
much  greater  Expence  unavoidable.  Besides  providing  for  the  Company  now  posted  at  Fort 
Ontario,  Niagara  and  Detroit,  which  General  Monckton,  by  the  Advice  of  his  Majesty's  Council, 
a  few  Days  before  his  Departure,-  directed  to  be  continued  on  that  Service,  I  earnestly 
recomend  you  will  grant  the  necessary  Supplies  for  raising,  cloathing,  and  paying  a  Body  of 
Forces,  sufficient  with  the  other  Troops,  to  avert  the  Dangers  we  fear,  avenge  the  Injuries  we 
have  received,  and  convince  the  Savages  of  our  Ability  to  compel  them  to  Submission. 

Gentlemen  of  the  Council  and  General  Assembly, 

The  Enemy  have  already  infested  the  Border  of  Orange  and  Ulster,  and  tho'  I  am 
confident  of  the  Spirit  and  Activity  of  the  Militia,  yet  as  this  Duty  will  soon  be  too  severely 
felt,  I  assure  myself  you  will  enable  me  to  ease  them,  and  by  the  most  vigorous  Resolutions  in 
this  important  Conjuncture,  secure  to  yourselves,  the  great  Advantages  of  a  Peace  peculiarly 
calculated  for  the  Happiness  of  America. 

Fort  George,  New  York,  CADWALLADER  COLDEN. 

9th  Nov.  1703. 

Ordered,  that  his  Honour's  speech  be  forthwith  printed. 

Mr  Do  Lancey  then  moved  that  an  humble  address  might  be  presented  by  this  House  to  his 
Honour,  in  answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  by  this  House  accordingly. 

Ordered,  that  Mr  Watts,  Mr  Walton  and  Mr  De  Lancey  be,  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  lay  the  same  before  this  House 
on  Friday  next. 

The  Council  adjourned  till  Friday  10  o'clock. 


1763.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1511 

Friday,  the  Eleventh  day  of  November,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobl6  DANIEL  HORSJIANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET,  Esq™ 

Earl  of  STIRLING. 

Mr  Watts  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  be 
presented  to  his  Honour  the  Lieutenant  Governor  by  this  House  ;  Reported  that  the  Committee 
had  prepared  the  Draft  of  an  Address  accordingly,  which  he  read  in  his  place,  and  then 
delivered  the  same  in  at  the  Table,  where  the  same  was  again  read,  and  being  agreed  to  was 

Ordered  to  be  Engrossed. 

The  Engrossed  Address  to  his  Honour  the  Lieutenant  Governor  was  read. 

Ordered,  that  the  Speaker  do  sign  the  said  Address  in  behalf  of  this  House,  who  having  signed 
the  same  accordingly. 

Ordered,  that  Mr  Watts  and  the  Earl  of  Stirling  do  wait  on  his  Honour  the  Lieutenant 
Governor,  and  desire  to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their 
Address. 

Mr  Watts  and  the  Earl  of  Stirling  being  returned,  Reported  that  they  had  waited  on  his 
Honour  the  Lieutenant  Governor,  and  delivered  the  said  Message,  and  that  he  was  pleased 
to  say,  he  would  receive  the  Council's  Address  immediately. 

The  Speaker  left  the  Chair  and 

With  the  Council  went  to  present  the  humble  address  of  this  House  to  his  Honour  the 
Lieutenant  Governor,  and  being  returned 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  attended  on  his  Honour  the  Lieutenant  Governor,  and  presented  to  him 
the  humble  address  of  this  House,  His  Honour  had  been  pleased  to  return  a  favourable  Answer 
thereto,  which  he  delivered  in  at  the  Table,  where  the  same  was  read. 

Ordered  that  the  said  Address  and  Answer  be  entered  in  the  Minutes  of  this  House  which 
are  as  follow 

To  the  Honoble  CADWALLADER  GOLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander 
iu  Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour, 

We  his  Majesty's  most  dutiful  and  loyal  Subjects  the  Council  of  the  Province  of  New  York, 
returning  your  Honour  our  hearty  thanks  for  your  Speech,  beg  leave  to  present  our  cordial 
congratulations  on  the  Re  Establishment  of  the  publick  Tranquility,  by  a  Peace  so  highly 
glorious  to  our  illustrious  Sovereign,  and  eminently  advantageous  to  his  people.  Sensible  of 
the  solid  and  lasting  security  it  will  derive  to  his  Majesty's  American  Subjects,  We  acknowledge 
with  the  utmost  Gratitude  this  distinguished  Instance  of  his  Royal  and  Paternal  Care  for  then- 
Happiness  and  Prosperity. 

It  is  with  the  greatest  concern  we  see  this  happy  prospect  for  a  time  interrupted,  by  the 
unnatural  Revolt  of  some  of  the  Indian  Tribes  whose  disobedience  &  cruelty,  merit  the  severest 
chastisement,  and  as  a  conduct  vigorous  and  spirited,  can  only  bring  them  to  a  sense  of  their 
duty  your  Honour  may  be  assured  of  our  hearty  concurrence  in  every  Measure,  that  can  avert 
the  dangers  we  have  to  fear,  avenge  the  Insults  we  have  sustained,  and  convince  those  merciless 
savages  of  both  our  Ability  and  resolution  to  compel  them  to  a  due  submission. 

By  order  of  the  Council 

DAN  :  HORSMANDEN  Speaker. 

To  which  his  Honour  was  pleased  to  return  the  following  answer. 

Gentlemen, 

I  thank  you  very  heartily  for  this  Address  your  Loyalty  and  your  Zeal  in  the  publick  service 
have  on  all  occasions  been  conspicuous. 
Fort  George  New  York,  CADWALLADER  GOLDEN. 

11th  November  1763. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  to  Tuesday  the  29th  day  of  November  at  10  o  Clock  in  the  Morning. 


1512  Journal  of  the  Legislative  Council  of  New  York.  [**£  £™™- 

Tuesday,  the  29'A  day  of  November,  1763. 

The  Council  met  according  to  adjournment. 
PRESENT —  The  Honotle  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Alderman  Livingston  and  Mr  Bayard  with  the  Bill 
Entituled  [An  Act  further  to  continue  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  passed 
in  the  Eleventh  year  of  the  Reign  of  His  late  Majesty  King  George  the  Second]  desireing  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. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Wisner  with  the  Bill 
Entituled  [An  Act  further  to  Continue  An  Act  Entituled  An  Act  for  granting  to  His  Majesty 
the  several  Duties  and  impositions  on  Goods  Wares  and  Merchandizes  imported  into  this 
Colony  therein  mentioned]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Livingston  and  Mr  Verplanck,  with  the  Bill 
Entituled  [An  Act  impowering  those  who  shall  be  appointed  Foremen  of  Grand  Juries  to 
Administer  the  usual  Oath  to  such  Witnesses  as  are  to  be  examined  before  them]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Henry  Livingston  and  Mr  Ten  Brook,  with  the 
Bill  Entituled  [An  Act  directing  when  the  Supervisors  and  Assessors  of  Dutchess  County  shall 
meet]  desireing  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. 

A  Message  from  the  General  Assembly  by  Coll  Seaman  and  Mr  De  Lancey  with  the  Bill 
Entituled  [An  Act  for  Collecting  the  Duty  of  Excise  on  strong  Liquors  retailed  in  this  Colony 
from  the  first  day  of  January  One  thousand  seven  hundred  and  sixty  four  to  the  first  day  of 
January  One  thousand  seven  hundred  and  sixty  five  inclusive]  desireing  the  Coucurrence  of  the 
Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  second  reading. 

A  Message  from  the  General  Assembly  by  Coll  Haasbrouck  and  Mr  Wisner  with  the  Bill 
Entituled  [An  Act  to  enable  the  freeholders  and  Inhabitants  of  the  Manor  of  Fox  hall  in  Ulster 
County  to  chuse  Assessors  and  one  Collector  and  the  fret-holders  and  Inhabitants  of  the  Precinct 
of  Meraakatting  in  the  said  County  to  chuse  a  Collector]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Verplanck  with  the  Bill 
Entituled  [An  Act  to  revive  An  Act  Entituled  An  Act  to  prevent  the  bringing  in  and  spreading 
Infectious  Distempers  in  this  Colony  with  an  Addition  thereto]  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. 

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Mr  Thomas  with  the  Bill 
Entituled  [An  Act  for  the  Relief  of  the  Poor  in  the  Manor  of  Cortlandt  in  the  County  of 
Westchester]  desireing  the  Concurrence  of  the  Council  thereto. 


1763.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1513 

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  in  the  Afternoon. 


Tuesday,  the  twenty  ninth  day  of  November,  1763.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq™, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  further  to  continue  the  Currency  of  the  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  passed  in  the  Eleventh  Year  of  the  Reign  of  his  late  Majesty  King  George  the 
Second]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  His 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  impowering  those  who  shall  be  appointed  Foremen  of  Grand 
Juries  to  Administer  the  usual  Oath  to  such  Witnesses  as  are  to  be  examined  before  them]  was 
read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  directing  when  the  Supervisors  and  Assessors  of  Dutches  County 
shall  meet]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  Collecting  the  Duty  of  Excise  on  strong  Liquors  retailed  in 
this  Colony  from  the  first  of  January  one  thousand  seven  hundred  and  sixty  four  to  the  first 
day  of  January  one  thousand  seven  hundred  and  sixty  five  Inclusive]  was  read  the  second 
Time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Manor  of  Fox 
Hall  in  Ulster  County  to  chuse  Assessors  and  one  Collector;  and  the  Freeholders  and 
Inhabitants  of  the  Precinct  of  Memakating  in  the  said  County,  to  chuse  a  Collector]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  revive  An  Act  Entituled  An  Act  to  prevent  the  bringing  in 
and  spreading  Infectious  Distempers  in  this  Colony  with  an  Addition  thereto]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  relief  of  the  Poor  in  the  Manor  of  Cortlandt  in  the 
County  of  West  Chester]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  Adjourned  till  Tomorrow  Morning  10  o  Clock. 


190 


1514  Journal  of  the  Legislative  Council  of  New  York. 

Wednesday,  the  thirtieth  day  of  November,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honohle  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  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  passed  in  the  eleventh 
year  of  the  Reigu  of  his  late  Majesty  King  George  the  Second]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  Irnpowering  those  who  shall  be  appointed  Foremen  of  Grand  Juries,  to  administer  the 
usual  Oath  to  such  Witnesses  as  are  to  be  examined  before  them]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  directing  when  the  Supervisors  and  Assessors  of  Dutches  County  shall  meet]  and  after 
sometime  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  Collecting  the  duty  of  Excise  on  Strong  Liquors  Retailed  in  this  Colony,  from  the 
first  of  January  One  thousand  Seven  hundred  and  Sixty  four  to  the  first  Day  of  January 
One  thousand  Seven  hundred  and  sixty  five  Inclusive]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Manor  of  Fox  Hall,  in  Ulster  County,  to 
Chuse  Assessors  and  one  Collector;  and  the  Freeholders  and  Inhabitants  of  the  Precinct  of 
Memakatting  in  the  said  County  to  Chuse  a  Collector]  And  after  sometime  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  said  Bill 

Ordered  a  third  reading. 


1763.]  Cadwallader  Colden,  Esq :  Lieut.  Governor.  1515 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  Whole  House  on  the  Bill  Entituled  [An 
Act  for  the  Relief  of  the  Poor  in  the  Manor  of  Cortlandt,  in  the  County  of  West  Chester]  and 
after  sometime  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  first  day  of  December,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Coll  Haasbrouck  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  further  to  Continue  the  several  Acts  therein  mentioned  relative  to  the  Militia 
of  the  Colony  of  New  York]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Lispenard  and  Mr  Bayard  with  the  Bill  Entituled 
[An  Act  to  impower  Sir  William  Baker  Knight  and  Robert  Charles  Esqr  of  London  to 
receive  the  sum  that  shall  be  allotted  to  this  Colony  by  His  Majesty  out  of  the  sum  of  one 
hundred  thirty  three  thousand  three  hundred  and  thirty  three  Pounds  six  shillings  and  Eight 
Pence  granted  by  Parliament  for  the  Northern  Colonies,  towards  defraying  the  Expence 
of  the  Campaign  of  the  Year  One  thousand  seven  hundred  and  sixty  one]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Philip  Livingston  with  the  Bill 
Entituled  [An  Act  to  Impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  to  Order  the  raising  a  sum  not  exceeding  fourteen  hundred  Pounds  for  the  purposes 
therein  mentioned]  desireing  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. 

A  Message  from  the  General  Assembly  by  Capt  Douw  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  to  raise  levy  and  Collect  a  sum  not  exceeding  two  hundred  Pounds  in  the 
City  and  County  of  Albany  to  finish  and  compleat  two  Goals  in  the  Court  House  in  the  said 
City]  desireing  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  Bill  Entituled  [An  Act  further  to  continue  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  passed  in  the  Eleventh  Year  of  the  Reign  of  His  late  Majesty  King  George  the 
Second]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  impowering  those  who  shall  be  appointed  Foremen  of  Grand 
Juries,  to  Administer  the  usual  Oath  to  such  Witnesses  as  are  to  be  examined  before  them] 
was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 


1516  Journal  of  the  Legislative  Council  of  New  York.  E^th  se"?"' 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  directing  when  the  Supervisors  and  Assessors  of  Dutches  County 
shall  meet]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony,  from  the  first  of  January  One  thousand  seven  hundred  and  Sixty  four,  to  the  first 
day  of  January  one  thousand  seven  hundred  and  sixty  five  inclusive]  was  read  the  third  time, 
and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  Enable  the  Freeholders  and  Inhabitants  of  the  Manor  of 
Fox  Hall  in  Ulster  County  to  chuse  Assessors  and  one  Collector;  and  the  Freeholders  and 
Inhabitants  of  the  Precinct  of  Memakatting  in  the  said  County,  to  chuse  a  Collector]  was  read 
the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  for  the  relief  of  the  Poor  in  the  Manor  of  Cortlandt  in  the  County 
of  Westchester]  was  read  the  third  time  and 

On  the  Question  being  put 

Rfsolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bills  without  any  Amendment. 

The  Council  adjourned  till  4  o  Clock  in  the  Afternoon. 


Thursday,  the  Is'  day  of  December,  1763.     P.    M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  further  to  continue  the  several  acts  therein  mentioned,  relative  to 
the  Militia  of  the  Colony  of  New  York,]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  impower  Sir  William  Baker  Knight  and  Robert  Charles 
Esquire  of  London,  to  receive  the  sum  that  shall  be  allotted  to  this  Colony  by  his  Majesty,  out 
of  the  sum  of  one  hundred  and  thirty  three  thousand,  three  hundred  and  thirty  three  Pounds 
Six  Shillings  and  Eight  Pence,  granted  by  Parliament  for  the  Northern  Colonies,  towards 
defraying  the  Expence  of  the  Campaign  of  the  Year  one  thousand  seven  hundred  and  sixty  one] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the 
City  of  New  York  to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  Pounds  for  the 
purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  raise  levy  and  Collect  a  sum  not  exceeding  two  hundred  Pounds 
in  the  City  and  County  of  Albany,  to  finish  and  compleat  two  Goals  in  the  courthouse  in  the 
said  City]  was  read  the  second  time  and 

Ordered  to  be  committed 

The  Council  adjourned  till  11  o  Clock,  to  Morrow  Morning 


1763.]  Cadiodlader  Golden,  Esq :  Lieut.  Governor.  1517 

Friday,  the  second  day  of  December,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honob!6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  the  several  Acts  therein  mentioned  relative  to  the  Militia  of  the  Colony 
of  New  York]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bills  and  the  Bill  Entituled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the 
Manor  of  Fox  Hall  in  Ulster  County,  to  chuse  assessors  and  one  collector;  and  the  Freeholders 
&  Inhabitants  of  the  Precinct  of  Memakatting  in  the  said  County  to  chuse  a  Collector] 
without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  impower  Sir  William  Baker  Knight  and  Robert  Charles  Esquire  of  London  to  receive 
the  sum  that  shall  be  allotted  to  this  Colony  by  his  Majesty,  out  of  the  sum  of  One  hundred  and 
thirty  three  thousand  three  hundred  and  thirty  three  Pounds  Six  Shillings  and  Eight  Pence, 
granted  by  Parliament  for  the  Northern  Colonies  towards  defraying  the  Expence  of  the 
Campaign  of  the  Year  One  thousand  seven  hundred  and  Sixty  One]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  to 
Order  the  raising  a  sum  not  exceeding  fourteen  hundred  Pounds,  for  the  purposes  therein 
mentioned]  and  after  sometime  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  rais  Levy  and  Collect  a  sum  not  exceeding  two  hundred  Pounds  in  the  City  and  County 
of  Albany  to  finish  and  Compleat  two  Goals  in  the  Court  house  in  the  said  City]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair  and 


1518  Journal  of  the  Legislative  Council  of  New  York. 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Earl  of  Stirling  do  acquaint  the  General  Assembly,  that  the  Council  have 
passed  the  last  mentioned  three  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  His  Majesty  the  several  Duties 
and  Impositions  on  Goods  Wares  &  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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. 

Ordered,  that  the  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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  Amendment. 

The  Council  Adjourned  till  Wednesday  next  at  11  o  Clock  in  the  Morning. 


Wednesday,  the  seventh  day  of  December,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono™6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCET,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Miller — with  the  Bill  Entituled 
[An  Act  for  the  better  regulating  the  Taxation  of  Estates  in  the  Counties  of  Richmond  and 
Suffolk]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Captain  Seaman  with  the  Bill 
Entituled  [An  Act  to  enable  the  Supervisors  of  Suffolk  County  to  raise  the  sum  of  three 
thousand  and  forty  one  Pounds  sixteen  shilling  and  four  pence  three  farthings,  due  from  the 
said  County  on  the  Acts  therein  mentioned,  and  other  incidental  Charges  of  'the  said  County] 
desireing  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. 


1763.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1519 

Wednesday,  the  seventh  day  of  December,  1763.     Post  Meridiem. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HmwMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  the  better  regulating  the  Taxation  of  Estates  in  the  Counties 
of  Richmond  and  Suffolk]  was  read  the  second  Time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  enable  the  Supervisors  of  Suffolk  County  to  raise  the  Sum  of 
three  thousand  and  forty  one  pounds,  sixteen  Shillings  and  four  pence  three  farthings,  due  from 
the  said  County  on  the  Act  therein  mentioned,  and  other  incidental  Charges  of  the  said  County] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  eighth  day  of  December,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honobl6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Brook  and  Mr  Wisner  with  the  Bill  Entituled 
[An  Act  providing  for  three  hundred  effective  Men,  exclusive  of  Officers,  to  be  employed  against 
the  Enemy  Indians;  and  for  one  hundred  and  seventy  three  Men,  Officers  included,  to  garison 
several  Forts  on  the  Frontiers  of  this  Colony,  in  such  Manner  as  the  Commander  in  Chief  of 
all  his  Majesty's  Forces  in  North  America,  shall  think  proper;  and  also  for  three  hundred 
effective  Men,  exclusive  of  officers  to  guard  the  Western  Frontiers  of  this  Colony,  under  the 
Direction  of  the  Governor  or  Commander  in  Chief  thereof]  desireing  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,  the  8th  day  of  December,  1763.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honobte  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  providing  for  three  hundred  effective  Men,  exclusive  of  Officers, 
to  be  employed  against  the  Enemy  Indians;  and  for  one  hundred  and  seventy  three  Men, 
Officers  included,  to  garison  several  Forts  on  the  Frontiers  in  this  Colony,  in  such  Manner  as 
the  Commander  in  chief  of  all  his  Majesty's  B\>rces  in  North  America,  shall  think  proper :  and 
also  for  three  hundred  effective  Men,  exclusive  of  Officers,  to  guard  the  Western  Frontiers  of 
this  Colony,  under  the  Direction  of  the  Governor  or  Commander  in  chief  thereof]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  H  o  Clock. 


1520  Journal  of  the  Legislative  Council  of  New  York.  [2e'tS  sS™' 

Friday,  the  Ninth  day  of  December,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCET,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Alderman  Livingston  with  the  Bill 
Entituled  [An  Act  to  regulate  the  Pilots  and  establish  their  Pilotage  between  Sandy  Hook 
and  the  port  of  New  York  and  other  Purposes  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  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  revive  An  Act  intituled  An  Act  to  prevent  the  bringing  in  and  spreading  infectious 
Distempers  in  this  Colony,  with  an  addition  thereto]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  3  o  Clock  in  the  Afternoon. 


Friday,  the  ninth  day  of  December,  1763.     Post  Meridiem. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honobl6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCET,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  regulate  the  pilots  and  establish  their  Pilotage  between  Sandy 
Hook  and  the  Port  of  New  York,  and  other  purposes  therein  mentioned]  was  read  the  second 
Time,  and 

Ordered  to  be  Committed. 

The  Council  adjourned  untill  to  Monday  Morning  11  o  Clock. 


Monday,  the  twelfth  day  of  December,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Justice  Livingston  and  Mr  Lispenard  with  the 
Bill  Entituled  [An  Act  for  raising  three  thousand  pounds  by  way  of  Lottery,  to  be  laid  out  in 
a  Bounty  on  Hemp  to  be  raised  in  this  Colony]  desireing  the  Concurrence  of  the  Council 
thereto. 


1763.]  Cadwalladcr  Golden,  Esq :  Lieut.  Governor.  1521 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Coll  Seaman  with  the  Bill 
Entituled  [An  Act  Impowering  John  Cruger,  Robert  It.  Livingston,  Philip  Livingston,  Leonard 
Lispenard,  and  William  Bayard  Esquires,  to  receive  from  the  Colony  of  Pensylvania  the  sum  of 
four  thousand  three  hundred  and  Sixty  Eight  Pounds  two  Shillings  and  Sixpence  Sterling, 
overpaid  to  the  said  Colony  out  of  the  Parliamentary  Grant  for  the  Service  of  the  Year  One 
thousand  seven  hundred  and  sixty]  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. 

A  Message  from  the  General  Assembly  by  Major  Lispenard  and  Mr  Bayard  with  the  Bill 
Entituled  [An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage  of  Ships  and  other  Vessels 
using  the  Wharfs  within  the  Limits  therein  mentioned]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Justice  Livingston  and  Mr  Thomas  with  the 
Bill  Entituled  [An  Act  to  appoint  Commissioners  for  licencing  Taverns  and  reducing  their 
number  in  Dutches  County]  desireing  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  Bill  Entituled  [An  Act  to  revive  an  Act  Entituled  An  Act  to  prevent  the  bringing  in  and 
spreading  infectious  distempers  in  this  Colony,  with  an  addition  thereto]  was  read  the  third 
time  and 

On  the  Question  being  put. 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  providing  for  three  hundred  effective  Men,  exclusive  of  Officers,  to  be  employed  against 
the  Enemy  Indians;  and  for  one  hundred  and  seventy  three  Men,  Officers  included,  to  Garrison 
several  Forts  on  the  Frontiers  in  this  Colony,  in  such  Manner  as  the  Commander  in  Chief  of  all 
His  Majesties  Forces  in  North  America  shall  think  proper ;  and  also  for  three  hundred  effective 
Men,  exclusive  of  Officers,  to  guard  the  Western  Frontiers  of  this  Colony,  under  the  Direction 
of  the  Governor  or  Commander  in  Chief  thereof]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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  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  R'  Honoble  the  Earl  of  Stirling  do  acquaint  the  General  Assembly  that  the 
Council  have  passed  the  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled,  [An 
Act  for  the  better  regulating  the  Taxation  of  Estates  in  the  Counties  of  Richmond  and  Suffolk] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  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  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Supervisors  of  Suffolk  County  to  raise  the  sum  of  three  Thousand  and  forty 
one  Pounds  Sixteen  Shillings  and  four  Pence  three  farthings,  due  from  the  said  County  on  the 
Acts  therein  mentioned,  and  other  incidental  Charges  of  the  said  County]  and  after  some  time 
spent  therein, 

191 


15'22  Jo urnal  of  the  Legislative  Council  of  New  York.  [2c!u  seS' 

The  Speaker  resumed  the  Chair,  and 

Mr  Walton  from  the  Committee  of  the  whole  House,  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  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  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  regulate  the  Pilots,  and  establish  their  Pilotage,  between  Sandy  Hook  and  the  Port  of 
New  York;  and  other  Purposes  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

The  Earl  of  Stirling  from  the  Committee  of  the  whole  House  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  beino:  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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  three  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  4  o  Clock  in  the  Afternoon. 


Monday,  the  twelfth  Day  of  December,  1763,  4  o1  Clock.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  raising  three  Thousand  Pounds  by  way  of  Lottery,  to  be  laid 
out  in  a  Bounty  on  Hemp  to  be  raised  in  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  impowering  John  Cruger,  Robert  R.  Livingston,  Philip  Livingston, 
Leonard  Lispenard  and  William  Bayard  Esquires,  to  receive  from  the  Colony  of  Pensylvania, 
the  sum  of  four  thousand  three  hundred  and  Sixty  Eight  Pounds  two  Shillings  and  six  Pence 
Sterling,  overpaid  to  the  said  Colony,  out  of  the  Parliamentary  Grant  for  the  Service  of  the 
year  one  thousand  seven  hundred  and  sixty]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage  of  Ships,  and 
other  Vessells  using  the  Wharfs  within  the  Limits  therein  mentioned]  was  read  the  second 
time,  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  appoint  Commissioners  for  licensing  Taverns,  and  reducing 
their  Number  in  Dutches  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1763.]  Cadwallader  Golden,  Esq:  Lieut  Governor.  1523 

Tuesday,  the  thirteenth  day  of  December,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  to  appoint  Commissioners  for  licensing  Taverns  and  reducing  their  Number  in  Dutchess 
County]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

The  Earl  of  Stirling  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

Tnen  the  said  Bill  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  the  Earl  of  Stirling  do  accquaint  the  General  Assembly  that  the  Council  have 
passed  the  said  Bill  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Coll  Haring  with  the  Bill  Entituled 
[An  Act  to  continue  An  Act  entituled  an  Act  to  impower  Justices  of  the  Peace  Mayors 
Recorders  and  Aldermen  to  try  Causes  to  the  Value  of  five  Pounds  and  under,  and  for  repealing 
an  Act  therein  mentioned]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Ten  Broock  with  the  Bill 
Entituled  [An  Act  to  regulate  the  Gauging  of  Wine  Rum  and  other  Spirituous  Liquors  Molasses 
and  other  purposes  therein  mentioned]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Bayard  with  the  Bill  Entituled 
[An  Act  to  lay  a  Duty  of  Tonnage  on  Vessels,  for  defraying  the  Expence  of  the  Light  House 
on  Sandy  Hook]  desireing  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Coll  Philipse  with  the  Bill 
Entituled  [An  Act  to  prevent  hunting  with  fire  arms  in  the  City  of  New  York,  and  the  liberties 
thereof]  desireing  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. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  deputy  Secretary,  requiring  the  immediate  attendance  of  the  General  Assembly;  and  the 
General  Assembly  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  the  General  Assembly, 
was  pleased  to  give  his  Assent  to  seventeen  Bills  the  Titles  whereof  are  as  follows  viz' 

An  Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  Imported  into  this  Colony  therein 
mentioned. 

An  Act  providing  for  three  hundred  effective  Men  exclusive  of  Officers,  to  be  employed 
against  the  Enemy  Indians;  and  for  one  hundred  and  Seventy  three  Men,  Officers  included,  to 
Garrison  several  Forts  on  the  Frontiers  of  this  Colony,  in  such  manner  as  the  Commander  in 
Chief  of  all  His  Majesty's  Forces  in  North  America  shall  think  proper  •  and  also  for  three 
hundred  effective  Men,  exclusive  of  Officers,  to  guard  the  Western  frontiers  of  this  Colony, 
under  the  direction  of  the  Governor  or  Commander  in  Chief  thereof. 


1524  Journal  of  the  Legislative  Council  of  New  York.  [^  £***£; 

An  Act  further  to  continue  the  several  Acts  therein  mentioned  relative  to  the  Militia  of  the 
Colony  of  New  York. 

An  Act  for  collecting  the  duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
first  of  January  one  thousand  seven  hundred  and  sixty  four  to  the  first  day  of  January  one 
thousand  seven  hundred  and  sixty  five  inclusive. 

An  Act  further  to  continue  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,  passed  in  the 
eleventh  Year  of  Reign  of  his  late  Majesty  King  George  the  Second. 

An  Act  to  revive  An  Act  Entituled  An  Act  to  prevent  the  bringing  in  and  Spreading  Infectious 
Distempers  in  this  Colony  with  an  Addition  thereto. 

An  Act  to  regulate  the  Pilots  and  establish  their  Pilotage  between  Sandy  Hook  and  the  Port 
of  New  York  and  other  Purposes  therein  mentioned. 

An  Act  to  impower  Sir  William  Baker  Knight  and  Robert  Charles  Esquire  of  London  to 
receive  the  sum  that  shall  be  allotted  to  this  Colony  by  His  Majesty  out  of  the  sum  of  one 
hundred  and  thirty  three  thousand  three  hundred  and  thirty  three  Pounds  six  shillings  and 
Eight  Pence  granted  by  Parliament  for  the  Northern  Colonies  towards  defraying  the  Expence 
of  the  Campaign  of  the  Year  one  thousand  seven  hundred  and  sixty  one. 

An  Act  impowering  those  who  shall  be  Foremen  of  Grand  Juries  to  administer  the  usual  Oath 
to  such  Witnesses  as  are  to  be  examined  before  them. 

An  Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York, 
to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  Pounds  for  the  purposes  therein 
mentioned. 

An  Act  to  raise  Levy  and  Collect  a  Sum  not  exceeding  two  hundred  Pounds  in  the  City  and 
County  of  Albany,  to  finish  and  compleat  two  Goals  in  the  Court  House  in  the  said  city. 

An  Act  for  the  better  regulating  the  Taxation  of  Estates  in  the  Counties  of  Richmond  and 
Suffolk. 

An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Manor  of  Fox  Hall  in  Ulster  County 
to  chuse  Assessors  and  one  Collector  and  the  Freeholders  and  Inhabitants  of  the  Precinct  of 
Memakatting  in  the  said  County  to  chuse  a  Collector. 

An  Act  to  enable  the  Supervisors  of  Suffolk  County  to  raise  the  Sum  of  three  thousand  and 
forty  one  Pounds  Sixteen  Shillings  and  four  Pence  three  Farthings  due  from  the  said  County  on 
the  Acts  therein  mentioned,  and  other  incidental  Charges  of  the  said  County. 

An  Act  directing  when  the  Supervisors  and  Assessors  of  Dutchess  County  shall  meet. 

An  Act  for  the  Relief  of  the  Poor  in  the  Manor  of  Cortlandt  in  the  County  of  West- 
chester  and 

An  Act  to  appoint  Commissioners  for  licensing  Taverns  and  reducing  their  number  in  Dutches 
County. 

After  which  the  said  seventeen  Acts  were  published  in  the  usual  manner  and  His  Honour  the 
Lieutenant  Governor  and  the  General  Assembly  afterwards  leaving  the  Council  Chamber 
The  Speaker  resumed  the  Chair. 
The  Council  Adjourned  till  4  o'Clock  in  the  Afternoon. 


Tuesday,  the  fourteenth  day  of  December,  4  o  Clock,   P  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  IIonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq™, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  to  impower  Justices  of  the 
Peace  Mayors,  Recorders,  and  Aldermen,  to  try  Cause  to  the  Value  of  five  Pounds  and  under, 
and  for  repealing  an  Act  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  regulate  the  Gauging  of  Wine,  Rum  and  other  Spirituous 
Liquors,  Molasses,  and  other  purposes  therein  mentioned]  was  read  the  Second  time  and 


1763.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1525 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  lay  a  Duty  of  Tonnage  on  Vessels  for  defraying  the  Expences 
of  the  Light-House  on  Sandy  Hook]  was  read  the  Second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  prevent  Hunting  with  Fire  Arms  in  the  City  of  New  York 
and  the  Liberties  thereof,  was  read  the  Second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  Thursday  Morning  11  o  Clock. 


Thursday,  the  fifteenth  day  of  December,  1763. 
The  Council  met  acording  to  adjournment. 

PKESENT  —  The  How11'  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Thomas  with  the  Bill  Entituled 
[An  Act  to  repeal  and  make  void  a  Law  entitled  a  Law  for  assizing  all  kinds  of  Victuals  to  be 
set  to  sale  in  the  publick  Markets  of  this  City  ;  and  for  establishing  a  new  Assize  for  that  purpose] 
desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Bayard  with  the  Bill  Entituled 
[An  Act  to  raise  levy  and  collect  the  Sum  of  sixty  one  Pounds  nineteen  Shillings,  in  the  City 
and  County  of  New  York,  for  Services  performed  by  the  Coroner  of  the  said  City  and  County] 
desireing  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. 

Simon  Johnson  Esqr  Recorder,  and  John  Morin  Scott  and  Whitehead  Hicks  Esq™  Aldermen, 
of  the  City  of  New  York,  attending  without,  were  called  in,  and  humbly  represented  that  they 
had  been  informed  a  Bill  had  been  passed  by  the  General  Assembly,  and  was  now  depending 
before  this  House  Entituled  [An  Act  to  repeal  and  make  void  a  Law  entituled  a  Law  for  assizing 
all  kinds  of  Victuals  to  be  set  to  Sale  in  the  publick  Markets  of  this  City,  and  for  establishing 
a  new  assize  for  that  Purpose]  which  Bill  if  Enacted,  they  conceived  would  greatly  affect  the 
Franchizes  and  Liberties  granted  by  the  Royal  Charter  to  the  Corporation  of  the  said  City; 
and  therefore  in  behalf  of  the  said  Corporation,  they  humbly  prayed  they  might  have  a  copy 
of  the  said  Bill,  and  that  before  the  same  should  be  passed  by  this  House,  the  Corporation  might 
be  heard  thereupon  by  its  Council  —  And  the  said  Gentlemen  withdrawing 

Ordered,  that  a  Copy  of  the  said  Bill  be  delivered  to  the  said  Corporation,  and  that  they  do 
lay  before  this  House,  their  Reasons  in  Writing  against  the  same  being  enacted  into  a  Law,  on 
Saturday  next  at  11  o  Clock  in  the  Forenoon,  and  that  the  said  Corporation  be  then  heard  by 
its  Council  in  support  of  the  said  Reasons.  Also 

Ordered,  that  the  Doors  of  the  House  be  then  open  free  for  all  persons  to  attend  and  be 
present  at  the  Hearing. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  raising  three  thousand  Pounds  by  way  of  Lottery,  to  be  laid  out  in  a  Bounty  on  Hemp 
to  be  raised  in  this  Colony]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  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. 

The  Speaker  left  the  Chair,  and 


1526  Journal  of  the  Legislative  Council  of  New  York.  [2m£  £""•"' 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  empowering  John  Cruger,  Robert  R.  Livingston,  Philip  Livingston,  Leonard  Lispenard,  and 
William  Bayard  Esq"  to  receive  from  the  Colony  of  Pensylvania  the  sum  of  four  thousand 
three  hundred  and  Sixty  Eight  Pounds  two  Shillings  and  Six  Pence  Stirling,  over  paid  to  the 
said  Colony,  out  of  the  Parliamentary  Grant  for  the  Service  of  the  Year  one  thousand  seven 
hundred  and  Sixty]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  bad  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  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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  p;issed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  establish  the  Rates  to  be  taken  for  Wharf  ige  of  Ships  and  other  Vessels,  using  the  Wharfs 
within  the  Limits  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey,  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  lay  a  Duty  of  Tonnage  on  Vessels,  for  defraying  the  Expence  of  the  Light-House  on 
Sandy  Hook]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

The  Earl  of  Stirling  from  the  Committee  of  the  whole  House  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  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  pnss. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled 
[An  Act  to  continue  an  Act  Eiitituled  An  Act  to  impower  Justices  of  the  Peace  Mayors 
Recorders  and  Aldermen  t  >  try  Causes  to  the  Value  of  five  Pounds  and  under,  and  for  repealing 
an  Act  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled 
[An  Act  to  regulate  the  Gauging  of  Wine  Rum  and  other  Spirituous  Liquors  Molasses  and 
other  purposes  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  snid  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  to  Morrow  Morning  at  11  o  Clock. 


1763.]  Cadwallader  Colden,  Esq :  Lieut.  Governor.  1527 

Friday,  the  sixteenth  day  of  December,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honob!e  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Coll  Philipse  and  Col.  Seaman,  with  the  Bill 
Entituled  [An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the  several  Officers  of  the 
Government,  from  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  three,  to 
the  first  day  of  September  one  thousand  seven  hundred  and  sixty  four,  and  other  purposes 
therein  mentioned]  desire! ng  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. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Thomas  with  the  Bill  Entituled 
[An  Act  to  continue  An  Act  Entituled  An  Act  for  the  relief  of  Insolvent  Debtors,  and  for 
repealing  the  Acts  therein  mentioned  with  an  Addition  thereto]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Mr  Ten  Broock  with  the  Bill 
Entituled  [An  Act  for  Naturalizing  the  several  Persons  therein  mentioned]  desireing  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  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  to  impower  Justices  of  the 
Peace  Mayors  Recorders  and  Aldermen  to  try  Causes  to  the  Value  of  five  Pounds  and  under, 
and  for  repealing  An  Act  therein  mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Rcsoh-cd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  Hunting  with  Fire  Arms  in  the  City  of  New  York,  and  the  Liberties  thereof] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

The  Earl  of  Stirling  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Walton  do  Acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  lust  mentioned  Bills  without  any  Amendment. 

The  Council  Adjourned  till  4  o  Clock  in  the  Afternoon. 


1528  Journal  of  the  Legislative  Council  of  Neiv  York.  RaBSS" 

Friday,  the  sixteenth   day  of  December,  4  o  Clock,  P.  M. 
The  Council  met  according  to  Adjournment. 

PKESENT —  The  HonoM6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the  several 
Officers  of  the  Government,  from  the  first  Day  of  September  One  Thousand  seven  hundred  and 
sixty  three,  to  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  four,  and  other 
purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  continue  an  Act  Entituled  An  Act  for  the  relief  of  Insolvent 
Debtors  and  for  repealing  the  Acts  therein  mentioned  with  an  Addition  thereto]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  Naturalizing  the  several  Persons  therein  mentioned]  was  read 
the  Second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  raise  levy  and  collect  the  sum  of  sixty  one  Pounds  nineteen 
Shillings,  in  the  City  and  County  of  New  York,  for  Services  performed  by  the  Coroner  of  the 
said  City  and  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Saturday,  the  seventeenth  day  of  December,  1763. 

The  Council  met  according  to  Adjournment. 
PRESENT —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET,  Esq™, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  regulate  the  Gauging  of  Wine,  Rum,  and  other  Spirituous 
Liquors,  Molasses,  and  other  purposes  therein  mentioned]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  Payment  of  the  Salaries  and  Services  of  the  several  Officers  of  the  Government, 
from  the  first  day  of  September  One  thousand  seven  hundred  and  Sixty  three,  to  the  first  day 
of  September  one  thousand  Seven  hundred  and  Sixty  four  and  other  purposes  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Laricey  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  amendment. 

The  Speaker  left  the  Chair  and 


1763.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1529 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill,  Entituled  [An 
Act  to  raise  Levy  and  Collect  the  sum  of  sixty  one  Pounds  nineteen  Shillings  in  the  City  and 
County  of  New  York  for  the  Services  performed  by  the  Coroner  of  the  said  City  and  County] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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,  the  said  Bill  do  Pass. 

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

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  naturalizing  the  several  Persons  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

This  being  the  day  appointed  for  hearing  the  Corporation  of  the  City  of  New  York  against 
the  passing  the  Bill  Entituled  [An  Act  to  repeal  and  make  void  a  Law  Entituled,  a  Law  for 
assizing  all  kinds  of  Provisions  in  the  publick  Markets  of  this  City,  and  for  establishing  a  new 
Assize  for  that  purpose]  Mr  Recorder  Johnson,  Mr  Alderman  Scott  and  Mr  Alderman  Hicks 
attending  in  behalf  of  the  Corporation,  were  called  in,  and  the  Doors  of  the  House  being  set 
open,  and  the  Reasons  against  the  passing  the  said  Bill  being  fully  heard  the  parties  withdrew. 

The  Council  adjourned  till  Tuesday  Morning  11  o  clock. 


Tuesday,  the  twentieth  day  of  December,  1763. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono1"  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq", 

Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  Entituled  An  Act  for  the  Relief  of  Insolvent  Debtors  and  for  repealing 
the  Acts  therein  mentioned,  with  an  addition  thereto]  and  after  some  time  spent  therein 

The  Earl  of  Stirling  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  naturalizing  the  several  Persons  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  aud  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. 

192 


1530  Journal  of  the  Legislative  Council  of  New  York.  [™£  £«£• 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  repeal  and  make  void  a  Law  for  repealing  a  Law  Entituled  a 
Law  for  assizing  all  Kinds  of  Victuals  to  be  set  to  Sale  in  the  publick  Markets  of  this  City  and 
for  establishing  a  new  Assize  for  that  purpose]  was  read  the  second  time. 

And  on  the  Question  being  put  by  the  Speaker 

Whether  the  Bill  should  be  committed, 

It  passed  in  the  Negative. 

The  Speaker  then  put  the  Question 

Whether  the  Bill  should  be  rejected  or  not, 

Which  passed  in  the  affirmative. 

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber,  sent  a  message 
by  the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly  and 

The  General  Assembly  attending  accordingly 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  the  General 
Assembly,  was  pleased  to  give  his  assent  to  eleven  Bills  the  Titles  whereof  are  as  follow. 

An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the  several  Officers  of  the  Government 
from  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  three,  to  the  first  day  of 
September  one  thousand  seven  hundred  and  sixty  four,  and  other  purposes  therein  mentioned. 

An  Act  to  continue  an  Act  Intituled  An  Act  to  impower  Justices  of  the  Peace,  Mavors, 
Recorders,  and  Aldermen,  to  try  Causes  to  the  Value  of  five  Pounds  and  under,  and  for  repealing 
an  act  therein  mentioned. 

An  Act  for  raising  three  thousand  Pounds  by  way  of  Lottery  to  be  laid  out  in  a  Bounty  on 
Hemp  to  be  raised  in  this  Colony. 

An  Act  to  regulate  the  Guaging  of  Wine,  Rum  and  other  Spirituous  Liquors,  Molasses  and 
other  purposes  therein  mentioned. 

An  Act  to  lay  a  Duty  of  Tonnage  on  Vessels  for  defraying  the  Expence  of  the  Light-House 
on  Sandy  Hook. 

An  Act  impowering  John  Cruger,  Robert  R.  Livingston,  Philip  Livingston,  Leonard  Lispenard 
and  William  Bayard,  Esquires,  to  receive  from  the  Colony  of  Pensylvania,  the  sum  of  four 
thousand  three  hundred  and  sixty  Eight  Pounds  two  Shillings  and  six  Pence  Sterling,  overpaid 
to  the  said  Colony  out  of  the  Parliamentary  Grant  for  the  Service  of  the  Year  one  thousand 
seven  hundred  and  Sixty. 

An  Act  to  continue  an  Act  Entituled  An  Act  for  the  relief  of  insolvent  Debtors,  and  for 
repealing  the  Acts  therein  mentioned  with  an  addition  thereto. 

An  Act  to  prevent  Hunting  with  Fire  Arms  in  the  City  of  New  York  and  the  Liberties 
thereof. 

An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage  of  Ships,  and  other  Vessels  using  the 
Wharfs  within  the  Limits  therein  mentioned. 

An  Act  to  raise  Levy  and  Collect  the  sum  of  Sixty  one  Pounds  nineteen  Shillings  in  the  City 
and  County  of  New  York  for  services  performed  by  the  Coroner  of  the  said  City  and  County. 

An  Act  for  Naturalizing  the  several  Persons  therein  mentioned. 

After  which  the  said  eleven  Acts  were  published  in  the  usual  Manner,  and  his  Honour  the 
Lieutenant  Governor,  the  Council,  and  the  General  Assembly  being  returned  to  the  Council 
Chamber  His  Honour  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to 
the  Assembly  Chamber  and  adjourn  the  House  untill  the  first  Tuesday  in  February  next. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  been  pleased  to  direct  the  Speaker  of  the 
General  Assembly  to  adjourn  that  House  untill  the  first  Tuesday  in  February  next. 

The  Council  therefore  adjourned  to  the  said  first  Tuesday  in  February  next. 


1763.]  CadwalZader  Golden,  Esq :  Lieut.  Governor.  1531 

[!f.  T.  Col.  MSS.,  XCII.,  81.) 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esqr  His  Majesty's  Lieutenant   Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  seventh 
day  of  February  Instant  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by 
and  with  the  advice  of  his  Majesty's  Council  Prorogue  the  said  General  Assembly  to  Tuesday 
the  thirteenth,  day  of  March  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  second  day  of  February  1764  in  the  fourth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAK  D  Sccry 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCII.,  90.] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and   Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the 
thirteenth  day  of  March  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I 
do  by  and  with  the  advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly 
to  Tuesday  the  twenty  seventh  day  of  March  Instant:  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  fifth  day  of  M<nch  1764  in  the  fourth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1532  Journal  of  the  Legislative  Council  of  New  York. 

[N.  Y.  Col.  MBS.,  XCII.,  95.) 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and   Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  twenty 
seventh  day  of  March  Instant.  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  ;  and  I 
do  by  and  with  the  advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly 
to  Tuesday  the  tenth  day  of  April  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  twenty  first  day  of  March  1764  in  the  fourth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


I N.  T.  Col.  MBS.,  XCII.,  96.  ] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esquire  His  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  tenth 
day  of  April  Instant,  I  have  thought  fit  for  His  Majesty's  Service,  to  Prorogue  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to  Tuesday 
the  seventeenth  day  of  April  Instant  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  fourth  day  of  April  1764  in  the  fourth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1764.]  Cadwallader  Colden,  Esq:  Lieut  Governor.  1533 

[  N.  Y.  Col.  MSS.,  XCII.,  98.  J 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN   Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  further  Prorogue  the  said  General 
Assembly  to  Wednesday  the  eighteenth  day  of  April  Instant,  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  seventeenth  day  of  April  1764  in  the  fourth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honours  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


TWENTY-NINTH  ASSEMBLY    SEVENTH  SESSION. 


At  a  Session  of  the  Lieutenant  Governor,  Council  and  General  Assembly  of  the 
Province  of  New  York,  begun  and  holden  at  the  Council  Chamber  in  Fort  George  in 
the  City  of  New  York,  on  Wensday  the  Eighteenth  day  of  April,  in  the  fourth 
year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third,  by  the  Grace  of  God 
of  Great  Britain  France  and  Ireland  King  Defender  of  t lie  Faith  and  so  forth:  and 
in  the  Year  of  our  Lord  One  thousand  seven  hundred  and  sixty  four. 

The  General  Assembly  having  on  the  twentieth  day  of  December  last  by  the  Directions  of 
his  Honour  the  Lieutenant  Governor  been  adjourned  to  the  first  Tuesday  of  February  then 
next  following.  His  Honour  the  Lieutenant  Governor  was  pleased  by  sundry  proclamations  to 
prorogue  them  on  and  to  the  Days  following  that  is  to  say.  On  the  second  day  of  February 
aforesaid,  unto  the  thirteenth  day  of  March  following.  On  the  fifth  day  of  the  said  Month  of 
March,  until  the  twenty  seventh  day  of  the  same  month.  On  the  twenty  first  day  of  March  to 
the  tenth  day  of  April  Instant.  On  the  fourth  day  of  April  to  the  seventeenth  day  of  April 
Instant;  And  on  the  day  last  mentioned,  to  this  Day,  then  to  meet  to  proceed  on  Business. 

The  Council  met  accordingly. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


1534  Journal  of  the  Legislative  Council  of  New  York.  R^sSS1 

Thursday,  the  nineteenth  day  of  April,  1764 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  HonoMt  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Honoble  Cadwallader  Colden  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America, 
being  come  to  the  Council  Chamber,  sent  a  Message  requireing  the  immediate  Attendance 
of  the  General  Assembly  in  the  Council  Chamber  in  Fort  George. 

The  General  Assembly  attending  accordingly 

His  Honour  the  Lieutenant  Governor  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. 

His  Honour  the  Lieutenant  Governor  left  the  Council  Chamber,  and 

The  General  Assembly  returning  to  the  Assembly  Chamber 

The  Speaker  resumed  the  Chair. 

Ordered  that  his  Honour  the  Lieutenant  Governor's  Speech  be  read. 

Then  the  Speech  was  read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows. 

Gentlemen  of  the  Council  and  General  Assembly, 

Inconvenient  as  it  may  be  to  many  of  you,  I  should  not  have  called  you  together  at  this 
Season,  could  I  have  taken  upon  myself  to  disband  the  Guards  upon  the  Frontiers,  for  whom  you 
have  only  provided  to  the  first  of  next  Month. 

Since  your  Recess,  Affairs  with  respect  to  the  Indians,  have  taken  a  more  favourable  Turn ; 
several  of  the  Western  Tribes  at  Detroit,  dispirited  by  the  gallant  and  obstinate  Defence  of 
that  Post,  were  intimidated  to  a  Submission.  While  Parties  of  the  Six  confederate  Nations, 
now  in  general  well  affected  to  our  Interest,  are  actually  gone  to  chastise  the  Delawares,  and 
those  other  Tribes,  who  have  comitted  such  insolent  Ravages.  I  am  confident  that  incouraged 
by  the  Prospect  of  speedily  terminating  this  distructive  Rupture,  no  Efforts  will  be  wanting  on 
your  Part,  to  promote  that  Tranquility,  which  is  so  essential  to  your  own  Welfare,  and  the 
general  Prosperity  of  these  Colonies:  and  this  will  be  most  effectually  done  by  shewing  ourselves 
prepared  for  all  Events. 

Gentlemen  of  the  General  Assembly, 

The  Preservation  of  your  Frontier  still  requires  your  Attention.  I  must  also  recommend  your 
making  Provision  for  the  Company  lately  posted  at  Oswego ;  the  General  who  considers  this 
Corps,  as  destined  to  joyn  the  regular  Forces,  having  desired  that  it  may  be  compleated  and  in 
Readiness  for  immediate  Service. 

Gentlemen  of  the  Council  and  General  Assembly, 

The  Troops  being  in  Motion,  its  necessary  that  your  Resolutions  be  attended  with  Dispatch) 
that  I  may  give  the  proper  Orders  before  it  be  too  late  to  carry  them  into  Execution. 
Fort  George  New  Yorke  CADWALLADER  COLDEN. 

19th  April  1764. 

Ordered,  that  his  Honour's  Speech  be  forthwith  printed. 

Mr  Smith  then  moved  that  an  humble  Address  might  be  presented  by  this  House  to  his 
Honour  in  Answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to. 

Resolved,  that  an  humble  Address  be  presented  by  this  House  accordingly. 

Ordered,  that  Mr  Smith,  Mr  Watts  and  Mr  De  Lancey  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  "lay  the  same  before  this 
House  this  Afternoon. 

The  Council  adjourned  till  3  o  Clock  P.  M. 


1764.]  Cadwattader  Colden,  Esq  :  Lieut.  Governor.  1535 

Thursday,  the  nineteenth  day  of  April,  1764.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq™, 

Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

Mr  Smith  from  the  Cjmmiitee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  be 
presented  by  this  House  to  his  Honour  the  Lieutenant  Governor,  Reported  that  the  Committee 
had  prepared  the  Draft  of  an  Address  accordingly,  which  he  read  in  his  place  and  then  delivered 
the  same  in  at  the  Table  where  the  same  was  again  read  and  being  agreed  to  was 

Ordered  to  be  engrossed. 

The  Engrossed  Address  to  his  Honour  the  Lieutenant  Governor  was  read. 

Ordered,  that  the  Speaker  do  sign  the  Address  in  Behalf  of  this  House,  who  having  signed 
the  same  accordingly 

Ordered,  that  Mr  De  Lancey  and  the  Earl  of  Stirling  do  wait  on  his  Honour  the  Lieutenant 
Governor  and  desire  to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their 
Address. 

Mr  De  Lancey  and  the  Earl  of  Stirling  being  returned  reported  that  they  had  waited  on  his 
Honour  the  Lieutenant  Governor  and  delivered  the  said  Message,  and  that  he  was  pleased  to 
say  he  would  receive  the  Council's  Address  to  Morrow  at  1  o'Clock  in  the  Afternoon. 

The  Council  adjourned  till  to  Morrow  1  o  clock  in  the  Afternoon. 


Friday,  the  twentieth  day  of  April,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono™  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and  with 

The  Council  went  to  present  the  humble  Address  of  this  House  to  his  Honour  the  Lieutenant 
Governor,  arid  being  returned 

The  Speaker  resumed  the  Chair  and 

Reported  that  having  attended  on  his  Honour  the  Lieutenant  Governor  and  presented  to  him 
the  humble  Address  of  this  House,  his  Honour  had  been  pleased  to  return  a  favourable  Answer 
thereto  which  he  delivered  in  at  the  Table,  and  the  same  being  read 

Ordered,  that  the  humble  Address  of  this  House  to  his  Honour  the  Lieutenant  Governor  and 
his  Answer  thereto  be  entered  in  the  Minutes  of  this  House  which  are  as  follow. 

To  the  Honoble  CADWALLADER  GOLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour, 

We  his  Majesty's  most  dutifull  and  loyal  Subjects  the  Council  of  the  Province  of  New  York, 
return  your  Honour  our  hearty  thanks  for  your  Speech. 

The  submission  of  some  of  the  Western  Tribes  of  Indians  at  D'Etroit,  reduced  to  this 
Necessity  by  the  Bravery  and  good  Conduct  of  his  Majesty's  Forces,  and  the  present  favourable 
disposition  of  the  six  united  Nations,  are  circumstances  which  afford  us  great  satisfaction. 

Sensible  that  we  cannot  better  recommend  ourselves  to  our  gracious  Sovereign,  than  by 
wisely  improving  these  important  advantages,  your  Honour  may  be  assured  no  efforts  will  he 


1536  Journal  of  the  Legislative  Council  of  New  York.  [2?[E  &£"' 

wanting  on  our  part,  to  bring  to  a  Speedy  Issue  a  Rupture  so  destructive,  and  to  restore  that 
Tranquility  which  appears  so  essential  to  the  Prosperity  of  these  Colonies. 

By  order  of  the  Council 

Council  Chamber  New  York  DAN  :  HORSMANDEN  Speaker. 

20lh  April  1764. 

His  Honour  the  LIEUTENANT  GOVERNOR'S  Answer. 

Gentlemen, 

I  heartily  thank  you  for  this  Address.    Your  repeated  Instances  of  your  Zeal  for  the  publick 
service,  I  make  no  doubt  will  be  accompanied  with  the  wished  for  Effects :  Security  of  our 
Frontiers,  and  a  general  Tranquility. 
Fort  George  20  April  1764.  CADWALLADER  COLDEN. 

Ordered,  that  the  said  Address  &  Answer  be  forthwith  printed. 
The  Council  adjourned  till  5  o  Clock  P.  M. 


Friday,  the  twentieth  day  of  April,  1764.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honotle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  &  Col :  Haasbrouck  with  the  Bill 
Entituled  [An  Act  providing  for  one  hundred  and  eighty  Men  exclusive  of  Officers  to  be 
employed  against  the  Enemy  Indians,  and  other  purposes  therein  mentioned]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Alderman  Livingston  with  the  Bill 
Entituled  [An  Act  to  impower  Sir  William  Baker  Knight,  and  Robert  Charles  Esqr,  of  the  City 
of  London,  to  receive  such  Sum  as  shall  be  allotted  to  this  Colony  by  his  Majesty,  out  of  the 
sum  of  one  hundred  and  thirty  three  thousand,  three  hundred  and  thirty  three  pounds  six 
shillings  and  eight  pence  Sterling,  granted  by  Parliament  towards  defraying  the  Expence  of  the 
Northern  Colonies  in  the  Campaign  of  the  year  one  thousand  seven  hundred  and  sixty  two] 
desireing  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  11  o  Clock. 


Saturday,  the  twenty  first  day  of  April,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  providing  for  one  hundred  and  eighty  Men,  exclusive  of  Officers, 
to  be  employed  against  the  Enemy  Indians ;  and  other  Purposes  therein  mentioned]  was  read 
the  second  time  and 


1764.]  Cadwallcukr  Colden,  Esq :  Lieut.  Governor.  1537 

OrJered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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. 

The  Bill  Entituled  [An  Act  to  empower  Sir  William  Baker  Knight  and  Robert  Charles  Esquire 
of  the  City  of  London,  to  receive  such  sum  as  shall  be  alloted  to  this  Colony  by  his  Majesty,  out 
of  the  sum  of  one  hundred  and  thirty  three  thousand  three  hundred  and  thirty  three  pounds  six 
shillings  and  eight  Pence  Sterling,  granted  by  parliament  towards  defraying  the  Expence  of  the 
Northern  Colonies  in  the  Campaign  of  the  year  one  thousand  seven  hundred  and  sixty  two]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  last  mentioned  Bill 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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, 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

His  Honour  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  deputy  Secretary,  requiring  the  immediate  attendance  of  the  General  Assembly.  And  the 
General  Assembly  attending  accordingly, 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  the  Council  and  the  General  Assembly, 
was  pleased  to  give  his  assent  to  the  two  Bills  prepared  for  it,  the  Titles  whereof  are  as 
follow,  viz1. 

An  Act  providing  for  one  hundred  and  eighty  Men,  exclusive  of  Officers,  to  be  employed 
against  the  Enemy  Indians;  and  other  Purposes  therein  mentioned. 

An  Act  to  impower  Sir  William  Baker  Knight,  and  Robert  Charles  Esqr,  of  the  City  of 
London,  to  receive  such  sum  as  shall  be  allotted  to  this  Colony  by  his  Majesty,  out  of  the  sum 
of  one  hundred  and  thirty  three  thousand  three  hundred  and  thirty  three  pounds  six  shillings 
and  eight  pence  Sterling,  granted  by  parliament  towards  defraying  the  Expence  of  the  Northern 
Colonies,  in  the  Campaign  of  the  year  one  thousand  seven  hundred  and  sixty  two. 

After  which  the  said  two  Acts  were  published  in  the  usual  manner,  and  his  Honour  the 
Lieutenant  Governor,  the  Council,  and  the  General  Assembly,  being  returned  to  the  Council 
Chamber,  his  Honour  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to 
the  Assembly  Chamber,  and  adjourn  the  House  until  Tuesday  the  eighth  day  of  May  next. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  been  pleased  to  direct  the  Speaker  of  the 
General  Assembly  to  adjourn  that  House  until  Tuesday  the  eighth  day  of  May  next. 

The  Council  therefore  adjourned  until  Tuesday  the  said  eighth  day  of  May  next. 


193 


1538  Journal  of  the  Legislative  Council  of  New  York 


[N.  T.  Col.  MSS.,  SCIL,  107.) 
BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esqr  His   Majesty's  Lieutenant   Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  eighth 
day  of  May  Instant  :  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  Prorogue  the  said  General  Assembly  to  Tuesday  the  twelfth 
day  of  June  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  second  day  of  May  1764  in  the  fourth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAE  D  SScry. 

God  save  the  KING. 


[N.  Y.  Col.  MS3.,  XCIII.,  71.] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  twelfth 
day  of  June  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to  Tuesday 
the  seventh  day  of  August  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  1764  in  the  fourth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING 


1764.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1539 

TWENTY-NINTH  ASSEMBLY    EIGHTH  SESSION 


At  a  Session  of  the  Lieutenant  Governor,  Council  and  General  Assembly  of  the 
Province  0/*NeAv  York,  begun  and  holden  at  the  City  Hall  in  the  City  of  New  York 
on  Tuesday  tJie  fourth  day  of  September  in  the  fourth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France 
and  Ireland  King  Defender  of  the  Faith  and  so  forth,  and  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  sixty  four. 

The  General  Assembly  having  on  the  twenty  first  day  of  April  last  by  the  Directions  of  his 
Honour  the  Lieutenant  Governor  been  adjourned  to  the  Eighth  Day  of  May  following :  His 
Honour  the  Lieutenant  Governor  -was  pleased  by  sundry  Proclamations  to  prorogue  them  on 
and  to  the  Days  following  that  is  to  say.  On  the  second  day  of  May  aforesaid,  to  the  twelfth 
day  of  June  following.  On  the  ninth  day  of  the  said  Month  of  June  unto  the  seventh  day  of 
August  following.  And  on  the  said  seventh  day  of  August  unto  this  Day,  then  to  meet  to 
proceed  on  Business. 

The  Council  met  accordingly. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE,  Esqr>, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  til  to  Morrow  Morning  11  o  Clock. 


Wenesday,  the  fifth  day  of  September,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
JOSEPH  READE,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Honoble  Cadwallader  Golden  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in 
Chief  of  the  Province  of  New  York,  being  come  to  the  Council  Chamber,  sent  a  Message 
requiring  the  immediate  attendance  of  the  General  Assembly  in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly 

His  Honor  the  Lieutenant  Governor  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 
Spertker  of  the  General  Assembly. 

His  Honor  the  Lieutenant  Governor  then  returned  to  the  Fort,  and  the  General  Assembly 
to  the  Assembly  Chamber. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Honour  the  Lieutenant  Governor's  Speech  be  read. 

Then  the  Speech  was  read,  and 

Ordered  to  be  entered  in  the  Minutes,  and  is  as  follows. 

Gentlemen  of  the  Council  and  General  Assembly, 

Desirous  to  consult  your  Ease,  I  have  called  you  together  at  a  Season,  represented  to  me  as 
the  most  convenient  to  yourselves. 

Your  enabling  me  to  place  Guards  on  the  e.xposed  Parts  of  the  Frontier,  hath  been  attended 
with  the  most  salutary  Effects ;  the  People  having  remained  intirely  free  from  the  Incursions  of 
the  Indians,  who  seldom  attack  those  they  find  prepared  for  Defence. 

With  great  Satisfaction  I  congratulate  you  on  the  Peace  lately  concluded  with  the  several 
Nations  of  Indians  at  Niagara,  thro'  the  Ability,  Experience,  and  zealous  Efforts  of  Sir 


1540  Journal  of  the  Legislative  Council  of.  New  York.  [tth'sVs'T' 

William  Johnson.  The  Army  collected  to  chastise  them,  while  it  facilitated  this  happy  Measure, 
must  by  impressing  ou  the  Minds  of  the  Indians,  a  high  Sence  of  our  Power,  render  their 
Submission  more  firm  and  lasting.  It  will  give  you  peculiar  Pleasure  to  be  informed,  that  his 
Majesty  graciously  distinguishes  and  approves  your  Conduct,  in  providing  for  the  Troops  now 
in  your  Pay,  who  have  greatly  contributed  towards  the  general  Service, 

Gentlemen  of  the  General  Assembly, 

With  the  Support  of  his  Majesty's  Government,  I  recommend  the  Discharge  of  the  publick 
Debts.  Emergencies  often  arise,  which  make  it  necessary  to  have  recourse  to  private  Persons: 
publick  Credit  ought  therefore  inviolably  to  be  preserved. 

Gentlemen  of  the  Council  and  General  Assembly, 

The  Law  granting  a  Bounty  on  Hemp,  is  expired  without  its  intended  Effect.  There  are 
large  Tracts  of  Land  in  this  Province,  well  adapted  to  the  Production  of  this  valuable  Article; 
which  by  proper  Means,  may  become  a  Staple  highly  beneficial  to  us,  and  is  an  Object  so 
interesting  to  our  Mother  Country,  as  to  have  received  Encouragement  from  the  British 
Parliament.  The  Farmers  in  general  are  ignorant  both  of  its  Culture,  and  Preparation  for 
Manufacture.  Rewards  therefore  are  requisite  to  excite  their  Attention  and  annimate  them  to 
the  pursuit  of  this  important  Branch  of  Husbandry.  On  the  Revival  of  the  Act,  I  hope  all 
Ranks  in  the  Mercantile  as  well  as  the  landed  Interest,  will  unite  in  promoting  a  Design 
calculated  for  their  common  Advantage,  and  eminently  conducive  to  the  Prosperity  of  the 
Colony. 

Fort  George,  New  York  CADWALLADER  GOLDEN. 

5tb  September,  1764. 

Ordered,  that  his  Honor  the  Lieutenant  Governor's  Speech  be  forthwith  printed. 

The  Earl  of  Stirling  then  moved  that  an  humble  Address  might  be  presented  by  this  House 
to  his  Honor  in  answer  to  his  speech. 

Which  Motion  being  seconded  and  agreed  to. 

Resolved,  that  an  humble  Address  be  presented  by  this  House  accordingly. 

Ordered,  that  Mr  Smith,  Mr  Watts,  and  Mr  Reade  be,  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  lay  the  same  before  this  House 
on  Friday  next. 

The  Council  adjourned  til  Friday  Morning  11  o  clock. 


Friday,  the  seventh  Day  of  September,  1764. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  HonoMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esq™. 

The  Speaker  assum'd  the  Chair. 

Mr  Smith  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  be 
presented  by  this  House  to  his  Honor  the  Lieutenant  Governor,  Reported  that  the  Committee 
had  prepared  the  draft  of  an  Address  accordingly,  which  he  read  in  his  place,  and  then 
delivered  the  same  in  at  the  Table,  where  the  same  was  again  read,  and  being  agreed  to  was 

Ordered  to  be  Engrossed. 

The  Engrossed  Address  to  his  Honor  the  Lieutenant  Governor  was  read. 

Ordered,  that  the  Speaker  do  sign  the  said  Address  in  Behalf  of  this  House,  who  having  signed 
the  same  accordingly, 

Ordered,  that  Mr  Watts  and  Mr  Reade  do  wait  on  his  Honor  the  Lieutenant  Governor, 
and  desire  to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  humble 
Address. 

The  said  Gentlemen  being  returned,  Reported  that  they  had  waited  on  his  Honor  the 
Lieutenant  Governor,  and  delivered  the  said  Message,  and  that  he  was  pleased  to  say  he 
would  receive  the  Address  of  the  Council  immediately. 

The  Speaker  left  the  Chair  and 

With  the  Council  went  to  present  the  humble  address  of  this  House  to  his  Honor  the 
Lieutenant  Governor,  and  being  returned 

The  Speaker  resumed  the  Chair  and 


1764.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1541 

Reported  that  having  attended  his  Honor  the  Lieutenant  Governor,  and  presented  to  him 
the  humble  address  of  this  House,  His  Honor  had  been  pleased  to  return  a  favourable  Answer 
thereto,  which  he  delivered  in  at  the  Table,  where  the  same  was  read. 

Ordered,  that  the  said  Address  and  Answer  be  entered  in  the  Minutes  of  this  House  which 
are  as  follow 

To  the  Honoble  CADWALLADER  GOLDEN,  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  of  the  Province  of  New  York  and  the  Territories  Depending  thereon  in  America 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honor 

We  his  Majesty's  most  dutifull  and  loyal  Subjects  the  Council  of  the  Province  of  New  York, 
return  your  Honor  our  hearty  thanks  for  your  Speech. 

It  is  with  pleasure  we  observe  that  the  measures  wisely  adopted  by  the  Legislature  for  the 
Protection  of  the  Frontier,  hath,  by  your  Honor's  great  Vigilance,  afforded  the  most  effectual 
security  to  the  Inhabitants. 

The  Growth  and  extension  of  these  Colonies,  so  much  depend  on  a  good  understanding  with 
the  numerous  surrounding  Indian  Nations,  lhat  we  cannot  but  rejoice  in  a  Prospect  of  a  solid 
Tranquility  with  that  People,  now  happily  restored  by  the  Treaty  at  Niagara  concluded  under 
the  able  direction,  and  thro'  the  zealous  Efforts  of  Sir  William  Johnson  convinced  of  their  own 
Inability  and  Weakness,  opposed  to  the  Power  justly  exerted  for  their  Punishment;  and 
impelled  by  pressing  want  and  necessity;  we  hope  their  submission  is  offered  with  sincerity,  and 
will  be  more  firm  and  lasting. 

With  the  utmost  Gratitude,  we  receive  the  distinguished  mark  of  the  royal  Goodness, 
manifested  by  his  Majesty's  Gracious  approbation  of  the  conduct  of  this  his  loyal  Colony  in 
providing  for  the  Troops  raised  for  the  publick  service. 

Sensible  that  the  granting  a  bounty  on  Hemp,  and  encouraging  the  other  Productions  to 
which  this  Country  is  adapted,  will  not  only  increase  the  Intercourse  between  our  Mother 
Country  and  this  Province,  but  prove  highly  beneficial  to  both.  Your  Honor  may  be  assured 
that,  in  Imitation  of  the  wise  example  of  Great  Britain,  we  shall  chearfully  unite  with  the  other 
Branches  of  the  Legislature,  in  promoting  Agriculture  and  Commerce;  without  which  this 
Colony  must  soon  be  reduced  to  Poverty,  and  the  utmost  distress. 

By  order  of  the  Council 

New  York  5lh  DANIEL  HORSMANDEN  Speaker. 

September  1764 

His  Honor  the  LIEUTENANT  GOVERNOR'S  Answer. 
Gentlemen, 

I  very  heartily  thank  you  for  this  kind  and  obliging  Address.  It  greatly  encourages  me  in 
my  duty,  to  promote  every  thing  in  my  power  for  his  Majesty's  service,  and  the  advantage  of 
his  People  under  my  care. 

Fort  George  5lh  CADWALLADER  COLDEN. 

September  1764 

Ordered,  that  the  said  address  and  answer  be  forthwith  printed. 

The  Council  adjourned  to  Wensday  the  19tb  day  of  September  Instant  at  11  o  clock  in  the 
Morning. 


Wensday,  the  Nineteenth  day  of  September,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Justice  Livingston  and  Mr  Verplack  with  the 
Bill  entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty 
the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes,  imported  into  this  Colony 
therein  mentioned]  desireing  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Cruger  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  entituled  An  Act  to  lay  a  Duty  of  Tonnage  on  the  Vessels 


1542  Journal  of  the  Legislative  Council  of  Neio  York,  [ 


'29th  Assem. 
8th  Bess'n. 


and  for  the  Time  therein  mentioned  together  with  another  Act  therein  mentioned]  desireing 
the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Mr  Kissam  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  entituled  An  Act  to  encourage  the  taking  and  destroying 
of  wild  Catts  in  the  County  of  Suffolk]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Henry  Livingston  and  Col.  Philipse  with  the 
Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  prevent  Damages  done 
by  Swine  in  Dutches  County]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col  Haasbrouck  and  Mr  Ten  Eyck  with  the  Bill 
entituled  [An  Act  for  dividing  the  precinct  of  Goshen  in  Orange  County  into  two  Precincts  to 
be  called  by  the  Names  of  Goshen  and  Cornwal]  desiring  the  Concurrence  of  the  Council 
thereto. 

A  Message  from  the  General  Assembly  by  Col.  Haasbrouck  and  Captain  Douw  with  the  Bill 
Entituled  [An  Act  for  the  better  regulating  the  Taxation  of  Estates  in  Ulster  County]  desiring 
the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Groot  and  Mr  Ten  Eyck  with  the  Bill  Entituled 
[An  Act  to  raise  within  the  Bounds  and  Limits  of  the  Township  of  Schenectady,  the  Sum  of 
Eighty  Pounds,  towards  paying  for  a  Fire  Engine,  purchased  for  the  use  of  the  said  Township] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Henry  Livingston  and  Mr  Verplanck  with  the 
Bill  Entituled  [An  Act  for  the  more  effectual  destroying  of  Wolves  and  Panthers  in  the 
Counties  of  Ulster  Dutches  and  Orange]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Eight  Bills  be  read 

Then  the  said  eight  Bills  were  severally  read  the  first  time  & 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  twentieth  day  of  September,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoMe  DANIEL  HOKSJIANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [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,  together  with  another  Act  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  to  encourage  the 
taking  and  destroying  of  wild  Catts  in  the  County  of  Suffolk]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  to  prevent  Damages 
done  by  Swine  in  Dutches  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  dividing  the  Precinct  of  Goshen  in  Orange  County  into  two 
Precincts  to  be  called  by  the  names  of  Goshen  and  Cornwal]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  better  regulating  the  Taxation  of  Estates  in  Ulster 
County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  raise  within  the  Bounds  and  Limits  of  the  Township  of 
Schenectady  the  Sum  of  Eighty  Pounds  towards  paying  for  a  Fire  Engine  purchased  for  the 
Use  of  the  said  Township]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  more  Effectual  destroying  of  Wolves  and  Panthers  in  the 
Counties  of  Ulster,  Dutches  and  Orange]  was  read  the  second  time  and 

Ordered  to  be  committed. 


1764.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1543 

A  Message  from  the  General  Assembly  by  Captain  Douw  and  Mr  Ten  Eyck,  with  the  Bill 
entituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  the  City  of  Albany]  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  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twenty  first  day  of  September,  1764. 

The  Council  met  according  to  adjournment. 
PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 


SMITH, 
JOHN  WATTS, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  the  City  of  Albany] 
was  read  the  second  Time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Colonel  Haasbrouck  and  Col  Seaman  with  the  Bill 
entituled  [An  Act  for  regulating  the  Militia  of  the  Colony  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. 

Tne  Council  adjourned  till  Tuesday  Morning  11  o  Clock. 


Tuesday,  the  twenty  fifth  day  of  September,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HoncPu  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE,  Esqrs. 

The  Speaker  assumed  the  Chair. 

Mr   Banyar    Deputy    Secretary   brought   to  the    House    a   Message  from  his  Honor   the 
Lieutenant  Governor  which  was  read  and  ordered  to  be  entered  and  is  in  the  words  following 


n 


Gentlemen, 

The  Establishment  of  the  Limits  between  his  Majesty's  Colonies,  being  of  the  utmost 
Importance  to  the  Quiet  and  Tranquility  of  his  People,  the  Legislatures  of  this  and  the  Province 
of  New  Jersey,  united  in  passing  Laws  for  defraying  the  Expence  that  shall  accrue  in  the  final 
Settlement  of  the  Line  of  Partition  between  them.  And  I  have  the  Satisfaction  to  inform  you, 
that  the  R'  Honoble  the  Lords  Commissioners  for  Trade  and  Plantations,  have  recommended 
those  Laws,  as  proper  to  be  confirmed  by  his  Majesty,  and  that  the  royal  Commission  should 
issue  in  Consequence  thereof. 

The  desirable  Effects  which  must  result  from  this  salutary  Measure,  call  for  the  like  Provision 
on  your  Part,  in  order  finally  to  ascertain  and  determine  the  Boundary  between  this  Colony  and 
the  Province  of  the  Massachusets  Bay.  A  Matter  long  contested,  and  which  has  been  productive 
of  frequent  Riots  and  Disorders,  to  the  Disturbance  of  the  publick  Peace  :  and  the  Injury  of 
private  Property,  I  therefore  earnestly  recommend  this  as  an  Object  highly  deserving  your 
Consideration. 

Fort  George  New  York  CADWALLADER  COLDEN. 

24th  September  1704. 

A  Message  from  the  General  Assembly  by  Col.  Seaman  and  Mr  Wisner  with  the  Bill 
Entituled  [An  Act  to  enable  the  Supervisors  of  Richmond  County  to  raise  the  sum  of  one 


1544  Journal  of  the  Legislative  Council  of  New  York.  [289|E  $££ 

thousand  and  seventy  eight  Pounds  seven  shillings  and  five  Pence  one  farthing,  due  from  the 
said  County  on  the  Acts  therein  mentioned  ;  and  other  Incidental  Charges  of  said  County] 
desiring  the  Concurrence  of  the  Council  thereto. 

Oidered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  Entituled  [An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith,  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [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,  together  with  another  Act  therein  mentioned]  and  after  some 
time  spent  therein. 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  Entituled  An  Act  to  encourage  the  taking  and  destroying  of 
Wild  Catts  in  the  County  of  Suffolk]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  |  An 
Act  further  to  continue  An  Act  entituled  An  Act  to  prevent  Damages  by  Swine  in  Dutches 
County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  better  regulating  the  Taxation  of  Estates  in  Ulster  County]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair  and 


1764.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1545 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  it-self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  raise  within  the  bounds  and  Limitts  of  the  Township  of  Schenectady  the  sum  of  Eighty 
Pounds  towards  paying  for  a  Fire  Engine  purchased  for  the  use  of  the  said  Township]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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 

Ordered,  that  the  said  Bill  beread  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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  more  effectual  destroying  of  Wolves  and  Panthers  in  the  Counties  of  Ulster,  Dutches 
and  Orange]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Read  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  more  equal  Taxation  of  Estates  in  the  City  of  Albany]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair  and 

Mr  Read  from  the  Committee  of  the  whole  House  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. 

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  Mr  Read  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Council  adjourned  till  Thursday  next  at  11  o  clock  in  the  Morning. 


Thursday,  the  twenty  seventh  day  of  September,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobte  WILLIAM  SMITH,  Esqr,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCEY,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  enable  the  Supervisors  of  Richmond  County  to  raise  the  sum 
of  one  thousand  and  seventy  eight  Pounds  seven  Shillings  and  five  Pence  one  Farthing  due  from 

194 


1546  Journal  of  the  Legislative  Council  of  New  York. 

the  said  County  on  the  Acts  therein  mentioned,  and  other  incidental  Charges  of  said  County] 
was  read  the  second  time,  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Boerum  with  the  Bill  Entituled 
[An  Act  to  continue  an  Act  entituled  An  Act  for  the  Punishment  of  Persons  in  the  City  of  New 
York,  who  shall  by  false  pretences  obtain  any  Goods  Wares  or  Merchandizes  from  any  Person, 
with  Intent  to  cheat  or  defraud  such  Person]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Cap'  Seaman  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  enable  the  Mayor,  Deputy 
Mayor  Recorder  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  Purposes  therein  mentioned ;  with  an  Addition 
thereto]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Wisner  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  to  raise  levy  and  collect  a  Sum  not  exceeding  twenty  one  Pounds  ten 
Shillings,  on  the  Estates  real  and  personal  of  all  the  Fret-holders  and  Inhabitants  at  the  South 
side  of  the  Highlands  in  the  County  of  Orange,  to  be  applyed  for  the  Uses  therein  mentioned] 
desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Captain  Douw  with  the  Bill 
Entituled  [An  Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York,  to  order  the  raising  a  Sum  not  exceeding  fourteen  hundred  Pounds  for  the  Purposes 
therein  mentioned]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Col.  Philipse  with  the  Bill 
Entituled  [An  Act  to  regulate  the  publick  Pounds  in  the  City  and  County  of  New  York] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Wisner  and  Col1  Haasbrouck  with  the  Bill 
Entituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange]  desireing 
the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  six  Bills  be  read. 

Then  the  said  six  Bills  were  severally  read  the  first  time  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twenty  eighth  day  of  September,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Cap'  Douw  and  Mr  Bayard  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  entituled  An  Act  to  prevent  the  Exportation  of 
unmerchantable  Flour,  and  the  false  taring  of  Bread  and  fflour  Cask,  together  with  the  Act 
therein  mentioned]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Schenck,  with  the  Bill 
Entituled  [An  Act  to  continue  an  Act  entituled  An  Act  to  restrain  Hawkers  and  Pedlars  from 
selling  without  Lycence  in  this  Colony]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Coll.  Haasbrouck  with  the  Bill 
Entituled  [An  Act  appointing  Storm  Beckers,  Martinus  Van  Alstine,  and  Samuel  Ferris 
Commissioners  for  laying  out  Highways  within  the  Limits  therein  mentioned  in  the  County  of 
Albany]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  three  Bills  be  read. 

Then  the  said  three  Bills  were  read  tr-e  first  time,  and 

Ordered,  a  second  Reading. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  regulating  the  Militia  of  the  Colony  of  New  York]  and  after  some  time  spent  therein, 

rhe^Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  in  his  place  Reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  directed  him  to  report  the  same  without  any 
Amendment. 


1764.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1547 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Supervisors  of  Richmond  County,  to  raise  the  sum  of  One  thousand  and 
seventy  eight  Pounds  seven  Shillings  and  five  Pence  one  Farthing,  due  from  the  said  County  on 
the  Acts  therein  mentioned ;  and  other  incidental  Charges  of  said  County]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  for  the  Punishment  of 
Persons  in  the  City  of  New  York,  who  shall  by  false  Pretences  obtain  any  Goods  Wares  or 
Merchandizes  from  any  Person  with  Intent  to  cheat  or  defraud  such  Person]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watis  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  enable  the  Mayor, 
Deputy  Mayor,  Recorder,  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  Purposes  therein  mentioned 
with  an  Addition  thereto]  was  read  the  second  time  and 

Ordered  to  be  commited. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill ;  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  to  raise  levy  and  collect  a  sum  not  exceeding  twenty  one  Pounds 
ten  Shillings,  on  the  Estates  real  and  personal  of  all  the  Freeholders  and  Inhabitants  at  the 
South  Side  of  the  Highlands  in  the  County  of  Orange  to  be  applyed  to  the  uses  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  Whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Comittee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Bill  Entituled  [An  Act  to  empower  and  enable  the  Mayor,  Recorder,  and  Aldermen  of 
the  City  of  New  York,  to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  Pounds,  for 
the  Purposes  therein  mentioned]  was  Read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 


1548  Journal  of  the  Legislative  Council  of  New   York  [ 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Bill  Entituled  [An  Act  to  regulate  the  publick  Pounds  in  the  City  and  County  of  New 
York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  Reading. 

The  Bill  Entituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange] 
was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  in  his  Place  reported  that  the 
Council  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  the  Bill 

Ordered  a  third  Reading. 

The  Council  adjourned  till  3  o  Clock  P.  M. 


Friday  the  twenty  eighth  day  of  September,  1764.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Hono™6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS. 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  for  the  Punishment  of 
Persons  in  the  City  of  New  York,  who  shall  by  false  Pretences  obtain  any  Goods  Wares  or 
Merchandizes  from  any  Person  with  Intent  to  cheat  or  defraud  such  Person]  was  read  the  third 
time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  enable  the 
Mayor  Deputy  Mayor,  Recorder  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  Purposes  therein  mentioned 
with  an  addition  thereto]  was  read  the  third  time  and 

On  the  Question  being  put 

Rfsolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  raise  levy  and  collect  a  sum  not  exceeding  twenty  one  Pounds 
ten  Shillings,  on  the  Estates  real  and  personal  of  all  the  Freeholders  and  Inhabitants  at  the 
South  Side  of  the  Highlands  in  the  County  of  Orange  to  be  applyed  for  the  uses  therein 
mentioned]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 


1764.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1549 

The  Bill  Entituled  [An  Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the 
City  of  New  York,  to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  Pounds,  for  the 
Purposes  therein  mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  regulate  the  publick  Pounds  in  the  city  and  county  of  New 
York]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  Acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendment. 

The  Bills  Entituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  or  Orange] 
was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

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

The  Council  adjourned  untill  AVensday  next  at  11  o  Clock  in  the  Morning. 


Wensday,  the  third  day  of  October,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET,  Esqr, 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Honor  the  Lieutenant 
Governor  which  was  read  and 

Ordered  to  be  entered,  and  is  in  the  words  following. 

Gentlemen, 

His  Majesty  thinking  it  just  and  reasonable,  and  essential  to  his  Interest,  and  the  Security  of 
his  Colonies,  that  the  several  Nations  or  Tribes  of  Indians  who  live  under  his  Protection,  should 
not  be  molested  or  disturbed  in  the  Possession  of  the  Lands,  which  have  not  been  legally  and 
without  Fraud  purchased  of  them;  and  having  declared  his  determined  Resolution  to  remove 
all  reasonable  Cause  of  Discontent,  which  they  entertain:  I  have  received  Directions  to  inform 
you  of  the  great  Dissatisfaction  and  Uneasiness  expressed  by  the  Mohock  Nation,  on  Account 
of  the  Patent  known  by  the  Name  of  Kayaderosseras  or  Queensborough  ;  and  to  recommend  to 
you,  the  passing  a  Bill  for  vacating  and  annulling  that  Grant. 

The  Indians  disown  the  Sale  of  those  Lands,  and  they  have  frequently  been  a  Subject  of  their 
Complaint;  indeed  on  compareing  the  Grant  with  the  Indian  Purchase,  the  Boundaries  of  the 
former  appear  to  comprehend,  a  far  greater  Extent  of  Country,  than,  by  any  Construction  can 
be  included  within  the  Description  in  the  Indian  Conveyance.  The  Mohocks,  who  it  is  well 
known,  never  obstruct  a  Settlement,  where  the  Purchase  is  fair  and  regular,  have  not  suffered 
any  Improvement  to  be  made  by  the  Proprietors ;  and  the  Tract,  even  to  this  Day,  remains  in 
common  and  undivided. 

With  Copies  of  the  Letter  Patent  and  Indian  Purchase,  I  have  ordered  to  be  laid  before 
you,  the  Proceedings  at  a  late  Conference  with  the  Mohocks,  which  discover  fresh  Complaints, 
and  that  while  those  People  appeal  to  ourselves  for  a  Proof  of  their  Attachment,  they  reproach 
us  with  a  Delay  of  the  Justice  due  to  them,  in  Return  for  their  unshaken  Fidelity.  I  cannot, 
therefore  doubt  your  applying  the  most  effectual  Remedy  in  a  Case  wherein  the  Honour  of 
the  Crown,  and  the  Interest  of  the  Publick  are  highly  concerned. 

Fort  George  New  York  CADWALLADER  COLDEN. 

2d  October  1764. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  to  prevent  the 
Exportation  of  unmerchantable  Flour,  and  the  false  taring  of  Bread  and  Flour  Cask,  together 
with  the  acts  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  Entituled  An  Act  to  restrain  Hawkers  and 
Pedlars  from  selling  without  Lycence  in  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 


1550  Journal  of  the  Legislative  Council  of  New  York.  [ImsV/sT 

The  Bill  Entituled  [appointing  Storm  Beckers,  Martoinus  Van  Alstyne,  and  Samuel  Ferris 
Commissioners  for  laying  out  Highways  within  the  Limits  therein  mentioned  in  the  County 
of  Albany]  was  read  the  second  time  and 

Ordered  to  he  committed. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Mr  Holland,  with  the  Bill  Entituled 
[An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
first  dav  of  January  One  thousand  seven  hundred  and  sixty  five,  to  the  first  day  of  January  one 
thousand  seven  hundred  and  sixty  six  inclusive]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Douvv  and  Mr  P.  R.  Livingston  with  the  Bill 
Entituled  [An  Act  to  enable  the  Supervisors  of  Dutches  County,  to  raise  a  Sum  not  exceeding 
two  hundred  Pounds,  for  finishing  the  Goal  of  the  said  County]  desiring  the  Concurrence  of 
the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Captain  Seaman  with  the  Bill 
Entituled  [An  Act  to  raise  a  Fund  for  defraying  Damages  done  by  Dogs  in  the  County  of 
Richmond]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Capt :  Seaman  and  Mr  Wisner  with  the  Bill 
Entituled  [An  Act  to  continue  the  several  Acts  therein  mentioned  respecting  the  Highways  in 
the  County  of  Suffolk]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  four  Bills  be  read. 

Then  the  said  four  Bills  were  read  the  first  time  and 

Ordered  a  second  Reading. 

The  Council  adjourned  til  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  fourth  day  of  October,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony,  from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  five  to  the  first 
day  of  January  one  thousand  seven  hundred  and  sixty  six  inclusive]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  enable  the  Supervisors  of  Dutches  County  to  raise  a  Sum  not 
exceeding  two  hundred  Pounds  for  finishing  the  Jail  of  the  said  County]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  raise  a  Fund  for  defraying  Damages  done  by  Dogs  in  the 
County  of  Richmond]  was  read  the  second  time  and 

Ordered  to  be  comitted. 

The  Bill  Entituled  [An  Act  to  continue  the  several  therein  mentioned  respecting  the 
Highways  in  the  County  of  Suffolk]  was  read  the  second  time  and 

Ordered  to  be  comitted. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Mr  Kissam  with  the  Bill  Entituled 
[An  Act  to  prevent  hunting  with  Fire  Arms  and  Robing  of  Orchards,  Gardens  Cornfields,  and 
in  other  inclosed  Lands  in  the  Township  of  Brookland  in  Kings  County]  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  till  to  Morrow  Morning  11  o  Clock. 


1764.]  Cadwallader  Colden,  Esq:  Lieut  Governor.  1551 

Friday,  the  fifth  day  of  October,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  prevent  Hunting  with  Fire  Arms,  and  robbing  of  Orchards, 
Gardens,  Cornfields,  and  in  other  inclosed  Lands  in  the  Township  of  Brookland  in  Kings 
County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Thursday  next  at  11  o  Clock  in  the  Morning. 


Thursday,  the  Eleventh  day  of  October,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Mr  Seaman  with  the  Bill 
entituled  [An  Act  for  paying  and  discharging  several  Sums  of  Money  claimed  as  publick  Debts 
of  this  Colony,  and  other  Purposes  therein  mentioned]  desiring  the  Concurrence  of  the  Council 
thereto. 

A  Message  from  the  General  Assembly  by  Alderman  Livingston  and  Mr  Ten  Eyck  with  the 
Bill  entituled  [An  Act  to  revive  an  Act  entituled  An  Act  for  raising  three  Thousand  Pounds  by 
way  of  Lottery  to  be  laid  out  in  a  Bounty  on  Hemp  to  be  raised  in  this  Colony,  and  for 
prolonging  the  Time  of  drawing  said  Lottery]  desiring  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Schenck  with  the  Bill  entituled 
[An  Act  to  appropriate  the  Monies  that  have  arisen  in  Kings  County  and  Queens  County  by  the 
Fines  and  Forfeitures  from  the  People  of  the  church  or  Congregation  called  Unitas  Fratrum, 
or  united  Brethren,  and  from  the  People  called  Quakers  by  Virtue  of  the  Acts  therein 
mentioned]  desireing  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  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twelfth  day  of  October,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono11*  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  paying  and  discharging  several  Sums  of  Money  claimed  as 
publick  Debts  of  this  Colony,  and  other  Purposes  therein  mentioned]  was  read  the  second  time 
and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  revive  an  Act  entituled  An  Act  for  raising  three  Thousand 
Pounds  by  way  of  Lottery  to  be  laid  out  in  a  Bounty  on  Hemp  to  be  raised  in  this  Colony, 
and  for  prolonging  the  time  of  drawing  said  Lottery]  was  read  the  second  time  and 


1552  Journal  of  the  Legislative  Council  of  New  York,  [2££  {£££ 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  appropriate  the  Monies  that  have  arisen  in  Kings  County  and 
Queens  County  by  the  Fines  and  Forfeitures  of  the  People  of  the  Church  or  Congregation 
called  Unitas  Fratrum  or  united  Brethren,  and  from  the  People  called  Quakers  by  Virtue  of  the 
Act  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Saturday,  the  thirteenth  day  of  October,  1764.    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Ho?iotle  DANIEL  HORSMANDEN,  Esq/,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Verplank  and  Mr  Kissam  with  the  Bill  Entituled 
[An  Act  to  enable  the  Supervisors  of  the  County  of  Westchester,  to  jraise  the  sum  of  eight 
hundred  ninety  and  two  Pounds  due  from  the  said  County,  on  the  Act  therein  mentioned] 
desiring  the  Concurrence  of  the  Council  thereto. 

A  Messnge  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Boerum  with  the  Bill 
intituled  [An  Act  to  lay  a  Duty  on  certain  Goods  Wares  and  Merchandizes  sold  at  publick 
Vendue,  Auction,  or  Outcry,  in  the  City  and  County  of  New  York]  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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  dividing  the  Precinct  of  Goshen  in  Orange  County  into  two  Precincts,  to  be  called  by 
the  Names  of  Goshen  and  Cornwall]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  entituled  An  Act  to  prevent  the  exportation  of  unmerchantable 
Flour  and  the  false  taring  of  Bread  and  Flour  Cask  together  with  the  Act  therein  mentioned] 
and  after  sometime  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  it  self  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  entituled,  An  Act  to  restrain  Hawkers  and  Pedlars  from  selling  without 
Licence  in  this  Colony]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 


1764.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1553 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled,  [An 
Act  appointing  Storm  Beckers,  Martoinus  Van  Alstyne  and  Samuel  Ferris  Commissioners  for 
laying  out  Highways  within  the  Limitts  therein  mentioned,  in  the  County  of  Albany]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and  • 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  h-td  directed  him  to  report  the  same  without  auy  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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled,  [An 
Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the  lirst 
day  of  January  one  thousand  seven  hundred  and  sixty  five,  to  the  first  day  of  January  one 
thousand  seven  hundred  and  sixty  six  inclusive]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Supervisors  of  Dutches  County,  to  raise  a  sum  not  exceeding  two  hundred 
pounds  for  finishing  the  Goal  in  the  said  County]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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 

Ordtrcd,  that  the  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  pu^ 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  three  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  raise  a  Fund  for  defraying  damages  done  by  Dogs  in  the  County  of  Richmond]  and  after 
some  time  spent  therein, 

Tiie  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Comittee 
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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Tnen  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  the  several  Acts  therein  mentioned  respecting  the  Highways  in  the  County  of 
Suffolk]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Comittee 
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. 
Ordered,  that  the  said  Bill  be  read  the  third  time. 

195 


1554  Journal  of  the  Legislative  Council  of  New  York. 

Then  the  said  Bill  was  read  the  third  time  and 
On  the  Question  being  put 
Resolved,  that  the  said  Bill  do  pass. 
The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  paying  and  discharging  several  sums  of  money  claimed  as  publick  Debts  of  this  Colony 
and  other  purposes  therein  mentioned]  and  after  some  time  spent  therein 
The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Comittee 
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. 
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  Mr  Read  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  Amendment. 
The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  revive  An  Act  entituled,  An  Act  for  raising  three  thousand  pounds  by  way  of  Lottery 
to  be  laid  out  in  a  Bounty  on  Hemp,  to  be  raised  in  this  Colony,  and  for  prolonging  the  time  of 
drawing  the  said  Lottery]  and  after  some  time  spent  therein, 
The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  in  his  place  reported  that  the  Comittee 
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. 
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  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  last  mentioned  Bill  without  any  amendment. 
The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  hunting  with  Fire  Arms  and  robbing  of  Orchards,  Gardens,  Cornfields,  and  in 
other  inclosed  Lands  in  the  Township  of  Brookland  in  Kings  County]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Comittee  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  Bill,  with  the 
Amendments,  in  at  the  Table,  where  the  Amendments  were  again  read,  and  being  agreed  to, 
the  Amendments  were 

Ordered  to  be  engrossed,  and  being  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  as  amended  do  pass. 

Ordered,  that  Mr  Walton  do  Carry  hack  the  said  Bill  with  the  amendment  to  the  General 
Assembly,  and  acquaint  them  that  the  Council  have  passed  the  said  Bill  with  those  Amendments, 
to  which  they  desire  the  Concurrence  of  that  House. 

The  Council  adjourned  till  four  o  clock  on  Monday  next  in  the  afternoon. 


1764.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1555 

Monday,  the  fifteenth  day  of  October,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT —  The.  HonoMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  enable  the  Supervisors  of  the  County  of  Westchester,  to  raise 
the  Sum  of  Eight  hundred  ninety  and  two  Pounds,  due  from  the  said  County  on  the  Act 
therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

Mr  Watts  from  the  Committee  of  the  whole  House  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  Q.uestion  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 

Rcsolced,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  lay  a  Duty  on  certain  Goods  Wares  and  Merchandizes  sold  at 
publick  Vendue  Auction  or  Outcry  in  the  City  and  County  of  New  York]  was  read  the  second 
Time  and 

On  the  Question  being  put 

Whether  the  Bill  should  be  committed 

It  passed  in  the  Negative. 

The  Speaker  then  put  the  Question 

Whether  the  Bill  should  be  rejected  or  not, 

Which  passed  in  the  Affirmative :     And 

Thereupon  it  was  unanimously 

Resolved,  that  the  Bill  be  rejected. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Tuesday,  the  Sixteenth  day  of  October,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  WILLIAM  SMITH,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1556  Journal  of  the  Legislative  Council  of  New  York.  [^  s"™' 

Wensday,  the  seventeenth  day  of  October,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Lispenard  with  the  Bill 
Entituled  [An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the  Several  Officers  of  the 
Government  from  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  four  to  the  first 
day  of  September  1765  included]  desireing  the  Concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Alderman  Livingston  with  the  Bill 
Entituled  [An  Act  for  appropriating  the  sum  of  fifty  nine  thousand  two  hundred  and  fifty 
Pounds  of  the  Monies  therein  mentioned  for  calling  in,  Sinking  and  Cancelling  Bills  of  Credit  to 
that  amount  of  the  Emissions  therein  mentioned]  desiring  the  Concurrence  of  the  Council 
thereto. 

A  Message  from  the  General  Assembly  by  Coll  Livingston  and  Coll  Seaman  with  the  Bill 
Entituled  [An  Act  to  continue  an  Act  Entituled  an  Act  to  prevent  damages  by  Swine  in  the 
Manor  of  Livingston]  desireing  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Kissam  with  the  Bill  Entituled 
[An  Act  for  the  better  regulating  the  publick  Roads  in  the  City  and  County  of  New  York,  and 
to  Levy  Money  to  Defray  the  Expences  thereof,]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  four  Bills  be  read. 

Then  the  said  four  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  til  Tomorrow  Morning  11  o  Clock. 


Thursday,  the  Eighteenth  day  of  October,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoU6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  the  Payment  of  the  Salaries  and  Services  of  the  several  Officers 
of  the  Government  from  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  four 
to  the  first  day  of  September  1705  included]  was  read  the  second  time  and  , 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  appropriating  the  sum  of  fifty  nine  thousand  two  hundred 
and  fifty  Pounds  of  the  Monies  therein  mentioned  for  calling  in  sinking  and  Cancelling  Bills  of 
Credit  to  that  amount  of  the  Emissions  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  continue  an  Act  entituled  An  Act  to  prevent  damages  by 
Swine  in  the  Manor  of  Livingston]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  better  regulating  the  publick  Roads  in  the  City  and 
County  of  New  York,  and  to  levy  Money  to  defray  the  Expence  thereof]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Coll  Livingston  and  Mr  Kissam  with  the  Bill 
Entituled  [An  Act  for  naturalizing  Hermanus  Myer,  Frans  Petrus  Roggen,  Johan  Jacob  Roggen, 
Gerrit  Whelp  Nicholas  Falk,  Christopher  Abraham,  Vernezobre  Aaron  Isaacs,  Hendrick  Sleghs, 
Jury  Mack,  Jacob  Seilie  Michael  Saxe,  Henry  Weiderstein,  Christian  Schell,  Johannes  Schell, 
Johannis  Roosevelt  and  John  Styers]  desireing  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. 


1764.]  .Cadwallader  Colden,  Esq:  Lieut.  Governor.  1557 

Then  the  said  Bill  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  Payment  of  the  Salaries  and  Services  of  the  several  Officers  of  the  Government  from 
the  first  day  of  September  one  thousand  seven  hundred  and  sixty  four  to  the  first  day  of 
September  one  thousand  seven  hundred  and  sixty  five,  included]  And  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  appropriating  the  sum  of  fifty  nine  thousand  two  hundred  and  fifty  Pounds  of  the 
monies  therein  mentioned,  for  calling  in  sinking  and  cancelling  Bills  of  Credit  to  that  Amount 
of  the  Emissions  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled,  [An 
Act  to  continue  An  Act  Entituled  An  Ace  to  prevent  Damages  by  Swine  in  the  Manor  of 
Livingston]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  7-eport  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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  better  regulating  the  publick  Roads  in  the  City  and  County  of  New  York  and  to 
levy  Money  to  defray  the  Expence  thereof]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Ant  for  naturalizing  Harmanus  Myer,  Frans  Petrus  Roggen,  Johan  Jacob  Rosrgen,  Gerret  Welp, 
Nicholas  Falk,  Christoper  Abraham  Vernezobre,  Aaron  Isaaces,  Hendrick  Sleght,  Jury  Mick, 
Jacob  Seilie,  Michael  Saxe,  Henry  Weirderstein,  Christian  Schell,  Johannes  Schell,  Johannis 
Roosevelt  and  John  Styers]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Comittee  of  the  whole  House  in  his  place  Reported  that  the  Comittee 
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. 
Ordered,  that  the  said  Bill  be  read  the  third  time. 


1558  Journal  of  the  Legislative  Council  of  New  York. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  amendment. 

A  Message  from  the  General  Assembly  by  Coll  Seaman  and  Mr  Boerum  with  the  Bill 
Entituled  [An  Act  for  the  better  laying  out,  regulating  and  keeping  in  repair  Common  and 
publick  highways  in  Richmond  County]  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  till  Tomorrow  Morning  11  o  clock. 


Firday,  the  Nineteenth  day  of  October,  1764. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honoblt  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in  repair 
common  and  publick  Highways  in  Richmond  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  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. 

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. 

A  Message  from  the  General  Assembly  (by  Mr  Bayard  and  Captain  Seaman)  desireing  to  be 
informed  what  progress  this  House  hath  made  in  the  Bill  Entituled  [An  Act  to  lay  a  certain 
Duty  on  Goods  Wares  or  Merchandizes  sold  at  publick  Vendue,  Auction  or  Out  Cry  in  the  City 
and  County  of  New  York.] 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  in  answer  to  their  said  Message 
that  this  House  hath  rejected  the  said  Bill. 

A  Message  from  the  General  Assembly  (by  Captain  Seaman  and  Mr  Schenck)  desiring  to  be 
informed  what  Progress  this  House  hath  made  in  the  Bill  entituled  [An  Act  to  appropriate  the 
Monies  that  have  arisen  in  Kings  County  and  Queens  County,  by  the  Fines  and  Forfeitures 
from  the  People  of  the  Church  or  Congregation  called  Unitas  Fratrum,or  united  Brethren,  and 
from  the  People  called  Quakers,  by  Virtue  of  the  Acts  therein  mentioned] 

The  Council  taking  the  said  Message  into  Consideration  ; 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly,  that  this  House  conceiving  it 
will  be  more  for  the  publick  Service,  as  well  as  the  Security  of  the  said  Counties,  that  the 
Arms  already  provided,  should  be  repaired  and  kept  in  good  order,  and  others  purchased  with 
the  Monies  arisen,  and  not  yet  applyed ;  than  that  the  said  Monies,  and  the  Monies  to  arise  by 
the  Sale  of  the  Arms,  should  be  appropriated  towards  paying  the  publick  Taxes  of  the  said 
Counties :  have  for  this  Reason  declined  proceeding  any  farther  on  the  Bill. 

A  Message  from  the  General  Assembly  by  Coll  Livingston  and  Mr  Schenck,  with  the  Bill 
Entituled  [An  Act  for  facilitating  the  Settlement  of  the  Partition  Line  between  the  Colony  of 
New  York,  and  the  Province  of  the  Massachusets  Bay]  desireing  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  4  o  Clock  in  the  Afternoon. 


1764.J  Cadwallader  Colden,  Esq:  Lieut.  Governor.  1559 

Friday,  the  nineteenth  day  of  October,  1764.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honob!e  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 

WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  facilitating  the  settlement  of  the  Partition  Line  between  the 
Colony  of  New  York  and  the  Province  of  the  Massachusets  Bay]  was  read  the  second  time  and 

O/dered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  assumed  the  Chair,  and 

Mr  Walton  from  the  committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

The  Council  adjourned  till  to  morrow  morning  10  o  Clock. 


Saturday,  the  twentieth  day  of  October,  1764. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  H->nob!e  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  facilitating  the  settlement  of  the  Partition  Line,  between  the 
Colony  of  New  York  and  the  province  of  the  Massachusets  Bay]  was  read  the  third  time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

His  Honour  the  Lieutenant  Governor,  being  come  to  the  Council  Chamber,  sent  a  Message  by 
the  Deputy  Secretary,  requiring  the  immediate  attendance  of  the  General  Assembly,  and  the 
General  Assembly  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  in  presence  of  the  Council  and  the  General  Assembly, 
was  pleased  to  give  his  assent  to  thirty  four  Bills,  the  Titles  whereof  are  as  follow  viz' 

An  Act  further  to  continue  An  Act  Entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes,  imported  into  this  Colony  therein 
mentioned. 

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  together  with  another  Act  therein  mentioned. 

An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York. 

An  Act  to  continue  An  Act  entituled  An  Act  for  the  Punishment  of  Persons  in  the  City  of 
New  York,  who  shall  by  false  pretences  obtain  any  Goods  Wares  or  Merchandizes  from  any 
Person  with  Intent  to  cheat  or  defraud  such  Person. 

An  Act  further  to  continue  An  Act  entitled  An  Act  to  prevent  the  Exportation  of 
unmerchantable  Flour,  and  the  false  Taring  of  Bread  and  Flour  Cask,  together  with  the  Act 
therein  mentioned. 

An  Act  to  continue  An  Act  entituled  An  Act  to  restrain  Hawkers  and  Pedlars  from  selling 
without  Lycense  in  this  Colony. 


1560  Journal  of  the  Legislative  Council  of  New  York. 

An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony,  from  the 
first  day  of  January  one  thousand  seven  hundred  and  sixty  five,  to  the  first  day  of  January  one 
thousand  seven  hundred  and  sixty  six  inclusive. 

An  Act  for  paying  and  discharging  several  sums  of  Money,  claimed  as  publick  Debts  of  this 
Colony  and  other  purposes  therein  mentioned. 

An  Act  to  revive  An  Act  entituled  An  Act  for  raising  three  Thousand  Pounds  by  way  of 
Lottery  to  be  laid  out  in  a  Bounty  on  Hemp  to  be  raised  in  this  Colony;  and  for  prolonging  the 
time  of  drawing  said  Lottery. 

An  Act  for  the  payment  of  the  Salaries  and  Services  of  the  several  Officers  of  the  Government, 
from  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  four,  to  the  first  day  of 
September  one  thousand  seven  hundred  and  sixty  five  included. 

An  Act  for  appropriating  the  sum  of  fifty  nine  thousand  two  hundred  and  fifty  Pounds,  of 
the  Monies  therein  mentioned,  for  calling  in,  sinking,  and  cancelling  Bills  of  Credit  to  that 
Amount  of  the  Emissions  therein  mentioned. 

An  Act  for  facilitating  the  settlement  of  the  Partition  Line  between  the  Colony  of  New  York, 
and  the  Province  of  the  Massachusets  Bay. 

An  Act  further  to  continue  An  Act  entituled,  An  Act  to  encourage  the  taking  and  destroying 
of  Wild  Catts  in  the  County  of  Suffolk.  » 

An  Act  further  to  continue  An  Act  entituled  An  Act  to  prevent  damages  by  Swine  in  Dutches 
County. 

An  Act  for  dividing  the  Precinct  of  Goshen  in  Orange  County,  into  two  Precincts  to  be  called 
by  the  Names  of  Goshen  and  Cornwall. 

An  Act  fur  the  better  regulating  the  Taxation  of  Estates  in  Ulster  County. 

An  Act  to  raise  within  the  bounds  and  limitts  of  the  Township  of  Schonectady  the  sum  of 
Eighty  Pounds  towards  Paying  for  a  Fire  Engine  purchased  for  the  use  of  the  said  Township. 

An  Act  for  the  more  effectual  destroying  of  Wolves  and  Pa-nthers  in  the  Counties  of  Ulster 
Dutches  &  Orange. 

An  Act  for  the  more  equal  Taxation  of  Estates  in  the  City  of  Albany. 

An  Act  to  enable  the  Supervisors  of  Richmond  County  to  raise  the  sum  of  one  thousand  and 
Seventy  eight  Pounds,  seven  Shillings  and  five  Pence  one  farthing,  due  from  the  said  County  on 
the  Acts  therein  mentioned,  and  other  incidental  Charges  of  the  said  County. 

An  Act  further  to  continue  an  Act  entituled  an  Act  to  enable  the  Mayor  Deputy  Mayor 
Recorder  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  purposes  therein  mentioned,  with  an  Addition  thereto. 

An  Act  to  raise  levy  and  collect  a  sum  not  exceeding  twenty  one  Pounds  ten  Shillings  on  the 
Estates  real  and  personal  of  all  the  freeholders  and  Inhabitants  at  the  south  side  of  the  Highlands 
in  the  County  of  Orange  to  be  applyed  for  the  uses  therein  mentioned. 

An  Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York 
to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  Pounds  for  the  Purposes  therein 
mentioned. 

An  Act  to  regulate  the  Publick  Pounds  in  the  City  and  County  of  New  York. 
An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange. 
An  Act  appointing  Storm  Beckers,  Martoinus  Van  Alstyne  and  Samuel  Ferris  Commissioners 
for  laying  out  Highways  within  the  Limits  therein  mentioned  in  the  County  of  Albany. 

An  Act  to  enable  the  Supervisors  of  Dutches  County  to  raise  a  sum  not  exceeding  two 
hundred  Pounds  for  finishing  the  Goal  of  the  said  County. 

An  Act  to  raise  a  Fund  for  defraying  Damages  done  by  Dogs  in  the  County  of  Richmond. 

An  Act  to  continue  the  several  Acts  therein  mentioned  respecting  the  Highways  in  the 
County  of  Suffolk. 

An  Act  to  enable  the  Supervisors  of  the  County  of  West  Chester  to  raise  the  sum  of  Eight 
hundred  ninety  and  two  Pounds  due  from  the  said  County  on  the  Act  therein  mentioned. 

An  Act  to  continue  An  Act  entituled  an  Act  to  prevent  damages  by  Swine  in  the  Manor  of 
Livingston. 

An  Act  for  the  better  regulating  the  Publick  Roads  in  the  City  and  County  of  New  York 
and  to  levy  Money  to  defray  the  Expence  thereof. 

An  Act  for  Naturalizing  Hermanis  Myer,  Frans  Petrus  Roggen,  Johan  Jacob  Roggen,  Garret 
Welp,  Nicholas  Falk,  Christopher  Abraham  Vernezobre,  Aaron  Isaacs,  Hendrick  Sleght,  Jury 
Mack,  Jacob  Seilie,  Michael  Saxe,  Henry  Widerstein,  Christian  Schell,  Johannes  Schell, 
Johannis  Roosevelt  and  John  Styers. 


1764.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1561 

An  Act  for  the  better  laying  out  regulating  and  keeping  in  repair  common  and  publick 
Highways  in  Richmond  County. 

After  which  the  said  thirty  four  Acts  were  published  in  the  usual  manner,  and  His  Honour 
the  Lieutenant  Governor,  the  Council,  and  the  General  Assembly  being  returned  to  the  Council 
Chamber,  His  Honour  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to 
the  Assembly  Chamber  and  to  adjourn  the  House  until  Tuesday  the  twentieth  day  of  November 
next. 

The  Speaker  resumed  the  Chair. 

His  Honour  the  Lieutenant  Governor  having  been  pleased  to  direct  the  Speaker  of  the 
General  Assembly  to  adjourn  that  House  until  Tuesday  the  twentieth  day  of  November  next. 

The  Council  therefore  adjourned  until  Tuesday  the  said  twentieth  day  of  November  next. 


[  N.  Y.  Col.  MSS.,  XCIII.,  H.  J 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  twentieth 
day  of  November  Instant  I  have  thought  fit  for  His  Majesty's  Service  to  prorogue  and  I  do  by 
and  with  the  Advice  of  his  Majesty's  Council  Prorogue  the  said  General  Assembly  to  Tuesday 
the  eighth  day  of  January  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  nineteenth  day  of  November  1764  in  the  fifth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw.  BANYAR  D  Sccnj. 

God  save  the  KING. 


[N.Y.  Col.  MSS.,  XCIII.,  20.] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esqr  his   Majesty's   Lieutanant  Governor   and  Commander  in 
(L  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  this  day  I  have 

thought  fit  for  His  Majesty's  service  to  prorogue  And  I  do   by   and  with  the  advice  of  His 

Majesty's  Council  further  Prorogue  the  said  GeueralAssembly  to  Tuesday  the  nineteenth  day  of 

196 


1562  Journal  of  the  Legislative  Council  of  New  York. 

March  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  eighth  day  of  January  1765  in  the  fifth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 

By  His  Honor's  Command 

Gw.  BANYAR  D  SHcry. 

God  save  the  KING. 


I N.  Y.  Col.  MSS.,  XCIII.,  44.  ] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esquire  His  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  Yorlc  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  tine  nineteenth 
day  of  March  Instant,  I  have  thought  fit  for  His  Majesty's  Service  to  Prorogue,  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to  Tuesday 
the  fourteenth  day  of  May  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  thirteenth  day  of  March  1765,  in  thejifth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCIII. ,70.] 

BY  THE  HONOURABLE 


CADWALLADER    COLDEN   Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories   depending  thereon  in  America 


A  PROCLAMATION. 


WHEREAS  the  General  Assembly  of  this  Province  stands  Prorouged  to  Tuesday  the  fourteenth 
day  of  May  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I  do  by  and  with 
the  Advice  of  His  Majesty's  Council  further  Prorogue  the  said  General  Assembly,  to  Tuesday 


1765.1  Cadwallader  Colden,  Esq  :  Lieut.  Governor.  1563 

the  ninth  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  eighth  day  of  May  1705  in  the  fifth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain,  France 
and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gvv  BANYAR  D  Secry. 

God  save  the  KING. 


[  N.  Y.  Col.  SISS  ,  XCIII.,  75.  ] 

BY  THE  HONOURABLE 

CADWALLADER   COLDEN  Esqr  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  Neiv  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  Ninth 
day  of  July  Instant :  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do  by  and 
with  the  Advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to 
Tuesday  the  tenth  day  of  September  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  Eighth  day  of  July  1765  in  the  fifth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


[  N.  Y.  Col.  MSB.,  XCIH.,  Oil 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN   Esqr  his  Majesty's  Lieutenant  Governor  and   Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  tenth 
day  of  September  Instant  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue  and  I  do  by 
and  with  the  Advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to 
Tuesday  \h&  fifteenth  day  of  October  next  ensuing:  Then  to  meet  to  proceed  upon  Business:  of 


1564  Journal  of  the  Legislative  Council  of  New  York.  KB™.™' 

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  Forl  George  in  the  City  of  New  York 
the  Ninth  day  of  September  1765  in  the  fifth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  GOLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


[N.  Y.  Col.  MSB.,  XCIII.,  117.) 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esquire  His  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  twenty 
ninth  day  of  October  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do 
by  and  with  the  advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly 
to  Tuesday  the  twelfth  day  of  November  next,  then  to  meet  to  proceed  on  Business  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  October  1765  in  the  Sixth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


TWENTY  NINTH  ASSEMBLY    NINTH  SESSION. 

At  a  Session  of  (he  Governor,  Council  and  General  Assembly  of  the  Province  of  New 
York,  begun  and  liolden  at  the  City  Hall  in  tlie  City  of  New  York  on  Tuesday  the 
twelfth  day  of  November,  in  the  Sixth  year  of  the  Reign  of  our  Sovereign  Lord 
George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth:  and  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  sixty  five. 

The  General  Assembly  having  on  the  twentieth  day  of  October  1764  by  the  directions  of  his 
Honour  the  Lieutenent  Governor,  been  adjourned  to  the  twentieth  day  of  November  following: 
His  Honour  the  Lieutenant  Governor  was  pleased  by  sundry  proclamations  to  Prorogue  them 
on  and  to  the  days  following,  that  is  to  say.  On  the  19"'  day  of  November  aforesaid,  to  the 


1765.]  Sir  Henry  Moore,  Baronet,  Governor.  1565 

eighth  day  of  January  1705  ;  On  the  eighth  day  of  January  aforesaid,  to  the  19th  day  of  March 
following:  On  the  13lh  day  of  March  to  the  14th  day  of  May  following.  On  the  8th  day  of  the 
said  Month  of  May  to  the  9"'  day  of  July  following:  On  the  8th  clay  of  the  said  Month  of  July 
to  the  10th  day  of  September  following;  On  the  9lb  day  of  the  said  month  of  September  to  the 
15th  day  of  October  following;  On  the  9lh  day  of  the  said  month  of  October  to  the  29th  day  of 
the  same  month,  and  on  the  said  29lh  day  of  October  unto  this  day,  then  to  meet  to  proceed  on 
Business. 

The  Council  met  accordingly. 

PRESENT —  The  Honolle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  11  O'Clock. 


Wednesday,  the  thirteenth  day  of  November,  1765. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolle  DANIEL  HORSMANDEN,  Esqr, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
CHRRLES  WARD  APTIIORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York,  and  the  Territories  depending  thereon,  landing  this  day  ;  and 
his  Majesty's  Letters  Patent  to  him  as  Captain  General  having  been  published,  and  the  Oaths 
admiustred  to  his  Excellency,  he  was  afterwards  pleased  to  direct  the  Speaker  of  the  General 
Assembly  to  adjourn  the  House  until  Tuesday  next. 

The  Council  therefore  adjourned  to  the  same  day  at  11  O'Clock  in  the  Morning. 


Tuesday,  the  Nineteenth  day  of  November,  1765. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono!lle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor 
and  Vice  Admiral  of  the  same,  being  come  to  the  Council  Chamber,  sent  a  Message  requiring 
the  immediate  attendance  of  the  General  Assembly  in  the  Council  Chamber  in  the  City  Hall. 

The  General  Assembly  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  Copy  to  the  Speaker  of  the  General 
Assembly,  together  with  a  copy  to  each,  of  a  Letter  from  Governor  Murray  of  Quebec,  dated 
29th  June  1765  recommending  the  case  of  the  unhappy  sufferers  by  the  late  Fire  at  Montreal. 


m 


1566  Journal  of  the  Legislative  Council  of  New  York.  [ 

His  Excellency  having  left  the  Council  Chamber,  and  the  General  Assembly  being  returned 
to  the  Assembly  Chamber 

The  Speaker  resumed  the  Chair. 

Ordered  that  his  Excellency's  Speech  be  read. 

Then  His  Excellency's  Speech  was  read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows  viz'. 

Gentlemen  of  the  Council,  and  Gentlemen  of  the   General  Assembly, 

His  Majesty  having  been  pleased  to  appoint  me  His  Governor  in  Chief  of  this  Province,  I 
have  given  you  the  earliest  Opportunity  after  my  Arrival,  of  making  that  Provision  for  the 
Exigencies  of  the  Government  which  the  Expiration  of  your  annual  Laws,  and  the  public 
Service  in  general,  may  require ;  and  am  fully  persuaded  that  your  Attention  to  the  Welfare  of 
this  Province,  will  induce  you  to  take  into  your  serious  Consideration,  the  various  Plans  which 
have  at  different  Times  been  proposed  for  the  Encouragement  of  the  American  Colonies,  by 
extending  the  different  Branches  of  their  Commerce,  which  if  properly  attended  to  cannot  fail 
of  becoming  a  lasting  Source  of  Wealth,  not  only  to  yourselves,  but  to  your  Mother  Country. 

Gentlemen  of  the  General  Assembly, 

After  the  necessary  Supplies  of  the  Government  are  provided,  I  beg  Leave  to  recommend  to 
you  the  Case  of  the  unhappy  Sufferers  by  the  late  Fire  at  Montreal:  Their  Distresses  plead 
loudly  for  them,  and  render  an  Application  in  their  Behalf  highly  proper,  as  private 
Contributions  bear  so  small  a  Proportion  to  the  Relief  required  in  so  general  a  Calamity. 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  General  Assembly, 

I  flatter  myself,  that  your  Zeal  for  His  Majesty's  Service,  and  the  Good  of  your  Country, 
will  engage  you  to  carry  on  your  Session  with  the  Unanimity  becoming  your  Station,  and  the 
Purposes  for  which  you  are  convened  :  Let  these  great  Objects  be  ever  present  before  you,  and 
have  such  Influence  on  your  Conduct,  as  not  to  be  undeserving  of  that  Protection  which  has 
been  extended  by  our  Most  Gracious  Sovereign,  to  his  most  distant  Subjects.  My  ready 
Concurrence  bhall  never  be  wanting  in  every  Measure  consistent  with  the  King's  Instructions, 
which  can  tend  to  promote  the  Interests  of  this  Province;  and  I  shall  be  extremely  happy  to 
have  it  in  my  Power,  as  much  as  it  is  in  my  Inclination,  to  make  it  the  most  flourishing  Part 
of  His  Majesty's  Dominions  in  America. 

Council  Chamber  New  York  HENRY  MOORE. 

19th  Novr  1705. 

Ordered,  that  his  Excellency's  Speech  be  forthwith  printed. 

Mr  Walton  then  moved  that  an  humble  Address  might  be  presented  by  this  House  to  his 
Excellency  in  answer  to  his  Speech 

Which  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  by  this  House  to  his  Excellency  accordingly. 

Ordered,  that  Mr  Watts,  Mr  Walton,  Mr  DeLancey,  Mr  Reade  and  Mr  Morris  be,  and  they  are 
hereby  appointed  a  Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  lay  the 
same  before  this  House  on  Friday  next. 

The  Council  adjourned  til  Friday  at  11  O'Clock  in  the  morning. 


Friday,  the  twenty  second  day  of  November,  1765. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobl6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
CHARLES  WD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Morris  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  be 
presented  by  this  House  to  his  Excellency,  Reported  that  the  Committee  had  prepared  the  Draft 
of  an  Address  accordingly,  which  he  read  in  his  place,  and  then  delivered  the  same  in  at  the 
Table,  where  the  same  was  again  read,  and  being  agreed  to,  was 


1765.]  Sir  Henry  Moore,  Baronet,  Governor.  1567 

Ordered  to  be  engrossed. 

The  Engrossed  Address  to  his  Excellency  was  read. 

Ordered,  that  the  Speaker  do  sign  the  said  Address  to  his  Excellency  in  behalf  of  this  House, 
who  having  signed  the  same  accordingly 

Ordered  that  Mr  Watts  and  Mr  Morris  do  wait  on  his  Excellency  and  desire  to  know  when  he 
will  be  pleased  to  be  attended  by  this  House  with  their  Address. 

The  said  Gentlemen  being  returned  reported,  that  they  had  delivered  the  said  Message  to  his 
Excellency,  and  that  he  was  pleased  to  appoint  Tuesday  next  at  11  O'Clock  when  he  would 
receive  the  Councils  address  at  the  Council  Chamber  in  Fort  George. 

The  Council  adjourned  till  Tuesday  next  at  11  O'Clock.  • 


Tuesday,  the  twenty  sixth  day  of  November,  1765 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honobu  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and  with 

The  Council  went  to  Fort  George  to  present  the  humble  Address  of  this  House  to  his 
Excellency.  And  being  returned 

The  Speaker  resumed  the  Chair  and 

Reported  that  having  with  Council  attended  his  Excellency  and  presented  to  him  the  humble 
Address  of  this  House,  his  Excellency  had  been  pleased  to  return  a  favourable  Answer  thereto, 
which  he  delivered  in  at  the  Table,  and  the  same  being  read 

Ordered,  that  the  said  humble  Address  and  his  Excellency's  Answer  thereto  be  entered  in  the 
Minutes  of  this  House  which  are  as  follow. 

To  his  Excellency  Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America, 
Chancellor,  and  Vice  Admiral  of  the  same. 

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

May  it  please  your  Excellency, 

We  his  Majesty's  most  dutiful  and  loyal  Subjects  the  Council  for  the  Province  of  New  York, 
return  our  Thanks  to  your  Excellency  for  your  Speech,  and  beg  leave  to  offer  you  our 
unfeigned  congratulations  on  your  safe  arrival,  and  accession  to  this  Government. 

We  shall  always  esteem  it  our  Duty  to  pay  a  serious  Regard  to  whatever  your  Excellency 
shall  be  pleased  to  recommend  to  us,  for  His  Majesty's  Service,  and  the  Improvement  and 
advantage  of  this  Colony,  of  which  its  commerce  is  one  of  the  main  objects,  and  as  the  generous 
extention  of  it,  will  be  a  lasting  Source  of  Wealth,  so  it  will  be  the  principal,  if  not  the  only 
Means  of  rendering  it  eminently  useful  to  the  Mother  Country. 

We  have  little  doubt  of  carrying  on  the  business  of  the  Sessions  in  conjunction  with  the  other 
Branches  of  the  Legislature,  with  a  zeal  not  unbecoming  our  Stations,  and  with  a  unanimity 
inseparable  from  the  Good  of  the  Colony.  These  we  are  sensible  are  momentous  Objects,  and 
should  be  ever  before  us.  We  gratefully  acknowledge,  and  feel  the  paternal  Protection 
extended  by  our  Most  Gracious  Sovereign  over  his  American  Subjects :  And  whatever  unfavourable 
planet  may  for  a  time  have  shed  its  influence  over  the  public  Measures  of  this  Colony,  we  still 
hope,  under  the  Administration  of  a  Gentleman  of  your  Excellency's  known  and  approv'd  good 
Qualities  and  experience,  to  shew  ourselves  deserving  of  that  Protection,  and  soon  to  see  the 
Colony  restored  to  the  happy  state  it  enjoy'd  under  the  mild  and  unblemish'd  Government  of 
your  worthy  Predecessor  General  Monckton. 

By  order  of  the  Council 

Council  Chamber  New  York  DAN"-  HORSMANDEN  Speaker. 

22d  Novr  1765. 

To  which  His  EXCELLENCY  was  pleased  to  return  the  following  Answer 


1568  Journal  of  the  Legislative  Council  of  Neio  York. 

Gcntlfmen  of  the  Council, 

I  return  you  my  hearty  thanks  for   your    Congratulations  in   this    Address,   and  for  the 
assurances  you  have  given  me,  of  a  due  attention  to  whatever  shall  be  recommended  to  you  for 
his  Majesty's  service,  And  the  advantage  of  this  Colony.    The  powerful  Example  of  Unanimity, 
in  the  Legislative  Bodies,  cannot  fail  of  making  favourable  Impressions  on  the  Minds  of  the 
People,  and  will  of  course  be  productive  of  Measures,  which,  at  the  same  time  they  constitute 
the  publick  Tranquility  and  happiness  will  carry  their  own  Recommendation  to  the  protection 
of  our  most  Gracious  Sovereign. 
Fort  George,  New  York 
November  26th,  1765. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Monday  the  9tb  December  next  at  11  O'Clock  in  the  Morning. 


Monday,  the  Ninth  day  of  December,  1765. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono11*  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOUN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Speaker  informed  the  House  that  he  had  received  a  Message  accompanied  with  the 
papers  therein  referred  to  from  his  Excellency  the  Governor  by  the  Deputy  Secretary,  which 
Message  and  papers  Mr  Speaker  laid  before  the  House,  and  being  read,  the  Message  was 

Ordered  to  be  entered  in  the  minutes,  and  is  in  the  words  following  that  is  to  say. 

Gentlemen, 

TheExpence  of  furnishing  the  King's  Troops  in  America  with  Quarters,  Carriages  and  other 
Necessaries,  being  by  an  Act  passed  the  last  Session  of  Parliament,  to  be  defrayed  by  the 
respective  Colonies,  the  Commander  in  Chief  of  his  Majesty's  Forces  hath  in  Consequence 
thereof,  demanded  of  this  Province  that  Provision  which  the  Act  requires,  for  the  Troops  at 
any  Time  quarter'd  within,  or  marching  through  it.  As  you  will  be  best  able  to  judge  of  the 
Nature  of  this  Provision  by  the  Law  itself,  and  the  General's  Letter  to  me,  I  have  order'd  Copies 
of  both,  with  the  Return  of  the  Forces,  to  be  laid  before  you  ;  and  I  flatter  myself  that  you 
will  chearfully  and  readily  comply  with  what  is  expected  of  the  Colony. 
Fort  George  New  York  '  H.  MOORE. 

3d  December  17G5. 

A  Message  from  the  General  Assembly  by  Coll"  Haasbrouck  and  Mr  Kissam  with  the  Bill 
Entituled,  [An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty 
the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this 
Colony  therein  mentioned]  desiring  the  Concurrence  of  the  Council  thereto. 

Resolved,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  rend  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Alderman  Livingston  and  Captain  Seaman 
with  the  Bill  Entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  to  lay  a  duty  of  Tonnage 
on  Vessels  for  defraying  the  expence  of  the  Light  House  on  Sandy  Hook]  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. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Mr  Cruger  with  the  Bill  entituled 
[An  Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York 
to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  pounds  for  the  uses  and  purposes 
therein  mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

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

Ordered  a  second  reading. 


1765.]  Sir  Henry  Moore,  Baronet,  Governor.  1569 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Mr  Schenck  with  the  Bill  Entituled, 
[An  Act  to  restrain  the  feeding  and  burning  the  Grass  and  Cutting  the  Timber  on  certain 
Beeches  and  Islands  therein  mentioned]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordend,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Mr  Schenck  with  the  Bill 
Entituled,  [An  Act  to  raise  levy  and  Collect  the  sum  of  Nineteen  pounds  and  thirteen  Shillings 
due  and  in  Arrear  from  the  Inhabitant  or  Inhabitants  of  Eaton's  Neck  in  Suffolk  County]  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  till  4  o'clock  in  the  Afternoon. 


Monday,  the  ninth  day  of  December,  1765.     Pl  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods,  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  to  lay  a  Duty  of  Tonnage 
on  Vessels  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York,  to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  pounds  for  the  uses  and 
purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  to  restrain  the 
feeding  and  burning  the  Grass  and  Cutting  the  Timber  on  certain  Beeches  and  Islands  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  raise  levy  and  collect  the  sum  of  Nineteen  pounds  and 
thirteen  shillings  due  and  in  arrear  from  the  Inhabitant  or  Inhabitants  of  Eatons  Neck  in 
Suffolk  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  Adjourned  till  to  morrow  Morning  12  o'clock. 


197 


1570  Journal  of  the  Legislative  Council  of  New  York. 

Tuesday,  the  tenth  day  of  December,  1765. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN.  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
Earl  of  STIRLING, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™, 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  farther  to  continue  An  Act  entituled,  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  Impositions  on  Goods  Wares  and  Merchandizes,  imported  into  this  Colony  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  tiie  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An  Act 
to  continue  An  Act  entituled,  An  Act  to  lay  a  Duty  of  Tonnage  on  Vessels  for  defraying  the 
Expence  of  the  Light  House  on  Sandy  Hook]  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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,  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York,  to 
order  the  raising  a  sum  not  exceeding  fourteen  hundred  pounds  for  the  uses  and  purposes 
therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Biil  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  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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  entituled,  An  Act  to  restrain  the  feeding  and  burning  the  Grass 
and  Cutting  the  Timber  on  certain  Beeches  and  Islands  therein  mentioned]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  the  same  without  any  Amendment. 

Whii'h  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 


1765.]  Sir  Henry  Moore,  Baronet,  Governor.  1571 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  raise  levy  and  collect  the  sum  of  Nineteen  pounds  and  thirteen  shillings,  due  and  in 
arrear  from  the  Inhabitant  or  Inhabitants  of  Eaton's  Neck  in  Suffolk  County]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  three  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  12  o'Clock. 


Wednesday,  the  eleventh  day  of  December,  1765. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Hono''1"  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  resumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Colonel  Hasbrouck  with  the 
Bill  entituled,  [An  Act  to  continue  An  Act  entituled  An  Act  for  the  more  equal  Taxation  of 
Estates  in  the  City  of  Albany]  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. 

A  Message  from  the  General  Assembly  by  Captain  Douw  and  Mr  Ten  Broeck  with  the  Bill 
entituled  [An  Act  for  vesting  the  Property  of  the  Stone  Wall  on  the  north  side  of  the  City  of 
Albany  in  the  Corporation  of  the  said  City  for  the  use  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  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  4  o'clock  in  the  afternoon. 


Wednesday,  the  eleventh  day  of  December,  1765.    Pl  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCEY, 
Earl  of  STIRLING, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  resumed  the  Chair. 

The  Bill  entituled  [An  Act   to   continue  An  Act   entituled  An  Act  for   the   more    equal 
Taxation  of  Estates  in  the  City  of  Albany]  was  read  the  second  time  and 
Ordered  to  be  committed. 


1572  Journal  of  the  Legislative  Council  of  New  York.  [^*  j^'"™ 

The  Bill  Entituled  [An  Act  for  vesting  the  property  of  the  Stone  Wall  on  the  north  side  of 
the  city  of  Albany  in  the  Corporation  of  the  said  City  for  the  use  therein  mentioned]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  to  Friday  next  at  11  o'clock  in  the  morning. 


Friday,  the  thirteenth  day  of  December,  1765. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON. 
Earl  of  STIRLING, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled 
[An  Act  to  continue  An  Act  entituled  An  Act  for  the  more  equal  Taxation  of  Estates  in  the 
City  of  Albany]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  directed  him  to  report  the  same  without  anysAmendment. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  vesting  the  property  of  the  Stone  Wall  on  the  north  side  of  the  City  of  Albany,  in  the 
Corporation  of  the  said  City  for  the  use  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Hasbrouck  and  Mr  Wisner,  with  the  Bill 
Entituled  [An  Act  to  enable  the  Supervizors  of  Ulster  County  to  raise  a  sum  not  exceeding 
one  hundred  pounds,  to  repair  the  County  House  and  Goals,  and  also  for  altering  and  completing 
the  Court  House]  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. 

A.  Message  from  the  General  Assembly  by  Mr  Ten  Broeck  and  Coll.  Livingston  with  the  Bill 
Entituled  [An  Act  to  prevent  Damages  by  Swine  in  that  part  of  the  Manor  of  Renselaerswyck 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Wisner  and  Col.  Seaman  with  the  Bill  Entituled 
[An  Act  for  the  better  laying  out,  regulating  and  keeping  in  Repair  common,  publick,  and 
private  Highways  on  the  north  side  of  the  Highlands  in  the  County  of  Orange]  desiring  the 
concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read 

Then  the  said  Bill  was  read  the  first  time  and 

Ordtred  a  second  reading. 


1765.]  Sir  Henry  Moore,  Baronet,  Governor.  1573 

A  Message  from  the  General  Assembly  by  Colonel  Hasbrouck  and  Mr  Wisner  with  the  Bill 
Entituled  [An  Act  for  the  better  clearing  mending  and  further  laying  out  publick  Highroads 
and  others  in  the  County  of  Ulster]  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. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Colonel  Seaman  with  the  Bill 
Entituled,  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  the  better  clearing  and 
further  laying  out  Publick  Highways  in  the  County  of  Westchester,  with  some  alterations] 
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. 

Council  adjourned  til  4  o'clock  in  the  Afternoon. 


Friday,  the  thirteenth  day  of  December,  1765.     P'  Merid. 

The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
Earl  of  STIRLING, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  enable  the  Supervisors  of  Ulster  County  to  raise  a  sum  not 
exceeding  one  hundred  pounds  to  repair  the  County  House  and  Goals,  and  also  for  altering  and 
completing  the  Court  House]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled,  [An  Act  to  prevent  Damages  by  Swine  in  that  part  of  the  Manor  of 
Renselaerwyck  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled,  [An  Act  for  the  better  laying  out,  regulating  and  keeping  in  Repair 
Common,  publick  and  private  Highways  on  the  North  side  of  the  Highlands  in  the  County  of 
Orange]  was  read  the  second  time  and 

Ordered,  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  better  clearing,  mending  and  further  laying  out  Publick 
Highroads  and  others  in  the  County  of  Ulster]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled  An  Act  for  the  better 
clearing,  regulating  and  further  laying  out  pubtick  Highways  in  the  County  of  Westchester, 
with  some  alterations]  was  read  the  second  time  and 

Ordered  to  be  committed. 

Council  adjourned  til  Tuesday  next  11  o'clock. 


Tuesday,  the  seventeenth  day  of  December,  1765. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  Haring  and  Col  Seaman  with  the  Bill  Entituled 
[An  Act  to  continue  An  Act  entituled  An  Act  for  regulating  the  Militia  of  the  Colony  of  New 
York]  desiring  the  Concurrence  of  the  Council  thereto. 


1574  Journal  of  the  Legislative  Council  of  New  York.  Ksc""' 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 
Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Captain  Dotiw,  with  the  Bill 
Entituled  [An  Act  to  restrain  the  bringing  of  Writs  of  Certiorari  and  Writs  of  Error  for 
removal  of  Judgments  given  before  Justices  of  the  Peace  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. 

A  Message  from  the  General  Assembly  by  Col.  Haring  and  Mr  Schenck  with  the  Bill  Entituled 
[An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  to  raise  a  Fund  for  defraying  Damages 
done  by  Dogs  in  the  County  of  Richmond]  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  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Supervizors  of  Ulster  County  to  raise  a  sum  not  exceeding  one  hundred 
pounds  to  repair  the  County  House  and  Goals,  and  also  for  altering  and  completing  the  Court 
House]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Walton  from  the  Committee  of  the  Whole  House,  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  Damages  by  Swine  in  that  part  of  the  Manor  of  Renselaerswyck  therein 
mentioned]  and  alter  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  entituled  An  Act  for  the  better  clearing  regulating  and  further 
laying  out  Publick  Highways  in  the  County  of  Westchester,  with  some  alterations]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Walton  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the  Committee 
had  gone  through  the  same  and  had  directed  him  to  report  the  same  without  any  Amendment. 

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

Oidered,  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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  has  passed 
the  three  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  4  o'clock  in  the  Afternoon. 


1764.]  Sir  Henry  Moore,  Baronet,  Governor.  1575 

Tuesday,  the.  seventeenth  day  of  December,  1765.     Post  Meridiem. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  DANIEL,  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [  An  Act  to  continue  An  Act  entitled  An  Act  for  regulating  the  Militia 
of  the  Colony  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  restrain  the  bringing  of  Writs  of  Certiorari,  and  Writs  of 
Error,  for  removal  of  Judgments  given  before  Justices  of  the  Peace  within  this  Colony]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  to  raise  a  Fund  for 
defraying  Damages  done  by  Dogs  in  the  County  of  Richmond]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  better  clearing  mending  and  further  laying  out  publick 
High  Roads  and  others  in  the  County  of  Ulster]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  1 1  o'clock. 


Wednesday,  the  eighteenth  day  of  December,  1765. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Hono116  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq", 
Rl  Honoble  Earl  of  STIRLING, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Thomas  with  the  Bill  Entituled, 
[An  Act  further  to  continue  An  Act  entituled  An  Act  to  restrain  Hawkers  and  Pedlars  from 
selling  without  Lycense  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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled, 
[An  Act  to  continue  An  Act  entituled  An  Act  for  regulating  the  Militia  of  the  Colony  of  New 
York]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  restrain  the  bringing  of  Writs  of  Certiorari  and  Writs  of  Error  for  removal  of  Judgments 
given  before  Justices  of  the  Peace  within  this  Colony]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 


1576  Journal  of  the  Legislative  Council  of  New  York. 

Mr  De  Lancey,  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Committee  had  gone  through  the  same,  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  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  Right  Honoble  the  Earl  of  Stirling  do  acquaint  the  General  Assembly  that 
the  Council  have  passed  the  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  entituled  An  Act  to  raise  a  Fund  for  defraying  Damages  done  by  Dogs 
in  the  County  of  Richmond]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  more  equal  Taxation  of  Estates  in  Orange  County]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  better  laying  out  regulating  and  keeping  in  repair  common  publick  and  private 
Highways  on  the  North  side  of  the  Highlands  in  the  County  of  Orange]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

The  Earl  of  Stirling  from  the  Committee  of  the  whole  House  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. 

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. 

The  Council  adjourned  till  4  o'clock  in  the  Afternoon- 


1765.]  Sir  Henry  Moore,  Baronet,  Governor.  1577 

Wednesday,  the  eighteenth  day  of  December,  1765.     P'  Merid. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq™, 
R'  Honoble  Earl  of  STIRLING, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  to  restrain  Hawkers  and 
Pedlars  from  selling  without  Lycense  in  this  Colony]  was  read  the  second  time,  and 
Ordered  to  be  committed. 
The  Council  adjourned  till  to  Morrow  Morning  11  o'clock. 


Thursday,  the  nineteenth  day  of  December,  1765.     A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY,  Esq", 
R'  Honoble  Earl  of  STIRLING, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  better  clearing  amending  and  further  laying  out  publick  High  Roads  and  others  in 
the  County  of  Ulster]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  entituled,  An  Act  to  restrain  Hawkers  and  Pedlars  from  selling 
without  Lycense  in  this  Colony]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills,  and  the  Bill  Entituled  [An  Act  for  the  better  laying  out,  regulating  and  keeping 
in  repair  Common,  publick  &  private  Highways  on  the  North  side  of  the  Highlands  in  the 
County  of  Orange]  without  any  Amendment. 

The  Council  adjourned  till  to  morrow  morning  11  o'clock. 


198 


1578  Journal  of  the  Legislative  Council  of  Neio  York.  [Tthf"BT: 

Friday,  the  twentieth  day  of  December,  1765.     A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — T/w  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Col.  Livingston  with  the  Bill 
entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony 
from  the  first  day  of  January  one  thousand  seven  hundred  and  Sixty  Six,  to  the  first  day  of 
January  One  thousand  Seven  hundred  and  Sixty  Seven  inclusive]  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. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Douw  with  the  Bill  Entituled 
[An  Act  to  exempt  the  Vessels  belonging  to  the  Kingdom  of  Ireland  from  the  Duty  of  Tonnage] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Boerum  with  the  Bill  Entituled 
[An  Act  lo  raise  levy  and  collect  the  sum  of  one  hundred  and  twenty  three  pounds  in  the  City 
and  County  of  New  York  for  services  performed  by  the  Coroner  of  the  said  City  and  County, 
and  for  other  purposes  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  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Philip  Livingston  and  Mr  Thomas  with  the  Bill 
Entituled  [An  Act  for  the  payment  of  the  salaries  and  services  of  the  several  officers  of  the 
Government  from  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  five  to  the 
first  day  of  September  one  thousand  seven  hundred  and  sixty  six  inclusive  and  other  purposes 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Philip  Livingston  and  Mr  Holland  with  the 
Bill  Entituled  [An  Act  to  prolong  the  time  for  covering  the  Buildings  in  the  City  of  New 
York,  with  Slate  or  Tile,  from  the  first  day  of  January  in  the  year  one  thousand  seven  hundred 
and  sixty  six,  to  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  eight]  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. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Mr  Thomas  with  the  Bill 
entituled  [An  Act  for  regulating  the  sale  of  Firewood  brought  to  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  4  o'clock  in  the  afternoon. 


1765.]  Sir  Henry  Moore,  Baronet,  Governor.  1579 

Friday,  the  twentieth  day  of  Decetnber,  1765.    P'  Meridm. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
JOSEPH  READE, 
ROGER  MOEEIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitulecl  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  six  to  the  first 
day  of  January  one  thousand  seven  hundred  and  sixty  seven  inclusive]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  Entituled,  [An  Act  to  exempt  the  Vessels  belonging  to  the  Kingdom  of  Ireland 
from  the  Duty  of  Tonnage]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled,  [An  Act  to  raise  levy  and  collect  the  sum  of  one  hundred  and  twenty 
three  pounds  in  the  City  and  County  of  New  York  for  services  performed  by  the  Coroner  of  the 
said  City  and  County  and  for  other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  for  the  payment  of  the  Salaries  and  services  of  the  several 
Officers  of  the  Government  from  the  first  day  of  September  one  thousand  seven  hundred  and 
sixty  five  to  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  six  inclusive,  and 
other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  prolong  the  time  for  covering  the  Buildings  in  the  City  of 
New  York,  with  Slate  or  Tile  from  the  first  day  of  January  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  sixty  six  to  the  first  day  of  January  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  sixty  eight]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  regulating  the  sale  of  Firewood  brought  to  the  City  of  New 
York]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  10  o'Clock. 


Saturday,  the  Twenty  first  day  of  December,  1765.     A.  M. 
The  Council  met  acording  to  adjournment. 

PRESENT  —  The  Hono™"  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony,  from  the  first 
day  of  January  one  thousand  seven  hundred  and  sixty  six,  to  the  first  day  of  January  one 
thousand  seven  hundred  and  sixty  seven  inclusive]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 


1580  Journal  of  the  Legislative  Council  of  New  York,  H'S  £',""• 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  Pass. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  raise  levy  and  collect  the  sum  of  one  hundred  and  twenty  three  pounds  in  the  City  and 
County  of  New  York,  for  services  performed  by  the  Coroner  of  the  said  City  and  County,  and 
for  other  purposes  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  to  prolong  the  time  for  covering  the  Buildings  in  the  City  of  New  York  with  Slate  or 
Tile  from  the  first  day  of  January  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  sixty 
six,  to  the  first  day  of  January  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  sixty 
eight]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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 

Resolvrd,  that  the  said  Bill  do  Pass. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  three  Bills  without  any  amendment. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Ten  Broeck  with  the  Bill 
Entituled  [An  Act  to  annex  certain  Lands  in  this  Colony  to  the  County  of  Albany]  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. 

A  Message  from  the  General  Assembly  by  Coll"  Livingston  and  Mr  Boerum  with  the  Bill 
Entituled  [An  Act  more  effectually  to  secure  to  Creditors,  the  Benefits  intended  by  the  Acts 
for  the  relief  of  Insolvent  Dabtors]  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. 

A  Message  from  the  General  Assembly  by  Col.  Haasbrouck  and  Mr  Ten  Broeck  with  the  Bill 
Entituled  [An  Act  for  naturalizing  John  Hector  Sl  John,  Johannes  De  Graaf,  Elias  Gerbeaux, 
William  Musculus,  Peter  Clump,  Hans  Jury  Merkwat,  Johannes  Casparus  Rubell,  Frederick 
Shurter,  Peter  Lombardy,  Frederick  Shenigh,  John  Ram  and  John  James  Abbot]  desiring  the 
concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Onlcrcd  a  second  Reading. 

The  Recorder  and  several  other  members  of  the  Corporation  of  the  City  of  New  York 
attending  without,  and  having  something  to  offer  to  this  House,  they  were  called  in,  and 
presented  to  the  House  a  petition  of  the  Mayor  Aldermen  and  Commonalty  of  the  said  City, 
setting  forth,  that  the  petitioners  are  by  their  Charter  of  Incorporation  invested  with  power 
to  make  By-Laws  for  the  publick  Good,  Trade  and  Government  of  the  said  City;  That  the 
petitioners  are  informed  a  Bill  has  lately  passed  the  House  of  General  Assembly,  now  sitting, 
Entituled  [An  Act  for  regulating  the  sale  of  Firewood  brought  to  the  City  of  New  York]  which 
is  already  or  will  be  sent  to  this  House  for  their  concurrence.  And  therefore  humbly  praying, 
that  they  the  petitioners  may  be  favoured  with  a  copy  of  the  said  Bill,  and  indulged  with  an 
opportunity  of  making  their  objections  thereto,  should  they  conceive  that  the  said  Bill  infringes 
upuu,  or  abridges  the  priviledges  granted  to  them  by  their  Charter. 

And  the  Recorder  and  the  members  aforesaid  being  withdrawn,  and  the  said  Petition  read 

Ordered,  that  the  petitioners  be  at  Liberty  to  take  a  copy  of  the  said  Bill,  and  to  be  heard  by 
themselves  or  Council  agunst  the  passing  of  the  same. 

The  Council  adjourned  till  4  o'Clock  in  the  Afternoon. 


1765.]  Sir  Henry  Moore,  Baronet,  Governor.  1581 

Saturday,  the  twenty  first  day  of  December,  1765.     Pl  Meridiem. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUt  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled,  [An  Act  to  annex  certain  Lands  in  this  Colony  to  the  County  of  Albany] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled,  [An  Act  more  effectually  to  secure  to  Creditors  the  Benefits  intended  by 
the  Acts  for  the  Relief  of  Insolvent  Debtors]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled,  [An  Act  for  naturalizing  John  Hector  S'  John,  Johannes  De  Graaf,  Elias 
Gerbeaux,  William  Musculus,  Peter  Clump,  Hans  Jury  Merkwat,  Johannes  Casparus  Rubell, 
Frederick  Shurter,  Peter  Lombardy,  Frederick  Shenigh,  John  Ram  and  John  James  Abbot]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Monday  Morning  10  o'Clock. 


Monday,  the  twenty  third  day  of  December,  1765.     A.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  DANIEL  HORSMANDEN,  Esq1,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS,  Esqr". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  payment  of  the  Salaries  and  Services  of  the  several  officers  of  the  Government,  from 
the  first  day  of  September  one  thousand  seven  hundred  and  sixty  five,  to  the  first  day  of 
September  one  thousand  seven  hundred  and  sixty  six  inclusive,  and  other  purposes  therein 
mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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  siiid  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  more  effectually  to  secure  to  Creditors  the  Benefits  intended  by  the  Acts  for  the  Relief  of 
Insolvent  Debtors]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 


1582  Journal  of  the  Legislative  Council  of  New  York.  [ 


th 


Then  the  said  Bill  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  Naturalizing  John  Hector  S'  John,  Johannes  De  Graaf,  Elias  Gerbeaux,  William 
Musculus,  Peter  Clump,  Hans  Jury  Merkwat,  Johannes  Casparus  Rubell,  Frederick  Shurter, 
Peter  Lombardy,  Frederick  Shenigh,  John  Ram  and  John  James  Abbot]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  three  Bills  without  any  Amendment. 

The  Council  adjourned  till  2  o'Clock  in  the  Afternoon. 


Monday,  the  twenty  third  day  of  December,  1765.  P'  Meridm 
'The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  of  the 
Province  of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same,  being  come  to  the  Council  Chamber  sent  a  Message  by  the  Deputy 
Secretary  requiring  the  immediate  attendance  of  the  General  Assembly. 

The  General  Assembly  attending  accordingly 

His  Excellency  the  Governor  was  pleased  to  give  his  Assent  to  twenty  three  Bills  the  Titles 
whereof  are  as  follow,  that  is  to  say 

An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  for  the  payment  of  the  salaries  and  services  of  the  several  Officers  of  the  Government 
from  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  five  to  the  first  day  of 
September  one  thousand  seven  hundred  and  sixty  six  inclusive,  and  other  purposes  therein 
mentioned. 

An  Act  to  continue  An  Act  entituled,  An  Act  for  regulating  the  Militia  of  the  Colony  of  New 
York. 

An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
first  day  of  January  one  thousand  seven  hundred  and  sixty  six,  to  the  first  day  of  January  one 
thousand  seven  hundred  and  sixty  seven  inclusive. 

An  Act  to  continue  An  Act  entitnled  An  Act  to  lay  a  duty  of  Tonnage  on  Vessels  for 
defraying  the  expence  of  the  Light  House  on  Sandy  Hook. 

An  Act  further  to  continue  An  Act  entituled  An  Act  to  restrain  Hawkers  and  Pedlars  from 
selling  without  License  in  this  Colony. 

An  Act  to  restrain  the  bringing  of  Writs  of  Certiorari  and  Writs  of  Error  for  removal  of 
Judgments  given  before  Justices  of  the  Peace  within  this  Colony. 

An  Act  more  effectually  to  secure  to  Creditors,  the  Benefits  intended  by  the  Acts  for  the  Relief 
of  Insolvent  Debtors. 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1583 

An  Act  to  Empower  and  Enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York 
to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  pounds  for  the  uses  and  purposes 
therein  mentioned. 

An  Act  to  prolong  the  time  for  covering  the  Buildings  in  the  City  of  New  York,  with  Slate 
or  Tile,  from  the  first  day  of  January  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
sixty  six  to  the  first  day  of  January  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
sixty  eight. 

An  Act  to  raise,  levy  and  collect  the  sum  of  one  hundred  and  twenty  three  pounds,  in  the 
City  and  County  of  New  York,  for  services  performed  by  the  Coroner  of  the  said  City  and 
County  and  for  other  purposes  therein  mentioned. 

An  Act  to  continue  An  Act  entituled  An  Act  for  the  more  equal  Taxation  of  Estates  in  the 
City  of  Albany. 

An  Act  for  vesting  the  property  of  the  Stone  Wall  on  the  North  side  of  the  City  of  Albany 
in  the  Corporation  of  the  said  City,  for  the  use  therein  mentioned. 

An  Act  to  prevent  Damages  by  Swine  in  that  part  of  the  Manor  of  Renselaerwyck  therein 
mentioned. 

An  Act  for  the  better  clearing  mending  and  further  laying  out  publick  Highroads,  and  others, 
in  the  County  of  Ulster. 

An  Act  to  enable  the  Supervisors  of  Ulster  County  to  raise  a  sum  not  exceeding  one  hundred 
pounds,  to  repair  the  County  House  and  Goals,  and  also  for  altering  and  compleating  the  Court 
House. 

An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange  County. 

An  Act  for  the  better  laying  out  regulating  and  keeping  in  repair  Common,  publick,  and 
private  Highways  on  the  north  side  of  the  Highlands  in  the  County  of  Orange. 

An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  the  better  clearing,  regulating  and 
further  laying  out  publick  Highways  in  the  County  of  Westchester  with  some  alterations. 

An  Act  to  raise  levy  and  collect  the  sum  of  nineteen  pounds  and  thirteen  shillings,  due  and  in 
arrear  from  the  Inhabitant  or  Inhabitants  of  Batons  Neck  in  Suffolk  County. 

An  Act  further  to  continue  An  Act  entituled,  An  Act  to  restrain  the  feeding  and  burning  the 
Grass  and  cutting  the  Timber  on  certain  Beeches  and  Islands  therein  mentioned. 

An  Act  to  continue  An  Act  entituled,  An  Act  to  raise  a  Fund  for  defraying  damages  done  by 
Dogs  in  the  County  of  Richmond. 

An  Act  for  naturalizing  John  Hector  Sl  John,  Johannis  De  Graaf,  Elias  Gerbeaux,  William 
Musculus,  Peter  Clump,  Hans  Jury  Merkwat,  Johannes  Casparus  Rubell,  Frederick  Shurter, 
Peter  Lombardy,  Frederick  Shenigh,  John  Ram  and  John  Jatnes  Abbot. 

After  which  the  said  twenty  three  Acts  were  published  in  the  usual  manner,  and  his  Excellency 
the  Governor,  the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber, 
His  Excellency  was  pleased  to  direct  the  Speaker  of  the  General  Assembly  to  return  to  the 
Assembly  Chamber,  and  to  adjourn  the  House  until  Tuesday  the  fourth  day  of  March  next. 

The  Speaker  resumed  the  Chair. 

His  Excellency  the  Governor  having  been  pleased  to  direct  the  Speaker  of  the  General 
Assembly  to  adjourn  that  House  until  Tuesday  the  fourth  day  of  March  next, 

The  Council  therefore  adjourned  until  Tuesday  the  said  fourth  day  of  March  next. 


[N.  T.  Col.  MSB.,  XCIII.,  165.1 

BY  HIS  EXCELLENCY 

I 

Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  fourth 
day  of  March  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  prorogue,  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  hereby  prorogue  the  said  General  Assembly  to  Tuesday 


1584  Journal  of  the  Legislative  Council  of  Neio  York.  [2m£  £"'"' 

the  twenty  fifth  day  of  March  Instant  of  which  all  his  Majesty's  Subjects  concerned  therein  are 
required  to  take  notice  and  to  govern  themselves  accordingly. 

Given  under  my  hand  and  seal  at  Arms  at  Fort  George  in  the  City  of  New  York 
the  first  day  of  March  1766  in  the  sixth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland,  King  Defender  of  the  Faith  and  so  forth. 

H  :  MOORE. 
By  His  Excellency's  Command 

Gw  BANYAR,  D  Sccry. 

God  save  the  KING 


[N.  Y.  Col.  MSB.,  XCIV.,  2.) 

BY  His  EXCELLENCY 

Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  twenty 
fifth  day  of  March  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  prorogue  and  I  do  by 
and  with  the  advice  of  his  Majesty's  Council  farther  prorogue  the  said  General  Assembly,  to 
Tuesday  the  twenty  second  day  of  April  next  ensuing.  Of  which  all  his  Majesty's  Subjects 
concerned  therein  are  required  to  take  notice  and  to  govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  Neio  York 
the  twenty  second  day  of  March  1766  in  the  sixth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland,  King,  Defender  of  the  Faith  and  so  forth. 

H:  MOORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D.  SScry. 

God  save  the  KING. 


\ft.  Y.  Col.  MSB,  XCIV.,  5.  ] 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  twenty 
second  day  of  April  Instant.  I  have  thought  fit  for  his  Majesty's  Service  to  prorogue,  and  I  do 
by  and  with  the  advice  of  his  Majesty's  Council  farther  prorogue  the  said  General  Assembly  to 


1766.]  •  Sir  Henry  Moore,  Baronet,  Governor.  1585 

Tuesday  the  Sixth  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  nineteenth  day  of  April  1766  in  the  sixth  year  of  the  Eeign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain, 
France  and  Ireland,  King,  Defender  of  the  Faith  and  so  forth. 

H:  MOORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


[X.  T.  Col.  MSB.,  XCIV.,  6.] 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE,  Baronet  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  sixth 
day  of  May  next.  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  Tuesday  the 
twentieth  day  of  May  next  ensuing.  Of  which  all  his  Majesty's  Subjects  concerned  therein  are 
required  to  take  notice  and  to  govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  Neio  York 
the  thirtieth  day  of  April  1766,  in  the  sixth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God,  of  Great  Britain  France  and 
Ireland,  King,  Defender  of  the  Faith  and  so  forth. 

H:  MOORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D.  Secry. 

God  save  the  KING. 


[N.  Y.  Col.  MSB.,  XCIV.,  9.] 

BY  His  EXCELLENCY 

Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  twentieth 
day  of  May  Instant  I  have  thought  fit  for  his  Majesty's  service  to  prorogue,  and  I  do  by  and 
with  the  Advice  of  his  Majesty's  Council  farther  prorogue  the  said  General  Assembly  to  Tuesday 

199 


1586  Journal  of  the  Legislative  Council  of  New  York. 

the  third  day  of  June  next  ensuing.     Of  which  all  his  Majesty's  subjects  concerned  therein  are 
required  to  take  notice  and  to  govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York 
the  seventeenth  day  of  May  1766,  in  the  sixth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  third  by  the  Grace  of  God,  of  Great  Britain, 
France  and  Ireland,  King,  Defender  of  the  Faith  and  so  forth. 

H  :  MOORE. 
Bi/  His  Excellency's  Command 

Gw  BANYAR  Sccry. 

God  save  the  KING. 


[N.  T.  Col.  MSS.,XCIV.,  11.] 

BY  His  EXCELLENCY 

Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  third 
day  of  June  next  ensuing,  I  have  thought  fit  for  his  Majesty's  service  to  prorogue,  and  I  do  by 
and  with  the  advice  of  his  Majesty's  Council  farther  prorogue  the  said  General  Assembly,  to 
Wednesday  the  eleventh  day  of  June,  next,  then  to  meet  to  proceed  upon  Business  :  Of  which  all 
his  Majesty's  subjects  concerned  therein  are  required  to  take  notice  and  to  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  May  1766,  in  the  sixth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third,  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

H- MOORE. 
By  His  Excellency's  Command 

Gw  BANYAR  SScry. 

God  save  the  KING. 


TWENTY-NINTH  ASSEMBLY    TENTH  SESSION. 


At  a  Session  of  the  Governor,  Council  and  General  Assembly  of  the  Province 
of  New  York,  begun  and  holden  at  the  City  Hall  in  the  City  of  New  York, 
on  Wednesday  the  eleventh  day  of  June,  in  the  sixth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third,  by  the  Grace  of  God  of  Great  Britain  France 
and  Ireland  King  Defender  of  the  Faith  and  so  forth,  and  in  the  year  of  our  Lord 
One  thousand  seven  hundred  and  sixty  six. 

The  General  Assembly  having  on  the  twenty  third  day  of  December  1765,  by  the  directions 
of  his  Excellency  the  Governor,  been  adjourned  to  the  fourth  day  of  March  1766;  His 
Excellency  was  pleased  by  sundry  proclamations  to  prorogue  them  on  and  to  the  days  following 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1587 

that  is  to  say,  On  the  first  day  of  March  1766  to  the  twenty  fifth  day  of  the  same  month.  On 
the  twenty  second  day  of  March  aforesaid  to  the  twenty  second  day  of  April  following.  On 
the  nineteenth  day  of  April  to  the  sixth  day  of  May  following.  On  the  thirtieth  day  of  April  to 
the  twentieth  day  of  May  aforesaid.  On  the  seventeenth  day  of  the  same  month  of  May  to  the 
third  day  of  June  And  on  the  twenty  eighth  day  of  May  now  last  past,  to  this  day  the  eleventh 
of  June  17G6.  Then  to  meet  to  proceed  on  Business. 
The  Council  met  accordingly. 

PRESENT —  The  Honobu  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  11  o'Clock. 


Thursday,  the  twelfth  day  of  June,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esqrs. 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  of  this 
Province,  being  come  to  the  Council  Chamber  sent  a  Message  by  the  Deputy  Secretary  requiring 
the  immediate  attendance  of  the  General  Assembly  in  the  Council  Chamber  in  the  City  Hall. 

The  General  Assembly  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  copy  thereof  to  the  Speaker  of  the  General 
Assembly. 

His  Excellency  having  left  the  Council  Chamber,  and  the  General  Assembly  being  returned 
to  the  Assembly  Chamber, 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Excellency's  Speech  be  read. 

Then  his  Excellency's  Speech  was  read,  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows : 

Gentlemen  of  the  Council  ff  Gentlemen  of  the  General  Assembly, 

The  General  satisfaction  which  has  been  diffused  throughout  the  Colonies,  on  the  late  favorable 
Proceedings  of  the  Parliament  of  Great  Britain,  in  the  Repeal  of  the  Stamp  Act ;  and  the 
Impressions  made  on  the  minds  of  the  People,  on  receiving  such  distinguishing  marks  of  his 
Majesty's  favor  and  Protection,  have  induced  me  to  give  you  the  earliest  Opportunity  of  making 
those  acknowledgments  of  Duty  and  Submission,  which  on  such  an  Occasion  must  arise  in  the 
Breasts  of  every  Individual.  The  misrepresentations  heretofore  made  by  Artful  and  designing 
Persons,  have  had  their  Effect  in  imposing  on  the  Weak  and  Credulous;  and  false  Hopes  and 
fears  are  now  conceived  by  those,  who  from  their  Situation,  can  only  see  and  hear  at  a  distance, 
and  of  Course  are  easily  imposed  on;  Let  it  be  your  concern  to  undeceive  the  Deluded,  and  by 
the  powerful  Examples  of  your  own  Conduct,  bring  back  to  a  Sense  of  their  Duty,  those  who 
have  been  misled;  that  nothing  which  can  carry  with  it  the  least  resemblance  of  former  Heat 
and  Prejudice,  may  be  suffer' d  to  prevail,  and  the  minds  of  those  who  are  too  easily  agitated, 
he  again  disposed  to  a  chearful  Obedience  to  the  Laws,  and  to  sentiments  of  respectful  gratitude 
to  the  Mother  Country. 


1588  Journal  of  the  Legislative  Council  of  New  York. 

Gentlemen  of  the  General  Assembly, 

I  must  at  this  time  recommend  to  your  particular  Attention,  the  Case  of  those  unfortunate 
Persons,  who  from  the  Licenciousness  of  the  Populace,  have  suffer'd  for  their  deference  to  the 
Acts  of  the  British  Legislature :  I  flatter  myself  that  they  who  sue  to  this  House  for  Justice 
will  never  sue  in  vain ;  and  that  it  will  be  no  ungrateful  Task  for  this  Province  to  take  the  lead 
on  such  an  Occasion,  and  by  making  a  full  and  ample  compensation  to  the  sufferers  for  their 
Goods  and  Effects  destroyed,  shew  to  the  neighbouring  Provinces  by  an  Example  great  as  well 
as  just,  the  sense  which  is  here  entertained  of  the  benefits  lately  received.  The  Resolutions  of 
the  House  of  Commons  have  by  his  Majesty's  commands  been  transmitted  to  me,  in  order  to 
be  laid  before  you:  These  sufficiently  shew  the  sense  of  that  august  Assembly  on  this  Point, 
whose  sentiments  it  should  be  your  Glory  to  adopt  and  imitate,  as  they  are  so  evidently  founded 
on  the  clearest  Principles  of  Humanity  &  Justice  ;  This  carries  its  own  Recommendation  with 
it,  and  makes  it  needless  for  me  to  enforce  by  Arguments  a  Measure,  which  at  the  same  time  it 
will  do  Honor  to  the  Province,  will  shew  yourselves  not  unworthy  of  that  Royal  Condescension 
and  Protection,  which  have  been  manifested  on  the  late  interesting  occasion. 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly, 

I  have  nothing  more  in  particular  to  lay  before  you  at  this  Juncture,  and  shall  be  extremely 
happy  to  shew  my  ready  concurrence  with  you,   in  promoting  every  measure  which  can  tend 
to  the  Service  of  His  Majesty,  and  the  wellfare  of  the  People. 
New  York  12lh  June  1766.  H  :  MOORE. 

Ordered,  that  his  Excellency's  speech  be  forthwith  printed. 

Mr  Morris  then  moved  that  an  humble  Address  might  be  presented  by  this  House  to  his 
Excellency  in  Answer  to  his  Speech. 

Which  motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  by  this  House  to  his  Excellency  accordingly. 

Ordered,  that  Mr  Apthorpe,  Mr  Reade  and  Mr  Morris  be,  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  lay  the  same  before  this 
House  on  Saturday  next. 

The  Council  adjourned  till  Saturday  Morning  11  o'clock. 


Saturday,  the  fourteenth  day  of  June,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT -—  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

JOHN  WATTS, 

CHARLES  WARD  APTHORPE,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Apthorpe  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  be 
presented  by  this  House  to  his  Excellency  in  answer  to  his  Speech,  Reported  that  the  Committee 
had  prepared  the  Draft  of  an  Address  accordingly,  which  he  read  in  his  place,  and  then  delivered 
the  same  in  at  the  Table,  where  the  same  was  again  read,  and  being  agreed  to,  was 

Ordered  to  be  engrossed. 

The  engrossed  Address  to  his  Excellency  was  read. 

Ordered,  that  the  Speaker  do  sign  the  said  Address  to  his  Excellency  in  behalf  of  this  House, 
who  having  signed  the  same  accordingly 

Ordered,  that  Mr  Watts  and  Mr  Apthorpe  do  wait  on  his  Excellency,  and  desire  to  know 
when  he  will  be  pleased  to  be  attended  by  this  House  with  their  Address. 

The  said  Gentlemen  being  returned,  reported  that  they  had  delivered  the  said  Message  to  his 
Excellency,  and  that  he  was  pleased  to  appoint  Monday  next  at  11  o'clock,  when  he  would 
receive  the  Council's  Address  at  the  Council  Chamber  in  Fort  George. 

The  Council  adjourn'd  till  Monday  morning  11  o'clock. 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1589 

Monday,  the  sixteenth  day  of  June,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WAKD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and  with 

The  Council  went  to  Fort  George  to  present  the  Humble  Address  of  this  House  to  his 
Excellency:  and  being  returned 

The  Speaker  resumed  the  Chair,  and  Reported  that  having  with  the  Council  attended  his 
Excellency,  and  presented  to  him  the  humble  Address  of  this  House,  his  Excellency  had  been 
pleased  to  return  a  favourable  Answer  thereto,  which  he  delivered  in  at  the  table,  and  the  same 
being  read 

Ordered,  that  the  said  Humble  Address  and  his  Excellency's  Answer  thereto  be  entered  in 
the  Minutes  of  this  House  which  are  as  follow 

To  his  Excellency  Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America, 
Chancellor,  and  Vice  Admiral  of  the  same. 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Excellency, 

The  Council,  impressed  with  the  warmest  Sentiments  of  Duty  and  Gratitude  to  his  Majesty, 
for  the  late  most  distinguishing  Mark  of  Royal  Favour  and  Protection,  and  fill'd  with  the 
highest  sense  of  the  great  Wisdom,  Justice  and  Moderation  manifested  in  the  Proceedings  of 
that  August  Body  the  British  Parliament;  return  your  Excellency  their  unfeigned  thanks  for 
this  early  Communication  of  an  Event,  so  ardently  hop'd  for,  and  so  highly  satisfactory  to  these 
Colonies. 

To  undeceive  the  deluded,  and  to  bring  back  to  a  sense  of  their  Duty,  the  Misguided  and 
Prejudiced,  have  been  the  h'xd  objects  of  our  Attention;  sensible  that  where  Submission  to  the 
Laws  is  wanting,  Anarchy  and  Confusion  must  ensue ;  Evils  the  most  to  be  dreaded,  as  they  are 
the  most  pernicious  to  Society.  And  you  may  be  assured  Sir,  that  nothing  shall  be  wanting  on 
our  Part,  to  inculcate  in  the  minds  of  the  People  a  thorough  sense  of  the  Obedience  they  owe, 
the  Dependence  they  stand  in,  and  the  Benefits  they  receive  from  their  most  gracious  Sovereign, 
and  their  Guardians,  the  British  Parliament:  Confident  that  the  Colonies  in  general,  will  by 
their  conduct  shew  themselves  deserving  of  every  mark  of  Royal  Favour  and  Indulgence. 

We  shall  at  all  times  chearfully  and  readily  concur  with  your  Excellency,  in  promoting  every 
Measure  which  can  tend  to  the  service  of  his  Majesty,  and  the  happiness  and  Prosperity  of  the 
Colony. 

By  order  of  the  Council 
New  York  14th  June  1766.  DANL  HORSMANDEN  Speaker. 

To  which  his  Excellency  was  pleased  to  return  the  following  Answer. 

Gentlemen, 

I  return  you  my  thanks  for  this  Address,  as  the  Sentiments  you  express  therein,  must  so 
manifestly  tend  to  the  Establishment  of  the  Happiness  and  Prosperity  of  your  Country. 
Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 
The  Council  adjourned  till  Friday  next  11  o'Clock  in  the  Morning. 


gg 


1590  Journal  of  the  Legislative  Council  of  New  York.  [ 

Friday,  the  twentieth  day  of  June,  1766. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The.  H<moUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col.  Hasbrouck  &  Mr  Henry  Livingston,  acquainting 
the  Council  that  the  House  have  appointed  Mr  Justice  Livingston,  Mr  Cruger,  Mr  Philip 
Livingston,  Major  Lispenard,  Mr  Bayard  and  Colonel  Seaman  a  Committee  to  prepare  the  Draft 
of  an  humble  Address  to  his  Majesty,  to  express  the  grateful  acknowledgements  of  this  Colony 
for  the  recent  Instance  of  his  tender  concern  for  the  Rights  and  Liberties  of  his  American 
Subjects  in  the  repeal  of  the  late  Stamp  Act;  and  to  assure  him  that  this  singular  Instance  of 
his  paternal  Regard,  cannot  fail  of  adding  new  ardor  to  their  Zeal  and  Affection,  for  his  sacred 
person  and  Government ;  and  that  the  General  Assembly  desire  the  Council  to  appoint  a 
Committee  of  their  House  to  meet  and  join  the  Committee  of  the  General  Assembly,  at  such 
time  and  place  as  shall  be  most  convenient  for  them. 

Ordered,  that  Mr  Watts,  Mr  Delancey  &  Mr  Morris  be  and  they  are  hereby  appointed  a 
Committee  of  this  House  to  meet  and  join  the  Committee  appointed  by  the  General  Assembly 
to  prepare  the  Draft  of  the  said  humble  petition  to  his  Majesty,  and  that  the  joint  Committee 
do  meet  for  that  purpose  to  Morrow  at  12  o'Clock  in  the  City  Hall. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  this  House  have  appointed 
Mr  Watts,  Mr  Delancey  &  Mr  Morris  a  Committee  to  meet  and  join  the  Committee  of  the  General 
Assembly  to  prepare  the  Draft  of  an  humble  Address  to  his  Majesty  on  the  subject  Matter  signifyed 
in  their  Message  to  this  House  of  this  day. 

The  Council  adjourned  till  Monday  3  o'Clock  P.  M. 


Monday,  the  twenty  third  day  of  June,  1766.      P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  H>moUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DELANCEY, 
ROGER  MORRIS,  Esqrs. 

The  Speaker  assumed  the  Chair. 

Mr  Watts  reported  that  the  joint  Committee  of  the  Council  and  the  General  Assembly 
appointed  to  prepare  the  Draft  of  an  humble  Address  to  his  Majesty,  had  met  and  prepared  a 
Draft  thereof,  which  he  read,  and  then  delivered  the  same  in  at  the  table,  where  the  said  Draft 
was  again  read,  and  was 

On  the  Question  being  put  agreed  to  and  approved  of. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Boerum  acquainting  the  Council 
that  the  General  Assembly  have  approved  of  the  Draft  of  an  humble  Address  to  his  Majesty 
prepared  by  the  Joint  Committees,  and  desire  the  Address  may  be  engrossed  accordingly. 

Ordered,  that  Mr  Delancey  do  acquaint  the  General  Assembly  that  the  Council  hath  approved 
of  the  Draft  of  an  humble  Address  to  his  Majesty  prepared  by  the  joint  Committees,  and  have 
appointed  Mr  Watts  and  Mr  Walton  to  wait  on  his  Excellency  the  Governor  with  the  Draft  of 
the  said  Address  at  G  o'Clock  this  evening,  to  desire  he  will  be  pleased  to  join  them — And 
further  that  this  House  desires  the  General  Assembly  to  appoint  some  of  the  Members  of  their 
House  to  wait  on  his  Excellency  at  the  same  time  for  the  like  purpose. 

A  Message  from  the  General  Assembly  by  Mr  Henry  Livingston  and  Mr  Schenck 
acquainting  this  House  that  the  General  Assembly  hath  appointed  Mr  Cruger,  Mr  Philip 
Livingston,  Mr  Ten  Eyck,  and  Mr  Dow  to  join  the  Committee  appointed  by  this  House,  to  wait 
on  his  Excellency  the  Governor,  with  the  draft  of  the  humble  Address  to  his  Majesty  at  6 
o'Clock  this  evening. 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1591 

Mr  Watts  and  Mr  Walton  reported  that  having  with  the  Gentlemen  appointed  by  the  General 
Assembly,  waited  on  his  Excellency  the  Governor  with  Draft  of  the  humble  Address  to  his 
Majesty  prepared  by  the  joint  Committee  of  the  two  Houses,  and  desired  his  Excellency  would 
be 'pleased  to  join  in  the  said  Address,  his  Excellency  declared  he  approved  of  the  Draft  of  the 
Address  and  would  readily  join  therein. 

Ordered,  that  the  Draft  be  alter'd  by  adding  thereto  the  stile  of  his  Excellency  the  Governor, 
which  being  altered  accordingly 

Ordered,  that  two  copies  of  the  said  Address  be  engrossed. 

The  Council  adjourned  till  to  morrow  morning  11  o'Clock. 


Tuesday,  the  twenty  fourth  day  of  June,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Engrossed  Copies  of  the  humble  Address  to  his  Majesty  were  read. 

Ordered,  that  the  Speaker  do  sign  the  said  Humble  Address  in  Behalf  of  this  House,  and  the 
Speaker  having  signed  the  same  accordingly, 

Ordered,  that  Mr  Reade  do  carry  to  the  General  Assembly  the  engrossed  Copies  of  the  humble 
Address  to  his  Majesty;  and  acquaint  the  General  Assembly  that  when  that  House  shall  have 
signed  the  same,  the  Council  desire  the  General  Assembly  to  meet  the  Council  in  the  City  Hall, 
in  order  that  both  Houses  may  attend  his  Excellency  to  desire  his  Excellency  will  be  pleased  to 
sign  the  said  Address,  and  when  signed  by  his  Excellency,  that  he  will  be  pleased  to  transmit 
the  same  to  his  Majesty's  Ministers  in  order  to  be  laid  before  his  Majesty. 

Mr  Delancey  moved  that  a  Bill  which  he  held  in  his  hand,  might  be  read,  Entituled  [An  Act 
to  make  it  Felony  without  Benefit  of  Clergy  to  counterfeit  the  Money  Bills  of  any  Neighbouring 
Colony  which  pass  in  payment  here]  and  leave  being  given  accordingly, 

The  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o'Clock. 


Wednesday,  the  twenty  fifth  day  of  June,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  reported,  that  the  Council  and  General  Assembly  had  attended  his  Excellency 
the  Governor,  and  presented  to  his  Excellency  in  order  to  be  signed  by  him  the  humble  Address 
of  the  Governor,  Council,  and  General  Assembly  to  his  Mnjesty  which  his  Excellency  had  signed; 
and  being  requested  by  both  Houses  to  transmit  the  said  humble  Address  to  his  Majesty's 
Ministers,  in  order  to  be  laid  before  his  Majesty  His  Excellency  was  pleased  to  declare  he  would 
transmit  the  same  accordingly. 

Ordered,  that  the  said  humble  Address  be  entered  in  the  minutes  of  this  House  which  is  as 
follows. 


1592  Journal  of  the  Legislative  Council  of  New  York.  \f< 

To  the  KINGS  Most  Excellent  MAJESTY. 

The   Humble  and   Dutiful    ADDRESS   of   the    Governor,  Council    and   General 
Assembly  of  the  Colony  of  New  York. 

Most  gracious  Sovereign, 

Your  Majesty's  faithful  Subjects  the  Governor,  Council  and  General  Assembly  of  your  Colony 
of  New  York,  ever  anxious  to  give  the  highest  demonstrations  of  their  Loyalty  and  affection  to 
their  gracious  Sovereign,  Beg  leave  to  approach  the  Throne,  and  with  the  greatest  Humility  to 
express  those  sentiments  of  Gratitude,  excited  in  all  your  American  Subjects  by  the  late  and 
distinguishing  mark  of  Royal  Tenderness  and  Clemency,  so  conspicuous  in  your  Majesty's 
Assent  to  the  Repeal  of  a  Law,  replete  with  consequences  the  most  distressing  to  the  Inhabitants 
of  these  your  Colonies. 

With  Joy  undisembled,  we  reflect  on  an  Event,  so  happily  tending  to  dispel  every  Jealousy 
between  your  Majesty's  British  and  American  Subjects;  to  revive  their  Commercial  Intercourse; 
to  confirm  their  wonted  Confidence ;  and  to  strengthen  that  Union,  which  must  continue 
indissoluble  while  supported  by  an  equal  Distribution  of  Rights;  a  just  Dependence  upon,  and 
a  due  subordination  of  the  Colonies  to  the  Mother  Country. 

Permit  us  Most  Gracious  Sovereign,  while  we  exult  in  your  paternal  Protection,  to  testify  at 
the  same  time  our  Veneration  and  Gratitude  to  your  Majesty's  Parliament;  and  to  offer  those 
dutiful  Acknowledgements,  which  the  Wisdom,  Justice  and  Moderation  of  that  August  Body, 
display'd  on  this  interesting  and  memorable  occasion,  so  justly  demand. 

Could  any  thing  augment  our  Zeal  for  your  Majesty's  Person  and  Family,  it  must  be  this 
recent  and  affecting  Proof  of  the  Royal  Beneficence.  Animated  with  a  lively  sense  of  Duty  to 
the  best  of  Kings,  We  shall  use  our  utmost  Influence  to  support  and  strengthen  your  Majesty's 
Government,  and  set  an  example  to  the  people,  of  an  unremitted  Exertion  in  the  Defence  of 
your  Sacred  person,  and  in  the  maintenance  of  the  Protestant  Succession  ;  most  ardently  wishing 
there  never  may  be  wanting  a  Prince  of  your  Majesty's  illustrious  Line  to  reign  over  your 
extensive  Dominions. 

New  York  24th  June  1766.  H  :  MOORE. 

By  order  of  the  Council, 

DAN:  HORSMANDEN  Speaker. 
By  order  of  the  General  Assembly, 

WILLIAM  NICOLL  Speaker. 

The  Bill  Entituled  [An  Act  to  make  it  Felony  without  Benefit  of  Clergy  to  Counterfeit  the 
Money  Bills  of  any  Neighbouring  Colony  which  pass  in  payment  here]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Thomas  with  the  Bill  Entituled 
[An  Act  ascertaining  what  shall  be  Grand  Larceny  and  what  Petit  Larceny  in  the  Colony  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. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  for  naturalizing  Iludolphus  Ritzema,  William  La  Croix,  Philip  Venus,  Isaac 
Rysdick,  Michael  Pot!z,  Daniel  Cookenheim,  Alexander  Diarce,  and  Charles  De  Freidenburgh] 
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  till  to  morrow  morning  11  o'Clock. 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1593 

Thursday,  the  twenty  sixth  day  of  June,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Douw  with  the  Bill  Entituled 
[An  Act  to  furnish  the  Barracks  in  the  Cities  of  New  York  and  Albany,  with  Firewood  and 
Candles,  and  the  other  necessaries  therein  mentioned  for  his  Majesty's  Forces]  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  said  Bill  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  Ascertaining  what  shall  be  Grand  Larceny  and  what  Petit 
Larceny  in  the  Colony  of  New  York]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  Entituled,  [An  Act  for  naturalizing  Rudolphus  Ritzema,  William  La  Croix,  Philip 
Venus,  Isaac  Rysdyck,  Michael  Pottz,  Daniel  Cookenheim,  Alexander  Diarce  and  Charles  De 
Freidenbergh]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  make  it  Felony  without  Benefit  of  Clergy,  to  counterfeit  the  Money  Bills  of  any 
Neighbouring  Colony  which  pass  in  payment  here]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  altered  the  Title,  and  made  several  Amendments  thereto,  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  being  agreed  to 

Ordered,  that  the  Bill  as  amended  be  engrossed. 

The  Council  adjourned  till  to  morrow  6  o'clock  P.  M. 


Friday,  the  twenty  seventh  day  of  June,  1766.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobu  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
JOSEPH  READE, 
ROGER  MORRIS,  Esqr". 

The  Speaker  assumed  the  Chair. 

The  Engrossed  Bill  Entituled  [An  Act  to  make  it  Felony  without  Benefit  of  Clergy  to 
Counterfeit  the  Bills  of  Credit,  of  any  of  his  Majesty's  Colonies  which  pass  in  payment  in  the 
Colony  of  New  York]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  carry  the  said  Bill  to  the  General  Assembly,  and  acquaint  them 
that  the  Council  have  passed  the  said  Bill  to  which  they  desire  their  concurrence. 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  naturalizing  Rudolphus  Ritzema,  William  La  Croix,  Philip  Venus,  Isaac  Rysdick, 
Michael  Pottz,  Daniel  Cookenheim,  Alexander  Diarce  and  Charles  De  Freidenburgh]  and  after 
some  time  spent  therein 

200 


1594  Journal  of  the  Legislative  Council  of  New  York. 

The  Speaker  resumed  the  Chair  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  furnish  the  Barracks  in  the  Cities  of  New  York  and  Albany,  with  Firewood  and  Candles, 
and  the  other  necessaries  therein  mentioned  for  his  Majesty's  Forces]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Boerum  with  the  Bill 
Entituled  [An  Act  for  erecting  certain  Lands  lying  on  the  west  side  of  Connecticut  River  within 
this  Colony  into  a  seperate  County,  to  be  called  by  the  name  of  the  County  of  Cumberland, 
and  for  enabling  the  Freeholders  and  Inhabitants  thereof  to  erect  and  build  a  Court  House  and 
Goal  in  the  said  County]  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. 

A  Message  from  the  General  Assembly  by  Major  Lispenard  and  Mr  Holland  with  the  Bill 
Entituled  [An  Act  to  lay  a  Duty  on  certain  Goods,  Wares  and  Merchandizes  sold  at  publick 
Vendue  Auction  or  Outcry  in  the  Cities  and  Counties  of  New  York  and  Albany]  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  till  to  morrow  morning  10  o  Clock. 


Saturday,  the  twenty  eighth  day  of  June,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honof>le  DANIEL,  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  ascertaining  what  shall  be  Grand  Larceny  and  what  Petit  Larceny  in  the  Colony  of  New 
York]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House,  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. 

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 


17G6.]  Sir  Henry  Moore,  Baronet,  Governor.  1595 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  for  erecting  certain  Lands  lying  on  the  west  side  of  Connecticut 
River  within  this  Colony  into  a  seperate  County,  to  be  called  by  the  name  of  the  County  of 
Cumberland,  and  for  enabling  the  Freeholders  and  Inhabitants  thereof  to  erect  and  build  a 
Court  House  and  Goal  in  the  said  County]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  themselves  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  lay  a  Duty  on  certain  Goods,  Wares  and  Merchandizes  sold  at 
publick  Vendue,  Auction  or  Outcry  in  the  Cities  and  Counties  of  New  York  and  Albany]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  themselves  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Reade  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Mr  Douw  with  the  Engrossed 
Bill  passed  by  this  House  Entituled  [An  Act  to  make  it  Felony  without  Benefit  of  Clergy,  to 
counterfeit  the  Bills  of  Credit  of  any  of  his  Majesty's  Colonies,  which  pass  in  payment  in  the 
Colony  of  New  York]  acquainting  this  House  that  the  General  Assembly  have  passed  the  said 
Bill  without  any  Amendment. 

The  Council  adjourned  till  Monday  next  4  O'Clock  P.  M. 


Monday,  the  thirtieth  day  of  June,  1766.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honohle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  lay  a  Duty  on  certain  Goods,  Wares  and  Merchandizes  sold  at 
Public  Vendue,  Auction  or  Outcry  in  the  Cities  and  Counties  of  New  York  and  Albany]  was 
read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  10  o'Clock. 


1596  Journal  of.  the  Legislative  Council  of  New  York. 

Tuesday,  the  first  day  of  July,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honotle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o'Clock. 

Wednesday,  the  second  day  of  July,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  11  o'Clock. 


Thursday,  the  third  day  of  July,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honobl>  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
OLIVER  DE  LANCET, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor, 
and  Vice  Admiral  of  the  same;  being  come  to  the  Council  Chamber,  sent  a  Message  by  the 
Deputy  Secretary,  requiring  the  immediate  attendance  of  the  General  Assembly. 

The  General  Assembly  attending  accordingly 

His  Excellency  the  Governor  was  pleased  in  presence  of  the  Council  and  General  Assembly, 
to  give  his  Assent  to  four  Bills,  the  Titles  whereof  are  as  follow 

An  Act  to  make  it  Felony  without  Benefit  of  Clergy,  to  counterfeit  the  Bills  of  Credit  of 
any  of  his  Majesty's  Colonies,  which  pass  in  payment  in  the  Colony  of  New  York. 

An  Act  to  furnish  the  Barracks  in  the  Cities  of  New  York  and  Albany,  with  Firewood  and 
Candles,  and  the  other  Necessaries  therein  mentioned  for  his  Majesty's  Forces. 

An  Act  for  erecting  certain  Lands  lying  on  the  West  side  of  Connecticut  River  within  this 
Colony,  into  a  separate  County,  to  be  called  by  the  name  of  the  Countv  of  Cumberland,  and 
for  enabling  the  Freeholders  &  Inhabitants  thereof  to  erect  and  build  a  Court  House  and  Goal 
in  the  said  County. 

An  Act  for  Naturalizing  Rudolphus  Ritzema,  William  La  Croix,  Philip  Venus,  Isaac  Rysdick, 
Michael  Pottz,  Daniel  Cookenheim,  Alexander  Diarce  and  Charles  De  Freidenburgh. 

After  which  the  said  Acts  were  published  in  the  usual  manner  and  his  Excellency  the 
Governor,  the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber  His 
Excellency  was  pleased  to  prorogue  the  General  Assembly  to  Tuesday  the  seventh  day  of 
October  next. 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1597 


[  N.  Y.  Col.  MSS  ,  XCIV.,  53.  ] 

BY  His  EXCELLENCY 

Sir  HENRY  MOORE  Baronet,   Captain  General   and  Governor  in   Chief  in  and    over  the 
(L.  S )    Province  of  New  York  and  the  Territories  depending  thereon  ia  America,  Chancellor, 
and  Vice  Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday the  fourteenth 
day  of  October  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I  do  by  and 
with  the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly,  to 
Thursday  the  sixth  day  of  November  now  next  ensuing  then  to  meet  to  proceed  upon  Business  Of 
which  all  his  Majesty's  Subjects  concerned  therein  are  required  to  take  notice  and  to  govern 
themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York 
the  thirteenth  day  of  October  1766  in  the  sixth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

H  :  MOORE. 
By  His  Excellency's  Command 

Gw  BANYAK  D  Secry. 

God  save  the  KING. 


[S.  Y.  Col.  MSS.,  XCIV.,  58.  ] 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the  advice  of  his 
Majesty's  Council  Prorogue  the  said  General  Assembly  to  Monday  the  tenth  day  of  November 
Instant :  Of  which  all  his  Majesty's  Subjects  concerned  therein  are  required  to  take  notice  and  to 
govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York 
the  sixth  day  of  November  1766,  in  the  seventh  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France 
and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

H:  MOORE. 
By  His  Honour's  Command 

Gw  BANYAR  D  SScry. 

God  save  the  KING. 


1598  Journal  of  the  Legislative  Council  of  Neio  York.  [ml!  &$£• 

TWENTY-NINTH  ASSEMBLY    ELEVENTH  SESSION. 

At  a  Session  of  the  Governor  Council  and  General  Assembly  of  the  Province  of 
New  York,  begun  and  holden  at  the  City  Hall  in  the  City  of  New  York,  on  Monday 
the  tenth  day  of  November  in  the  Seventh  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third,  by  the  Grace  of  God  of  Great  Britain,  France  and  Ireland 
King,  Defender  of  the  Faith  and  so  forth,  and  in  the  year  of  our  Lord  One  thousand 
seven  hundred  and  sixty  six. 

The  General  Assembly  having  on  the  third  day  of  July  last  been  prorogued  to  the  seventh 
day  of  October  following  his  Excellency  the  Governor  was  afterwards  by  sundry  Proclamations, 
pleased  to  prorogue  the  said  General  Assembly  on  and  to  the  Days  following,  that  is  to  say; 
on  the  twenty  seventh  day  of  September  last,  to  the  fourteenth  day  of  the  said  Month  of 
October;  on  the  thirteenth  day  of  October  to  the  sixth  day  of  November;  and  on  the  sixth  day 
of  November  to  this  day,  the  tenth  of  November  1766. 

The  Council  met  accordingly. 

PRESENT —  The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  of  this 
Province,  being  come  to  the  Council  Chamber,  sent  a  Message  by  the  Deputy  Secretary, 
requiring  the  immediate  attendance  of  the  General  Assembly  in  the  Council  Chamber  in  the 
City  Hall. 

The  General  Assembly  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  copy  thereof  to  the  Speaker  of  the  General 
Assembly. 

His  Excellency  then  left  the  Council  Chamber,  and  the  General  Assembly  being  returned  to 
the  Assembly  Chamber, 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Excellency's  Speech  be  read. 

Then  his  Excellency's  Speech  was  read,  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  follows. 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly, 

The  meeting  of  the  General  Assembly  has  been  delayed  beyond  the  usual  time,  as  I  was  in 
daily  Expectation  of  receiving  his  Majesty's  Commands,  in  regard  to  an  humble  Representation 
made  of  the  Distress  in  which  this  Colony  would  shortly  be  involved,  through  the  want  of  a 
sufficient  Paper  Currency:  And  it  is  with  the  greatest  satisfaction,  that  I  can  open  this 
Session  with  a  fresh  Instance  of  his  Majesty's  paternal  Regard  and  Protection,  extended  to  this 
Province,  who  has  been  graciously  pleased,  under  certain  Restrictions,  to  revoke  that  Instruction, 
by  which  the  Commander  in  Chief  here,  was  precluded  from  giving  his  Assent  to  any  Act 
which  should  be  framed  for  striking  Bills  of  Credit,  and  issuing  the  same  in  Lieu  of  Money. 
The  Royal  attention  so  constantly  paid  to  the  Sufferings  of  the  People,  and  the  late  Examples 
given  of  it,  are  such  signal  Instances  of  his  Majesty's  Condescension  and  Tenderness  for  their 
Interests,  as  cannot  fail  of  exciting  the  warmest  sentiments  of  Gratitude  in  the  minds  of  every 
Subject,  and  be  productive  of  the  highest  Returns  of  Duty  and  Submission. 

Gentlemen  of  the  General  Assembly, 

The  great  Expence  in  which  this  Colony  has  been  engaged  for  some  time  past,  and  the 
Difficulties  which  still  subsist  in  regard  to  Limits  between  this  and  the  Neighbouring  Provinces  of 
Massachusets  and  the  Jerseys,  have  engaged  me  to  ascertain  as  soqn  as  possible,  the  Line  which 
his  Majesty  has  been  pleased  to  fix,  by  his  Royal  Proclamation,  for  the  Boundary  between  this 
Province  and  Quebec.  And  after  the  necessary  supplies  of  Government  are  raised,  I  must 
recommend  it  to  the  General  Assembly  to  make  Provision  for  the  farther  opening  and  continuing 
this  Line,  in  which  I  natter  myself  that  the  Province  of  Quebec,  equally  interested  in  it,  will 
readily  contribute,  as  a  Mutual  Benefit  will  be  derived  from  it.  I  must  at  the  same  time 
earnestly  request  that  proper  measures  may  be  taken  to  settle  the  Boundaries  between  the 
different  Counties  in  this  Province,  and  fix  them  by  Authority.  The  want  of  a  due  attention 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1599 

to  so  necessary  a  Service,  has  already  given  rise  to  many  Inconveniencies,  and  the  continual 
Scenes  of  Litigation  and  Disorder,  occasioned  by  vague  and  undetermined  Limits,  call  for 
Redress  in  the  strongest  terms. 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly, 

I  shall  during  the  Course  of  your  Session,  take  Opportunities  of  laying  before  you  some 
matters  which  have  occurr'd  to  me  during  the  late  Tour  I  made;  and  recommending  to  your 
consideration  whatever  may  be  conducive  to  the  publick  service ;  as  I  am  fully  persuaded  that 
the  Legislative  Bodies  will  chearfully  co-operate  with  me  in  whatever  can  be  proposed  for  his 
Majesty's  Service,  and  the  good  of  their  Country. 
New  York  10lb  November  17GG.  H:  MOORE. 

Ordered,  that  his  Excellency's  Speech  be  forthwith  printed. 

Mr  Smith  then  moved  that  an  humble  Address  might  be  presented  to  his  Excellency  by  this 
House  in  answer  to  his  Speech. 

Which  motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  by  this  House  to  his  Excellency  accordingly. 

Ordered,  that  Mr  Smith,  Mr  Walton  and  Mr  Morris  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  lay  the  same  before  this 
House  with  all  convenient  speed. 

The  Council  adjourned  till  Wednesday  morning  11  o' Clock. 


Wednesday,  the  twelfth  day  of  November,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUt  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esqrs. 

The  Speaker  assumed  the  Chair. 

Mr  Smith  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  be 
presented  by  this  House  to  his  Excellency  in  answer  to  his  Speech  reported  that  the  Committee 
had  prepared  the  Draft  of  an  humble  Address  accordingly,  which  he  read  in  his  place,  and  then 
delivered  the  same  in  at  the  Table,  where  the  same  was  again  read  and  being  agreed  to,  was 

Ordered  to  be  engrossed. 

The  Council  adjourned  till  Friday  morning  10  o  clock. 


Friday,  the  fourteenth  day  of  November,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  engrossed  Address  to  his  Excellency  was  read. 

Ordered,  that  the  Speaker  do  sign  the  said  Address  to  his  Excellency  in  behalf  of  this  House, 

Who  having  signed  the  same  accordingly 

Ordered,  that  Mr  Reade  and  Mr  Morris  do  wait  on  his  Excellency  and  desire  to  know  when 
he  will  be  pleased  to  be  attended  by  this  House  with  their  Address. 

The  said  Gentlemen  being  returned  reported  that  they  had  delivered  the  said  Message  to  his 
Excellency,  and  that  he  was  pleased  to  say  he  would  receive  the  Council's  Address  immediately 
in  the  Council  Chamber  at  Fort  George. 


1600  Journal  of  the  Legislative  Council  of  New  York.  [u 

The  Speaker  left  the  Chair,  and  with 

The  Council  went  to  Fort  George  to  present  the  humble  Address  of  this  House  to  his 
Excellency,  and  being  returned 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  Council  attended  his  Excellency  and  presented  to  him  the 
humble  Address  of  this  House,  his  Excellency  had  been  pleased  to  return  a  favourable  Answer 
thereto,  which  he  delivered  in  at  the  Table,  and  the  same  being  read 

Ordered,  that  the  said  Address  and  his  Excellency's  Answer  thereto,  be  entered  in  the 
Minutes  of  this  House  which  are  as  follow 

To  his  Excellency  Sir  HENRY  MOORE  Baronet,  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America, 
Chancellor,  and  Vice  Admiral  of  the  same. 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York 

May  it  please  your  Excellency, 

We  his  Majesty's  most  loyal  and  dutiful  Subjects  the  Council  for  this  Province  return  your 
Excellency  our  hearty  thanks  for  your  Speech  at  the  opening  of  this  Session,  and  for  the 
Communication  of  his  Majesty's  gracious  Intentions  towards  the  People  of  this  Colony,  in 
altering  the  Instruction  relative  to  the  Emission  of  a  Paper  Currency. 

Sensible  of  the  great  Importance  of  having  the  Limits  of  the  Province  well  established,  we 
have  great  satisfaction  in  the  early  measures  that  your  Excellency  has  taken  to  ascertain  the 
Line,  which  his  Majesty  has  been  pleased,  by  his  Royal  Proclamation,  to  fix  as  the  Boundary 
between  this  Colony  and  Quebec;  and  hope  your  Excellency's  Recommendation  to  provide  for 
the  further  opening  and  continuing  that  Line,  will  have  the  desired  effect. 

We  are  also  sensible  of  the  necessity  of  a  settlement  of  the  Boundaries  between  some  of  the 
Counties;  the  want  of  which  hath  already  given  rise  to  Litigation  and  Disorder;  which  must 
continue  till  proper  measures  are  taken  to  adjust  the  same. 

We  beg  leave  to  assure  your  Excellency,  that  we  shall  be  ready  on  all  occasions,  to  assist  in 
every  measure  that  may  be  conducive  to  his  Majesty's  service,  and  the  good  of  this  Colony. 

By  order  of  the  Council 

Council  Chamber  New  York  DAN  HORSMANDEN  Speaker. 

14th  November  1766. 

To  which  His  EXCELLENCY  was  pleased  to  return  the  following  Answer. 

Gentlemen  of  the  Council, 

I  return  you  my  hearty  Thanks  for  this  Address,  and  shall  always  look  upon  it  as  my  Duty 
to  promote  as  far  as  lays  in  my  Power,  whatever  may  be  of  advantage  to  the  Interests  of  this 
Country. 

Fort  George  14th  November  1766. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Tuesday  the  twenty  fifth  day  of  November  Instant  at  11  o  clock 
in  the  Morning. 


Tuesday,  the  twenty  fifth  day  of  November,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  byMr  Boerum  and  Mr  Wisner  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  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,  and 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1601 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Lispenard  and  Col  Haasbrouck  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for  regulating  the  Militia  of 
the  Colony  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. 

A  Message  from  the  General  Assembly  by  Col  Livingston  and  Mr  Schenck  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  lay  a  Duty  of  Tonage  on 
Vessells  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook]  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. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Philip  Livingston  with  the  Bill 
Entituled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York,  to 
order  the  raising  a  sum  not  exceeding  fourteen  hundred  pounds  for  the  uses  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  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  To  Morrow  Morning  11  o  clock. 


Wednesday,  the  twenty  sixth  day  of  November,  1766. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  H<mo'jle  DANIEL  HORSMANDEX,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Col  Seaman  with  the  Bill  Entituled 
[An  Act  f.ir  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony,  from  the 
first  day  of  January  one  thousand  seven  hundred  and  sixty  seven  to  the  first  day  of  January  one 
thousand  seven  hundred  and  sixty  eight  inclusive]  desiring  the  concurrence  of  the  council 
thereto. 

Ordered,  that  the  said  Bill  be  rend. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Bruyn  and  Mr  Wisner  with  the  Bill  Entituled 
[An  Act  for  building  a  Bridge  over  the  Roundout  Creek  or  River  at  or  near  Rosendal  in  the 
County  of  Ulster]  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  Bill  Entituled  [An  Act  further  to  continue  An  Act  Entituled,  An  Act  for  granting  to 
his  Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported 
into  this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for  regulating 
the  Militia  of  the  Colony  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

201 


" 


1602  Journal  of  the  Legislative  Council  of  New  York. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered,  a  third  reading. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  lay  a  Duty  of 
Tonage  on  Vessels  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York,  to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  Pounds  for  the  uses 
therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  11  o  clock  to  morrow  morning. 

Thursday  the  twenty  seventh  day  of  November,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono116  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq", 
Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed 
in  this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  seven,  to 
the  first  day  of  January  one  thousand  seven  hundred  and  sixty  eight  inclusive]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  for  building  a  Bridge  over  the  Roundout  Creek  or  River,  at  or 
near  Rosendall,  in  the  County  of  Ulster]  was  read  the  second  time  and 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1603 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  third  time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for  regulating  the 
Militia  of  the  Colony  of  New  York]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  lay  a  Duty  of 
Tonage  on  Vessels  for  defraying  the  expence  of  the  Light  House  on  Sandy  Hook]  was  read 
the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New 
York  to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  pounds,  for  the  uses  therein 
mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Rfsohed,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  morrow  morning  10  o  clock. 


Friday,  the  twenty  eighth  day  of  November,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON,  Esqrs, 
The  Earl  of  STIRLING. 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony,  from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  seven  to  the 
first  day  of  January  one  thousand  seven  hundred  and  sixty  eight  inclusive]  was  read  the  third 
time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled,  [An  Act  for  building  a  Bridge  over  the  Roundout  Creek  or  River,  at  or 
near  Rosendal  in  the  County  of  Ulster]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  the  Earl  of  Stirling  do  acquaint  the  General  Assembly  that  the  Council  have 
passed  the  said  two  Bills  without  any  amendment. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


1604  Journal  of  the  Legislative  Council  of  New  York. 

Saturday,  the  twenty  ninth  day  of  November,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 

OLIVER  DE  LANCET,  Esq™, 

The  Earl  of  STIRLING. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Justice  Livingston  and  Mr  Bayard  with  the 
Bill  entituled,  [An  Act  for  confirming  ancient  Titles  and  Possessions]  desireing  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. 

r  A  Message  from  the  General  Assembly  by  Col  Haasbrouck  and  Mr  Wisner  with  the  Bill 
Entituled  [An  Act  for  extinguishing  Fires  in  the  Woods  in  the  Counties  of  Albany,  Ulster  and 
Orange]  desiring  the  concurrence  of  the  Council  thereto. 

Oidered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered,  a  second  reading. 

A  Message  from  the  General  Assembly  by  Captain  Douw  and  Mr  Ten  Eyck  with  the  Bill 
entituled,  [An  Act  to  impower  the  Justices  of  the  Peace  in  the  County  of  Albany,  in  General 
Sessions  to  appoint  Commissioners  to  lay  out  new  Roads  or  Highways  in  the  said  County] 
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  till  Tuesday  Morning  11  o  clock. 


Tuesday,  the  second  day  of  December,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honotl!c  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
ROGER  MORRIS,  Esq™. 

The  Speaker  resumed  the  Chair. 

The  Bill  Entituled,  [An  Act  for  extinguishing  Fires  in  the  Woods  in  the  Counties  of  Albany, 
Ulster  and  Orange]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  impower  the  Justices  of  the  Peace  in  the  County  of  Albany, 
in  General  Sessions,  to  appoint  Commissioners  to  lay  out  new  Roads  or  Highways  in  the  said 
County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Thursday  morning  11  o  clock. 


1766.]  Sir  Henry  Moore,  Baronet,  Governor  1605 

Thursday,  the  fourth  day  of  December,  1766. 

The  Council  met  according  to  adjournment. 
PRESENT —  The  Honob!e  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Major  Lispenard  and  Mr  Boerum  with  the  Bill 
entituled  [An  Act  for  the  regulation  of  Servants]  desiring  the  Concurrence  of  the  Council 
thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  snid  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Col  Haring  and  Col  Haasbrouck  with  the  Bill 
entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  for  the  more  equal  Taxation  of  Estates 
in  Orange  County]  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  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  entituled  [An 
Act  for  extinguishing  Fires  in  the  Woods  in  the  Counties  of  Albany  Ulster  and  Orange]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House,  in  his  place  reported,  that  the 
Committee  had  gone  through  the  said  Bill,  and  made  an  Amendment  thereto,  which  he  read  in 
his  place,  and  then  delivered  the  Bill  with  the  Amendment  in  at  the  Table,  where  the 
Amendment  being  read  and  agreed  to,  the  Amendment  was 

Ordered  to  be  engrossed,  and  being  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 

lie-solved,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Watts  do  carry  back  the  said  Bill  with  the  Amendment  made  thereto  by  this 
House,  to  the  General  Assembly,  and  acquaint  them  that  the  Council  have  passed  the  Bill  with 
the  s;iid  Amendment,  to  which  they  desire  the  Concurrence  of  that  House. 

The  Bill  entituled  [An  Act  to  empower  the  Justices  of  the  Peace  in  the  County  of  Albany, 
in  General  Sessions,  to  appoint  Commissioners  to  lay  out  new  Roads  or  Highways  in  the  said 
County]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Bill  entituled  [An  Act  for  confirming  ancient  Titles  and  Possessions]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Saturday  morning  11  o  clock. 


Saturday,  the  sixth  day  of  December,  1766. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolu  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Cap'  Douw  and  Mr  Bruyn  with  the  Bill  entituled 
[An  Act  for  extinguishing  Fires  in  the  Woods  in  the  Counties  of  Albany  Ulster  and  Orange] 


1606  Journal  of  the  Legislative  Council  of  New  York.  [S£ 


with  the  Amendment  made  thereto  by  the  Council,  acquainting  this  House  that  the  General 
Assembly  have  agreed  to  the  said  Amendment,  and  desire  the  Bill  maybe  amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended,  by  adding  the  following  clause  in  Page  two, 
after  the  thirteenth  Line,  and  before  the  last  clause  in  the  Bill,  that  is  to  say  "  And  be  it  further 
enacted  by  the  Authority  aforesaid,  that  every  Fireman  so  elected,  that  shall  neglect  or  refuse 
to  do  the  Duty  required  by  this  Act  shall  for  every  Default  or  neglect  forfeit  and  pay  the  sum 
of  two  pounds  to  be  recovered  in  the  manner  as  aforesaid,  and  applyed  one  half  to  the  use  of 
the  Informer  and  the  other  half  to  the  use  of  the  County. 

The  Bill  entituled  [An  Act  for  the  regulation  of  Servants]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  for  the  more  equal  Taxation 
of  Estates  in  Orange  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Tuesday  Morning  11  o  clock. 


Tuesday,  the  ninth  day  of  December,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono616  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  EEADE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Justice  Livingston  and  Mr  Bayard  with  the  Bill 
entituled  [An  Act  to  declare  the  extension  of  several  Acts  of  Parliament  made  since  the 
Establishment  of  a  Legislation  in  this  Colony]  desireing  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. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Philip  Livingston  with  the  Bill 
entituled  [An  Act  to  prevent  Frauds  by  the  adulteration  of  Pot  Ash  and  Pearl  Ash]  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. 

A  Message  from  the  General  Assembly  by  Mr  Bruyn  and  Mr  Boerum  with  the  Bill  entituled, 
[An  Act  to  enable  the  Commissioners  of  the  Highways  for  the  Precinct  of  Goshen,  to  build  and 
keep  in  repair  a  Bridge  across  the  Wall  Kill,  at  the  outlet  of  the  Drowned  Land]  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. 

A  Message  from  the  General  Assembly  by  Mr  Schenck  and  Col  Seaman  with  the  Bill  entituled 
[An  Act  to  prevent  Hawkers  and  Pedlars  from  selling  in  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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  regulation  of  Servants]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Walton  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Speaker  left  the  Chair,  and 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1607 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  continue  An  Act  entituled,  An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange 
County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Council  adjourned  till  Thursday  Morning  10  o  clock. 


Thursday,  the  eleventh  day  of  December,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Lispenard  with  the  Bill  entituled 
[An  Act  to  pay  the  several  persons  therein  mentioned  for  the  Losses  they  sustained  on  the  first 
of  November  one  thousand  seven  hundred  and  sixty  five  and  the  sixth  of  January  one  thousand 
seven  hundred  and  sixty  six]  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. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  for  erecting  certain  Lands  lying  on  the  west  side  of  Connecticut  River  within  this 
Colony,  into  a  separate  County,  and  for  enabling  the  Freeholders  and  Inhabitants  thereof  to  erect 
a  Court  House  and  Goal  in  the  said  County]  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  Bill  entituled,  [An  Act  to  declare  the  extension  of  several  Acts  of  Parliament  made 
since  the  Establishment  of  a  Legislation  in  this  Colony]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled,  [An  Act  to  prevent  Frauds  by  the  Adulteration  of  Pot  Ash  and  Pearl 
Ash]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled,  [An  Act  to  enable  the  Commissioners  of  the  Highways  for  the  Precinct 
of  Goshen,  to  build  and  keep  in  repair  a  Bridge  across  the  Wall  Kill  at  the  Outlet  of  the 
Drowned  Lands]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled,  [An  Act  to  prevent  Hawkers  and  Pedlars  from  selling  in  this  Colony] 
was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  morrow  morning  Ho  clock. 


1608  Journal  of  the  Legislative  Council  of  New  York.  [HIS  £'"™; 

m 

Friday,  the  twelfth  day  oj  December,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoWe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  EEADE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Holland  with  the  Bill  entituled 
[An  Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York, 
for  the  time  being,  or  the  major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  one 
thousand  pounds,  by  a  Tax  on  Estates  real  and  personal  in  the  said  City,  for  the  purposes 
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  and 
Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Kissam  with  the  Bill  entituled, 
[An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  County  of  Cumberland  to  choose 
and  elect  six  Constables  for  the  said  County]  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. 

A  Message  from  the  General  Assembly  by  Col  Haasbrouck  and  Mr  Cruger  with  the  Bill 
entituled  [An  Act  authorizing  and  impowering  Abraham  Lott  to  have  recourse  to  and  take  out 
of  the  Secretary's  Office  of  this  Colony  such  ancient  Records  as  are  wrote  in  the  Dutch 
Language]  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  Bill  entituled  [An  Act  to  pay  the  several  Persons  therein  mentioned  for  the  Losses 
they  sustained  on  the  first  of  November  one  thousand  seven  hundred  and  sixty  five,  and  the 
sixth  of  January  one  thousand  seven  hundred  and  sixty  six]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  Frauds  by  the  adulteration  of  Pot  Ash  and  Pearl  Ash]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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. 

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 

Rcsolicd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  to  enable  the  Commissioners  of  the  Highways  for  the  Precinct  of  Goshen  to  build  and  keep 
in  repair  a  Bridge  across  the  Wall  Kill  at  the  Outlet  of  the  Drowned  Land]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled,  [An 
Act  to  prevent  Hawkers  and  Pedlars  from  selling  in  this  Colony]  and  after  some  time  spent 
therein, 


17G6.]  Sir  Henry  Moore,  Baronet,  Governor.  1609 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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. 

Ordered,  that  the  said  13111  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  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  th9 
said  three  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Saturday,  the  thirteenth  day  of  December,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolu  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  erecting  certain  Lands  lying  on  the  west  side  of  Connecticut 
River  within  this  Colony  into  a  separate  County,  and"  for  enabling  the  Freeholders  and 
Inhabitants  thereof  to  erect  a  Court  House  and  Goal  in  the  said  County]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  impower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the 
City  of  New  York,  for  the  time  being  or  the  major  part  of  them,  to  order  the  raising  a  sum  not 
exceeding  one  thousand  pounds  by  a  Tax  on  Estates  real  and  personal  in  the  said  City  for  the 
purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  County  of 
Cumberland  to  chuse  and  elect  six  Constables  for  the  said  County]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  authorizing  and  impowering  Abraham  Lott  to  have  recourse  to 
and  take  out  of  the  Secretary's  Office  of  this  Colony,  such  ancient  Records  as  are  wrote  in  the 
Dutch  Language]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Bayard  with  the  Bill  entituled 
[An  Act  for  paying  the  Salaries  and  Services  of  the  several  Officers  of  the  Government  from 
the  first  day  of  September  one  thousand  seven  hundred  and  sixty  six  to  the  first  day  of 
September  one  thousand  seven  hundred  and  sixty  seven  inclusive,  and  other  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  for  laying  out  regulating  and  keeping  in  repair  common  and  publick  Highways  in  the 
County  of  Cumberland]  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  till  Monday  morning  11  o  clock. 


202 


1610  Journal  of  the  Legislative  Council  of  New  York.  [S 

Monday,  the  fifteenth  day  of  December,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  paying  the  Salaries  and  Services  of  the  several  officers  of 
Government  from  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  six,  to  the 
first  day  of  September  one  thousand  seven  hundred  and  sixty  seven  inclusive,  and  other  services 
therein  mentioned]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  Whole  House  on  the  Bill  entituled  [An 
Act  to  empower  and  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York,  for 
the  time  being,  or  the  major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  one  thousand 
pounds,  by  a  Tax  on  Estates  real  and  personal  in  the  said  City,  for  the  purposes  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  Whole  House,  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 

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. 

The  Speaker  left  the  Chair  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  enable  the  Freeholders  and  Inhabitants  of  the  County  of  Cumberland  to  choose  and  elect 
six  Constables  for  the  said  County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  Bills  last  mentioned  without  any  Amendment. 

The  Bill  entituled  [An  Act  for  laying  out,  regulating  and  keeping  in  repair  common  and 
publick  Highways  in  the  County  of  Cumberland]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1611 

Tuesday,  the  sixteenth  day  of  December,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  EEADE,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Major  Lispenard  and  Mr  Bayard  with  the  Bill 
entituled  [An  Act  to  continue  the  several  Acts  therein  mentioned,  respecting  the  relief  of 
Insolvent  Debtors]  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. 

A  Message  from  the  General  Assembly  by  Col  Haasbrouck  and  Mr  Holland  with  the  Bill 
entituled  [An  Act  for  Naturalizing  John  Plantin,  John  Clear,  William  Eussel,  John  Styers, 
Lawrence  Schuler,  Nicholas  Timmerman  and  Simon  Shurger]  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  Bill  entituled  [An  Act  for  paying  the  Salaries  and  Services  of  the  several  Officers  of  the 
Government  from  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  six,  to  the 
first  day  of  September  one  thousand  seven  hundred  and  sixty  seven  inclusive,  and  other  services 
therein  mentioned]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  for  laying  out  regulating  and  keeping  in  repair,  common  and 
publick  Highways  in  the  County  of  Cumberland]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Wednesday,  the  seventeenth  day  of  December,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORP, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  continue  the  several  Acts  therein  mentioned,  respecting  the 
relief  of  Insolvent  Debtors]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein. 

The  Speaker  resumed  the  Chair,  and 

Mr  Walton  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 


1612  Journal  of  the  Legislative  Council  of  New  York.  [^  £fB8™- 

The  Bill  entituled  [An  Act  for  naturalizing  John  Plantin,  John  Clear,  William  Russel  John 
Styers,  Lawrence  Schuler,  Nicholas  Timmerman  and  Simon  Shurger]  was  read  the  second  time 
and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Walton  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled,  [An 
Act  to  pay  the  several  persons  therein  mentioned,  for  the  Losses  they  sustained  on  the 
first  of  November  one  thousand  seven  hundred  and  sixty  five,  and  the  sixth  of  January  one 
thousand  seven  hundred  and  sixty  six]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Council  adjourned  till  4  o  clock  P.  M. 


Wednesday  the  seventeenth  day  of  December,  1776.    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The,  Honolle  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON. 
OLIVER  DE  LANCEY, 
CHARLES  W.  APTIIORPE, 
JOSEPH  READE,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  continue  the  several  Acts  therein  mentioned,  respecting  the 
relief  of  Insolvent  Debtors]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  for  naturalizing  John  Plantin,  John  Clear,  William  Russel,  John 
Styers,  Lawrence  Shuler,  Nicholas  Timmerman  and  Simon  Shurger]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills,  and  the  Bill  entituled  [An  Act  to  pay  the  several  persons  therein  mentioned, 
for  the  Losses  they  sustained  on  the  first  of  November  one  thousand  seven  hundred  and  sixty 
five,  and  the  sixth  of  January  one  thousand  seven  hundred  and  sixty  six]  without  any  Amendment. 

The  Council  adjourned  till  Friday  morning  11  o'clock  to  meet  at  the  House  of  Mathias 
Earnest  in  the  Outward  of  the  City  of  New  York. 


1766.]  Sir  Henry  Moore,  Baronet,  Governor.  1613 

Friday,  the  nineteenth  day  of  December,  1766. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honolle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
CHARLES  W.  APTHORPE, 
ROGER  MORRIS,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  in  and  over 
the  Province  of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor,  and 
Vice  Admiral  of  the  same,  being  come  to  the  Council  Chamber  sent  a  Message  by  the  Deputy 
Secretary  requiring  the  immediate  attendance  of  the  General  Assembly. 

The  General  Assembly  attending  accordingly 

His  Excellency  the  Governor  in  presence  of  the  Council  and  General  Assembly  was  pleased 
to  give  his  assent  to  twenty  Bills  the  Titles  whereof  are  as  follow.  That  is  to  say 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  for  paying  the  Salaries  and  Services  of  the  several  Officers  of  the  Government,  from 
the  first  day  of  September  one  thousand  seven  hundred  and  sixty  six,  to  the  first  day  of 
September  one  thousand  seven  hundred  and  sixty  seven  inclusive,  and  other  services  therein 
mentioned. 

An  Act  to  pay  the  saveral  persons  therein  mentioned  for  the  Losses  they  sustained  on  ths 
first  of  November  one  thousand  seven  hundred  and  sixty  five,  and  the  sixth  of  January  one 
thousand  seven  hundred  and  sixty  six. 

An  Act  further  to  continue  An  Act  entituled,  An  Act  for  regulating  the  Militia  of  the  Colony 
of  New  York. 

An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
first  day  of  January  one  thousand  seven  hundred  and  sixty  seven  to  the  first  day  of  January  one 
thousand  seven  hundred  and  sixty  eight  inclusive. 

An  Act  for  the  Regulation  of  Servants. 

An  Act  to  prevent  Frauds  by  the  Adulteration  of  Pot  Ash  and  Pearl  Ash. 

An  Act  further  to  continue  An  Act  entituled,  An  Act  to  lay  a  Duty  of  Tonage  on  Vessels, 
for  defraying  the  expence  of  the  Light  House  on  Sandy  Hook. 

An  Act  to  prevent  Hawkers  and  Pedlars  from  selling  in  this  Colony. 

An  Act  to  continue  the  several  Acts  therein  mentioned,  respecting  the  relief  of  insolvent 
Debtors. 

An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  to  order  the 
raising  a  sum  not  exceeding  fourteen  hundred  pounds  for  the  uses  therein  mentioned. 

An  Act  to  impower  and  enable  the  Mayor,  Recorder  and  Aldermen  of  the  City  of  New  York 
for  the  time  being,  or  the  Major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  one 
thousand  pounds,  by  a  Tax  on  Estates  real  and  personal,  in  the  said  City  for  the  purposes 
therein  mentioned. 

An  Act  for  extinguishing  Fires  in  the  Woods  in  the  Counties  of  Albany,  Ulster  and  Orange. 

An  Act  to  impower  the  Justices  of  the  Peace  in  the  County  of  Albany,  in  General  Sessions 
to  appoint  Commissioners  to  lay  out  new  Roads  or  Highways  in  the  said  County. 

An  Act  to  continue  An  Act  entituled,  An  Act  for  the  more  equal  Taxation  of  Estates  in 
Orange  County. 

An  Act  for  building  a  Bridge  over  the  Roundout  Creek  or  River  at  or  near  Rosendal  in  the 
County  of  Ulster. 

An  Act  to  enable  the  Commissioners  of  the  Highways  for  the  Precinct  of  Goshen,  to  build 
and  keep  in  repair  a  Bridge  across  the  Wall  Kill  at  the  outlet  of  the  Drowned  Land. 

An  Act  for  laying  out  regulating  and  keeping  in  Repair,  common  and  publick  Highways  in 
the  County  of  Cumberland. 

An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  County  of  Cumberland,  to  chuse 
and  elect  Six  Constables  for  the  said  County. 


1614  Journal  of  the  Legislative  Council  of  New  York.  [?uh  sVi-™' 

An  Act  for  naturalizing  John  Plantin,  John  Clear,  William  Russel,  John  Styers,  Lawrence 
Schuler,  Nicholas  Timmerman  and  Simon  Shurger. 

After  which  the  said  Acts  were  published  in  the  usual  manner,  and  his  Excellency  the 
Governor,  the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber, 

His  Excellency  was  pleased  to  Prorogue  the  General  Assembly  to  Tuesday  the  tenth  day  of 
March  next. 


[N.  Y.  Col.  MSB.,  XC1V.,  91.) 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE  Baronet,  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  the  tenth 
day  of  March  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to 
Thursday  the  sixteenth  day  of  April  next  ensuing.  Of  which  all  his  Majesty's  Subjects  concerned 
therein  are  required  to  take  notice  and  to  govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York 
the  ninth  day  of  March  1767  in  the  seventh  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

H  :  MOORE. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Stcry. 

God  save  the  KING. 


[N.  Y.  Col.  MSB.,  XCIV.,  98.] 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE  Baronet,  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Thursday  the 
sixteenth  day  of  April  Instant,  I  have  thought  fit  for  his  Majesty's  Service  to  prorogue,  and  I  do 
by  and  with  the  advice  of  his  Majesty's  Council  farther  prorogue  the  said  General  Assembly  to 
Tuesday  the  fifth  day  of  May  next  ensuing.  Of  which  all  his  Majesty's  Subjects  concerned 
therein  are  required  to  take  notice  and  to  govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York, 
the  ninth  day  of  April  1767  in  the  seventh  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third,  by  the  Grace  of  God  of  Great  Britain  France,  and 
Ireland,  King  Defender  of  the  Faith  and  so  forth. 

H :  MOORE. 
Hy  His  Excellency's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1615 


[N.  Y.  Col.  MSS.,  XCIV.,  105.) 

BY  His  EXCELLENCY 

Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Tuesday  this  fifth 
day  of  May  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  And  I  do  by  and  with  the 
Advice  of  his  Majesty's  Council  farther  prorogue  the  said  General  Assembly  to  Tuesday  the 
twenty  sixth  day  of  May  Instant,  then  to  meet  to  proceed  upon  Business.  Of  which  all  his 
Majesty's  Subjects  concerned  therein  are  required  to  take  notice  and  to  govern  themselves 
accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York 
the  fifth  day  of  May  1767  in  the  seventh  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland  King  Defender  of  the  Faith  and  so  forth. 

H:  MOORE. 
By  Ids  Excellency's  Command 

Gw  BANYAR  D  SScry. 

God  save  the  KING. 


I  N.  Y.  Col.  MSS.,  XCIV.,  107.  J 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE  Baronet,  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

HEREAS  the  General  Assemb 
sixth 


by  and  with  the  Advice  of  his  Majesty' 
Prorogue  the  said  General  Assembly  to  Wednesday  the  twenty  seventh  day  of  May  Instant,  then 
to  meet  to  proceed  upon  Business.  Of  which  all  his  Majesty's  subjects  concerned  therein  are 
required  to  take  Notice  and  to  Govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York 
the  twenty  sixth  day  of  May  1767  in  the  seventh  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

H:  MOORE, 
By  His  Excellency's  Command. 

Gw  BANYAR  D  SCcry. 

God  save  the  KING. 


1616  Journal  of  the  Legislative  Council  of  New  York. 

TWENTY  NINTH  ASSEMBLY    TWELFTH  SESSION. 


At  a  Session  of  the  Governor,  Council  and  General  Assembly  of  the  Province  of  New 
York,  begun  and  holden  at  the  City  Hall  in  the  City  o/"New  York  on  Wednesday  the 
twenty  seventh  day  of  May,  in  the  Seventh  year  of  the  Reign  of  our  Sovereign  Lord 
George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth:  and  in  the  year  of  our  Lord  One  thousand 
seven  hundred  and  sixty  seven. 

The  General  Assembly  of  the  said  Province,  having  on  the  nineteenth  day  of  December  now 
last  past,  been  prorogued  to  Tuesday  the  tenth  day  of  March  then  next  following;  His 
Excellency  the  Governor  was  afterwards,  by  sundry  Proclamations,  pleased  to  Prorogue  the 
said  General  Assembly,  on  and  to  the  days  following,  that  is  to  say.  On  the  ninth  day  of 
March  now  last  past  to  the  sixteenth  day  of  April  following.  On  the  ninth  day  of  the  said 
month  of  April  to  the  fifth  day  of  May  instant.  On  the  fifth  day  of  May  Instant  to  the  twenty 
sixth  day  of  the  same  month.  And  on  the  day  last  mentioned  to  this  day. 

The  Council  met  accordingly. 

PRESENT  —  The  Honoble  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esqrs. 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  of  this 
Province,  being  come  to  the  Council  Chamber,  sent  a  Message  by  the  Deputy  Secretary, 
requiring  the  immediate  attendance  of  the  General  Assembly  at  the  Council  Chamber  at  the 
City  Hall. 

The  General  Assembly  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  Copy  thereof  to  the  Speaker  of  the  General 
Assembly. 

His  Excellency  then  left  the  Council  Chamber,  and  the  General  Assembly  being  returned  to 
the  Assembly  Chamber, 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Excellency's  Speech  be  read. 

Then  his  Excellency's  Speech  was  read,  and 

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

Gentlemen  of  the.  Council  and  Gentlemen  of  the  General  Assembly, 

The  Difficulties  under  which  this  Province  has  laboured,  in  respect  to  its  Eastern  Boundaries, 
and  the  Differences  in  which  it  has  been  engaged,  in  consequence  thereof,  with  the  Province- 
of  the  Massachusetts  Bay,  having  been  laid  before  the  King,  I  am  directed  by  his  Majestys 
principal  Secretary  of  State  to  recommend  to  you,  that  a  speedy  and  amicable  adjustment  of 
these  Disputes  may  take  place,  and  the  most  effectual  Method  pursued  for  settling  every 
Difference,  relative  to  the  Boundaries  of  the  respective  Colonies,  by  Commissaries  appointed 
from  each  of  them  for  that  purpose. 

In  a  Concern  of  so  publick  a  Nature,  I  flatter  myself  that  nothing  will  be  neglected  by  you, 
which  can  tend  to  the  bringing  this  affair  to  a  happy  conclusion;  and  that  you  will  proceed 
without  delay  to  the  Nomination  of  Commissaries  on  the  part  of  this  Government  whose 
knowledge  and  abilities  may  recommend  them  as  proper  arbitrators  in  a  case  of  such 
Importance,  and  whose  Moderation  may  give  them  such  weight  among  those  appointed  to  act 
with  them,  that  from  their  Example  no  means  may  be  left  untryed  for  surmounting  any 
Difficulties  which  may  occasionally  arise. 

The  Preservation  of  the  publick  Tranquility,  and  the  Protection  of  private  Property,  are  so 
far  the  objects  of  this  Negotiation,  as  to  demand  your  most  serious  attention  ;  a  generous  manner 
of  acting,  together  with  proper  concessions  made  on  both  sides,  cannot  fail  of  obtaining  the 
desired  success  on  this  occasion,  and  rendering  your  Endeavours  highly  acceptable  to  both 
Provinces,  as  all  cause  of  future  Dissention  between  them  may  thereby  be  effectually  removed. 

Gentlemen  of  the   General  Assembly, 

As  the  Act  for  providing  Fuel,  Barracks  &c  for  his  Majesty's  Troops  now  quartered  in  this 
City,  will  expire  in  a  few  days,  1  am  now  to  recommend  a  farther  Provision  for  them,  and  on 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1617 

the  Plan  prescribed  by  the  Act  of  Parliament.  I  am  fully  persuaded  that  on  a  due  consideration, 
the  Impropriety  of  the  Limitations  in  the  Act  of  Assembly  pass'd  last  year  will  sufficiently 
appear ;  and  that  this  House  will  with  chearfulness  provide  for  the  Troops  in  the  manner  now 
expected  from  them,  nor  suffer  either  an  ill-timed  Parsimony  or  injudicious  Restriction,  to  cast 
such  a  Reflection  on  their  Proceedings,  as  can  any  way  be  construed  to  represent  them  as 
undeserving  the  Favours  they  have  received  from  the  Crown. 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly, 

The  inconveniences  which  must   attend  a   long  Session   at  this   Season  of  the  year,  will 
naturally  induce  you  to  proceed  to  Business  with  Despatch,  and  I  shall  be  happy  in  having  an 
opportunity  of  shewing  my  Readiness  to  join  with  you  in  whatever  can  promote  his  Majesty's 
service,  or  contribute  to  the  good  of  the  Province. 
New  York  27tb  May  1777  H  :  MOORE. 

Ordered,  that  his  Excellency's  Speech  be  printed. 

Mr  Reade  then  moved  that  an  humble  Address  might  be  presented  to  his  Excellency  by  this 
House  in  answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  by  this  House  to  his  Excellency  accordingly. 

Ordered,  that  Mr  Watts,  Mr  De  Lancey  and  Mr  Reade  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  lay  the  same  before  the 
House  to  morrow  morning. 

The  Council  adjourned  till  to  morrow  morning  10  o'clock. 


Thursday,  the  twenty  eighth  day  of  May,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
WILLIAM  WALTON, 
JOSEPH  READE,  Esqr>. 

The  Speaker  assumed  the  Chair. 

Mr  Reade  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  be 
presented  by  this  House  to  his  Excellency  in  answer  to  his  Speech  reported  that  the  Committee 
had  prepared  the  Draft  of  an  humble  Address  accordingly,  which  he  read  in  his  place  and  then 
delivered  the  same  in  at  the  Table,  where  the  same  was  again  read  and  being  agreed  to,  was 

Ordered  to  be  engrossed. 

The  engrossed  Address  to  his  Excellency  was  read. 

Ordered,  that  the  Speaker  do  sign  the  said  Address  to  his  Excellency  in  behalf  of  this  House, 
who  having  signed  the  same  accordingly 

Ordered,  that  Mr  Watts  and  Mr  Reade  do  wait  on  his  Excellency  and  desire  to  know  when  he 
will  be  pleased  to  be  attended  by  this  House  with  their  Address. 

The  said  Gentlemen  being  returned  reported  that  they  had  delivered  the  said  Message  to  his 
Excellency,  and  that  he  was  pleased  to  say  he  would  receive  the  Councils  Address  immediately 
in  the  Council  Chamber  in  Fort  George. 

The  Speaker  left  the  Chair,  and  with 

The  Council  went  to  Fort  George  to  present  the  humble  Address  of  this  House  to  his 
Excellency,  and  being  returned, 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  .Council  attended  his  Excellency  and  presented  to  him  the 
humble  Address  of  this  House  His  Excellency  had  been  pleased  to  return  a  favourable  Answer 
thereto,  which  he  delivered  in  at  the  Table,  and  the  same  being  read 

Ordered,  that  the  said  Address  and  his  Excellency's  Answer  thereto  be  entered  in  the  minutes 
of  this  House,  which  are  as  follow 


203 


1618  Journal  of  the  Legislative  Council  of  New  York.  [izfh  Be8."™' 

To  His  Excellency  Sir  HENRY  MOORE  Baronet,  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America 
Chancellor  and  Vice  Admiral  of  the  same. 

The  Humble  ADDRESS  of  the  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  you  our  hearty  Thanks  for  your  Speech. 

The  contested  Limits  between  this  Colony  and  the  Province  of  the  Massachusetts  Bay,  having 
been  productive  of  Consequences  highly  prejudicial  to  the  Interests  of  both,  call  loudly  for  a 
Speedy  and  amicable  adjustment.  We  cannot  therefore  but  express  the  warmest  acknowledgements 
of  your  Excellency's  attention  to  so  desirable  an  Object;  sensible  of  its  great  Importance  to  the 
Preservation  of  the  publick  Tranquility,  and  the  protection  of  private  Property,  nothing  will  be 
wanting  on  our  part,  that  can  tend  to  bring  to  a  happy  conclusion,  a  Controversy  so  long 
subsisting.  And  we  ardently  hope  that  by  the  Wisdom  and  Moderation  of  both  Governments, 
this  Affair  will  be  so  conducted,  as  that  all  cause  of  future  Dissention  between  them,  may  thereby 
be  effectually  removed. 

In  this  as  in  every  other  matter  requiring  our  Consideration,  we  shall  proceed  with  due 
Dispatch,  and  chearfully  concur  with  your  Excellency  in  whatever  can  promote  his  Majesty's 
Service,  and  the  prosperity  of  the  Province. 

By  Order  of  the  Council 
New  York  28th  May  1767.  DANL  HOESMANDEN,  Speaker. 

His  EXCELLENCY'S  Answer. 

Gentlemen  of  the  Council 

I  return  you  my  hearty  Thanks  for  this  Address,  and  receive  with  the  greatest  satisfaction 
your  Assurances  of  concurring  chearfully  with  me  in  promoting  his  Majesty's  Service,  and  the 
Prosperity  of  the  Province. 
Fort  George  May  29th  1767. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 
The  Council  adjourned  till  Friday  the  fifth  day  of  June  1767. 


Friday,  the  fifth  day  of  June,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hono116  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  EEADE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Philip  Livingston  and  Colonel  Philipse  with 
the  Bill  entituled  [An  Act  to  revive  the  several  Acts  therein  mentioned,  relating  to  absconding 
and  fraudulent  debtors]  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. 

A  Message  from  the  General  Assembly  by  Colonel  Livingston  and  Mr  Boerum  with  the  Bill 
entituled  [An  Act  granting  unto  his  Majesty  the  Sum  of  three  thousand  pounds  for  furnishing 
Necessaries  for  the  Troops  Quartered  within  this  Colony,  and  for  paying  Captain  Philip  Martin 
the  Losses  he  sustained  in  the  house  of  Major  James  on  the  first  of  November  one  thousand 
seven  hundred  and  sixty  five]  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. 

A  Message  from  the  General  Assembly  by  Mr  Philip  Livingston  and  Mr  Lispenard  with  the  Bill 
entituled  [An  Act  to  impower  Commissaries  to  setle  a  Line  of  Jurisdiction  between  this  Colony 
and  the  Province  of  the  Massachusets  Bay]  destreing  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  4  o'clock  in  the  afternoon. 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1619 

Friday,  the  fifth  day  of  June,  1767.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono'lle  DANIEL  HORSMANDEN.  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  revive  the  several  Acts  therein  mentioned,  relating  to 
absconding  and  fraudulent  Debtors]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  granting  unto  his  Majesty  the  sum  of  three  thousand  pounds  for 
furnishing  Necessaries  for  the  Troops  Quartered  within  this  Colony,  and  for  paying  Captain 
Philip  Martin  the  Losses  he  sustained  in  the  House  of  Major  James  on  the  first  of  November 
one  thousand  seven  hundred  and  sixty  five]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled,  [An  Act  to  impower  Commissaries  to  settle  a  Line  of  Jurisdiction  between 
this  Colony  and  the  Province  of  the  Massachusets-Bay]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  morrow  morning  11  o'clock. 


Saturday,  the  sixth  day  of  June,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

WILLIAM  SMITH, 
JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE,  Esq". 

The  Speaker  assumed  the  Chair 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled, 
[An  Act  to  revive  the  several  Acts  therein  mentioned  relating  to  absconding  and  fraudulent 
Debtors]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  granting  unto  his  Majesty  the  sum  of  three  thousand  pounds  for  furnishing  Necessaries  for 
the  Troops  quartered  within  this  Colony  and  for  paying  Captain  Philip  Martin  for  the  Losses 
he  sustained  in  the  house  of  Major  James  on  the  first  of  November  one  thousand  seven  hundred 
and  sixty  five]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

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. 


1620  Journal  of  the  Legislative  Council  of  New  York. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  impower  Commissaries  to  settle  a  Line  of  Jurisdiction  between  this  Colony  and  the 
Province  of  the  Massachusets  Bay]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

Ordered,  that  the  said  Bill  be  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  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  three  Bills  without  any  Amendment. 

His  Excellency  the  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by  the 
Deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly. 

The  General  Assembly  attending  accordingly. 

His  Excellency  the  Governor  in  the  presence  of  the  Council  and  General  Assembly  was 
pleased  to  give  his  Assent  to  three  Bills  the  Titles  whereof  are  as  follow 

An  Act  granting  unto  his  Majesty  the  sum  of  three  thousand  pounds  for  furnishing  Necessaries 
for  the  Troops  quartered  within  this  Colony,  and  for  paying  Captain  Philip  Martin  the  Losses 
he  sustained  in  the  House  of  Major  Jameson  the  first  of  November  one  thousand  seven  hundred 
and  sixty  five. 

An  Act  to  impower  Commissaries  to  settle  a  Line  of  Jurisdiction  between  this  Colony  and 
the  Province  of  the  Massachusets  Bay. 

An  Act  to  revive  the  several  Acts  therein  mentioned,  relating  to  absconding  and  fraudulent 
Debtors. 

After  which  the  said  Acts  were  published  in  the  usual  manner,  and  his  Excellency  the 
Governor,  the  Council  and  General  Assembly  being  returned  to  the  Council  Chamber,  his 
Excellency  was  pleased  to  prorogue  the  General  Assembly  to  Tuesday  the  eleventh  day  of 
August  next. 


[N.  T.  Col.  MSB.,  XCIV.,  116.] 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE  Baronet,  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  eleventh 
day  of  August  Instant  I  have  thought  fit  for  His  Majesty's  Service  to  prorogue,  and  I  do  by 
and  with  the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to 
Tuesday  the  first  day  of  September  now  next  ensuing  of  which  all  his  Majesty's  Subjects  concerned 
therein  are  required  to  take  notice  and  to  govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York 
the  sixth  day  of  August  1767  in  the  seventh  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

H:  MOORE. 
By  His  Excellency's  Command 

Gw  BANYAK  D  SScry. 

God  save  the  KING-. 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1621 

[N.  Y.  Col.  MSS.,  XCIV.,  118.) 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE  Baronet,  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  Ne.w  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  first 
day  of  September  now  next  ensuing:  I  have  thought  fit  for  his  Majesty's  service  to  prorogue  and 
I  do  by  and  with  the  Advice  of  his  Majesty's  Council  farther  prorogue  the  said  General 
Assembly  to  Tuesday  the  twenty  second  day  of  September  next  ensuing  of  which  all  his  Majesty's 
subjects  concerned  therein  are  required  to  take  Notice  and  to  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  August  17G7  in  the  seventh  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain, 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

H:  MOORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D.  SHcry. 

God  save  the  KING. 


[N.  T.  Col.  MSS.,  XCIV.,  120.) 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Tuesday  the  twenty 
second  of  September  Instant,  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by 
and  with  the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to 
Tuesday  the  thirteenth  day  of  October  next  ensuing.  Of  which  all  his  Majesty's  subjects 
concerned  therein,  are  required  to  take  notice  and  to  govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York 
the  sixteenth  day  of  September  1767  in  the  seventh  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

H:  MOORE. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1622  Journal  of  the  Legislative  Council  of  New  York  [ 

[N.  T.  Col.  MSS.,  XCIV,,  123.) 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor,  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  Tuesday  the  thirteenth 
day  of  November  Instant  I  have  thought  lit  for  his  Majesty's  Service  to  prorogue,  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  further  prorogue  the  said  General  Assembly  to  Tuesday 
the  seventeenth  day  of  November  next  ensuing  then  to  meet  to  proceed  upon  Business  o?  which  all 
his  Majestys  Subjects  concerned  therein  are  required  to  take  notice  and  to  govern  themselves 
accordingly. 

Given  under  my  hand  and  seal  at  Arms  at  Fort  George  in  the  City  of  Nciv  York 
the  third  day  of  October  1767  in  the  seventh  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and 
Ireland,  King  Defender  of  the  Faith  and  so  forth. 

H:  MOORE. 
By  His  Excellency's  Command 

Gw  BANYAR,  D  Secry. 

God  save  the  KING 


TWENTY-NINTH  ASSEMBLY    THIRTEENTH  SESSION. 


At  a  Session  of  the  Governor,  Council  and  General  Assembly  of  the  Province  of 
New  York,  begun  and  holden  at  the  City  Hall  of  the  City  New  York  on  Tuesday 
the  Seventeenth  day  of  November  iw  the  Eighth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland 
King,  Defender  of  the  Faith,  and  so  forth,  and  in  the  year  of  our  Lord  One  thousand 
seven  hundred  and  sixty  seven. 

The  General  Assembly  having  on  the  sixth  day  of  June  last,  been  prorogued  to  the  eleventh 
day  of  August  following,  His  Excellency  the  Governor  was  pleased  by  sundry  Proclamations 
further  to  Prorogue  the  said  General  Assembly,  on  and  to  the  days  following,  that  is  to  say: 
On  the  sixth  day  of  August  to  the  first  day  of  September.  On  the  thirty  first  day  of  August 
to  the  twenty  second  day  of  September.  On  the  sixteenth  day  of  September  to  the  thirteenth 
day  of  October  and  on  the  third  day  of  October  to  the  seventeenth  day  of  November  in  this 
present  year  of  our  Lord  one  thousand  seven  hundred  and  sixty  seven,  then  to  meet  to  proceed 
upon  Business. 

The  Council  met  accordingly. 

PRESENT —  TheHonolle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esqr§. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1623 

Wednesday  the  eighteenth  day  of  November  1767. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  of  this 
Province  being  come  to  the  Council  Chamber  (the  Speaker  leaving  the  Chair)  his  Excellency 
sent  a  Message  by  the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General 
Assembly  in  the  Council  Chamber  in  the  City  Hall. 

The  General  Assembly  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  Copy  thereof  to  the  Speaker  of  the  General 
Assembly. 

His  Excellency  then  left  the  Council  Chamber  and  the  General  Assembly  being  returned  to 
the  Assembly  Chamber 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Excellency's  Speech  be  read. 

Then  his  Excellency's  Speech  was  read  and 

Ordered  to  be  entered  in  the  Minutes  and  is  as  followeth 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  General  Assembly, 

The  sanguine  Expectations  so  lately  raised  here  of  seeing  our  Disputes  with  the  Province  of 
the  Massachusets  Bay,  in  regard  to  Boundaries,  brought  to  a  speedy  Determination,  are  hitherto 
disappointed  ;  And  notwithstanding  the  well  known  abilities  of  the  Commissaries  employed 
in  this  service,  it  will  appear  from  their  Report,  that  a  Negotiation  of  so  much  Consequence  to 
both  Provinces,  and  from  which  the  advantages  to  be  derived  were  mutual,  had  not  been 
attended  with  the  wish'd  for  success :  But  as  their  near  approach  to  an  Agreement  seems  to 
point  out  that  the  Difficulties  still  subsisting  are  by  no  means  of  such  a  nature  as  to  preclude  all 
Expectations  of  being  removed,  I  must  recommend  it  to  you,  that  such  steps  may  now  be  taken, 
as  you  shall  think  most  conducive  to  so  good  a  purpose  ;  And  that  your  ready  concurrence  may 
not  be  wanting  in  every  just  and  reasonable  measure  for  bringing  this  Matter  to  a  desirable  Issue. 

In  the  mean  time  the  particular  situation  of  that  part  of  the  Country,  chiefly  interested  in 
the  event  of  this  Dispute  will  require  your  serious  attention,  and  it  is  hoped  that  nothing  will 
be  omitted  on  your  part  to  discourage  and  prevent  the  renewal  of  those  Disputes,  which  so 
lately  prevail'd  there  to  the  Ruin  of  Individuals  and  the  Disgrace  of  Government. 

Gentlemen  of  the  General  Assembly 

In  laying  before  you  the  Act  passed  in  the  last  Session  of  Parliament,  relative  to  the 
Legislature  of  this  Province,  and  transmitted  to  me  by  his  Majesty's  principal  Secretary  of 
State,  I  cannot  harbour  the  least  Doubt,  but  that  the  prudent  Conduct  of  this  House  will 
render  the  Provisions  contained  in  it  unnecessary,  and  that  their  Zeal  for  his  Majesty's  Service 
and  attachment  to  his  Government  will  always  engage  them  to  entertain  a  due  sense  of  the 
Blessings  which  they  enjoy  under  his  Protection  and  the  Influence  of  the  British  Constitution. 

I  must  again  repeat  what  I  urged  in  a  former  Session  concerning  the  vague  and  undetermined 
Boundaries  of  the  different  Counties  of  this  Province,  and  the  Necessity  for  making  a  proper 
Provision  for  ascertaining  them  A  very  essential  service  will  thereby  be  rendered  to  the 
Country,  by  preventing  those  Scenes  of  Litigation  which  so  much  impede  the  present  settling 
of  those  parts,  and  of  course  must  in  time  be  productive  of  the  greatest  mischiefs. 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly 

As  his  Majesty's  Service  and  the  Benefit  of  the  Province  will  be  concerned  in  whatever  I  may 
have  to  lay  before  you  during  the  Course  of  your  Session  I  flatter  myself  not  only  of  having  your 
assistance  in  points  of  such  Importance  to  this  Community,  but  that  it  will  be  granted  with 
Chearfulness,  Unanimity  and  Dispatch. 
New  York  18th  November  1767.  H :  MOORE. 


1624  Journal  of  the  Legislative  Council  of  New  York. 

Ordered,  that  his  Excellency's  Speech  be  printed. 

Mr  Cruger  then  moved  that  an  humble  Address  might  be  presented  to  his  Excellency  by  this 
House  in  Answer  to  his  Speech. 

Which  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  by  this  House  to  his  Excellency  accordingly. 

Ordered,  that  Mr  Morris,  Mr  Smith  junr  and  Mr  Cruger  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  lay  the  same  before  this 
House  on  Friday  next. 

The  Council  adjourned  till  Friday  next  at  11  o  clock  in  the  morning. 


Friday,  the  twentieth  day  of  November,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honobl6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READS, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Morris  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  be 
presented  by  this  House  to  his  Excellency  in  Answer  to  his  Speech  reported  that  the  Committee 
had  prepared  the  Draft  of  an  humble  Address  accordingly,  which  he  read  in  his  place,  and  then 
delivered  the  same  in  at  the  Table,  where  the  same  was  again  read,  and  being  agreed  to  was 

Ordered  to  be  engrossed. 

The  engrossed  Address  to  his  Excellency  was  read. 

Ordered,  that  the  Speaker  do  sign  the  said  Address  to  his  Excellency  in  behalf  of  this  House, 
who  having  signed  the  same  accordingly. 

Ordered,  that  Mr  Morris  and  Mr  Smith  junr  do  wait  on  his  Excellency  and  desire  to  know 
when  he  will  be  pleased  to  be  attended  by  this  House  with  their  Address. 

The  said  Gentlemen  being  returned  reported,  that  they  had  delivered  the  said  Message  to  his 
Excellency,  and  that  he  was  pleased  to  say  he  would  receive  the  Address  of  the  Council  on 
Monday  Morning  next  at  11  o'clock  in  the  Council  Chamber  in  Fort  George. 

The  Council  adjourned  untill  Monday  next  at  11  o  clock  in  the  morning. 


Monday,  the  twenty  third  day  of  November,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  DANIEL  HORSMANDEX,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  Junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and  with 

The  Council  went  to  Fort  George  to  present  the  humble  Address  of  this  House  to  his 
Excellency,  and  being  returned 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  Council  attended  his  Excellency  and  presented  to  him  the 
humble  Address  of  this  House,  his  Excellency  had  been  pleased  to  return  a  favourable  answer 
thereto,  which  he  delivered  in  at  the  Table,  and  the  same  being  read 

Ordered,  that  the  said  Address  and  his  Excellency's  Answer  thereto  be  entered  in  the  minutes 
which  are  as  follow 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1625 

To  His  Excellency  Sir  HENRY  MOORE  Baronet,  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  of  the  same. 

The  Humble  ADDRESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Excellency 

We  his  Majestys  most  dutiful  and  loyal  Subjects,  the  Council  of  the  Province  of  New  York, 
beg  leave  to  return  your  Excellency  our  hearty  Thanks  for  your  Speech. 

The  Mischiefs  of  an  uncertain  jurisdiction  are  so  obvious,  and  the  contested  Partition  between 
this  and  the  Province  of  the  Massachusets  Bay,  has  been  such  a  source  of  Distress  and  Confusion, 
that  the  ill  success  of  the  late  Negotiations  for  the  settlement  of  a  temporary  Line,  gives  us  a 
very  sensible  concern. 

Being  utterly  averse  to  the  continuance  of  the?e  tedious  destructive  animosities,  and  willing 
to  encourage  the  most  distant  hopes  of  a  friendly  accommodation  between  the  two  Provinces, 
we  are  ready  to  concur  with  your  Excellency  in  every  just  and  reasonable  measure  to  bring 
this  important  matter  to  a  desirable  Issue,  and  shall  exert  ourselves  to  prevent  all  Disorders 
that  may  be  either  detrimental  to  the  Subject  or  dishonourable  to  Government. 

Confiding  in  your  Zeal  for  his  Majesty's  service,  and  the  welfare  of  the  Province,  and  being 
ourselves  animated  with  the  same  laudable  Designs,  permit  us  to  assure  your  Excellency  of  our 
Chearful,  ready  and  unanimous  aid  in  the  Business  of  this  Session. 

By  order  of  the  Council 

Council  Chamber  New  York  DAN  HORSMANDEN,  Speaker. 

20th  November  1767. 

His  EXCELLENCY'S  Answer. 

Gentlemen  of  the  Council 

I  return  you  my  hearty  thank  for  this  Address,  and  for  your  readiness  in  concurring  with  me 
to  promote  his  Majesty's  Service,  and  the  Benefit  of  the  Province. 
New  York  23d  November  1767. 


Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 
The  Council  adjourned  till  Friday  the  fourth  day  of  Decetnbei 


December  next  at  11  o  clock  in  the 
morning. 


Friday,  the  fourth  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  Junr, 
HENRY  CRUGER,  Esqr". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Major  Lispenard  with  the  Bill 
Entituled  [An  Act  for  making  a  further  Provision  of  fifteen  hundred  pounds  for  furnishing  his 
Majesty's  Troops  quartered  in  this  Colony  with  necessaries]  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. 

A  Message  from  the  General  Assembly  by  Mr  Justice  Livingston  and  Col  Seaman  with  the 
Bill  entituled  [An  Act  to  declare  the  extension  of  several  Acts  of  Parliament  made  since  the 
Establishment  of  a  Legislation  in  this  Colony  and  not  declared  in  the  said  Acts  to  extend  to 
the  Plantations]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Kissain  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods,  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

204 


1626  Journal  of  the  Legislative  Council  of  New  York. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Schenck  with  the  Bill  entituled 
[An  Act  further  to  continue  An  Act  entituled  [An  Act  to  prevent  Frauds  in  the  sale  of  damaged 
Goods  imported  into  this  Colony]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col  Philipse  and  Mr  Boerum  with  the  Bill 
entituled,  [An  Act  to  continue  An  Act  entituled,  An  Act  for  making  Process  in  Courts  of 
Equity  effectual  against  Mortgagors,  who  abscond  and  cannot  be  served  therewith,  or  who 
refuse  to  appear]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Col  Haasbrouck  and  Captain  Seaman  with  the 
Bill  entituled  [An  Act  to  continue  An  Act  entitultd,  An  Act  to  regulate  the  Pilots,  and 
establish  their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York,  and  other  purposes 
therein  mentioned]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Bruyn  with  the  Bill 
entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  to  revive  An  Act  entituled,  An  Act 
to  prevent  the  bringing  in  and  spreading  infectious  Distempers  in  this  Colony  with  an  Addition 
thereto]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Miller  with  the  Bill  entituled 
[An  Act  further  to  continue  An  Act  entituled,  An  Act  to  lay  a  Duty  of  Tonage  on  Vessels  for 
defraying  the  expence  of  the  Light  House  on  Sandy  Hook]  desiring  the  concurrence  of  the 
Council  thereto. 

A  Message  from  the  General  Assembly  by  Major  Lispenard  and  Col  Livingston  with  the  Bill 
entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  regulating  the  Militia  of 
the  Colony  of  New  York]  desiring  the  concurrence  of  the  Council  thereto. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Saturday,  the  fifth  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PEESENT —  The  Honm  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Philip  Livingston  and  Col  Philipse  with  the 
Bill  entituled,  [An  Act  to  revive  An  Act  entituled,  An  Act  for  laying  an  Excise  on  all  Strong 
Liquors  retailed  in  this  Colony]  desiring  the  concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Bruyn  and  Mr  Ten  Broeck  with  the  Bill 
entituled  [An  Act  for  raising  the  sum  of  fifty  pounds  for  and  towards  the  finishing  of  a  Bridge 
over  the  Roundout  Creek  or  River,  at  or  near  Rosendal  in  the  County  of  Ulster]  desiring  the 
concurrence  of  the  Council  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Wisner  with  the  Bill  entituled 
[An  Act  further  to  continue  An  Act  entituled,  An  Act  for  the  more  equal  Taxation  of  Estates 
in  the  City  of  Albany]  desiring  the  concurrence  of  the  Council  thereto. 

The  Council  adjourned  till  Tuesday  next  at  11  o  clock  in  the  morning. 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1627 

Tuesday,  the  eighth  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honm  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  uutill  to  morrow  morning  11  o'clock. 

Wednesday,  the  ninth  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honm  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Friday  next  at  1 1  o  clock  in  the  morning. 

Friday,  the  eleventh  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoll>  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Tuesday  next  at  11  o  clock  in  the  Morning. 


1628  Journal  of  the  Legislative  Council  of  New  York. 


Tuesday,  the  fifteenth  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honm  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  EEADE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Thursday  next  at  11  o  clock  in  the  morning. 

Thursday,  the  seventeenth  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honm  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™- 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  making  a  further  Provision  of  fifteen  hundred  Pounds  for 
furnishing  his  Majesty's  Troops  quartered  in  this  Colony  with  Necessaries]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Friday  the  eighteenth  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honbl<>  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  at  11  o  clock. 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1629 

Saturday  the  nineteenth  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honbu  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  Junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  4  o  clock  in  the  afternoon. 

Saturday,  the  nineteenth  day  of  December,  1767.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honm  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  making  a  further  Provision  of  fifteen  hundred  pounds,  for  furnishing  his  Majesty's 
Troops  quartered  in  this  Colony  with  necessaries]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Council  adjourned  till  Monday  Morning  11  o  clock. 


1630  Journal  of  the  Legislative  Council  of  Neio  York.  [i 

Monday,  the  twenty  first  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PHESENT  —  The  Honbli  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  KEADE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General,  and  Governor  in  Chief  of  this 
Province  being  come  to  the  Council  Chamber  (the  Speaker  leaving  the  Chair)  his  Excellency 
sent  a  Message  by  the  Deputy  Secretary,  requiring  the  immediate  attendance  of  the  General 
Assembly  in  the  Council  Chamber  in  the  City  Hall. 

The  General  Assembly  attending  accordingly 

His  Excellency  the  Governor  in  the  presence  of  the  Council  and  the  General  Assembly  was 
pleased  to  give  his  Assent  to  the  following  Bill,  entituled, 

An  Act  for  making  a  further  Provision  of  fifteen  hundred  pounds,  for  furnishing  his  Majesty's 
Troops  quartered  in  this  Colony,  with  necessaries. 

After  which  the  said  Act  was  published  in  the  usual  manner,  and  the  Council  returning  to 
the  Council  Chamber 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  4  o  clock  in  the  afternoon. 


Monday,  the  twenty  first  day  of  December,  1767.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honm  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRT  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

Ordered,  that  the  following  Bills  brought  to  this  House  from  the  General  Assembly  on  the 
4th  Instant  be  now  read,  viz' 

The  Bill  entituled  [An  Act  to  declare  the  extension  of  several  Acts  of  Parliament,  made  since 
the  establishment  of  a  Legislation  in  this  Colony,  and  not  declared  in  the  said  Act  to  extend  to 
the  Plantations.] 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned.] 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  to  prevent  Frauds 
in  the  sale  of  damaged  Goods  imported  into  this  Colony.] 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  for  making  Process  in 
Courts  of  Equity  effectual  against  Mortgagors  who  abscond,  and  cannot  be  served  therewith, 
or  who  refuse  to  appear.] 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  to  regulate  the  Pilots  and 
establish  their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York,  and  other  purposes 
therein  mentioned.] 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  to  revive  An  Act  entituled, 
An  Act  to  prevent  the  bringing  in  and  spreading  infectious  Distempers  in  this  Colony,  with  an 
Addition  thereto.] 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  to  lay  a  Duty  of 
Tonage  on  Vessels  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook.] 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1631 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  regulating  the 
Militia  of  the  Colony  of  New  York.] 

Then  the  said  eight  Bills  were  severally  read  the  first  time  and 

Ordered  a  second  reading. 

Ordered,  that  the  following  Bills  brought  to  this  House  from  the  General  Assembly  on  the 
fifth  Instant,  be  now  read  viz* 

The  Bill  entituled  [An  Act  to  revive  An  Act  entituled,  An  Act  for  laying  an  Excise  on  all 
Strong  Liquors  retailed  in  this  Colony.] 

The  Bill  entituled  [An  Act  for  raising  the  sum  of  fifty  pounds  for  and  towards  the  finishing 
of  a  Bridge  over  the  Roundout  Creek  or  River  at  or  near  Rosendal  in  the  County  of  Ulster]  and 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  the  more  equal 
Taxation  of  Estates  in  the  City  of  Albany.] 

Then  the  said  three  Bills  were  read  the  first  time  and 

Ordered  a  second  reading. 

Mr  Watts  moved  that  a  Bill  which  he  held  in  his  hand,  entituled  [An  Act  for  repealing  the 
several  Acts  therein  mentioned,  relating  to  Insolvent  Debtors]  might  be  read,  and  leave  being 
given  accordingly, 

The  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

Mr  Smith  jun'r  moved  that  a  Bill  which  he  held  in  his  hand,  entituled  [An  Act  for  the  better 
determination  of  personal  Actions  depending  upon  accounts]  might  be  read,  and  leave  being 
given  accordingly 

The  said  Bill  was  read  the  first  time,  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Tuesday,  the  twenty  second  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonUa  JOHN  WATTS,  Esqr,  Speaker, 

JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  repealing  the  several  Acts  therein  mentioned  relating  to 
Insolvent  Debtors]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  better  determination  of  Personal  Actions  depending  upon 
accounts]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  declare  the  Extension  of  several  Acts  of  Parliament  made  since 
the  Establishment  of  a  Legislation  in  this  Colony,  and  not  declared  in  the  said  Act  to  extend 
to  the  Plantations]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods,  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without  any  amendment. 


1632  Journal  of the  Legislative  Council  of  New  York. 

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

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  to  prevent  Frauds 
in  the  sale  of  damaged  Goods  imported  into  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  for  making  Process  in 
Courts  of  Equity  effectual  against  Mortgagors,  who  abscond,  and  cannot  be  served  therewith, 
or  who  refuse  to  appear]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered   a  third  reading. 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  to  regulate  the  Pilots  and 
establish  their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York,  and  other  purposes 
therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  to  revive  An  Act  entituled, 
An  Act  to  prevent  the  bringing  in  and  spreading  infectious  Distempers  in  this  Colony,  with  an 
Addition  thereto]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  to  lay  a  Duty  of 
Tonage  on  Vessels  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook]  was  read 
the  second  time,  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  fur  regulating  the 
Militia  of  the  Colony  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1633 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  revive  An  Act  entituled,  An  Act  for  laying  an  Excise  on  all 
Strong  Liquors  retailed  in  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  [a  Committee]  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  for  raising  the  sum  of  Fifty  Pounds  for  and  towards  finishing  a 
Bridge  over  the  Roundout  Creek  or  River  at  or  near  Rosendal  in  the  County  of  Ulster]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  the  more  equal 
Taxation  of  Estates  in  the  City  of  Albany]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third   reading. 

The  Council  adjourned  till  to  morrow  morning  11  o'clock. 


Wednesday,  tlie  twenty  third  day  of  December,  1767 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  declare  the  Extension  of  several  Acts  of  Parliament  made 
since  the  Establishment  of  a  Legislation  in  this  Colony,  and  not  declared  in  the  said  Acts  to 
extend  to  the  Plantations]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  third  time  and 
205 


1634  Journal  of  the  Legislative  Council  of  New  York.  [mhEkS 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  furiher  to  continue  An  Act  entituled,  An  Act  to  prevent  Frauds 
in  the  sale  of  damaged  Goods  imported  into  this  Colony]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  for  making  Process  in 
Courts  of  Equity  effectual  against  Mortgagors  who  abscond  and  cannot  be  served  therewith,  or 
who  refuse  to  appear]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  junr  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled,  An  Act  to  regulate  the  Pilots  and 
establish  their  Pilotage  between  Sandy  Hook  and  the  Port  of  New  York,  and  other  purposes 
therein  mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  continue  An  Act  enfcituled,  An  Act  to  revive  An  Act  entituled, 
An  Act  to  prevent  the  bringing  in  and  spreading  infectious  Distempers  in  this  Colony  with  an 
Addition  thereto]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  to  lay  a  Duty  of 
Tonage  on  Vessells  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook]  was  read 
the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  regulating  the 
Militia  of  the  Colony  of  New  York]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  amendment. 

The  Bill  entituled  [An  Act  to  revive  An  Act  entituled  An  Act  for  laying  an  Excise  on  all 
Strong  Liquors  retailed  in  this  Colony  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved, that  he  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  for  raising  the  sum  of  Fifty  pounds  for  and  towards  the  finishing 
of  a  Bridge  over  the  Roundout  Creek  or  River,  at  or  near  Rosendal  in  the  County  of  Ulster] 
was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  the  more 
equal  Taxation  of  Estates  in  the  City  of  Albany]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  three  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Boerum  with  the  Bill 
entituled  [An  Act  to  prevent  the  destruction  of  Deer  by  Bloodhounds  or  Beagles  in  the 
Counties  of  Albany,  Ulster  and  Orange]  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. 

A  Message  from  the  General  Assembly  by  Mr  Miller  and  Mr  Kissam  with  the  Bill  entituled 
[An  Act  for  the  raising  a  sum  not  exceeding  the  sum  of  three  hundred  pounds  for  repairing  and 
amending  the  County  Hall  and  Goal  in  Suffolk  County]  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. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Col  Livingston  with  the  Bill 
entituled  [An  Act  to  empower  the  Freeholders  of  the  Towns  of  Hempstead  and  Oysterbay  in 

i 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1635 

Queens  County,  to  make  prudential  orders  for  the  better  regulating  the  parting  their  sheep 
feeding  on  the  great  Plains,  and  to  sell  such  stray  Sheep  as  shall  be  left  at  such  time  of  parting] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Justice  Livingston  and  Mr  Miller  acquainting 
the  Council  that  the  General  Assembly  have  appointed  Mr  Cruger,  Mr  Philip  Livingston,  Mr 
Lispenard,  Mr  Bayard,  Mr  Holland  and  Col  Livingston,  or  the  major  part  of  them,  a  committee 
to  enquire  into  the  contents  of  a  certain  Pamphlet  entituled,  "The  Conduct  of  Cadwallader 
Golden  Esqr  Lieutenant  Governor  of  New  York,  relating  to  the  Judges  Commissions — Appeals 
to  the  King — and  the  Stamp  Duty,"  highly  reflecting  on  the  Honour,  Justice  and  Dignity  of 
his  Majesty's  Council,  the  General  Assembly  and  the  Judges  of  the  Supreme  Court  of  this 
Colony,  and  that  the  General  Assembly  desire  the  Council  will  be  pleased  to  appoint  a 
Committee  of  their  House,  to  meet  and  join  the  Committee  appointed  by  the  General 
Assembly,  for  the  purpose  of  making  the  aforesaid  Enquiry,  at  such  time  and  place  as  the 
Council  shall  think  proper. 

And  the  said  Message  being  taken  into  consideration 

Resolved,  that  Mr  Watts,  Mr  Morris  and  Mr  Smith  junr  be  and  they  are  hereby  appointed  a 
Committee  to  join  the  Committee  of  the  General  Assembly  for  the  purpose  mentioned  in  the 
said  Message  from  that  House. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  appointed 
Mr  Watts,  Mr  Morris  and  Mp  Smith  junr  a  Committee,  to  join  the  Committee  appointed  by  the 
General  Assembly  to  enquire  into  the  contents  of  a  certain  Pamphlet  entituled  "The  Conduct 
of  Cadwallader  Golden  Esqr  Lieutenant  Governor  of  New  York,  relating  to  the  Judges 
Commissions  —  Appeals  to  the  King — and  the  Stamp  Duty;"  And  that  this  House  have 
appointed  that  the  said  joint  Committee  do  meet  for  that  purpose  to  morrow  evening  at  the 
House  of  George  Burns  in  this  City. 

The  Council  adjourned  till  to  morrow  morning  11  o'clock. 


Thursday,  the  twenty  fourth  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honlla  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Boerum  with  the  Bill  entituled, 
[An  Act  to  empower  Sr  William  Baker  Knight,  and  Robert  Charles  Esq",  to  pay  for  the  Statues 
of  his  Majesty  and  the  Rl  Hono')le  William  Pitt  Esqr  now  Lord  Chatham,  and  also  for  a  peice 
of  Plate  to  be  presented  to  John  Sargent  Esqr]  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. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Mr  Bruyn  with  the  Bill  entituled, 
[An  Act  to  continue  An  Act  entituled,  An  Act  for  the  better  laying  out,  regulating  and  keeping 
in  Repair  common  and  publick  Highways  in  Richmond  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  Philip  Livingston  and  Mr  Holland  with  the  Bill 
entituled,  [An  Act  to  enlarge  the  time  for  the  Constables  of  the  City  of  New  York,  who  shall 
be  Collectors  of  the  Taxes,  to  pay  in  the  Taxes  to  be  raised  in  the  said  City,  and  for  the  more 
effectual  collecting  in  the  Taxes  already  assessed]  desiring  the  concurrence  of  the  Council 
thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 


1636  Journal  of  the  Legislative  Council  of  New  York. 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Bruyn  with  the  Bill  entituled, 
[An  Act  to  empower  the  Mayor,  Recorder  and  Aldermen  of  the  City  of  New  York,  or  the 
major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  pounds  for  the 
uses  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,  and 

Ordered  a  second  reading. 

The  Bill  entituled,  [An  Act  to  prevent  the  destruction  of  Deer  by  Blood  Hounds  or  Beagles 
in  the  Counties  of  Albany  Ulster  and  Orange]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  for  the  raising  a  sum  not  exceeding  the  sum  of  three  hundred 
pounds  for  repairing  and  amending  the  County  Hall  and  Goal  in  Suffolk  County]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  empower  the  Freeholders  of  the  Towns  of  Hempstead  and 
Oysterbay  in  Queens  County  to  make  prudential  Orders  for  the  better  regulating  the  parting  of 
their  Sheep,  feeding  on  the  great  Plains,  and  to  sell  such  stray  Sheep  as  shall  be  left  at  such 
time  of  parting]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Walton  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

Mr  Smith  jun.  moved  that  a  Bill  which  he  held  in  his  Hand  entituled  [An  Act  for  the  Relief 
and  Regulation  of  Sherifs  and  the  better  securing  Prisoners]  might  be  read,  and  Leave  being 
given  accordingly 

The  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

Mr  De  Lancey  moved  that  a  Bill  which  he  held  in  his  Hand  entituled  [An  Act  to  prevent  the 
Imprisonment  of  Poor  Debtors]  might  be  read,  and  Leave  being  given  accordingly, 

The  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  repealing  the  several  Acts  therein  mentioned  relating  to  Insolvent  Debtors]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  several  amendments  thereto  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  being  agreed  to, 

Ordered,  that  the  Bill  be  Engrossed. 

The  Speaker  left  the  Chair  and 

Tiie  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  better  Determination  of  Personal  Actions  depending  upon  Accounts]  and  after  some 
time  epent  therein, 

The  Speaker  resumed  the  Chair  and 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1637 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  several  amendments  thereto,  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  being  agreed  to, 

Ordcrtd,  that  the  Bill  be  engrossed. 

His  Excellency  Sir  Henry  Moore  Baronet  Cnptain  General  and  Governor  in  Chief  of  this 
Province,  being  come  to  the  Council  Chamber  (the  Speaker  leaving  the  Chair)  his  Excellency 
sent  a  Message  by  the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General 
Assembly  in  the  Council  Chamber  in  the  City  Hall. 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  the  Council  and  General  Assembly,  was 
pleased  to  give  his  Assent  to  Eleven  Bills  the  Titles  whereof  are  as  follow. 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  to  revive  An  Act  entituled^An  Act  for  laying  an  Excise  on  all  Strong  Liquors  retailed 
in  this  Colony. 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  regulating  the  Militia  of  the  Colony 
of  New  York. 

An  Act  to  declare  the  Extension  of  several  Acts  of  Parliament,  made  since  the  Establishment 
of  a  Legislation  in  this  Colony,  and  not  declared  in  the  said  Acts  to  extend  to  the  Plantations. 

An  Act  further  to  continue  An  Act  entituled  An  Act  to  lay  a  Duty  of  Tonage  on  Vessels  for 
defraying  the  Expence  of  the  Light  House  on  Sandy  Hook. 

An  Act  to  continue  An  Act  entituled  An  Act  for  making  Process  in  Courts  of  Equity  effectual 
against  Mortgagors  who  abscond  and  cannot  be  served  therewith  or  who  refuse  to  appear. 

An  Act  to  continue  An  Act  entituled  An  Act  to  regulate  the  Pilots  and  establish  their 
Pilotage  between  Sandy  Hook  and  the  Port  of  New  York  and  other  Purposes  therein  mentioned. 

An  Act  further  to  continue  An  Act  entituled  An  Act  to  prevent  Frauds  in  the  sale  of  damaged 
Goods  imported  into  this  Colony. 

An  Act  to  continue  An  Act  entituled  An  Act  to  revive  an  Act  entituled  An  Act  to  prevent 
the  bringing  in  and  spreading  infectious  Distempers  in  this  Colony  with  an  Addition  thereto. 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  the  more  equal  Taxation  of  Estates 
in  the  City  of  Albany. 

An  Act  for  raising  the  sum  of  fifty  Pounds  for  and  towards  the  finishing  of  a  Bridge  over  the 
Roundout  Creek  or  River  at  or  near  Rosendal  in  the  County  of  Ulster. 

After  which  the  said  eleven  Acts  were  published  in  the  usual  Manner,  and  the  Council 
returning  to  the  Council  Chamber 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Monday  Morning  11  o  Clock. 


Monday,  the  twenty  eighth  day  of  December,  1767. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  H<mUe  DANIEL  HORSMANDEN,  Esq  :  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH,  Junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Smith  junr  moved  that  a  Bill  which  he  held  in  his  hand  entituled  [An  Act  to  releive  the 
Cities  and  Counties  of  this  Colony  by  the  speedy  Tryal  of  petty  Offenders]  might  be  read,  and 
leave  being  given  accordingly 

The  said  Bill  was  read  the  first  time,  and 

Ordered  a  second  reading. 

The  Engrossed  Bill  Entituled  [An  Act  for  repealing  the  several  Acts  therein  mentioned 
relating  to  Insolvent  Debtors]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 


1638  Journal  of  the  Legislative  Council  of  New  York.  GSh&JSS1 

Ordered,  that  Mr  Watts  do  carry  the  Bill  to  the  General  Assembly  and  desire  their  Concurrence 
thereto. 

The  Engrossed  Bill  Entituled  [An  Act  for  the  better  Determination  of  personal  Actions 
depending  upon  Accounts]  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  for  the  Relief  and  Regulation  of  Sherifs  and  the  better  securing 
Prisoners]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House,  in  his  place  Reported  that  the 
Committee  had  gone  through  the  said  Bill,  &  made  several  Amendments  thereto,  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  being  agreed  to 

Ordered,  that  the  Bill  be  engrossed. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  for  the  better  laying  out 
regulating  and  keeping  in  Repair  common  and  publick  Highways  in  Richmond  County]  was 
read  the  second  time  and 

Ordered,  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  or  the  Major  part  of  them  to  order  the  raising  a  sum  not  exceeding  Fourteen  hundred 
Pounds  for  the  uses  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  enlarge  the  time  for  the  Constables  of  the  City  of  New  York 
who  shall  be  Collectors  of  the  Taxes  to  pay  in  the  Taxes  to  be  raised  in  the  said  City,  and  for 
the  more  effectual  collecting  in  the  Taxes  already  assessed]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  prevent  the  Destruction  of  Deer  by  Blood  Hounds  or  Beagles 
in  the  Counties  of  Albany,  Ulster  &  Orange]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  Pass. 

The  Bill  Entituled  [An  Act  for  the  raising  a  sum  not  exceeding  the  sum  of  three  hundred 
Pounds  for  repairing  and  amending  the  County  Hall  and  Goal  in  Suffolk  County]  was  read  the 
third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  Pass. 

The  Bill  Entituled  [An  Act  to  empower  the  Freeholders  of  the  Towns  of  Hempstead  and 
Oysterbay  in  Queens  County,  to  make  prudential  Orders  for  the  better  regulating  the  parting 
their  Sheep  feeding  on  the  Great  Plains;  and  to  sell  such  Stray  Sheep  as  shall  be  left  at  such 
time  of  Parting]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  Pass. 

Ordered,  that  Mr  Smith  junr  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  three  last  mentioned  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  prevent  the  Imprisonment  of  poor  Debtors]  was  read  the 
second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1639 

Tuesday,  the  twenty  ninth  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honbu  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Engrossed  Bill  Entituled  [An  Act  for  the  Relief  and  Regulation  of  Sherifs  and  the  better 
securing  of  Prisoners]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  Bill  do  Pass. 

Ordered,  that  Mr  Morris  do  carry  the  Bill  to  the  General  Assembly  and  desire  their  Concurrence 
thereto. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  prevent  the  Imprisonment  of  poor  Debtors]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  several  Amendments  thereto,  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  being  agreed  to 

Ordered,  that  the  Bill  he  engrossed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  entituled  An  Act  for  the  better  laving  out  regulating  and  keeping  in 
Repair  common  and  publick  Highways  in  Richmond  County]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  arid 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enlarge  the  Time  for  the  Constables  of  the  City  of  New  York  who  shall  be  Collectors  of 
the  Taxes  to  pay  in  the  Taxes  to  be  raised  in  the  said  City  and  for  the  more  effectual  collecting 
in  the  Taxes  already  assessed]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the  Miijor  part 
of  them,  to  order  the  raising  a  Sum  not  exceeding  the  sum  of  fourteen  hundred  Pounds,  for  the 
uses  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 
Ordered,  that  the  said  Bill  be  read  the  third  time. 


1640  Journal  of  the  Legislative  Council  of  New  York.  [iath  ie"°™ 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  Amendment 

The  engrossed  Bill  Entituled  [An  Act  to  prevent  the  Imprisonment  of  poor  Debtors]  was 
read  the  third  time 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Apthorpe  do  carry  the  said  Bill  to  the  General  Assembly  and  desire  their 
Concurrence  thereto. 

The  Bill  Entituled  [An  Act  to  relieve  the  Cities  and  Counties  of  this  Colony  by  the  speedy 
Tryal  of  petty  Offenders]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  thirtieth  Day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honbl6  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENKY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Commee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  releive  the  Cities  and  Counties  of  this  Colony  by  the  speedy  Tryal  of  petty  Offenders] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  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  &  approved  of  and  the  Bill 

Ordered  to  be  Engrossed. 

The  Engrossed  Bill  Entituled  [An  Act  to  releive  the  Cities  and  Counties  of  this  Colony  by 
the  speedy  Tryal  of  petty  Offenders]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  carry  the  Bill  to  the  General  Assembly  and  desire  their 
Concurrence  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Schenck  and  Col  Haring  with  the  Bill  Entituled 
[An  Act  authorizing  certain  Persons  therein  named  to  settle  the  Line  of  Division  between  the 
Counties  of  Kings  and  Queens  County  as  far  as  the  Townships  of  Bushwick  and  New  Town 
extend]  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. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony 
from  the  first  day  of  January  One  thousand  seven  hundred  and  sixty  eight  to  the  first  day  of 
January  One  thousand  seven  hundred  and  sixty  Nine  inclusive]  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. 

Mr  Watts  from  the  Committee  of  the  Council,  appointed  to  meet  and  join  a  Committee  of  the 
General  Assembly  to  inquire  into  the  Contents  of  a  Certain  Pamphlet  entituled  "  The  Conduct 
of  Cadwallader  Golden  Esqr  Lieutenant  Governor  of  New  York  relating  to  the  Judges 
Commissions — Appeals  to  the  King;  and  the  Stamp  Duty,"  Reported 


1767.]  Sir  Henry  Moore,  Baronet,  Governor.  1641 

THAT  on  Monday  the  twenty  eighth  Instant,  they  were  joined  by  W  Cruger,  Mr  Philip 
Livingston,  Mr  Lispenard,  Mr  Bayard,  Mr  Holland  and  Col  Livingston  of  the  Committee  of  the 
General  Assembly. 

That  the  joint  Committee  then  proceeded  to  an  Enquiry  into  the  Contents  of  the  said 
Pamphlet,  and  were  of  opinion  that  it  not  only  highly  reflects  upon  the  Honour,  Justice  and 
Dignity  of  his  Majesty's  Council,  the  General  Assembly  and  the  Judges  of  the  Supreme  Court, 
but  contains  the  most  malignant  aspersions  upon  the  Inhabitants  of  this  Colony  in  General. 

That  it  tends  to  destroy  the  Confidence  of  the  People  in  two  of  the  Branches  of  the 
Legislature,  and  the  Officers  concerned  in  the  due  Administration  of  Justice,  to  render  the 
Government  odious  and  Contemptible,  to  abate  that  due  Respect  to  Authority  so  necessary  to 
peace  and  good  order,  to  excite  disadvantageous  Suspicions  and  Jealousies  in  the  minds  of  the 
People  of  Great  Britain  against  his  Majesty's  Subjects  in  this  Colony,  and  to  expose  the  Colony 
in  General  to  the  Resentments  of  the  Crown  and  both  Houses  of  Parliament. 

That  immediate  and  effectual  measures  ought  to  be  taken,  to  defeat  the  malicious 
designs  of  the  Author  and  Publisher  of  the  Pamphlet,  by  a  Detection  of  its  Falsehoods  and 
Misrepresentations,  and  a  full  Clear  and  Just  Vindication  of  the  Colony  and  Government  from 
the  injurious  Calumnies  therein  contained. 

That  it  seems  expedient  to  the  joint  Committee  of  both  Houses,  that  the  General  Assembly 
appoint  a  Committee  of  their  House,  to  examine  and  report  the  unjust  Charges,  with  an  ample 
and  satisfactory  Refutation,  to  discover  the  Author  and  Publisher,  and  declare  what  they 
Conceive  to  be  the  most  prudent  and  effectual  measures  for  applying  a  Suitable  Punishment, 
and  deterring  others  from  so  iniquitous  and  dangerous  an  Offence. 

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

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  thirty  first  day  of  December,  1767. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON. 
OLIVER  DE  LANCEY, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  authorizing  certain  Persons  therein  named  to  settle  the  Line 
of  division  between  the  Counties  of  Kings  and  Queens  County  as  far  as  the  Townships  of 
Bushwick  and  New  Town  extend]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  Reading. 

The  Bill  Entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  eight  to  the 
first  day  of  January  one  thousand  seven  hundred  and  sixty  nine  inclusive]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading 
206 


1642  Journal  of  the  Legislative  Council  of  New  York.  [islhsd™1 

A  Message  from  the  General  Assembly  by  Capt  Seaman  and  MrSchenck  with  the  Bill  Entituled 
[An  Act  for  the  better  regulating  and  further  laying  out  Highways  in  Queens  County  and  for 
repealing  an  Act  and  part  of  an  Act  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  and 

Ordired  a  second  Reading. 

Mr  Watts  moved  that  a  Bill  which  he  held  in  his  Hand  entituled  [An  Act  to  prevent  the 
default  of  Justices  of  the  peace  Grand  and  Petit  Jurors  and  Constables]  might  be  read  and 
Leave  being  given  accordingly, 

The  said  Bill  was  read  the  first  time,  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  Monday  Morning  11  o  Clock. 


Monday,  the  fourth  Day  of  January,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Ho?ilte  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  the  better  regulating  and  further  laying  out  Highways  in 
Queens  County  and  for  repealing  An  Act  and  part  of  An  Act  therein  mentioned]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  prevent  the  defaults  of  Justices  of  the  peace  Grand  and  Petit 
Jurors  and  Constables]  was  read  the  second  time  and 

Ordered,  to  be  committed. 

The  Bill  Entituled  [An  Act  to  empower  Sir  William  Baker  Knight  and  Robert  Charles  Esqr,  to 
pay  for  the  Statues  of  his  Majesty  and  the  Rl.  Honourable  William  Pitt  Esqr  now  Lord  Chatham 
and  also  for  a  peice  of  Plate  to  be  presented  to  John  Sargent  Esqr]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o'Clock. 


Tuesday,  the  fifth  day  of  January,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honl!e  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRCGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col.  Livingston  and  Mr  Kissam  with  the  Engrossed 

I  from  this  House  entituled  [An  Act  to  relieve  the  Cities  and  Counties  of  this  Colony  by  the 

speedy  Tryal  of  petty  offenders]  and  an  Amendment  made  thereto  by  the  General  Assembly 

aequamtmg  this  House  that  the  General  Assembly  have  passed  the  Bill  with  the  said  amendment 

to  which  they  desire  the  concurrence  of  this  House. 

And  the  Amendment  to  the  said  Bill  being  read, 

Rcaolvid,  that  this  House  do  agree  to  the  said  Amendment. 

Ordered,  that  the  said  Bill  be  amended. 


f  TiheVSe  ^  BU!  Wr^  amended  by  incerting  between  the  words  mm,  and  be  in  the  22"  Line 
ill,  the  words  [Except  in  such  cases  where  the  Benefit  of  the  Clergy  is  taken  away] 


1768.]  Sir  Henry  Moore,  Bcaronet,  Governor.  1643 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  this  House  have  agreed  to 
the  amendment  to  the  said  Bill,  and  have  amended  the  Bill  accordingly. 

A  Message  from  the  General  Assembly  by  Mr  Justice  Livingston  and  Mr  Thomas  with  the 
engrossed  13111  from  this  House  entituled  [An  Act  for  repealing  the  several  Acts  therein 
mentioned  relating  to  Insolvent  Debtors]  acquainting  this  House  that  the  General  Assembly 
have  passed  the  said  Bill  without  any  amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  prevent  the  Defaults  of  Justices  of  the  Peace,  Grand  and  Petit  Jurors,  and  Constables] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Committee  had  gone  through  the  said  Bill,  and  made  several  amendments  thereto,  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  being  agreed  to 

Ordered,  that  the  said  Bill  be  engrossed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  iiself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  empower  Sir  William  Baker  Knight  and  Robert  Charles  Esqr  to  pay  for  the  Statues  of 
his  Majesty  and  the  R'  Honohle  William  Pitt  Esqr  now  Lord  Chatham,  and  also  for  a  peice  of 
Plate  to  be  presented  to  John  Sargent  Esqr]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House,  in  his  place  reported  that  the 
Commitee  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  the  Bill 

Ordered  a  third  reading. 

The  engrossed  Bill  entituled  [An  Act  to  prevent  the  Defaults  of  Justices  of  the  Peace, 
Grand  and  Petit  Jurors  and  Constables]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mp  Watts  do  carry  the  Bill  to  the  General  Assembly,  and  desire  their 
concurrence  thereto. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Major  Lispenard  with  the  Bill 
entituled  [An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  the  Government, 
and  of  other  services,  and  for  the  better  securing  the  publick  Funds  of  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. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Col  Seaman  with  the  Bill  entituled 
[An  Act  for  chusing  Constables  in  Kings  Queens  and  Richmond  Counties,  Collectors  in  the 
Towns  of  Oysterbay  and  Hempstead,  and  to  fix  the  Places  for  the  Election  of  Town  Officers 
in  Richmond]  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  till  to  morrow  morning  11  o  clock. 


Wednesday,  the.  sixth  day  of  January,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honl!e  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  the  payment  of  the  Salaries  of  the  Several  Officers  of  the 
Government,  and  of  other  services,  and  for  the  better  securing  the  publick  Funds  of  this  Cobny] 
was  read  the  second  time  and 


1644  Journal  of  the  Legislative  Council  of  New  York. 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

Th  House  resolved  itself  into  a  committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  for  chusing  constables  in  Kings  Queens  and  Richmond  Counties, 
Collectors  in  the  Towns  of  Oysterbay  and  Hempstead,  and  to  fix  the  Places  for  the  Election  of 
Town  Officers  in  Richmond]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  Whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junr  from  the  Committee  of  the  Whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  Friday  morning  11  o  clock. 


Friday,  the  eighth  day  of  January,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hon11"  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGEE,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  the  payment  of  the  salaries  of  the  several  Officers  of  the 
Government,  and  of  other  services,  and  for  the  better  securing  the  publick  Funds  of  this 
Colony]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  for  chusing  Constables  in  Kings  Queens  and  Richmond  Counties  ; 
Collectors  in  the  Towns  of  Oysterbay  and  Hempstead,  and  to  fix  the  Places  for  the  Elections 
of  Town  Officers  in  Richmond]  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Boeruin  with  the  Bill  Entituled 
[An  Act  to  appoint  an  Inspector  of  Hemp  in  the  County  of  Westchester]  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. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Schenck  with  the  Bill  Entituled 
[An  Act  for  raising  a  sum  not  exceeding  the  sum  of  two  hundred  and  fifty  Pounds  for  repairing 
the  old  or  building  a  new  Goal  in  Richmond  County]  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  till  Tuesday  Morning  11  o  Clock. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1645 

Tuesday,  the  twelfth  day  of  January,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  appoint  an  Inspector  of  Hemp  in  the  County  of  WestchesterJ 
was  read  rhe  second  time  & 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  raising  a  sum  not  exceeding  the  sum  of  two  hundred  and  fifty 
Pounds  for  repairing  the  old  or  building  a  new  Goal  in  Richmond  County]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  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  &  approved  of,  and  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  thirteenth  day  of  January,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honm  OLIVER  DE  LANCET,  Esqr,  Speaker, 

CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  authorizing  certain  Persons  therein  named  to  settle  the  Line  of 
Division  between  the  Counties  of  Kings  and  Queens  County,  as  far  as  the  Townships  of 
Bushwick  and  New  Town  extend]  was  read  the  third  time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  without  any  amendment. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  of  this 
Province,  being  come  to  the  Council  Chamber,  (the  Speaker  leaving  the  Chair)  his  Excellency 
sent  a  Message  by  the  Deputy  Secretary,  requiring  the  immediate  attendance  of  the  General 
Assembly  in  the  Council  Chamber  in  the  City  Hall. 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  the  Council  and  the  General  Assembly,  was 
pleased  to  give  his  assent  to  Ten  Bills,  the  Titles  whereof  are  as  follow  viz' 

An  Act  for  the  Payment  of  the  salaries  of  the  several  Officers  of  the  Government,  and  of 
other  Services,  and  for  the  better  securing  the  publick  Funds  of  this  Colony. 

An  Act  to  relieve  the  Cities  and  Counties  of  this  Colony  by  the  speedy  Tryal  of  Petty 
offenders. 


1646  Journal  of  the  Legislative  Council  of  New  York.  [S£488'T' 

An  Act  to  empower  the  Mayor  Recorder  anil  Aldermen  of  the  City  of  New  York,  or  the 
M-ijor  part  of  them,  to  order  the  raising  a  sum  not  exceeding  fourteen  hundred  Pounds  for  the 
uses  therein  mentioned. 

An  Act  to  enlarge  the  Time  for  the  Constables  of  the  City  of  New  York,  who  shall  be 
Collectors  of  the  Taxes  to  pay  in  the  Taxes  to  be  raised  in  the  said  City;  and  for  the  more 
effectual  collecting  in  the  Taxes  already  assessed. 

An  Act  to  prevent  the  Destruction  of  Deer  by  Bloodhounds  or  Beagles  in  the  Counties  of 
Albany,  Ulster  and  Orange. 

An  Act  for  chusing  Constables  in  Kings  Queens  and  Richmond  Counties;  Collectors  in  the 
Towns  of  Oysterbay  and  Hempstead,  and  to  fix  the  Places  for  the  Election  of  Town  Officers  in 
Richmond. 

An  Act  for  the  raising  a  sum  not  exeeding  the  sum  of  three  hundred  Pounds,  for  repairing 
and  amending  the  County  Hall  and  Goal  in  Suffolk  County. 

An  Act  to  continue  An  Act  entituled  An  Act  for  the  better  laying  out  regulating  and  keeping 
in  Repair  Common  and  publick  Highways  in  Richmond  County. 

An  Act  to  empower  the  Freeholders  of  the  towns  of  Hempstead  and  Oysterbay  in  Queens 
County,  to  make  prudential  Orders  for  the  better  regulating  the  parting  their  sheep  feeding  on 
the  Great  Plains,  and  to  sell  such  stray  sheep  as  shall  be  left  at  such  Time  of  Parting. 

An  Act  authorizing  certain  Persons  therein  mentioned  to  settle  the  Line  of  Division  between 
the  Counties  of  Kings  and  Queens  County,  as  far  as  the  Townships  of  Bushwick  and  Newtown 
extend. 

After  which  the  said  Acts  were  published  in  the  usual  Manner  and  the  Council  returning  to 
the  Council  Chamber. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Friday  Morning  11  o'Clock. 


Friday,  the  fifteenth  day  of  January,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT —  TheHonule  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  Haring  and  Col  Seaman  with  the  Bill  entituled 
[An  Act  for  naturalizing  Sylvester  Springer,  Johan  Wilhelm  Ditz,  Johannis  Krots,  Johannis 
Bartel  Volch,  Juhn  Christian  Ringlarid,  Thomas  Kleynman,  Aaron  De  Young,  Daniel  Collin, 
Isaac  Moses,  Henry  Andrew  Francken,  and  Alexander  Diarce]  desiring  the  concurrence  of  the 
Council  thereto. 

Oiderctl,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  Entituled  [An  Act  for  raising  a  sum  not  exceeding  the  sum  of  two  hundred  and 
fifty  Pounds  for  repairing  the  old  or  building  a  New  Goal  in  Richmond  County]  was 

Read  the  third  time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Council  adjourned  till  Monday  Morning  11  o  Clock. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1647 

Monday,  the  eighteenth  day  of  January,  1768. 

The  Council  met  according  to  adjournment. 
PRESENT — The  Honlle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  naturalizing  Sylvester  Springer,  Johan  Willielm  Ditz, 
Johannis  Krots,  Johannis  Barrel  Volck,  John  Christian  Ringland,  Thomas  Kleynman,  Aaron 
De  Young,  Daniel  Collin,  Isaac  Moses,  Henry  Andrew  Francken,  and  Alexander  Diarce]  was 
read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  lime  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  Thursday  Morning  11  o  Clock. 


Thursday,  the  twenty  first  day  of  January,  1768. 

The  Council  met  according  to  adjournment. 
PRESENT — Tiic  Honllt  JOHN  WATTS,  Esqr,  Speaker, 

WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Cruger  and  Mr  Holland  with  the  Bill  Entituled 
[An  Act  to  make  valid  and  render  effectual  An  Act  entituled  An  Act  to  empower  the  Mayor 
Recorder  and  Aldermen  of  the  City  of  New  York  or  the  major  part  of  them  to  order  the 
raising  a  sum  not  exceeding  fourteen  hundred  Poundsfor  the  uses  therein  mentioned  passed  in 
this  present  session  of  General  Assembly.] 

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  to  Morrow  Morning  1.1  o  Clock. 


Friday,  the  twenty  second  day  of  January,  1768. 

The  Council  met  according  to  adjournment. 
PRESENT  —  The  HonUe  WILLIAM  WALTON,  Esqr,  Speaker, 

JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Boerum  with  the  Bill  entituled 
[An  Act  directing  the  Executors  named  in  the  last  Will  and  Testament  of  Abraham  De  Peyster 


1648  Journal  of  the  Legislative  Council  of  New  York.  [u 

Esqr  deceased,  late  Treasurer  of  this  Colony,  and  Frederick  De  Peyster  Esqr  to  deliver  all 
publick  monies  in  their  hands,  to  the  present  Treasurer  of  this  Colony,  aud  for  other  purposes 
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  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  Tuesday  next  at  11  o  clock  in  the  morning. 


Tuesday,  the  twenty  sixth  day  of  January,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hon116  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
EOGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  make  valid  and  render  effectual  An  Act  entituled,  An  Act  to 
empower  the  Mayor,  Recorder  and  Aldermen  of  the  City  of  New  York,  or  the  major  part  of 
them,  to  order  the  raising  a  sum  not  exceeding  the  sum  of  fourteen  hundred  pounds  for  the  uses 
therein  mentioned.  Passed  in  this  present  Session  of  General  Assembly]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  directing  the  Executors  named  in  the  last  Will  and  Testament  of 
Abraham  De  Peyster  Esqr  deceased,  late  Treasurer  of  this  Colony  and  Frederick  De  Peyster 
Esqr,  to  deliver  all  publick  Monies  in  their  hands  to  the  present  Treasurer  of  this  Colony,  and 
for  other  purposes  therein  mentioned]  was  read  the  second  time  aud 

Ordered  to  be  committed. 

The  Council  adjourned  till  Thursday  morning  11  o'Clock. 


Thursday,  the  twenty  eighth  day  of  January,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honlle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony,  from  the  first  day  of  January  one  thousand  seven  hundred  and  sixty  eight  to  the 
first  day  of  January  one  thousand  seven  hundred  and  sixty  nine  inclusive]  was  read  the  third 
time  and 

On  the  Question  being  put 

Rcsolred ,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  for  naturalizing  Sylvester  Springer,  Johan  Wilhelm  Ditz,  Johannis 
Krots,  Johunnis  Bartel  Volch,  John  Christian  Ringland,  Thomas  Kleynman,  Aaron  De  Young, 
Daniel  Collin,  Isaac  Moses,  Henry  Andrew  Francken,  and  Alexander  Diarce]  was  read  the 
third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
to  make  valid  and  render  more  effectual  An  Act  entituled,  An  Act  to  empower  the  Mayor 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1649 

Recorder  and  Aldermen  of  the  City  of  New  York,  or  the  major  part  of  them,  to  order  the 
raising  a  sum  not  exceeding  fourteen  hundred  pounds  for  the  uses  therein  mentioned,  Passed  in 
this  present  Session  of  General  Assembly]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Mr  Holland  with  the  Bill  entituled 
[An  Act  to  remove  Doubts  and  Scruples,  concerning  An  Act  entituled,  An  Act  for  Submitting 
the  property  of  the  Lands  which  are  held  or  claimed  by  Grants  under  the  Great  Seal  of  this 
Province,  and  are  affected  by  the  Controversy  about  the  Boundary  or  Partition  Line  between 
this  Colony  and  the  Colony  of  New  Jersey,  to  such  a  method  of  Decision,  as  his  most  gracious 
Majesty  shall  think  proper,  by  his  Royal  Commission  or  otherwise  to  appoint,  and  for  defraying 
the  Expence  to  accrue  on  the  part  of  this  Colony  on  the  final  settlement  of  the  said  Line] 
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  till  to  Morrow  Morning  11  o  clock. 


Friday,  tlie  twenty  ninth  day  of  January,  1768 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hontle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  remove  Doubts  and  Scruples  concerning  an  Act  entituled  An 
Act  for  submitting  the  property  of  the  Lands  which  are  held  or  claimed  by  Grants  under  the 
Great  Seal  of  this  Colony  and  are  affected  by  the  Controversy  about  the  Boundary  or  Partition 
Line  between  this  Colony  and  the  Colony  of  New  Jersey,  to  such  Method  of  Decision  as  his 
most  gracious  Majesty  shall  think  proper  by  his  Royal  Commission  or  otherwise  to  appoint,  and 
for  defraying  the  Expence  to  accrue  on  the  Part  of  this  Colony  on  the  final  settlement  of  the 
said  Line]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Col.  Seaman  and  Mr  Cruger  with  the  engrossed 
Bill  from  this  House  entituled  [An  Act  to  prevent  the  Defaults  of  Justices  of  the  peace  Grand 
and  petty  Jurors  and  Constables]  with  the  Amendments  made  thereto  by  the  General  Assembly 
acquainting  the  Council  that  the  General  Assembly  have  passed  the  Bill  with  the  said 
Amendments  to  which  they  desire  the  Concurrence  of  this  House. 

And  the  Amendments  to  the  said  Bill  being  read 

Resolved,  that  this  House  do  agree  to  the  said  Amendments. 

Ordered,  that  the  Bill  be  amended  accordingly. 

Then  the  said  Bill  was  amended  accordingly  as  follows  viz' 

The  Title  altered  thus— 

An  Act  to  prevent  the  Defaults  of  Grand  and  petty  Jurors  Constables  and  other  Persons. 

Line  6.  The  Words  Justices  and  struck  out,  and  after  Constable  the  Words  and  other  Persons 
inserted. 

Line  13.  The  Words  Justice  or  struck  out,  and  after  Constable  the  Words  [or  other  Person 
whose  Duty  it  is  to  attend  the  Courts  of  this  Colony]  inserted  and  in  the  same  Line  after  the 
Word  for  the  Words  their  Defaulter  also  inserted. 

And  at  the  End  of  the  Bill  the  following  Clauses  were  added. 

207 


1650  Journal  of  the  Legislative  Council  of  New  York.  [ 


Provided  always  that  nothing  in  this  Act  shall  be  construed  to  extend  to  any  Fine  above  the 
sum  of  Tea  Pounds,  or  to  any  Court  for  the  Trial  of  Causes  to  the  Value  of  five  pounds  and 

under. 

And  Be  it  enacted  by  the  Authority  aforesaid  that  this  Act  shall  continue  in  Force  from  the 
publication  thereof  till  the  first  day  of  January  which  will  be  in  the  year  one  thousand  seven 
hundred  and  seventy  and  no  longer. 

A  Message  from  the  General  Assembly  by  Mr  Bayard  and  Captain  Seaman  with  the  Bill 
Entituled  [An  Act  to  expedite  the  final  settlement  of  the  Controversy  relating  to  the  Boundaries 
of  this  Colony  and  the  Province  of  the  Massachusets  Bay]  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  till  Monday  Morning  11  o  Clock. 


Monday,  the  first  day  of  February,  1768 
The  Council  met  according  to  adjournment. 

PEESENT  —  The  Honble  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVEE  DE  LANCEY, 
JOSEPH  READE, 
ROGEE  MOREIS, 
WILLIAM  SMITH,  junr, 
HENEY  CEUGEE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  remove  Doubts  and  scruples  concerning  an  Act  entituled  An  Act  for  submitting  the 
Property  of  the  Lands  which  are  held  or  claimed  by  Grants  under  the  Great  Seal  of  this  Colony 
and  are  affected  by  the  Controversy  about  the  Boundary  or  Partition  Line  between  this  Colony 
and  the  Colony  of  New  Jersey,  to  such  Method  of  Decision  as  his  most  gracious  Majesty  shall 
think  proper  by  his  Royal  Commission  or  otherwise  to  appoint,  and  for  defraying  the  Expence 
to  accrue  on  the  part  of  this  Colony  on  the  final  settlement  of  the  said  Line]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  directing  the  Executors  named  in  the  last  Will  and  Testament  of  Abraham  De  Peyster 
Esqr  deceased  late  Treasurer  of  this  Colony,  and  Frederick  De  Peyster  Esqr  to  deliver  all 
publick  Monies  in  their  Hands  to  the  present  Treasurer  of  this  Colony,  and  for  other  purposes 
therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  aud 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  empower  Sir  William  Baker  Knight  and  Robert  Charles  Esqr  to 
pay  for  the  Statues  of  his  Majesty  and  the  R'  Honourable  William  Pitt  Esqr  now  Lord  Chatham, 
and  also  for  a  piece  of  Plate  to  be  presented  to  John  Sargent  Esqr]  was  read  the  third  time  and 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1651 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Walton  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  three  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  to  expedite  the  final  Settlement  of  the  Controversy  relating  to 
the  Boundaries  of  this  Colony  and  the  Province  of  the  Massachusets  Bay]  was  read  the  second 
time,  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered,  a  third  reading. 

The  Council  adjourned  till  Wednesday  Morning  11  o  Clock. 


Wednesday,  the  third  day  of  February,  1768. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hontlea  DANIEL  HORSJIANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  expedite  the  final  settlement  of  the  Controversy  relating  to 
the  Boundaries  of  this  Colony  and  the  Province  of  the  Massachusets  Bay]  was  read  the  third 
time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  of  this 
Province,  being  come  to  the  Council  Chamber  (the  Speaker  leaving  the  Chair)  his  Excellency 
sent  a  Message  by  the  Deputy  Secretary  requiring  the  immediate  Attendance  of  the  General 
Assembly  in  the  Council  Chamber  in  the  City  Hall. 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  the  Council  &  the  General  Assembly  was 
pleased  to  give  his  Assent  to  six  Bills  the  Titles  whereof  are  as  follow 

An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
first  day  of  January  one  thousand  seven  hundred  and  sixty  eight  to  the  first  day  of  January  one 
thousand  seven  hundred  and  sixty  Nine  inclusive. 

An  Act  directing  the  Executors  named  in  the  last  Will  and  Testament  of  Abraham  Depeyster 
Esqr  deceased  late  Treasurer  of  this  Colony  and  Frederick  Depeyster  Esqr  to  deliver  all  publick 
Monies  in  their  Hands  to  the  present  Treasurer  of  this  Colony  and  for  other  purposes  therein 
mentioned. 

An  Act  to  expedite  the  final  settlement  of  the  Controversy  relating  to  the  Boundaries  of  this 
Colony,  and  the  Province  of  the  Massachusets  Bay. 

An  Act  to  make  valid  and  render  effectual  An  Act  entituled  "  An  Act  to  empower  the  Mayor 
Recorder  and  Aldermen  of  the  City  of  New  York  or  the  Major  part  of  them,  to  order  the 
raising  a  sum  not  exceeding  fourteen  hundred  Pounds  for  the  Uses  therein  mentioned,"  passed 
in  this  present  session  of  General  Assembly. 

An  Act  for  raising  a  sum  not  exceeding  the  sum  of  two  hundred  and  fifty  Pounds  for 
repairing  the  old  or  building  a  new  Goal  in  Richmond  County. 


1652  Journal  of  the  Legislative  Council  of  New  York.  [*Ihso."™' 

An  Act  for  naturalizing  Sylvester  Springer.  Johan  Wilhelm  Ditz,  Johannis  Krots,  Johannis 
Bnrtel  Volck,  John  Christian  Ringland,  Thomas  Kleynman,  Aaron  De  Young,  Daniel  Collin, 
Isaac  Moses,  Henry  Andrews  Francken,  and  Alexander  Diarce. 

After  which  the  said  Acts  were  published  in  the  usual  Manner  and  the  Council  returning  to 
the  Council  Chamber, 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  fourth  day  of  February,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Hon1^  JOHN  WATTS,  Esqr,  Speaker, 

WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  Philipse  and  Mr  Kissam  with  the  Bill  entituled 
[An  Act  for  the  more  effectual  vesting  the  real  and  personal  Estate  whereof  Abraham  Depeyster 
Esqr  late  Treasurer  of  this  Colony  died  seized  and  possessed,  in  Trustees  for  the  payment  of 
his  Debts]  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. 

A  Message  from  the  General  Assembly  by  Mr  Philip  Livingston  and  Col :  Haring  with  the 
Bill  Entituled  [An  Act  to  ascertain  the  size  of  Casks  in  which  White  Bread  shall  be  packed 
within  the  City  of  New  York,  and  to  regulate  the  manner  in  which  the  same  shall  be  sold] 
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  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  fifth  day  of  February,  1768. 
The  Council  met  according  to  adjournment. 

PBESENT  —  The  HonWe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esqri- 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  the  more  effectual  vesting  tbe  real  and  personal  Estate 
whereof  Abraham  De  Peyster  Esqr  late  Treasurer  of  this  Colony,  died  seized  and  possessed,  in 
Trustees  for  the  payment  of  his  Debts]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  ascertain  the  size  of  Casks  in  which  White  Bread  shall  be 
packed  within  the  City  of  New  York,  and  to  regulate  the  manner  in  which  the  same  shall  be 
sold]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1653 

Saturday,  the  sixth  of  February,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  more  effectual  vesting  the  real  and  personal  Estate  whereof  Abraham  De  Peyster 
Esqr  late  Treasurer  of  this  Colony  died  seized  and  possessed,  in  Trustees  for  the  payment  of 
his  Debts]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  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. 

Ordered,  that  the  said  Bill  be  read  a  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  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  ascertain  the  size  of  Casks  in  which  White  Bread  shall  be  packed  within  the  City  of 
New  York,  and  to  regulate  the  manner  in  which  the  same  shall  be  sold]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Smith  junr  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  amendment. 

His  Excellency  Sir  Henry  Moore  Baronet  Captain  General  and  Governor  in  Chief  of  this 
Province  being  come  to  the  Council  Chamber  (the  Speaker  leaving  the  Chair)  his  Excellency 
sent  a  Message  by  the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General 
Assembly  in  the  Council  Chamber  in  the  City  Hall. 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  the  Council  and  General  Assembly  was 
pleased  to  give  his  Assent  to  five  Bills  the  Titles  whereof  are  as  follow  viz' 

An  Act  to  prevent  the  Defaults  of  Grand  and  Petit  Jurors,  Constables  and  other  Persons. 

An  Act  to  empower  Sr  William  Baker  Knight  and  Robert  Charles  Esqr  to  pay  for  the 
Statues  of  his  Majesty  and  the  R'  Honoblc  William  Pitt  Esqr  now  Lord  Chatham  and  also  for  a 
peice  of  Plate  to  be  presented  to  John  Sargent  Esqr. 

An  Act  to  remove  Doubts  and  Scruples  concerning  An  Act  entituled,  An  Act  for  submitting 
the  Property  of  the  Lands,  which  are  held  or  claimed  by  Grants  under  the  Great  Seal  of  this 
Colony  and  are  affected  by  the  Controversy  about  the  Boundary  or  Partition  Line  between  this 
Colony  and  the  Colony  of  New  Jersey,  to  such  Method  of  Decision  as  his  most  gracious 
Majesty  shall  think  proper,  by  his  Royal  Commission  or  otherwise,  to  appoint,  and  for 
defraying  the  Expence  to  accrue  on  the  part  of  this  Colony  on  the  final  settlement  of  the 
said  Line. 

An  Act  for  the  more  effectual  vesting  the  real  and  personal  Estate  whereof  Abraham 
De  Peyster  Esqr  late  Treasurer  of  this  Colony,  died  seized  and  possessed,  in  Trustees  for  the 
payment  of  his  Debts. 

An  Act  to  ascertain  the  size  of  Casks  in  which  White  Bread  shall  be  packed  within  the  city 
of  New  York,  and  to  regulate  the  manner  in  which  the  same  shall  be  sold. 


1654  Journal  of  the  Legislative  Council  of  New  York.  [3othA«8em, 

After  which  the  said  Acts  were  published  in   the  usual  manner,  and 
His  Excellency  was  pleased  by  and  with  the  advice  of  his  Majesty's  Council  to  declare  the 
General  Assembly  of  this  Province  DISSOLVED,  and  that  he  DISSOLVED  them  accordingly. 


PROVINCE  } 

of         >  ss. 
New   York  ) 

MEMORANDUM  that  Writts  having  issued  for  the  Election  of  Representatives  to 
serve  in  a  General  Assembly  of  the  said  Province  of  New  York  thereby  appointed  to  be 
held  at  the  City  of  New  York  on  the  twenty  second  Day  of  March  in  the  year 
of  our  Lord  One  thousand  seven  hundred  and  sixty  eight  in  the  Eighth  year  oj 
the.  Reign  of  our  Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great 
Britain  France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

The  Council  met  accordingly  on  the  said  twenty  second  Day  of  March  in  the  Council  Chamber 
in  the  City  Hall  in  the  City  aforesaid. 

PRESENT  —  DANIEL  HORSMANDEN, 

JOHN  WATTS, 
WILLIAM  WALTON, 
OLIVER  DE  LANCEY, 
The  Honlle    CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™ 

Where  being  assembled,  together  with  such  of  the  Representatives  returned  to  serve  in  the 
said  General  Assembly  as  attended  on  the  same  Day  in  the  Assembly  Chamber,  His  Majesty's 
Writ  Patent  under  the  Great  Seal  of  the  said  Province  proroguing  the  said  General  Assembly 
so  appointed  to  be  held  on  this  twenty  second  day  of  March  as  aforesaid  until  the  fifth  day  of 
July  now  next  ensuing  was  by  the  Deputy  Clerk  of  the  Council  read  in  the  words  following 

GEORGE  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland,  KING 

Defender  of  the  Faith  and  so  forth. 

To  Our  Welbeloved  and  Faithful  the  Members  of  Our  Council  of  Our  Province  of  New  York, 
And  to  Our  Beloved  and  Faithful  the  Representatives  of  Our  said  Province,  Called  and  elected 
to  begin  and  hold  a  General  Assembly  of  Our  said  Province,  at  Our  City  of  New  York  on  the 
twenty  second  Day  of  this  Instant  Month  of  March  and  to  each  of  you 

GREETING  : 

WHEREAS  we  had  ordained  that  the  said  General  Assembly  should  be  held  at  the  Day 
and  Place  aforesaid,  and  had  commanded  you  by  our  several  Writts  to  be  present  at  the 
City  and  on  the  Day  aforesaid,  to  assist  our  Captain  General  and  Governor  in  Chief  of  our 
said  province  in  the  said  General  Assembly  of  our  said  Province;  Nevertheless  for  certain 
Causes  and  Considerations  us  hereunto  especially  moving;  We  have  thought  fit  to  prorogue  and 
do  hereby  prorogue  the  said  General  Assembly  until  the  Jifth  day  of  July  now  next  ensuing; 
so  that  neither  you  nor  any  of  you  be  held  or  compelled  to  appear  on  the  said  twenty  second 
day  of  March  at  the  City  aforesaid:  For  We  do  will  that  you  and  each  of  you  thereof  towards 
us  be  discharged ;  Commanding  and  by  these  Presents  firmly  enjoining  you  and  every  of  you, 
and  all  others  in  this  part  interested,  that  on  the  said  fifth  day  of  July  at  the  aforesaid  City  of 
New  York  you  personally  appear  and  be  present  to  assist  our  said  Captain  General  and  Governor 
in  Chief  in  the  General  Assembly  aforesaid. 

IN  TESTIMONY  WHEREOF  We  have  caused  these  our  Letters  to  be  made  patent. 
WITNESS  our  Trusty  and  welbeloved  Sir  HENRY  MOORE  Baronet  and  Captain 
General  and  Governor  in  Chief  in  and  over  our  Province  of  New  York, 
and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same :  At  our  Fort  in  our  said  City  of  New  York  the 
Eighteenth  day  of  March  One  thousand  seven  hundred  and  sixty  eight  in  the 
Eighth  year  of  our  Reign. 

H :  MOORE. 

Passed  the  Secretarys  Office 
CLARKE. 


1768.J  Sir  Henry  Moore,  Baronet,  Governor.  1655 

MEMORANDUM  that  on  the  said  fifth  day  of  July  One  thousand  seven  hundred  and 
Sixty  eight  in  the  Eighth  year  of  the  Reign  of  our  said  Sovereign  Lord  King 
George  the  Third  to  which  Day  the  General  Assembly  aforesaid  was  prorogued  by 
his  Majesty's  "Writ  Patent  before  mentioned; 

The  following  Members  of  this  Council,  to  wit,  The  Honourable  Daniel  Horsmanden,  Oliver 
De  Lancey,  Joseph  Reade,  William  Smith,  junr,  Henry  Cruger,  Esq™,  Met  in  the  Council 
Chamber  In  the  City  Hall  in  the  City  of  New  York :  Where  being  assembled,  together  with 
such  of  the  Representatives  returned  to  serve  in  the  said  General  Assembly,  as  attended  on  the 
same  Day  in  the  Assembly  Chamber,  his  Majesty's  Writ  Patent  under  the  Great  Seal  of  the 
said  Province  farther  proroguing  the  said  General  Assembly  until  the  thirteenth  day  of 
September  now  next  ensuing  was  by  the  Deputy  Clerk  of  the  Council  read  in  the  words 
following 

GEORGE  the  Third  by  the  Grace  of  God  of  Great  Britain,  France  and  Ireland,  KING 

Defender  of  the  Faith  and  so  forth. 

To  Our  Welbeloved  and  Faithful  the  Members  of  Our  Council  of  Our  Province  of  New  York, 
and  to  Our  Beloved  and  Faithfull  the  Representatives  of  Our  said  Province,  called  and  elected  to 
begin  and  hold  a  General  Assembly  of  our  said  Province  at  our  City  of  New  York  on  the  twenty 
second  day  of  March  in  the  present  year  of  our  Lord  One  thousand  seven  hundred  and  sixty 
Eight,  and  to  each  of  you 

GREETING  : 

WHEREAS  we  had  ordained  that  the  said  General  Assembly  should  be  held  at  the  Day  and 
Place  aforesaid,  and  had  commanded  you  by  our  several  Writs  to  be  present  at  the  City  and  on 
the  Day  aforesaid  to  assist  our  Captain  General  and  Governor  in  Chief  of  our  said  Province  in  the 
said  General  Assembly  of  our  said  Province  :  And  whereas  for  certain  Causes  and  Considerations 
us  thereunto  moving,  We  did  by  our  Writ  Patent  under  the  Great  Seal  of  our  said  Province 
bearing  date  the  Eighteenth  day  of  March  now  last  past,  prorogue  the  said  General  Assembly 
until  the  fifih  day  of  July  then  next  ensuing  thereby  commanding  and  firmly  enjoining  you  and 
every  of  you,  that  on  the  said  fifth  day  of  July  at  the  aforesaid  City  of  New  York,  you 
personally  appear  and  be  present  to  assist  our  said  Captain  General  and  Governor  in  Chief  in 
the  General  Assembly  aforesaid :  Nevertheless  for  certain  Causes  and  Considerations  us 
hereunto  especially  moving,  We  have  thought  fit  farther  to  prorogue  and  do  hereby  farther 
prorogue  the  said  General  Assembly  until  the  thirteenth  day  of  September  now  next  coming, 
so  that  neither  you  nor  any  of  you  be  held  or  compelled  to  appear  on  the  said  fifth  day  of  July 
at  the  City  aforesaid.  For  we  do  will  that  you  and  each  of  you  thereof  towards  us  be 
discharged.  Commanding  and  by  these  Presents  firmly  enjoining  you  and  every  of  you,  and 
all  others  in  this  Part  interested,  that  on  the  said  thirteenth  day  of  September  at  the  aforesaid 
City  of  New  York  you  personally  appear  and  be  present  to  assist  our  said  Captain  General  and 
Governor  in  Chief  in  the  General  Assembly  aforesaid. 

IN  TESTIMONY  WHEREOF  I  we  have  caused  these  our  Letters  to  be  made  Patent : 
WITNESS  our  Trusty  and  Welbeloved  Sir  HENRY  MOORE  Baronet  and  Captain 
General  and  Governor  in  Chief  in  and  over  our  Province  of  New  York  and 
the  Territories  depending  thereon  in  America  Chancellor  and  Vice  Admiral 
of  the  same.  At  our  Fort  in  our  City  of  New  York  the  Eighteenth  day  of 
May  One  thousand  seven  hundred  and  sixty  eight  in  the  Eighth  year  of  our 
Reign. 

H:  MOORE. 

Passed  the  Secretary's  Office  : 
CLARKE. 


1656  Journal  of  the  Legislative  Council  of.  New  York.  [ 

MEMORANDUM  that  on  the  said  thirteenth  day  of  September  one  thousand  seven 
hundred  and  sixty  eight  in  the  Eighth  year  of  the  Reign  of  our  said  Sovereign 
Lord  King  George  the  Third  to  which  day  the  General  Assembly  aforesaid  ivas 
prorogued  by  his  Majesty's  Writ  Patent  before  mentioned 

The  following  Members  of  the  Council  to  wit,  The  Honoble  Daniel  Horsmanden,  Oliver 
De  Lancey,  Joseph  Reade,  William  Smith,  junr,  Henry  Cruger,  Esq",  Met  in  the  Council 
Chamber  in  the  City  Hall  in  the  City  of  New  York,  where  being  assembled  together  with 
such  of  the  Representatives  returned  to  serve  in  the  said  General  Assembly  as  attended  on 
the  same  Day  in  the  Assembly  Chamber,  His  Majesty's  Writ  Patent  under  the  Great  Seal  of 
the  said  Province  farther  proroguing  the  said  General  Assembly  until  the  twenty  seventh  day 
of  October  now  next  ensuing  was  by  the  Deputy  Clerk  of  the  Council  read  in  the  Words 
following 

GEORGE  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland,  KING 

Defender  of  the  Faith  and  so  forth. 

To  Our  Welbeloved  and  Faithful  the  Members  of  Our  Council  of  Our  Province  of  New  York, 
and  to  Our  Beloved  and  Faithful  the  Representatives  of  Our  said  province  called  and  elected  to 
begin  and  hold  a  General  Assembly  of  Our  said  Province  at  Our  City  of  New  York  on  the  twenty 
second  Day  of  March  in  the  present  year  of  our  Lord  One  thousand  seven  hundred  and  sixty 
eight,  and  to  each  of  you 

GREETING  : 

WHEREAS  we  had  ordained  that  the  said  General  Assembly  should  be  held  at  the  Day  and 
Place  aforesaid,  and  had  commanded  you  by  our  several  Writs  to  be  present  at  the  City  and  on  the 
Day  aforesaid  to  assist  our  Captain  General  and  Governor  in  Chief  of  our  said  Province,  in  the 
said  General  Assembly  of  our  said  Province.  And  Whereas  for  certain  Causes  and  Considerations 
us  thereunto  moving,  We  did  by  our  Writ  patent  under  the  Great  Seal  of  our  said  Province,  bearing 
date  the  Eighteenth  day  of  March  now  last  past,  prorogue  the  said  General  Assembly  until  the 
fifth  day  of  July  then  next  ensuing  :  And  Whereas  we  did  afterwards  by  our  Writ  Patent  under 
the  Great  Seal  of  our  said  Province,  bearing  date  the  Eighteenth  day  of  May  now  last  past, 
farther  prorogue  the  said  General  Assembly  until  the  thirteenth  day  of  September  then  next 
ensuing ;  thereby  commanding  and  firmly  enjoining  you  and  every  of  you  that  on  the  said 
thirteenth  day  of  September  at  the  aforesaid  City  of  New  York  you  personally  appear  and  be 
present  to  assist  our  said  Captain  General  and  Governor  in  Chief  in  the  General  Assembly 
aforesaid.  Nevertheless  for  certain  Causes  and  Considerations  us  thereunto  especially  moving, 
We  have  thought  fit  farther  to  prorogue  and  do  hereby  farther  prorogue  the  said  General 
Assembly  until  the  twenty  seventh  day  of  October  now  next  coming;  so  that  neither  you  nor  any 
of  you  be  held  or  compelled  to  appear  on  the  said  thirteenth  day  of  September  at  the  City 
aforesaid  ;  For  We  do  will  that  you  and  each  of  you  thereof  towards  us  be  discharged  : 
Commanding  and  by  these  Presents  firmly  enjoining  you  and  every  of  you,  and  all  others  in  this 
Part  interested,  that  on  the  said  twenty  seventh  day  of  October  at  the  aforesaid  City  of  New 
York,  you  personally  appear  and  be  present,  to  assist  our  said  Captain  General  and  Governor 
in  Chief  in  the  General  Assembly  aforesaid. 

IN  TESTIMONY  WHEREOF  We  have  caused  these  our  Letters  to  be  made  Patent. 
WITNESS  our  Trusty  and  Welbeloved  Sir  HENRY  MOORE  Baronet  our  Captain 
General  and  Governor  in  Chief  in  and  over  our  Province  of  New  York  and 
the  Territories  depending  thereon  in  America  Chancellor  and  Vice  Admiral 
of  the  same  :  At  our  Fort  in  our  City  of  Nciv  York  the  Twenty  ninth  day  of 
August,  One  thousand  seven  hundred  and  sixty  eight  in  the  Eighth  year  of 
our  Reign.  Line  7  the  word  fifth  wrote  on  a  Razure. 

H :  MOORE. 

Passed  the  Secretarys  Office. 
CLARKE. 


THIRTIETH  ASSEMBLY    FIRST  SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York, 
begun  and  holden  at  the  City  Hall  in  the  City  o/"New  York,  on  Thursday  the  twenty 
seventh  day  of  October,  in  the  Ninth  year  of  the  Reign  of  our  Sovereign  Lord 
George  the  Third,  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth,  and  in  the  year  of  our  Lord  One  thousand 
seven  hundred  and  sixty  eight. 

The  General  Assembly  standing  prorogued  to  this  Day 
The  Council  met  accordingly. 

PRESENT  —  The  HonoUe  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHOEPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet  Captain  General  and  Governor  in  Chief  of  this 
Province,  being  come  to  the  Council  Chamber, 

The  Speaker  left  the  Chair,  and 

His  Excellency  sent  a  Message  by  the  Deputy  Secretary,  requiring  the  immediate  attendance 
of  such  of  the  Representatives  returned  to  serve  in  General  Assembly  as  had  taken  and  subscribed 
the  Oiiths  and  repeated  and  subscribed  the  Declaration  appointed  by  Law. 

Twenty  six  of  the  Representatives  so  qualifyed  appearing  accordingly  in  the  Council  Chamber 
His  Excellency  the  Governor  was  pleased  to  direct  them  to  return  to  the  Assembly  Chamber, 
and  to  choose  a  Speaker,  and  present  him  for  his  Excellencys  approbation  to  Morrow  Afternoon 
at  1  o  Clock  in  the  Council  Chamber. 

His  Excellency  the  Governor  having  left  the  Council  Chamber. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  til  to  Morrow  1  o  clock  in  the  Afternoon. 


Friday,  the  twenty  eighth  day  of  October,  1768.     P'.  M. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Hono116  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRCGER,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  the  Governor  being  come  to  the  Council  Chamber 

The  Speaker  left  the  Chair,  and 

The  Members  of  the  General  Assembly  who  had  taken  the  Oaths,  attended  and  acquainted 
his  Excellency  that  in  pursuance  of  his  Directions  yesterday,  they  had  chosen  Philip  Livingston 
Esqr  as  their  Speaker  whom  they  presented  for  his  Excellency's  approbation. 

His  Excellency  having  declared  his  approbation  of  the  said"  Philip  Livingston  Esqr  as  Speaker 
of  the  House  of  General  Assembly 

Mr  Speaker  addressing  himself  to  his  Excellency  after  a  short  apology  expressing  his  own 
Inabilities,  desired  in  behalf  of  the  whole  House,  that  their  Words  and  Actions  might  always 
meet  with  a  favourable  construction.  That  the  members  might  from  time  to  time  have  free 
access  to  his  Excellency,  and  that  they  and  their  servants  might  have  the  usual  Privileges  and 
Protection,  to  which  his  Excellency  was  pleased  to  Answer,  that  they  might  depend  on  being 

208 


1658  Journal  of  the  Legislative  Council  of  New  York.  [TiaY^' 

maintained  in  all  their  Rights  and  Privileges  as  fully  and  amply  as  they  had  at  any  time 
heretofore  enjoyed  them. 

His  Excellency  the  Governor  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. 

His  Excellency  the  Governor  and  the  House  of  General  Assembly  having  left  the  Council 
Chamber 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Excellency's  Speech  be  read. 

Then  the  Speech  was  read  and 

Ordered  to  be  entered  in  the  Journals  of  this  House  and  the  same  is  as  follows 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly, 

No  immediate  service  of  the  Province  having  required  my  convening  you  upon  the  return 
of  the  Writts  for  the  late  Election  I  have  delayed  your  meeting  till  the  usual  season  of  passing 
the  annual  Bills,  to  avoid  the  Inconveniencies  attending  a  Session  in  the  summer  Months. 

It  is  with  great  satisfaction  that  I  can  now  lay  before  you  a  Report  of  the  Lords  Commissioners 
for  Trade  and  Plantations,  in  consequence  of  which  his  Majesty  has  been  pleased  to  direct  that 
the  Regulation  of  the  Trade  with  the  Indians,  shall  for  the  future  be  left  with  the  Colonies,  as 
the  Importance  of  such  a  concern  to  them  must  necessarily  engage  their  respective  Legislatures, 
in  the  pursuit  of  measures  best  calculated  to  answer  the  purpose  of  his  Majesty's  gracious 
condescension  in  committing  this  valuable  Branch  of  Commerce  to  their  Management. 

Gentlemen  of  the  General  Assembly, 

The  advantages  arising  not  only  from  the  Intercourse  of  Trade  with  the  Indians  but  from 
the  Maintainance  of  that  Tranquility  among  them,  which  subsists  at  present  are  so  obvious  as 
to  require  no  argument  to  enforce  them  ;  I  shall  therefore  only  recommend  to  you,  that  to  avoid 
any  future  cause  of  Disatisfaction  or  Jealousy  being  given,  you  will  by  the  most  effectual  Laws 
prevent  any  Settlements  being  made  beyond  the  Line  which  shall  be  agreed  on  by  the  Indians; 
punish  all  Frauds  and  Abuses  which  may  be  practised  by  the  Traders  among  them  ;  and  at  the 
same  time  pay  a  due  Regard  to  that  Freedom  of  Trade,  which  his  Majesty  has  graciously 
granted  to  all  his  Subjects  by  his  Proclamation  in  the  year  1703. 

As  I  presume  that  such  parts  of  the  late  Plan  pursued  by  the  Superintendants  of  Indian 
Affairs,  as  have  operated  to  the  Benefit  of  Trade,  and  given  satisfaction  to  the  Indians  will  be 
adopted  by  you,  as  far  as  circumstances  and  situations  will  admit.  These  shall  be  laid  before 
you,  together  with  the  Reduction  of  such  Posts,  as  the  Commander  in  Chief  of  his  Majesty's 
Forces  has  thought  proper  to  make  in  consequence  of  the  orders  he  has  received  for  that 
Purpose ;  that  you  may  be  better  enabled  to  regulate  the  Execution  of  such  Plans,  as  you  shall 
think  most  conducive  to  the  publick  Benefit. 

The  Accounts  which  are  directed  to  be  delivered  in  to  you  by  the  Barrack  Master,  will  shew 
that  the  greatest  ceconomy  has  been  observed  in  issuing  the  sums  granted  for  the  support  of  his 
Majesty's  Troops  here,  and  that  a  particular  attention  has  been  given  to  the  Interest  of  the 
Province  as  well  as  to  his  Majesty's  service  on  this  occasion. 

I  am  extremely  concerned  to  be  under  a  Necessity  of  mentioning  to  you,  the  Distresses  to 
which  the  unhappy  sufferers  at  Montreal  have  been  again  reduced  from  a  second  Calamity  by 
Fire;  The  Sentiments  of  Humanity  which  Misfortunes  of  this  kind  naturally  excite  will  I 
hope  plead  for  them,  and  I  should  with  pleasure  see  an  example  shewed  to  the  rest  of  the 
Colonies,  by  a  generous  and  suitable  Releif  granted  to  objects  whose  present  situation  can  be 
more  easily  imagined  than  described. 

Gentlemen  of  the  Council  and  Gentlemen  of  the   General  Assembly 

I  flatter  myself  that  a  just  sense  of  the  advantages  to  be  derived  to  the  Publick  from  your 
Unanimity  and  Dispatch  of  Business,  will  have  a  due  Influence  on  your  proceedings  during  the 
course  of  the  Session,  and  you  may  be  assured  of  my  ready  concurrence  with  you  in  every 
Measure,  which  may  be  proposed  for  his  Majestys  service  and  the  welfare  of  the  Province. 

New  York  28th  October  1768  H:  MOORE. 

Ordered,  that  his  Excellencys  Speech  be  forthwith  printed. 

Mr  De  Lancey  then  moved  that  an  humble  Address  might  be  presented  by  this  House  to  his 
Excellency  in  Answer  to  his  Speech, 

Which  Motion  being  seconded  and  agreed  to, 

Rcsolvfd,  that  an  humble  Address  be  presented  to  his  Excellency  accordingly. 

Ordered,  that  Mr  De  Lancey,  Mr  Apthorpe  and  Mr  Reade  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  a  Draft  of  the  said  Address,  and  that  they  prepare  and  bring  in  the  same 
on  Tuesday  next. 

The  Council  adjourned  till  Tuesday  Morning  next  at  10  o  Clock. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1659 

Tuesday,  the  first  day  of  November,  1768. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  H»nWe  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  AFTHOKPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Apthorpe  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to 
be  presented  by  this  House  to  his  Excellency  in  Answer  to  his  Speech,  Reported  that  the 
Committee  had  prepared  the  same,  which  he  read  in  his  Place,  and  then  delivered  the  said 
Draft  in  at  the  Table  where  the  same  was  again  read,  and  being  agreed  to  was 

Ordered  to  be  Engrossed. 

The  Engrossed  Address  to  his  Excellency  the  Governor  was  read  and  approved  of. 

Ordered,  that  the  Speaker  sign  the  same,  and 

The  Speaker  having  signed  the  said  engrossed  Address, 

Ordered,  that  Mr  Morris  and  Mr  Cruger  do  wait  on  his  Excellency  the  Governor,  and  desire  to 
know  when  he  will  be  pleased  to  be  attended  by  the  Council  with  their  humble  Address. 

The  said  Gentlemen  being  returned,  Reported  that  they  had  waited  on  his  Excellency  and 
delivered  the  said  Message,  and  that  his  Excellency  had  been  pleased  to  say  he  would  receive 
the  Address  of  this  House  at  half  an  Hour  after  I  o'Clock  this  Day,  in  the  Council  Chamber  at 
Fort  George. 

The  Speaker  left  the  Chair,  and  with 

The  Council  proceeded  to  the  Council  Chamber  in  Fort  George  to  present  the  humble 
Address  of  this  House  to  his  Excellency  the  Governor;  and  being  returned, 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  Council  attended  his  Excellency  and  presented  to  him  the 
Address  of  this  House,  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  Journal  of  this  House,  which 
are  as  follow. 

To  His  Excellency  Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  of  the  same. 

The  humble  ADDRESS  of  the  Council  of  the  Province  of  New  York 

May  it  please  your  Excellency. 

We  his  Majestys  most  dutiful  and  loyal  Subjects  the  Council  of  the  Province  of  New  York, 
return  your  Excellency  our  hearty  Thanks  for  your  Speech,  and  for  communicating  his  Majesty's 
Directions,  that  the  Regulation  of  the  Trade  with  the  Indians,  shall  for  the  future  be  left  to  the 
Colonies. 

Nothing  is  more  essential  to  establish  and  confirm  the  numerous  and  extensive  Tribes  of 
Indians  in  their  Fidelity  and  Attachment  to  his  Majesty,  than  proper  Laws  to  restrain  and 
punish  all  Frauds  or  Abuses  of  Traders,  in  their  Intercourse  with  the  different  Nations:  And 
your  Excellency  may  be  assured,  that  in  the  Consideration  of  so  interesting  an  Object,  we  shall 
pursue  such  Measures,  as  shall  appear  best  calculated  to  answer  his  Majesty's  gracious  Intentions. 

The  preventing  any  settlements  beyond  the  Line  which  shall  be  agreed  on  by  the  Indians, 
equally  deserves  our  serious  Attention,  as  a  Measure  most  likely  to  avoid  any  future  cause  of 
Dissatisfaction  or  Jealousy  on  their  Part,  and  to  render  lasting  and  permanent  the  present 
Tranquility  of  the  Colony. 

Truly  desirous  that  the  Publick  may  derive  every  Advantage  from  our  Proceedings,  We  shall 
endeavour  to  cultivate  that  Unanimity  so  highly  necessary  in  the  several  Branches  of  the 
Legislature,  and  we  beg  Leave  to  assure  your  Excellency  of  our  warmest  Inclinations  to  concur 
in  whatever  may  promote  his  Majesty's  service,  and  the  Welfare  and  Prosperity  of  the  Colony. 

By  Order  of  the  Council 
New  York  1s1  November  17GS.  JOHN  WATTS  Speaker. 


1660  Journal  of  the  Legislative  Council  of  New  York. 

His  EXCELLENCY'S  Answer. 

Gentlemen  of  the  Council, 

I  return  you  my  hearty  Thanks  for  this  Address  and  for  the  Readiness  you  express  of  giving 
your  Assistance  in  whatever  may  be  thought  Necessary  for  his  Majesty's  Service,  or  contribute 
to  the  Prosperity  of  the  Colony. 
New  York  1"  Novr  17GS. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 
The  Council  adjourned  till  Friday  next  at  11  o  Clock  in  the  Morning. 


Friday,  the  fourth  day  of  November,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono116  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
HENRY  CRDGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Thursday  next  at  11  o  Clock  in  the  Morning. 

Thursday,  the  tenth  day  of  November,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honu*  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  til  Friday  the  18tb  November  Instant  at  11  o  Clock  in  the  Morning. 

Friday,  the  eighteenth  day  of  November,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Tuesday  Morning  next  at  11  o  Clock. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1661 

Tuesday,  the  twenty  second  day  of  November,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono11'  JOHN  WATTS,  Esqr,  Speaker, 

JOSEPH  READE, 
HENRY  CRUGEK,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Friday  next  at  11  o  Clock  in  the  Morning. 

Friday,  the  ticenty  fifth  day  of  November,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hon1'6  CHARLES  WARD  APTHORPE,  Esqr,  Speaker, 

ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Wednesday  Morning  next  at  11  o  Clock. 

Wednesday,  the  thirtieth  day  of  November,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  De  Lancey  and  Captain  Seaman  with  the 
Bill  Entituled  [An  Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New 
York,  or  the  M;ijor  part  of  them,  to  order  the  raising  a  sum  not  exceeding  sixteen  hundred 
Pounds  for  the  uses  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  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Wisncr  with  the  Bill  Entituled 
[An  Act  further  to  increase  the  Number  of  Firemen  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  till  Friday  Morning  11  o  Clock 


30th  Asscm. 


1662  Journal  of  the  Legislative  Council  of  New  York.  PS 

Friday,  the  second  day  of  December,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  Junr, 
HENRY  CRUGER,  Esqrs. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col.  Livingston  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  to  enable  the  Inhabitants  of  the  Manor  of  Livingston  to  choose  an  additional 
Assessor  and  two  Constables]  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. 

A  Message  from  the  General  Assembly  by  Mr  Mynderse  and  Mr  Ten  Brooke  with  the  Bill 
Entituled  [An  Act  to  raise  within  the  Township  of  Schenectady  the  sum  of  two  hundred  and 
twenty  seven  pounds  Ten  shillings,  and  the  farther  sum  of  forty  four  Pounds  twelve  shillings 
to  and  for  the  uses  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  and 

Ordered  a  second  Reading, 

A  Message  from  the  General  Assembly  by  Mr  Wisner  and  Mr  De  Witt  with  the  Bill  Entituled 
[An  Act  to  amend  An  Act  entituled  An  Act  for  the  more  effectual  destroying  of  Wolves  and 
Panthers  in  the  counties  of  Ulster  Dutches  and  Orange]  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  Bill  Entituled  [An  Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  or  the  Major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  sixteen  hundred 
Pounds  for  the  uses  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  further  to  increase  the  Number  of  Firemen  in  the  City  of  New 
York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Tuesday  next  at  11  o  Clock  in  the  morning. 


Tuesday,  the  sixth  day  of  December,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honm  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esqrs. 

The  Speaker  assumed  the  Chair 

*"  A  Message  from  the  General  Assembly  by  Mr  Holland  &  Mr  Rapalje  with  the  Bill  Entituled 
[An  Act  to  raise  a  Fund  for  defraying  damages  done  by  Dogs  in  the  County  of  Richmond] 
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. 

A  Message  from  the  General  Assembly  by  Col.  Schuyler  and  Mr  Ten  Broock  with  the  Bill 
Entituled  [An  Act  for  the  Preservation  and  Translation  of  the  Dutch  Records  of  the  City  and 
County  of  Albany]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1G63 

Then  the  said  Bill  was  read  the  first  time  & 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Miller  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  entituled  An  Act  Co  regulate  the  Pilots  and  establish  their 
Pilotage  between  Sandy  Hook  and  the  port  of  New  York,  and  other  Purposes  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  and 

Ordered-  a  second  reading. 

A  Message  from  the  General  Assembly  by  Captain  De  Lancey  and  Mr  Van  Cortlandt  with  the 
Bill  Entituled  [An  Act  to  amend  and  further  to  continue  An  Act  intituled  An  Act  to  lay  a  Duty 
of  Tonage  on  Vessels  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook]  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  Bill  Eruituled  [An  Act  to  enable  the  Inhabitants  of  the  Manor  of  Livingston  to  choose 
an  additional  Assessor  and  two  Constables]  was  read  the  second  time  & 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  raise  within  the  Township  of  Schenectady,  the  sum  of  Two 
hundred  and  twenty  seven  Pounds  ten  shillings,  and  the  farther  sum  of  forty  four  Pounds 
twelve  shillings  to  and  for  the  uses  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  amend  an  Act  intituled  An  Act  for  the  more  effectual 
destroying  of  Wolves  and  Panthers  in  the  Counties  of  Ulster  Dutches  and  Orange]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  Whole  House  on  the  Bill  Entituled  [An 
Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York,  or  the  major  part 
of  them,  to  order  the  raising  a  sum  not  exceeding  sixteen  hundred  pounds,  for  the  uses  therein 
mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  Whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  further  to  increase  the  Number  of  Firemen  in  the  City  of  New  York]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Morris  from  the  Committee  of  the  Whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  seventh  day  of  December,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Cruger  moved  that  a  Bill  which  he  held  in  his  Hand  Entituled  [An  Act  for  the  better 
Determination  of  personal  Actions  depending  upon  Accounts]  might  be  read. 
Ordered,  that  the  said  Bill  be  read  accordingly. 
Then  the  said  Bill  was  read  the  first  time  and 


1664  Journal  of  the  Legislative  Council  of  New  York.  [s™  SB.'.*™ 

Ordered  a  second  reading. 

The  Bill  Entituled  [An  Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York,  or  the  major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  sixteen  hundred 
pounds  for  the  uses  therein  mentioned]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  further  to  increase  the  Number  of  Firemen  in  the  City  of  New- 
York]  was  read  the  third  time  and 

On  the  Question  being  put 

R< solved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Inhabitants  of  the  Manor  of  Livingston  to  choose  an  additional  assessor  and 
two  Constables]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  raise  within  the  Township  of  Schenectady,  the  sum  of  Two  hundred  and  twenty  seven 
pounds  Ten  shillings,  and  the  farther  sum  of  Forty  pounds  twelve  shillings,  to  and  for  the 
uses  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Reade  from  the  Committee  of  the  whole  House  in  his  place  reported,  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  directed  him  to  Report  the  same  without  any 
Am°ndment. 

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

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  amend  An  Act  entituled  An  Act  for  the  more  effectual  destroying  of  Wolves  and 
Panthers  in  the  Counties  of  Ulster  Dutches  and  Orange]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  raise  a  Fund  for  defraying  Damages  done  by  Dogs  in  the 
County  of  Richmond]  was  read  the  second  time  and 

Ordered  to  he  committed. 

The  Bill  Entituled  [An  Act  for  the  preservation  and  Translation  of  the  Dutch  Records  of  the 
City  and  County  of  Albany]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  regulate  the 
pilots  and  establish  their  pilotage  between  Sandy  Hook  and  the  port  of  New  York,  and  other 
purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  amend  and  further  to  continue  An  Act  entituled  An  Act  to 
lay  a  Duty  of  Tonage  on  Vessels,  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1768.J  Sir  Henry  Moore,  Baronet,  Governor.  1665 

Thursday,  the  eighth  day  of  December,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honm  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  enable  the  Inhabitants  of  the  manor  of  Livingston  to  choose 
an  additional  Assessor  and  two  Constables]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  raise  within  the  Township  of  Schenectady,  the  sum  of  Two 
hundred  and  twenty  seven  pounds  ten  shillings  and  the  farther  sum  of  forty  four  pounds  twelve 
shillings  to  and  for  the  uses  therein  mentioned]  was  read  the  third  Time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  amend  an  Act  entituled  An  Act  for  the  more  effectual 
destroying  of  Wolves  and  Panthers  in  the  Counties  of  Ulster  Dutches  and  Orange]  was  read 
the  third  Time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  junr  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  three  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  raise  a  Fund  for  defraying  Damages  done  by  Dogs  in  the  County  of  Richmond]  and 
after  some  Time  spent  therein. 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  the  same  without  any  amendment. 

AVhich  Report  on  the  Question  being  put  was  agreed  to  and  approved  of,  and  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  Preservation  and  Translation  of  the  Dutch  Records  of  the  City  and  County  of 
Albany]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  Whole  House  on  the  Bill  entituled  [An 
Act  further  to  continue  An  Act  entituled  An  Act  to  regulate  the  pilots  and  establish  their 
pilotage  between  Sandy  Hook  and  the  port  of  New  York  and  other  purposes  therein  mentioned] 
and  after  some  Time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  Whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  to  amend  and  further  to  continue  an  Act  entituled  An  Act  to  lay  a  Duty  of  Tonuge  on 
Vessels,  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House,  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  the  Bill 

209 


1666  Journal  of  the  Legislative  Council  of  New  York  Kl"."™.1 

Ordered,  a  third  reading. 

The  Bill  Entituled  [An  Act  for  the  better  Determination  of    personal  Actions  depending 
upon  Accounts]  was  read  the  second  time  and 
Ordered  to  be  committed. 
The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  ninth  day  of  December,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honble  DANIEL  HORSJI ANDES,  Esqr,  Speaker, 

JOHN  WATTS, 

CHARLES  WARD  APTHOKPE, 

JOSEPH  READE, 

ROGER  MORRIS, 

WILLIAM  SMITH,  jun% 

HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Eniituled  [An  Act  to  raise  a  Fund  for  defraying  Damages  done  by  Dogs  in  the 
County  of  Richmond]  was  read  the  third  Time,  and 

On  the  Question  being  put 

Resolrcd,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  for  the  preservation  and  Translation  of  the  Dutch  Records  of 
the  City  and  County  of  Albany]  was  read  the  Third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  regulate  the 
pilots,  and  establish  their  pilotage  between  Sandy  Hook  and  the  port  of  New  York,  and  other 
Purposes  therein  mentioned]  was  read  the  third  Time,  and 

On  the  Question  being  put 

Resolved  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  amend  and  further  to  continue  an  Act  entituled  An  Act  to  lay 
a  Duty  of  Tonage  on  Vessels  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook] 
was  read  the  third  Time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  amendment. 

The  Speaker  left  the  Chair,  and 

The  House  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  better  Determination  of  personal  Actions  depending  upon  Accounts]  and  after  some 
Time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  Bill,  made  several  Amendments  thereto,  which  he  read  in  his 
place,  and  then  delivered  said  Bill  with  the  Amendments  in  at  the  Table,  where  the  same  were 
again  read,  and  being  agreed  to  by  the  House 

Ordered,  that  the  Bill  with  the  Amendments  be  engrossed. 

A  Message  from  the  General  Assembly  by  Col  Schuyler  and  Mr  Mynderse  with  the  Bill 
Entituled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of 
Albany  for  the  Time  being  or  the  Major  part  of  them,  to  order  the  raising  a  sum  not  exceeding 
two  hundred  and  fifty  Pounds  for  the  uses  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  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  Tuesday  next  at  11  o  Clock  in  the  morning. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1667 

Tuesday,  the  thirteenth  day  of  December,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Engrossed  Bill  Entituled  [An  Act  for  the  better  Determination  of  personal  Actions 
depending  upon  Accounts]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  carry  the  Bill  to  the  General  Assemb'y  and  desire  their 
Concurrence. 

The  Bill  Entituled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  Time  being  or  the  Miijor  part  of  them,  to  order  the  raising  a  Sum  not 
exceeding  two  hundred  and  fifty  pounds  for  the  uses  therein  mentioned]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordr.rcd  a  third  reading. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  BrinkerhofF  wilh  the  Bill 
Entituled  [An  Act  further  to  continue  an  Act  entituled  An  Act  for  granting  to  his  Majesty  the 
several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Kleek  and  Col.  Philipse  with  the  Bill 
Entituled  [An  Act  to  amend  An  Act  entituled  An  Act  for  the  more  effectual  collecting  of  his 
Majesty's  Quit  Rents  in  the  Colony  of  New  York  and  for  partition  of  Lands  in  order  thereto] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Mr  De  Lancey  with  the  Bill 
Entituled  [An  Act  to  amend  An  Act  entituled  An  Act  to  enable  the  Inhabitants  of  the  Manor 
of  Cortlandt  in  the  County  of  Westchester  to  elect  two  additional  Constables,  and  also  to 
empower  the  Inhabitants  of  the  said  Manor  to  choose  an  additional  Number  of  Overseers  of  the 
Highways]  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. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Van  Kleek  with  the  Bill 
Entituled  [An   Act  to  prevent  Frauds  by  Bills  of  Sale  which  shall  be  made  and  executed  after 
the  first  day  of  March  in  the  year  of  our  Lord  One  thousand  seven  hundred  and  sixty  nine  in 
the  Counties  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  and 
Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1668  Journal  of  the  Legislative  Council  of  New  York.  ["£? 

Wednesday,  the  fourteenth  day  of  December,  1768. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  HonUe  ROGER  MORRIS,  Esqr,  Speaker, 

WILLIAM  SMITH,  Junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 

Thursday,  the  fifteenth  day  of  December,  1768. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honm  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  Junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Tuesday  next  at  11  o  Clock  in  the  Morning. 


Tuesday  the  twentieth  day  of  December,  1768. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  HonUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  time  being,  or  the  Major  part  of  them,  to  order  the  raising  a  sum  not 
exceeding  Two  hundred  and  fifty  pounds  for  the  uses  therein  mentioned]  was  read  the  third 
time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  amend  An  Act  intituled  An  Act  for  the  more  effectual 
collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York  and  for  Partition  of  Lands  in 
order  thereto]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  amend  An  Act  entituled  An  Act  to  enable  the  Inhabitants  of 
the  Manor  of  Cortlandt  in  the  County  of  Westchester  to  elect  two  additional  Constables  ;  and 
also  to  empower  the  Inhabitants  of  the  said  Manor  to  choose  an  additional  number  of  Overseers 
of  the  Highways]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  prevent  Frauds  by  Bills  of  Sale  which  shall  be  made  and 
executed  after  the  first  day  of  March  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
sixty  nine  in  the  Counties  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1669 

A  Message  from  the  General  Assembly  by  Mr  Brinkerhoff  and  Mr  Boerum  with  the  Bill 
Entituled  [An  Act  to  divide  Beekmans  Precinct  in  Dutches  County  into  two  Precincts  to  be 
called  Beekmans  Precinct  and  Paulings  Precinct]  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. 

A  Message  from  the  General  Assembly  by  Mr  Strong  and  Mr  Van  Cortlandt  with  the  Bill 
Entituled  [An  Act  to  prevent  the  use  of  Spirituous  Liquors  at  Vendues  in  the  County  of 
Orange]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Strong  with  the  Bill  entituled 
[An  Act  for  the  Releif  of  the  Poor  in  the  Counties  of  Ulster  and  Orange  and  to  enable  the 
Freeholders  and  Inhabitants  of  the  several  towns  and  precincts  thereof  to  elect  Overseers  of  the 
Poor  at  their  annual  meetings]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  be  read  the  first  time  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  at  11  o  Clock. 


Wednesday,  the  twenty  first  day  of  December,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonUa  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  divide  Beekmans  Precinct  in  Dutches  County  into  two 
Precincts  to  be  called  Beekmans  Precinct  and  Paulings  Precinct]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  prevent  the  use  of  Spirituous  Liquors  at  Vendues  in  the 
County  of  Orange]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  Releif  of  the  Poor  in  the  Counties  of  Ulster  and  Orange, 
and  to  enable  the  Freeholders  and  Inhabitants  of  the  several  Towns  and  Precincts  thereof  to 
elect  Overseers  of  the  Poor  at  their  annual  Meetings]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled 
[An  Act  further  to  continue  an  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  and  the  Bill  Entituled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and 
Commonalty  of  the  City  of  Albany  for  the  time  being,  or  the  major  part  of  them,  to  order  the 
raising  a  sum  not  exceeding  Two  hundred  and  fifty  Pounds  for  the  uses  therein  mentioned] 
without  any  amendment. 


1670  Journal  of  the  Legislative  Council  of  New   York.  [3^s\S- 

A  Message  from  the  General  Assembly  by  Mr  Wisner  and  Mr  Holland  with  the  Bill 
Entituled  [An  Act  to  enable  the  Supervizors  of  Orange  County  to  raise  the  sum  of  four  hundred 
and  ninety  five  Pounds  seventeen  Shillings  due  from  the  said  County  on  account  of  the  necessary 
and  contingent  Charges  thereof]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  amend  an  Act  entituled  An  Act  to  enable  the  Inhabitants  of  the  Manor  of  Cortlandt  in 
the  County  of  Westchester,  to  elect  two  additional  Constables,  and  also  to  empower  the 
Inhabitants  of  the  said  Manor  to  choose  an  additional  Number  of  Overseers  of  the  Highways] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  twenty  second  day  of  December,  1768. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honlle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  enable  the  Supervisors  of  Orange  County  to  raise  the  sum  of 
four  hundred  and  ninety  five  pounds  seventeen  shillings  due  from  the  said  County  on  account 
of  the  necessary  and  contingent  Charges  thereof]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  divHe  Beekmans  Precinct  in  Dutches  County  into  two  precincts  to  be  called  Beekmans 
Precinct  and  Pawlings  precinct]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  Relief  of  the  Poor  in  the  Counties  of  Ulster  and  Orange  and  to  enable  the 
Freeholdrrs  and  Inhabitants  of  the  several  Towns  and  Precincts  thereof  to  elect  Overseers  of 
the  Poor  nt  their  annual  meetings]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chuir,  and 

^  Mr  Smith  junr  from  the  Committee  of  the  whole  House,  in  his  Place  Reported  that  the 
Commee  had  gone  through  the  said  Bill  and  had  directed  him  to  report  the  same  without  any 
Amendment. 

Which  Lleport  on  the  Question  being  put  was  agreed  to  and  approved  of,   and  the  Bill 

Ordered  a  third  reading. 

The  Council  adjourned  till  Saturday  next  at  1 1  o  Clock  in  the  Morning. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1671 

Saturday,  the  twenty  fourth  day  of  December,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honm  DANIEL  HORSJIANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  Junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  amend  An  Act  entituled  An  Act  to  enable  the  Inhabitants  of 
the  Manor  of  Corilandt  in  the  County  of  Westchester  to  elect  two  additional  Constables;  and 
also  to  empower  the  Inhabitants  of  the  said  Manor  to  choose  an  additional  Number  of  Overseers 
of  the  Highways]  wns  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  divide  Beekmans  Precinct  in  Dutches  County  into  two 
Precincts  to  be  called  Beekmans  Precinct  and  Pawlings  Precinct]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

Tne  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  Frauds  by  Bills  of  Sale  which  shall  be  made  and  executed  after  the  first  day  of 
March  in  the  year  of  our  Lord  One  thousand  seven  hundred  and  sixty  nine  in  the  Counties 
therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

DISSENT 

I.  Because  if  this  Bill  passes  into  a  law,  it  will  discourage  Sales  in  writing ;  for  since  according 
to  the  Course  of  the  Common  Law,  personal  Property  is  transferable  by  Purol,  and  will  continue 
to  be  so  this  Bill   notwithstanding,  and  a  bona  fide  Sale  in  writing  may  be  defeated  by  the 
prior  registring  of  a  posterior  Sale,  Vendees  will  hereafter  for  their  greater  safety,  be  induced 
to  prefer  parol  to  written  Sales;  and  therefore 

II.  Because  this  Bill  by  urging  contracting  Parties  to  parol  Dealings  (which  are  in  general  the 
most  exceptionable)  tends  to  promote  Frauds,  Perjuries  and  Law  Suits,  and  while  it  appears 
designed  to  shut  out  some  Mischiefs,  opens  a  very  wide  Door  to  many  others. 

III.  Because  as  there  is  no  Precedent  of  a  similar  Statute  in  England,  and  it  is  highly  probable 
that  the  Wisdom  of  a  Nation,  so  long  experienced  in  all  the  Variety  and  Extent  of  Commerce, 
would  if  it  was  requisite  have  passed  such  a  Law,  a  strong  Presumption    thence  arises  against 
this  Innovation,  as  of  dangerous  or  at  least  of  doubtful  Tendency. 

IV.  Because  if  this  Bill  is  expedient,  it  must  be  as  much  so  to  every  part  of  the  Province,  as 
to  the  four  Counties  therein  named,  and  above  all  to  the  trading  City  of  New  York. 

Where  the  Reasons  are  the  same,  the  Law  ought  to  be  the  same,  but  this  Bill  creates  a 
Disparity,  where  there  are  no  local  Circumstances  to  make  a  Difference,  and  by  unnecessarily 
subjecting  People  of  the  same  Colony  to  various  Rules  is  partial  and  unequal,  and  is  regardless 
of  the  Benefits  flowing  from  a  uniformity  of  Legislation. 

V.  Because  this  Bill  reposes  too  great  a  Confidence  in  the  Clerks  of  Towns  and  Precincts, 
who,  as  they  are  chosen  annually  by  the  Inhabitants  of  scant  Districts,  have  but  little  to  do, 
and  are  generally  obscure,  illiterate  and  indigent  Persons  of  the  lowest  Class.     And  so  important 
a  Trust  as  the  forming  and  keeping  a  Register  concerning  Property,  and  the  Right  of  judging 
when  Entries  are  to  be  made  to  discharge  Contracts,  ought  to  be  committed  rather  to  the  Clerk 
of  the  County,  or  some  other  public  Patent  Officer  of  known  fixed  Residence,  who  may  be 
presumed  to  act  upon  higher  Principles,  and  have  more  skill,  and  be  better  able  to  answer  for 
his  Conduct ;    And 


1672  Journal  of  the  Legislative  Council  of  Neio   York.  Put'sS' 

Lastly,  Because  the  Bill  is  ambiguously  penned ;  and  for  the  Execution  of  its  own  Design 
exposes  Purchasers  to  needless  Trouble  and  Expence,  by  rendring  Registry  searches  necessary 
in  all  the  Towns  and  Precincts  of  a  County,  and  two  of  these  Counties  being  very  large,  and 
one  of  them  near  sixty  miles  long,  and  above  one  arid  twenty  miles  wide,  the  Inconvenience 
of  so  many  Registry  Offices  must  be  very  apparent 

WM  SMITH  junr. 

The  Bill  Entituled  [An  Act  for  the  Relief  of  the  Poor  in  the  Counties  of  Ulster  and  Orange, 
and  to  enable  the  Freeholders  and  Inhabitants  of  the  several  Towns  and  Precincts  thereof  to 
elect  Overseers  of  the  Poor  at  their  annual  Meetings]  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  enable  the  Supervisors  of  Orange  County  to  raise  the  sum  of  Four  hundred  and  Ninety 
five  Pounds  seventeen  Shillings  due  from  the  said  County,  on  account  of  the  necessary  and 
contingent  charges  thereof]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Col.  Seaman  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  for  making  a  farther  Provision  of  Eighteen  hundred  Pounds  for  furnishing  his  Majesty's 
Troops  quartered  in  this  Colony  with  Necessaries]  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. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Mynderse  with  the  Bill  Entituled 
[An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
first  day  of  January  in  the  year  of  our  Lord  One  thousand  seven  hundred  and  sixty  nine  to  the 
first  day  of  January  which  will  be  in  the  year  of  our  Lord  One  thousand  seven  hundred  and 
seventy  inclusive]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Miller  with  the  Bill  Entituled 
[An  Act  to  amend  an  Act  entituled  An  Act  for  regulating  clearing  arid  further  laying  out  publick 
Highways  throughout  the  City  and  County  of  Albany]  desiring  the  Concurrence  of  the  Council 
thereto. 

Ordered,  that  the  said  Bill  he  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  De  Lancey  with  the  Bill 
Entituled  [An  Act  to  appoint  an  Inspector  of  Hemp  in  the  County  of  Westchester]  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. 

A  Message  from  the  General  Assembly  by  MrDe  Witt  and  Mr  Walton  with  the  Bill  Entituled 
[An  Act  to  prevent  Disputes  and  Confusion  in  the  Township  of  Marbletown  in  the  County  of 
Ulster]  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  till  Monday  Morning  Ho  Clock. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1673 

Monday,  the  twenty  sixth  day  of  December,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonMe  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  prevent  the  use  of  Spirituous  Liquors  at  Vendues  in  the  County  of  Orange]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Bill  Entituled  [An  Act  for  making  a  further  provision  of  Eighteen  hundred  Pounds  for 
furnishing  his  Majesty's  Troops  quartered  in  this  Colony  with  Necessaries]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  day  of  January  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  sixty  nine  to  the  first  day  of  January  which  will  be  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  seventy  inclusive]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  to  amend  an  Act  entituled  An  Act  for  regulating  clearing  and 
further  laying  out  publick  Highways  throughout  the  City  and  County  of  Albany]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  to  appoint  an  Inspector  of  Hemp  in  the  County  of  Westchester] 
was  r?ad  the  second  time  and 
Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  prevent  Disputes  and  Confusion  in  the  Township  of  Marble 
Town  in  the  County  of  Ulster]  was  read  the  second  time  and 
Ordered  to  be  committed. 

The  Council  adjourned  till  4  o  Clock,  P.  M. 

210 


Journal  of  the  Legislative  Council  of  New  York. 

Monday,  the  twenty  sixth  day  of  December,  1768.     P.  M. 
The  Council  met  according  to  adjournment. 
PRESENT The  Honm  DANIEL  HORSMANDEN,  Esqr  Speaker, 


JOHN  WATTS, 
JOSEPH  KEADE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  making  a  further  Provision  of  Eighteen  hundred  Pounds  for 
furnishing  his  Majesty's  Troops  quartered  in  this  Colony  with  Necessaries]  was  read  the  third 
time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  and  the  Bill  Entituled  [An  Act  to  prevent  the  use  of  Spirituous  Liquors  at  Vendues  in 
the  County  of  Orange]  without  any  amendment. 

The  Council  adjourned  till  Wednesday  next  at  11  o  Clock  in  the  morning. 


Wednesday,  the  twenty  eighth  day  of  December,  1768. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hon*le  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  day  of  January  in  the  year  of  our  Lord  One  thousand  seven  hundred 
and  sixty  Nine  to  the  first  day  of  January  which  will  be  in  the  year  of  our  Lord  One  thousand 
seven  hundred  and  seventy  inclusive]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  amend  An  Act  entituled  An  Act  for  regulating  clearing  and 
further  laying  out  public  Highways  throughout  the  City  and  County  of  Albany]  was  read  the 
third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  junr  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Enlituled  [An 
Act  to  appoint  an  Inspector  of  Hemp  in  the  County  of  Westchester]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  plane  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  Disputes  and  Confusion  in  the  Township  of  Marbletown  in  the  County  of 
Ulster]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  directed  him  to  report  the  same  without  any  Amendment. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1675 

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

Ordered  a  third  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  twenty  ninth  day  of  December,  1768 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honb!°  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Mr  Kissam  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  empower  Justices  of  the 
peace,  Mayors  Recorders  &  Aldermen  to  try  Causes  to  the  value  of  five  pounds  and  under,  and 
fbr  repealing  an  Act  therein  mentioned]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  s^id  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Rapalje  and  Mr  De  Lancey  with  the  Bill  Entituled 
[An  Act  for  the  more  effectual  Extinguishment  of  Fires,  near  the  Ferry  in  the  Township  of 
Breucklin,  in  Kings  County]  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 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  nnd  Mr  Boerum  with  the  Bill  Entituled 
[An  Act  for  naturalizing  Coenrad  Shol,  Philip  Smith,  Adam  Bangel,  Henry  Smith,  Jacob 
Fiander,  Johannes  Shol,  John  Smith,  Leanhart  Cratser  Conrad  Heyney,  Henry  Hearing,  Philip 
Kole,  Fredrick  Heyney,  Johannes  Horteg,  William  Sobell,  William  Tiegel,  ChristofFel  Miller, 
Dirck  Van  Ingen,  ChristofFel  Sheerham,  Baltzer  Kern,  John  Wendell,  Jacob  Klyn,  Coenradt 
Klyn,  Jacob  Klyn  Junior,  Johannes  Felta,  Thomas  Kemp,  Henry  Redecker,  John  Kaine  and 
Michael  Salsbergh]  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. 

A  Message  from  the  General  Assembly  by  Colonel  Schuyler  and  Mr  Ten  Broeck  with  the  Bill 
Entituled  [An  Act  to  continue  An  Act  entituled  "An  Act  for  the  more  effectual  collecting  of 
his  Majestys  Quit  Rents  in  the  Colony  of  New  York,  and  for  Partition  of  Lands  in  order 
thereto"  And  also  to  continue  one  other  Act  entituled  "An  Act  to  explain  part  of  An  Act 
entituled  An  Act  for  the  more  effectual  collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of 
New  York  and  for  partition  of  Lands  in  order  thereto]  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  Bill  Entituled  [An  Act  to  appoint  an  Inspector  of  Hemp  in  the  County  of  Westchcster] 
was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  prevent  Disputes  and  Confusion  in  the  Township  of  Marble 
Town  in  the  County  of  Ulster]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Cap*  De  Lancey  and  Mr  Mynderse  with  the 
Engrossed  Bill  from  this  House  entituled  [An  Act  for  the  better  Determination  of  personal 
Actions  depending  upon  Accounts]  acquainting  this  House  that  the  General  Assembly  have 
passed  the  said  Bill  without  any  Amendment. 

The  Council  adjourned  till  4  o  Clock  in  the  afternoon. 


1676  Journal  of  the  Legislative  Council  of  New  York.  KB".*?.' 

Thursday,  the  twenty  ninth  day  of  December,  1768.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  empower 
Justices  of  the  peace  Mayors  Recorders  and  Aldermen,  to  try  Causes  to  the  Value  of  five  pouuds 
and  under,  and  for  repealing  An  Act  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  for  the  more  effectual  extinguishment  of  Fires,  near  the  Ferry  in 
the  Township  of  Breucklin  in  Kings  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  naturalizing  Coenrad  Shol,  Philip  Smith,  Adam  Bangel,  Henry 
Smith,  Jacob  Flander,  Johannes  Shol,  John  Smith,  Leanhart  Cratser,  Conrad  Heyney,  Henry 
Hearing,  Philip  Cole,  Frederick  Heyney,  Johannes  Horteg,  William  Sobell,  William  Tiegel, 
Christoffel  Miller,  Dirck  Van  Ingen,  Christoffel  Sheerham,  Baltzer  Kern,  John  Wendell,  Jacob 
Klyn,  Conradt  Klyn,  Jacob  Klyn  junior,  Johannes  Felta,  Thomas  Kemp,  Henry  Redecker, 
John  Kaine  and  Michael  Salsbergh]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  continue  An  Act  entituled  "An  Act  for  the  more  effectual 
collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York,  and  for  partition  of  Lands 
in  order  thereto"  And  also  to  continue  one  other  Act  entituled,  "An  Act  to  explain  part  of  An 
Act  entituled,  An  Act  for  the  more  effectual  collecting  of  his  Majesty's  Quit  Rents  in  the  Colony 
of  New  York,  and  for  partition  of  Lands  in  order  thereto"]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  11  o  clock  to  Morrow  Morning. 


Friday,  the  thirtieth  day  of  December,  1768. 
.  The  Council  met  according  to  adjournment. 

PRESENT —  The,  Honlle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRT  CRCGER,  Esq™- 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Holland  and  Mr  Miller  with  the  Bill  Entituled 
[An  Act  for  paying  the  Salaries  and  services  of  the  several  Officers  of  the  Government  from  the 
first  day  of  September  one  thousand  seven  hundred  and  sixty  eight  to  the  first  day  of  September 
one  thousand  seven  hundred  and  sixty  nine  and  other  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Kleeck  and  Mr  De  Lancey  with  the  Bill 
entituled  [An  Act  to  ascertain  part  of  the  Southern  and  Western  Boundaries  of  the  County  of 
West  Chester,  and  the  Eastern  Boundaries  of  the  County  of  Orange,  and  part  of  the  Northern 
Bounds  of  Queens  County]  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. 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1677 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Van  Cortlandt  with  the  Bill 
Entituled  [An  Act  to  prevent  Damages  by  Swine  in  the  Township  of  Marble  Town  in  the  County 
of  Ulster  and  in  the  precincts  of  Goshen  and  Cornwall  in  the  County  of  Orange]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Wisner  with  the  Bill  Entituled 
[An  Act  to  suspend  An  Act  intituled  An  Act  for  the  more  effectual  Preventing  of  Fires,  and 
for  regulating  of  Buildings  in  the  City  of  New  York;  and  to  indemnify  such  Persons  as  have 
incurred  the  Penalties  mentioned  in  the  said  Act]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [Au 
Act  further  to  continue  An  Act  entituled  An  Act  to  empower  Justices  of  the  Peace  Mayors 
Recorders  and  Aldermen  to  try  Causes  to  the  value  of  Five  pounds  and  under,  and  for  repealing 
An  Act  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  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. 

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. 

DISSENT 

First  Because  the  several  Acts  in  1754,  175S  and  1759  giving  Justices  of  the  Peace  the 
Cognizance  of  Civil  Causes  to  Five  pounds  (of  which  we  have  now  had  fourteen  years  experience) 
have  contributed  to  debase  the  Magistracy,  incouraged  Oppression,  Partiality  and  Perjury,  and 
promoted  Idleness,  Drunkenness  and  a  general  Dissolution  of  Manners. 

If  a  Justice  according  to  the  original  Nature  of  his  Office,  is  confined  to  the  Conservation  of 
the 'Peace,  that  admirable  Device  for  Strengthening  the  Government,  and  preventing  Disorders, 
by  calling  in  the  Aid  of  Men  of  Weight  in  the  Country  to  superintend  the  Morals  of  the  People, 
will  have  the  most  beneficial  Effects:  But  the  vast  surcharge  of  that  Office  with  those 
innumerable  Litigations  of  a  Civil  Nature  arising  among  the  lower  sort,  has  induced  the  principal 
Inhabitants  to  decline  serving  as  Justices,  and  in  a  Manner  compelled  Government  to  commit 
the  care  of  the  Counties  in  many  Instances  to  poor,  mean,  ignorant  and  unworthy  Persons,  of 
which  the  very  Act  now  to  be  continued  exhibits  Proof;  by  forbidding  the  Justices  who  are 
Tavern  keepers,  to  try  causes  in  their  own  Houses. 

Secondly  Because  even  upon  the  supposition  that  the  Act  to  be  continued  was  not  subject  to 
this  Capital  Objection,  it  is  very  exceptionable  upon  many  other  Accounts. 

I  In  not  prohibiting  Justices  from  holding  their  Courts  in  any  Tavern  whatsoever,  it  being 
most  notoriously  their  Practice  to  do  so  by  Compact  for  their  mutual  Interest  and  to  permit 
and  join  in  intemperate  Drinking  during  the  Trial,  to  the  Perversion  of  Justice  and  the 
increase  of  Perjury. 

II  In  not  excepting  Actions  of  Assault,  Battery  and  Slander  from  their  Cognizance  and  thus 
exposing  Plaintiff's  in  these  Causes,  who  where  the  Action  sounds  in  Damages,  can  swear 
to  no  precise  sum,  to  the  Loss  of  their  Costs,  which  in  the  latter  Case  more  especially  is 
contrary  to  Old  Acts  of  Parliament  extending  to  this  Colony. 

III  In  not  excepting  Causes  for  Annual  Rents,  Fees  of  Office,  and  Debt  for  Penalties  on   By 
Laws  &ca  dependent  upon  Questions  of  great  Intricacy  and  Importance  for  the  determination 
of  which  a  Justice  of  the  Peace  is  utterly  incompetent. 

IV  In  not  limiting  the  Jurisdiction  of  the  Justice  to  a  small  District,  instead  of  leaving  it 
commensurate  with  the  County,  and  hence  the  Instances  of  Persons  called  to  answer  for  a 
few  shillings  before  a  Justice,  forty  or  fifty  miles  from  their  usual  Abode. 

V  In  not  providing  against  unnecessary  Adjournments  of  these  petty  Courts,  which  occasion 
great  Vexation  and  Loss  of  Time  to  Parties,   Witnesses  and  Juries,  and  give  frequent 
Opportunities  for  Oppression. 
VI  In  enabling  a  Justice  to  proceed  if  he  pleases  against  a  Party  instantly  upon  the  Return 

of  the  Process  without  previous  Notice  of  the  Plaintiffs  Charge,  or  any  Imparlance. 
VII  In  not  prescribing  a  mode  of  proceeding,  which  tho'  summary  shall  not  be  precipitate,  but 
conformable  in  the  main  to  the  plain  and  fundamental  Principles  of  Law  and   natural 
Justice ;  as  is  usually  done  in  England  for  the  direction  of  Courts  for  small  Causes,  and 


1678  Journal  of  the  Legislative  Council  of  New  York.  [3Si!!s^"° 

particularly  in  the  Statute  regulating  the  Courts  Baron  of  Sheffield  and  Ecclesall  in 
Yorkshire. 

VIII  In   not  directing  some  kind  of  Minutes  or  short  Record  to  be  made  of  their  Proceedings, 
to  prevent  double  Recoveries,  and  enable  Executors  and  Administrators  to  support  their 
Pleas,  in  the  nature  of  Plene  Administravit  against  second  Demands. 
IX  In  not  providing  Defendants  the  Benefit  of  a  Discount,  or  of  bringing  Money  into  Court, 

and  thus  preventing  a  multiplicity  of  Suits. 

X  In  not  guarding  against  Litigiousness  on  the  one  hand,  by  preventing  the  Removal  and 
Delay  of  Causes  by  Writts  of  Error  and  Certiorari,  on  the  Penalty  of  Costs,  and  arbitrary 
and  despotic  Proceedings  on  the  other. 

XI  In  leaving  a  Plaintiff  at  Liberty  to  Apply  to  any  Justice  at  his  pleasure,  and  thus  to 
make  choice  of  him  who  is  most  likely  to  favour  his  cause,  in  preference  of  others  in 
the  vicinity  against  whom  he  can  have  no  legal  Objection. 

XII  In  not  prohibiting  the  Justices  from  appearing  as  Attornies  for  the  Parties  before  other 
Justices,  and  pleading  their  Causes  for  small  Fees;  and  such  is  the  sunken  state  of  the 
Magistracy,  that  this  is  a  common  Practice,  to  the  Scandal  of  the  Office,  and  the 
Encouragement  of  Maintenance  and  Barratry. 

For  all  which  Defects  and  many  others  too  tedious  to  be  enumerated,  this  Act  appears  to  me 
to  be  one  of  the  most  pernicious  Laws  that  can  be  contrived. 

Thirdly  Because  the  Act  to  be  continued  by  this  Bill  abridges  the  priviledges  granted  by 
several  Charters,  and  implicatively  repeals  the  Act  of  the  14  Ocr  1732,  which  confirms  the 
charter  to  the  city  of  New  York;  imposes  burdensome  Services  upon  the  Magistrates,  and 
diminishes  the  Value  of  the  Offices  of  all  the  Clerks  of  the  Cities  and  Counties  in  the  Colony 
(who  hold  their  Places  by  Patent)  without  any  llecompence  for  their  Losses. 

Lastly  Because  if  this  Bill  had  not  passed,  there  would  still  have  remained  Courts  for  the 
summary  Trial  of  Causes  as  far  as  to  forty  shillings,  pursuant  to  an  Act  of  the  13  Decr  1737,  and  a 
new  Act  would  probably  have  been  substituted  in  the  stead  of  the  present  Act,  which  gives  a 
Jurisdiction  to  rive  Pounds,  authorizing  the  appointment  of  Commissioners  in  every  County  for 
a  cheap  easy  safe  and  expeditions  determination  of  petty  Controversies,  which  by  relieving  the 
Magistracy  from  immoderate  Burdens,  would  have  rendered  the  Office  of  a  Justice  of  the  Peace 
more  acceptable  to  the  better  Class  of  People,  introduced  a  Spirit  of  Subordination  essential  to 
good  Government,  and  prevented  a  Train  of  Evils  Attendant  upon  the  Five  pound  Act  and  very 
detrimental  both  to  the  Crown  and  the  Subject. 

W"  SMITH  junr. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  more  effectual  Extinguishment  of  Fires  near  the  Ferry  in  the  Township  of  Breucklin 
in  Kings  County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Ciiair,  and 

Mr  Smith  junr  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  tiie  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  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  naturalizing  Coenrad  Shol,  Philip  Smith,  Adam  Bangel,  Henry  Smith,  Jacob  Flander, 
Johannes  Shol,  John  Smith,  L°anhart  Cratser,  Coenrad  Heyney,  Henry  Hearing,  Philip  Kole, 
Frederick  Heyney,  Johannes  Horteg,  William  Sobell,  William  Tiegel,  Christoffel  Miller,  Dirck 
Van  Ingen,  Chrisioffel  Sheerham,  Baltzer  Kern,  John  Wendell,  Jacob  Klyn,  Coenrad  Klyn, 
Jacob  Klyn  junior,  Johannes  Felta,  Thomas  Kemp,  Henry  Redecker,  John  Kaine,  and  Michael 
Salsbergh]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  Whole  House,  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. 

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. 

The  Speaker  left  the  Chair  and 


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1679 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  entituled  "  An  Act  for  the  more  effectual  collecting  of  his  Majesty's  Quit 
Bents  in  the  Colony  of  New  York,  and  for  partition  of  Lands  in  order  thereto"  And  also  to 
continue  one  other  Act  intituled  "  An  Act  to  explain  part  of  An  Act  entituled  An  Act  for  the 
more  effectual  collecting  of  his  Majestys  Quit  Rents  in  the  Colony  of  New  York  and  for 
partition  of  Lands  in  order  thereto"]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  4  o  Clock  this  afternoon. 


Friday,  the  thirtieth  day  of  December,  1768.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honl!*  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  paying  the  Salaries  and  services  of  the  several  Officers  of  the 
Government  from  the  first  day  of  September  one  thousand  seven  hundred  and  sixty  eight  to 
the  first  day  of  September  one  thousand  seven  hundred  and  sixty  nine,  and  other  services  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  ascertain  part  of  the  Southern  and  Western  Boundaries  of  the 
County  of  Westchester,  and  the  eastern  Boundaries  of  the  County  of  Orange,  and  part  of  the 
northern  Bounds  of  Queens  County]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  prevent  Damages  by  Swine  in  the  Township  of  Marbletown 
in  the  County  of  Ulster,  and  in  the  precincts  of  Goshen  and  Cornwall  in  the  County  of 
Orange]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  suspend  An  Act  entituled,  An  Act  for  the  more  effectual 
preventing  of  Fires  and  for  regulating  of  Buildings  in  the  City  of  New  York,  and  to  indemnify 
such  Persons  as  have  incurred  the  Penalties  mentioned  in  the  said  Act]  was  read  the  second 
time,  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Ten  Broeck  with  the  Bill 
entituled  [An  Act  for  amending  An  Act  entituled,  An  Act  directing  the  Executors  named  in 
the  last  Will  and  Testament  of  Abraham  De  Peyster  Esqr,  deceased,  late  Treasurer  of  this 
Colony,  and  Frederick  De  Peyster  Esqr  to  deliver  all  publick  Monies  in  their  hands  to  the 
present  Treasurer  of  this  Colony,  and  .for  other  purposes  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  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


1680  Journal  of  the  Legislative  Council  of  New  York.  [32'3t  B"™. 

Saturday,  the   thirty  first  day  of  December,  1768. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Ho?ilte  DANIEL  HORSMANDEN,  Esqr,  Speaker, 
JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  paying  the  Salaries  and  services  of  the  several  officers  of  the  Government,  from  the  first 
day  of  September  One  thousand  seven  hundred  and  sixty  eight,  to  the  first  day  of  September 
One  thousand  seven  hundred  and  sixty  nine  and  other  services  therein  mentioned]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  Eeport  on  the  Question  being  put  was  agreed  to  and  approv'd  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  ascertain  part  of  the  Southern  &  Western  Boundaries  of  the  County  of  Westchester, 
and  the  Eastern  Boundaries  of  the  County  of  Orange,  and  part  of  the  Northern  Bounds  of 
Queens  County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  damages  by  Swine  in  the  Township  of  Marbletown,  in  the  County  of  Ulster, 
and  in  the  precincts  of  Goshen  and  Cornwall  in  the  County  of  Orange]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  suspend  An  Act  entituled  An  Act  for  the  more  effectual  preventing  of  Fires,  and  for 
regulating  of  Buildings  in  tho  City  of  New  York,  and  to  indemnify  such  persons  as  have  incurred 
the  penalties  mentioned  in  said  Act]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

MrDe Lancey  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  s-ud  Bill  and  had  directed  him  to  report  the  same  without  nny  Amendment. 

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


1768.]  Sir  Henry  Moore,  Baronet,  Governor.  1681 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  Pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  for  amending  an  Act  entituled  An  Act  directing  the  Executors 
named  in  the  last  Will  and  Testament  of  Abraham  Depeyster  Esqr  deceased,  late  Treasurer  of 
this  Colony  and  Frederick  Depeyster  Esqr,  to  deliver  all  publick  Monies  in  their  Hands  to  the 
present  Treasurer  of  this  Colony,  and  for  other  purposes  therein  mentioned]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  of  this 
Province,  being  come  to  the  Council  Chamber,  the  Speaker  leaving  the  Chair,  his  Excellency  sent 
a  Message  by  the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly 
in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  both  Houses  was  pleased  to  give  his  Assent 
to  thirty  Bills  the  Titles  whereof  are  as  follow 

An  Act  for  making  a  further  Provision  of  Eighteen  hundred  Pounds  for  furnishing  his 
Majestys  Troops  quartered  in  this  Colony  with  Necessaries. 

An  Act  further  to  continue  An  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  for  paying  the  Salaries  and  Services  of  the  several  Officers  of  the  Government,  from 
the  first  day  of  September  One  thousand  seven  hundred  and  Sixty  eight  to  the  first  day  of 
September  One  thousand  seven  hundred  and  Sixty  nine  and  other  Services  therein  mentioned. 

An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony,  from  the 
first  day  of  January  in  the  year  of  our  Lord  One  thousand  seven  hundred  and  Sixty  nine,  to 
the  first  day  of  January  which  will  be  in  the  Year  of  our  Lord  One  thousand  Seven  hundred 
and  Seventy  inclusive. 

An  Act  to  continue  an  Act  entituled  "  An  Act  for  the  more  effectual  collecting  of  his  Majestys 
Quit  Rents  in  the  Colony  of  New  York,  and  for  Partition  of  Lands  in  Order  thereto ;"  and  also 
to  continue  one  other  Act  Entituled  "  An  Act  to  explain  part  of  An  Act  entituled  an  Act  for  the 
more  effectual  collecting  of  his  Majestys  Quit  Rents  in  the  Colony  of  New  York,  and  for 
Partition  of  Lands  in  order  thereto." 

An  Act  to  amend  and  further  to  continue  an  Act  entituled  An  Act  to  lay  a  Duty  of  Tonnage 
on  Vessels  for  defraying  the  Expence  of  the  Light  House  on  Sandy  Hook. 

An  Act  further  to  continue  an  Act  entituled  An  Act  to  regulate  the  Pilots  and  establish  their 
Pilotage  between  Sandy  Hook  and  the  Port  of  New  York,  and  other  Purposes  therein 
mentioned. 

An  Act  for  the  better  determination  of  Personal  Actions  depending  upon  Accounts. 

An  Act  for  amending  an  Act  entituled  an  Act  directing  the  Executors  named  in  the  last 
Will  and  Testament  of  Abraham  De  Peyster  Esqr  deceased,  late  Treasurer  of  this  Colony,  and 
Frederick  De  Peyster  Esqr,  to  deliver  all  Publick  Monies  in  their  Hands  to  the  present 
Treasurer  of  this  Colony  and  for  other  Purposes  therein  mentioned. 

An  Act  to  empower  the  Mayor,  Recorder  and  Aldermen  of  the  City  of  New  York  or  the 
Major  Part  of  them,  to  order  the  raising  a  sum  not  exceeding  Sixteen  hundred  Pounds  for  the 
Uses  therein  mentioned. 

An  Act  to  suspend  an  Act  entituled  An  Act  for  the  more  effectual  preventing  of  Fires  and 
for  regulating  of  Buildings  in  the  City  of  New  York  and  to  indemnify  such  Persons  as  have 
incurred  the  Penalties  mentioned  in  the  said  Act. 

211 


1682  Journal  of  the  Legislative  Council  of  New  York. 


Hh  Ausetni 
.at  Seen1  a. 


An  Act  further  to  increase  the  Number  of  Firemen  in  the  City  of  New  York. 

An  Act  to  enable  the  Mayor,  Recorder  Aldermen  and  Commonalty  of  the  City  of  Albany 
for  the  Time  being,  or  the  Major  Part  of  them  to  order  the  raising  a  Sum  not  exceeding  two 
hundred  and  fifty  Pounds  for  the  Uses  therein  mentioned. 

An  Act  to  amend  an  Act  entituled  An  Act  for  regulating,  clearing  and  further  laying  out 
publick  Highways  throughout  the  City  and  County  of  Albany. 

An  Act  for  the  preservation  and  Translation  of  the  Dutch  Records  of  the  City  and  County 
of  Albany. 

An  Act  to  raise  within  the  Township  of  Schenectady,  tha  Sum  of  two  hundred  and  twenty 
Seven  Pounds  ten  shillings  and  the  further  Sum  of  forty  four  Pounds  twelve  shillings  to  and 
for  the  Uses  therein  mentioned. 

An  Act  to  enable  the  Inhabitants  of  the  Manor  of  Livingston  to  choose  an  additional 
Assessor  and  two  Constables. 

An  Act  to  prevent  Frauds  by  Bills  of  Sale,  which  shall  be  made  and  executed  after  the  first 
day  of  March  in  the  Year  of  Our  Lord  One  Thousand  Seven  hundred  and  Sixty  Nine  in  the 
Counties  therein  mentioned. 

An  Act  to  amend  an  Act  entituled,  an  Act  for  the  more  effectual  destroying  of  Wolves  and 
Panthers  in  the  Counties  of  Ulster,  Dutches  and  Orange. 

An  Act  for  the  Releif  of  the  Poor  in  the  Counties  of  Ulster  and  Orange,  and  to  enable  the 
Freeholders  and  Inhabitants  of  the  several  Towns  and  Precincts  thereof,  to  elect  Overseers  of 
the  Poor  at  their  annual  Meetings. 

?  An  Act  to  ascertain  part  of  the  Southern  and  Western  Boundaries  of  the  County  of  West 
Chester,  and  the  Eastern  Boundaries  of  the  County  of  Orange,  and  part  of  the  Northern 
Bounds  of  Queens  County. 

An  Act  to  appoint  an  Inspector  of  Hemp  in  the  County  of  West  Chester. 

An  Act  to  amend  an  Act  entituled  an  Act  to  enable  the  Inhabitants  of  the  Manor  of 
Cortlandt  in  the  County  of  West  Chester,  to  elect  two  additional  Constables,  and  also  to 
impower  the  Inhabitants  of  the  said  Manor  to  choose  an  additional  Number  of  Overseers  of  the 
Highways. 

An  Act  to  enable  the  Supervisors  of  Orange  County  to  raise  the  Sum  of  four  hundred  and 
Ninety  five  Pounds  Seventeen  Shillings  due  from  the  said  County,  on  Account  of  the  necessary 
and  contingent  Charges  thereof. 

An  Act  to  prevent  the  Use  of  Spirituous  Liquors  at  Vendues  in  the  County  of  Orange. 

An  Act  to  prevent  Damages  by  Swine  in  the  Township  of  Marbletown  in  the  County  of 
Ulster,  and  in  the  Precincts  of  Goshen  and  Cornwal  in  the  County  of  Orange. 

An  Act  to  raise  a  Fund  for  defraying  Damages  done  by  Dogs  in  the  County  of  Richmond. 

An  Act  for  the  more  effectual  Extinguishment  of  Fires  near  the  Ferry  in  the  Township  of 
Breucklin  in  Kings  County. 

An  Act  to  prevent  Disputes  and  Confusion  in  the  Township  of  Marbletown  in  the  County  of 
Ulster. 

An  Act  for  Naturalizing  Coenrad  Shol,  Philip  Smith,  Adam  Bangel,  Henry  Smith,  Jacob 
Flander,  Johannes  Shol,  John  Smith,  Leanhart  Cratser,  Conrad  Heyney,  Henry  Hearing,  Philip 
Kole,  Fredrick  Heyney,  Johannes  Horteg,  William  Sobell,  William  Tiegel,  Christoffel  Miller, 
Dirck  Van  Ingen,  Christoffell  Sheerham,  Baltzer  Kern,  John  Wendell,  Jacob  Klyn,  Coenradt 
Klyn,  Jacob  Klyn  junior,  Johannes  Felta,  Thomas  Kemp,  Henry  Redecker,  John  Kaine,  and 
Michael  Salsbergh. 

After  which  the  said  Acts  were  published  in  the  usual   Manner,  and 
His  Excellency  the  Governor  having  left  the  Council  Chamber 
The  Speaker  resumed  the  Chair. 
The  Council  adjourned  till  Monday  next  at  5  o  Clock  in  the  Afternoon. 


1769.]  Sir  Henry  Moore,  Baronet,  Governor.  1683 

Monday,  the  second  day  of  January,  1769.*    Post  Meridiem. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honlle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  }unr, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  &  Governor  in  Chief  of  this 
province  came  to  the  Council  Chamber  and  sent  a  Message  by  the  Deputy  Secretary  requiring 
the  immediate  attendance  of  the  General  Assembly  in  the  Council  Chamber 

The  General  Assembly  attending  accordingly 

His  Excellency  the  Governor  was  pleased  to  Dissolve  the  General  Assembly  of  this  Province, 
by  a  Speech  in  the  words  following,  viz'. 

Gentlemen, 

The  Address  presented  to  me  on  the  23a  of  November  last,  in  answer  to  my  Message 
concerning  the  Riot  which  was  insolently  attempted  in  this  City  since  the  Meeting  of  the  House 
of  Assembly,  gave  me  the  most  Sanguine  Expectations,  that  the  present  Session  would  have 
terminated  with  Honour  to  yourselves  and  real  Benefit  to  your  Constituents.  The  general 
Abhorrence  without  Doors,  of  all  immoderate  Measures,  confirmed  me  in  these  Sentiments; 
and  it  is  with  the  utmost  concern  I  am  now  under  the  Necessity  of  expressing  myself  in  Terms, 
as  painful  and  disagreable  to  me,  as  they  possibly  can  be  to  the  House. 

The  extraordinary  Nature  of  certain  Resolves  lately  entered  on  your  Journals,  some  flatly 
repugnant  to  the  Laws  of  Great  Britain,  and  others  with  an  apparent  Tendency  to  give  Offence 
where  common  Prudence  would  avoid  it,  have  put  it  out  of  my  power  to  continue  this  Assembly 
any  longer. 

I  observe  by  your  Journals  that  you  have  prepared  Representations  of  the  State  of  the 
Colony,  to  be  presented  to  his  Majesty  ;  Claims  that  respect  the  Supremacy  of  Great  Britain, 
are  of  so  important  and  delicate  a  Nature,  that  every  Motive  of  Duty  and  Interest,  urge 
you  at  this  critical  Juncture  to  avoid  Offence,  and  conciliate  a  favourable  Audience  to  your 
Petitions :  From  the  late  Assurances  you  gave  me,  I  hope  they  are  expressed  in  such  Terms  of 
Decency  and  Respect  as  may  recommend  them  to  the  Royal  Ear  and  merit  the  Attention  of 
the  Parliament. 

For  my  own  part,  I  have  steadily  aimed  at,  and  shall  still  continue  my  Endeavours  to  promote 
the  prosperity  of  the  Colony,  and  I  cannot  help  lamenting  that  you  have  suffered  an  intemperate 
Heat  so  far  to  prevail  in  your  House,  that  my  Duty  forbids  me  to  countenance  your  present 
Conduct;  for,  after  you  had  once  resolved  to  lay  your  case  before  his  Majesty,  it  must  evidently 
appear  that  the  measures  you  have  since  pursued,  were  not  only  unnecessary,  but  in  the  present 
Exigency  of  Affairs  dangerous  to  the  Colony. 

I  still  entertain  so  good  an  Opinion  of  the  House  in  General,  that  I  am  willing  to  impute  these 
Proceedings  to  Error,  and  shall  in  my  Representations  of  them  to  his  Majesty  place  them  in  the 
properest  Light  to  prevent  as  far  as  lays  in  my  Power,  any  unfavourable  Misconceptions  of  the 
People  committed  to  my  Care,  and  do  that  Justice  which  is  required  at  my  Hands,  to  the  Many 
who  have  the  real  Interest  of  the  Country  at  Heart,  and  who  have  wished  to  see  fairer  Prospects 
of  Advantage  derived  to  the  Community  from  your  Session,  than  the  Conclusion  of  it  seems  to 
promise.  I  do  now  in  his  Majesty's  name  DISSOLVE  this  Assembly,  and  this  Assembly  is  hereby 
DISSOLVED  accordingly. 

»  The  date  in  the  Manuscript  is  2d  December,  1768  ;  manifestly  a  clerical  error. 


1684  Journal  of  the  Legislative  Council  of  New  York.  [si.tA.iem. 

PROVINCE  ) 
of        >  ss. 

New  York.  } 

MEMORANDUM  the  Writts  having  issued  Jor  the  Election  of  Representatives  to  seine 
in  a  General  Assembly  of  the  said  Province  of  New  York  thereby  appointed  to  be 
held  at  the  City  of  New  York  on  the  fourteenth  Day  of  February  in  the  year  of  our 
Lord  One  thousand  seven  hundred  and  Sixty  Nine,  in  the  Ninth  year  of  the  Reign 
of  our  Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

The  Council  met  accordingly  on  the  said  fourteenth  day  of  February  in  the  Council  Chamber 
in  the  City  Hall  in  the  City  aforesaid. 

PRESENT  DANIEL  HORSMANDEN, 

JOHN  WATTS, 

,,    OLIVER  DE  LANCEY, 
The  Hono*"    JogEpn  READE> 

ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

Where  being  assembled  together  with  such  of  the  Representatives  returned  to  serve  in  the 
said  General  Assembly  as  attended  on  the  same  Day  in  the  Assembly  Chamber :  His  Majesty's 
Writ  Patent  under  the  Great  Seal  of  the  said  Province,  proroguing  the  said  General  Assembly 
so  appointed  to  be  held  on  this  fourteenth  day  of  February  as  aforesaid,  until  the  fourth  Day  of 
April  now  next  ensuing,  was  by  the  Deputy  Clerk  of  the  Council  read  in  the  words  following 

GEORGE  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland,  KING 

Defender  of  the  Faith  and  so  forth. 

i 

To  Our  Welbeloved  and  Faithful  the  Members  of  Our  Council  of  Our  Province  of  New  York: 
And  to  Our  Beloved  and  Faithful  the  Representatives  of  Our  said  Province  Called  and  elected 
to  begin  and  hold  a  General  Assembly  of  Our  said  Province  at  Our  City  of  New  York  on  the 
fourteenth,  day  of  February  now  next  ensuing  and  to  each  of  you 

GREETING: 

WHEREAS  We  had  ordained  that  the  said  General  Assembly  should  be  held  at  the  Day 
and  Place  aforesaid,  and  had  commanded  you  by  our  several  Writs  to  be  present  at  the  City 
and  on  the  Day  aforesaid  to  assist  our  Captain  General  and  Governor  in  Chief  of  our  said 
Province  in  the  said  General  Assembly  of  our  said  Province.  Nevertheless  for  certain  Causes 
and  Considerations  us  hereunto  especially  moving,  We  have  thought  fit  to  prorogue  and  We  do 
hereby  prorogue  the  said  General  Assembly  until  the  fourth  day  of  April  now  next  ensuing:  so 
that  neither  you  nor  any  of  you  be  held  or  compelled  to  appear  on  the  said  fourteenth  day  of 
February  at  the  City  aforesaid  ;  For  we  do  will  that  you  and  each  of  you  thereof  towards  us 
be  discharged.  Commanding  and  by  these  presents  firmly  enjoining  you  and  every  of  you  and 
all  others  in  this  Part  interested  that  on  the  said  fourth  day  of  April  at  the  aforesaid  City  of 
New  York  you  personally  appear  and  be  present  to  assist  our  said  Captain  General  and  Governor 
in  Chief  in  the  General  Assembly  aforesaid. 

IN  TESTIMONY  WHEREOF  We  have  caused  these  our  Letters  to  be  made  patent. 
WITNESS  our  Trusty  and  Welbeloved  Sir  HENRY  MOORE  Baronet  Our  Captain 
General  and  Governor  in  Chief  in  and  over  our  Province  of  New  York  and 
the  Territories  depending  thereon  in  America,  Chancellor  and  Vice  Admiral 
of  the  same.  At  our  Fort  in  our  City  of  New  York  the  thirty  first  day  of 
January  One  thousand  seven  hundred  and  sixty  nine,  in  the  Ninth  year  of  our 
Reign. 

H:  MOORE. 

Passed  the  Secretary's  Office 
CLARKE. 


THIRTY-FIRST  ASSEMBLY    FIRST  SESSION. 

At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York, 
begun  and  holden  at  the  City  Hall  in  the  City  of  New  York  on  Tuesday  the  fourth 
day  of  April,  in  the  Ninth  year  of  the  Reign  of  our  Sovereign  Lord  George  the 
Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth:  and  in  the  year  of  our  Lord  One  thousand  seven  hundred 
and  sixty  Nine. 

The  General  Assembly  standing  prorogued  to  this  Day 
The  Council  met  accordingly. 

PRESENT — The  Honbte  DANIEL,  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPK, 
JOSEPH  READE, 
EOGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

His  Excellency  Sir  Henry  Moore  Baronet  Captain  General  and  Governor  in  Chief  of  this 
province,  being  come  to  the  Council  Chamber, 

The  Speaker  left  the  Chair,  and 

His  Excellency  sent  a  Message  by  the  Deputy  Secretary  requiring  the  immediate  attendance 
of  such  of  the  Representatives  returned  to  serve  in  this  present  General  Assembly  as  had  taken 
and  subscribed  the  Oaths  and  repeated  and  subscribed  the  Declaration  appointed  by  Law. 

Twenty  four  of  the  Representatives  so  qualifyed  appearing  accordingly  in  the  Council 
Chamber  his  Excellency  the  Governor  was  pleased  to  direct  them  to  return  to  the  Assembly 
Chamber  and  choose  a  speaker,  and  present  him  immediately  for  his  Excellency's  approbation. 

The  Members  of  the  General  Assembly  sworn  as  aforesaid  being  returned  to  the  Council 
Chamber,  acquainted  his  Excellency  that  in  pursuance  of  his  Direction,  they  had  chosen  John 
Cruger  Esqr,  as  their  Speaker,  whom  they  now  presented  for  his  Excellency's  approbation. 

His  Excellency  having  declared  his  approbation  of  the  said  John  Cruger  Esqr,  as  Speaker  of 
the  House  of  General  Assembly, 

Mr  Speaker  addressing  himself  to  his  Excellency,  after  a  short  apology  expressing  his  own 
Inabilities,  desired  in  Behalf  of  the  whole  House  that  their  Words  and  Actions  might  always 
meet  with  a  favourable  Construction.  That  the  Members  might  from  time  to  time  have  free 
access  to  his  Excellency  ;  and  that  they  and  their  servants  might  have  the  usual  privileges  and 
Protection  :  To  which  his  Excellency  was  pleased  to  answer,  that  they  might  depend  on  being 
maintained  in  all  their  Rights  and  priviledges,  as  fully  and  amply  as  they  had  at  any  time 
heretofore  enjoyed  them. 

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

His  Excellency  the  Governor  and  the  House  of  General  Assembly  having  left  the  Council 
Chamber, 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Excellency's  Speech  be  read. 

Then  the  Speech  was  read  and  ordered  to  be  entered  in  the  Journal  of  this  House,  and  the 
same  is  as  follows 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly 

The  services  for  the  Current  year  having  in  a  great  Measure  been  provided  for,  I  shall  avoid 
laying  before  you  any  Thing  which  might  prolong  your  session  at  this  inconvenient  season,  and 
confine  myself  intirely  to  such  Matters  as  will  require  your  immediate  attention. 

The  present  method  of  appointing  an  agent  to  sollicit  the  Affairs  of  this  Colony  in  England, 
being  liable  to  many  objections,  I  have  it  in  command  to  recommend  to  you  the  Rule  observed 
in  the  West  India  Islands,  Virginia,  Carolina  and  Georgia  as  the  only  proper  and  constitutional 


1686  Journal  of  the  Legislative  Council  of  New  York.  [3L1  *™%; 

Mode  by  which  any  Person  can  be  sufficiently  authorised  to  represent  the  Province  and  to  act 
for  it  in  all  Matters  which  concern  its  Interest  in  general  ;  This  has  been  usually  done  by  an 
Act  of  the  Governor  Council  and  Assembly,  specially  pass'd  for  that  purpose,  which  practice 
has  been  formerly  adopted  here. 

A  Regulation  of  this  kind  so  evidently  appears  to  be  calculated  for  the  publink  Benefit,  as  to 
require  nothing  farther  to  be  said  in  support  of  it,  and  a  Deviation  from  the  mode  approved  of 
in  other  Colonies,  may  in  future  create  great  Difficulty  and  Disappointment  in  transacting  the 
affairs  of  this  Province  both  in  office  and  Parliament. 

Gentlemen  of  the  General  Assembly 

By  the  Barrack  Masters  Accounts,  which  I  have  directed  to  be  laid  before  you,  it  will 
appear  that  the  greatest  pnrt  of  the  sum  granted  in  the  last  Session  for  the  support  of  his 
Majesty's  Troops  in  this  Province,  was  employed  in  paying  off  a  considerable  arrearage  due  to 
several  persons  for  Necessaries  furnished  by  them,  some  time  before  the  commencement  of  the 
session  in  which  that  appropriation  was  made.  This  obliges  me  to  lay  the  present  Deficiency 
before  you,  and  to  recommend  such  additional  provision  to  be  made  as  may  be  adequate  to  the 
service  required. 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly 

Whatever  you  may  have  to  propose  during  the  Course  of  your  session  for  the  publick  Benefit, 
will  always  meet  with  the  readiest  Concurrence  on  my  Part,  arid  I  shall  be  happy  to  co-operate 
with  you  in  every  Measure  for  promoting  his  Majesty's  service  and  the  advantage  of  the 
Province. 

H:  MOORE. 

Ordered,  that  his  Excellency's  Speech  be  forthwith  printed. 

Mr  De  Lancey  then  moved  that  an  humble  Address  might  be  presented  by  this  House  to  his 
Excellency  in  answer  to  his  Speech,  which  Motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  to  his  Excellency  accordingly. 

Ordered,  that  Mr  Apthorpe,  Mr  Wallace  and  Mr  White  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  a  Draft  of  the  said  Address,  and  that  they  prepare  and  bring  in  the  same 
to  Morrow  Morning. 

The  Council  adjourned  until  to  Morrow  Morning  10  o  clock. 


Wednesday,  the  fifth  day  of  April,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Hon11"  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Apthorpe  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  be 
presented  by  this  House  to  his  Excellency  in  answer  to  his  Speech  reported  that  the  Committee 
had  prepared  the  same,  which  he  read  in  his  place,  and  then  delivered  the  said  Draft  in  at  the 
Table,  where  the  same  was  again  read,  and  being  amended  was 

Ordered  to  be  engrossed. 

The  Engrossed  Address  to  his  Excellency  the  Governor  was  read  and  approved  of. 

Ordered,  that  the  Speaker  sign  the  said  Address,  and  the  Speaker  having  signed  the  same 
accordingly 

Ordered,  that  Mr  De  Lancey  and  Mr  Apthorpe  do  wait  on  his  Excellency  the  Governor,  and 
desire  to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  humble 
Address. 

The  said  Gentlemen  being  returned  reported,  that  they  had  waited  on  his  Excellency  the 
Governor  and  delivered  the  said  Message,  and  that  his  Excellency  had  been  pleased  to  say  he 
would  receive  the  Address  of  this  House  immediately  in  the  Council  Chamber  in  Fort  George. 

The  Speaker  left  the  Chair,  and  with 


1769.]  Sir  Henry  Moore,  Baronet,  Governor.  1687 

The  Council  proceeded  to  the  Council  Chamber  in  Fort  George  to  present  the  humble 
Address  of  this  House  to  his  Excellency  the  Governor;  and  being  returned, 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  Council  attended  his  Excellency  and  presented  to  him  the 
Address  of  this  House,  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  Journal  of  this  House  which 
are  as  follow 

To  his  Excellency  Sir  HENRY  MOORE  Baronet  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  to  the  same. 

The  humble  ADDRESS  of  the  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, 
return  your  Excellency  our  hearty  Thanks  for  your  Speech. 

We  shall  readily  concur  in  any  Measure  necessary  to  render  the  Office  of  Agent  to  sollicit  the 
Affairs  of  the  Colony  in  Great  Britain  more  efficacious,  and  to  prevent  any  Difficulties  or 
Disappointments  to  which  it  may  be  liable. 

Sensible  of  your  Excellency's  attention  to  the  publick  Welfare,  we  shall  at  all  Times  most 
chearfully  co-operate  with  you  in  promoting  His  Majesty's  Service  and  the  prosperity  of  the 
Province. 

By  Order  of  the  Council 

New  York  5lh  April  1769.  DANL   HORS.MANDEN  Speaker. 

His  EXCELLENCY'S  Answer. 
Gentlemen, 

I  return  you  my  hearty  Thanks  for  your  Address,  and  the  Assurances  you  have  given  me  of 
your  Readiness  to  promote  the  publick  Service. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Wednesday  the  Nineteenth  Instant  at  11  o  Clock  in  the  Morning. 


Wednesday,  the  nineeteenth  day  of  April,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honlle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  De  Lancey  with  the  Bill 
Entituled  [An  Act  to  revive  and  continue  An  Act  entituled  "  An  Act  for  regulating  the  Militia 
of  the  Colony  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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  M'  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  to  amend  An  Act  entituled  "  An  Act  to  prevent  the  Use  of  Spirituous 
Liquors  at  Vendues  in  Orange  County"  and  for  extending  the  same  with  such  Amendments  to 
Ulster  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  Brinckerhoff  and  Colonel  Philipse  with  the 
Bill  Entituled  [An  Act  for  dividing  Beekmans  Precinct  in  Dutches  County  into  two  Precincts 
the  one  to  be  called  Beekman's  and  the  other  Pawlings  Precinct]  desiring  the  concurrence  of 
the  Council  thereto. 


1688  Journal  of the  Legislative  Council  of  New  York.  Pi»t£e8"™' 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  Time  and 

Ordered,  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Mynderse  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  to  raise  within  the  Township  of  Schenectady  the  sum  of  two  hundred  and 
forty  two  pounds  eighteen  shillings  and  five  pence  one  farthing  and  the  farther  sum  of  forty 
four  pounds  twelve  shillings  for  the  Uses  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Brinckerhoff  with  the  Bill 
Entituled  [An  Act  to  amend  and  explain  the  thirteenth  section  of  an  Act  entituled  "  An  Act  to 
divide  the  southern  part  of  the  County  of  Ulster  into  precincts,  and  to  enable  the  Corporation 
of  Kingston  and  the  Manor  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  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. 


Thursday  (he  twentieth  day  of  April,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honble  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esqr<. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  revive  and  continue  An  Act  entituled  "  An  Act  for  regulating 
the  Militia  of  the  Colony  of  New  York"]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  amend  an  Act  entituled  "An  Act  to  prevent  the  use  of  Spirituous 
Liquors  at  Vendues  in  Orange  County"  and  for  extending  the  same  with  such  Amendments  to 
Ulster  County]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  for  dividing  Beekmans  Precinct  in  Dutches  County  into  two 
precincts  the  one  to  be  called  Beekman's  and  the  other  Pawling's  Precinct]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  raise  within  the  Township  of  Schenectady  the  sum  of  two 
hundred  and  forty  two  pounds  eighteen  shillings  and  five  pence  one  farthing,  and  the  further 
sum  of  forty  four  pounds  twelve  shillings  for  the  uses  therein  mentioned]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  amend  and  explain  the  thirteenth  section  of  an  Act  entituled 
"  An  Act  to  divide  the  southern  part  of  the  County  of  Ulster  into  Precincts,  and  to  enable  the 
Corporation  of  Kingston  and  the  Manor  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  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1769.]  Sir  Henry  Moore,  Baronet,  Governor.  1689 

Friday,  the  twenty  first  day  of  April  1769 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hontle  DANIEL  HORSMANDEN,  Esqr,  Speaker. 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
to  revive  &  continue  an  Act  entituled  "An  Act  for  regulating  the  Militia  of  the  Colony  of  New 
York"]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Billj 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  amend  An  Act  entituled  "An  Act  to  prevent  the  use  of  Spirituous  Liquors  at  Vendues  in 
Orange  County  "  and  for  extending  the  same  with  such  Amendments  to  Ulster  County]  and  after 
some  lime  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  dividing  Beekmans  Precinct  in  Dutches  County  into  two  precincts,  the  one  to  be  called 
Beekman's  and  the  other  Pawlings  precinct]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  raise  within  the  Township  of  Schenectady  the  sum  of  Two  hundred  and  forty  two 
Pounds  eighteen  shillings  and  five  pence  one  farthing,  and  the  farther  sum  of  forty  four  pounds 
twelve  shillings  for  the  uses  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Reade  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  amend  and  explain  the  thirteenth  section  of  an  Act  entituled  "  An  Act  to  divide  the 
southern  part  of  the  County  of  Ulster  into  precincts,  and  to  enable  the  Corporation  of  Kingston 
and  the  Manor  of  Fox  Hall  to  chuse  and  elect  one  Supervisor  more,  and  for  regulating  the 
Supervisors  and  Assessors  within  the  said  County"]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading. 

The  Council  adjourned  till  Tuesday  next  at  11  o  Clock  in  the  Morning. 
212 


1690  Journal  of  the  Legislative  Council  of  New  York.  [^  £;•?£• 

Tuesday,  the  twenty  fifth  day  of  April,  1769. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honm  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
JOSEPH  READE, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Schuyler  and  Mr  Tenbroeck  with  the  Bill 
Entituled  [An  Act  more  effectually  to  provide  for  necessary  Highways  in  the  County  of  Albany] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Broeck  and  Mr  Gale  with  the  Bill  Entituled 
[An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Manor  of  Renselaerwyck  to  elect  six 
Assessors,  three  Collectors,  eight  Constables,  two  Clerks,  Pound  masters,  Fence  Viewers  and 
Surveyors  of  the  Highways]  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  till  Thursday  next  at  11  o  Clock  in  the  morning. 


Thursday,  the  twenty  seventh  day  of  April,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honlle  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  revive  and  continue  An  Act  entituled  "  An  Act  for  regulating 
the  Militia  of  the  Colony  of  New  York  "]  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  amend  an  Act  entituled  "An  Act  to  prevent  the  use  of  spirituous 
Liquors  at  Vendues  in  Orange  County  "  and  for  extending  the  same  with  such  Amendments  to 
Ulster  County]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolvrd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  any  Amendment. 

The  Bill  Entituled  [An  Act  for  dividing  Beekmans  Precinct  in  Dutches  County  into  two 
Precincts,  the  one  to  be  called  Beekrnans  and  the  other  Paulings  Precinct]  was  read  the  third 
time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  raise  within  the  Township  of  Schenectady  the  sum  of  two 
hundred  and  forty  two  Pounds  eighteen  Shillings  and  five  pence  one  farthing,  and  the  further 


1769.J  Sir  Henry  Moore,  Baronet,  Governor.  1691 

sum  of  Forty  four  pounds  twelve  shillings  for  the  uses  therein  mentioned]  was  read  the  third 
time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entituled  [An  Act  to  amend  and  explain  the  thirteenth  section  of  an  Act  entituled 
"  An  Act  to  divide  the  Southern  part  of  the  County  of  Ulster  into  precincts  and  to  enable  the 
Corporation  of  Kingston  and  the  Manor  of  Fox  Hall  to  chuse  and  elect  one  Supervisor  more, 
and  for  regulating  the  Supervisors  and  Assessors  within  the  said  County]  was  read  the  third 
time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House,  hath  passed  the 
said  three  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Col.  Philipse  and  Mr  Van  Cortlandt  with  the  Bill 
Entituled  [An  Act  to  enable  the  Supervisors  of  the  County  of  Westchester  to  raise  the  Arrears 
of  Taxes  due  from  the  said  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Billop  with  the  Bill  Entituled 
[An  Act  further  to  continue  An  Act  entituled  "  An  Act  to  restrain  the  feeding  and  burning  the 
Grass  and  cutting  the  Timber  on  certain  Beaches  and  Islands  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Brinckerhoff  and  Col.  Woodhull  with  the  Bill 
Entituled  [An  Act  to  compel  the  late  Treasurer  of  the  County  of  Dutches  to  account  for  divers 
sums  of  Money  which  have  heretofore  been  received  by  him  by  virtue  of  two  certain  Acts  of 
the  Lieutenant  Governor,  the  Council  and  General  Assembly  of  this  Colony  of  New  York  one 
of  them  entituled  [An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York]  made  and 
passed  in  the  twenty  eighth  year  of  the  Reign  of  his  late  Majesty  King  George  the  Second  and 
the  other  entituled  [An  Act  to  continue  an  Act  entituled  "  An  Act  for  regulating  the  Militia  of 
the  Colony  of  New  York  with  some  Additions  thereto]  made  and  passed  in  the  twenty  ninth 
year  of  his  late  Majesty  King  George  the  Second]  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  Bill  Entituled  [An  Act  more  effectually  to  provide  for  necessary  Highways  in  the  County 
of  Albany]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Manor  of 
Renselaerwyck  to  elect  six  Assessors,  three  Collectors,  eight  Constables,  two  Clerks,  Pound 
Masters,  Fence  Viewers, "and  Surveyors  of  the  Highways]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twenty  eighth  day  of  April,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honlle  OLIVER  DE  LANCEY,  Esqr,  Speaker, 

JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  enable  the  Supervisors  of  the  County  of  Westchester  to  raise 
the  Arrears  of  Taxes  due  from  the  said  County]  was  read  the  second  time  and 
Ordered  to  be  committed. 


1692  Journal  of  the  Legislative  Council  of  New  York.  [^  £'£"; 

The  Bill  Entituled  [An  Act  further  to  continue  An  Act  entituled  "  An  Act  to  restrain  the 
feeding  and  burning  the  Grass  and  cutting  the  Timber  on  certain  Beaches  and  Islands  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  compel  the  late  Treasurer  of  the  County  of  Dutches  to 
account  for  divers  sums  of  Money  which  have  heretofore  been  received  by  him  by  virtue  of  two 
certain  Acts  of  the  Lieutenant  Governor,  the  Council  and  General  Assembly  of  this  Colony  of 
New  York,  one  of  them  intituled  [An  Act  for  regulating  the  Militia  of  the  Colony  of  New 
York]  passed  in  the  twenty  eighth  year  of  the  Reign  of  his  late  Majesty  King  George 
the  Second,  and  the  other  intituled  [An  Act  to  continue  An  Act  intituled  "An  Act  for  regulating 
the  Militia  of  the  Colony  of  New  York  with  some  Additions  thereto]  passed  in  the  twenty  ninth 
year  of  his  late  Majesty  King  George  the  Second]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  CJcuacil  adjourned  till  Tuesday  Morning  11  o  Clock. 


Tuesday,  the  second  day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honu>  DANIEL  HORSJIANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  byJVIr  De  Lancey  and  Colonel  Woodhull  with  the  Bill 
Entituled  [An  Act  for  the  better  and  more  effectual  collecting  of  Taxes  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Mynderse  with  the  Bill 
Entituled  [An  Act  to  amend  an  Act  intituled  "  An  Act  more  effectually  to  prevent  the  killing  of 
Deer  and  firing  of  Woods  within  this  Colony"  and  also  to  amend  An  Act  intituled  "  An  Act  to 
prevent  the  Destruction  of  Deer  by  Blood  Hounds  or  Beagles  in  the  Counties  of  Albany  Ulster 
and  Orange,"  so  far  as  the  said  two  Acts  respect  the  Counties  of  Ulster  and  Orange]  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Jauncey  with  the  Bill  Entituled 
[An  Act  declaring  that  all  Persons  of  foreign  Birth  heretofore  inhabiting  within  this  Colony, 
and  dying  seized  of  any  Lands  Tenements  or  Hereditaments  shall  be  for  ever  hereafter  deemed 
taken  and  esteemed  to  have  been  naturalized ;  and  for  naturalizing  all  Protestants  of  foreign 
Birth  now  inhabiting  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. 

A  Message  from  the  General  Assembly  by  Col.  Seaman  and  Mr  Kissam  with  the  Bill  Entituled 
[An  Act  to  empower  Justices  of  the  Peace  Mayors  Recorders  and  Aldermen  to  try  Causes  to 
the  Value  of  Ten  Pounds  and  under  and  for  suspending  an  Act  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  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Col  Schuyler  with  the  Bill 
Entituled  [An  Act  to  settle  and  ascertain  the  Northern  Limits  of  the  County  of  Ulster]  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. 


1769.]  Sir  Henry  Moore,  Baronet,  Governor.  1693 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Van  Cortlandt  with  the  Bill 
Entituled  [An  Act  for  settling  the  Contested  Boundaries  between  the  patented  Lands  commonly 
called  Cheescocks  and  Kakiate  in  the  county  of  Orange]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Manor  of  Renselaerwyck  to  elect  six 
Assessors,  three  Collectors,  eight  Constables,  two  Clerks,  Pound  masters,  Fence  Viewers  and 
Surveyors  of  the  Highways]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Supervisors  of  the  County  of  Westchester  to  raise  the  Arrears  of  Taxes  due 
from  the  said  County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chiiir,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  An  Act  entituled  "  An  Act  to  restrain  the  feeding  and  burning  the  Grass 
and  cutting  the  timber  on  certain  Beaches  and  Islands  therein  mentioned]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
said  three  Bills  without  any  Amendment. 

The  Council  adjourned  till  Thursday  Morning  11  o  Clock. 


Thursday,  the  fourth  day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honble  DANIEL  HORSJIANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

William  Wickham  Esqr  attending  without,  and  having  something  to  offer  to  this  House,  he 
was  called  in  and  presented  to  the  House  a  Petition  of  Evart  Wynkoop  and  William  Dederick 


1694  Journal  of  the  Legislative  Council  of  New  York.  [3iSt  sS1 

in  behalf  of  themselves  and  others  Inhabitants  of  the  southern  part  of  the  County  of  Albany, 
settino-  forth,  that  the  petitioners  have  been  informed  that  a  Bill  Entituled  [An  Act  to  settle 
and  ascertain  the  Northern  Limits  of  the  County  of  Ulster]  has  been  sent  up  to  this  House  for 
their  Concurrence,  which  the  petitioners  conceive  if  passed  into  a  Law  will  infringe  the 
Prerogative  of  the  Crown  and  greatly  prejudice  his  Majesty's  Rights  as  well  as  the  Interest  of 
the  Petitioners  and  many  others ;  and  therefore  humbly  praying  they  may  be  permitted  to  take 
a  copy  of  the  said  Bill  and  that  a  day  may  be  appointed  for  them  to  be  heard  against  the  same. 

And  the  said  William  Wickham  being  withdrawn 

Ordered,  that  the  Petitioners  be  at  liberty  to  take  a  copy  of  the  said  Bill,  and  that  they  be 
heard  by  themselves  or  Council  against  the  passing  of  the  same,  and  that  such  Hearing  be  had 
before  this  H3use  on  Tuesday  next. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  De  Noyelles  with  the  Bill 
entituled  [An  Act  the  better  to  ascertain  the  Quality  of  Pot  and  Pearl  Ashes]  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  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  fifth  day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honlli  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
HENRY  CRUGER, 
HENRY  WHITE,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  declaring  that  all  Persons  of  foreign  Birth  heretofore  inhabiting 
within  this  Colony  and  dying  seized  of  any  Lands  Tenements  or  Hereditaments  shall  be  forever 
hereafter  deemed  taken  and  esteemed  to  have  been  naturalized,  and  for  naturalizing  all 
Protestants  of  foreign  Birth  now  inhabiting  within  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  impower  Justices  of  the  peace  Mayors  Recorders  and 
Aldermen  to  try  Causes  to  the  Value  of  Ten  Pounds  and  under,  and  for  suspending  An  Act 
therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  settle  and  ascertain  the  Northern  Limits  of  the  County  of 
Ulster]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  for  setling  the  contested  Boundaries  between  the  patented  Lands 
commonly  called  Cbeescocks  and  Kakiate  in  the  County  of  Orange]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  the  better  to  ascertain  the  Quality  of  Pot  and  Pearl  Ashes] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  better  and  more  effectual  collecting  of  Taxes  in  the  City 
of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  amend  An  Act  entituled  "  An  Act  more  effectually  to  prevent 
the  killing  of  Deer  and  firing  of  woods  within  this  Colony,"  and  also  to  amend  An  Act  entituled 
"  An  Act  to  prevent  the  Destruction  of  Deer  by  Blood-Hounds  or  Beagles  in  the  Counties  of 
Albany  Ulster  and  Orange,"  so  far  as  the  said  two  Acts  respect  the  Counties  of  Ulster  and 
Orange"]  was  read  the  second  time  and 

Ordetcd  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1769.]  Sir  Henry  Moore,  Baronet,  Governor.  1695 

Saturday,  the,  sixth  day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Schuyler  and  Colonel  Philips  with  the 
Bill  Entituled  [An  Act  for  emitting  the  sum  of  one  hundred  and  twenty  thousand  Pounds  in 
Bills  of  Credit  to  be  put  out  on  Loan  and  to  appropriate  the  Interest  arising  thereon  to  the 
Payment  of  the  Debts  of  this  Colony  and  to  such  publick  Exigencies  as  the  Circumstances  of 
this  Colony  may  from  time  to  time  render  necessary]  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. 

A  Message  from  the  General  Assembly  by  Colonel  Woodhull  and  Mr  Boerum  with  the  Bill 
Entituled  [An  Act  further  to  continue  the  several  Acts  therein  mentioned  respecting  the 
Highways  in  the  County  of  Suffolk]  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  till  Tuesday  next  at  11  o  Clock  in  the  Morning. 


Tuesday,  the  ninth  day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

The  Honble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Ten  Broeck  with  the  Bill 
Entituled  [An  Act  for  regulating  the  sale  of  Goods  to  be  sold  at  publick  Vendue  Auction  or 
Outcry  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. 

A  Message  from  the  General  Assembly  by  Col  Philipse  and  Mr  Billop  with  the  Bill  Entituled 
[An  Act  for  preventing  suits  being  brought  in  the  Supreme  Court  of  this  Colony  for  any  sums 
not  exceeding  one  hundred  Pounds]  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  Bill  Entituled  [An  Act  for  emitting  the  sum  of  One  hundred  and  Twenty  thousand 
Pounds,  in  Bills  of  Credit  to  be  put  out  on  Loan,  and  to  appropriate  the  Interest  arising  thereon 


1696  Journal  of  the  Legislative  Council  of  New  York.  [3ift  £c!888e™; 

to  the  payment  of  the  Debts  of  this  Colony,  and  to  such  publick  Exigencies  as  the  Circumstances 
of  this  Colony  may  from  Time  to  Time  render  necessary]  was  read  the  second  time  and 

Ordered  to  be  committed. 

Ths  Bill  Entituled  [An  Act  further  to  continue  the  several  Acts  therein  mentioned  respecting 
the  Highways  in  the  County  of  Suffolk]  was  read  the  second  time  and 

Ordered  to  be  committed. 

William  Wickham  Esqr  of  Council  for  Evert  Wynkoop  and  William  Dederick,  Petitioners  in 
behalf  of  themselves  and  others  against  the  Bill  brought  to  this  House  from  the  General  Assembly 
entituled  [An  Act  to  settle  and  ascertain  the  Northern  Limits  of  the  County  of  Ulster]  attending 
without  in  order  to  be  heard  against  the  said  Bill,  according  to  the  Order  of  this  House  on  the 
fourth  Instant,  the  said  William  Wickham  was  called  in,  and  the  Doors  being  set  open,  and 
the  said  William  Wickham  having  been  fully  heard  as  to  the  objections  against  the  passing  of 
the  said  Bill  withdrew. 

The  Council  adjourned  till  to  Morrow  Morning  10  o  Clock. 


Wednesday,  the  tenth  day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVEK  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  regulating  the  sale  of  Goods  to  be  sold  at  publick  Vendue 
Auction  or  Outcry  within  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  preventing  suits  being  brought  in  the  Supreme  Court  of  this 
Colony  for  any  sums  not  exceeding  one  hundred  Pounds]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  compel  the  late  Treasurer  of  the  County  of  Dutches  to  account  for  divers  sums  of  Money 
which  have  heretofore  been  received  by  him  by  virtue  of  two  certain  Acts  of  the  Lieutenant 
Governor,  the  Council  and  General  Assembly  of  this  Colony  of  New  York,  one  of  them  intituled 
[An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York]  made  and  passed  in  the 
twenty  eighth  year  of  the  Reign  of  his  late  Majesty  King  George  the  Second  ;  and  the 
other  intituled  [An  Act  to  continue  An  Act  intituled  "An  Ace  for  regulating  the  Militia  of  the 
Colony  of  New  York  with  some  additions  thereto]  made  and  passed  in  the  twenty  ninth  year 
of  his  late  Majesty  King  George  the  Second]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Speaker  left  the  Chair  arid 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  better  and  more  effectual  collecting  of  Taxes  in  the  City  of  New  York]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Delancey  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  suid  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 


1769.]  Sir  Henry  Moore,  Baronet,  Governor.  1697 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
said  two  Bills  without  any  amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  amend  an  Act  entituled  [An  Act  more  effectually  to  prevent  the  killing  of  Deer,  and 
firing  of  woods  within  this  Colony]  and  also  to  amend  An  Act  intituled  [An  Act  to  prevent  the 
Destruction  of  Deer  by  Blood  hounds  or  Beagles  in  the  Counties  of  Albany  Ulster  &  Orange] 
so  far  as  the  said  two  Acts  respect  the  Counties  of  Ulster  and  Orange]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  setling  the  contested  Boundaries  between  the  patented  Lands  commonly  called 
Cheescocks  and  Kakiate  in  the  County  of  Orange]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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  Mr  Reade  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Col.  Philipse  and  Col.  Schuyler  desiring  to  know 
what  progress  this  House  have  made  in  the  Bill  Entituled  [An  Act  more  effectually  to  provide 
for  necessary  Highways  in  the  County  of  Albany] 

In  Answer  to  the  said  Message 

Ordered,  that  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  said  Bill  hath  been 
twice  Read  and  is  now  under  Commitment. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Ten  Eyck  with  the  Bill  Entituled 
[An  Act  to  Amend  and  render  more  effectual  An  Act  entituled  "An  Act  for  preventing  Frauds  by 
Mortgages  which  shall  be  made  and  executed  after  the  first  day  of  June  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  fifty  four]  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. 

A  Message  from  the  General  Assembly  by  Col  Woodhull  and  Captain  Seaman  with  the 
Bill  Entituled  [An  Act  to  amend  An  Act  entituled  "An  Act  for  fixing  the  places  of  Elections  of 
Representatives  in  Orange  and  Suffolk  Counties  "  so  far  as  the  same  relates  to  the  County  of 
Suffolk]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  the  several  Acts  therein  mentioned  respecting  the  Highways  in  the 
County  of  Suffolk]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 
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. 
The  Speaker  left  the  Chair,  and 

213 


1698  Journal  of  the  Legislative  Council  of  New  York.  [sl 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  empower  Justices  of  the  peace,  Mayors,  Recorders  and  Aldermen  to  try  Causes  to  the 
Value  of  Ten  pounds  and  under,  and  for  suspending  an  Act  therein  mentioned]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  this  House  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  10  o  Clock. 


Thursday,  the  eleventh  day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hon*lt  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUDER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  amend  and  render  more  effectual  An  Act  entituled  "An  Act 
for  preventing  Frauds  by  Mortgages  which  shall  be  made  &  executed  after  the  first  day  of  June 
in  the  year  of  our  Lord  One  thousand  seven  hundred  and  Fifty  four"]  was  read  the  second  time  & 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  amend  An  Act  entituled  [An  Act  for  fixing  the  places  of 
Election  of  Representatives  in  Orange  and  Suffolk  Counties]  so  far  as  the  same  relates  to  the 
County  of  Suffolk]  was  read  the  second  time  and 

Ordered  to  be  committed. 

Mr  Smith  junr  took  his  Seat. 

A  Message  from  the  General  Assembly  by  Colonel  Schuyler  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  to  enable  every  Church  or  Congregation  of  Reformed  Protestants,  that  are  or 
hereafter  may  be  set  up  in  that  part  of  this  Colony  which  lies  to  the  Northward  of  the  Counties 
of  Dutches  and  Ulster  without  Discrimination,  to  take  and  hold  real  Estates  to  the  Value  of 
one  hundred  Pounds  Sterling  ^  Annum,  given  to  them  for  the  support  of  the  Gospel,  and  for 
the  use  of  Schools  for  the  Instruction  of  youth]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  third  time  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  settle  and  ascertain  the  Northern  Limits  of  the  County  of  Ulster]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

The  Speaker  then  put  the  Question 

Whether  the  said  Bill  should  be  read  the  third  time?  and 

It  passed  in  the  Negative. 

The  Speaker  then  put  the  Question 

Whether  the  said  Bill  should  be  rejected?  and 

It  passed  in  the  Affirmative. 

Resolved,  that  the  said  Bill  be  rejected  accordingly. 


1769.]  Sir  Henry  Moore,  Baronet,  Governor.  1699 

DISSENTIENT 

I.  Because  the  Law  of  this  Colony  passed  on  the  first  day  of  October  1691  intitled  [An  Act 
to  divide  the  Province  and  Dependencies  into  Shires  and  Counties]  is  so  ambiguously  worded 
in  the  Clauses  for  ascertaining  the  Bounds  of  the  Counties  of  Albany  and  Ulster,  as  to  give  rise 
for  two  Constructions  relative  to  the  Partition  between  them  on  the  side  of  Hudson's  River, 
which  are  so  wide  from  each  other,  that  if  they  are  to  be  extended  westerly  to  Delaware 
River;    there   are  several   hundred    thousand    acres   between   them,   subject   to   a   doubtful 
Jurisdiction. 

II.  Because  there  are  many  ancient  and  valuable  Settlements  on  the  Lands  affected  by  this 
uncertainty,  which  has  for  many  years  past  been  a  fruitfull  Source  of  Contention  between  the 
Inhabitants  of  that  Quarter,  and  exposes  Officers  and  Ministers  of  Justice,  to  Expence,  Damage 
and  many  Inconveniencies. 

III.  Because  as  the  innumerable  ill  Consequences  both  to  the  Crown  and  the  Subject  of  a 
doubtful  Jurisdiction  created  by  Act  of  Legislation,  cannot  be  removed  by  less  than  a  Legislative 
Authority,  and  this  is  the  first  Bill  that  has  been  passed  by  the  House  of  Assembly  for  that  purpose 
with  respect  to  the  Counties  of  Albany  and  Ulster,  since  his  Excellency  General  Monckton's 
Message  relating  to  the  Inconveniencies  of  a  doubtful  Jurisdiction  on  the  24tb  of  November  1762, 
I  think  this  opportunity  ought  to  have  been  embraced  for  curing  the  Defects  of  the  old  County 
Act  above  mentioned,  which  have  been  recommended  by  the  present  Governor  to  the  attention 
of  the  Assembly,   more  than  once,  and  were  strongly  urged   by  his  Speech  of  the   18lh  of 
November  1767,  the  Mischiefs  of  which  Defects  are  likely  to  increase,  more  especially  since  no 
meer  Act  of  Government  can  apply  an  adequate  Remedy. 

Lnsilij.  Because  the  Partition  between  the  two  Counties  intended  to  be  ascertained  and 
established  by  this  Bill  by  virtue  of  an  express  Clause,  could  neither  prejudice  nor  affect  any 
private  Titles,  nor  as  I  conceive  be  in  the  least  Degree  injurious  to  the  Rights  of  the  Crown, 
but  on  the  Contrary  had  it  passed  into  a  Law  would  have  conduced  to  the  restoration  of 
Harmony  among  the  Inhabitants  living  near  the  contested  Borders,  and  releived  the  Magistrates 
and  Officers  of  both  Counties  from  many  Difficulties  to  which  they  are  exposed,  and  for  these 
good  Ends  alone  I  suppose  the  present  General  Assembly  have  sent  up  the  Bill  now  rejected. 

Wu  SMITH,  Junr. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  regulating  the  Sale  of  Goods  to  be  sold  at  publick  Vendue  Auction  or  Outcry  within 
this  Colony]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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  Mr  Smith  junr  do  acquaint  the  General  Assembly  that  this  House  have  passed 
the  said  Bill  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twelfth  day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonM*  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  enable  every  Church  or  Congregation  of  Reformed  Protestants 
that  are  or  hereafter  may  be  set  up  in  that  part  of  this  Colony,  which  lies  to  the  Northward  of 


1700  Journal  of  the  Legislative  Council  of  New  York.  [3l 

the  Counties  of  Dutches  and  Ulster,  without  Discrimination,  to  take  and  hold  Real  Estate  to 
the  value  of  One  hundred  pounds  Sterling  per  annum  given  to  them  for  the  support  of  the 
Gospel  and  for  the  use  of  Schools  for  the  Instruction  of  Youth]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  the  better  to  ascertain  the  Quality  of  Pot  and  Pearl  Ashes]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House,  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. 

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. 

DISSENTIENT 

First.  Because  tbe  Bill  is  so  inaccurately  expressed  that  without  the  amendments  proposed 
while  it  was  under  Commitment,  it  will  be  subject  to  doubtfull  Interpretation,  particularly  as 
to  the  Security  of  the  Officers  Reward  on  an  Exportation  by  the  Manufacturer,  and  the 
acquisition  of  one  half  from  the  Vender  upon  an  Examination  after  Sale,  and  as  to  the  person  or 
persons  who  are  to  have  Costs  and  Charges  upon  an  Award,  and  the  power  to  settle  them,  and 
as  to  the  nature  and  Quantum  of  those  Costs  and  Charges. 

Secondly.  Because  this  Bill  by  giving  authority  to  the  Inspector  to  search  all  Vessels  at 
discretion,  without  excepting  small  Vessels  passing  to  the  neighbouring  Colonies,  and  without 
any  Restraint  as  to  the  time  and  manner  of  searching  Vessels  bound  beyond  Sea,  and  without 
oath  first  made  stating  the  grounds  of  suspicion,  and  the  controling  interposition  of  a 
Magistrate,  or  any  provision  against  Despotism,  Wantoness  or  a  vexatious  Search,  by  a 
Recompence  in  Damages  to  owners  of  Vessels  and  others;  will  expose  Merchants  to 
Embarrassments  and  Loss,  establish  a  dangerous  Precedent,  be  detrimental  to  Commerce,  and 
in  some  degree  obstruct  the  main  design  of  this  Bill  in  the  Encouragement  of  a  new  Product, 
which  is  already  become  a  very  valuable  Branch  of  our  Trade. 

WM  SMITH,  Junr. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  more  effectually  to  provide  for  necessary  Highways  in  the  County  of  Albany]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

The  Speaker  then  put  the  Question 

Whether  the  said  Bill  should  be  read  the  Third  time?  and 

It  passed  in  the  negative. 

The  Speaker  then  put  the  Question 

Whether  the  said  Bill  should  be  rejected?  and 

It  passed  in  the  Affirmative. 

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Van  Cortlandt  with  the  Bill 
Entituled  [An  Act  to  amend  an  Act  intituled  "  An  Act  to  prevent  the  Exportation  of 
unmerchantable  Flour  and  the  false  taring  of  Bread  and  Flour  Casks]  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  till  to  Morrow  Morning  10  o  Clock. 


1769.]  Sir  Henry  Moore,  Baronet,  Governor.  1701 

Saturday,  the  thirteenth  day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  declaring  that  all  Persons  of  foreign  Birth  heretofore  inhabiting  within  this  Colony  and 
dying  seized  of  any  Lands  Tenements  or  Hereditaments  shall  be  forever  hereafter  deemed  taken 
and  esteemed  to  have  been  naturalized  and  for  naturalizing  all  Protestants  of  foreign  Birth  now 
inhabiting  within  this  Colony]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  made  an  Amendment  thereto,  which  he  read  in  his 
Place,  and  then  delivered  the  Bill  with  the  Amendment  in  at  the  Table,  where  the  same  was 
again  read,  and  the  Amendment  being  agreed  to, 

Ordered,  that  the  said  Amendment  be  engrossed,  and  being  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  as  amended  do  pass. 

Ordered,  that  Mr  Cruger  do  carry  the  Bill  with  the  Amendment  made  thereto  by  this  House, 
to  the  General  Assembly  and  acquaint  them  that  this  House  have  passed  the  Bill  with  the  said 
Amendment  to  which  they  desire  the  Concurrence  of  that  House. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Jauncey  with  the  said  Bill,  and 
the  amendment  made  thereto  by  this  House,  acquainting  this  House  that  the  General  Assembly 
have  agreed  to  the  said  Amendment  and  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  accordingly  by  striking  out  the  whole  of  the  Title  of  the 
said  Bill  and  inserting  instead  thereof  the  following  Title  to  the  Bill. 

An  Act  to  confirm  Estates  claimed  by  or  under  Aliens. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Brinkerhoff  with  the  Bill 
Entituled  [An  Act  for  making  a  further  provision  of  eighteen  hundred  Pounds  for  furnishing  his 
Majesty's  Troops  quartered  in  this  Colony  with  Necessaries]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Col  Seaman  with  the  Bill 
Entituled  [An  Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  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. 

The  Bill  Entituled  [An  Act  to  amend  An  Act  entituled  "  An  Act  to  prevent  the  Exportation 
of  unmerchantable  Flour,  and  the  false  taring  of  Bread  and  Flour  Casks]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  M1'  Walton  and  Mr  De  Noyelles  with  the  Bill 
Entituled  [An  Act  for  naturalizing  Garret  Schotler,  John  Brunckhorst,  John  Samler,  Michael 
Srum,  Joseph  Steirer,  Daniel  Duchemin,  Adrian  De  Ronde,  Mattheus  De  Ronde,  John 
Cherbacher,  Jachen  Christian  Schaltz,  Johan  Jacob  Stapell,  Philip  Oswald,  John  Sticklen, 
William  Cline,  Coenraed  Wolf,  George  Powers,  Michael  Heneger,  Anthony  Apple,  Francis 
Ortman,  John  Hill,  Anthony  Dodine,  John  Michael  Richers,  Daniel  Sleght,  Piere  Eugene 
Du  Simitiere,  Jacob  Moses,  John  Brooks,  Jubaliste  Du  Puy,  Honore  Marsequie,  Louis  Faugeres, 
Charles  Freidenbergh,  and  George  Woolrice]  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  till  Tuesday  next  at  11  o  Clock  in  the  Morning. 


1702  Journal  of  the  Legislative  Council  of  New  York.  [3i't 

Tuesday,  the  sixteenth  day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honlle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
JOSEPH  READE, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esqri. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Woodhul  and  Mr  Jauncey  with  the  Bill 
Entituled  [An  Act  to  exempt  all  Protestants  in  the  Counties  of  West  Chester,  New  York,  Queens 
and  Richmond  from  any  Taxation  for  the  support  of  the  Ministers  of  the  Gospel]  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  Bill  Entituled  [An  Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  this 
Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  naturalizing  Garret  Schotler,  John  Brunckhorst,  John  Samler 
Michael  Srum,  Joseph  Steirer,  Daniel  Duchemin,  Adrian  De  Ronde,  Matheus  Do  Rondp,  John 
Cherbacker,  Jachen  Christian  Schaltz,  Johan  Jacob  Stapell,  Philip  Oswald,  John  Sticklen, 
William  Cline,  Coenraed  Wolf,  George  Powers,  Michael  Kenegar,  Anthony  Apple,  Francis 
Ortman,  John  Hill,  Anthony  Dodine,  John  Michael  Richers,  Daniel  Sleght,  Pierre  Eugene  Du 
Simitiere,  Jacob  Moses,  John  Brooks,  Jubaliste  Du  Puy,  Horiore  Marsequie,  Louis  Faugeres, 
Charles  Freidetibergh  and  George  Woolrice]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  eighteenth  day  of  May,  1769. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honlle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esqri. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Colonel  Seaman  with  the  Bill 
Entituled  [An  Act  for  making  certifyed  copies  of  Deeds  and  Papers  recorded  in  the  several 
offices  therein  mentioned  legal  Evidence  in  the  several  Courts  of  Record  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Rapalje  with  the  Bill  Entituled 
[An  Act  to  explain  and  amend  An  Act  entituled  "An  Act  for  regulating  Elections  of 
Representatives  in  General  Assembly"  made  and  passed  the  Eighth  of  May  one  thousand  six 
hundred  and  ninety  nine  in  the  eleventh  year  of  King  William  the  third]  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. 


1769.]  Sir  Henry  Moore,  Baronet,  Governor.  1703 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Colonel  Philipse  with  the  Bill 
Entituled  [An  Act  to  make  Gold  and  Silver  Coin  a  lawful  Tender  under  certain  Regulations] 
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. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Brinkerhoff  with  the  Bill 
Entituled  [An  Act  for  improving  the  Manufactory  of  sole  Leather  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  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  preventing  Suits  being  brought  in  the  Supreme  Court  of  this  Colony  for  any  sums  not 
exceeding  one  hundred  Pounds]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  White  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  made  several  amendments  thereto,  which  he  read  in  his 
place,  and  then  delivered  the  Bill  with  the  amendments  in  at  the  Table  where  the  amendments 
were  again  read  and  being  agreed  to,  the  amendments  were  ordered  to  be  Engrossed  and  being 
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  as  amended  do  pass. 

Ordered,  that  Mr  White  do  carry  the  said  Bill  with  the  amendments  made  thereto  by  this 
House,  to  the  General  Assembly  and  acquaint  them  that  this  House  have  passed  the  Bill  with 
the  said  amendments  to  which  they  desire  the  Concurrence  of  that  House. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled,  [An  Act  to 
amend  An  Act  entituled  "  An  Act  to  prevent  the  Exportation  of  unmerchantable  Flour,  and  the 
false  taring  of  Bread  and  Flour  Casks  "  ]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  making  a  further  Provision  of  Eighteen  hundred  Pounds  for  furnishing  his  Majesty's 
Troops  quartered  in  this  Colony  with  Necessaries]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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  &  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 

Rcsnhcd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1704  Journal  of  the  Legislative  Council  of  New  York.  [siet  tes'8°™' 

Friday,  the  nineteenth  Day  of  May,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonUe  DANIEL  HORSMANDEN.  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  exempt  all  Protestants  in  the  Counties  of  West  Chester,  New 
York,  Queens  and  Richmond  from  any  Taxation  for  the  Support  of  the  Ministers  of  the  Gospel] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  for  making  certifyed  copies  of  Deeds  and  papers  recorded  in  the 
several  offices  therein  mentioned,  legal  Evidence  in  the  several  Courts  of  Record  within  this 
Colony]  was  read  the  second  time  & 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  explain  and  amend  An  Act  entituled  "  An  Act  for  regulating 
Elections  of  Representatives  in  General  Assembly"  made  and  passed  the  eighth  of  May  One 
thousand  six  hundred  and  ninety  nine  in  the  eleventh  year  of  King  William  the  third]  was 
read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  make  Gold  and  Silver  Coin  a  lawful  Tender  under  certain 
Regulations]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  improving  the  Manufactory  of  Soal  Leather  in  the  City  of 
New  York]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  emitting  the  Sum  of  one  hundred  and  Twenty  thousand  Pounds  in  Bills  of  Credit  to  be 
put  out  on  Loan  and  to  appropriate  the  Interest  arising  thereon  to  the  payment  of  the  Debts 
of  this  Colony  and  to  such  publick  Exigencies  as  the  Circumstances  of  this  Colony  may  from 
Time  to  Time  render  necessary]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  this  Colony]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
said  two  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Cap'  De  Lancey  with  the  Bill 
Entituled  [An  Act  for  preventing  Suits  being  brought  in  the  Supreme  Court  of  this  Colony  for 
any  sums  not  exceeding  One  hundred  Pounds]  with  the  Amendments  made  thereto  by  this 


1769.J  Sir  Henry  Moore,  Baronet,  Governor.  1705 

Houss,  acquainting  this  House  that  the  General  Assembly  have  agreed  to  the  said  Amendments, 
ami  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  striking  out  the  Words  One  hundred  in  the 
third  Line  of  the  Title,  and  in  the  Lines  seventeen  and  twenty  five  of  the  first  page,  and  the 
Lines  Eight,  Fourteen  &  Eighteen  of  the  second  page  of  the  Bill,  and  instead  thereof  inserting 
the  Word  Fifty. 

The  Council  adjourned  till  5  o  Clock  in  the  Afternoon. 


Friday,  the  Nineteenth  day  of  May,  1769.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

Tne  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  naturalizing  Garret  Schotler,  John  Brunckhorst,  John  Sumler,  Michael  Srum,  Joseph 
Steirer,  Daniel  Duchemin,  Adrian  De  Ronde,  Matheus  De  Ronde,  John  Cherbacker,  Jachen. 
Christian  Schaltz,  Johan  Jacob  Stapell,  Philip  Oswald,  John  Sticklen,  William  Cline,  Coenraed 
Wolf,  George  Powers,  Michael  Kenegar,  Anthony  Apple,  Francis  Ortman,  John  Hill,  Anthony 
Dodine,  John  Michael  Richers,  Daniel  Sleght,  Pierre  Eugene  Du  Simitiere,  Jacob  Moses,  John 
Brooks,  Jubaliste  Du  Puy,  Honore  Marsequie,  Louis  Faugeres,  Charles  Freideubergh  and 
George  Woolrice]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junior  from  the  Committee  of  the  whole  House  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 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  make  Gold  and  Silver  Coin  a  Lawful  Tender  under  certain  Regulations]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  junior  from  the  Committee  of  the  whole  House  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 

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  Mr  Smith  junior  do  acquaint  the  General  Assembly  that  this  House  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  explain  and  amend  An  Act  Entituled  An  Act  for  regulating  Elections  of  Representatives 
in  General  Assembly  made  and  passed  the  eighth  of  May  One  thousand  six  hundred  and  Ninety 
nine  in  the  eleventh  year  of  King  William  the  Third  ;]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  directed  him  to  Report  the  same  without  any 
Amendment. 

214 


1 706  Journal  of  the  Legislative  Council  of  Neio  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. 

DISSENTIENT 

1.  Because  the  Bill  if  it  passes  into  a  Law  (so  far  as  it  respects  non  resident  electors) 
countenances  Doubts  concerning  a  Right  of  voting  for  Representatives,  which  Right  is  essential 
to  Liberty  clearly  established  by  sound  Exposition,  and  invariably  allowed. 

2.  Because  incapacitating  non  Residents  from  representing  their  Electors  is  an  alteration  of 
the  Election  Act  of  1699  (the  first  section  of  which  is  nearly  similar  to  the  Statute  of  the  8th  of 
H.  VI.,  Cap  7)  is  repugnant  to  the  constant  usage  of  Parliament,  and  the  general  practice  of  the 
Assembly  for  near  seventy  years  past,  abridges  the  Right  of  Electors  in  all  the  Counties,  and 
may  be  very  prejudicial  to  the  City  and  County  of  New  York  in  particular,  where  it  is  for  many 
reasons  most  probable  the  greater  number  of  non   Resident  Members  would  reside;  and  is  the 
more  unreasonable  with  respect  to  the  City,  since  this  Capital  sends  only  four  out  of  twenty 
seven  Members,  tho'  it  bears  one  third  part  of  the  Burden  in  all  Publick  Levies. 

WM  SMITH  juiV. 

The  Speaker  left  the  Chair,  and 

The  House  Resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  improving  the  Manufactory  of  Soal  Leather  in  the  City  of  New  York]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

Mr  Smith  junior  moved  that  the  Committee  to  whom  the  Bill  entituled  [An  Act  to  enable 
every  Church  or  Congregation  of  Reformed  Protestants,  that  are  or  hereafter  may  be  set  up  in 
that  part  of  this  Colony  which  lies  to  the  Northward  of  the  Counties  of  Dutchess  and  Ulster 
without  discrimination,  to  take  and  hold  real  Estates  to  the  Value  of  one  hundred  Pounds 
sterling  per  Annum,  given  to  them  for  the  support  of  the  Gospel  and  for  the  use  of  Schools  for 
the  instruction  of  Youth]  was  Committed  should  make  Report  thereon,  and 

The  Question  being  put 

Whether  the  Committee  should  Report  upon  the  Bill? 

It  passed  in  the  Negative. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  to  exempt  all  Protestants  in  the  Counties  of  West  Chester,  New  York,  Queens  and 
Richmond  from  any  Taxation  for  the  Support  of  the  Ministers  of  the  Gospel]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Cruger  from  the  Committee  of  the  Whole  House  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. 

The  Speaker  put  the  Question 

Whether  the  said  Bill  should  be  read  the  third  time  '? 

And  it  passed  in  the  Negative. 

The  Speaker  then  put  the  Question 

Whether  the  said  Bill  should  be  rejected  ? 

And  it  passed  in  the  Affirmative. 

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

DISSENTIENT. —  W.  Smith  junior. 

The  Council  adjourned  till  to  Morrow  afternoon  5  o  Clock. 


1769.]  Sir  Henry  Moore,  Baronet,  Governor.  1707 

Saturday,  the  twentieth  Jay  of  May,  17G9.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair 

His  Excellency  Sir  Henry  Moore  Baronet,  Captain  General  and  Governor  in  Chief  of  this 
Province,  being  come  to  the  Council  Chamber,  the  Speaker  leaving  the  Chair,  His  Excellency 
sent  a  Message  by  the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General 
Assembly  in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly 

His  Excellency  the  Governor  in  the  presence  of  both  Houses  was  pleased  to  give  his  Assent 
to  twenty  Bills  the  titles  whereof  are  as  follow 

An  Act  for  making  a  further  provision  of  eighteen  hundred  pounds  for  furnishing  his  Majestya 
Troops  quartered  in  this  Colony  with  necessaries. 

An  Act  to  impower  Justices  of  the  Peace,  Mayors,  Recorders  and  Aldermen  to  try  causes  to 
the  value  of  Ten  Pounds  and  under  and  for  suspending  an  Act  therein  mentioned. 

An  Act  for  preventing  suits  being  brought  in  the  Supreme  Court  of  this  Colony  for  any  sums 
not  exceeding  Fifty  pounds. 

An  Act  the  better  to  ascertain  the  Quality  of  Pot  and  Pearl  Ashes. 

An  Act  to  explain  and  amend  An  Act  entituled  [An  Act  for  regulating  Elections  of 
Representatives  in  General  Assembly]  made  and  passed  the  eighth  of  May  one  thousand  six 
hundred  and  ninety  nine  in  the  eleventh  year  of  King  William  the  third. 

An  Act  to  amend  An  Act  entituled  [An  Act  to  prevent  the  exportation  of  unmerchantable 
Flour  and  the  false  Taring  of  Bread  and  Flour  Casks.] 

An  Act  for  regulating  the  sale  of  Goods  to  be  sold  at  publick  Vendue,  Auction  or  Outcry 
within  this  Colony. 

An  Act  for  the  better  and  more  effectual  Collecting  of  Taxes  in  the  City  of  New  York. 

An  Act  to  enable  the  Supervisors  of  the  county  of  West  Chester  to  raise  the  Arrears  of 
Taxes  due  from  the  said  County. 

An  Act  for  dividing  Beekmans  Precinct  in  Dutches  County  into  two  Precincts,  the  one  to  be 
called  Beekmans  and  the  other  E'aulings  Precinct. 

An  Act  to  amend  An  Act  entituled  [An  Act  more  effectually  to  prevent  the  killing  of  Deer, 
and  firing  of  Woods  within  this  Colony]  and  also  to  amend  An  Act  entituled  [An  Act  to  prevent 
the  destruction  of  Deer  by  Bloodhounds  or  Beagles  in  the  Counties  of  Albany  Ulster  and 
Orange]  so  far  as  the  said  two  Acts  respect  the  Counties  of  Ulster  and  Orange. 

An  Act  to  compel  the  late  Treasurer  of  the  County  of  Dutches  to  account  for  divers  sums  of 
money,  which  have  heretofore  been  received  by  him,  by  virtue  of  two  certain  Acts  of  the 
Lieutenant  Governor,  the  Council  and  General  Assembly  of  this  Colony  of  New  York,  one  of 
them  entituled  [An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York]  made  and  passed 
in  the  twenty  eighth  year  of  the  Reign  of  his  late  Majesty  King  George  the  Second,  and  the 
other  entituled  [An  Act  to  continue  An  Act  entituled  "An  Act  for  regulating  the  Militia  of 
the  Colony  of  New  York  with  some  Additions  thereto]  made  and  passed  in  the  twenty  ninth 
year  of  his  late  Majesty  King  George  the  Second. 

An  Act  to  amend  and  explain  the  thirteenth  Section  of  An  Act  entituled  [An  Act  to  divide 
the  Southern  part  of  the  County  of  Ulster  into  Precincts,  and  to  enable  the  Corporation  of 
Kingston  and  the  Manor  of  Fox  Hall,  tochuse  and  elect  one  Supervisor  more,  and  for  regulating 
the  Supervisors  and  the  Assessors  within  the  said  County.] 

An  Act  further  to  continue  the  several  Acts  therein  mentioned  respecting  the  Highways  in 
the  County  of  Suffolk. 

An  Act  further  to  continue  An  Act  entituled  [An  Act  to  restrain  the  feeding  and  burning  the 
Grass,  and  cutting  the  Timber  on  certain  Beaches  and  Islands  therein  mentioned.] 

An  Act  to  amend  An  Act  entituled  [An  Act  to  prevent  the  use  of  Spirituous  Liquors  at 
Vendues  in  Orange  County]  and  for  extending  the  same  with  such  Amendments  to  Ulster 
County. 


1708  Journal  of  the  Legislative  Council  of  Neio  York.  \SH[  f^™- 

An  Act  to  raise  within  the  Township  of  Schenectady,  the  sum  of  two  hundred  and  forty  two 
Pounds,  eighteen  Shillings  and  five  Pence  one  farthing,  and  the  further  sum  of  forty  four  Pounds 
twelve  Shillings  for  the  uses  therein  mentioned. 

An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Manor  of  Renselaerwyck  to  elect 
six  Assassors,  three  Collectors,  eight  Constables,  two  Clerks,  Bound  Masters,  Fence  Viewers 
and  Surveyors  of  the  Highways. 

An  Act  for  naturalizing  Garret  Schotler,  John  Brunckhorst,  John  Samler,  Michael  Srum, 
Joseph  Steirer,  Daniel  Duchemin,  Adrian  De  Ronde,  Matheus  De  Ronde,  John  Cherbacker, 
Jachen  Christian  Schaltz  Johan  Jacob  Stapell,  Philip  Oswald,  John  Sticklen,  William  Cline, 
Coenraed  Wolf,  George  Powers,  Michael  Kenegar,  Anthony  Apple,  Francis  Ortman,  John  Hill, 
Anthony  Dodine,  John  Michael  Richers,  Daniel  Sleght,  Pierre  Eugene  Du  Simitiere,  Jacob  Moses, 
John  Brooks,  Jubaliste  Du  Puy,  Honore  Marsequie,  Louis  Faugeres,  Charles  Freidenbergh  and 
George  Wool  rice. 

An  Act  for  Setling  the  contested  Boundaries  between  the  Patented  Lands  commonly  called 
Cheescocks  and  Kakiate  in  the  County  of  Orange. 

After  which  the  said  Acts  were  published  in  the  usual  manner,  and  his  Excellency  the 
Governor  was  pleased  to  prorogue  the  General  Assembly  to  Thursday  the  sixth  day  of  July 
next. 


t  N.  Y.  Col.  MSS.,  XCV.,  119.  ] 

BY  His  EXCELLENCY 

Sir  HENRY  MOORE  Baronet,  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s. )    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  Thursday  the  sixth 
day  of  July  Instant  I  have  thought  fit  for  his  Majesty's  service  to  prorogue,  and  I  do  by  and 
with  the  Advice  of  his  Majesty's  Council  farther  prorogue  the  said  General  Assembly  to  Tuesday 
the  fifth  day  of  September  now  next  ensuing  of  which  all  his  Majesty's  Subjects  concerned 
therein,  are  required  to  take  Notice,  and  to  Govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  Nciv  York, 
the  ffth  day  of  July  one  thousand  seven  hundred  and  sixty  nine,  in  the  ninth 
year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the  Grace  of 
God  of  Great  Britain,  France  and  Ireland,  King  Defender  of  the  Faith  and 
so  forth. 

H:  MOORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D.  Secry. 

God  save  the  KING-. 


1769.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1709 


[N.  Y.  Col.  MSS.,  XCV.,  128.] 

BY  HIS  EXCELLENCY 

Sir  HENRY  MOORE  Baronet,'  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  the  Jtftk  day  of 
September  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  Tenth 
day  of  October  now  next  ensuing  of  which  all  his  Majesty's  Subjects  concerned  therein  are 
required  to  take  Notice,  and  to  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  August  one  thousand  seven  hundred  and  sixty  nine, 
in  the  ninth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  third  by  the 
Grace  of  God  of  Great  Britain,  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

H:  MOORE. 
By  his  Excellency's  Command 

Gw  BAN  YAK  D  Sccry. 

God  save  the  KING. 


[IT.  Y.  Col.  MSS.,  XCV.,  135.) 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  tenth  day  of 
October  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue  And  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  further  prorogue  the  said  General  Assembly  to  the  fourteenth  day 
of  November  now  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  in  Kings  County  on  Nassau  Island,  the 
twenty  ninth  day  of  September  one  thousand  seven  hundred  and  sixty  nine  in 
the  ninth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 
Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

CADWALLADER  COLDEN. 


By  his  Honour's  Command 

Gw  BANYAR  D 


God  save  the  KING. 


1710  Journal  of  the  Legislative  Council  of  New   York.  [8M 


[N.  Y.  Col.  MSS.,  XCV.,  U6.] 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  fourteenth  day  of 
November  next  I  have  thought  fit  for  his  Majestys  service  to  prorogue  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  twenty  first 
day  of  November  now  next  ensuing,  then  to  meet  to  proceed  upon  Business  of  which  all  his 
Majestys  subjects  concerned  therein  are  required  to  take  notice,  and  to  govern  themselves 
accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York 
the  twentieth  day  of  October  one  thousand  seven  hundred  and  sixty  nine  in  the 
ninth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the  Grace 
of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the  Faith  and 
so  forth. 

CADWALLADER  COLDEN. 
By  his  Honour's  Command 

Gw  BANYAR  D  Secrij. 

God  save  the  KING. 


THIRTY  FIRST  ASSEMBLY    SECOND  SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York, 
begun  and  holden  at  the  City  Hall  in  the  City  of  New  York,  on  Tuesday  the  twenty 
first  day  of  November,  in  tlic  Tenth  year  of  the  Reign  of  our  Sovereign  Lord 
George  the  Third,  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth,  and  in  the  year  of  our  Lord  One  thousand 
seven  hundred  and  sixty  Nine. 

The  General  Assembly  having  on  the  twentieth  day  of  May  last  been  prorogued  to  the  sixth 
day  of  July  following,  were  from  the  last  mentioned  day  prorogued  by  Proclamation  under  the 
Seal  at  Arms  as  follows  —  On  the  fifth  of  the  said  Month  of  July  to  the  fifth  day  of  September, 
&  on  the  29th  day  of  August  to  the  Tenth  day  of  October  —  And  the  Government  of  this 
Colony  having  by  the  Death  of  Sir  Henry  Moore  on  the  eleventh  day  of  September  last, 
devolved  on  the  Honourable  Cadwallader  Colden  Esquire,  his  Majesty's  Lieutenant  Governor, 
his  Honour  by  proclamation  under  the  Seal  at  Arms  dated  the  twenty  ninth  day  of  the  said 
Month  of  September,  prorogued  the  General  Assembly  to  the  fourteenth  day  of  November 
Instant,  and  thence  by  like  Proclamation  dated  the  twentieth  day  of  October,  to  this  Day,  then 
to  meet  to  proceed  upon  Business. 

The  Council  therefore  met  accordingly. 

PRESENT — The  Honourable  OLIVER  DE  LANCEY,  Esquire,  Speaker, 

ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  clock. 


1769.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1711 

Wednesday,  the  twenty  second  day  of  November,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
EOGER  MOERIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esqra. 

The  Speaker  assumed  the  Chair. 

The  Honourable  Cadwallader  Golden  Esquire  his  Majesty's  Lieutenant  Governor  and 
Commander  in  Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in 
America,  being  come  to  the  Council  Chamber, 

The  Speaker  left  the  Chair,  and 

His  Honour  sent  a  Message  by  the  Deputy  Secretary  to  the  General  Assembly  requiring  the 
immediate  attendance  of  that  House  in  the  Council  Chamber. 

And  the  General  Assembly  attending  accordingly, 

His  Honour  the  Lieutenant  Governor  made  a  Speech  to  the  Council  and  General  Assembly, 
and  delivered  one  Copy  thereof  to  the  Speaker  of  the  Council  and  another  Copy  to  the  Speaker 
of  the  General  Assembly, 

His  Honour  the  Lieutenant  Governor,  and  the  General  Assembly  having  left  the  Council 
Chamber, 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Honour  the  Lieutenant  Governor's  Speech  be  read. 

Then  the  speech  was  read  and 

Ordered  to  be  entered  in  the  Journal  of  this  House,  and  the  same  is  as  follows  — 

Gentlemen  of  the  Council  and   General  Assembly, 

The  Loss  which  the  Province  sustains  in  the  Death  of  the  Governor  in  Chief  would  be  more 
sensibly  felt  by  me,  was  I  not  confident  of  your  ready  Assistance  and  Support  in  every  Measure 
calculated  for  the  Honour  and  Interest  of  the  Province. 

There  is  now  the  greatest  Probability  that  the  late  Duties  imposed  by  the  authority  of 
Parliament,  which  have  operated  so  much  to  the  Dissatisfaction  of  the  Colonies  in  general,  will 
be  taken  off  in  the  ensuing  Session.  The  Prospect  of  this  desirable  Event,  as  it  evinces  the 
most  favourable  Disposition  in  the  parent  Kingdom,  must  afford  you  the  highest  satisfaction. 
And  I  trust  that  your  Proceedings  in  the  present  critical  Juncture,  will  be  conducted  with  such 
Temper,  Moderation  and  Wisdom,  as  will  manifest  your  Zeal,  to  promote  the  Re-establishment 
of  that  mutual  Confidence  and  Affection,  on  which  the  Glory  and  Safety  of  the  British  Empire 
depend. 

His  Majesty  having  been  pleased  to  direct  that  the  Regulation  of  the  Trade  with  the  Indian 
Nations,  shall  for  the  future  be  left  to  his  Colonies,  I  hope  that  the  Consideration  of  this 
important  object,  in  which  you  have  already  made  some  Progress,  will  be  resumed  in  the  course 
of  the  Session,  and  a  Law  passed  effectually  to  answer  his  Majesty's  gracious  Intentions,  by 
establishing  such  equitable  Regulations  as  may  tend  to  the  Improvement  of  our  commercial 
Advantages,  and  to  preserve  the  Friendship,  and  conciliate  the  Affection  of  the  Natives  so 
essential  at  all  Times  to  the  Tranquility  of  the  Frontiers,  and  the  Prosperity  of  the  Colony. 

Gentlemen  of  the  General  Assembly, 

By  the  Accounts  to  be  laid  before  you,  it  will  appear  that  the  Monies  appropriated  for 
furnishing  his  Majesty's  Troops  with  Necessaries,  have  been  wholly  expended,  and  a  large 
Arrear  incurred.  My  duty  therefore  obliges  me,  with  the  other  Supplies  usually  granted  at  this 
Season,  to  recommend  a  farther  Provision  for  this  necessary  service. 

Gentlemen  of  the  Council  and  General  Assembly, 

The  Great  Desire  I  have  to  promote  by  every  means  in  my  Power,  the  Welfare  and 
Happiness  of  the  People  of  this  Province,  will  lead  me  chearfully  to  adopt  every  Measure 
advancive  of  his  Majestys  service,  and  Beneficial  to  the  Publick;  and  whatever  you  shall 
propose  conducive  to  these  salutary  Purposes,  you  may  be  assured  will  meet  with  my  ready 
Concurrence. 

New  York  November  22d  1769.  CADWALLADER  COLDEN. 


1712  Journal  of  the  Legislative  Council  of  New  York.  ["a1 

Ordered,  that  his  Honour  the  Lieutenant  Governor's  Speech  be  forthwith  printed. 

Mr  White  then  moved  that  an  humble  Address  might  be  presented  by  this  House  to  his 
Honour  the  Lieutenant  Governor  in  answer  to  his  Speech.  Which  Motion  being  seconded  and 
agreed  to, 

Resolved,  that  an  humble  Address  might  be  presented  to  his  Honour  accordingly. 

Ordered,  that  Mr  Morris,  Mr  Wallace  and  Mr  White  be,  and  they  are  hereby  appointed  a 
Committee  to  prepare  a  draft  of  the  said  Address,  and  that  they  prepare  and  bring  in  the  same 
by  Fryday  next. 

The  Council  adjourned  till  Friday  Morning  at  eleven  of  the  Clock. 


Fryday,  the  twenty  fourth  day  of  November,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHOBPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  White  from  the  Committee  appointed  to  prepare  the  draft  of  an  humble  Address  to  his 
Honour  the  Lieutenant  Governor  in  Answer  to  his  Speech,  reported  that  the  Committee  had 
prepared  the  same,  which  he  read  in  his  place,  and  then  delivered  the  said  Draft  in  at  the  Table, 
where  the  same  was  again  read,  and  being  amended  was  agreed  to,  and 

Ordered  to  be  engrossed. 

The  Engrossed  Address  to  his  Honour  the  Lieutenant  Governor  was  read. 

Ordered,  that  the  Speaker  sign  the  said  Address  and  the  Speaker  having  signed  the  same 
accordingly, 

Ordered,  that  Mr  Wallace  and  Mr  White  do  wait  on  his  Honour  the  Lieutenant  Governor,  and 
desire  to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  humble 
Address. 

The  said  Gentlemen  being  returned,  reported  that  they  had  waited  on  his  Honour  the 
Lieutenant  Governor,  and  delivered  the  said  Message,  and  that  his  Honour  had  been  pleased  to 
say  he  would  receive  the  Address  of  this  House  to  Morrow  at  twelve  of  the  Clock  in  the 
Council  Chamber  in  Fort  George. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


Saturday,  the  twenty  fifth  day  of  November,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and  with 

The  House  proceeded  to  the  Council  Chamber  in  Fort  George,  to  present  the  humble 
Address  of  this  House  to  his  Honour  the  Lieutenant  Governor,  and  being  returned, 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  House  attended  his  Honour  and  presented  to  him  the  Address 
of  this  House,  his  Honour  had  been  pleased  to  return  a  favourable  Answer  thereto,  which  being 
read, 

Ordered,  that  the  said  Address  and  Answer  be  entered  in  the  Journals  of  this  House  which  are 
as  follow, 


1769]  Cadicallader  Colden,  Esq:  Lieut.  Governor.  1713 

To  the  Honourable  CADWALLADER  GOLDEN  Esquire,  his  Majesty's  Lieutenant  Governor  and 
Commander  in  Chief  of  the  Province  of  New  York  and  the  Territories  depending 
thereon  in  America. 

The  humble  ADDKESS  of  the  Council  of  the  Province  of  New  York. 

May  it  please  your  Honour. 

We  his  Majesty's  most  dutiful  and  loyal  Subjects  the  Council  of  the  Province  of  New  York 
beg  Leave  to  return  you  our  Thanks  for  your  Speech  and  the  Sentiments  you  are  pleased  to 
entertain  of  our  Zeal  for  the  Honour  and  Interest  of  the  Colony. 

The  Loss  which  the  Province  sustains  in  the  Death  of  our  late  Governor,  we  shall  alleviate 
as  much  as  possible  by  a  steady  Exertion  of  our  best  Endeavours,  to  assist  your  Honour  in 
promoting  every  Measure  advantageous  to  the  publick. 

It  will  afford  us  the  most  solid  Satisfaction  to  see  that  mutual  Confidence  and  Affection 
between  Great  Britain  and  her  Colonies,  restored,  which  has  been  so  greatly  interrupted  by  the 
Duties  lately  imposed.  An  Event  so  desirable  cannot  but  be  highly  greateful  to  his  Majesty's 
American  Subjects,  and  must  apparently  tend  to  the  Prosperity  of  the  whole  British  Empire. 

To  cultivate  the  Friendship  and  conciliate  the  Affections  of  the  Indian  Nations  by  preventing 
Fraud  and  Abuse,  and  dispencing  the  strictest  Justice  in  our  Intercourse  with  them,  we 
conceive  necessary  not  only  to  secure  to  ourselves  the  Advantages  of  Commerce,  but  to 
preserve  that  Tranquility  on  our  Frontiers  with  which  the  Cultivation  and  Improvement  of  the 
Colony  are  so  intimately  connected.  We  shall  therefore  chearfully  adopt  such  Measures  as  may 
best  answer  his  Majesty's  gracious  Intentions  in  committing  to  the  Care  of  his  Colonies,  the 
future  Regulation  of  the  Trade  with  trie  Indians. 

The  Great  Desire  your  Honour  expresses  to  promote  the  welfare  of  the  People  of  this 
Province,  cannot  but  be  acceptable  and  you  may  rest  assured  of  our  ready  Concurrence  in 
every  Thing  which  may  contribute  to  his  Majestys  Service  and  the  prosperity  of  the  Colony. 

By  Order  of  the  Council 

New  York  November  25lh  17G9.  JOHN  WATTS,  Speaker. 

The  LIEUTENANT  GOVERNOR'S  Answer. 
Gentlemen, 

I  return  you  my  Thanks  for  this  Address,  and  shall  always  rely  on  your  Assistance  in  every 
Thing  which  may  promote,  what  I  have  warmly  at  Heart,  the  real  Interest  and  Prosperity  of 
the  Colony. 

CADWALLADER  COLDEN. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Wednesday  the  sixth  day  of  December  at  eleven  of  the  Clock  in 
the  Morning. 


Wednesday,  the  sixth  day  of  December,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CKUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  De  Noyelles  with  the  Bill 
entituled  [An  Act  to  continue  An  Act  intituled  An  Act  to  prevent  Damages  by  Swine  in  the 
County  of  Orange,  and  some  Parts  of  Ulster  County,  so  far  as  the  same  relates  to  Ulster  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. 

215 


* 


1714  Journal  of  the  Legislative  Council  of  New  York.  CM 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Boerum  with  the  Bill  Entituled 
[An  Act  to°continue  An  Act  intituled  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  read. 

Then  the  said  Bill  was  read  the  first  Time  & 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Kleek  and  Mr  Billop  with  the  Bill 
Entituled  [An  Act  to  continue  An  Act  intituled  An  Act  to  revive  An  Act  intituled  An  Act  for 
the  better  Relief  of  the  Poor  in  Dutches  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  General  Assembly  by  Colonel  Woodhull  and  Mr  Jauncey  with  the  Bill 
Entituled  [An  Act  to  enable  the  Freeholders  arid  Inhabitants  of  the  several  Towns  therein 
mentioned  in  the  County  of  Suffolk  to  elect  a  greater  Number  of  Constables  in  their  respective 
Townships]  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  General  Assembly  by  Captain  Seaman  &  Colonel  ;  Wood  hull  with  the  Bill 
Entituled  [An  Act  to  revive  an  Act  entituled  An  Act  to  prevent  the  digging  of  Pitts  for  the 
taking  of  Deer  in  Queens  and  Suffolk  Counties]  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  till  to  Morrow  Morning  eleven  of  the  Clock. 


Thursday,  the  seventh  day  of  December,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH,  junr, 
HENRY  CRUGER, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  intituled  An  Act  to  prevent  Damages  by 
Swine  in  the  County  of  Orange  and  some  parts  of  Ulster  County,  so  far  as  the  same  relates  to 
Ulster  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  intituled  An  Act  to  prevent  the  penning  and 
folding  of  Sheep  and  Neat  Cattle  feeding  on  Hempstead  Plains]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  intituled  An  Act  to  revive  An  Act  intituled 
An  Act  for  the  better  Relief  of  the  Poor  in  Dutches  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  several  Towns 
therein  mentioned  in  the  County  of  Suffolk  to  elect  a  greater  number  of  Constables  in  their 
respective  Townships]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entituled  [An  Act  to  revive  an  Act  intituled  An  Act  to  prevent  the  Digging  of 
Pitts  for  the  taking  of  Deer  in  Queens  and  Suffolk  Counties]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  at  eleven  of  the  Clock. 


1769.]  Cadu-allader  Golden,  Esq:  Lieut.  Governor.  1715 

Fryday,  the  eighth  day  of  December,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HUGH  WALLACE, 
HENRY  WHITE,  Esqri. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  intituled  An  Act  to  prevent  Damages  by  Swine  in  the  County  of 
Orange  and  some  parts  of  Ulster  County,  so  far  as  the  same  relates  to  Ulster  County]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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 

Resoh-cd,  that  the  said  [Bill]  do  pass. 

The  Speaker  left  the  Chair  and 

The  House  resolved  into  a  Committee  of  the  whole  House  on  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]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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 

Rejoiced,  thnt  the  said  Bill  do  pass. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  entituled  An  Act  to  revive  an  Act  entituled  An  Act  for  the  better  Relief 
of  the  Poor  in  Dutches  County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Co'irittee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  revive  An  Act  entituled  An  Act  to  prevent  the  digging  of  Pits  for  the  taking  of  Deer  in 
Queens  and  Suffolk  Counties]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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 

Rcsolred,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Council  adjourned  till  Wednesday  next  at  eleven  of  the  Clock  in  the  Morning. 


1716  Journal  of  the  Legislative  Council  of  New  York.  [3w  se"".*°' 

Wednesday,  the  thirteenth  day  of  December,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  [Assembly]  by  Mr  Walton  and  Mr  Boerumwith  the  Bill  entituled 
[An  Act  to  continue  an  Act  intituled  An  Act  for  the  punishment  of  Persons  in  the  City  of  New 
York  who  shall  by  false  pretences  obtain  any  Goods  Wares  or  Merchandizes  from  any  person 
with  Intent  to  cheat  or  defraud  such  Person;  with  an  addition  thereto]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Mynderse  with  the  Bill 
entituled  [An  Act  to  encourage  the  destroying  of  Wolves  in  the  County  of  Albany]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Van  Kleek  with  the  Bill 
Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  for  the  better  regulating  the  publick 
Roads  in  the  City  and  County  of  New  York  and  to  levy  Money  to  defray  the  Expence  thereof] 
desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  be  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  for  the  more  effectual  prevention  of  Fires  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Ten  Eyck  with  the  Bill 
Entituled  [An  Act  to  enable  the  Supervisors  of  the  County  of  Orange  to  hold  their  annual 
Meetings  at  or  as  near  the  Centre  of  said  County  as  conveniently  can  be  for  the  good  of  the 
publick  Service]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  BUI  was  read  the  first  time  and 

Ordered  a  second  rending. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Nicol  with  the  Bill  Entituled  [An 
Act  to  continue  An  Act  entituled  An  Act  to  prevent  the  setting  on  fire  or  burning  the  old  Grass 
on  Hempstead  Plains  with  an  Addition  thereto]  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  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Freeholders  and  Inhabitants  of  the  several  Towns  therein  mentioned  in  the 
County  of  Suffolk  to  elect  a  greater  number  of  Constables  in  their  respective  Townships]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Crugerfrom  the  Committee  of  the  whole  House  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  &  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. 

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


1769.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1717 

Wednesday,  the  thirteenth  day  of  December ,  1769.     P.  M. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  for  the  punishment  of 
Persons  in  the  City  of  New  York  who"  shall  by  false  pretences  obtain  any  Goods  Wares  or 
Merchandizes  from  any  person  with  Intent  to  cheat  or  defraud  sucli  person;  with  an  Addition 
thereto]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  encourage  the  destroying  of  Wolves  in  the  County  of  Albany] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  intituled  An  Act  for  the  better  regulating  the 
publick  Roads  in  the  City  and  County  of  iNew  York,  and  to  levy  Money  to  defray  the  Expence 
thereof]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  the  more  effectual  prevention  of  Fires  in  the  City  of  New 
York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  enable  the  Supervisors  of  the  County  of  Orange  to  hold  their 
annual  Town  Meetings  at  or  near  the  Center  of  said  County  as  conveniently  can  be  for  the 
Good  of  the  public  Service]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  continue  an  Act  entituled  An  Act  to  prevent  the  setting  on 
Fire  or  burning  the  old  Grass  on  Hempstead  Plains;  with  an  Addition  thereto]  was  read  the 
second  time  and 

Ordered  to  be  comitted. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


Thursday,  the  fourteenth  day  of  December,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRT  CRUGER, 
HUGH  WALLACE, 
HENRT  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Mynderse  and  Capt"  De  Lancey  with  the  Bill 
Entituled  [An  Act  empowering  the  Justices  of  the  Peace  living  or  dwelling  in  the  Township 
Schenectady  in  the  County  of  Albany  to  establish  and  regulate  a  Night  Watch,  appoint 
Firemen  and  other  purposes  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Dewitt  with  the  Bill  entituled 
[An  Act  to  continue  an  Act  intituled  An  Act  to  revive  an  Act  entituled  an  Act  to  empower  the 
Justices  of  the  peace  of  the  County  of  Albany  living  or  dwelling  in  the  Township  of 
Schenectady  in  the  said  County  to  regulate  the  Streets  and  Highways,  and  to  prevent  accidents 
by  Fire  in  the  said  Town]  desiring  the  Concurrence  of  the  Council  thereto. 


1718  Journal  of.  the  Legislative  Council  of  New  York.  [312°,'  £j££- 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Tenbrook  and  Mr  Clinton  with  the  Bill 
entituled  [An  Act  to  prevent  Damages  by  Swine  in  that  part  of  the  Manner  of  Renselaerwyck 
called  Claverack]  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  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  continue  An  Act  entituled  An  Act  for  the  punishment  of  Persons  in  the  City  of  New 
York  who  shall  by  false  Pretences  obtain  any  Goods  Wares  or  Merchandizes  from  any  Person 
with  intent  to  cheat  or  defraud  such  person  ;  with  an  addition  thereto]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  and  the  Bill  entitnled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the 
several  Towns  therein  mentioned  in  the  County  of  Suffolk,  to  elect  a  greater  number  of 
Constables  in  their  respective  Townships]  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  encourage  the  destroying  of  Wolves  in  the  County  of  Albany]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
for  the  more  effectual  Prevention  of  Fires  in  the  City  of  New  York]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
to  enable  the  Supervisors  of  the  County  of  Orange  to  hold  their  annual  Meetings  at  or  as  near 
the  center  of  said  County  as  conveniently  can  be  for  the  good  of  the  publick  Service]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 


1769.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1719 

On  the  Question  being  put 

Rsohed,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  continue  An  Act  entituled  An  Act  to  prevent  the  setting  on  Fire  or  burning  the  old 
Grass  on  Hempstead  Plains;  with  an  addition  thereto]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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 

Unsolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  four  of  the  Clock  in  the  Afternoon. 


Thursday,  the  fourteenth  day  of  December,  1769.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  empowering  the  Justices  of  the  peace  living  or  dwelling  in  the 
Township  of  Schenectady  in  the  County  of  Albany  to  establish  and  regulate  a  Night  Watch, 
appoint  Firemen,  and  other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  continue  An  Act  entituled  An  Act  to  revive  An  Act  entituled 
An  Act  to  empower  the  Justices  of  the  peace  of  the  County  of  Albany  living  or  dwelling  in  the 
Township  of  Schenectady  in  the  said  county  to  regulate  the  streets  and  Highways,  and  to 
prevent  accidents  by  Fire  in  the  said  Town]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  prevent  Damages  by  Swine  in  that  part  of  the  Manor  of 
Renselaerwyck  called  Claverack]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


Fry  day  the  fifteenth  day  of  December,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  KEADE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  empowering  the  Justices  of  the  peace  living  or  dwelling  in  the  Township  of  ^cheriectady 


1720  Journal  of  the  Legislative  Council  of  New  York.  [^  fesS; 

in  the  County  of  Albany  to  establish  and  regulate  a  Night  Watch,  appoint  Firemen  and  other 
purposes  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  an  Act  entituled  an  Act  to  revive  an  Act  entituled  An  Act  to  empower  the  Justices 
of  the  peace  of  the  County  of  Albany  living  or  dwelling  in  the  Township  Schenectady  in 
the  said  County  to  regulate  the  Streets  and  Highways  and  to  prevent  accidents  by  Fire  in  the 
said  Town]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Comittee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  prevent  Damages  by  Swine  in  that  part  of  the  Manor  of  Renselaerwyck  called  Claverack] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  three  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Dewitt  and  Mr  Billop  with  the  Bill  Entituled 
[An  Act  for  charging  the  care  of  providing  for  the  relief  of  the  Poor  in  the  Town  of  Kingston  in 
Ulster  County,  upon  the  Trustees  of  the  Freeholders  and  Commonalty  of  the  said  Town,  and 
for  compelling  Constables  to  execute  their  Offices]  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  eleven  of  the  Clock. 


Saturday  the  sixteenth  day  of  December,  1769. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honourable  OLIVER  DE  LANCEY,  Esquire,  Speaker, 

JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  charging  the  Care  of  providing  for  the  relief  of  the  Poor  in 
the  Town  of  Kingston  in  Ulster  County,  upon  the  Trustees  of  the  Freeholders  and  Commonalty 
of  the  said  Town  and  for  compelling  Constables  to  execute  their  offices]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Council  adjourned  until  Tuesday  next  at  eleven  of  the  Clock  in  the  Morning. 


1769.J  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1721 

Tuesday,  the  nineteenth  day  of  December,  1769. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHOEPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Fryday  next  at  eleven  of  the  Clock  in  the  Morning. 


Friday,  the  twenty  second  day  of  December,  1769. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRTTGER, 
HUGH  WALLACE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Dewitt  and  Mr  De  Lancey  with  the  Bill  entituled 
[An  Act  to  amend  an  Act  entituled  An  Act  for  the  relief  of  the  Poor  in  the  Counties  of  Ulster 
&  Orange  and  to  enable  the  Freeholders  and  Inhabitants  of  the  several  Towns  and  precincts 
the  reof  to  elect  Overseers  of  the  Poor  at  their  annual  Meetings;  so  far  as  the  same  relates  to 
the  County  of  Ulster]  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  till  to  Morrow  Morning  eleven  of  the  Clock. 


Saturday,  the  twenty  third  day  of  December,  1769. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  amend  an  Act  entituled  An  Act  for  the  Relief  of  the  Poor  in 
the  Counties  of  Ulster  and  Orange  and  to  enable  the  Freeholders  and  Inhabitants  of  the  several 
Towns  and  Precincts  thereof  to  elect  Overseers  of  the  Poor  at  their  annual  Meetings ;  so  far  as 
the  same  relates  to  the  County  of  Ulster]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Thursday  next  at  eleven  of  the  Clock  in  the  Morning. 

216 


1722  Journal  of  the  Legislative  Council  of  Neio  York.  [3$  &""£' 

Thursday,  the  twenty  eighth  day  of  December,  1769. 
The  Council  met  according  to  Adjournment. 

PEESEOT  —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Van  Kleek  with  the  Bill  entituled 
[An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
lirst  day  of  January  one  thousand  seven  hundred  and  seventy  to  the  first  day  of  January  one 
thousand  seven  hundred  and  seventy  one  inclusive]  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  till  to  morrow  morning  eleven  of  the  clock. 


Friday,  the  twenty  ninth  day  of  December,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  An  Act  entituled,  An  Act  for  the  better  regulating  the  publick  Roads  in  the 
City  and  County  of  New  York  and  to  levy  Money  to  defray  the  Expence  thereof]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House,  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. 

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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  De  Lancey  with  the  Bill  entiluled, 
[An  Act  further  to  continue  An  Act  intituled,  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  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  and 

Ordered  a  second  reading. 

The  Bill  entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  lirst  day  of  January  one  thousand  seven  hundred  and  seventy  to  the  first 
day  of  January  one  thousand  seven  hundred  and  seventy  one  inclusive]  was  read  the  second 
time,  and 

Ordered  to  be  committed. 


1769.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1723 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

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


Friday,  the  twenty  ninth  day  of  December,  1769.    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his 
Majesty  the  Several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  morrow  morning  eleven  of  the  clock. 


Saturday,  the  thirtieth  day  of  December,  1769. 
The  Council  met  according  to  adjournment. 

PRESENT— TVie  Honourable  DANIEL  HORSJIANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  day  of  January  one  thousand  seven  hundred  and  seventy  to  the  first 
day  of  January  one  thousand  seven  hundred  and  seventy  one  inclusive]  was  read  the  third 
time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time,  and 


1724  Journal  of  the  Legislative  Council  of  New  York.  [ 


S12d 


On  the  Question  being  put. 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  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 
the  better  regulating  the  Publick  Roads  in  the  City  and  County  of  New  York,  and  to  levy 
Money  to  defray  the  Expence  thereof]  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Ten  Eyck  with  the  Bill 
entituled  [An  Act  for  emitting  the  sum  of  one  hundred  and  twenty  thousand  pounds  in  Bills  of 
Credit  to  be  put  out  on  loan  and  to  appropriate  the  Interest  arising  thereon,  to  the  payment  of 
the  Debts  of  this  Colony  and  to  such  publick  Exigencies  as  the  Circumstances  of  this  Colony 
may  from  time  to  time  render  necessary]  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  Honourable  Cadwallader  Colden  Esquire  his  Majesty's  Lieutenant  Governor  and 
Commander  in  Chief  of  this  Province,  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly  in  the 
Council  Chamber. 

The  General  Assembly  attending  accordingly. 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  both  Houses  was  pleased  to  give 
his  Assent  to  sixteen  Bills,  the  Titles  whereof  are  as  follow,  viz' 

An  Act  further  to  continue  An  Act  entituled,  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
first  day  of  January  one  thousand  seven  hundred  and  seventy  to  the  first  day  of  January  one 
thousand  seven  hundred  and  seventy  one  inclusive. 

An  Act  to  continue  An  Act  entituled,  An  Act  for  the  Punishment  of  Persons  in  the  City  of 
New  York,  who  shall  by  false  pretences  obtain  any  Goods  Wares  or  Merchandizes  from  any 
Person  with  intent  to  cheat  or  defraud  such  Person,  with  an  addition  thereto. 

An  Act  to  continue  An  Act  intitled  An  Act  for  the  better  regulating  the  publick  Roads  in 
the  City  and  County  of  New  York  and  to  levy  Money  to  defray  the  Expence  thereof. 

An  Act  for  the  more  effectual  prevention  of  Fires  in  the  City  of  New  York. 

An  Act  to  encourage  the  destroying  of  Wolves  in  the  County  of  Albany. 

An  Act  to  continue  An  Act  entituled  An  Act  to  revive  an  Act  entituled  An  Act  to  impower  the 
Justices  of  the  Peace  of  the  County  of  Albany  living  or  dwelling  in  the  Township  of  Schenectady 
in  the  said  County  to  regulate  the  Streets  and  Highways,  and  to  prevent  Accident  by  Fires  in 
the  said  Town. 

An  Act  empowering  the  Justices  of  the  Peace  living  or  dwelling  in  the  Township  of 
Schenectady  in  the  County  of  Albany  to  establish  and  regulate  a  Night  Watch,  appoint 
Firemen  and  other  purposes  therein  mentioned. 

An  Act  to  prevent  damages  by  Swine  in  that  part  of  the  Manor  of  Renselaerwyck  called 
Claverack. 

An  Act  to  continue  An  Act  entituled  An  Act  to  revive  an  Act  entituled  An  Act  for  the  better 
Relief  of  the  Poor  in  Dutches  County. 

An  Act  to  revive  An  Act  entituled  An  Act  to  prevent  the  Diging  of  Pitts  for  the  taking  of 
Deer  in  Queens  and  Suffolk  Counties. 

An  Act  to  continue  An  Act  entituled  An  Act  to  prevent  the  setting  on  Fire  or  burning  the 
old  Grass  on  Hernpstead  Plains  with  an  addition  thereto. 

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  enable  the  Freeholders  and  Inhabitants  of  the  several  Towns  therein  mentioned  in 
the  County  of  Suffolk  to  elect  a  greater  number  of  Constables  in  their  respective  Townships. 

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,  so  far  as  the  same  relates  to  Ulster  County. 

An  Act  to  enable  the  Supervisors  of  the  County  of  Orange  to  hold  their  annual  Meetings  at 
or  as  near  the  Center  of  said  County  as  conveniently  can  be  for  the  Good  of  the  publick  service. 

After  which  the  said  Acts  were  published  as  usual  and  the  Council  being  returned  to  the 
Council  Chamber, 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Wednesday  next  at  eleven  of  the  Clock  in  the  Morning. 


1770.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1725 

Wednesday,  third  day  oj  January,  1770. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  emitting  the  sum  of  One  hundred  and  twenty  thousand 
Pounds  in  Bills  of  Credit  to  be  put  out  on  Loan  and  to  appropriate  the  Interest  arising  thereon 
to  the  payment  of  the  Debts  of  this  Colony  and  to  such  publick  Exigencies  as  the  Circumstances 
of  this  Colony  may  from  Time  to  Time  render  necessary]  was  read  the  second  time  and 

Ordered  to  be  comitted. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


Thursday  the  fourth  day  of  January,  1770. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Dewitt  with  the  Bill  Entituled 
[An  Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Broeck  and  Mr  Gale  with  the  Bill  Entituled 
[An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of  Albany  for 
the  Time  being  or  the  Major  part  of  them  to  order  the  raising  a  sum  not  exceeding  two  hundred 
and  fifty  pounds  for  the  uses  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  and 

Ordered  a  second  Reading 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Mr  Kissam  with  the  Bill 
Entituled  [An  Act  for  making  a  further  provision  of  two  thousand  Pounds  for  furnishing  his 
Majesty's  Troops  quartered  in  this  Colony  with  Necessaries]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An  Act 
for  emitting  the  sum  of  One  hundred  and  twenty  thousand  Pounds  in  Bills  of  Credit  to  be  put 
out  on  Loan  and  to  appropriate  the  Interest  arising  thereon  to  the  payment  of  the  Debts  of  this 
Colony  and  to  such  publick  Exigencies  as  the  circumstances  of  the  Colony  may  from  Time  to 
Time  render  necessary]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

Ordered  that  the  said  Bill  be  read  the  third  time. 


1726  Journal  of  the  Legislative  Council  of  New  York.  ["d^""™' 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Ten  Brceck  with  the  Bill 
entitled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or 
the  ji..)u.  p.uL  ol  then,  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred  pounds  for 
the  uses  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  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  four  of  the  Clock  in  the  Afternoon. 


Thursday  the  fourth  day  of  January,  1770.     P.  M. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esqn. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  this 
Colony]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  Time  being  or  the  Major  part  of  them  to  order  the  raising  a  sum  not 
exceeding  two  hundred  and  fifty  pounds  for  the  uses  therein  mentioned]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  making  a  further  Provision  of  two  thousand  Pounds  for 
furnishing  his  Majesty's  Troops  quartered  in  this  Colony  with  Necessaries  for  one  year]  was  read 
the  second  time  and 

Ordered  to  be  comitted. 

The  Bill  entituled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  or  the  Major  part  of  them  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred 
Pounds  for  the  uses  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


Friday,  the  fifth  day  of  January,  1770. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  this  Colony]  and  after  some  time 
spent  therein, 


1770.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1727 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  J,he  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of  Albany  for  the 
Time  being  or  the  Major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  two  hundred 
and  fifty  Pounds  for  the  uses  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cnjger  from  the  Committee  of  the  whole  House  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. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  making  a  further  Provision  of  Two  thousand  pounds  for  furnishing  his  Majesty's  Troops 
quartered  in  this  Colony  with  Necessaries  for  One  year]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the  Major  part 
of  them  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred  Pounds  for  the  uses  therein 
mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  An  Act  entituled  An  Act  for  the  Relief  of  the  Poor  in  the  Counties  of  Ulster  and 
Orange  and  to  enable  the  Freeholders  and  Inhabitants  of  the  several  Towns  and  Precincts 
thereof  to  elect  Overseers  of  the  Poor  at  their  annual  Meetings,  so  far  as  the  same  relates  to  the 
County  of  Ulster]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House,  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  the  said  Bill  without  any 
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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Kissam  with  the  Bill  entituled 
[An  Act  to  revive  and  continue  an  Act  intitled  An  Act  to  prevent  Frauds  by  the  Adulteration 
of  Pot  Ash  and  Pearl  Ash]  desiring  the  Concurrence  of  the  Council  thereto. 


1728  Journal  of.  the  Legislative  Council  of  New  York.  [ 


3£f 


Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  & 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Col.  Philipse  with  the  Bill  entituled 
[An  Act  to°  establish  the  Rates  to  be  taken  for  Wharfage  of  Ships  and  other  Vessels,  and  the 
Rates  to  be  taken  for  Cranage  within  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  Honourable  Cadwallader  Colden  Esquire  his  Majesty's  Lieutenant  Governor  and 
Commander  in  Chief  of  this  Province  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly  in  the 
Council  Chamber. 

The  General  Assembly  attending  accordingly 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  both  Houses  was  pleased  to  give  his 
Assent  to  five  Bills,  the  Titles  whereof  are  as  follow  : 

An  Act  for  making  a  further  Provision  of  Two  thousand  Pounds  for  furnishing  his  Majesty's 
Troops  Quartered  in  this  Colony  with  necessaries  for  one  year. 

An  Act  for  emitting  the  sum  of  one  hundred  and  twenty  thousand  Pounds  in  Bills  of  Credit 
to  be  put  out  on  Loan,  and  to  appropriate  the  Interest  arising  thereon  to  the  payment  of  the 
Debts  of  this  Colony,  and  to  such  publick  Exigencies  as  the  Circumstances  of  this  Colony  may 
from  time  to  time  render  necessary. 

An  Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  this  Colony. 

An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the  major 
part  of  them,  to  order  the  raising  a  sum  not  exceeding  sixteen  hundred  Pounds  for  the  uses 
therein  mentioned. 

An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of  Albany,  for 
the  time  being,  or  the  major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  two  hundred 
and  fifty  Pounds  for  the  uses  therein  mentioned. 

After  which  the  said  Acts  were  published  as  usual,  and  the  Council  being  returned  to  the 
Council  Chamber 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  til  Wednesday  next  at  Eleven  of  the  Clock  in  the  morning. 


Wednesday,  the  tenth  day  of  January,  1770. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The,  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Kissam  with  the  Bill  Entituled  [An 
Act  to  amend  An  Act  entituled  An  Act  more  effectually  to  prevent  the  killing  of  Deer  and 
firing  the  Woods  within  this  Colony,  so  far  as  the  same  relates  to  the  Counties  of  Suffolk  and 
Queens]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Broeck  and  Mr  Ten  Eyck  witli  the  Bill 
entituled  [An  Act  to  prevent  Accidents  by  Fire  in  that  part  of  the  Manor  of  Renselaerwyck 
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,  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Colonel  Woodhull  and  Mr  Van  Cortland  with  the 
Bill  entituled  [An  Act  to  impower  the  Freeholders  of  the  Town  of  Huntington  in  the  County 


1770.]  Ca dwallader  Golden,  Esq :  Lieut.  Governor.  1729 

of  Suffolk  to  make  prudential  Orders  for  the  better  regulating,  collecting  and  parting  their 
Sheep,  feeding  on  the  Plains,  and  other  common  Lands  in  the  said  Town :  and  to  sell  such 
stray  sheep  as  shall  be  left  at  the  time  of  parting]  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. 

A  Message  from  the  General  Assembly  by  Mr  Mynderse  and  Mr  Rapalje  with  the  Bill 
entituled  [An  Act  to  raise  within  the  Township  of  Schenectady  the  sum  of  two  hundred  and 
fifty  pounds  to  purchase  a  Fire  Engine  Leather  Buckets  and  for  other  purposes  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Gale  with  the  Bill  entituled 
[An  Act  for  the  Inspection  of  Sole  Leather  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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Colonel  Schuyler  with  the  Bill 
entituled  [An  Act  for  the  better  laying  out,  regulating  and  keeping  in  repair  the  Common  and 
Publick  Highways  in  such  Precincts  in  the  County  of  Ulster  as  are  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,  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Kissam  with  the  Bill  entituled 
[An  Act  to  revive  and  continue  An  Act  entituled  An  Act  to  prevent  Frauds  by  the 
adulteration  of  Pott  Ash  and  Pearl  Ash]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Boerum  with  the  Bill  entituled 
[An  Act  to  revive  and  continue  An  Act  entituled  An  Act  to  ascertain  the  size  of  Casks  in 
which  White  Bread  shall  be  packed  within  the  City  of  New  York,  and  to  regulate  the  manner 
in  which  the  same  shall  be  sold]  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  Bill  entituled  [An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage  of  Ships  and 
other  Vessels,  and  the  Rates  to  be  taken  for  Cranage  within  the  City  of  New  York]  was  read 
the  second  time,  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House,  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  the  Bill 
Ordered  a  third  reading. 

The  Council  adjourned  till  to  morrow  morning  eleven  of  the  clock. 


217 


1730  Journal  of  the  Legislative  Council  of  New  York.  \^aSST 

Thursday,  the  eleventh  Jay  of  January,  1770. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  OLIVER  DE  LANCET,  Esquire,  Speaker, 

JOSEPH  READE, 
ROGER  MORRIS, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  MrDe  Noyelles  and  Mr  De  Lancey  with  the  Bill 
entituled  [An  Act  to  enable  all  Persons  who  are  his  Majesty's  Liege  Subjects,  either  by  Birth 
or  Naturalization  to  Inherit  and  hold  real  Estates,  notwithstanding  any  defect  of  purchases 
made  before  naturalization  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. 

The  Bill  entituled  [An  Act  to  amend  An  Act  entituled  An  Act  more  effectually  to  prevent 
the  killing  of  Deer,  and  firing  the  Woods  within  this  Colony,  so  far  as  the  same  relates  to  the 
Counties  of  Suffolk  and  Queens]  was  read  the  second  time  and 

Ordered,  to  be  committed. 

The  Bill  entituled  [An  Act  to  prevent  Accidents  by  fire  in  that  part  of  the  Manor  of 
Renselaerwyck  therein  mentioned]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  impower  the  Freeholders  of  the  Town  of  Huntington  in  the 
County  of  Suffolk  to  make  prudential  Orders  for  the  better  regulating  collecting  and  parting 
their  Sheep  feeding  on  the  Plains  and  other  common  Lands  in  the  said  Town,  and  to  sell  such 
stray  Sheep  as  shall  be  left  at  the  time  of  parting]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  raise  within  the  Township  of  Schenectady  the  sum  of  two 
hundred  and  fifty  Pounds  to  purchase  a  Fire  Engine,  Leather  Buckets  and  for  other  purposes 
therein  mentioned]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  Inspection  of  Sole  Leather  in  the  City  of  New  York]  was 
read  the  second  time,  and 

Oidered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  better  laying  out,  regulating  and  keeping  in  repair  the 
common  and  Publick  Highways  in  such  Precincts  in  the  County  of  Ulster  as  are  therein 
mentioned]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  revive  and  continue  An  Act  entituled,  An  Act  to  prevent 
Frauds  in  the  adulteration  of  Pot  Ash  and  Pearl  Ash]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  revive  and  continue  An  Act  intituled,  An  Act  to  ascertain  the 
size  of  Casks  in  which  White  Bread  shall  be  packed,  within  the  City  of  New  York,  and  to 
regulate  the  manner  in  which  the  same  shall  be  sold]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  morrow  morning  eleven  of  the  clock. 


1770.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1731 

Friday,  tlie  twelfth  day  of  January,  1770. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  REAOE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRCGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  charging  the  Care  of  providing  for  the  relief  of  the  Poor  in  the  town  of  Kingston  in 
Ulster  County  upon  the  Trustees  of  the  Freeholders  and  Commonalty  of  the  said  Town  ;  and 
for  compelling  Constables  to  execute  their  offices]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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. 

The  Bill  intituled  [An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage  of  ships  and  other 
vessels,  and  the  Rates  to  be  taken  for  Cranage  within  the  City  of  New  York]  was  read  the 
third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  and  the  Bill  intituled  [An  Act  to  amend  An  Act  intituled  An  Act  for  the 
Relief  of  the  Poor  in  the  Counties  of  Ulster  and  Orange,  and  to  enable  the  Freeholders  and 
Inhabitants  of  the  several  Towns  and  precincts  thereof  to  elect  Overseers  of  the  Poor  at  their 
annual  Meetings  ;  so  far  as  the  same  relates  to  the  County  of  Ulster]  without  any  Amendment. 

The  Bill  intituled  [An  Act  to  enable  all  Persons  who  are  his  Majesty's  liege  Subjects  either 
by  Birth  or  Naturalization  to  inherit  and  hold  real  Estates  notwithstanding  any  defect  of 
purchase  made  before  Naturalization  within  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Billop_with  the  Bill 
entituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange  County]  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. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman,  and  Mr  Van  Kleek  with  the  Bill 
entituled  [An  Act  impowering  and  directing  the  Treasurer  of  this  Colony  to  sue  for  Duties  still 
due  to  the  late  Treasurer  of  this  Colony  and  other  purposes  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck,  and  Mr  De  Witt  with  the  Bill 
entituled  [An  Act  to  prevent  the  removal  of  Actions  of  Ejectment  for  Lands  brought  in  any  of 
the  County  Courts  to  the  Supreme  Court  unless  the  Lands  in  Dispute  do  exceed  in  Value  the 
sum  of  five  hundred  Pounds]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Col  Philips  with  the  Bill 
entituled  [An  Act  declaring  certain  persons  therein  mentioned  incapable  of  being  Members  of 
the  General  Assembly  of  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 


1732  Journal  of  the  Legislative  Council  of  New   York.  [3^1  £?£,".• 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Van  Cortlandt  with  the  Bill 
entituled  [An  Act  more  effectually  to  prevent  Damages  by  Swine  in  the  County  of  Orange] 
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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  an  Act  entituled  An  Act  more  effectually  to  prevent  the  killing  of  Deer  and  firing 
the  Woods  within  this  Colony,  so  far  as  the  same  relates  to  the  Counties  of  Suffolk  and  Queens] 
and  after  some  time  spent  therein, 
The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 
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. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to    prevent    Accidents    by  Fire  in   that  part  of  the   Manor   of  Renselaervvyck    therein 
mentioned]  and  after  some  time  spent  therein 
The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 
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  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  last  mentioned  without  any  amendment. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  impower  the  Freeholders  of  the  Town  of  Huntington  in  the  County  of  Suffolk  to  make 
prudential  Orders  for  the  better  regulating  collecting  and  parting  their  Sheep  feeding  on  the 
plains  and  other  common  Lntuls  in  the  said  Town  and  to  sell  such  stray  Sheep  as  shall  be  left  at 
the  time  of  parting]  and  after  some  time  spent  therein, 
The  Speaker  resumed  the  Chair,  and 

Mp  Cruger  from  the  Committee  of  the  Whole  House,  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. 
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. 
The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  raise  within  the  Township  of  Schenectady  the  sum  of  two  hundred  and  fifty  Pounds  to 
purchase  a  Fire  Engine,  Leather  Buckets,  and  for  other  purposes  therein  mentioned]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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. 
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  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  last  mentioned  Bills  without  any  Amendment. 
The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  Inspection  of  Sole  Leather  in  the  City  of  New  York]  and  after  some  time  spent 
therein, 


1770]  Cadwallader  Colden,  Esq  :  Lieut.  Governor.  1733 

The  Speaker  resumed  the  Chair  and 

Mr  Reade  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  entituled  [An 
Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  the  Common  and  Publick 
Highways  in  such  precincts  in  the  County  of  Ulster  as  are  therein  mentioned]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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  Mr  Smith  do  Acquaint  the  General  Assembly  that  the  Council  have  Passed  the 
said  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  revive  and  continue  an  Act  intituled  an  Act  to  Prevent  Frauds  by  the  Adulteration  of 
Pot  Ash,  and  Pearl  Ash]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  revive  and  continue  an  Act  intituled  An  Act  to  ascertain  the  Size  of  Casks  in  which 
White  Bread  shall  be  packed  within  the  City  of  New  York,  and  to  regulate  the  manner  in 
which  the  same  shall  be  sold]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Wallace  from  the  Comittee  of  the  whole  House  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. 
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  Mr  Morris  do  Acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  Tuesday  next  eleven  of  the  Clock  in  the  Morning. 


1734  Journal  of  the  Legislative  Council  of  New  York.  [s$  ffi- 

Tuesday,  the  sixteenth  day  of  January,  1770. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Rapalje  with  the  Bill 
intituled  [An  Act  to  exempt  Protestants  of  all  Denominations  from  paying  any  Clergyman  by 
compulsory  Taxation]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Novel les  and  Mr  Ten  Broeck  with  the 
Bill  entituled  [An  Act  to  enable  every  Church  or  Corporation  of  Reformed  Protestants  in  the 
Counties  therein  mentioned  without  Discrimination  to  take  and  hold  Estates  to  the  value  of 
One  hundred  Pounds  sterling  per  annum  given  to  them  for  the  support  of  the  Gospel  and  for 
other  purposes  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  and 

Ordered  a  second  Reading. 

The  Honourable  Daniel  Horsmanden  Esquire  came  into  the  House  and  as  Speaker  assumed 
the  Chair. 

The  Bill  intituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange  County]  was 
read  the  second  Time  and 

Ordered  to  be  committed. 

The  Bill  intituled  [An  Act  impowering  and  directing  the  Treasurer  of  this  Colony  to  sue  for 
Duties  still  due  to  the  late  Treasurer  of  this  Colony  and  other  Purposes  therein  mentioned]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  intituled  [An  Act  to  prevent  the  Removal  of  Actions  of  Ejectment  for  Lands  brought 
in  any  of  the  County  Courts  to  the  Supreme  Court,  unless  the  Lands  in  Dispute  do  exceed  in 
Value  the  sum  of  five  hundred  Pounds]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  that  the  same  should  be  rejected. 

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

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

The  Bill  intituled  [An  Act  declaring  certain  Persons  therein  mentioned  incapable  of  being 
Members  of  the  General  Assembly  of  this  Colony]  was  read  the  second  time  and 

On  the  Question  being  put  whether  the  Bill  should  be  committed, 

Mr  Smith  moved  that  the  Bill  should  not  be  committed, 

Which  passed  in  the  Negative. 

Whereupon  it  is 

Ordered,  that  the  said  Bill  be  committed. 
DISSENTIENT — M  Smith. 


1770.]  Cadwallader  Colden,  Esq:  Lieut.  Governor.  1735 

The  Bill  intituled  [An  Act  more  effectually  to  prevent  Damages  by  Swine  in  the  County  of 
Orange]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  Reading. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


Wednesday,  the  seventeenth  day  of  January,  1770. 

The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUOER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Gale  with  the  Bill  intituled 
[An  Act  to  prevent  the  evil  practice  of  Sherifs  taking  the  Effects  of  any  Person  or  persons  by  a 
mere  Suggestion  alledged  in  a  writ  of  Replevin  against  a  plea  of  Title  set  up  by  any  such  person 
or  persons]  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. 

A  Message  from  the  General  Assembly  by  Mr  Billop  and  Mr  Ten  Broeck  with  the  Bill 
intituled  [An  Act  to  make  the  Gold  Coin  therein  mentioned  a  lawful  Tender  under  certain 
Regulations]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Colonel  Philipse  with  the  Bill 
intituled  [An  Act  to  enable  the  Supervisors  of  the  several  Counties  of  this  Colony  therein 
mentioned  to  take  security  of  their  respective  County  Treasurer  before  he  enters  upon  the 
Execution  of  his  office]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  for  the  more  equal  Taxation  of  Estates  in  Orange  County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Comittee 
had  gone  through  the  said  Bill  and  made  an  Amendment  thereto  which  he  read  in  his  place  and 
then  delivered  the  Bill  with  the  Amendment  in  at  the  Table  where  the  Amendment  was  again 
read  and  being  agreed  to,  was 

Ordered  to  be  engrossed  and  the  Bill 

Ordered  a  third  reading  as  amended. 

The  Bill.intituled  [An  Act  impowering  and  directing  the  Treasurer  of  this  Colony  to  sue  for 
Duties  still  due  to  the  late  Treasurer  of  this  Colony  and  other  Purposes  therein  mentioned]  was 
read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  intituled  [An  Act  more  effectually  to  prevent  Damages  by  Swine  in  the  County  of 
Orange]  was  read  the  third  time  and 


"a? 


1736  Journal  of  the  Legislative  Council  of  New  York.  [ 

On  the  Question  being  put 
Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


Thursday,  the  eighteenth  day  of  January,  1770. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honourable,  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  EEADE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  intituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange  County]  was 
read  the  third  time  as  amended  and 

On  Question  being  put, 

Resolved,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Apthorpe  do  carry  the  said  Bill  together  with  the  amendment  made 
thereto  by  this  House  to  the  General  Assembly  and  acquaint  them  that  the  Council  have  passed 
the  Bill  with  the  said  amendment  to  which  they  desire  the  concurrence  of  that  House. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Cap'  De  Lancey  with  the 
Bill  intituled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange  County]  with  the 
amendment  made  thereto  by  this  Council  acquainting  this  House  that  the  General  Assembly 
have  agreed  to  the  said  Amendment  and  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  inserting  the  following  Proviso  after  the 
"word  incurred  in  the  2Slh  Line  of  the  second  Page — "Provided  always  that  nothing  herein 
contained  shall  be  construed  to  oblige  any  Person  to  give  in  any  Account  of  any  Sums  of 
Money  due  to  him  or  of  his  Household  Furniture,  Jewells,  plate  or  wearing  apparel." 

The  Bill  intituled  [An  Act  to  enable  every  Church  or  Corporation  of  Reformed  Protestants 
in  the  Counties  therein  mentioned  without  Discrimination  to  take  and  hold  Estates  to  the 
Value  of  One  hundred  Pounds  Sterling  per  Annum  given  to  them  for  the  Support  of  the  Gospel 
and  other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intituled  [An  Act  to  prevent  the  evil  Practice  of  Sherifs  taking  the  Effects  of  any 
Person  or  persons  by  a  mere  Suggestion  alledged  in  a  Writ  of  Replevin  against  a  plea  of  Title 
set  up  by  any  such  Person  or  Persons]  was  read  the  second  time  and 

f\rdered  to  be  Committed. 

The  Bill  intituled  [An  Act  to  enable  the  Supervisors  of  the  several  Counties  of  this  Colony 
therein  mentioned  to  take  Security  of  their  respective  County  Treasurer  before  he  enters  upon 
the  Execution  of  his  Office]  was  read  the  second  time  and 

[\rdercd  to  be  Committed. 

The  Bill  intituled  [An  Act  to  exempt  Protestants  of  all  Denominations  from  paying  any 
Clergymen  by  compulsory  Taxation]  was  read  the  second  time,  and 

Qrdered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  Time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  reported  that  the  Committee  had 
gone  through  the  said  Bill  and  had  directed  him  to  report  that  the  same  should  be  rejected. 

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

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

The  Bill  intituled  [An  Act  to  make  the  Gold  Coin  therein  mentioned  a  lawful  Tender  under 
certain  Regulations]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


1770.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1737 

i 
Friday,  the  nineteenth  day  of  January,  1770. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  DANIEL  HOUSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Schuyler  and  Mr  Gale  with  the  Bill  intituled 
[An  Act  to  revive  An  Act  intituled  An  Act  to  prevent  Defaults  of  grand  and  petit  Jurors 
Constables  and  other  Persons;  with  an  Addition  thereto]  desiring  the  Concurrence  of  the 
Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  lime  and 

Onlercd  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Billop  and  Colonel  Woodhul  with  the  Bill 
intituled  [An  Act  to  disable  persons  holding  certain  offices  therein  named  from  being  elected 
or  serving  in  General  Assembly]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Onlcred  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Mr  Mynderse  with  the  Bill 
intituled  [An  Act  to  impower  the  Freeholders  and  Inhabitants  of  llykes  patent  in  the  Manor 
of  Cortlandt  in  Westchester  County,  to  elect  annually  one  Supervisor  and  such  other  officers  as 
are  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Van  Kleeck  with  the  Bill 
intituled  [An  Act  to  revive  an  Act  intituled  An  Act  to  enable  the  Mayor  [Deputy  Mayor] 
Recorder  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  Freshwater  a-id  other  purposes  therein  mentioned ;  with  an  Addition 
thereto]  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  till  Tuesday  next  at  eleven  of  the  Clock  in  the  Morning, 


Tuesday,  the  twenty  third  day  of  January,  1770. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Schuyler  and  Colonel  Seaman  with  the  Bill 
intituled  [An  Act  to  revive  an  Act  intituled  An  Act  for  regulating  the  Militia  of  the  Colony  of 
New  York]  desiring  the  Concurrence  of  the  Council  thereto. 

218 


1738  Journal  of  the  Legislative  Council  of  New  York.  [3Ja  s"«7°.' 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

A  Mewa*e  frornthe  General  Assembly  by  Mr  Walton  and  Mr  Ten  Eyck  with  the  Bill  intituled 
[An  Act  more  effectually  to  enable  persons  to  recover  Debts  in  this  Colony  on  Promisary 
Notes]  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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Ten  Eyck  with  the  Bill  intituled 
[An  Act  for  the  better  regulation  of  the  publick  Inns  and  Taverns  in  the  Counties  of  Ulster 
and  Orange]  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Jauncey  with  the  Bill  intituled 
[An  Act  to  amend  an  Act  intituled  An  Act  for  the  better  laying  out  regulating  and  keeping  in 
Repair  comon  public  and  private  Highways  on  the  North  Side  of  the  Highlands  in  the 
County  of  Orange]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Broeck  and  Mr  Mynderse  with  the  Bill 
Entituled  [An  Act  to  revive  the  several  Acts  therein  mentioned  relative  to  the  Publick 
Highways  in  the  County  of  Albany]  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. 

A  Message  from  the  General  Assembly  by  Captain  De  Lancey  and  Mr  Kissam  with  the  Bill 
Entituled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  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  read. 

Then  the  said  Bill  was  read  the  first  time,  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Dewitt  with  the  Bill 
entituled  [An  Act  to  amend  An  Act  entituled,  An  Act  to  enable  the  Freeholders  arid 
Inhabitants  of  the  Manor  of  Renselaerwyck  to  elect  six  Assessors,  three  Collectors,  eight 
Constables,  two  Clerks,  Pound  Masters,  Fence  Viewers  and  Surveyors  of  the  Highways] 
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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  declaring  certain  Persons  therein  mentioned,  incapable  of  being  members  of  the  General 
Assembly  of  this  Colony]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  made  several  Amendments  thereto,  which  he  read  in  his 
place,  and  then  delivered  the  said  Bill  with  the  Amendments  in  at  the  Table,  where  the  same 
were  again  read,  and  being  agreed  to,  the  Amendments  were 

Ordered  to  be  engrossed  and  being  engrossed 

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

Then  the  said  Bill  was  read  the  third  time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  De  Lancey  do  carry  the  said  Bill  back  to  the  General  Assembly,  with  the 
Amendments  made  thereto  by  this  House,  and  acquaint  the  General  Assembly  that  the  Council 
have  passed  the  Bill  with  the  said  Amendments,  to  which  they  desire  the  concurrence  of  that 
House. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  enable  every  Church  or  Congregation  of  Reformed  Protestants  in  the  Counties  therein 
mentioned,  without  Discrimination  to  take  and  hold  Estates  to  the  value  of  one  hundred 
ponnds  Sterling  per  annum,  given  to  them  for  the  Support  of  the  Gospel,  and  for  other 
purposes  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 


1770.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1739 

Mr  Apthorpe  from  the  Committee  of  the  whole  House,  in  his  place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  had  directed  him  to  report  that  the  same  should 
be  rejected. 

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

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  enable  the  Supervisors  of  the  several  Counties  of  this  Colony  therein  mentioned  to  take 
security  of  their  respective  County  Treasurer,  before  he  enters  upon  the  execution  of  his  Office] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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. 

The  Bill  entituled  [An  Act  to  revive  An  Act  entituled  An  Act  to  prevent  the  Defaults  of 
Grand  and  Petit  Jurors,  Constables  and  other  persons,  with  an  Addition  thereto]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  disable  persons  holding  certain  Offices  therein  named  from 
being  elected  or  serving  in  General  Assembly]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intituled  [An  Act  to  impower  the  Freeholders  and  Inhabitants  of  Rykes  Patent  in 
the  Manor  of  Cortlandt  in  Westchester  County,  to  elect  annually  one  Supervisor,  and  such  other 
Officers  as  are  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  revive  An  Act  entituled,  An  Act  to  ena.ble  the  Mayor,  Deputy 
Mayor  Recorder  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  public  Wells  and  Pumps  in 
the  said  City  to  the  south  of  Fresh  Water,  and  other  purposes  therein  mentioned,  with  an 
Addition  thereto]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Nicoll  with  the  Bill 
entituled  [An  Act  declaring  certain  Persons  therein  mentioned  incapable  of  being  Members  of 
the  General  Assembly  of  this  Colony]  with  the  Amendments  made  thereto  by  this  House, 
acquainting  this  House  that  the  General  Assembly  have  agreed  to  the  said  Amendments,  and 
desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  adding  in  page  the  first,  Line  the  twenty 
second,  after  the  word  Assembly,  the  words  [any  Law  Usage  or  Custom  to  the  contrary  thereof 
in  any  wise  notwithstanding]  and  striking  out  the  last  clause  of  the  Bill,  which  clause  is  in 
these  words  ["And  be  it  further  Enacted  by  the  Authority  aforesaid,  that  if  any  Member  of  the 
present  or  any  future  General  Assembly,  after  the  Publication  hereof,  shall  accept  of  or  take 
any  other  Post  or  Place  of  Profit,  Honour  or  Trust,  under  the  Government,  after  his  being 
elected  and  returned  a  Member  of  the  present  or  any  future  General  Assembly,  his  seat  shall 
be  ipso  facto  void  and  a  Writ  issue  for  a  new  election  Nevertheless  such  Person  shall  be 
capable  of  being  re  Elected,  any  Law,  Usage  or  Custom  to  the  contrary  hereof  in  any  wise 
notwithstanding."] 

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


1740  Journal  of  the  Legislative  Council  of  New  York.  [3$  sewn. 

Tuesday,  the  twenty  third  day  of  January,  1770.    P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  revive  An  Act  entituled  An  Act  for  regulating  the  Militia  of 
the  Colony  of  New  York]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  more  effectually  to  enable  Persons  to  recover  Debts  in  this  Colony 
on  Promisory  Notes]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  better  regulation  of  publick  Inns  and  Taverns  in  the 
Counties  of  Ulster  and  Orange]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  antituled  [An  Act  to  amend  An  Act  entituled  An  Act  for  the  better  laying  out, 
regulating  and  keeping  in  repair  Common  Publick  and  Private  Highways  on  the  north  side 
of  the  Highlands  in  the  County  of  Orange]  was  read  the  second  time,  and 

Ordered  to  be  committed. " 

The  Bill  entituled  [An  Act  to  revive  the  several  Acts  therein  mentioned  relative  to  Publick 
Highways  in  the  County  of  Albany]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  the  Colony  of  New 
York,  with  respect  to  the  Imprisonment  of  their  persons]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  intituled  [An  Act  to  amend  An  Act  intituled  An  Act  to  enable  the  Freeholders  and 
Inhabitants  of  the  Manor  of  Renselaerwyck  to  elect  six  Assessors,  three  Collectors,  eight 
Constables,  two  Clerks,  Pound  Masters,  Fence  Viewers  and  Surveyors  of  the  Highways]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


Wednesday,  the  twenty  fourth  day  of  January,  1770. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  intituled  [An  Act  to  revive  An  Act  intituled  An  Act  to  prevent  the  Defaults  of  Grand 
and  Petit  Jurors,  Constables  and  other  Persons,  with  an  Addition  thereto]  was  read  the  third 
time  and 

On  the  Question  being  put 

Resohcd,  that  the  said  Bill  do  pass. 

Ordered,  thatMr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  and  the  Bill  intituled  [An  Act  to  enable  the  Supervisors  of  the  several  Counties  of 
this  Colony  therein  mentioned,  to  take  Security  of  their  respected  County  Treasurer,  before  he 
enters  upon  the  Execution  of  his  office]  without  any  Amendment. 


1770.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1741 

The  Bill  intituled  [An  Act  to  revive  an  Act  intituled  An  Act  to  enable  the  Mayor  Deputy 
Mayor  Recorder  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  public  Wells  and  Pumps  in  the 
said  City  to  the  south  of  Fresh  Water  and  other  purposes  therein  mentioned:  with  an  Addition 
thereto]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  revive  An  Act  intituled  An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  more  effectually  to  enable  persons  to  recover  Debts  in  this  Colony  on  Promisory  Notes] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chnir  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  for  the  better  Regulation  of  the  public  Inns  and  Taverns  in  the  Counties  of  Ulster  and 
Orange]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Comittee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  amend  an  Act  intituled  An  Act  for  the  better  laying  out  regulating  and  keeping  in 
Repair  common  public  and  private  Highways  on  the  North  side  of  the  Highlands  in  the  County 
of  Orange]  and  alter  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  revive  the  several  Acts  therein  mentioned  relative  to  publick  Highways  in  the  County  of 
Albany]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  the  Fame  without  any  Amendment. 

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


*£' 


1742  Journal  of  the  Legislative  Council  of  New  York.  [ 

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. 

The  Speaker  left  the  Chair,  and  -,--,,   rx 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  amend  an  Act  intituled  An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  Manor 
of  Renselaervvyck  to  elect  six  Assessors,  three  Collectors,  Eight  Constables,  two  Clerks,  Pound 
Masters,  Fence  Viewers,  and  Surveyors  of  the  Highways]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  ot. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


Thursday,  the  twenty  fifth  day  of  January,  1770. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHOEPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  Schuyler  and  Mr  Dewitt  desiring  to  know 
what  progress  this  House  hath  mads  in  the  Bill  intituled  [An  Act  to  exempt  Protestants  of  all 
Denominations  from  paying  any  clergyman  by  compulsory  Taxation.] 

In  Answer  to  the  said  Message, 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  this  House  hath  rejected  the 
said  Bill. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Jauncey  desiring  to 
know  what  progress  this  House  hath  made  in  the  Bill  intituled  [An  Act  to  enable  every 
Church  or  Congregation  of  Reformed  Protestants  in  the  Counties  therein  mentioned  without 
Discrimination,  to  take  and  hold  Estates  to  the  value  of  One  hundred  Pounds  sterling  f 
annum,  given  to  them  for  the  support  of  the  Gospel  and  for  other  purposes  therein  mentioned.] 

In  Answer  to  the  said  Message, 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  this  House  hath  rejected  the 
said  Bill. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  Relief  of  Insolvent  Debtors  within  the  Colony  of  New  York  with  respect  to  the 
Imprisonment  of  their  persons]  and  after  some  Time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House,  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  lleport  on  the  Question  being  put  was  agreed  to  and  approved  of. 

Ordered,  that  the  s?iid  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. 


1770.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1743 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  impower  the  Freeholders  and  Inhabitants  of  Rykes  Patent  in  the  Manor  of  Cortlandt  in 
Westchester  County,  to  elect  annually  one  Supervisor  and  such  other  Officers  as  are  therein 
mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  amendment. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Nicoll  with  the  Bill  intituled 
[An  Act  to  restrain  Hawkers  and  Pedlars  within  this  Colony  from  selling  without  Lycense] 
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. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Colonel  Woodhull  with  the 
Bill  intituled  [An  Act  to  amend  an  Act  intituled  An  Act  for  regulating  the  sale  of  Goods  to  be 
sold  at  public  Vendue,  Auction  or  Outcry  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Billop  with  the  Bill  intituled 
[An  Act  to  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  and  County  of  New  York,  to 
raise  and  pay  into  the  Treasury  the  arrears  of  Taxes  due  from  the  said  City  and  County] 
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. 

A  Message  from  the  General  Assembly  by  Captain  De  Lancey  and  Mr  Nicol  with  the  Bill 
intituled  [An  Act  to  amend  An  Act  intituled  An  Act  for  setting  a  Ministry  and  raising  a 
Maintenance  for  them  in  the  City  of  New  York,  County  of  Richmond,  Westchester  and  Queens 
County:  And  an  Act  intituled  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,  so  far  as  the 
same  relates  to  the  Election  of  Church  Wardens  and  Vestrymen  of  the  Cily  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  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  disable  Persons  holding  certain  Offices  therein  named  from  being  elected  or  serving  in 
General  Assembly]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the 
Committee  had  gone  through  the  said  Bill  and  made  several  Amendments  thereto,  which  he  read 
in  his  place,  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table,  where  the 
Amendments  were  again  read  and  being  agreed  to,  were 

Ordered  to  be  engrossed,  and  the  Bill 

Ordered  a  third  reading  as  amended. 

The  Council  adjourned  till  four  of  the  Clock  this  Afternoon. 


1744  JournaC  of  the  Legislative  Council  of  New  York.  PMS^?™' 

Thursday,  the  twenty  Jifth  day  of  January,  1770.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTUORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  restrain  Hawkers  and  Pedlars  within  this  Colony  from  selling 
without  Lycence]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intituled  [An  Act  to  amend  An  Act  intituled  An  Act  for  regulating  the  sale  of 
Goods  to  be  sold  at  Public  Vendue,  Auction  or  Outcry  within  this  Colony]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  and 
County  of  New  York  to  raise  and  pay  into  the  Treasury  the  arrears  of  Taxes  due  from  the 
said  City  and  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intituled  [An  Act  to  amend  an  Act  intituled  An  Act  for  settling  a  Ministry  and 
and  Queens  County;  and  An  Act  intituled  An  Act  to  enable  the  Inhabitants  of  the  City  of  New 
raising  a  Maintenance  for  them  in  the  City  of  New  York,  County  of  Richmond,  West  Chester 
Yori  to  choose  annually  two  Vestrymen  for  each  respective  Ward  within  the  said  City  so  far 
as  the  same  relates  to  the  Election  of  the  Church  Wardens  and  Vestrymen  of  the  City  of  New 
York]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  eleven  of  the  Clock. 


Friday,  the  twenty  sixth  day  of  January,  1770. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  intituled  [An  Act  to  disable  Persons  holding  certain  offices  therein  named  from 
being  elected  or  serving  in  General  Assembly]  was  read  the  third  time  as  amended  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  as  amended  do  pass. 
DISSENTIENT. — M1'  Smith. 

Ordered,  that  Mr  White  do  carry  back  to  the  General  Assembly  the  said  Bill  together  with 
the  Amendments  made  thereto,  and  acquaint  them  that  this  House  have  passed  the  Bill  with  the 
said  Amendments  to  which  they  desire  their  Concurrence. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An  Act 
to  restrain  Hawkers  and  Pedlars  within  this  Colony  from  selling  without  Lycense]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair  and 


1770.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1745 

Mr  Reade  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  amend  an  Act  intituled  Act  for  regulating  the  sale  of  Goods  to  be  sold  at  public  Vendue, 
Auction  or  Outcry  within  this  Colony]  and  afier  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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 

Rcsolv<d,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  and  County  of  New  York,  to 
raise  and  pay  into  the  Treasury  the  Arrears  of  Taxes  due  from  the  said  City  and  County]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and  / 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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 

Resohcd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  amend  an  Act  intituled  An  Act  for  setling  a  Ministry  and  raising  a  Maintenance  for 
them  in  the  City  of  New  York,  County  of  Richmond,  Westchester  and  Queens  County:  and  An 
Act  intituled  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 ;  so  far  as  the  same  relates  to  the 
Election  of  the  Churchwardens  and  Vestrymen  of  the  City  of  New  York]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Comittee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  enable  all  Persons  who  are  his  Maj^stys  Liege  Subjects  either  by  Birth  or  Naturalization 
to  inherit  and  hold  Real  Estates  notwithstanding  any  Defect  of  Purchases  made  before 
Naturalization  within  this  Colony]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

219 


1746  Journal  of  the  Legislative  Council  of  New  York.  [3^  £?£"; 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Thomas  with  the  Bill  intituled 
[An  Act  to°appoint  Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork  in  the  several  Counties 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Jauncey  with  the  Bill  intituled 
[An  Act  to  prevent  Frauds  in  Bar  Iron  exposed  to  Sale  in  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Van  Cortlandt  with  the  Bill 
intituled  [An  Act  for  Naturalizing  Frederick  Koose,  John  Stone,  Godfrid  Shoe,  John  Karne, 
Hannis  Albrant,  Hannis  Alt,  Han  Ury  Creitz,  Jacob  Seber,  Augustus  Eikler,  Conrad  Smith, 
John  Everhart  Coghnot,  George  Ecker,  Hannis  Hartel,  John  Brader,  Philip  Pilet,  George 
Rupert,  George  Sharpe,  Hendrick  Hann,  John  Seabalt,  Nicholas  Bradhour,  George  Bronce, 
George  Skink,  Jacob  Becker,  John  Farlinger,  George  Binder.  Frederick  Waggoner,  Mathias 
Kough,  Adam  Garlogh,  Peter  Young,  Peter  Gronce,  Peter  Forster,  George  Fluncan,  Simon 
Shreider,  John  Frederick  Tolle,  John  Marchel,  Konrat  Louwer,  William  Petrie,  James  Colon, 
George  Colon,  Jonas  Colon,  Elizabeth  Allen,  Samuel  Isaacs,  and  Peter  Surget]  desiring  the 
Concurrence  of  (he  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Colonel  Schuyler  and  Captain  De  Lancey  with  the 
Bill  intituled  [An  Act  appointing  Commissioners  to  meet  with  Commissioners  who  are  or  may 
be  appointed  by  the  Neighbouring  Colonies  to  fix  on  a  General  Plan  for  the  regulation  of  the 
Indian  Trade]  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. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Colonel  Woodhull  with  the 
Bill  entituled  [An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this  Colony  and 
other  purposes  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,  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Mr  Van  Cortlandt  with  the 
Bill  entituled  [An  Act  to  revive  An  Act  entituled  An  Act  for  the  better  clearing  regulating  and 
further  laying  out  Public  Highways  in  the  County  of  Wcstchester  with  some  alterations] 
desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordd  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Ten  Broeck  with  the  Bill  entituled 
[An  Act  to  Exempt  the  Inhabitants  of  the  Counties  of  Westchester,  New  York  and  Queens 
and  Richmond  from  any  Taxations  for  the  support  of  the  Ministers  of  Churches  to  which  they 
do  not  belong]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  sd  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Kissam  with  the  Bill 
intitled  [An  Act  to  lay  a  Tax  on  Coaches  and  other  certain  Carriages  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,  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Walton  with  the  Bill 
intituled  [An  Act  to  amend  An  Act  intituled  An  Act  authorizing  certain  Persons  therein  named 
to  settle  the  Line  of  Division  between  the  Counties  of  Kings  and  Queens  County  as  far  as  the 
Townships  of  Bushwick  and  Newtown  extend]  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. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Colonel  Philipse  with  the  Bill 
intituled  [An  Act  for  the  Relief  of  James  be  Peyster  of  the  City  of  New  York  Merchant  an 
Insolvent  Debtor  and  others  therein  named]  desiring  the  Concurrence  of  the  Council  thereto. 


1770.]  Cadwallader  Colden,  Esq:  Lieut.  Governor.  1747 

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  five  of  the  Clock  in  the  afternoon. 


Friday,  the  twenty  sixth  day  of  January,  1770.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  appoint  Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork 
in  the  several  Counties  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  prevent  Frauds  in  Bar  Iron  exposed  to  sale  in  this  Colony] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  naturalizing  Frederick  Koose,  John  Stone,  Godfrid  Shoe,  John 
Rarne,  Hannis  Albrant,  Hannis  Alt,  Han  Ury  Creitz,  Jacob  Seber,  Augustus  Eikler,  Conradt 
Smith,  John  EverhartCoghnot,  George  Ecker,  Hannis  Hartel,  John  Brader,  Philip  Pilet,  George 
Rupert,  George  Sharpe,  Hendrick  Hann,  John  Seabalt,  Nicholas  Bradhour,  George  Bronce, 
George  Skink,  Jacob  Becekr,  John  Farlinger,  George  Bender,  Frederick  Waggoner,  Mathias 
Rough,  Adam  Garlough,  Peter  Young,  Peter  Gronce,  Peter  Forster,  George  Flu n can,  Simon 
Shreider,  John  Frederick  Tolle,  John  Marchel,  Konrat  Louvver,  William  Petrie,  James  Colon, 
George  Colon,  Jonas  Colon,  Elizabeth  Allen,  Samuel  Isaacs,  and  Peter  Surget]  was  read  the 
second  time,  and 

Ordered  to  be  commiited. 

The  Bill  entituled  [An  Act  appointing  Commissioners  to  meet  with  Commissioners  who  are 
or  may  be  appointed  by  the  neighbouring  Colonies  to  fix  on  a  general  plan  for  the  regulation  of 
the  Indian  Trade]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this 
Colony  and  other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  revive  an  Act  entituled  An  Act  for  the  better  clearing 
regulating  and  further  laying  out  Public  Highways  in  the  County  of  West  Chester  with  some 
alterations]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intituled  [An  Act  to  amend  An  Act  intituled  An  Act  authorizing  certain  Persons 
therein  named  to  settle  the  Line  of  Division  between  the  Counties  of  Kings  and  Queens  County 
as  far  as  the  Townships  of  Bushwick  and  Newtown  extend]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  Relief  of  James  Do  Peyster  of  the  City  of  New  York 
Merchant  an  Insolvent  Debtor  and  others  therein  named]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  tomorrow  Morning  Ten  of  the  Clock. 


1748  Journal  of  the  Legislative  Council  of  Neio  York.  [3i?  s  "8T: 

Saturday,  the  twenty  seventh   day  of  January,  1770. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  Frauds  in  Bar  Iron  exposed  to  sale  in  this  Colony]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  naturalizing  Frederick  Koose,  John  Stone,  Godfrid  Shoe,  John  Karne,  Hannis  Albrant, 
Hannis  Alt,  Han  Ury  Creitz,  Jacob  Seber,  Augustus  Eikler.  Conrad t  Smith,  John  Everhart 
Coughnot,  George  Ecker,  Hannis  Hartel,  John  Brader,  Philip  Pilet,  George  Rupert,  George 
Sharpe,  Hendrick  Hann,  John  Seabalt,  Nicholas  Bradhour  George  Bronce,  George  Skink,  Jacob 
Becker,  John  Farlinger,  George  Bender,  Frederick  Waggoner,  Mathias  Rough,  Adam  Garlough, 
Peter  Young,  Peter  Gronce,  Peter  Forster,  George  Fluncan,  Simon  Shreider,  John  Frederick 
Tolle,  John  Marchel,  Konrat  Louwer,  William  Petrie,  James  Colon,  George  Colon,  Jonas  Colon, 
Elizabeth  Allen,  Samuel  Isaacs,  and  Peter  Surget]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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  s-iid  Bill  do  pass. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  appointing  Commissioners  to  meet  with  Commissioners  who  are  or  may  be  appointed  by 
the  Neighbouring  Colonies  to  fix  on  a  General  Plan  for  the  regulation  of  the  Indian  Trade]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this  Colony  and  other  purposes 
therein  mentioned]  and  after  some  time  spent  therein 


1770.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1749 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
hail  gone  through  the  said  Bill  and  had  directed  him  to  report  (he  same  without  any  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  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  lo  revive  An  Act  entituled  An  Act  for  the  better;  clearing  regulating  and  further  laying  out 
public  Highways  in  the  County  of  Westchester  with  some  alterations]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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 

Rcsolwd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

Tiie  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  An  Act  entituled  An  Act  authorizing  certain  persons  therein  named  to  settle  the 
Line  of  Division  between  the  Counties  of  Kings  and  Queens  County  as  far  as  the  Townships  of 
Bushwick  and  Newtown  extend]  and  after  some  time  spent  therein 

The  Speaker  left  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House,  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. 

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 

Unsolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  Relief  of  James  De  Peyster  of  the  City  of  New  York  Merchant  an  Insolvent  Debtor 
and  others  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  prevent  the  evil  Practice  of  Sheriffs  taking  the  effects  of  any  person  or  persons  by  a  new 
suggestion  alledged  in  a  Writ  of  Replevin  against  a  Plea  of  Title  set  up  by  any  such  person  or 
persons]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the 
Committee  had  gone  through  the  said  Bill,  and  made  an  amendment  by  altering  the  title  which  he 
read  in  his  place  and  then  delivered  the  Bill  with  the  Amendment  in  at  the  Table,  where  the 
same  was  again  read,  and  being  agreed  to,  the  amendment  was 

Ordered  to  be  engrossed 

And  being  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 


1750  Journal  of  the  Legislative  Council  of  New  York.  [3M 


M 


Resolved,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Apthorpe  do  carry  the  said  Bill  to  the  General  Assembly  with  the  Amendment 
made  thereto  by  this  House  and  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  Bill  with  tlie  said  Amendment  to  which  they  desire  the  Concurrence  of  that  House. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  De  Noyelles  with  the  last 
mentioned  Bill  acquainting  this  House  that  the  General  Assembly  have  agreed  to  the  Amendment 
made  thereto  by  this  House  and  desire  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  striking  out  the  whole  Title  of  the  said  Bill 
and  instead  thereof  inserting  the  following  Title. 

An  Act  to  prevent  the  Abuse  of  Writs  and  Plaints  in  Replevin. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Thomas  desiring  to  know  what 
progress  this  House  hath  made  in  the  Bill  intituled  An  Act  to  appoint  Inspectors  of  Flour  and 
Repackers  of  Beef  and  Pork  in  the  several  Counties  therein  mentioned  ] 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  said  Bill  hath  had  two 
Readings  and  now  stands  Committed. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Colonel  Schuyler  desiring  to 
know  what  progress  this  House  hath  made  in  the  Bill  intituled  [An  Act  to  exempt  the  Inhabitants 
of  the  Counties  of  Westchester  Kings,  New  York,  Queens,  and  Richmond  from  paying  any 
Taxes  for  the  support  of  Ministers  of  Churches  to  which  they  do  not  belong.] 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  said  Bill  hath  been  Read 
the  first  time  and  is 

Ordered  a  second  Reading. 

The  Honourable  Cadwallader  Golden  Esquire  his  Majesty's  Lieutenant  Governor  and 
Commander  in  chief  of  this  Province,  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  Deputy  Secretary  requiring  the  immediate  attendance  of  the  General  Assembly  in  the 
Council  Chamber. 

The  General  Assembly  attending  accordingly 

His  Honour  the  Lieutenant  Governor  in  the  presence  of  both  Houses  was  pleased  to  give 
his  Assent  to  thirty  eight  Bills  the  Titles  whereof  are  as  follows 

An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this  Colony  and  other 
purposes  therein  mentioned. 

An  Act  more  effectually  to  enable  Persons  to  recover  Debts  in  this  Colony  on  Promissory 
Notes. 

An  Act  to  revive  and  continue  an  Act  entituled  An  Act  to  prevent  Frauds  by  the  Adulteration 
of  Pot  Ash,  and  Pearl  Ash. 

An  Act  to  prevent  Frauds  in  Bar  Iron  exposed  to  Sale  in  this  Colony. 

An  Act  appointing  Commissioners  to  meet  with  Commissioners  who  are  or  may  be  appointed 
by  the  Neighbouring  Colonies  to  fix  on  a  general  Plan  for  the  regulation  of  the  Indian  Trade. 

An  Act  to  revive  an  Act  intituled  An  Act  to  prevent  the  Defaults  of  Grand  and  Petit  Jurors, 
Constables,  and  other  Persons  ;  with  an  Addition  thereto. 

An  Act  to  restrain  Hawkers  and  Pedlars  within  this  Colony  from  selling  without  Licence. 

An  Act  for  the  Inspection  of  Sole  Leather  in  the  City  of  New  York. 

An  Act  declaring  certain  Persons  therein  mentioned,  incapable  of  being  Members  of  the 
General  Assembly  of  this  Colony. 

An  Act  to  amend  an  Act  entituled  [An  Act]  for  regulating  the  Sale  of  Goods  to  be  sold  at 
Publick  Vendue  Auction  or  Outcry  within  this  Colony. 

An  Act  impowering  and  directing  the  Treasurer  of  this  Colony  to  sue  for  Duties  still  due  to 
the  late  Treasurer  of  this  Colony,  and  other  purposes  therein  mentioned. 

An  Act  to  prevent  the  Abuse  of  Writs  and  Plaints  in  Replevin. 

An  Act  to  enable  all  persons  who  are  his  Majesty's  Liege  Subjects,  either  by  Birth  or 
Naturalization,  to  inherit  and  hold  Real  Estates,  notwithstanding  any  defect  of  Purchases  made 
before  Naturalization  within  this  Colony. 

An  Act  to  amend  an  Act  intituled  An  Act  more  effectually  to  prevent  the  killing  of  Deer 
and  firing  the  Woods  within  this  Colony,  so  far  as  the  same  relates  to  the  Counties  of  Suffolk 
and  Queens. 

An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage  of  Ships  and  other  Vessels,  and  the 
Rates  to  be  taken  for  Cranage  within  the  City  of  New  York. 

An  Act  to  enable  the  Mayor  Recorder  and  Aldermen  of  the  City  and  County  of  New  York, 
to  raise  and  pay  into  the  Treasury,  the  Arrears  of  Taxes  due  from  the  said  City  and  County. 

An  Act  to  amend  An  Act  entituled  An  Act  for  settling  a  Ministry  and  raising  a  Maintenance 
for  them  in  the  City  of  New  York,  County  of  Richmond,  Westchester  and  Queens  County;  and 
an  Act  intituled  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  ;  so  far  as  the  same  relates  to 
the  Election  of  the  Church  Wardens  and  Vestrymen  of  the  City  of  New  York. 


1770.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1751 

An  Act  to  revive  and  continue  an  Act  entituled  An  Act  to  ascertain  the  size  of  Casks  in 
•which  White  Bread  shall  be  packed  within  the  City  of  New  York,  and  to  regulate  the  Manner 
in  which  the  same  shall  be  sold. 

An  Act  to  revive  an  Act  entituled,  An  Act  to  enable  the  Mayor  Deputy  Mayor  Recorder 
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  Public  Wells  and  pumps  in  the  said  City  to  the 
south  of  Fresh  Water,  and  other  purposes  therein  mentioned;  with  an  Addition  thereto. 

An  Act  to  enable  the  Supervisors  of  the  several  Counties  of  this  Colony  therein  mentioned, 
to  take  security  of  their  respective  County  Treasurer  before  he  enters  upon  the  Execution  of 
his  Office. 

An  Act  to  revive  the  several  Acts  therein  mentioned  ralative  to  Public  Highways  in  the 
County  of  Albany. 

An  Act  to  amend  an  Act  entituled  An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the 
Manor  of  Renselaerwyck,  to  elect  six  Assessors,  three  Collectors,  eight  Constables,  two  Clerks, 
Pound  Masters,  Fence  Viewers,  and  Surveyors  of  the  Highways. 

An  Act  to  prevent  Accidents  by  Fire  in  that  part  of  the  Manor  of  Renselaerwyck  therein 
mentioned. 

An  Act  to  raise  within  the  Township  of  Schenectady,  the  sum  of  two  hundred  and  fifty 
pounds  to  purchase  a  Fire  Engine,  Leather  Buckets  and  for  other  purposes  therein  mentioned. 

An  Act  for  the  better  laying  out,  regulating  and  keeping  in  Repair,  the  Common  and  Public 
Highways,  in  such  Precincts  in  the  County  of  Ulster  as  are  therein  mentioned. 

An  Act  for  charging  the  Care  of  providing  for  the  Relief  of  the  Poor  in  the  Town  of  Kingston 
in  Ulster  County,  upon  the  Trustees  of  the  Freeholders  and  Commonalty  of  the  said  Town  ;  and 
for  compelling  Constables  to  execute  their  Offices. 

An  Act  for  the  better  Regulating  of  the  Public  Inns  and  Taverns  in  the  Counties  of  Ulster 
and  Orange. 

An  Act  to  amend  an  Act  entituled  An  Act  for  the  relief  of  the  Poor  in  the  Counties  of  Ulster 
and  Orange,  and  to  enable  the  Freeholders  and  Inhabitants  of  the  several  Towns  and  Precincts 
thereof  to  elect  Overseers  of  the  Poor  at  their  annual  Meetings;  so  far  as  the  same  relates  to  the 
County  of  Ulster. 

An  Act  to  amend  an  Act  entituled  An  Act  for  the  better  laying  out  regulating  and  keeping  in 
repair  Common  Public  and  Private  Highways  on  the  North  side  of  the  Highlands  in  the  County 
of  Orange. 

An  Act  more  effectually  to  prevent  Damages  by  Swine  in  the  County  of  Orange. 

An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange  County. 

An  Act  to  revive  an  Act  entituled  An  Act  for  the  better  clearing  regulating  and  further 
laying  out  public  Highways  in  the  County  of  West  Chester  with  some  alterations. 

An  Act  to  im power  the  Freeholders  and  Inhabitants  of  Rykes  Patent  in  the  Manor  of 
Cortlandt  in  West  Chester  County,  to  elect  Annually  one  Supervisor  and  such  other  Officers  as 
are  therein  mentioned. 

An  Act  to  impower  the  Freeholders  of  the  town  of  Huntington  in  the  County  of  Suffolk,  to 
make  prudential  Orders  for  the  better  regulating,  collecting,  and  parting  their  sheep  feeding  on 
the  Plains  and  other  common  Lands  in  the  said  Town :  and  to  sell  such  stray  sheep  as  shall  be 
left  at  the  time  of  parting. 

An  Act  to  amend  An  Act  Entituled  An  Act  Authorizing  certain  persons  therein  named  to 
settle  the  Line  of  Division  between  the  Counties  of  Kings  and  Queens  County,  as  far  as  the 
Township  of  Bushwick  and  Newtown  extend. 

An  Act  for  Naturalizing  Frederick  Koose,  John  Stone,  Godfrid  Shoe,  John  Karne,  Hannis 
Albrant,  Hannis  Alt,  Han  Ury  Creitz,  Jacob  Seber,  Augustus  Eikler,  Conradt  Smith,  John 
Everhart  Coghnot,  George  Ecker,  Hannis  Hartel,  John  Brader,  Philip  Pilet,  George  Rupert, 
George  Sharpe,  Hendrick  Hann,  John  Seabalt,  Nicholas  Bradhour,  George  Bronce,  George 
Skink,  Jacob  Becker,  John  Farlinger,  George  Binder,  Frederick  Waggoner,  Mathias  Kough, 
Adam  Garlough,  Peter  Young,  Peter  Gronce,  Peter  Forster,  George  Fluncan,  Simon  Shreider 
John  Frederick  Tolle,  John  Marchel,  Konrat  Louwer,  William  Petrie,  James  Colon,  George 
Colon,  Jonas  Colon,  Elizabeth  Allen,  Samuel  Isaacs,  and  Peter  Surget. 

An  Act  for  the  relief  of  Insolvent  Debtors  within  the  Colony  of  New  York,  with  respect  to 
the  Imprisonment  of  their  persons. 

An  Act  for  the  relief  of  James  De  Peyster  of  the  City  of  New  York  Merchant  an  Insolvent 
Debtor  and  others  therein  named. 

After  which  the  said  Acts  were  published  in  the  usual  manner,  and  his  Honour  the  Lieutenant 
Governor  the  Council  and  the  General  Assembly  being  returned  to  the  Council  Chamber,  the 
Lieutenant  Governor  was  pleased  to  prorogue  the  General  Assembly  to  the  Second  Tuesday  in 
March  next. 


1752  Journal  of  the  Legislative  Council  of  New  York. 


[N.  Y.  Col.  MSB.,  XCVI.,  57.] 

BY  THE  HONORABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  Am.erica 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  thirteenth  day  of 
March  Instant  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  further  Prorogue  the  said  General  Assembly  to  the  first  day 
of  May  now  next  ensuing  of  which  all  his  Majesty's  subjects  concerned  therein  are  required 
to  take  notice,  and  to  govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  iu  the  City  of  New  York 
the  seventh  day  of  March  one  thousand  seven  hundred  and  seventy,  in  the 
tenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the  Grace 
of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the  Faith  and 
so  forth. 

CADWALLADER  COLDEN. 
Bij  his  Honor's  Command 

Gw  BANYAR  D  Sury. 

God  save  the  KING. 


I  N.  Y.  Col.  MS3.,  XCVI.,  76.  ] 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esquir*    his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s. )    Chief  of  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  first,  day  of 
May  next  ensuing  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and 
with  the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the 
twelfth  day  of  June  now  next  ensuing.  Of  which  all  his  Majesty's  Subjects  concerned  therein 
are  required  to  take  Noiice,  and  to  Govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  sat  Fort  George  in  the  City  of  New  York, 
the  twenty  eighth  day  of  April  one  thousand  seven  hundred  and  seventy,  in  the 
tenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 
Grace  of  God  of  Great  Britain,  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

CADWALLADER   COLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D.  SCcnj. 

God  save  the  KING. 


1770]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1753 

[X.  T.  Col.  HS3.,  XCVI.,  93.) 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)     Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  twelfth  day  of 
June  Instant  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  seventh  day 
of  August  next  ensuing,  of  which  all  his  Majesty's  Subjects  concerned  therein  are  required  to 
take  Notice  and  to  Govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort.  George  in  the  City  of  New  York 
the  sixth  day  of  Jane  one  thousand  seven  hundred  and  seventy,  in  the  tenth 
year  of  the  Reign  of  our  Sovereign  Lord  George  tha  third  by  the  Grace  of 
God  of  Great  Biitain  France  and  Ireland  King  Defender  of  the  Faith  and  so 
forth. 

B'j  his  Honour's  Command  CADWALLADER  COLDEN. 

Gw  BANYAU  D  Sccry. 

God  save  the  KING. 


[N.  Y.  Col.  M3S.,  XCVI.,  106.) 

BY  THE  HONOURABLE 

CADWALLADER  COLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  seventh  day  of 
August  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue  And  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  farther  prorogue  the  said  General  Assembly  to  the  Jour/ h  day 
of  September  now  next  ensuing  of  which  all  his  Majesty's  subjects  concerned  therein  are  required 
to  take  notice  and  to  Govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Broolcland  Ferry  in  Kings  County  on 
Nassau  Island,  the  twenty  fifth  day  of  July  one  thousand  seven  hundred  and 
seventy  in  the  tenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third 
by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
BIJ  his  Honour's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


220 


1754  Journal  of  the  Legislative  Council  of  New  York.  [3$  &l^: 

[N.  Y.  Col.  MSS.,  XCVI.,  119.] 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esquire  His  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  the  fourth  day  of 
September  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I  do  by  and  with 
the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  second 
day  of  October  now  next  ensuing,  of  which  all  his  Majesty's  Subject  concerned  therein  are 
required  to  take  Notice  and  to  Govern  themselves  accordingly. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York, 
the  third  day  of  September  one  thousand  seven  hundred  and  seventy  in  the 
tenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 
Grace  of  God  of  Great  Britain,  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

CADWALLADER  GOLDEN. 
By  His  Honour's  Command 

Gw  BANTAR  D  SScnj 

God  save  the  KING. 


[N.  T.  Col.  MSB.,  XCVI.,  122.] 

BY  THE  HONOURABLE 

CADWALLADER  GOLDEN  Esqr  His  Majesty's  Lieutenant  Governor  and  Commander  in 
^(L.  s.)    Chief  of  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  second  day  of 
October  next  ensuing  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and 
with  the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the 
sixth  day  of  November  next  ensuing  Of  which  all  his  Majesty's  Subjects  concerned  therein  are 
required  to  take  Notice,  and  to  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  one  thousand  seven  hundred  and  seventy, 
in  the  tenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of 
the  Faith  and  so  forth. 

CADWALLADER  GOLDEN. 
By  His  Honour's  Command 

Gw  BANYAR  D  Secry 

God  save  the  KING. 


1770.]  John  Earl  of  Dunmore,  Governor.  1755 


[N\  T.  Col.  MSS.,  XCVI.,  129.] 

BY  HIS  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DUNMORE   Captain  General  and  Governor  in   Chief 
(L.  s.)    in  and  over  the  Province   of  New   York  and  the  Territories  depending  thereon  in 
America,  Chancellor  and  Vice  Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  sixth  day  of 
November  next  ensuing  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  And  I  do  by  and 
with  the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the 
eleventh  day  of  December  next  then  to  meet  to  proceed  upon  Business  Of  which  all  his  Majesty's 
Subjects  concerned  therein  are  required  to  take  Notice  and  to  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  October  in  the  eleventh  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain 
France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

DUNMORE. 
By  his  Excellences  Command 

Gw  BANYAR,  D  Secry. 

God  save  the  KING. 


THIRTY-FIRST  ASSEMBLY    THIRD  SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York, 
begun  and  holden  at  the  City  Hall  in  the  City  of  New  York  on  Tuesday  the  eleventh 
day  of  December,  in  the  Eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George 
the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth,  and  in  the  year  of  our  Lord  One  thousand  seven  hundred 
and  seventy. 

The  General  Assembly  having  on  the  twenty  seventh  Day  of  January  last  been  prorogued 
to  the  second  Tuesday  in  March  following  were  from  the  last  mentioned  Day  prorogued  by  his 
Honour  the  Lieutenant  Governor  by  proclamations  under  the  Seal  at  Arms,  as  follows  On  the 
seventh  Day  of  the  said  Month  of  March  to  the  first  Day  of  May.  On  the  twenty  eighth  Day 
of  April  to  the  twelfth  Day  of  June.  On  the  sixth  Day  of  June  to  the  seventh  Day  of  August. 
On  the  twenty  fifth  Day  of  July  to  the  fourth  Day  of  September.  On  the  third  Day  of  September 
to  the  second  Day  of  October  and  on  the  twenty  ninth  Day  of  September  until  the  sixth  Day 
of  November.  And  on  the  eighteenth  Day  of  October  His  Excellency  the  Right  Honorable 
John  Earl  of  Dunmore  arriving  in  this  province  and  the  next  Day  the  Nineteenth  Day  of 
October  his  Majesty's  Letters  Patent  constituting  and  appointing  him  Captain  General  and 
Governor  in  Chief  in  and  over  the  Province  of  New  York  and  the  Territories  depending  thereon 
being  published,  his  Excellency  was  pleased  on  the  thirty  first  Day  of  October  by  Proclamation 


1756  Journal  of  the  Legislative  Council  of  New  York.  ["d'sl"*™' 

under  his  Seal  at  Arms  to  prorogue  the  General  Assembly  to  this  Day,  then  to  meet  to  proceed 
upon  Business. 

The  Council  therefore  met  accordingly. 

PRESENT — The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  L\IORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esquires. 

The  Speaker  assumed  the  Chair. 

His  P]xcellency  the  Right  Honorable  John  Earl  of  Dunmore  Captain  General  and  Governor 
in  Chief  in  and  over  the  province  of  New  York  and  the  Territories  depending  thereon  in  America 
Chancellor  and  Vice  Admiral  of  the  same,  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 
the  immediate  Attendance  of  that  House  in  the  Council  Chamber;  and 

The  General  Assembly  attending  accordingly 

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

His  Excellency  the  Governor,  as  also  the  General  Assembly,  having  left  the  Council 
Chamber 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Excellencys  Speech  be  read. 

Then  the  Speech  was  read  and 

Ordered  to  be  entered  in  the  Journals  of  this  House,  and  the  same  is  as  follows 

Gentlemen  of  the  Council  and  General  Assembly, 

When  his  Majesty  was  pleased  to  confer  on  me  a  Government  in  this  Country,  it  fill'd  me 
with  the  highest  satisfaction,  and  I  esteem  myself  peculiarly  fortunate  in  having  been  appointed 
to  the  Command  of  this  Province,  whose  Example  has  been  the  happy  Means  of  renewing 
that  mutual  Intercourse  between  the  Mother  Country  and  her  Colonies,  which  is  so  much  the 
Interest  of  both  to  preserve  uninterrupted.  This  salutary  Reconciliation  effected  by  the  People 
of  this  Province,  cannot  fail  of  endearing  them  in  a  particular  Manner,  to  our  most  gracious 
Sovereign. 

The  violent  proceedings  of  the  Spaniards  in  dispossessing  (in  the  Time  of  profound  Peace)  his 
Majestys  Subjects  of  their  Settlement  at  Fort  Egmont  in  Falkland's  Island,  and  the  considerable 
naval  Armaments  which  we  hear  are  prepared  in  Consequence  by  his  Majesty's  Orders,  give  us 
sufficient  Reason  to  apprehend  that  War  may  be  the  Result:  If  this  should  happen,  I  have  the 
strongest  Assurances  that  the  security  of  this  Part  of  his  Majesty's  Dominions  will  be  a  principal 
object  of  his  Care  and  Attention.  Yet  it  is  Incumbent  on  us  to  consider  what  may  be  necessary 
for  its  Protection  against  the  sudden  Attempts  of  an  Enemy. 

Gentlemen  of  the  General  Assembly, 

You  cannot  be  too  early  in  your  Deliberations  upon  making  Provision  for  those  Exigencies 
in  Case  our  Apprehensions  should  be  verified. 

I  have  nothing  more  at  this  Time  to  recommend  to  you  but  the  Supplies  for  his  Majestys 
Troops  and  the  necessary  Support  of  Government. 

Gentlemen  of  the  Council  and  General  Assembly, 

The  favourable  Opinion  I  have  conceived  of  this  Colony  as  well  as  my  Duty  to  his  Majesty 
will  make  me  always  solicitous  to  contribute  whatever  my  Authority,  my  Credit  or  my 
Abilities  can  furnish  to  promote  the  Welfare  thereof;  the  highest  pleasure  I  can  enjoy  will  be 
faithfully  to  represent  to  his  Majesty  the  Zeal  and  Unanimity  of  his  Subjects  in  it;  and  my 
greatest  Ambition  to  possess  the  Esteem  and  Affection  of  the  People  of  this  Province. 

DUNMORE. 

Ordered,  that  his  Excellency's  Speech  be  forthwith  printed. 

Mr  Apthorpe  then  moved  that  an  humble  Address  might  be  presented  to  his  Excellency  the 
Governor  in  Answer  to  his  Speech, 

Which  Motion  being  seconded  and  agreed  U 


1770.]  John  Earl  of  Dunmore,  Governor.  1757 

Resolved,  that  an  humble  Address  be  presented  to  his  Excellency  accordingly. 

Ordered,  that  Mr  Apthorpe,  Mr  Wallace  and  Mr  White  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address;  and  that  they  prepare  and  bring  in  the 
same  by  Thursday  next. 

The  Council  adjourned  till  Thursday  Morning  11  o  Clock. 


Thursday,  the  thirteenth  day  of  December,  1770. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHOEPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Apthorpe  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to 
his  Excellency  the  Governor  in  Answer  to  his  Speech,  reported  that  the  Committee  had 
prepared  the  same,  which  he  read  in  his  Place,  and  then  delivered  the  said  Draft  in  at  the 
Table  where  the  same  was  again  read,  and  being  amended  was  agreed  to  and 

Ordered  to  be  engrossed. 

The  engrossed  Address  to  his  Excellency  the  Governor  was  read. 

Ordered,  that  the  Speaker  sign  the  said  Address  and 

The  Speaker  having  signed  the  same  accordingly 

Ordered,  that  Mr  Watts  and  Mr  Morris  do  wait  on  his  Excellency  the  Governor  and  desire  to 
know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  humble  Address. 

The  said  Gentlemen  being  returned,  reported  that  they  had  waited  on  his  Excellency  the 
Governor,  and  that  his  Excellency  had  been  pleased  to  say  he  would  receive  the  Address  of  this 
House  to  Morrow  at  12  o  Clock  in  the  Council  Chamber  at  Fort  George. 

The  Council  adjourned  till  to  Morrow  Morning  12  o  Clock. 


Friday,  the  fourteenth  day  of  December,  1770. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The.  Honolle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRCGER, 
HUGH  WALLACE, 
HENRT  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

With  the  House  proceeded  to  the  Council  Chamber  in  Fort  George,  to  present  the  humble 
Address  of  this  House  to  his  Excellency  the  Governor,  and  being  returned, 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  House  attended  his  Excellency  the  Governor  and  presented  to 
him  the  humble  Address  of  this  House,  his  Excellency  had  bee'n  pleased  to  return  a  favourable 
Answer  thereto,  which  being  read 

Ordered,  that  the  said  Address  and  Answer  be  entered  in  the  Journal  of  this  House,  which  are 
as  follow. 


1758  Journal  of  the  Legislative  Council  of  New  York.  Ps?  so«ra' 

To  his  Excellency  the  Right  Honorable  JOHN  Earl  of  DUNMORE  Captain  General  and  Governor 
in  Chief  in  and  over  the  Province  of  New  York  and  the  Territories  depending  thereon 
in  America  Chancellor  and  Vice  Admiral  of  the  same. 

The  humble  ADDRESS  of  the  Council  for  the  Province  of  New  York. 

May  it  Please  your  Excellency 

We  his  Majesty's  most  dutiful  and  loyal  subjects  the  Council  for  the  Province  of  New  York, 
return  your  Lordship  our  hearty  thanks  for  your  Speech;  and  with  the  greatest  sincerity  and 
Respect  congratulate  you  on  your  safe  Arrival. 

Zealously  attach'd  to  our  august  Sovereign  by  the  firmest  Ties  of  Duty  and  Affection,  We 
acknowledge  the  continuance  of  his  paternal  Regard,  in  the  gracious  Appointment  of  a 
Nobleman  of  your  Lordships  eminent  Rank  and  Merit,  to  preside  over  this  his  faithful  Colony. 

The  favourable  opinion  your  Lordship  has  conceived  of  the  People  committed  to  your  care, 
is  a  happy  Presage  of  that  Harmony  and  Tranquility  which  We  are  confident  will  distinguish 
your  Administration,  and  render  it  easy  and  agreable  to  yourself,  and  extensively  Beneficial  to 
the  Publick.  And  your  Lordships  just  Applause  of  the  conciliating  Temper  they  have  so  lately 
manifested  in  renewing  that  mutual  Intercourse  between  Great  Britain  and  her  Colonies,  so 
essential  to  the  interest  of  both,  demands  our  warmest  Gratitude. 

The  violent  Conduct  of  the  Spaniards  in  seizing  Fort  Egmont  in  Time  of  profound  Peace,  is 
an  Event  which  may  be  productive  of  the  most  important  Consequences. 

We  ardently  wish  the  Calamaties  of  War  may  be  avoided,  but  since  his  Majesty,  in 
Vindication  of  the  Honour  of  his  Crown  may  be  drawn  into  Hostilities,  it  is  with  the  highest 
satisfaction  we  receive  your  Lordship's  Assurance  that  the  security  of  this  part  of  his  Dominions 
will  be  a  principal  Object  of  his  Royal  care  and  Attention.  Yet  as  it  is  our  Duty,  We  shall 
chearfully  co-operate  in  whatever  may  be  necessary  to  guard  against  the  sudden  Attempts  of 
an  Enemy. 

We  have  reason  to  expect  singular  advantages  from  your  Lordships  Influence  and  Abilities, 
and  your  Solicitude  for  the  welfare  and  Prosperity  of  this  Colony,  cannot  fail  of  securing  to 
your  Lordship  the  Esteem  and  Affection  of  a  grateful  People. 

By  Order  of  the  Council 

City  of  New  York,  DAN  HORSMANDEN,  Speaker. 

13th  December,  1770. 

His  EXCELLENCY'S  Answer. 

Gentlemen, 

Your  obliging  Address  is  in  the  highest  Manner  pleasing  to  me  :  You  may  be  assured  of  my 
being  ever  most  watchful  on  my  part  for  the  preservation  of  that  Harmony  and  Tranquility, 
which  I  am  so  happy  to  find  subsisting  in  the  Province. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Tuesday  next  at  11  o  Clock  in  the  Morning. 


Tuesday,  the  eighteenth  day  of  December,  1770. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRDGER, 
HCGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


1770.]  John  Earl  of  Dunmore,  Governor.  1759 

Wednesday  the  nineteenth  day  of  December,  1770. 

The  Council  met  according  to  Adjournment. 

PRESENT — The  Honobl6  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  EEADE, 
ROGER  MORRIS, 
HENRY  CRDGER, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Brinckerhoff  with  the  Bill 
Entituled  [An  Act  further  to  continue  An  Act  Entituled  "An  Act  for  granting  to  his  Majesty  the 
several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Boerum  with  the  Bill  entituled 
[An  Act  to  continue  An  Act  entituled  An  Act  to  restrain  Hawkers  and  Pedlars  within  this 
Colony  from  selling  without  Lycence]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  ffirst  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Colonel  Woodhull  with  the  Bill 
entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  strong  Liquors  retailed  in  this  Colony 
from  the  first  Day  of  January  in  the  year  of  our  Lord  One  Thousand  seven  hundred  and  seventy 
one  to  the  first  Day  of  February  One  thousand  seven  hundred  and  seventy  two]  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  till  3  o  clock  in  the  Afternoon. 


Wednesday,  the  nineteenth   day  of  December,  1770.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoWe  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  further  to  continue  an  Act  entituled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  continue  an  Act  entituled  An  Act  to  restrain  Hawkers  and 
Pedlars  within  this  Colony  from  selling  without  License]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  day  of  January  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  seventy  one  to  the  first  day  of  February  one  thousand  seven  hundred  and  seventy  two 
inclusive,]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1760  Journal  of  the  Legislative  Council  of  New  York.  [3JJ  £",££• 

Thursday,  the  Twentieth  day  of  December,  1770. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honolle  DANIEL  HORSMANDEN,  Esqr,  Speaker. 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  further  to  continue  an  Act  entitu'ed  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  continue  an  Act  intituled  An  Act  to  restrain  Hawkers  and  Pedlars  within  this  Colony 
from  selling  without  Lycence]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Ileade  from  the  Committee  of  the  whole  House  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. 

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 

Risohcd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony,  from  the  first 
day  of  January  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  seventy  one,  to  the 
first  Day  of  February  one  thousand  seven  hundred  and  seventy  two  inclusive]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1770.]  John  Earl  of  Dunmore,  Governor.  1761 

Friday,  the  twenty  first  day  of  December,  1770. 

The  Council  met  according  to  adjournment. 
PRESENT  —  Tke  HonoWe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Captain  Seaman  with  the  Bill 
Entitled  [An  Act  to  continue  an  Act  Entitled  An  Act  to  prevent  Frauds  by  Bills  of  Sale 
which  shall  be  made  and  executed  after  the  first  Day  of  March  in  the  Year  of  our  Lord  one 
thousand  seven  hundred  and  sixty  nine  in  the  Counties  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Kissam  with  the  Bill  Entitled 
[An  Act  to  amend  an  Act  entitled  An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the 
Townships  of  Rochester  and  Marble  Town  to  choose  and  elect  at  their  annual  Meetings  two 
Constables  for  each  Town]  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  till  4  o  clock  in  the  Afternoon. 


Friday,  the  twenty  first  day  of  December,  1770.     P.  M. 

The  Council  met  according  to  adjournment. 
PRESENT — The  Honou"  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HUGH  WALLACE, 
HENRT  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  continue  an  Act  entitled  An  Act  to  prevent  Frauds  by  Bills 
of  Sale  which  shall  be  made  and  executed  after  the  First  Day  of  March  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  sixty  nine  in  the  Counties  therein  mentioned]  was  read  the 
second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Saturdy,  the  twenty  second  day  of  December,  1770. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  HonoMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRT  WHITE,  Esq™, 

The  Speaker  assumed  the  Chair 
The  Speaker  left  the  Chair,  and 

221 


1762  Journal  of  tlie  Legislative  Council  of  New  York  [" 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  continue  an  Act  entitled  An  Act  to  prevent  Frauds  by  Bills  of  Sale  which  shall  be 
made  and  executed  after  the  first  Day  of  March  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  sixty  nine  in  the  Counties  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

His  Excellency  the  Right  Honoble  John  Earl  of  Dunmore  Captain  General  and  Governor  in 
Chief,  in  and  over  the  province  of  New  York  and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  of  the  same  being  come  to  the  Council  Chamber 

The  Speaker  left  the  Chair,  and 

His  Excellency  sent  a  Message  by  the  Deputy  Secretary  requiring  the  immediate  Attendance 
of  the  General  Assembly  in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  both  Houses  was  pleased  to  give  his  assent 
to  four  Bills  the  Titles  whereof  are  as  follow  viz' 

An  Act  further  to  continue  an  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  to  continue  an  Act  entitled  An  Act  to  restrain  Hawkers  and  Pedlars  within  this 
Colony  from  selling  without  Licence. 

An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
first  Day  of  January  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  seventy  one  to 
the  first  Day  of  February  one  thousand  seven  hundred  and  seventy  two  inclusive. 

An  Act  to  continue  an  Act  entituled  An  Act  to  prevent  Frauds  by  Bills  of  Sale  which  shall 
be  made  and  executed  after  the  first  Day  of  March  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  sixty  nine  in  the  Counties  therein  mentioned. 

After  which  the  said  Acts  were  published  in  the  usual  manner  and  the  Council  returned  to 
the  Council  Chamber. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Friday  the  fourth  day  of  January  next  at  11  o  Clock  in  the  Morning  . 


Friday  (he  fourth  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Monday  next  at  11  o  Clock  in  the  Morning. 


Monday,  (he  seventh  day  of  January,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT—  The  Honob!e  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1771.]  John  Earl  of  Dunmore,   Governor.  1763 

Tuesday,  the  eighth  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  De  Lancey  with  the  Bill 
Entitled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or 
the  Major  Part  of  them,  to  order  the  raising  a  sum  not  exceeding  sixteen  hundred  Pounds  for 
the  uses  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Boerum  with  the  Bill  Entituled 
[An  Act  for  vesting  Philip  Van  Cortlandt  the  eldest  Son  and  Heir  at  Law  of  Mary  Walton 
Hughes  Tenant  in  Tail  of  a  certain  House  and  Lot  of  Ground  in  the  City  of  New  York,  with 
an  Estate  in  Fee  Simple  therein]  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  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  ninth  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esqri. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Broeck  and  Mr  Ten  Eyck  with  the  Bill 
Entitled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of  ' 
Albany  for  the  Time  being  or  the  major  Part  of  them  to  order  the  raising  a  Sum  not  exceeding 
two  hundred  and  fifty  Pounds  for  the  purposes  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Brinckerhoff  with  the  Bill 
Entitled  [An  Act  for  the  better  regulation  of  the  Election  of  Officers  in  the  City  of  New  York 
chosen  by  virtue  of  the  Charters  granted  to  the  said  City  and  other  Purposes  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  and 

Ordered  a  second  Reading. 

The  Bill  Entitled  [An  Act  to  amend  an  Act  entitled  An  Act  to  enable  the  Freeholders  and 
Inhabitants  of  the  Townships  of  Rochester  and  Marble  Town  to  choose  and  elect  at  their  annual 
Town  Meetings  two  Constables  for  each  Town]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 


1764  Journal  of  the  Legislative  Council  of  New  York.  [ 


31st   Assem. 
3d    SOSB'U. 


The  Speaker  resumed  the  Chair,  and 

Mr  Cruder  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entitled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New 
York  or  the  major  part  of  them  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred 
Pounds,  for  the  uses  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  for  vesting  Philip  Van  Cortlandt  the  eldest  Son  and  Heir  at 
Law  of  Mary  Walton  Hughes  Tenant  in  Tail  of  a  certain  House  and  Lot  of  Ground  in  the  City 
of  New  York  with  an  Estate  in  Fee  simple  therein]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  til  to  Morrow  Morning  11  o  Clock. 


Thursday  the  tenth  day  of  January,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  time  being  or  the  major  part  of  them  to  order  the  raising  a  Sum  not 
exceeding  two  hundred  and  fifty  pounds  for  the  Purposes  therein  mentioned]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entitled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  or  the  major  part  of  them  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred 
Pounds  for  the  uses  therein  mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entitled  [An  Act  to  amend  an  Act  entitled  An  Act  to  enable  the  Freeholders  and 
Inhabitants  of  the  Townships  of  Rochester  and  Marble  Town  to  choose  and  fleet  at  their 
annual  Town  Meetings  two  Constables  for  each  Town,]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1771.]  John  Earl  of  Dunmore,   Governor.  1765 

Friday  the  eleventh  day  of  January,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  Honom  DANIEL  HORSJIANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  Time  being  or  the  Miijor  part  of  them  to  order  the  raising  a  sum  not 
exceeding  Two  hundred  and  fifty  Pounds  for  the  Purposes  therein  mentioned]  was  read  the  third 
time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Bill  Entitled  [An  Act  for  the  better  Regulation  of  the  Election  of  Officers  in  the  City 
of  New  York  chosen  by  Virtue  of  the  Charters  granted  to  the  said  City  and  other  purposes 
therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Saturday,  the  twelfth  day  of  January,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  Hmw'jle  DANIEL  HORSJIANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  the  R'ght  Honoble  John  Earl  of  Dunmore  Captain  General  and  Governor  in 
Chief  of  this  Province  being  come  to  the  Council  Chamber 

The  Speaker  left  the  Chair,  and 

His  Excellency  sent  a  Message  by  the  Deputy  Secretary  requiring  the  immediate  attendance 
of  the  General  Assembly  in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly 

His  Excellency  the  Governor  in  the  presence  of  both  Houses  was  pleased  to  give  his  Assent 
to  three  Bills  the  Titles  whereof  are  as  follow  viz 

An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the 
Major  part  of  them  to  order  the  raising  a  sum  not  exceeding  sixteen  hundred  pounds  for  the 
uses  therein  mentioned. 

An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of  Albany  for 
the  time  being  or  the  Major  part  of  them  to  order  the  raising  a  sum  not  exceeding  two  hundred 
and  fifty  pounds  for  the  purposes  therein  mentioned. 

An  Act  to  amend  an  Act  entitled  An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the 
Town  of  Rochester  and  Marbletown  to  choose  and  elect  at  their  annual  Town  Meetings  two 
Constables  for  each  Town. 

After  which  the  said  Acts  were  published  in  the  usual  Manner,  and  the   Council  being 
returned  to  the  Council  Chamber 
The  Speaker  resumed  the  Chair. 
The  Council  adjourned  till  Tuesday  Morning  11  o  Clock. 


3 


1766  Journal  of  the  Legislative  Council  of  New  York.  \3l$ 

Tuesday,  the  fifteenth  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HOKSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 

Wednesday,  the  sixteenth  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honobte  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An  Act 
for  the  better  Regulation  of  the  Election  of  Officers  in  the  City  of  New  York  chosen  by  Virtue 
of  the  charters  granted  to  the  said  City  and  other  purposes  therein  mentioned]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Walton  with  the  Bill  Entitled 
An  Act  for  emitting  the  sum  of  One  hundred  and  Twenty  Thousand  Pounds  in  Bills  of  Credit 
to  be  put  out  on  Loan  and  to  appropriate  the  Interest  arising  thereon  to  the  payment  of  the 
Debts  of  this  Colony  and  to  such  public  Exigencies  as  the  Circumstances  of  this  Colony  may 
from  Time  to  Time  render  necessary]  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  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  seventeenth  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honobl«  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENRT  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Moruing  11  o  Clock. 


1771.]  John  Earl  of  Dunmore,  Governor.  1767 

Friday,  the  eighteenth  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitled  [An  Act  for  emitting  the  sum  of  one  hundred  and  twenty  thousand  Pounds 
on  Bills  of  Credit  to  be  put  out  on  Loan  and  to  appropriate  the  Interest  arising  thereon  to  the 
payment  of  the  Debts  of  this  Colony,  and  to  such  publick  Exigencies  as  the  Circumstances  of 
this  Colony  may  from  Time  to  Time  render  necessary]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Seaman  with  the  Bill  Entitled 
[An  Act  to  revive  an  Act  entitled  An  Act  for  the  better  determination  of  Personal  Actions 
depending  upon  Accounts]  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. 

A  Message  from  the  General  Assembly  by  Cap1  De  Lancey  and  Mr  Van  Kleeck  with  the  Bill 
Entitled  [An  Act  for  the  better  Confirmation  of  the  Estates  of  Persons  holding  under  Femes 
Covert  and  for  establishing  a  Mode  by  which  Husband  and  Wife  may  hereafter  convey  their 
Estates]  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. 

A  Message  from  the  General  Assembly  by  Mr  Brinckerhoff  and  Mr  De  Noyelles  with  the  Bill 
Entitled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  Rumbout  Precinct  in  Dutches 
County  to  elect  a  Collector  in  the  Room  of  the  one  discharged  by  the  Court  to  collect  the 
Arrears  of  the  Poor  Tax]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Billop  with  the  Bill  Entitled 
[An  Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Clinton  with  the  Bill  Entitled 
[An  Act  to  appoint  Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork  in  the  several 
Counties  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Mr  Mynderse  with  the  Bill 
Entitled  [An  Act  to  extend  an  Act  intitled  An  Act  for  the  better  regulation  of  the  Public 
Inns  and  Taverns  in  the  Counties  of  Ulster  and  Orange,"  to  the  Manor  of  Courtlandt  in  the 
County  of  West  Chester]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  De  Lancey  with  the  Bill 
Entitled  [An  Act  to  revive  the  several  Acts  therein  mentioned  relative  to  Highways  in  the 
County  of  Albany]  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. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Col  Woodhull  with  the  Bill 
Entituled  [An  Act  to  prevent  hunting  with  Fire  Arms  and  robbing  of  Orchards,  Gardens, 
Cornfields  and  other  inclosed  Lands  in  the  Township  of  Brookland  in  Kings  County]  desiring 
the  Concurrence  of  the  Council  thereto. 


1768  Journal  of  the  Legislative  Council  of  New  York.  [^  £•£"• 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Klccck  and  Mr  Rapalje  with  the  Bill 
Entitled  [An  Act  better  to  regulate  Elections  for  Representatives  in  General  Assembly  for  the 
City  and  County  of  Albany]  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  till  4  o  Clock  in  the  Afternoon. 


Friday,  the  eighteenth  day  of  January,  1771.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT — The  IIonobU  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HEXRY  CRUGER, 
HUGH  WALLACE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitled  [An  Act  to  revive  an  Act  intitled  An  Act  for  the  better  determination  of 
Personal  Actions  depending  upon  Accounts]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entitled  [An  Act  for  the  better  Confirmation  of  the  Estates  of  Persons  holding  under 
Femes  Covert  and  for  establishing  a  Mode  by  which  Husband  and  Wife  may  hereafter  convey 
their  Estates]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entitled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  Rumbout  Precinct  in 
Dutchess  County  to  Elect  a  Collector  in  the  Room  of  the  one  discharged  by  the  Court  to  collect 
the  Arrears  of  the  Poor  Tax]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entitled  [An  Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  this 
Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  appoint  Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork 
in  the  several  Counties  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entitled  [An  Act  to  extend  an  Act  entitled  "  An  Act  for  the  better  regulation  of  the 
Public  Inns  and  Taverns  in  the  Counties  of  Ulster  and  Orange"  to  the  Manor  of  Cortlandt  in  the 
Caunty  of  West  Chester]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  Entitled  [An  Act  to  recover  the  several  Acts  therein  mentioned  relative  to  Highways 
in  the  County  of  Albany]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entitled  [An  Act  to  prevent  hunting  with  Fire  Arms  and  robbing  of  Orchards 
Gardens  Cornfields  and  other  inclosed  Lands  in  the  Township  of  Brookland  in  Kings  County] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  regulate  Elections  for  Representatives  in  General  Assembly 
for  the  City  and  County  of  Albany]  was  read  the  second  time  and 

Ordered  to  be  comitted. 

The  Council  adjourned  till  to  morrow  morning  1 1  o  clock. 


1771.]  John  Earl  of  Dunmore,  Governor.  1769 

Saturday,  the  nineteenth  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  DANIEL  HORS.MANDEN,  Escf,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  for  emitting  the  Sum  of  One  hundred  and  twenty  thousand  Pounds  in  Bills  of  Credit  to  be 
put  out  on  Loan,  and  to  appropriate  the  Interest  arising  thereon  to  the  payment  of  the  Debts 
of  this  Colony,  and  to  such  Public  Exigencies  as  the  Circumstances  of  this  Colony  may  from 
Time  to  Time  render  necessary]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  revive  an  Act  intitled  An  Act  for  the  better  determination  of  Personal  Actions  depending 
upon  Accounts]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  enable  the  Freeholders  and  Inhabitants  of  Rumbout  Precinct  in  Dutches  County,  to  Elect 
a  Collector  in  the  Room  of  the  one  discharged  by  the  Court,  to  collect  the  Arrears  of  the  Poor 
Tax]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

^  The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  this  Colony]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
to  extend  an  Act  entitled  "An  Act  for  the  better  regulation  of  the  Public  Inns  and  Taverns  in 
the  Counties  of  Ulster  and  Orange,"  to  the  Manor  of  Cortlandt  in  the  County  of  West  Chester] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  revive  the  several  Acts  therein  mentioned  relative  to  Highways  in  the  County  of  Albany] 
and  after  some  time  spent  therein, 

222 


1770  Journal  of  the  Legislative  Council  of  New  York.  [3sdit£?™' 

^ 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading. 
The  Council  adjourned  till  Tuesday  Morning  11  o  Clock. 


Tuesday  the  twenty  second  day  of  January,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  HonoUe  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Brook  and  Mr  Mynderse  with  the  Bill 
Entitled  [An  Act  to  amend  and  explain  an  Act  entitled  An  Act  empowering  the  Justices  of 
the  Peace  living  or  dwelling  in  the  Township  of  Schenectady  in  the  County  of  Albany  to 
establish  and  regulate  a  Night  Watch  appoint  Firemen  and  other  purposes  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  and 

Ordered,  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Van  Cortlandt  with  the  Bill 
Entitled  [An  Act  to  raise  a  Sum  not  exceeding  forty  Pounds  within  the  Township  of  Schenectady 
for  repairing  the  Watch  House  in  the  said  Township]  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  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  twenty  third  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

> 

PRESENT —  The  Honoble  DANIEL  HORSJIANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entitled  [An  Act  for  emitting  the  Sum  of  one  hundred  and  twenty  thousand 
Pounds  in  Bills  of  Credit  to  be  put  out  on  Loan  and  to  appropriate  the  Interest  arising  thereon 
to  the  payment  of  the  Debts  of  this  Colony  and  to  such  Public  Exigencies  as  the  Circumstances 
of  this  Colony  may  from  Time  to  Time  render  necessary]  was  read  the  third  time  and 

On  the  Question  beiqg  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  and  the  Bill  Entitled  [An  Act  for  the  better  regulation  of  the  Election  of  Officers  in 
the  City  of  New  York  chosen  by  Virtue  of  the  Charters  granted  to  the  said  City  and  other 
purposes  therein  mentioned]  without  any  Amendment. 


1771.]  John  Earl  of  Dunmore,  Governor.  1771 

The  Bill  Entitled  [An  Act  to  revive  an  Act  entitled  An  Act  for  the  better  Determination  of 
Personal  Actions  depending  upon  Accounts]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entitled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  Rumbout  Precinct 
in  Dutches  County  to  elect  a  Collector,  in  the  Room  of  the  one  discharged  by  the  Court,  to 
collect  the  Arrears  of  the  Poor  Tax]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  Entitled  [An  Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  this 
Colony]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  Entitled  [An  Act  to  extend  an  Act  entitled  An  Act  for  the  better  regulation  of  the 
Public  Inns  and  Taverns  in  the  Counties  of  Ulster  and  Orange,  to  the  Manor  of  Cortland  in  the 
County  of  Westchester]  was  read  the  third  time 

On  the  Question  being  put 

Resolved,  thnt  the  said  Bill  do  pass. 

The  Bill  Entitled  [An  Act  to  revive  the  several  Acts  therein  mentioned  relative  to  Highways 
in  the  County  of  Albany]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  better  to  regulate  Elections  for  Representatives  in  General  Assembly  for  the  City  and 
County  of  Albany]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 


•-• 


The  Bill  Entitled  [An  Act  to  amend  and  explain  an  Act  entitled  An  Act  impowering  the 
Justices  of  the  Peace  living  or  dwelling  in  the  Township  of  Schenectady  in  the  County  of 
Albany  to  establish  <  nl  regulate  a  Night  Watch,  appoint  Firemen,  and  other  Purposes  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entitled  [An  Act  to  raise  a  Sum  not  exceeding  Forty  Pounds  within  the  Township 
of  Schenectady  for  repairing  the  Watch  House  in  the  said  Township]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Col  Woodhull  with  the  Bill 
Entitled  [An  Act  to  revive  An  Act  entitled  An  Act  for  regulating  the  Militia  of  the  Colony  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  till  to  Morrow  Morning  11  o  Clock. 


1772  Journal  of  the  Legislative  Council  of  New  York.  [^fsSST 

Thursday,  tlie  twenty  fourth  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  DANIEL  HORSMANDEN,  Escf,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entitled  [An 
Act  to  amend  and  explain  an  Act  entituled  An  Act  impovvering  the  Justices  of  the  Peace  living 
or  dwelling  in  the  Township  of  Schenectady  in  the  County  of  Albany  to  establish  and  regulate 
a  Night  Watch  appoint  Firemen  and  other  Purposes  therein  mentioned]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  raise  a  sum  not  exceeding  forty  Pounds  within  the  Township  of  Schenectady  for  repairing 
the  Watch  House  in  the  said  Township]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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  Mr  Apthorpe  do  Acquaint  the  General  Assembly  that  the  Council  have  past 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  for  regulating  the  Militia  of  the 
Colony  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  Adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twenty  fijtli  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hon11*  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1771.J  John  Earl  of  Dunmore,  Governor.  1773 

Saturday,  the  twenty  sixth  day  of  January,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Hon11'  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  EEADE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  with  the  Bill  entitled  [An 
Act  to  lower  the  Interest  of  Money  to  Six  per  Cent]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Gale  with  the  Bill  entitled  [An 
Act  to  amend  an  Act  intituled  An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage  of  Ships 
and  other  Vessels  and  the  Rates  to  be  taken  for  Cranage  within  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Brook  and  Mr  Ten  Eyck  with  the  Bill 
Entitled  [An  Act  to  enable  every  Church  or  Congregation  of  Reformed  Protestants  in  the 
County  of  Albany  without  discrimination  to  take  and  hold  Estates  to  the  Value  of  one  hundred 
Pounds  Sterling  per  Annum  given  them  for  the  Support  of  the  Gospel]  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. 

A  Message  from  the  General  Assembly  by  Cap1  De  Lancey  and  Mr  Clinton  with  the  Bill 
Entitled  [An  Act  to  prevent  all  Flour  brought  into  this  Colony  for  sale  from  being  branded 
with  the  Colony  Mark]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Van  Kleeck  with  the  Bill  entitled 
[An  Act  to  amend  an  Act  entituled  an  Act  to  encourage  the  taking  and  destroying  of  Wild  Cats 
in  the  County  of  Suffolk]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  appoint  Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork  in  the  several  Counties 
therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Reade  from  the  Committee  of  the  whole  House,  in  his  Place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  made  several  amendments  thereto,  which  he  read  in  his  place 
and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table  where  the  same  being  again 
read  were  agreed  to  and  the  Amendments 
Ordered  to  be  Engrossed  and  the  Bill 
Ordered,  a  third  reading  as  amended. 

The  Council  adjourned  till  Tuesday  Morning  11  o  Clock. 


1774  Journal  of  the  Legislative  Council  of  New  York.  [s 

Tuisday,  tlie  twenty  ninth  day  of  January,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
EOGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  lower  the  Interest  of  Money  to  Six  per  Cent]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  amend  an  Act  entituled  An  Act  to  establish  the  Rates  to  be 
taken  for  Wharfage  of  Ships  and  other  Vessels,  and  the  Rates  to  be  takea  for  Cranage  within 
the  City  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  enable  every  Church  or  Congregation  of  Reformed  Protestants 
in  the  County  of  Albany  without  discrimination  to  take  and  hold  Estates  to  the  value  of  one 
hundred  Pounds  Sterling  per  Annum  given  them  for  the  Support  of  the  Gospel]  was  read 
the  second  Time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  prevent  all  Flour  brought  into  this  Colony  for  sale  from  being 
branded  with  the  Colony  Mark]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  amend  an  Act  entituled  An  Act  to  encourage  the  taking  and 
destroying  of  Wild  Cats  in  the  County  of  Suffolk]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Cap'  De  Lancey  and  Mr  Billopp  with  the  Bill 
entituled  [An  Act  to  amend  an  Act  entituled  An  Act  to  prevent  Frauds  in  Debtors  by 
extending  the  same  to  executors  and  Administrators  residing  out  of  this  Colony  whose  Testator 
or  Intestates  have  Effects  within  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  a  second  reading. 

A  Message  from  the  General  Assembly  by  Col  Philipse  and  Mr  Billop  with  the  Bill  entituled 
[An  Act  to  revive  and  continue  an  Act  intituled  An  Act  to  appoint  an  Inspector  of  Hemp  in 
the  County  of  West  Chester]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Broeck  and  Mr  Kissam  with  the  Bill  entituled 
[An  Act  to  appoint  an  Inspector  of  Pot  and  Pearl  Ashes  in  the  City  of  Albany]  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  Bill  Entituled  [An  Act  to  appoint  Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork 
in  the  several  Counties  therein  mentioned]  was  read  the  third  time  as  amended  and 

On  the  Question  being  put 

Resolved,  that  the  Bill  as  amended  do  pass. 

Ordered,  that  Mr  White  do  carry  back  the  Bill  to  the  General  Assembly  with  the  Amendments 
made  thereto  by  this  House  and  acquaint  the  General  Assembly  that  this  House  have  passed 
the  Bill  with  the  said  Amendments  to  which  they  desire  their  Concurrence. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1771.]  John  Earl  of  Dunmore,  Governor.  1775 

Wednsday,  the  thirtieth  day  of  January,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honom  JOHN  WATTS,  Esqr,  Speaker, 

ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  amend  an  Act  entituled  An  Act  to  prevent  Frauds  in  Debtors 
by  extending  the  same  to  Executors  and  Administrators  residing  out  of  this  Colony  ^when 
Testators  or  Intestates  have  Effects  within  the  same]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  revive  and  continue  An  Act  entituled  An  Act  to  appoint 
an  Inspector  of  Hemp  in  the  County  of  West  Chester]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  Entituled  [An  Act  to  appoint  an  Inspector  of  Pot  and  Pearl  Ashes  in  the  City  of 
Albany]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Nicoll  with  the  Bill  entituled 
[An  Act  to  prevent  the  Inconveniencies  arising  from  Delays  of  Causes  after  Issue  joined] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Billop  and  Cap1  Seaman  with  the  Bill  entituled 
[An  Act  to  prevent  the  firing  of  Guns  Pistols  Squibs  and  other  Fire  Works  at  the  Times  and 
Places  therein  mentioned  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Jauncey  with  the  Bill  entituled 
[An  Act  to  appoint  Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork  in  the  several  Counties 
therein  mentioned]  and  the  Amendments  made  thereto  by  this  House  acquainting  this  House 
that  the  General  Assembly  have  agreed  to  the  said  Amendments  and  desire  the  Bill  may  be 
amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended,  as  follows 

Page  3  Line  7  After  the  Word  Casks  insert  the  following  Words  [And  further  that  I  will 
not  inspect  any  Cask  of  Flour  unless  the  Initial  Letter  of  the  Christian  Name  and  the  Surname 
at  Length  of  the  Manufacturer  are  first  branded  thereon :  and  that  I  will  brand  every  Cask  of 
Flour  by  me  inspected  with  the  name  of  the  County  where  manufactured.] 

Line  29  After  the  Word  aforesaid  insert  the  Words  [and  half  Barrels  in  the  same  proportion.] 

At  the  End  of  the  Bill  insert  the  following  Clause  And  Be  it  enacted  that  this  Act  shall  be 
of  Force  from  its  publication  until  the  first  Day  of  January  One  thousand  seven  hundred  and 
seventy  three. 

The  Council  Adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  thirty  first  day  of  January,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Hon'jl6   DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 
The  Speaker  left  the  Chair  and 


1776  Journal:  of  the  Legislative  Council  of  New  York.  ["dse8."™' 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  prevent  all  Flour.brought  into  this  Colony  for  Sale  from  being  branded  with  the  Colony 
Mark]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  altered  the  Title  and  made  several  Amendments  thereto,  which 
he  read  in  his  place  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table,  where 
the  Amendments  being  again  read  were  agreed  to  and 

Ordered  to  be  engrossed. 

And  the  Amendments  being  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  as  amended  do  pass. 

Ordered,  that  Mr  Wallace  do  carry  the  said  Bill  and  the  Amendments  made  thereto  by  this 
House  to  the  General  Assembly,  and  acquaint  them  that  the  Council  have  passed  the  Bill  with 
the  said  Amendments  to  which  they  desire  their  Concurrence. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Van  Kleeck  with  the  said  Bill 
and  the  Amendments  made  thereto  by  this  House,  acquainting  this  House  that  the  General 
Assembly  have  agreed  to  the  said  Amendments  and  desire  the  Bill  may  be  amended  accordingly 

Then  the  said  Bill  was  amended  accordingly  as  follows 

Strike  out  the  Title  and  insert  the  following  Title 

An  Act  farther  to  regulate  the  Inspection  and  Branding  of  Flour. 

Page  1  Line  6.  In  the  first  enacting  Clause  after  the  Word  shall  strike  out  the  Words 
following,  from  the  end  of  the  Word  manufactured  inclusive  in  the  Sixteenth  Line  of  the  same 
Clause  and  instead  thereof  insert  these  Words  [if  good  and  merchantable  have  the  Name  of  the 
Colony  where  such  Flour  was  manufactured  added  to  the  Mark  or  Brand  wherewith  the  Flcur 
manufactured  within  this  Colony  is  by  Law  directed  to  be  branded.] 

Page  2  Line  6  After  the  Word  made  add  the  following  Clause. 

And  Be  it  enacted  that  from  and  after  the  first  Day  of  June  next,  no  Inspector  of  Flour 
appointed  for  the  City  of  New  York,  shall  brand  or  mark  as  inspected,  any  Cask  of  Flour 
wherever  manufactured,  unless  the  initial  Letter  of  the  Christian  Name,  and  the  Sirname  at 
length  of  the  Manufacturer  are  first  branded  thereon. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  lower  the  Interest  of  Money  to  six  per  Cent]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  an  Act  Entituled  An  Act  to  encourage  the  taking  and  destroying  of  Wild  Cats  in 
the  County  of  Suffolk]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  revive  and  continue  an  Act  intituled  An  Act  to  appoint  an  Inspector  of  Hemp  in  the 
County  of  West  Chester]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  Whole  House,  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. 

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. 


1771.]  John  Earl  of  Dunmore,  Governor.  1777 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  to  prevent  the  Inconveniencies  arising  from  Delays  of  Causes 
after  issue  joined]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  prevent  the  firing  of  Guns  Pistols  Squibs  and  other  Fire  Works 
at  the  Times  and  Places  therein  mentioned  within  this  Colony]  was  read  the  second  Time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Mynderse  with  the  Bill 
entituled  [An  Act  for  the  more  effectual  Punishment  of  Persons  who  shall  be  guilty  of  any  of 
the  Trespasses  therein  mentioned,  in  the  Cities  of  New  York  and  Albany  and  Township  of 
Schenectady,]  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  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  first  day  of  February,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  KEADE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  prevent  the  Inconveniencies  arising  from  Delays  of  Causes  after  Issue  joined]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  entituled  [An 
Act  to  prevent  the  firing  of  Guns,  Pistols,  Squibs,  and  other  Fireworks  at  the  Times  and  places 
therein  mentioned  within  this  Colony]  and  after  some  time  spent  therein 
The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  for  the  more  effectual  Punishment  of  persons  who  shall  be  guilty 
of  the  Trespasses  therein  mentioned,  in  the  Cities  of  New  York  and  Albany,  and  Township 
of  Schenectady]  was  read  the  second  time  and 
Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Cap'  De  Lancey  and  Mr  Nicoll,  with  the  Bill 
intituled  [An  Act  to  amend  an  Act  entituled  An  Act  for  the  Inspection  of  Sole  Leather  witnin 
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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  BroeoL  and  Mr  Billop  with  the  Bill  entituled 
[An  Act  to  prevent  the  taking  and  destroying  of  Salmon  in   Hudsons  River]    desiring   the 
concurrence  of  the  Council  thereto. 
Oidcred,  that  the  said  Bill  be  read. 
Then  the  said  Bill  was  read  the  first  Time  and 
Ordered  a  second  reading. 
The  Council  adjourned  till  Wednesday  next  at  11  o  Clock  in  the  Morning. 

223 


1778  Journal  of  the  Legislative  Council  of  New  York.  [SM  8^' 

Wednesday,  the  sixth  day  of  February,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honolli  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGBR, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Kissam  with  the  Bill  entituled 
[An  Act  for  raising  and  collecting  the  Arrears  of  Taxes  due  to  this  Colony  from  the  City  and 
County  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Col  Philipse  with  the  Bill 
entituled  [An  Act  for  confirming  to  the  Assignees  therein  named,  the  Estate  of  Cornelius  C. 
Wynkoop,  and  of  Mary  Catharine  his  Wife,  heretofore  assigned  for  the  Benefit  of  his  Creditors, 
and  for  the  Relief  of  the  said  Cornelius  C  Wyrikoop  and  the  said  Creditors]  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  Bill  entituled  [An  Act  to  amend  An  Act  intituled  An  Act  for  the  Inspection  of  Sole 
Leather  within  the  City  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  Entituled  [An  Act  to  prevent  the  taking  and  destroying  of  Salmon  in  Hudson's 
River]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Ciiair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  better  to  regulate  Elections  for  Representatives  in  General 
Assembly  for  the  City  and  County  of  Albany]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  prevent  the  Inconveniencies  arising  from  Delays  of  Causes 
after  Issue  joined]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  to  prevent  the  firing  of  Guns  Pistols  Squibs  and  other  Fireworks 
at  the  Times  and  Places  therein  mentioned  within  this  Colony]  was  read  the  third  time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 


1771.]  John  Earl  of  Dunmore,  Governor.  1779 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  an  Act  entituled  An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage  of  Ships 
and  other  Vessels,  and  the  Rates  to  be  taken  for  Cranage  within  the  City  of  New  York]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday  the  seventh  day  of  February,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honoble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
FIEXRY  CRUGER, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Col  Woodhull  with  the  Bill 
eutituled  [An  Act  for  the  apprehending  of  Persons  in  any  County  or  Place  upon  Warrants 
granted  by  Justices  of  the  Peace  of  any  other  County  or  Place]  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. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Mr  De  Witt  with  the  Bill 
entituled  [An  Act  for  making  a  further  Provision  of  two  thousand  Pounds  for  furnishing  his 
Majesty's  Troops  quartered  in  this  Colony  with  Necessaries  for  one  year]  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. 

A  Message  from  the  General  Assembly  by  Mr  Brinkerhoff  and  Mr  Mynderse  with  the  Bill 
entituled  [An  Act  for  the  Relief  of  Elizabeth  Seabury  an  Insolvent  Debtor]  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  Bill  entituled  [An  Act  for  raising  and  collecting  the  Arrears  of  Taxes  due  to  this  Colony 
from  the  City  and  County  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  confirming  to  the  Assignees  therein  named,  the  Estate  of 
Cornelius  C  Wynkoop,  and  of  Mary  Catharine  his  Wife,  heretofore  assigned  for  the  Benefit  of 
his  Creditors;  and  for  the  Relief  of  the  said  Cornelius  C  Wynkoop  and  the  said  Creditors]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  more  effectual  Punishment  of  Persons  who  shall  be  guilty  of  any  of  the  Trespasses 
therein  mentioned  in  the  Cities  of  New  York  and  Albany,  and  Township  of  Scheuectady]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 


1780  Journal  of  the  Legislative  Council  of  New  York.  [3$  £'££• 

Mr  DC  Lancey  from  the  Committee  of  the  whole  House  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  ot  and  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  prevent  the  taking  and  destroying  of  Salmon  in  Hudson's 
River]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  amend  An  Act  entituled  An  Act  for  the  Inspection  of  Sole 
Leather  within  the  City  of  New  York]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  Past  the  two 
last  mentioned  Bill,  without  any  Amendment. 

The  Council  adjourned  till  4  o  Clock  in  the  Afternoon. 


Thursday,  the  seventh  day  of  February,  1771.     P.  M. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  making  a  further  Provision  of  two  thousand  Pounds  for 
furnishing  his  Majesty's  Troops  quartered  in  this  Colony  with  Necessaries  for  one  Year]  was 
read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  Adjourned  till  Saturday  Morning  11  o  Clock. 


Saturday,  the  ninth  day  of  February,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honolle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  raising  and  collecting  the  Arrears  of  Taxes  due  to  this  Colony  from  the  City  and 
County  of  New  York]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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  Qnestion  being  put  was  agreed  to  and  approved  of  and  the  Bill 

Ordered  a  third  reading. 

The  Bill  intituled  [An  Act  for  the  apprehending  of  Persons  in  any  County  or  Place  upon 
Warrants  granted  by  Justices  of  the  Peace  of  any  other  County  or  Place]  was  read  the 
second  time  and 


1771.]  John  Earl  of  Dunmore,  Governor.  1781 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  Relief  of  Elizabeth  Seabuiy  an  Insolvent  Debtor]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Capt.  Seaman  with  the  Bill 
intituled  [An  Act  to  impower  Philip  Van  Cortland  the  eldest  Son  and  Heir  at  Law  of  Mary 
Walton  Hughes,  Tenant  in  Tail  of  a  certain  House  and  Lot  of  Ground  in  the  City  of  New 
York,  to  hold  the  same  in  Fee  Simple]  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. 

A  Message  from  the  General  Assembly  by  Mr  Billop  anu  Mr  Rapalje  with  the  Bill  entituled  [An 
Act  to  prevent  Abuses  committed  by  Tenants  or  by  other  Persons  entering  and  keeping 
possession  of  Messuages  Lands  and  Tenements  before  a  legal  Title  to  the  same  is  obtained] 
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  till  Monday  Morning  11  o  Clock. 


Monday,  the  eleventh  day  of  February,  1771. 
The  Council  met  according. to  adjournment. 

PRESENT  —  The  Honofjle  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
JOSEPH  EEADE, 
EOGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  the  more  effectual  Punishment  of  Persons  who  shall  be  guilty 
of  any  of  the  Trespasses  therein  mentioned  in  the  Cities  of  New  York  and  Albany  and  Township 
of  Schenectady]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  apprehending  of  Persons  in  any  County  or  Place,  upon  Warrants  granted  by  Justices 
of  the  Peace  of  any  other  County  or  Place]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  making  a  further  Provision  of  two  thousand  Pounds  for  furnishing  his  Majesty's  Troops 
quartered  in  this  Colony  with  Necessaries  for  one  Year]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  Relief  of  Elizabeth  Seabury  an  Insolvent  Debtor]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 


1782  Journal  of  the  Legislative  Council  of  New   York.  [3sd  e","™.' 

Mr  Morris  from  the  Committee  of  the  whole  House  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  ot. 

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  Mr  White  do  Acquaint  the  General  Assembly  that  the  Council  have  Passed  the 
said  two  last  mentioned  Bills  and  the  Bill  entituled  [An  Act  for  the  more  effectual  Punishment 
of  Persons  who  shall  be  guilty  of  any  of  the  Trespasses  therein  mentioned  in  the  Cities  of  New 
York  and  Albany  and  Township  of  Schenectady]  without  any  Amendment. 

The  Bill  entituled  [An  Act  to  impower  Philip  Van  Cortland  the  Eldest  son  and  Heir  at  Law 
of  Mary  Walton  Hughes  Tenant  in  Tail  of  a  certain  House  and  Lot  of  Ground  in  the  City  of 
New  York  to  hold  the  same  in  Fee  Simple]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  prevent  Abuses  committed  by  Tenants  or  by  other  Persons 
entering  and  keeping  possession  of  Messuages  Lands  and  Tenements  before  a  legal  Title  to  the 
same  is  obtained]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  morrow  morning  11  o  Clock. 


Tuesday,  the  twelfth  day  of  February,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT — The  HonoUe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Rapalje  with  the  Bill 
intituled  [An  Act  for  establishing  the  Boundary  or  Partition  Line  between  the  Colonies  of  New 
York  and  Nova  Caesarea  or  New  Jersey,  and  for  confirming  Titles  and  possessions]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Clinton  with  the  Bill  entituled 
[An  Act  for  the  more  effectual  recovery  of  Duties  arisen  in  the  late  Treasurer's  time  and 
remaining  still  unpaid]  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. 

A  Message  from  the  General  Assembly  by  M'  Gale  and  Col  Woodhull  with  the  Bill  entituled 
[An  Act  to  Amend  the  Act  therein  mentioned  relative  to  Highways  in  the  County  of  Orange] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Mynderse  and  Mr  Ten  Eyck  with  the  Bill 
entituled  [An  Act  for  naturalizing  the  several  Persons  therein  named]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  impower  Philip  Van  Cortlandt  the  eldest  Son  and  Heir  at  Law  of  Mary  Walton  Hughes 


1771.]  John  Earl  of  Dunmore,   Governor.  1783 

Tenant  in  Tail  of  a  certain  House  and  Lot  of  Ground  in  the  City  of  New  York,  to  hold  the 
same  in  Fee  Simple]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  thirteenth  day  of  February,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hon'le  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  •  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  for  establishing  the  Boundary  or  Partition  Line  between  the 
Colonies  of  New  York  and  Nova  Cassarea  or  New  Jersey,  and  for  Confirming  Titles  and 
Possessions]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  more  effectual  Recovery  of  Duties  arisen  in  the  late 
Treasurer's  Time  and  remaining  still  unpaid]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  amend  the  Act  therein  mentioned  relative  to  Highways  in  the 
County  of  Orange]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  eutituled  [An  Act  for  naturalizing  the  several  Persons  therein  named]  was  read  the 
second  time  and 

Onler/d  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Jauncey  with  the  Bill  entituled 
[An  Act  to  amend  an  Act  entituled  An  Act  the  better  to  ascertain  the  Quality  of  Pot  and 
Pearl  Ashes]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  De  Noyelles  with  the  Bill 
intituled  [An  Act  to  amend  and  continue  an  Act  entituled  An  Act  for  the  Relief  of  Insolvent 
Debtors  within  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  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  entituled  [An  Act  for  the  apprehending  of  Persons  in  any  County  or  Place  upon 
Warrants  granted  by  Justices  of  the  Peace  of  any  other  County  or  Place]  was  read  the  third 
Time  and 

On  the  Question  being  put 

Ri  solved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  last  mentioned  Bill  and  the  Bill  entituled  [An  Act  to  impower  Philip  Van  Cortlandt  the 
eldest  Son  and  Heir  of  Mary  Walton  Hughes  Tenant  in  Tail  of  a  certain  House  and  Lot  of 
Ground  in  the  City  of  New  York,  to  hold  the  same  in  Fee  Simple]  without  any  Amendment. 

The  Council  Adjourned  till  to  Morrow  Morning  11  o  Clock. 


Journal  of  the  Legislative  Council  of  New  York.  [8sd  sS' 

Thursday,  the  fourteenth  day  of  February,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
JOSEPH  READE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HDGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

John  Willet  Junior  Esqr  who  by  his  Petition  read  this  day  hath  prayed  to  be  heard  against 
passing  the  Bill  depending  before  this  House  for  the  Relief  of  Insolvent  Debtors  in  which  the 
Name°of  Nicholas  Wortman  is  inserted,  attending  without  was  called  in,  and  being  heard 
against  the  said  Bill,  withdrew. 

The  Bill  entituled  [An  Act  to  amend  an  Act  entituled  An  Act  the  better  to  ascertain  the 
Quality  of  Pot  and  Pearl  Ashes]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  amend  and  continue  an  Act  entituled  An  Act  for  the  Relief 
of  Insolvent  Debtors  within  the  Colony  of  New  York  with  respect  to  the  Imprisonment  of 
their  Persons]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  an  Act  intituled  An  Act  to  prevent  Frauds  in  Debtors  by  extending  the  same 
to  Executors  and  Administrators  residing  out  of  this  Colony,  whose  Testators  or  Intestates  have 
Effects  within  the  same]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  confirming  to  the  Assignees  therein  named,  the  Estate  of  Cornelius  C.  Wynkoop  and  of 
Mary  Catharine  his  Wife,  heretofore  assigned  for  the  Benefit  of  his  Creditors,  and  for  the  Relief 
of  the  said  Cornelius  C  Wynkoop  and  the  said  Creditors]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  entituled  [An 
Act  for  establishing  the  Boundary  or  Partition  Line  between  the  Colonies  of  New  York  and 


1771.]  John  Earl  of  Dunmore,  Governor.  1785 

Nova  Cccsarea  or  New  Jersey  and  for  Confirming  Titles  and  Possessions]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair  and 

Mr  Do  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  more  effectual  recovery  of  Duties  arisen  in  the  late  Treasurer's  Time  and  remaining 
still  unpaid]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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 

Rcsoli-cd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  the  Act  therein  mentioned  relative  to  Highways  in  the  County  of  Orange]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  lime  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  for  raising  and  Collecting  the  Arrears  of  Taxes  due  to  this  Colony 
from  the  City  and  County  of  New  York]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  naturalizing  the  several  Persons  therein  named]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  ihe  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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


224 


3 


1786  Journal  of  the  Legislative  Council  of  Neio  York.  [3sd 

Friday,  the  fifteenth  day  of  February,  1771. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono''le  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHAELES  VV.  APTIIORPE 
JOSEPH  KEADE, 
EOGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  better  Confirmation  of  the  Estates  of  Persons  holding  under  Femes  Covert  and  for 
establishing  a  Mode  by  which  Husband  and  Wife  may  hereafter  convey  their  Estates]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  an  amendment  thereto  by  altering  the  Title  which 
amendment  he  read  and  then  delivered  the  Bill  with  the  amendment  in  at  the  Table  where  the 
same  was  again  read  and  being  agreed  to  the  amendment  was  ordered  to  be  Engrossed  and  being 
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  as  amended  do  pass. 

Ordered,  that  Mr  Apthorpe  do  carry  the  said  Bill  back  to  the  General  Assembly  with  the 
amendment  made  thereto  by  this  House  and  acquaint  the  General  Assembly  that  this  House 
have  passed  the  Bill  with  the  said  Amendment  to  which  they  desire  their  Concurrence. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Ten  Eyck  with  the  Bill  last 
mentioned  and  the  amendment  thereto  acquainting  this  House  that  the  General  Assembly  hath 
agreed  to  the  said  amendment  made  by  this  House  and  desire  that  the  Bill  may  be  amended 
accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  striking  out  the  Title  thereof,  and  in  ita 
stead  inserting  the  following  title  viz1 

An  Act  to  confirm  certain  ancient  Conveyances  and  directing  the  Manner  of  proving  Deeds  to 
be  recorded. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  prevent  abuses  committed  by  Tenants,  or  by  other  Persons  entering  and  keeping 
possession  of  Messuages  Lands  and  Tenements  before  a  legal  Title  to  the  same  be  obtained]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House,  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. 

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. 

The  Bill  entituled  [An  Act  to  amend  an  Act  entituled  An  Act  the  better  to  asceitain  the 
Quality  of  Pot  and  Pearl  Ashes]  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
to  amend  and  continue  an  Act  entituled  An  Act  for  the  Relief  of  Insolvent  Debtors  within  the 
Colony  of  New  York  with  respect  to  the  Imprisonment  of  their  Persons]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair  and 


1771.]  John  Earl  of  Dunmore,  Governor.  1787 

Mr  Rearle  from  the  Committee  of  the  whole  House  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. 

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, 

Rf solved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Reade  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
three  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Cap'  Seaman  and  Mr  Brinckerhoff  with  the  Bill 
entituled  [An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this  Colony,  and 
other  purposes  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Billop  and  Capt  De  Lancey  with  the  Bill 
entituled  [An  Act  for  discharging  the  present  Assignees  of  Joseph  Forman  an  Insolvent  Debtor, 
and  for  appointing  a  New  Assignee,  and  for  other  Purposes  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Kleeck  and  Col  Philipse  with  the  Bill 
entituled  [An  Act  to  amend  an  Act  entituled  An  Act  for  the  more  effectual  vesting  the  real  and 
Personal  Estate  whereof  Abraham  De  Peyster  Esqr  late  Treasurer  of  this  Colony  died  seized 
and  possessed,  in  Trustees  for  the  payment  of  his  Debts]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  MT  Walton  with  the  Bill  entituled 
[An  Act  to  amend  an  Act  entituled  An  Act  for  submitting  the  property  of  the  Lands  which 
are  held  or  claimed  by  Grants  under  the  Great  Seal  of  this  Colony,  and  are  affected  by  the 
Controversy  about  the  Boundary  or  Partition  Line  between  this  Colony  and  the  Colony  of  New 
Jersey  to  such  a  Method  of  Decision  as  his  most  gracious  Majesty  shall  think  proper  by  his 
royal  Commission  or  otherwise  to  appoint,  and  for  defraying  the  expense  to  accrue  on  the  part 
of  this  Colony  on  the  final  Settlement  of  the  said  Line]  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  till  4  o  Clock  in  the  Afternoon. 


Friday,  the  fifteenth  day  of  February,  1771.     P.  M 
The  Council  met  according  to  Adjournment. 

PKESENT  —  The Hono'16  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this 
Colony,  and  other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  bis  committed. 

The  Bill  entituled  [An  Act  for  discharging  the  present  assignees  of  Joseph  Forman  an 
Insolvent  Debtor,  and  for  appointing  a  New  Assignee,  and  for  other  purposes  therein  mentioned] 
was  read  the  second  time  and 

Ordered  to  be  committed. 


1788  Journal  of  the  Legislative  Council  of  New  York. 


>t  A«s5m. 
id    Seas' u. 


The  Bill  entituled  [An  Act  to  amend  An  Act  entituletl  An  Act  for  the  move  effectual  vesting 
the  real  and  personal  Estate  whereof  Abraham  De  Peystcr  Esqr,  late  Treasurer  of  this  Colony 
died  seized  and  possessed  in  Trustees  for  the  Payment  of  his  Debts]  was  read  the  second  time 
and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  amend  an  Act  entituled  An  Act  for  submitting  the  property 
of  the  Lands  which  are  held  or  claimed  by  Grants  under  the  Great  Seal  of  this  Colony,  and 
are  affected  by  the  controversy  about  the  Boundary  or  partition  Line  between  this  Colony  anil 
the  Colony  of  New  Jersey,  to  such  a  Method  of  Decision  as  his  most  gracious  Majesty  shall 
think  proper  by  his  royal  commission  or  otherwise  to  appoint;  and  for  defraying  the  Expence 
to  accrue  on  the  part  of  this  Colony  on  the  final  Settlement  of  the  said  Line]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  morrow  morning  11  o  Clock. 


Saturday,  the  sixteenth  day  of  February,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  Honot>!e  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
JOSEPH  READE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this  Colony  and  other  purposes 
therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  last  mentioned  Bill  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  to  Amend  An  Act  Entituled  An  Act  for  the  more  effectual  vesting  the  real  and  personal 
Estate  whereof  Abraham  De  Peyster  Esqr,  late  Treasurer  of  this  Colony  died  seized  and 
possessed  in  Trustees  for  the  payment  of  his  Debts]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the  Committee 
had  gone  through  the  said  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  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  an  Act  entituled  An  Act  for  submitting  the  Property  of  the  Lands  which  are 
held  or  claimed  by  Grants  under  the  Great  Seal  of  this  Colony  and  are  affected  by  the 
l,ot.troversey  about  the  Boundary  or  Partition  Line  between  this  Colony  and  the  Colony  of 
JNew  Jersey  to  such  a  Method  of  Decision  as  his  most  gracious  Majesty's  shall  think  proper  by 


1771.]  John  Earl  of  Dunmore,  Governor.  1789 

his  royal  Commission  or  otherwise  to  appoint  and  for  defraying  the  expence  to  accrue  on  the 
Part  of  this  Colony  on  the  final  Settlement  of  the  said  Line]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  directed  him  to  report  I  he  same  without  any  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  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

His  Excellency  the  Right  Honoblc  John  Earl  of  Dunmore  Captain  General  and  Governor  in 
Chief  of  this  Province  being  come  to  the  Council  Chamber, 

The  Speaker  left  the  Chair,  and 

His  Excellency  sent  a  Message  by  the  Deputy  Secretary,  requiring  the  immediate  Attendance 
of  the  General  Assembly  in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  both  Houses,  was  pleased  to  give  his  Assent 
to  thirty  seven  Bills,  the  Titles  whereof  are  as  follow  Viz': 

An  Act  for  emitting  the  Sum  of  one  hundred  and  twenty  thousand  Pounds  in  Bills  of  Credit 
to  be  put  out  on  Loan,  and  to  appropriate  the  Interest  arising  thereon  to  the  payment  of  the 
Debts  of  this  Colony,  and  to  such  Public  Exigencies  as  the  Circumstances  of  this  Colony  may  _ 
from  time  to  time  render  Necessary. 

An  Act  to  facilitate  and  explain  the  Duty  of  the  Loan  Officers  in  this  Colony. 

An  Act  for  making  a  further  Provision  of  two  thousand  Pounds  for  furnishing  his  Majesty's 
Troops  quartered  in  this  Colony  with  Necessaries  for  one  year. 

An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this  Colony,  and  other 
purposes  therein  mentioned. 

An  Act  for  establishing  the  Boundary  or  Partition  Line  between  the  Colonies  of  New  York 
and  Nova  Cresarea,  or  New  Jersey,  and  for  Confirming  Titles  and  possessions. 

An  Act  to  amend  an  Act  entituled  [An  Act  for  the  Inspection  of  Sole  Leather  within  the 
City  of  New  York.] 

An  Act  to  revive  an  Act  entituled  [An  Act  for  the  better  determination  of  Personal  Actions 
depending  upon  Accounts.] 

An  Act  to  amend  an  Act  entituled  [An  Act  the  better  to  ascertain  the  Quality  of  Pot  and 
Pearl  Ashes.] 

An  Act  to  amend  and  continue  an  Act  entituled  [An  Act  for  the  Relief  of  Insolvent  Debtors 
within  the  Colony  of  New  York  with  Respect  to  the  Imprisonment  of  their  persons.] 

An  Act  to  amend  an  Act  entituled   [An  Act  for  submitting  the  property  of  the  Lands  which ' 
are  held  or  claimed  by  Grants  under  the  Great  Seal  of  this  Colony,  and  arc  affected  by  the 
Controversy  about  the  Boundary  or  partition  Line  between  this  Colony  and  the  Colony  of  New 
Jersey,  to  such  a  Method  of  Decision  as  his  most  gracious  Mnjesty  shall  think  proper  by  his 
royal  Commission  or  otherwise  to  appoint,  and  for  defraying  the  Expence  to  accrue  on  the  part^ 
of  this  Colony  on  the  final  Settlement  of  the  saide  Line. 

An  Act  farther  to  regulate  the  Inspection  and  branding  of  Flour. 

An  Act  to  appoint  Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork  in  the  several 
Counties  therein  mentioned. 

An  Act  to  confirm  certain  ancient  Conveyances,  and  directing  the  Manner  of  proving  Deeds 
to  be  recorded. 

An  Act  to  prevent  Abuses  committed  by  Tenants  or  by  other  Persons  entering  or  keeping 
possession  of  Messuages  Lands  and  Tenements  before  a  legal  Title  to  the  same  is  obtained. 

An  Act  to  amend  an  Act  entituled  [An  Act  to  prevent  Frauds  in  Debtors]  by  extending  the 
same  to  Executors  and  Administrators  residing  out  of  this  Colony,  whose  Testators  or  Intestates 
have  Effects  within  the  same. 

An  Act  to  prevent  the  Inconveniencies  arising  from  Delays  of  Causes  after  Issue  joined. 

An  Act  for  the  apprehending  of  Persons  in  any  County  or  place,  upon  Warrants  granted  by. 
Justices  of  the  Peace  of  any  other  County  or  Place. 

An  Act  to  prevent  the  taking  and  destroying  of  Salmon  in  Hudson's  River. 

An  Act  for  the  more  effectual  Recovery  of  Duties  arisen  in  the  late  Treasurer's  Time,  and 
rernaiuing  yet  unpaid. 


1790  Journal  of  the  Legislative  Council  of  New  York.  [3^1  %™,™; 

An  Act  for  raising  and  Collecting  the  Arrears  of  Taxes  due  to  this  Colony  from  the  City  and 
County  of  New  York. 

An  Act  for  the  better  regulation  of  the  Election  of  Officers  in  the  City  of  New  York  chosen 
by  virtue  of  the  Charters  granted  to  the  said  City  and  other  purposes  therein  mentioned. 

An  Act  to  amend  an  Act  entituled  [An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage 
of  Ships  and  other  Vessels,  and'  the  Rates  to  be  taken  for  Cranage  within  the  City  of  New 
.York.] 

An  Act  for  the  more  effectual  punishment  of  Persons  who  shall  be  guilty  of  any  of  the 
Trespasses  therein  mentioned  in  the  Cities  of  New  York  and  Albany  and  Township  of 
Schenectady. 

An  Act  to  revive  the  several  Acts  therein  mentioned  relative  to  Highways  in  the  County  of 
Albany. 

An  Act  to  amend  and  explain  an  Act  entituled  [An  Act  impowering  the  Justices  of  the 
peace  living  or  dwelling  in  the  Township  of  Schenectady  in  the  County  of  Albany,  to  establish 
and  regulate  a  Night  Watch,  appoint  Firemen,  and  other  purposes  therein  mentioned.] 

An  Act  to  raise  a  Sum  not  exceeding  forty  Pounds  within  the  Township  of  Schenectady  for 
repairing  the  Watch  House  in  the  said  Township. 

An  Act  to  revive  and  continue  an  Act  entituled  [An  Act  to  appoint  an  Inspector  of  Hemp  in 
the  County  of  West  Chester.] 

An  Act  to  enable  the  Freeholders  and  Inhabitants  of  Rumbout  Precinct  in  Dutches  County 
to  elect  a  Collector  in  the  room  of  the  one  discharged  by  the  Court  to  collect  the  Arrears  of 
the  poor  Tax. 

An  Act  to  extend  an  Act  entituled  [An  Act  for  the  better  regulation  of  the  Public  Inns  and 
Taverns  in  the  Counties  of  Ulster  and  Orange]  to  the  Manor  of  Cortlandt  in  the  County  of 
West  Chester. 

An  Act  to  prevent  the  firing  of  Guns  Pistols  Squibs  and  other  Fire  Works  at  the  Times  and 
places  therein  mentioned  within  this  Colony. 

An  Act  to  amend  the  Act  therein  mentioned  relative  to  Highways  in  the  County  of  Orange. 
i_  An  Act  to  amend  an  Act  entituled  [An  Act  to  encourage  the  taking  and  destroying  of  Wild 
Cats  in  the  County  of  Suffolk.] 

An  Act  to   amend  an  Act  entituled   [An  Act  for  the  more  effectual   vesting  the  real  and 
Personal   Estate  whereof  Abraham  De  Peyster   Esquire  late  Treasurer  of  this    Colony  died 
i  siezed  and  possessed,  in  Trustees  for  the  payment  of  his  Debts.] 

An  Act  for  confirming  to  the  Assignees  therein  named  the  Estate  of  Cornelius  C  Wynkoop, 
and  of  Mary  Catharine  his  Wife,  heretofore  assigned  for  the  Benefit  of  his  Creditors  ;  and  for 
the  Relief  of  the  said  Cornelius  C  Wynkoop  and  the  said  Creditors. 

An  Act  for  the  Relief  of  Elizabeth  Seabury  an  Insolvent  Debtor. 

An  Act  to  impower  Philip  Van  Cortlandt  the  eldest  Son  and  Heir  at  Law  of  Mary  Walton 
Hughes  Tenant  in  Tail  of  a  certain  House  and  Lot  of  Ground  in  the  City  of  New  York,  to 
hold  the  same  in  Fee  Simple. 

An  Act  for  Naturalizing  the  several  Persons  therein  named. 

After  which  his  Excellency  the  Governor  was  pleased  to  direct  the  Speaker  of  the  General 
Assembly  to  return  to  the  Assembly  Chamber  and  adjourn  the  House  until  Monday  the  twenty 
fifth  Day  of  February  Instant. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Monday  the  twenty  fifth  Day  of  February  Instant. 


Monday,  the  twenty  fifth  day  of  February,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  Ho?ioble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  til  Thursday  next  at  H  o  Clock  in  the  Morning. 


1771.]  John  Earl  of  Dunmore,  Governor.  1791 

Thursday,  the  twenty  eighth  day  of  February,  1771. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honolle  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Monday  next  the  fourth  day  of  March. 

Monday,  the  fourth  day  of  March,  1771. 

His  Excellency  the  Right  Honoble  John  Earl  of  Dunmore  Captain  General  and  Governor 
in  Chief  of  this  Province  by  Proclamation  issued  this  Day  with  the  Advice  of  his  Majesty's 
Council  was  pleased  to  put  an  end  to  the  Session  hy  proroguing  the  General  Assembly  until 
Monday  the  ll'h  Day  of  March  Instant. 


[N.  Y.  Col.  MSS.,  XCVII.,  28.] 

BY  HIS  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DUNMORE  Captain  General  and  Governor  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  this  day  I  have 
thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the  advice  of  his  Majesty's 
Council  Prorogue  the  said  General  Assembly  until  the  eleventh  day  of  this  Instant  Month  of 
March  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  the  fourth  day  of  March 
1771  in  the  eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the 
Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth. 

DUNMORE. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1792  Journal  of  the  Legislative  Council  of  New  York. 


[IT.  Y.  Col.  MSS.,  XCVII.,  33.] 

BY  ins  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DILXMORE   Captain    General  and  Governor  in   Chief 
(L.  s.)    in  and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  iu 
America  Chancellor  and  Vice  Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the  Advice  of  his 
Mnjesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  eighteenth  day  of  this 
Instant  Month  of  Marck  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  eleventh  day  of  March  one  thousand  seven  hundred  and  seventy  one, 
in  the  cleicn/h  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

DUNMORE. 
By  his  Excellency's  Command 

Gw  BANYAB,  D  Secry. 

God  save  the  KING. 


[  N.  T.  Col.  MSS.,  XCVIL,  34.  ] 

BY  HIS  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DUNMORE  Captain  General  and  Governor  in  Chief  in 
(L.  s. )    and  over  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  (it  for  his  Majestys  service  to  Prorogue  and  I  do  by  and  with  the  Advice  of  his 
Mnjesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  twenty  fijtk  day  of  this 
Instant  Month  of  March  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  eighteenth  day  of  March  one  thousand  seven  hundred  and  seventy  one  in 
the  eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third 
by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth. 

DUNMORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D.  Sccry. 

God  save  the  KING. 


1771.]  John  Earl  of  Dunmore,  Governor.  1793 

[N.  Y.  Col.  MSS.,  XCVII.,  36.) 

BY  ms  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DUNMORE  Captain  General  and  Governor  in  Chief  in  and 
(L.  s.)    over  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  this  day  I  have 
thought  fit  for  his  Majestys  Service  to  Prorogue,  and  I  do  by  and  with  the  Advice  of  his  Majesty's 
Council  farther  Prorogue  the  said  General  Assembly  until  the  first  day  of  April  now  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  fifth  day  of  March  one  thousand  seven  hundred  and  seventy  one, 
in  the  eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third 
by  the  Grace  of  God  of  Great  Britain,  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth. 

DUNMORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D  SScry 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCVII.,  87.] 

BY  HIS  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DUNMORE  Captain  General  and  Governor  in  Chief  in  and 
(L.  s.)   over  the  Province  of  Neiv   York,   and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  fit  for  his  Majesty's  service  to  Prorogue  And  I  do  by  and  with  the  advice  of  his  Majesty's 
Council  farther  prorogue  the  said  General  Assembly  until  the  tenth  day  of  April  instant.  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  first  day  of  April  one  thousand  seven  hundred  and  seventy  one,  in  the 
eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 
Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

DUNMORE. 
By  his  Excellency's  Command 

Gw  BANYAR  D  SScry. 

God  save  the  KING. 


225 


1794  Journal  of  the  Legislative  Council  of  New  York.  [SM  £","".• 

[N.  T.  Col.  MSS.,  XCVII.,  44.] 

BY  HIS  EXCELLENCY 

The  Ri"ht  Honorable  JOHN  Earl  of  DUNMORE  Captain  General  and  Governor  in  Chief  in  and 
(L.  s.°)    over  the  Province  of  New   York,  and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the  advice  of  his  Majesty's 
Council  farther  Prorogue  the  said  General  Assembly  until  the  seventeenth  day  of  this  Instant 
Month  of  April.  Of  which  all  his  Majesty's  Subjects  concerned  therein  are  required  to  take 
Notice,  and  to  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  one  thousand  seven  hundred  and  seventy  one,  in  the 
eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

DUNMORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Sccry 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCVII.,  47.) 

BY  HIS  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DUNMORE  Captain  General  and  Governor  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  Wednesday  the 
seventeenth  day  of  April  Instant  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I 
do  by  and  with  the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly 
until  the  twenty  fourth  day  of  April  Instant  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  fifteenth  day  of  April  one  thousand  seven  hundred  and  seventy  one, 
in  the  eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third 
by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of 
the  Faith  and  so  forth. 

DUNMORE. 
By  his  Excellency's  Command 

Gw  BANYAR  D  SScry. 

God  save  the  KING. 


1771.]  John  Earl  of  Dunmore,  Governor.  1795 


[  N.  Y.  Col.  MSB..  XCVII.,  48.] 

BY  HIS  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DUNMORE  Captain  General  and  Governor  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 
Chancellor  and  Vice  Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  twenty  fourth 
day  of  April  Instant  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do  by  and 
with  the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the 
first  day  of  May  now  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  second  day  of  April  one  thousand  seven  hundred  and  seventy  one 
in  the  eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of 
the  Faith  and  so  forth 

DUNMORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D  SScry. 

God  save  the  KING. 


( N.  T.  Col.  MSS.,  XCVII.,  60.  ] 

BY  HIS  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DUNMORE  Captain  General  and  Governor  in  Chief  in 
(L.  s.)    and  over  the   Province  of  New  York   and   the   Territories  depending  thereon  in 
America  Chancellor  and  Vice  Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  fit  for  his  Mnjesty's  Service  to  Prorogue  and  I  do  by  and  with  the  Advice  of  his 
Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  sixth  day  of  June  now 
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  Niw  York 
the  first  day  of  May  one  thousand  seven  hundred  and  seventy  one,  in  the 
eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 
Grace  of  God  of  Great  Britain,  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

DUNMORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1796  Journal  of  the  Legislative  Council  of  New  York.  ["J 

[  N.  T.  Col.  MSS.,  XCVIL,  54.  ] 

BY  HIS  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DUN  MORE  Captain  General  and  Governor  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 
Chancellor  and  Vice  Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  sixth  day  of 
June  now  next  ensuing  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue,  and  I  do  by 
and  with  the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until 
the  third  day  of  July  now  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  May  one  thousand  seven  hundred  and  seventy  one, 
in  the  eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of 
the  Faith  and  so  forth. 

DUNMORE. 

By  His  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCVII.,  06.] 

BY  HIS  EXCELLENCY 

The  Right  Honorable  JOHN  Earl  of  DUNMORE  Captain  General  and  Governor  in  Chief  in 
(L.  s.)    and  over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America, 
Chancellor  and  Vice  Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the  Advice  of  his 
Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  seventh  day  of  August 
now  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  third  day  of  July  one  thousand  seven  hundred  and  seventy  one,  in  the 
eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  third  by  the 
Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

DUNMORE. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1771.]  William  Tryon,  Esq  :  Governor.  1797 

[  N.  Y.  Col.  MSB.,  XCVII.,  69.] 

BY  HIS  EXCELLENCY 

"WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  seventh  day  of 
August  next  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do  by  and  with  the 
Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  fourth 
day  of  September  now  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  July  one  thousand  seven  hundred  and  seventy  one, 
in  the  eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  third 
by  the  Grace  ot  God  of  Great  Britain  France  and  Ireland  King  Defender  of 
the  Faith  and  so  forth. 

WM  TRYON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  SScry. 

God  save  the  KING. 


IN.  T.  Col.  1TS3.,  XCVII.,  82. 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  the  fourth  day  of 
September  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the 
Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  second 
day  of  October  now  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  eighth  day  of  August  one  thousand  seven  hundred  and  seventy  one, 
in  the  eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

WM  TRYON. 

By  his  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1798  Journal  of  the  Legislative  Council  of  New  York.  ["&' 

IN.  Y.  Col.  MSS.,  XCVII.,  97.] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  second  day  of 
October  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the 
Advice  of  his  Majesty's  Council  farther  prorogue  the  said  General  Assembly  until  the  sixth  day 
of  November  now  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  thirtieth  day  of  September  one  thousand  seven  hundred  and  seventy  one, 
in  the  eleventh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  third 
by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of 
the  Faith  and  so  forth 

WM  TRYON. 
By  his  Excellency's  Command 

Gw  BANYAK  D  SScnj 

God  save  the  KING. 


[N.Y.  Col.  MSS.,  XCVII.,  127.) 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  the  sixth  day  of 
November  Instant,  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  fourth 
day  of  December  now  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  fifth  day  of  November  one  thousand  seven  hundred  and  seventy  one,  in 
the  twelfth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  third  by  the 
Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

WM  TRYON. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1772.]  William  Tryon,  Esq:  Governor.  1799 


[N.  T.  Col.  MSS.,  XCVII.,  138.1 

BY  His  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Govermr  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  fourth  day  of 
December  Instant  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  Seventh 
day  of  January  now  next  ensuing  then  to  meet  to  proceed  upon  Business  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  second  day  of  December  one  thousand  seven  hundred  and  seventy  one,  in 
the  twelfth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 
Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

WM  TRYON. 
By  His  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


THIRTY-FIRST  ASSEMBLY    FOURTH  SESSION. 


At  a  Session  of  the  Council  and  General  Assembly  of  the  Province  of  New  York, 
begun  and  holden  at  the  City  Hall  in  the  City  of  New  York  on  Tuesday  the  seventh 
day  of  January,  in  the  Twelfth  year  of  the  Reign  of  our  Sovereign  Lord  George 
the  Third  hy  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth,  and  in  the  year  of  our  Lord  One  thousand  seven  hundred 
and  seventy  two. 

His  Excellency  the  R'  Honoble  John  Earl  of  Dunmore  Captain  General  and  Governor  in  Chief 
of  this  Province,  having  on  the  fourth  day  of  March  last  prorogued  the  General  Assembly  by 
Proclamation  to  the  eleventh  of  the  same  month,  was  afterwards  pleased  by  divers  other 
Proclamations  to  prorogue  them  as  follows  to  witt.  On  the  eleventh  day  of  March  to  the 
eighteenth.  On  the  eighteenth  to  the  twenty  fifth.  On  the  twenty  fifth  of  March  to  the 
first  day  of  April.  On  the  first  of  April  to  the  tenth.  On  the  tenth  to  the  seventeenth.  On 
the  fifteenth  to  the  twenty  fourth.  On  the  twenty  second  day  of  April  to  the  first  day  of  May. 
On  the  first  day  of  May  to  the  sixth  day  of  June.  On  the  twenty  ninth  day  of  May  to  the  third 
day  of  July,  and  on  the  the  third  day  of  July  to  the  seventh  day  of  August.  And  his  Excellency 
William  Tryon  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province  of 
New  York  and  the  Territories  depending  thereon  in  America,  having  on  the  ninth  day  of  July 
published  his  Majesty's  Commission  as  such  he  was  pleased  by  sundry  Proclamations  farther  to 
prorogue  the  General  Assembly  on  and  to  the  days  following,  that  is  to  say.  On  the  twenty 
ninth  day  of  July  to  the  fourth  day  of  September.  On  the  twenty  eighth  day  of  August  to  the 
second  day  of  October.  On  the  thirtieth  day  of  September  to  the  sixth  day  of  November.  On 


1800 


Journal  of  the  Legislative  Council  of  New  York.  [3$>  s  ".'"' 


thP  fifth  dav  of  November  to  the  fourth  day  of  December  and  on  the  second  day  of  December 
S  the  seventh  day  of  January  one  thousand  seven  hundred  and  seventy  two  then  to  meet  to 
proceed  upon  Business. 

The  Council  met  accordingly. 

PRESENT—  The  HonMi  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

CHAKLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  eighth  day  of  January,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honm  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  William  Tryon  Esquire  Captain  General  and  Governor  in  Chief  in  and  over 
the  Province  of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor  and 
Vice  Admiral  of  the  same  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 
the  immediate  attendance  of  that  House  in  the  Council  Chamber,  and 

The  General  Assembly  attending  accordingly 

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

His  Excellency  the  Governor  as  also  the  General  Assembly  having  left  the  Council  Chamber 

The  Speaker  resumed  the  Chair. 

Ordered,  that  his  Excellencys  Speech  be  read. 

Then  the  Speech  was  read  and 

Ordered  to  be  entered  in  the  Journals  of  this  House,  and  the  same  is  as  follows 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly 

While  I  reflect  on  the  important  Duties  attendant  on  the  elevated  Station  in  which  it  has 
graciously  pleased  my  royal  Master  to  place  me,  and  that  I  have  the  Honour  to  succeed  the 
noble  Personage  who  so  justly  merited  the  high  Applause  he  received  from  a  grateful  People, 
my  Heart  is  filled  with  every  sensible  Anxiety,  but  when  I  review  the  honorable  and  affectionate 
Addresses  presented  to  me  on  my  arrival,  my  Spirits  are  cheared  with  the  most  pleasing 
expectations ;  That  these  may  be  realized  I  am  now  to  entreat  the  aid  of  your  united  and 
generous  Efforts  in  support  of  an  administration  which  can  be  only  successfull  in  proportion  to 
the  assistance  I  receive  from  you. 

Through  the  extensive  Benificenoe  of  my  Sovereign  unsolicited  and  unexpected  I  appear  in 
the  Rank  I  now  stand  before  you.  Finding  my  own  Health  and  that  of  my  Family  greatly 
impaired  by  a  Southern  Climate,  I  had  requested  and  actually  obtained  the  Kings  leave  to 
return  to  my  native  Country;  soon  after  which  three  weighty  Objects  presented  themselves  to 
my  view.  The  Distractions  of  the  Province  I  was  in,  my  appointment  to  this  Government,  and 
the  Regard  due  to  a  Family  oppressed  with  Sickness :  on  the  one  side  the  support  of  a  People 
Fnends  to  the  Laws,  attached  to  the  Constitution  and  Loyal  to  their  Prince,  was  offered  me  to 


1772.]  William  Tryon,  Esq :  Governor.  1801 

suppress  an  Insurrection  that  had  even  subverted  their  Civil  Liberties ;  On  the  other  my 
Inclination  led  me  to  accept  the  more  friendly  Invitation  to  this  happy  climate  where  I  expected 
to  reap  those  Benefits  which  my  Family  have  since  in  a  great  measure  experienced  in  their 
Health;  Public  Duty  however  prevailing  over  every  other  passionate  Desire,  my  Honour  and  my 
services  I  held  engaged  in  the  Public  Cause  free  from  any  motive  of  Revenge  or  feeling  other 
Resentment  than  what  sprung  from  a  sense  of  my  Country's  Wrongs.  The  Enterprize  was 
siiccessfull  and  the  Event  crowned  with  the  perfect  Restoration  of  good  Order  and  publick 
Peace  to  the  Country  ;  Blessings  under  Providence  effected  by  a  small  Body  of  Officers  and 
men  whose  spirited  conduct  has  made  the  deepest  Impressions  of  Gratitude  on  my  mind.  This 
service  unavoidably  prevented  my  paying  an  earlier  Obedience  to  his  Majesty's  Commands  and 
my  own  wishes  by  repairing  to  this  Government. 

Gentlemen  of  the  General  Assembly, 

Having  nothing  in  Command  immediately  from  his  Majesty  to  communicate,  it  is  my  Duty 
to  point  out  to  you  the  Necessity  of  framing  a  Militia  Bill  upon  such  a  system  as  will  render  it 
most  useful  in  Defence  of  the  Country. 

The  Injuries  of  Time  and  Storms  have  so  defaced  the  Fortifications  of  this  City  that  they 
require  a  thorough  Repair  as  soon  as  the  season  will  admit ;  I  am  therefore  to  recommend  to 
you  to  provide  as  well  for  this  essential  Work,  as  the  supplies  for  his  Majestys  Troops  and  the 
support  of  Government. 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly, 

It  is  from  the  very  favourable  Reception  I  have  met  with  since  my  arrival  that  I  draw  my 
most  assured  Hopes  of  future  Happiness  among  you.  Influenced  only  by  Principles  that  flow 
from  an  honest  Heart,  I  feel  an  ardent  Desire  to  co-operate  with  you  in  every  Measure  that  will 
best  promote  the  Honour  and  Dignity  of  his  Majesty's  Government,  and  advance  the  real 
Felicity  of  a  People  eminently  distinguished  by  their  Loyalty  to  the  best  of  Sovereigns  and 
affectionate  Disposition  to  their  Mother  Country. 

City  of  New  York  W*  TYRON. 

8lh  January  1772. 

Ordered,  that  his  Excellency's  Speech  be  forthwith  printed. 

Mr  Axtell  then  moved  that  an  humble  Address  by  presented  to  his  Excellency  the  Governor 
in  Answer  to  his  Speech,  which  motion  being  seconded  and  agreed  to 

Resolved,  that  an  humble  Address  be  presented  to  his  Excellency  accordingly. 

Ordered,  that  Mr  Wallace  Mr  White  and  Mr  Axtell  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  prepare  and  bring  in  the 
same  by  Monday  next. 

The  Council  adjourned  until  Friday  next  at  11  o  Clock  in  the  Morning. 


Friday,  the  tenth  day  of  January,  1772. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  Honbu  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  until  Monday  Morning  11  o  Clock. 


226 


Journal  of  the  Legislative  Council  of  New  York. 

Monday,  the  thirteenth  day  of  January,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonWe  DANIEL  HOESMANDEN,  Esqr,  Speaker, 

CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Wallace  from  the  Committee  appointed  to  prepare  the  draft  of  an  humble  Address  to  his 
Excellency  the  Governor  in  Answer  to  his  Speech  reported  that  the  Committee  had  prepared 
the  same,  which  he  read  in  his  place,  and  then  delivered  the  Draft  in  at  the  Table  where  the 
same  was  again  read,  and  being  amended,  was  agreed  to  and 

Ordered  to  be  engrossed. 

The  engrossed  Address  to  his  Excellency  the  Governor  was  read. 

Ordered,  that  the  Speaker  sign  the  said  Address  and  the  Speaker  having  signed  the  same 
accordingly. 

Ordered,  that  Mr  Wallace  and  Mr  White  do  wait  on  his  Excellency  the  Governor,  and  desire 
to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  humble  Address. 

The  said  Gentlemen  being  returned  reported  that  they  had  waited  on  his  Excellency  the 
Governor  accordingly  and  that  being  indisposed  at  present  he  had  been  pleased  to  say  he  would 
send  Notice  to  the  House  of  the  Time  he  should  appoint  to  receive  their  Address. 

The  Council  adjourned  till  Wednesday  Morning  next  at  11  o  Clock. 


Wednesday,  the  fifteenth  day  of  January,  1772. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honble  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Mr  Clinton  with  the  Bill  entituled 
[An  Act  further  to  continue  an  Act  intituled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  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  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Col  Woodhull  with  the  Bill 
intituled  [An  Act  for  the  Inspection  of  Sole  Leather  in  the  City  of  New  York]  desiring  the 
Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  rend. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Brinckerhoff  with  the  Bill 
intituled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or 
the  Major  part  of  them,  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred  pounds  for 
the  uses  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  and 

Ordered  a  second  Reading. 


1772.]  William  Tryon,  Esq :  Governor.  1803 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Mr  De  Lancey  with  the  Bill 
intituled  [An  Act  to  revive  and  continue  An  Act  intituled  An  Act  for  the  more  effectual 
prevention  of  Fires  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. 

A  Message  from  the  General  Assembly  by  Cap'  Seaman  and  Mr  De  Noyelles  with  the  Bill 
intituled  [An  Act  to  revive  an  Act  intituled  An  Act  for  the  better  regulating  the  public  Roads 
in  the  City  and  County  of  New  York,  and  to  levy  Money  to  defray  the  Expence  thereof] 
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  till  to  Morrow  12  o  Clock. 


Thursday,  the  sixteenth  day  of  January,  1772. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  HonoMe  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  continue  an  Act  entituled  An  Act  for  granting  to  his  Majesty 
the  several  Duties  [and  Impositions]  on  Goods  Wares  and  Merchandizes  imported  into  this 
Colony  therein  mentioned]  was  Read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  for  the  Inspection  of  Sole  Leather  in  the  City  of  New  York]  was 
read  the  second  time  and 

Ordered  to  be  Commiited. 

The  Bill  entituled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  or  the  major  part  of  them  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred 
pounds  for  the  uses  therein  mentioned]  was  Read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  revive  and  continue  an  Act  entituled  An  Act  for  the  more 
effectual  prevention  of  Fires  in  the  City  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  revive  An  Act  entituled  An  Act  for  the  better  regulating  the 
public  Roads  in  the  City  and  County  of  New  York  and  to  levy  money  to  defray  the  Expense 
thereof]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  ]1  o  Clock. 


Friday,  the  seventeenth  day  of  January,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hon.116   DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  acquainting  this  House  that  his  Excellency  was  ready  to  receive 
the  humble  Address  of  this  House  immediately  at  Fort  George 
The  Speaker  left  the  Chair,  and 


1804  Journal  of the  Legislative  Council  of  New  York.  [3J&  "' 

With  the  House  proceeded  to  Fort  George  to  present  the  humble  Address  of  this  House  to 
his  Excellency  the  Governor,  and  being  returned, 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  House  attended  his  Excellency  the  Governor,  and  presented  to 
him  the  humble  Address  of  this  House,  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  Journals  of  this  House,  which  are 
as  follow 

To  his  Excellency  WILLIAM  TRYON  Esqr  Captain  General  and  Governor  in  Chief  in  and  over 
the  Province  of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor 
and  Vice  Admiral  of  the  same. 

The  humble  ADDRESS  of  the  Council  for  the  province  of  New  York. 

May  it  please  your  Excellency 

We  his  Majesty's  most  dutiful  and  loyal  Subjects  the  Council  for  the  province  of  New  York 
thank  your  Excellency  for  your  Speech,  and  with  the  sincerest  Respect  congratulate  you  on 
your  Appointment  to  the  Command  of  this  Colony. 

The  Readiness  with  which  you  anticipate  our  grateful  Acknowledgments  to  your  noble 
predecessor,  as  an  Instance  of  your  Generosity,  is  an  Ernest  that  the  same  liberal  Spirit,  which 
distinguished  the  Government  of  the  Earl  of  Dunmore,  will  animate  and  influence  your  own. 

Permit  us  in  Justice  to  ourselves,  and  in  Return  for  that  Regard  which  his  Lordship  still 
publicly  professes  for  this  province,  to  join  the  general  Voice  in  celebrating  the  Equity 
Impartiality  and  Disinterestedness  of  his  Administration. 

It  is  nevertheless  with  the  greatest  pleasure  we  Declare,  that  we  have  the  fullest  Confidence 
in  your  Excellency  :  and  that  we  consider  the  Commission  of  the  province  to  your  Care,  as  a 
fresh  proof  of  the  paternal  Affection,  of  which  his  Majesty  has  given  us  ample  and  constant 
Experience :  And  in  proportion  to  the  Honor  you  acquire  from  its  being  the  unsolicited  Act  of 
his  Royal  Wisdom  and  Munificence,  is  the  Satisfaction  it  affords  to  us. 

Sensible  of  the  Necessity  of  Government  for  the  Enjoyment  and  Preservation  of  Freedom, 
we  cannot  withhold  this  Public  Testimony  of  our  Applause,  for  that  Spirited  and  Prudent 
Conduct,  by  which  you  lately  restored  Order  and  the  Blessings  of  Peace  to  a  neighbouring 
Colony,  and  suppressed  an  Insurrection  subversive  of  tha  Civil  Liberties  of  that  Country :  The 
Honour  of  that  Enterprize  is  the  greater  for  the  Risk  to  which  you  exposed  yourself,  and 
crowned  by  the  Consideration  of  your  voluntary  Submission  to  that  important  and  necessary 
Service. 

We  feel  a  singular  Happiness  in  the  Assurance  we  give  your  Excellency,  that  the  loyal  and 
affectionate  Fidelity  of  this  Province,  will  call  your  Attention  to  the  more  agreeable  Office  of 
cultivating  its  Prosperity,  by  the  Acts  of  Policy  and  Peace:  Qualified  and  inclined  as  you  are 
to  support  the  Dignity  of  the  Crown,  and  defend  the  Rights  and  Liberties  of  the  Subject,  we 
entertain  the  most  flattering  hopes  that  the  steady  Pursuit  of  these  great  and  inseparable 
Objects,  will  raise  the  Colony  now  under  your  Direction  to  a  State  of  the  highest  Felicity. 

We  rejoice  with  you  Sir  in  the  Recovery  of  your  own  and  the  Health  of  your  Family: 
and  shall  be  ever  ready  to  contribute  our  Aid  to  your  private  Ease,  the  Honour  and  Success  of 
your  Government,  and  the  Advancement  of  the  true  Interest  of  the  Community. 

By  Order  of  the  Council, 

New  York  13th  January  1772  DAN  HORSMANDEN  Speaker. 

His  EXCELLENCY'S  Answer. 
Gentlemen  : 

I  return  you  my  sincere  Thanks  for  your  Congratulations  on  my  Appointment  to  the 
Command  of  this  Colony. 

The  Liberality  of  your  sentiments  respecting  my  late  Public  Services,  with  the  Assurances 
you  give  me  to  contribute  your  Aid  to  my  private  Ease,  the  Honour  and  Success  of  my 
Administration,  and  the  Advancement  of  the  true  Interest  of  the  Community;  are  Circumstances 
not  less  flattering  than  grateful  to  me  :  Be  assured  the  Assistance  of  your  Abilities,  and 
Friendly  Counsel,  will  not  fail  to  animate  my  Endeavours  for  the  Public  good. 

WM  TRYON. 

Fort  George  New  York  17th  of  Jan"  1772. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  further  to  continue  an  Act  entituled  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein, 


1772.]  William  Tryon,  Esq  :  Governor.  1805 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  Inspection  of  Sole  Leather  in  the  City  of  New  York]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  revive  and  continue  an  Act  entituled  An  Act  for  the  more  effectual  prevention  of  Fires 
in  the  City  of  New  York]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  revive  an  Act  entituled  An  Act  for  the  better  regulating  the  Public  Roads  in  the  City 
and  County  of  New  York,  and  to  levy  Money  to  defray  the  Expence  thereof]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York,  or  the  major  part 
of  them,  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred  pounds  for  the  uses  therein 
mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Saturday,  the  eighteenth  day  of  January,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hon''le  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  further  to  continue  an  Act  entituled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 


Journal  of  the  Legislative  Council  of  New  York.  f^hsS' 

The  Bill  entituled  [An  Act  for  the  Inspection  of  Sole  Leather  in  the  City  of  New  York]  was 
read  the  third  time  and 

On  the  Question  being  put 

Reaolvrd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  to  revive  an  Act  entituled  An  Act  for  the  better  regulating  the 
public  Roads  in  the  City  and  County  of  New  York  and  to  levy  Money  to  defray  the  Expence 
thereof]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

A  Message  from  the  General  Assembly  by  Col  Schuyler  and  M'  Van  Cortlandt  witn  the  Bill 
intituled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of 
Albany  for  the  time  being,  or  the  major  part  of  them,  to  order  the  raising  a  Sum  not  exceeding 
one  hundred  and  fifty  pounds  for  the  Purposes  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  and 

Orkered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Billop  and  Mr  Clinton  with  the  Bill  entituled 
[An  Act  to  prevent  the  use  of  Spirituous  Liquors  at  Vendues  in  the  Counties  of  Ulster  and 
Orange]  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  till  Tuesday  Morning  11  o  Clock. 


Tuesday,  the  twenty  first  day  of  January,  1772. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honbl*  OLIVER  DE  LANCET,  Esquire,  Speaker, 

CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Excellency  the 
Governor  which  being  read  was  ordered  to  be  entered  in  the  Journal  of  this  House  and  is  as 
follows  : 

Gentlemen, 

As  nothing  gives  greater  Credit  to  a  Country  than  Establishments  of  Public  Utility  so  it  is 
not  more  at  the  instance  of  many  of  the  principal  Gentlemen  in  this  Government,  than  in 
Compliance  with  my  own  Inclination,  that  I  request  of  you  to  take  under  your  Care  and 
protection,  an  Institution  planned  by  a  Society  lately  incorporated  for  founding  an  Hospital  in 
this  City  for  the  Reception  of  the  Poor,  debilitated  by  Age,  or  oppressed  with  Infirmities.  The 
many  advantages  arising  to  a  Community  from  a  public  Hospital,  not  to  mention  the  Honour  it 
reflects  on  its  Inhabitants,  are  obvious  to  every  one,  and  will  ever  be  readily  acknowledged  by 
the  Humane  and  Benevolent ;  and  altho'  Infirmaries  and  charitable  Foundations  usually  owe 
their  origin  to  the  Bounty  and  voluntary  Contribution  of  Individuals  yet  being  calculated  to 
guard  against  public  Calamities  and  Distresses,  they  call  for  the  public  Aid  and  Assistance  to 
give  them  Duration  and  Stability.  A  becoming  generosity  in  the  Legislature  of  a  Country  for 
the  charitable  purpose  of  relieving  the  aged,  indigent  and  infirm,  loaded  with  Ills,  which  Nature 
of  itself  is  unable  to  sustain,  is  ever  esteemed  the  strongest  proof  of  National  Virtue.  I  shall 
not  presume  to  prescribe  to  you  either  the  Mode  or  the  Measure  of  your  Liberality.  Your 
knowledge  of  the  police  of  this  Government  will  best  point  out  to  you  the  former ;  Christian 
Benevolence  and  your  own  Feelings  suggest  the  latter. 
Fort  George  New  York  WM  TRYON. 

18th  January  1772. 


1772.]  William  Tryon,  Esq :  Governor.  1807 

The  Bill  entituled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  or  the  Major  Part  of  them  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred 
Pounds  for  the  uses  therein  mentioned]  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  Acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  and  the  Bill  entituled  [An  Act  to  revive  An  Act  entituled  An  Act  for  the  better 
regulating  the  Public  Roads  in  the  City  and  County  of  New  York  and  to  levy  Money  to 
defray  the  expense  thereof]  without  any  Amendment. 

The  Bill  entituled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  time  being  or  the  Major  Part  of  them  to  order  the  raising  a  Sum  not 
exceeding  one  hundred  and  fifty  Pounds  for  the  purposes  therein  mentioned]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  prevent  the  use  of  Spirituous  Liquors  at  Vendues  in  the 
Counties  of  Ulster  and  Orange]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

A  Message  from  the  General  Assembly  by  Col  Philipse  and  Col  Schuyler  with  the  Bill 
entituled  [An  Act  to  regulate  the  sale  of  Goods  at  Public  Vendue  Auction  or  Outcry  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. 

A  Message  from  the  General  Assembly  by  Cap'  De  Lancey  and  Mr  Ten  Broeck  with  the  Bill 
entituled  [An  Act  to  amend  An  Act  entituled  An  Act  for  the  better  determination  of  Personal 
Actions  depending  upon  Accounts]  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  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  twenty  second  day  of  January,  1772. 

The  Council  met  according  to  adjournment. 
PRESENT  —  The  Hon116  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

Joim  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  the  Governor  having  required  the  attendance  of  this  House  in  the  Council 
Chamber  in  Fort  George, 


1808  Journal  of  the  Legislative  Council  of  New  York.  ["Sffi- 

The  Speaker  left  the  Chair,  and  with  the  Council  proceeded  thither  accordingly,  where  being 
met  His  Excellency  came  to  the  Council  Chamber  and  sent  a  Message  by  the  Deputy  Secretary 
requiring  the  immediate  Attendance  of  the  General  Assembly. 

The  General  Assembly  attending  accordingly,  . 

His  Excellency  the  Governor  in  presence  of  both  Houses  was  pleased  to  give  his  assent  to 
four  Bills,  the  Titles  whereof  are  as  follow  viz' 

An  Act  further  to  continue  An  Act  intituled  "An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned" 

An  Act  for  the  Inspection  of  Sole  Leather  in  the  City  of  New  York. 

An  Act  to  revive  An  Act  intituled  "An  Act  for  the  better  regulating  the  public  Roads  in  the 
City  and  County  of  New  York,  and  to  levy  Money  to  defray  the  Expences  thereof. 

An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the 
Maior  part  of  them  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred  Pounds  for  the 
uses  therein  mentioned. 

The  Speaker  with  the  Council  being  returned  to  the  Council  Chamber  in  the  City  Hall, 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  twenty  third  day  of  January,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hon™  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Smith  moved  that  a  Bill  which  he  had  in  his  Hand  intituled  [An  Act  for  the  more  effectual 
Registry  of  Mortgages  and  for  securing  the  Purchasers  of  mortgaged  Estates]  might  be  read. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  entituled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  Time  being  or  the  Major  part  of  them  to  order  the  raising  a  Sum  not 
exceeding  one  hundred  and  fifty  pounds  for  the  purposes  therein  mentioned]  was  read  the  third 
time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  prevent  the  use  of  Spirituous  Liquors  at  Vendues  in  the 
Counties  of  Ulster  and  Orange]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  regulate  the  Sale  of  Goods  at  Public  Vendue,  Auction  or 
Outcry  within  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  amend  An  Act  entituled  "  An  Act  for  the  better  determination 
of  Personal  Actions  depending  upon  Accounts]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  for  confirming  to  Zebulon  Williams  second  son  of  Temperance  the  Daughter  of  John 
Williams  late  of  Jericho  in  the  Bounds  of  Oyster  Bay  in  Queens  County  in  the  Province  of 
New  York  Yeoman  deceased  and  to  Robert  Williams  second  Son  of  Hannah  another  Daughter 
of  the  said  John  Williams  who  were  heretofore  respectively  called  Zebulon  Seaman  and  Robert 
Seaman  the  Sirname  of  Williams  which  they  have  lately  respectively  assumed  conformable  to 
the  last  Will  and  Testament  of  the  said  John  Williams  devising  to  them  certain  Lands  in  the 
Township  of  Oyster  Bay  in  the  Parish  of  Hempstead]  desiring  the  concurrence  of  the  Council 
thereto. 

Ordered,  that  the  aaid  Bill  be  read. 


1772.]  William  Tryon,  Esq  :  Governor.  1809 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Ten  Eyck  with  the  Bill  entituled 
[An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony  from  the 
first  day  of  February  one  thousand  seven  hundred  and  seventy  two  to  the  first  day  of  February 
one  thousand  seven  hundred  and  seventy  three  inclusive]  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  till  to  Morrow  Morning  11  o  Clock. 


Friday,  tlie  twenty  fourth  day  of  January,  1772. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honl!e  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  it-self  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  regulate  the  sale  of  Goods  at  Public  Vendue  Auction  or  Outcry  within  this  Colony] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  for  confirming  to  Zebulon  Williams  second  Son  of  Temperance 
the  Daughter  of  John  Williams  lato  of  Jericho  in  the  Bounds  of  Oyster  Bay  in  Queens  County 
in  the  Province  of  New  York  Yeoman  deceased  and  to  Robert  Williams  second  Son  of  Hannah 
another  Daughter  of  the  said  John  Williams  who  were  heretofore  respectively  called  Zebulon 
Seaman  and  Robert  Seaman  the  Surname  of  Williams  which  they  have  lately  respectively 
assumed  conformable  to  the  last  Will  and  Testament  of  the  said  John  Williams  devising  to 
them  certain  Lands  in  the  Township  of  Oyster  Bay  in  the  Parish  of  Hempstead]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Cnmmitee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  Day  of  February  one  thousand  seven  hundred  and  seventy  two  to  the 
first  Day  of  February  one  thousand  seven  hundred  and  seventy  three  inclusive]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading. 

227 


Journal  of  the  Legislative  Council  of  New  York.  [401  BOM™' 

Mr  Banyar  Deputy  Secretary  brought  to  the  House  a  Message  from  his  Excellency  the 
Governor  which  being  read  was 

Ordered,  to  be  entered  in  the  Journal  of  this  House  and  is  as  follows 

Gentlemen 

By  an  Extract  of  the  King's  Instructions  to  me  herewith  transmitted,  you  will  see  I  am 
required  and  directed  to  apply  to  you  to  Pass  a  Law  for  collecting  a  Powder  Duty :  and  upon 
enquiring  into  the  State  and  Condition  of  the  Ammunition  for  the  Defence  of  this  Province,  I 
find  there  are  but  few  Barrels  remaining  for  the  Public  Service :  I  am  therefore  to  recommend 
to  you  to  frame  such  a  Law  as  will  correspond  with  his  Majesty's  Wishes,  and  be  most  effectual 
in  furnishing  a  constant  and  regular  Supply  of  Ammunition. 

Fort  George  New  York  24th  January  1772.  WM  TRYON. 

The  Council  adjourned  till  Tuesday  next  at  11  o  Clock  in  the  Morning. 

Tuesday  the  twenty  eighth  day  of  January,  1772. 
The  Council  met  according  to  Adjournment. 

PEESENT — The  Hon^  DANIEL  HOESMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVEE  DE  LANCET, 
ROGEE  MOEEIS, 
WILLIAM  SMITH, 
HENEY  CEUGEE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  regulate  the  Sale  of  Goods  at  Public  Vendue  Auction  or  Outcry 
within  this  Colony]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  for  confirming  to  Zebulon  Williams  second  Son  of  Temperance 
the  Daughter  of  John  Williams  late  of  Jericho  in  the  Bounds  of  Oyster  Bay  in  Queens  County 
in  the  Province  of  New  York  Yeoman  deceased  and  to  Robert  Williams  second  son  of  Hannah 
another  Daughter  of  the  said  John  Williams  who  were  heretofore  respectively  called  Zebulon 
Seaman  and  Robert  Seaman,  the  Sirname  of  Williams  which  they  have  lately  respectively 
assumed  conformable  to  the  last  Will  and  Testament  of  the  said  John  Williams  devising  to 
them  certain  lands  in  the  Township  of  Oyster  Bay  in  the  parish  of  Hempstead]  was  read  the 
third  time  and 

On  the  Question  being  put 

Resolved  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in 
this  Colony  from  the  first  Day  of  February  one  thousand  seven  hundred  and  seventy  two  to  the 
first  Day  of  February  one  thousand  seven  hundred  and  seventy  three  inclusive]  was  read  the 
third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Colonel  Ten  Broeck  with  the  Bill 
entituled  [An  Act  to  lay  a  Duty  of  Tonnage  on  Vessells  for  defraying  the  Expence  of  the  Light 
House  at  Sandy  Hook]  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  Bill  entituled  [An  Act  for  the  more  effectual  Registry  of  Mortgages  and  for  securing  the 
purchasers  of  Mortgaged  Estates]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  Thursday  Morning  11  o  Clock. 


1772.J  William  Try  on,  Esq:  Governor.  1811 

Thursday  tlie  thirtieth  day  of  January,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hon*1'  JOHN  WATTS,  Esquire,  Speaker, 

ROGER  MORRIS, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Van  Cortlandt  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  Lycense]  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. 

A  Message  from  the  General  Assembly  by  Colonel  Schuyler  and  Mr  Kissam  with  the  Bill 
entituled  [An  Act  to  extend  An  Act  entituled  "An  Act  for  the  better  Regulation  of  the  Public 
Inns  and  Taverns  in  the  Counties  of  Ulster  and  Orange,  to  the  City  and  County  of  Albany] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Rapalje  with  the  Bill  entituled 
[An  Act  to  revive  An  Act  entituled  An  Act  to  prevent  Frauds  in  Bar  Iron  exposed  to  sale  in 
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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Colonel  Ten  Broeck  with  the  Bill 
entituled  [An  Act  for  the  better  preventing  frivolous  and  vexatious  suits]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Woodhul  with  the  Bill  entituled 
[An  Act  the  better  to  ascertain  the  Quality  of  Pot  and  Pearl  Ashes]  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  Bill  entituled  [An  Act  to  lay  a  duty  of  Tonage  on  Vessells  for  defraying  the  expence  of 
the  Light  House  at  Sandy  Hook]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  thirty  first  day  of  January,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honb!e  JOHN  WATTS,  Esquire,  Speaker, 

CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  entituled  [An 
Act  to  lay  a  Duty  of  Toneage  on  Vessels  for  defraying  the  Expence  of  the  Light  House  at 
Sandy  Hook]  and  after  some  time  spent  therein, 


1812  Journal  of  the  Legislative  Council  of  New  York. 

The  Sneaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  ot. 

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. 

The  Bill  entituled  [An  Act  further  to  continue  An  Act  entituled  An  Act  to  restrain  Hawkers 
and  Pedlars  within  this  Colony  from  selling  without  Licence]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  Reading. 

The  Bill  entituled  [An  Act  to  extend  An  Act  entituled  An  Act  for  the  better  regulation  of 
the  Public  Inns  and  Taverns  in  the  Counties  of  Ulster  and  Orange,  to  the  City  and  County 
of  Albany,  with  an  addition  thereto]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  revive  An  Act  entituled  An  Act  to  prevent  Frauds  in  Bar 
Iron  exposed  to  Sale  in  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered,  'a  third  Reading. 

The  Bill  entitled  [An  Act  for  the  better  preventing  frivolous  and  vexatious  Suits]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
hae  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entitled  [An  Act  the  better  to  ascertain  the  Quality  of  Pot  and  Pearl  Ashes]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

Ordered,  that  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  Bill  entituled  [An  Act  for  collecting  the  Duty  of  Excise  on  strong  Liquors  retailed  in  this 
Colony  from  the  first  day  of  February  one  thousand  seven  hundred  and  seventy  two,  to  the  first 
day  of  February  one  thousand  seven  hundred  and  seventy  three  Inclusive]  and  the  Bill  entituled 
[An  Act  to  lay  a  Duty  of  Tonage  on  Vessels  for  defraying  the  Expence  of  the  Light  House  at 
bandy  Hook]  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 


1772.]  William  Tryon,  Esq. :  Governor.  1813 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
for  the  more  effectual  Registry  of  mortgages,  and  for  securing  the  Purchasers  of  mortgaged 
Estates]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  in  his  place  Reported  that  the  Committee 
had  pone  through  the  said  Bill  made  several  Amendments  thereto  which  he  read  in  his  place 
and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table  where  the  same  being  again 
read  and  agreed  to 

Ordered,  that  the  Bill  with  the  Amendments  be  engrossed. 

The  Council  adjourned  till  Tuesday  Morning  11  o  Clock. 


Tuesday,  the  fourth  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Ho?iMe  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  further  to  continue  an  Act  enlituled  An  Act  to  restrain  Hawkers 
and  Pedlars  within  this  Colony  from  selling  without  Lycense]  was  read  the  third  time  and 

On  the  Question  being  put 

Reso/i-cd,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  extend  an  Act  entitled  "An  Act  for  the  better  Regulation  of 
the  public  Inns  and  Taverns  in  the  Counties  of  Ulster  and  Orange;"  to  the  City  and  County 
of  Albany,  with  an  addition  thereto]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  two  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  to  revive  an  Act  entituled  An  Act  to  prevent  Frauds  in  Bar  Iron 
exposed  to  Sale  in  this  Colony]  was  read  the  third  time,  and 

On  the  Question  being  put 

Rcsohcd,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  for  the  better  preventing  frivolous  and  vexatious  Suits]  was  read 
the  third  time,  and 

On  the  Question  being  put 

Rcsohfd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Colonel  Philipse  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  to  enable  the  Justices,  Church  Wardens  and  Vestry  of  the  Parish  of  Westchester  in 
the  County  of  Westchester  to  raise  a  Sum  not  exceeding  five  hundred  Pounds  for  the  purposes 
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  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Mr  Gale_with  the  Bill 
entituled  [An  Act  to  prevent  infectious  Distempers  in  the  Counties  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  and 

Ordered  a  second  Reading. 

The  Council  adjourned  until  Thursday  Morning  11  o  Clock. 


Journal  of  the  Legislative  Council  of  New  York. 

Thursday,  the  sixth  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 
PRESENT  —  The  Honm  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

CHARLES  WARD  APTHORPE, 

ROGER  MORRIS, 

HENRY  CRUGER, 

HUGH  WALLACE, 

WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  to  enable  the  Justices,  Church  Wardens  and  Vestry  of  the  parish 
of  Westchester  in  the  County  of  Westchester  to  raise  a  sum  not  exceeding  five  hundred 
Pounds  for  the  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  prevent  infectious  Distempers  in  the  Counties  therein  mentioned] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday  the  seventh  day  of  February,  1772. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honbu  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esqr*. 

The  Speaker  assumed  the  Chair. 

The  engrossed  Bill  entituled  [An  Act  for  the  more  effectual  Registry  of  Mortgages  and  for 
securing  the  Purchasers  of  Mortgaged  Estates]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Axtell  do  carry  the  said  Bill  to  the  General  Assembly  and  desire  their 
Concurrence  thereto. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
to  enable  the  Justices,  Church  wardens  and  Vestry  of  the  Parish  of  Westchester  in  the  County 
of  Westchester  to  raise  a  Sum  not  exceeding  Five  hundred  Pounds  lor  the  purposes  therein 
mentioned]  and  after  some  time  spent  therein, 

The  Spt-aker  resumed  the  Chair  and 

Mr  White  from  the  Committee  of  the  whole  House  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  &  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. 

The  Council  adjourned  till  Wednesday  next  at  11  o  Clock  in  the  Morning. 


1772.]  William  Tryon,  Esq:  Governor.  1815 

Wednesday,  the  twelfth  day  of  February,  1772. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  HonM'  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 

Thursday,  the  thirteenth  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hon11'  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRT  CRUGER, 
-^  HUGH  WALLACE, 

HENRT  WHITE, 
WILLIAM  AXTELL,  Esqri. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  revive  and  continue  an  Act  entituled  [An  Act  for  the  more 
effectual  prevention  of  Fires  in  the  City  of  New  York]  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pa?s. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill,  and  the  Bill  entituled  [An  Act  to  enable  the  Justices,  Church  Wardens  and  Vestry 
of  the  Parish  of  West  Chester  in  the  County  of  West  Chester  to  raise  a  sum  not  exceeding  five 
hundred  Pounds  for  the  Purposes  therein  mentioned]  without  any  amendment. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Billopp  with  the  Bill  entituled 
[An  Act  to  confirm  certain  Acts  and  Orders  made  by  Justices  of  the  Peace  being  of  the  Quorum 
notwithstanding  any  Defect  in  not  expressing  therein  that  such  Justices  of  the  Peace  are  of  the 
Quorum]  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. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Mr  Boerum  with  the  Bill 
entituled  [An  Act  to  revive  and  continue  An  Act  entituled  An  Act  for  laying  out  regulating 
and  keeping  in  repair  common  and  public  Highways  in  the  County  of  Cumberland]  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. 

A  Message  from  the  General  Assembly  by  Col  Philipse  aud  Mr  Wilkins  with  the  Bill 
entituled  [An  Act  for  making  a  further  provision  of  two  thousand  Pounds  for  furnishing  his 
Majesty's  Troops  quartered  in  this  Colony  with  Necessaries  for  one  year]  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. 

Mr  Watts  moved  that  a  Bill  which  he  held  in  his  hand  entituled  [An  Act  to  prevert  the 
Danger  and  punish  the  pernicious  Practice  of  lodging  Gunpowder  in  dwelling  Houses  or  Stores 
within  the  City  of  New  York  or  on  board  of  Vessels  within  the  Harbour.] 

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  to  Morrow  Morning  11  o  Clock. 


Journal  of  the  Legislative  Council  of  New  York. 

Friday,  the  fourteenth  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT— The  HonUe  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esqrf. 

The  Speaker  assumed  the  Chair. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  an  Act  entituled   An  Act  for  the   better  Determination  of  personal  Actions 
depending  upon  Accounts]  and  after  some  time  spent  therein, 
The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 
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. 

The  Bill  entituled  [An  Act  for  making  a  further  Provision  of  Two  thousand  Pounds  for 
furnishing  his  Majesty's  Troops  quartered  in  this  Colony  with  Necessaries  for  one  year]  was 
read  the  second  time  and 
Ordered  to  be  committed. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading. 

The  Bill  entitled  [An  Act  to  confirm  certain  Acts  and   Orders  made  by  Justices  of   the 
Peace  being  of  the  Quorum,  notwithstanding  any  Defect  in  not  expressing  therein  that  such 
Justices  of  the  peace  ore  of  the  Quorum]  was  read  the  second  time  and 
Ordered  to  be  committed. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  to  revive  and  continue  An  Act  entituled  An  Act  for  laying  out 
regulating  and  keeping  in  repair  common  and  publick  Highways  in  the  County  of  Cumberland] 
was  read  the  second  time  and 
Ordered  to  be  committed. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 
Ordered  a  third  reading. 

A  Message  from  the  General  Assembly  by  Colonel  Woodhull  and  Mr  Van  Kleeck  with  the 
Bill  entituled  [An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York]  desiring  the 
concurrence  of  the  Council  thereto. 


1772.]  William  Tryon,  Esq:  Governor.  1817 

Ordered,  that  the  said  Bill  bo  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  entituled  [An  Act  to  prevent  the  Danger  and  punish  the  pernicious  Practice  of 
lodging  Gun  Powder  in  dwelling  Houses  and  Stores  within  the  City  of  New  York  or  on  board 
of  Vessels  within  the  Harbour]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  altered  the  Title  and  made  several  amendments  to  the  Bill  which 
he  read  in  his  place  and  then  delivered  the  Bill  with  the  amendments  in  at  the  Table,  where 
the  same  being  read  and  agreed  to 

Ordered,  that  the  Bill  with  the  amendments  be  engrossed. 

The  Council  adjourned  until  Tuesday  morning  11  o  clock. 


Tuesday,  the  eighteenth  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honlle  DANIEL  HORSJIANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  engrossed  Bill  entituled  [An  Act  to  prevent  the  Danger  arising  from  the  pernicious 
Practice  of  lodging  Gun  Powder  in  Dwelling  Houses,  Stores  or  other  places  within  the  City  of 
New  York  or  on  board  of  Vessels  within  the  Harbour]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  carry  the  Bill  to  the  General  Assembly  and  desire  their 
concurrence  thereto. 

The  Bill  entituled  [An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York]  was  read 
the  second  time  and 

Ordered  to  bo  committed. 

A  Message  from  the  General  Assembly  by  Colonel  Woodhull  and  Mr  Thomas  with  the  Bill 
entituled  [An  Act  to  amend  An  Act  entituled  An  Act  for  returning  Neat  Cattle  and  Sheep  to 
their  Owners  so  far  as  it  relates  to  Suffolk,  Queens  and  West  Chester  Counties]  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  rending. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Mr  De  Witt  with  the  Bill 
entituled  [An  Act  for  the  better  laying  out,  regulating  and  keeping  in  repair  common  and 
publick  Highways  in  Richmond  County,  and  for  suspending  the  two  Acts  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  and 
Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  for  regulating  of  Inns  and    Taverns  in  the  County  of  Cumberland]    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. 

A  Message  from  the  General  Assembly  by  Mr  Wilkins  and  Mp  Rapalje  with  the  Bill  entituled 
[An  Act  to  extend  to  the  County  of  West  Chester  An  Act  entituled  "An  Act  to  appoint 
Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork  in  the  several  Counties  therein  mentioned] 
desiring  the  concurrence  of  the  Council  thereto. 

228 


Journal  of  the  Legislative  Council  of  New  York.  [slit  s 


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  to  morrow  morning  11  o  clock. 


Wednesday,  the  nineteenth  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT —  TkcHonm  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  making  a  further  provision  of  two  thousand  pounds  for 
furnishing  his  Majesty's  Troops  quartered  in  this  Colony  with  necessaries  for  one  year]  was  read 
the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  confirm  certain  Acts  and  Orders  made  by  Justices  of  the  Peace 
being  of  the  Quorum  notwithstanding  any  Defect  in  not  expressing  therein  that  such  Justices 
of  the  Peace  are  of  the  Quorum]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  abovementioned  Bills  without  any  amendment. 

The  Bill  entituled  [An  Act  to  revive  and  continue  an  Act  entituled  An  Act  for  laying  out 
regulating  and  keeping  in  Repair  common  and  public  Highways  in  the  County  of  Cumberland] 
was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  amend  an  Act  entituled  An  Act  for  returning  neat  Cattle  and 
Sheep  to  their  Owners,  so  far  as  it  relates  to  Suffolk  Queens  and  Westchester  Counties]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  common 
and  public  Highways  in  Richmond  County  and  for  suspending  the  two  Acts  therein  mentioned] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  for  regulating  of  Inns  and  Taverns  in  the  County  of  Cumberland] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  extend  to  the  County  of  Westchester  an  Act  entituled  An  Act 
to  appoint  Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork  in  the  several  Counties  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


1772.]  William  Tryon,  Esq :  Governor.  1819 

Thursday,  the  twentieth  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honilc  DANIEL  HORSJIANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  an  Act  entituled  An  Act  for  returning  Neat  Cattle  and  Sheep  to  their  Owners,  so 
far  as  it  relates  to  Suffolk,  Queens  and  Westchester  Counties]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  and  the  Bill  entituled  An  Act  to  revive  and  continue  An  Act  intituled  An  Act  for 
laying  out  regulating  and  keeping  in  Repair  common  and  public  Highways  in  the  County  of 
Cumberland]  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  for  the  better  laying  out  regulating  and  keeping  in  repair  common  and  public  Highways  in 
Richmond  County,  and  for  suspending  the  two  Acts  therein  mentioned]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  regulating  of  Inns  and  Taverns  in  the  County  of  Cumberland]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Axtell  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  extend  to  the  County  of  Westchester  an  Act  entituled  An  Act  to  appoint  Inspectors  of 
Flour  and  Repackers  of  Beef  and  Pork  in  the  several  Counties  therein  mentioned]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 


1820  Journal  of  the  Legislative  Council  of  New  York.  [3 


th 


Mr  Cruder  from  the  Committee  of  the  whole  House  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. 

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. 

A  Message  from  the  General  Assembly  by  Col  Woodhull  and  Mr  Ten  Eyck  with  the  Bill 
entituled  [An  Act  to  prevent  the  Destruction  of  Fish  in  the  County  of  Suffolk]  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  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twenty  first  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honl>e  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
EOGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esqr>. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  prevent  the  Destruction  of  Fish  in  the  County  of  Suffolk]  was 
read  the  second  time  and 

Onlcred  to  be  committed. 

A  Message  from  the  General  Assembly  by  Col.  Schuyler  and  Mr  Gale  with  the  Bill  entituled 
[An  Act  to  divide  the  County  of  Albany  into  three  Counties]  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  till  to  Morrow  Morning  Ho  Clock. 


Saturday,  the  twenty  second  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honu*  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

EOGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  until  Tuesday  next  at  11  o  Clock  in  the  morning. 


1772.]  William  Try  on,  Esq  :  Governor.  1821 

Tuesday,  the  twenty  fifth  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  IIonble  ROGEU  MORRIS,  Esquire,  Speaker, 

WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  divide  the  County  of  Albany  into  three  Counties]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Walton  with  the  Bill 
entituled  [An  Act  for  defraying  a  Moiety  of  the  Expences  accrued  on  setting  the  contested 
Boundaries  between  the  patented  Lauds  commonly  called  Cheesecocks  and  Kakiate]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Colonel  Philipse  with  the  Bill 
entituled  [An  Act  to  revive  and  continue  an  Act  entituled  An  Act  for  raising  and  collecting 
the  arrears  of  Taxes  due  to  this  Colony  from  the  City  and  County  of  New  York;  with  some 
Additions  thereto]  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. 

A  Message  from  the  General  Assembly  by  Mr  Van  Kleeck  and  Mr  Billop  with  the  Bill  entituled 
[An  Act  to  enable  any  one  of  the  Coroners  for  the  different  Counties  within  this  Colony  to 
make  return  to  Process]  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  till  to  Morrow  Morning  Ho  Clock. 


Wednesday,  the  twenty  sixth  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hon1'16  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  defraying  a  Moiety  of  the  Expences  accrued  on  selling  the 
contested  Boundaries  between  the  patented  Lands  commonly  called  Cheesecocks  and  Kakiate] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  revive  and  continue  an  Act  entituled  An  Act  for  raising  and 
collecting  the  Arrears  of  Taxes  due  to  this  Colony  from  the  City  and  County  of  New  York ; 
with  some  Additions  thereto]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  enable  any  one  of  the  Coroners  for  the  different  Counties 
within  this  Colony  to  make  Return  to  Process]  was  read  the  second  time  and 

Ordered  to  be  committed. 

Ordered,  that  Mr  Watts  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
Bill  entituled  [An  Act  to  extend  to  the  County  of  Westchester  An  Act  entituled  An  Act  to 
appoint  Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork  in  the  several  Counties  therein 
mentioned]  without  any  Amendment. 


1822  Journal  of  the  Legislative  Council  of  New  York.  [slti  sS™' 

His  Excellency  William  Tryon  Esqr  Captain  General  and  Governor  in  Chief  in  and  over  the 
province  of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor  and  Vice 
Admiral  of  the  same,  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 
the  immediate  attendance  of  that  House. 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  the  Council  and  General  Assembly  was 
pleased  to  give  his  assent  to  Nineteen  Bills  the  Titles  whereof  are  as  follow  viz' 

An  Act  for  making  a  further  provision  of  two  thousand  pounds  for  furnishing  his  Majesty's 
Troops  Quartered  in  this  Colony  with  Necessaries  for  one  year. 

An  Act  for  collecting  the  Duty  of  Excise  on  Strong  Liquors  retailed  in  this  Colony,  from  the 
first  day  of  February  one  thousand  seven  hundred  and  seventy  two,  to  the  first  day  of  February 
one  thousand  seven  hundred  and  seventy  three  inclusive. 

An  Act  to  lay  a  Duty  of  Tonnage  on  Vessels  for  defraying  the  Expence  of  the  Light  House 
at  Sandy  Hook. 

An  Act  to  regulate  the  Sale  of  Goods  at  public  Vendue  Auction  or  Out-cry  within  this  Colony 

An  Act  for  the  better  preventing  frivolous  and  vexatious  Suits. 

An  Act  to  confirm  certain  Acts  and  Orders  made  by  Justices  of  the  peace  being  of  the 
Quorum  notwithstanding  any  Defect  in  not  expressing  therein  that  such  Justices  of  the  peace 
are  of  the  Quorum. 

An  Act  to  revive  an  Act  entituled  An  Act  to  prevent  Frauds  in  Bar  Iron  exposed  to  Sale  in 
this  Colony. 

An  Act  further  to  continue  an  Act  entituled  An  Act  to  restrain  Hawkers  and  pedlars  within 
this  Colony  from  selling  without  Licence. 

An  Act  to  amend  an  Act  entituled  An  Act  for  the  better  determination  of  personal  Actions 
depending  upon  accounts. 

An  Act  to  revive  and  continue  an  Act  entituled  An  Act  for  the  more  effectual  prevention  of 
Fires  in  the  City  of  New  York. 

An  Act  to  enable  the  Mayor  Kecorder  Aldermen  and  Commonalty  of  the  City  of  Albany  for 
the  time  being,  or  the  major  part  of  them,  to  order  the  raising  a  Sum  not  exceeding  one 
hundred  and  fifty  pounds  for  the  purposes  therein  mentioned. 

An  Act  to  extend  to  the  County  of  Westchester,  an  Act  entituled  An  Act  to  appoint 
Inspectors  of  Flour  and  Repackers  of  Beef  and  Pork  in  the  several  Counties  therein  mentioned 

An  Act  to  enable  the  Justices,  Church  Wardens  and  Vestry  of  the  Parish  of  Westchester  in 
the  County  of  Westchester  to  raise  a  Sum  not  exceeding  five  hundred  Pounds  for  the  purposes 
therein  mentioned. 

An  Act  to  extend  an  Act  entituled  An  Act  for  the  better  regulation  of  the  Public  Inns  and 
Taverns  in  the  Counties  of  Ulster  and  Orange  ;  to  the  City  and  County  of  Albany  with  an 
addition  thereto. 

An  Act  to  amend  An  Act  entituled  An  Act  for  returning  Neat  Cattle  and  Sheep  to  their 
Owners  so  far  as  it  relates  to  Suffolk,  Queens  and  Westchester  Counties. 

An  Act  to  prevent  the  use  of  Spirituous  Liquors  at  Vendues  in  the  Counties  of  Ulster  and 
Orange. 

An  Act  to  revive  and  continue  an  Act  entituled  An  Act  for  laying  out  regulating  and  keeping 
in  repair  common  and  public  Highways  in  the  County  of  Cumberland. 

An  Act  for  regulating  of  Inns  and  Taverns  in  the  County  of  Cumberland. 

An  Act  for  confirming  to  Zebulon  Williams  second  Son  of  Temperance  the  Daughter  of  John 
Williams  late  of  Jericho  in  the  Bounds  of  Oyster  Bay  in  Queens  County,  in  the  Province  of 
New  York  Yeoman  deceased  ;  and  to  Robert  Williams  second  Son  of  Hannah  another  Daughter 
of  the  said  John  Williams  who  were  heretofore  respectively  called  Zebulon  Seaman  and  Robert 
Seaman,  the  Sirname  of  Williams  which  they  have  lately  respectively  assumed,  conformable  to 
the  last  Will  and  Testament  of  the  said  John  Williams  "devising  to  them  certain  Lands  in  the 
Township  of  Oyster  Bay  in  the  Parish  of  Hempstead. 

After  which  his  Excellency  the  Governor  left  the  Council  Chamber  and  the  General  Assembly 
returned  to  their  Houses. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  1 1  o  Clock. 


1772.]  William  Tryon,  Esq :  Governor.  1823 

Thursday,  the  twenty  seventh  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonW6  DANIEL,  HORSJIANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Brinkerhoff  with  the  Bill 
entituled  [An  Act  to  impovver  Justices  of  the  Peace  Mayors  Recorders  and  Aldermen  to  try 
causes  to  the  value  of  Five  pounds  and  under,  and  for  suspending  An  Act  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  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Mr  Jauncey  with  the  Bill 
entituled  [An  Act  to  fix  and  ascertain  from  whence  the  Mileage  Fees  of  the  respective 
Constables  of  the  Manor  of  Cortlandt  in  the  County  of  Westchester  shall  be  computed]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Clinton  with  the  Bill 
entituled  [An  Act  to  amend  An  Act  entituled  An  Act  for  returning  of  able  and  sufficient  Jurors 
and  for  the  better  regulation  of  Juries]  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  till  Saturday  morning  11  o  Clock. 


Saturday,  the  twenty  ninth  day  of  February,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Hon''!e  OLIVER  DE  LANCEY,  Esqr,  Speaker, 

ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Colonel  Philipse  with  the  Bill 
entituled  [An  Act  for  the  Amendment  of  the  Law  and  the  better  advancement  of  Justice] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Rapalje  with  the  Bill  entituled 
[An  Act  better  to  regulate  Elections  for  Representatives  in  General  Assembly  for  the  City  and 
County  of  Albany]  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. 

A  Message  from  the  General  Assembly  by  Mr  Brinkerhoff  and  Captain  De  Lancey  with  the 
Bill  Entituled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  common 
and  public  Highways  and  private  Roads  in  the  County  of  Dutches]  desiring  the  concurrence 
of  the  Council  thereto. 


1824  Journal  of  the  Legislative  Council  of  New  York  [s^  f^™; 

Ordered,  that  the  said  Bill  he  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  entituled  [An  Act  to  impower  Justices  of  the  Peace  Mayors  Recorders  and  Aldermen 
to  try  causes  to  the  value  of  Five  pounds  and  under,  and  for  suspending  An  Act  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  fix  and  ascertain  from  whence  the  Mileage  Fees  of  the 
respective  Constables  of  the  Manor  of  Cortlandt  in  the  County  of  Westchester  shall  be  computed] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  amend  An  Act  entituled  An  Act  for  returning  of  able  and 
sufficient  Jurors  and  for  the  better  Regulation  of  Juries]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  the  better  to  ascertain  the  Quality  of  Pot  and  Pearl  Ashes]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Committee  had  gone  through  the  said  Bill,  and  marie  several  Amendments  thereto,  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  the  Amendments  being  agreed  to,  the  same  were 

Ordered  to  be  engrossed  and  being  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  as  amended  do  pass. 

Ordered,  that  Mr  Wallace  do  carry  the  said  Bill  back  to  the  General  Assembly  with  the 
Amendments  made  thereto  by  this  House,  and  acquaint  the  General  Assembly  that  this  House 
have  passed  the  Bill  with  the  said  Amendments  to  which  they  desire  their  Concurrence. 

The  Speaker  left  the  Chair,  and 

Tne  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  divide  the  County  of  Albany  into  three  Counties]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  revive  and  continue  An  Act  entituled  An  Act  fur  raising  and  collecting  the  arrears  of 
Taxes  clue  to  this  Colony  from  the  City  and  County  of  New  York,  with  some  additions  thereto] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  suid  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Captain  De  Lancey  and  Mr  De  Noyelles  with 
the  Bill  entituled  An  Act  the  better  to  ascertain  the  Quality  of  Pot  and  Pearl  Ashes]  and  the 
Amendments  made  thereto  by  this  House,  acquainting  this  House  hat  the  General  Assembly 
have  agreed  to  the  said  Amendments  and  desire  the  Bill  may  be  amended  accordingly. 
^  Then  the  said  Bill  was  accordingly  amended,  by  inserting  in  page  1  Line  13,  after  the  word 
Inspection  the  Words  [and  for  weighing  the  same,  and  delivering  to  the  proprietor  an  Invoice  or 
Weigh  Note  under  his  Hand  of  the  Weight  of  each  disk]  By  striking  out  the  Word  FJmw.nj 
in  page  5  Line  8  and  instead  thereof  inserting  the  Word  Jn.nua.ri/ ;  and  by  striking  out  the  AVord 
three  in  page  5  Line  Q  and  inserting  instead  thereof  the  Word  'Five. 

The  Council  adjourned  till  Tuesday  Morning  11  0  Clock. 


1772.]  William  Tnjon,  Esq  :  Governor.  1825 

Tuesday  the  third  day  of  March,  1772. 
The  Council  met  according  lo  adjournment. 

PICESEXT —  T/tc  HonUe  DANIEL  HORSMAXDEX,  Esquire,  Speaker, 

Jonx  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  ArmoKPE, 

ROGER  MORIUS, 

WILLIAM  SMITH, 

HENRY  CEUGEB, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL,  Esquires. 

Tlie  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitnled  [An 
Act  to  enable  any  one  of  the  Coroners  for  the  different  Counties  to  make  Return  to  Process]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wnite  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  an  Amendment  thereto,  which  he  read  in  his  Place, 
and  then  delivered  the  Bill  with  the  Amendment  in  at  the  Tab'e,  where  the  same  was  again 
read,  and  the  Amendment  being  agreed  to,  the  same  was 

Ordered  to  be  engrossed,  and  being  engrossed 

Ordered,  that  the  snid  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 

Rcsolccd,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  White  do  carry  the  said  Bill  back  to  the  General  Assembly  with  the 
Amendment  made  thereto  by  this  House  and  acquaint  the  General  Assembly  that  this  House 
have  passed  the  Bill  with  the  said  Amendment  to  which  they  desire  their  Concurrence. 

The  Speaker  left  the  Chair,  and 

The  House  ivsolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  cntiluled  [An 
Act  to  fix  and  ascertain  from  whence  the  Mileage  Fees  of  the  respective  Constables  of  the 
Manor  of  Cortlandt  in  the  County  of  Weslchester  shall  be  computed]  and  after  some  time 
spent  tl  erein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lnncey  from  the  Committee  of  the  whole  House  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 

On/.' red  a  third  reading. 

A  Mess  ige  from  the  General  Assembly  by  Mr  Gale  and  Mr  Van  Cortlandt  with  the  Bill 
entituled  [An  Act  for  rendering  more  effectual  An  Act  intituled  An  Act  to  prevent  Frauds  in 
Debtors]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordeicd,  that,  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  De  Noyclles  with  the  Bill 
entituled  [An  Act  to  divide  the  precinct  of  Newburgh  in  the  County  of  Ulster  into  two 
precincts]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  re;sd  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Kleeck  and  Mr  Walton  with  the  Bill 
citituled  [An  Act  for  dividing  the  South  Precinct  in  the  County  of  Dutches  into  three  Precincts] 
desiring  tue  Concurrence  of  the  Council  thereto. 

Ordend,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 
Ordered  a  second  reading. 

A  Messiige  from  the  General  Assembly  by  Mr  Billop  and  Mr  Wilkins  with  the  Bill  entituled 
[An  Act  for  the  better  security  of  Rent?,  and  to  prevent  Frauds  committed  by  Tenants]  desiring 
the  Concurrence  of  the  Council  thereto. 
Ordered,  that  the  said  Bill  be  read. 

229 


lg2G  Journal  of  the  Legislative  Council  of  New  York. 

Then  the  said  Bill  was  read  the  first  time  and 

Tho^ill  entitule/TAn  Act  for  the  Amendment  of  the  Law  and  the  better  advancement  of 
Justice]  was  read  the  second  lime  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  better  to  regulate  Elections  for  Representatives  in  General 
Assembly  for  the  City  and  County  of  Albany]  was  read  the  second  time  and 

Ordcicd  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  common 
and  public  Highways  and  private  Roads  in  the  County  of  Dutchess]  was  read  the  second 

time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  nnd  Mr  Jauncey  with  the  Bill  entituled 
TAn  Act  to  enable  any  one  of  the  Coroners  for  the  different  Counties  within  this  Colony  to 
make  Return  to  Process]  with  the  amendment  made  thereto  by  this  House,  acquainting  this 
House  that  the  General  Assembly  have  agreed  to  the  said  Amendment,  and  desire  the  Bill  may 
be  amended  accordingly. 

Then  tl:e  said  Bill  was  accordingly  amended  by  adding  at  the  End  of  the  Bill  the  following 

Clause [provided  always  and  be  it  also  enacted  that  the  Act  or  Return  of  one  or  more  of  the 

Coroners  shall  in  no  Degree  prejudice  the  rest,  and  that  nothing  in  this  Act  contained  shall  bo 
cons! rued  to  extend  to  any  Venire  Facias  or  other  Jury  Process  in  any  Case  whatsoever.] 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  fourth  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honlle  OLIVER  DE  LANCET,  Esqr,  Speaker, 

CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
WILLIAM  AXTELL,  Esqr". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Gale  with  the  Bill  entituled  [An 
Act  for  discharging  the  present  Assignees  of  Joseph  Forman  an  Insolvent  Debtor  and  for 
appointing  another  Assignee  and  for  other  Purposes  therein  mentioned]  desiring  the  Concurrence 
ot  the  Council  thereto. 

Ordcr/d,  that  the  said  Bill  be  read. 

Then  the  said  Bill  wns  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  entituled  [An  Act  to  divide  the  precinct  of  Newburgh  in  the  County  of  Ulster  into 
two  Precincts]  was  read  the  second  time  and 

Ordc'cd,  to  be  committed. 

The  Bill  entituled  [An  Act  for  rendering  more  effectual  An  Act  entituled  An  Act  to  prevent 
Frauds  in  Debtors]  was  read  the  second  lime  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  dividing  the  South  Precinct  in  the  County  of  Dutches  into 
three  Precincts]  was  read  the  second  time  and 

Ordernl  to  be  Committed. 

The  Bill  entituled  [An  Act  for  the  better  security  of  Rents  and  to  prevent  Frauds  committed 
by  Tenants]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1772.]  William  Try  on,  Esq :  Governor.  1827 

Thursday,  tlic  fifth  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honlle  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCE Y, 
ROGER  MORRIS, 
HENRY  CRUGER, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  Entituled  [An  Act  for  discharging  the  present  assignees  of  Joseph  Forman  an 
Insolvent  Debtor,  and  for  appointing  a  new  assignee  and  for  other  purposes  therein  mentioned] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  to  raise  one  thousand  Pounds  in  the  Precincts  of  Goshen  and  Cornwall  in  the  County 
of  Orange  to  build  a  Court  House  in  the  Town  of  Goshen  and  for  other  Purposes  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  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
for  the  amendment  of  the  Law  and  the  better  advancement  of  Justice]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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  pnss. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  lor  the  better  security  of  Rents  and  to  prevent  Frauds  committed  by  Tenants]  and  utter 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  arid 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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 

R'solvcd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Col.  Woodhull  with  the  Bill 
entituled  [An  Act  for  the  Relief  of  Creditors  against  fraudulent  Devisees]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
for  rendering  more  effectual  an  Act  intituled  An  Act  to  prevent  Frauds  in  Debtors]  and  afcer 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
haH  gone  through  the  said  Bill  and  had  directed  him  to  report  the  same  without  any  Amendment. 

Which  Report  on  the  Question  being  put  wns  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 


1328  Journal  of  the  Legislative  Council  of  New  York.  [slm  se'.".'™' 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  ami 

The  House  resolved  itself  into  a  Committee  of  the  whale  Houss  on  the  Bill  entituled  [An  Act 
to  divide  the  Precinct  of  Newburgh  i;i  the  County  of  Ulster  into  two  Precincts]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

M'  Axiell  from  the  Committee  of  the  whole  House  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. 

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  pnss. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

Tno  Speaker  left  the  Ch;iir,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
for  defraying  a  Moiety  of  the  Expences  accrued  on  setling  the  contested  Boundaries  between 
the  patented  Lands  commonly  called  Cheescocks  and  Kakiate]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  fioni  the  Commit'oe  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  {rone  through  the  s:ii°l  BUI  an  1  had  directed  him  10  report  the  sanu  without  any  Amendment. 

Wnich  Report  on  the  Q;ie-tion  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  bring  put 

Jlcsolced,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
for  tin  butter  laying  out  regulating  and  keeping  in  Repair  common  and  Public  Highways  ai)d 
private  Roads  in  the  County  of  Dutches]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

M'  Morris  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  g  )iie  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. 

Ord<r<d.  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  B  II  was  read  the  third  time  and 

On  the  Qui-stion  being  put 

Rfisolei-il ,  that  the  said  Bill  do  pas'. 

Tnc  Council  adjourned  till  to  Morrow  Morning  10  o  Clock. 


Friday,  the.  sixth  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT—  The  HonUe  JOHN  WATTS,  Esquire,  Speaker, 

ROGER  MORUIS, 
WILLIAM  SMITH, 
HE.XUY  CRUGER, 
HKXUY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  the  Relief  of  Creditors  agiinst  fraudulent  Devisees!  was  read 
the  sjcond  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  raise  one  thousand  Pounds  in  the  Precincts  of  Goshen  and 

.rnwall  m  the  County  of  Orange  to  build  a  Court  House  in  the  Town  of  Goshen  and  for  other 
Purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

nhhSVf  fTI  tr!'e  GfiM-ral  Afeml1''y  ljy  C<)]oncl  Seaman  and  M'  BrinckerhofF  with  the  Bill 
cnt  tulel  [An  Act  for  enabling  the  sale  of  Goods  distrained  for  Rent  in  Case  the  Kent  be  not 
paid  m  a  reasonable  time]  desiring  the  Concurrence  of  the  Council  thereto. 


1772.]  William  Tryon,  Esq:  Governor.  1829 

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  to  Morrow  Morning  11  o  Clock. 


Saturday,  the  seventh  day  of  March,  1772, 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honl!e  JOHN  WATTS,  Esquire,  Speaker, 

ROGER  MORRIS, 

HENRY  CRUGEK, 

HEXUY  WHITE, 

WILLIAM  AXTELL,  Esquires. 

The  Speaker  assumed  tbe  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Jaunccy  and  Mr  Boerum  with  the  Engrossed 
Bill  sent  from  thU  House  entituled  [An  Act  for  the  more  effectual  Registry  of  Mortgages  and 
for  securing  the  Purchasers  of  mortgaged  E-states]  acquainting  this  House  that  the  General 
Assembly  have  passed  the  said  Bill  without  any  Amendment. 

The  .Speaker  left  the  Chair,  nnd 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Acb  to  impower  Justices  of  the  Peace  Mayors  Recorders  and  Aldermen  to  try  Causes  to  the  Value 
of  Five  Pounds  and  under,  and  for  suspending  An  Act  therein  mentioned]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  s;iid  Bill,  and  made  an  Amendment  thereto,  which  he  .read  in  his  place 
and  then  delivered  the  Bill  with  the  Amendment  in  at  the  Table  where  the  Amendment  was 
agiiin  read  and  being  agreed  to,  was 

Ordered  to  be  engrossed  nnd  being  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  as  amended  do  pass. 

Ordered,  that  Mr  Morris  do  carry  the  Bill  back  to  the  General  Assembly  with  the  Amendment 
made  thereto  by  this  House  and  acquaint  the  General  Assembly  that  this  House  have  passed 
the  Bill  with  the  said  Amendment  to  which  they  desire  the  Concurrence  of  that  House. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  raise  one  thousand  Pounds  in  the  Precincts  of  Goshen  and  Cornwall  in  the  County  of 
Orange  to  build  a  Court  House  in  the  Town  of  Goshen  and  for  other  purposes  therein  mentioned] 
and  alter  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Crugerfrom  the  Committee  of  the  whole  House,  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. 

Orda-cd,  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  Relief  of  Creditors  against  fraudulent  Devisees]  and  after  some  time  spent  therein, 

The  Speaker  resumed  ihe  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  hnd  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  saiJ  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolecd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment 


183Q  Journal  of  the  Legislative  Council  of  Neio  York.  [^sc"™' 

The  Bill  cntituled  [An  Act  for  enabling  the  Sale  of  Goods  distrained  for  Rent  in  Case  the 
Rent  be  not  paid  in  a  reasonable  Time]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Billop  with  the  Bill  entituled 
[An  Act  to"  revise  digest  and  print  the  Laws  of  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 

Oidercd  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  to  settle  how  far  Owners  of  Ships  shall  be  Answerable  for  the  Acts  of  Masters  or 
Mariners]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Van  Kleek  with  the  Bill 
entituled  [An  Act  for  the  better  ascertaining  the  Boundaries  of  the  Counties  of  Cumberland 
and  Gloucester]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Billop  with  the  Bill  entituled 
[An  Act  for  the  Inspection  of  Flax  in  the  City  of  New  York]  desiring  the  Concurrence  of  the 
Council  thereto. 

Oidercd,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  entituled  [An  Act  to  fix  and  ascertain  from  whence  the  Mileage  Fees  of  tiie  respective 
Constables  of  the  Manor  of  Cortlandt  in  the  County  of  Westchester  shall  be  computed]  was 
read  the  third  time  and 

On  the  Quesiion  being  put 

llesolicd,  that  ihe  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
said  Bill  without  any  Amendment. 

A  Messsage  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Woodhnll  with  the  Bill 
entituled  [An  Act  to  impower  Justices  of  the  Peace  Mayors  Recorders  and  Aldermen  to  try 
Causes  to  ihe  Value  of  Five  Pounds  and  under  and  for  suspending  an  Act  therein  mentioned] 
with  the  Amendment  made  thereto  by  this  House  acquainting  this  House  that  the  General 
Assembly  have  agreed  to  the  said  Amendment  and  desire  that  the  Bill  may  be  amended 
accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  striking  out  the  Words  at  his  own  House  in 
the  fifteenth  Line  of  the  Ninth  Page  of  the  Bill. 

The  Council  adjourned  until  Tuesday  Morning  11  o  Clock. 


Tuesday,  the  tenth  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PBESENT  —  The  Honllt  OLIVER  DE  LAKCEY,  Esquire,  Speaker, 

CHAKLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esqrl. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  prevent  the  destruction  of  Fish  in  the  County  of  Suffolk]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the  Committee 

™8°"u  ™rou8h  the  sald  Bl"  and  had  directed  him  to  report  the  same  without  any  Amendment. 

Wtucn  tteport  on  the  Question  being  put  was  agreed  to  and  apnroved  of. 


1772.]  William  Tryon,  Esq  :  Governor.  1831 

Ordered,  that  the  said  Bill  be  read  the  third  time  and 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  enabling  the  Sale  of  Goods  distrained  for  Rent  in  Case  the  Rent  be  not  paid  in  a 
reasonable  Time]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  same,  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  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  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  this  House  have  passed 
the  said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Van  Kleek  with  the  Bill 
entitnled  [An  Act  to  settle  and  establish  the  Line  or  Lines  of  Division  between  the  City  of 
New  York,  and  the  Township  of  Harlem,  so  far  as  concerns  the  Ilight  of  Soil  in  Controversy] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Ten  Eyck  with  the  Bill  entituled 
[An  Act  to  raise  the  Sum  of  One  hundred  and  Fifty  Pounds  on  the  Lands  therein  mentioned 
lor  the  use  of  clearing  and  opening  the  Creek  commonly  called  Crommeline's  Creek  and  for 
other  Purposes  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  and 

Ordered  a  second  Reading. 

A  Messige  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Billop  with  the  Bill 
entituled  [An  Act  for  giving  Relief  on  Promissory  Notes]  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  Cluiir,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  discharging  the  present  assignees  of  Joseph  Forman  an  Insolvent  Debtor  and  for 
appointing  a  new  assignee  and  for  other  Purposes  therein  mentioned]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  t'ue  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, 

Onlcrcd,  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. 

The  Bill  entituled  [An  Act  to  revise  digest  and  print  the  Laws  of  this  Colony]  was  read  the 
second  time  and 

Ordered,  to  be  committed. 

The  Bill  entituled  [An  Act  to  settle  how  far  Owners  of  Ships  shall  be  answerable  for  the 
Acts  of  the  Masters  or  Mariners]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  better  ascertaining  the  Boundaries  of  the  Counties  of 
Cumberland  and  Gloucester]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  Inspection  of  Flax  in  the  City  of  New  York]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  better  to  regulate  Elections  for  Representatives  in  General  Assembly  for  the  City  and 
County  of  Albany]  and  after  some  time  spent  therein, 


Journal  of  the  Legislative  Council  of  New  York,  ['IS  SL 


The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  cone  through  the  said  Bill,  and  made  several  amendments  thereto,  which  lie  read  in  I  is 
Place5,  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table,  where  the  Amendments 
were  again  read,  and  being  agreed  to 

Ordered,  that  the  said  Amendments  be  ingrossed  and  that  the  Bill  be  read  the  third  time  as 

amended. 
Tbe  Council  adjourned  until  to  Morrow  Morning  1          lock. 

Wednesday,  the  eleventh  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hon'jle  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LAKCEY, 
ROGER  MORRIS, 
HENRY  CRUGER, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

Tiie  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  cntituled  [An 
Act  for  dividing  the  south  Precinct  in  the  County  of  Dutches  into  three  Precincts]  and  after 
some  time  spent  therein, 

The  SpeaKer  resumed  the  Chair,  and 

Mr  Morris  from  the  Cjmmittee  of  the  whole  House  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. 

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 

Rcsohal,  that  the  said  Bill  do  pass. 

Ordered,  that  M1'  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  and  the  Bill  entituled  [An  Act  for  discharging  the  present  assignees  of  Joseph 
Forman  an  Insolvent  Debtor,  and  for  appointing  a  new  Assignee,  and  for  other  Purposes  therein 
mentioned]  without  any  amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intituled  [An 
Act  to  revise  digest  and  print  the  Laws  of  this  Colony]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Crugerfrom  the  Committee  of  the  whole  House,  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. 

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 

Rcsuhcd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  entituled  [An 
Act  to  settle  how  far  Owners  of  Ships  shall  be  answerable  for  the  acts  of  the  Masters  or 
Mariners]  and  aft'^r  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House,  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  beinjr  put, 

Rcsolccd,  that  (he  said  Bill  do  pass. 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  have  passed 
the  two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 


1772.]  William  Tryon,  Esq:  Governor.  1833 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  Inspection  of  Flax  in  the  City  of  New  York]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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 

Rcsoh-cd,  thnt  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Bill  entitled  [An  Act  to  settle  and  establish  the  Line  or  Lines  of  Division  between  the 
City  of  New  Ycrk  and  the  Township  of  Harlem,  so  far  as  concerns  the  Right  of  Soil  in 
Controversy]  was  read  the  second  time  and 

Ordered,  to  be  committed. 

The  Bill  entituled  [An  Act  to  raise  the  sum  of  one  hundred  and  fifty  Pounds  on  the  Lands 
therein  mentioned,  for  the  use  of  clearing  and  opening  the  Creek  commonly  called  Crommelin's 
Creek,  and  for  other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered,  to  be  Committed. 

The  Bill  entituled  [An  Act  for  giving  Relief  on  Promissory  Notes]  was  read  the  second  time 
and 

Ordered  to  be  Committed. 

A  Messnge  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Rapalje  with  the  Bill 
entituiej  [An  Act  for  punishing  of  Accessories  to  Felonies  and  Receivers  of  Stolen  Goods,  and 
to  prevent  the  wilful  burning  and  Destroying  of  Ships]  desiring  the  Concurrence  of  the  Council 
thereto. 

Oidcrcd,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  iirst  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Colonel  Seaman,  with  the  Bill 
entituled  [An  Act  to  oblige  the  Justices  of  the  Pence  at  their  General  or  Quarter  Sessions  to 
determine  Appeals  made  to  them  according  to  the  Merits  of  the  Case,  notwithstanding  Defects 
of  Form  in  the  original  Proceedings;  and  to  oblige  Persons  suing  forth  Writs  of  Ceniorari 
to  remove  Orders  made  on  such  Appeals  into  the  Supreme  Court  of  this  Colony,  to  give  security 
to  prosecute  the  same  with  Effect]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  he  rend. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Rending. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr.  Ten  Broeck  with  the  Bill 
entituled  [An  Act  to  amend  an  Act  intituled  An  Act  to  ascertnin  the  Size  of  Casks  in  which 
white  Bread  shall  be  packed  within  the  City  of  New  York,  and  to  regulate  the  Manner  in  which 
the  same  shall  be  sold]  desiring  the  Concurrence  of  the  Council  thereto. 

Oidcrcd,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Onlrred  a  second  Rending. 

A  Messnge  from  the  General  Assembly  by  Capt  De  Lancey  and  Col.  Schuyler  with  the 
Bill  entituled  [An  Act  for  regulating  of  Trials  in  Cases  of  Treason  and  Misprision  of  Treason] 
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  until  to  Morrow  Morning  11  o  Clock. 


230 


1834  Journal  of  the  Legislative  Council  of  New  York. 

Thursday,  the  twelfth  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT—  The  Hon™  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

Tne  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  settle  and  establish  the  Line  or  Lines  of  Division  between  the  City  of  New  York  and  the 
Township  of  Harlem,  so  far  as  concerns  the  Right  of  Soil  in  Controversy]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the 
Committee  had  gone  through  the  same  and  had  directed  him  to  report  the  same  Bill  without 
any  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 

Rcs'ihcd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  raise  the  sum  of  One  hundred  and  Fifty  Pounds  on  the  Lands  therein  mentioned  for  the 
use  of  clearing  and  opening  the  Creek  commonly  called  Crommelin's  Creek  and  for  other 
Purposes  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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 

Rcsolccd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  giving  Relief  on  Promissory  Notes]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  the  sume  without  any  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  Mr  White  do  acquaint  the  General  Assembly  that  this  House  have  passed  tho 
two  last  mentioned  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  for  punishing  of  Accessories  to  Felonies,  and  Receivers  of  stolen 
Goods,  and  to  prevent  the  wilful  Burning  and  destroying  of  Ships]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  oblige  the  Justices  of  the  Peace  at  their  General  or  Quarter 
Sessions  to  determine  Appeals  made  to  them  according  to  the  Merits  of  the  case,  notwithstanding 
Defects  of  Form  in  the  Original  Proceedings,  and  to  oblige  Persons  suing  forth  Writs  of 
Certiorari  to  remove  Orders  made  on  such  Appeals  into  the  Supreme  Court  of  this  Colony,  to  give 
security  to  prosecute  the  same  wilh  Effect]  was  read  the  second  time  and 

Ordered  to  be  Committed. 


1772.]  William  Tryon,  Esq  :  Governor.  1835 

The  Bill  entituled  [An  Act  to  amend  an  Act  entituled  An  Act  to  ascertain  the  Size  of 
Casks  in  which  white  Bread  shall  be  packed,  within  the  City  of  New  York,  and  to  regulate 
the  Manner  in  which  the  same  shall  be  sold]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  regulating  of  Trials  in  Cases  of  Treason  and  Misprision  of 
Treason]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Colonel  Woodhul  and  Mr  Kissam  with  the  Bill 
entituled  [An  Act  to  amend  an  Act  entituled  An  Act  for  the  more  effectual  Preservation  of  Deer 
and  other  Game,  and  the  destruction  of  Wolves,  Wild  Cats  and  other  Vermin,  so  far  as  it 
relates  to  the  Township  of  Huntington  and  the  Precinct  of  Islip  in  Suffolk  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  &  Mr  Ten  Eyck  with  the  Bill 
entituled  [An  Act  for  the  Relief  of  Parishes  and  other  Places  from  such  Charges  as  may  arise 
from  Bastard  Children  born  within  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  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Wit  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  to  enable  Posthumous  children  to  take  Estates  as  if  born  in  their  Fathers  Life  Time] 
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. 

His  Excellency  William  Tryon  Esquire  Captain  General  and  Governor  in  Chief  in  and  for  the 
Province  of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor  and  Vice 
Admiral  of  the  same  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 
the  immediate  Attendance  of  that  House. 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  both  Houses  was  pleased  to  give  his  Assent 
to  Eight  Bills  the  Titles  whereof  are  as  follow  Viz' 

An  Act  to  impower  Justices  of  the  Peace  Mayors  Recorders  and  Aldermen,  to  try  Causes  to 
the  Value  of  Five  Pounds  and  under,  and  for  suspending  an  Act  therein  mentioned. 

An  Act  the  better  to  ascertain  the  Quality  of  Pot  and  Pearl  Ashes. 

An  Act  to  divide  the  County  of  Albany  into  three  Counties. 

An  Act  to  revive  and  continue  An  Act,  entituled,  An  Act  for  raising  and  collecting  the 
Arrears  of  Taxes  due  to  this  Colony,  from  the  City  and  County  of  New  York ;  with  some 
Additions  thereto. 

An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  common  and  public 
Highways,  and  private  Roads  in  the  County  of  Dutches. 

An  Act  to  raise  one  thousand  Pounds  in  the  Precincts  of  Goshen  and  Cornwall  in  the  County 
of  Orange,  to  build  a  Court  House  in  the  Town  of  Goshen,  and  for  other  Purposes  therein 
mentioned. 

An  Act  to  divide  the  Precinct  of  Newburgh  in  the  County  of  Ulster  into  two  Precincts. 

An  Act  to  fix  and  ascertain  from  whence  the  Mileage  Fees  of  the  respective  Constables  of 
the  Manor  of  Cortlandt  in  the  County  of  Westchester,  shall  be  computed. 

After  which  his  Excellency  the  Governor  left  the  Council  Chamber,  and  the  General  Assembly 
being  returned  to  the  Assembly  Chamber, 
The  Speaker  resumed  the  Chair. 
The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


183o  Journal  of  the  Legislative  Council  of  New  York. 

Friday,  the  thirteenth  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT — The  H<>nlle  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
HENRY  CKUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Schuyler  and  Mr  Thomas  with  the  Bill 
entituled  [An  Act  for  the  better  support  of  the  Hospital  to  be  erected  in  the  City  of  New  York, 
for  Sick  and  Indigent  Persons]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Broeck  and  Mr  Billop  with  the  Bill 
entituled  [An  Act  to  divide  the  Counties  of  Albany  and  Tryon  into  Districts]  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  Bill  entituled  [An  Act  to  amend  an  Act  entituled  An  Act  for  the  more  effectual 
Preservation  of  Deer  and  other  Game  and  the  Destruction  of  Wolves  Wild  Cats  and  other 
Vermin  ;  so  far  as  it  relates  to  the  Township  of  Huntington  and  the  Precinct  of  Jslip  in  Suffolk 
County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  enable  Posthumous  Children  to  take  Estates  as  if  born  in  their 
Fathers  Life  Time]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  Relief  of  Parishes  and  other  Places  from  such  Charges  as 
may  arise  from  Bastard  children  born  within  the  same]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
for  punishing  of  Accessories  to  Felonies  and  Receivers  of  stolen  Goods,  and  to  prevent  the 
wilful  burning  and  destroying  of  ships]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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 

Unsolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  oblige  the  Justices  of  the  Peace  at  their  General  or  Quarter  Sessions  to  determine  Appeals 
made  to  them  according  to  the  Merits  of  the  Case,  notwithstanding  Defects  of  Form  in  the 
original  Proceedings,  and  to  oblige  Persons  suing  forth  Writs  of  Certiorari  to  remove  Orders 
made  on  such  Appeals  into  the  Supreme  Court  of  this  Colony,  to  give  security  to  prosecute  the 
same  to  Effect]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Axtell  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendments. 

The  Speaker  left  the  Chair,  and 


1772.]  William  Tryon,  Esq  :  Governor.  1837 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  an  Act  entituled  An  Act  to  ascertain  the  Size  of  Casks  in  which  white  Bread 
shall  be  packed  wiihin  the  Cily  of  New  York;  and  to  regulate  the  Manner  ill  which  the  same 
shall  be  sold]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Biil  entituled  [An 
Act  for  regulating  of  Trials  in  Cases  of  Treason  and  Misprision  of  Treason]  and  after  some  time 
sp^nt  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
ban  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. 

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  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Saturday,  the  fourteenth  day  of  March,  1772. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honb!e  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Davis  and  Colonel  Woodhull  with  the  Bill 
entituled  [An  Act  to  remove  Doubts  in  the  Administration  of  Oaths]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Billop  with  the  Bill 
entituled  [An  Act  to  extend  an  Act  entituled  An  Act  for  the  supervising  Intestates  Estates  and 
regulating  the  Probate  of  Wills  and  granting  Letters  of  Administration,  to  the  Counties 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Col :  Ten  Broeck  and  Captain  Seaman  with  the 
Bill  entituled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  the  common 
and  public  Highways  in  the  County  of  Charlotte]  desiring  the  Concurrence  of  the  Council 
thereto. 

Ordered,  that  the  slid  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Wit  and  Mr  Gale  with  the  Bill  entituled 
[An  Act  to  divide  the  Precinct  of  the  Wall  Kill  in  Ulster  County  into  two  Precincts,  and  other 
Purposes  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  and 

Ordered  a  second  Reading. 


1838  Journal  of  the  Legislative  Council  of  New  York.  [3i?h  £"<"' 

The  Bill  entituled  [An  Act  for  the  better  Support  of  the  Hospital  to  be  erected  in  the  City 
of  New  York  for  Sick  and  Indigent  Persons]  was  read  the  second  time  and 
Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  divide  the  Counties  of  Albany  and  Tryon  into  Precincts]  was 
read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  enable  Posthumous  Children  to  take  Estates  as  if  born  in  their  Fathers  Life  time]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  an  Act  entituled  An  Act  for  the  more  effectual  Preservation  of  Deer  and  other 
Game,  and  the  Destruction  of  Wolves  Wild  Catts  and  other  Vermin;  so  far  as  it  relates  to  the 
Township  of  Huntington  and  the  precinct  of  Islip  in  Suffolk  County]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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 

Resolccd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  till  Monday  Morning  11  o  Clock. 


Monday,  the  sixteenth  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PBESENT  —  The  Hontle  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  De  Witt  with  the  Bill 
entituled  [An  Act  for  erecting  a  more  convenient  Court  House  and  Goal ;  for  altering  the  Terms 
appointed  for  holding  the  Courts  of  Common  Pleas  and  General  Sessions  of  the  peace ;  and  for 
enabling  the  Inhabitants  to  elect  Supervisors  and  other  County  Officers  in  and  for  the  County 
of  Cumberland]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Oidered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Wilkins  and  Mr  Boerum  with  the  Bill  entituled 
[An  Act  to  enable  the  Inhabitants  of  the  County  of  Charlotte  to  raise  and  defray  the  public 
and  necessary  Charges  of  the  said  County  and  to  choose  County  Officers]  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. 


1772.J  William  Tryon,  Esq:  Governor.  1839 

A  Message  from  the  General  Assembly  by  Col.  Ten  Broeck  and  Captain  Seaman  with  the 
Bill  entituled  [An  Act  for  the  better  laying  out  regulating  clearing  and  keeping  in  repair  the 
public  Roads  and  Highways  in  the  Counties  of  Albany  and  Tryon]  desiring  the  Concurrence  of 
the  Counties  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  entituled  [An  Act  to  remove  Doubts  in  the  Administration  of  Oaths]  was  read  the 
second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  the 
common  and  public  Highways  in  the  County  of  Charlotte]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  divide  the  Precinct  of  the  Walkill  in  Ulster  County  into  two 
Precincts  and  other  Purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  prevent  Infectious  Distempers  in  the  Counties  therein  mentioned]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  iiself  into  a  Committee  of  the  whole  House,  on  the  Bill  entituled  [An 
Act  for  the  better  support  of  the  Hospital  to  be  erected  in  the  City  of  New  York  for  Sick  and 
Indigent  Persons]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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 

R'solvcd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
to  divide  the  Counties  of  Albany  and  Tryon  into  Districts]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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 

Resoh-cd,  that  the  said  Bill  do  pass. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1840  Journal  of  the  Legislative  Council  of  New  York.  [3«hs  ".'".' 

Tuesday,  the  seventeenth  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honlle  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Van  Cortlandt  with  the  Bill 
entituled  [An  Act  for  the  better  laying  out  regulating  clearing  and  keeping  in  repair  the 
public  Highways  in  the  county  of  Ulster;  and  for  suspending  the  two  acts  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Captain  Seaman  with  the  Bill 
entituled  [An  Act  for  dividing  and  setting  apart  such  Lands  in  the  patent  of  Wawayanda  in 
the  County  of  Orange  as  are  held  by  the  owners  of  Goshen  Town  Rights  in  Common  with  the 
proprietors  of  those  Lotts  in  the  said  Patent  which  were  divided  and  bal lotted  for  by 
Commissioners  pursuant  to  an  Act  of  this  Colony  ontituled  An  Act  for  the  more  effectual 
collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York  and  for  Partition  of  Lands  in 
Order  thereto;  and  also  to  prevent  Doubts  respecting  the  Division  of  the  said  Patent  made 
by  the  said  Commissioners]  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  Bill  entituled  [An  Act  for  erecting  a  more  convenient  Court  House  and  Goal ;  for  altering 
the  Terms  appointed  for  holding  the  Courts  of  Common  Pleas  and  General  Sessions  of  the  peace 
and  for  enabling  the  Inhabitants  to  elect  Supervisors  and  other  County  officers  in  and  for  the 
County  of  Cumberland]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  enable  the  Inhabitants  of  the  County  of  Charlotte  to  raise  and 
defray  the  public  and  necessary  charges  of  the  said  county  and  to  choose  County  Officers]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  the  better  laying  out  regulating  clearing  and  keeping  in 
Repair  the  public  Roads  and  Highways  in  the  Counties  of  Albany  and  Tryon]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  extend  an  Act  entituled  An  Act  for  supervising  Intestates  Estntes  and  regulating  the 
Probate  of  Wills  and  granting  Letters  of  Administration  to  the  counties  therein  mentioned]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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 

Itfsoh-cd,  that  the  said  Bill  do  pass. 

Ordered  that  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  said  Bill  and  the  Bill  entituled  [An  Act  to  divide  the  counties  of  Albany  and  Tryon  into 
Districts]  without  any  Amendment. 

The  Council  adjourned  until  to  morrow  morning  10  o  Clock. 


1772.]  William  Try  on,  Esq:  Governor.  1841 

Wednesday,  the  eighteenth  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hontle  JOHN  WATTS,  Esquire,  Speaker. 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  the  better  laying  out  regulating  clearing  and  keeping  in 
Repair  the  public  Highways  in  the  County  of  Ulster  and  for  suspending  the  two  Acts  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  for  dividing  and  setting  apart  such  Lands  in  the  Patent  of 
Wawayanda  in  the  County  of  Orange  as  are  held  by  the  Owners  of  Goshen  Town  Rights 
in  Common  with  the  Proprietors  of  those  Lotts  in  the  said  Patent  which  were  divided  and 
balloted  for  by  Commissioners  pursuant  to  an  Act  of  this  Colony  entituled  "An  Act  for  the 
more  effectual  collecting  of  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York,  and  for 
Partition  of  Lands  in  order  thereto"  and  also  to  prevent  Doubts  respecting  the  Division  of  the 
said  Patent  made  by  the  said  Commissioners]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Walton  with  the  Bill  sent  from 
this  House  entituled  [An  Act  to  prevent  the  Danger  arising  from  the  pernicious  Practice  of 
lodging  Gunpowder  in  dwelling  Houses  Stores  or  other  Places  within  the  City  of  New  York 
or  on  Board  of  Vessells  within  the  Harbour]  acquainting  this  House  that  the  General  Assembly 
have  passed  the  said  Bill  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  for  the  better  ascertaining  the  Boundaries  of  the  County  of  Cumberland  and  Gloucester] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  enable  the  Inhabitants  of  the  County  of  Charlotte  to  raise  and  defray  the  public  and 
necessary  charges  of  the  said  County,  and  to  choose  County  officers]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House,  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Gale  with  the  Bill  entituled 
[An  Act  to  enable  the  Freeholders  of  the  Counties  of  Tryon  and  Charlotte  to  vote  in  the 
County  of  Albany  for  Representatives  to  serve  in  General  Assembly  for  the  said  County] 
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. 
231 


1842  Journal  of  the  Legislative  Council  of  Neio  York.  [3i8thi9Le™: 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  De  Wit  with  the  Bill  entituled 
[An  Act  to5 prevent  the  waste  of  Firewood  in  the  County  of  Albany]  desiring  the  Concurrence 
of  the  Council  thereto. 

Orlcred,  that  the  said  Bill  be  read. 

Th"n  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Van  Cortlandt  with  the 
Bill  entituled  [An  Act  for  Naturalizing  the  several  Persons  therein  named]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  better  laying  out  regulating  clearing  and  keeping  in  Repair  the  public  Roads  and 
Highways  in  the  Counties  of  Albany  and  Tryon]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  regulating  the  Militia  of  the  Colony  of  New  York]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  made  several  Amendments  thereto,  which  he  read  in 
his  place,  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table,  where  the 
Amendments  were  again  read,  and  being  agreed  to  the  Amendments  were  ordered  to  be 
engrossed,  and  being  engrossed, 

Ordered,  that  the  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  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Smith  do  carry  back  the  said  Bill  to  the  General  Assembly  with  the 
Amendments  made  thereto  by  this  House,  and  acquaint  the  General  Assembly  that  this  House 
have  passed  the  Bill  with  the  said  Amendments,  to  which  they  desire  their  Concurrence. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  nineteenth  day  of  March,  1772. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honbu  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  De  Wit  desiring  to  know 
jvhat  progress  this  House  have  made  in  the  Bill  entituled  [An  Act  to  regulate  Elections  for 
Representatives  in  General  Assembly  for  the  City  and  County  of  Albany.] 

Ordered,  that  the  Bill  entituled  [An  Act  better  to  regulate  Elections  for  Representatives  in 
General  Assembly  for  the  City  and  County  of  Albany]  be  read  the  third  time  as  amended. 

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

On  the  Question  being  put 

Retolved,  that  the  said  Bill  as  amended  do  pass. 


1772.]  William  Tryon,  Esq :  Governor.  1843 

Ordered,  that  Mr  De  Lancey  do  carry  the  Bill  to  the  General  Assembly  with  the  amendments 
made  thereto  by  this  House  and  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  Bill  with  those  amendments  to  which  they  desire  the  concurrence  of  that  House. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Ten  Eyck  with  the  said 
Bill  and  the  Amendments  thereto  acquainting  this  House  that  the  General  Assembly  have 
agreed  to  the  Amendments  made  to  the  said  Bill  by  this  House  and  desire  the  Bill  may  be 
amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  altering  the  Title  and  extending  the  provisions 
in  the  Bill  to  the  Borough  Town  of  West  Chester  and  the  Manor  of  Cortlandt  in  the  County  of 
West  Chester. 

The  Bill  entitled  [An  Act  to  enable  the  Freeholders  of  the  Counties  of  Tryon  and  Charlotte 
to  vote  in  the  County  of  Albany  for  Representatives  to  serve  in  General  Assembly  for  the  said 
County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  prevent  the  waste  of  Firewood  in  the  County  of  Albany]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  for  Naturalizing  the  several  persons  therein  named]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  byMr  Jaunceyand  Mr  Boerum  with  the  Bill  entituled 
[An  Act  for  the  Relief  of  insolvent  Debtors  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. 

A  Message  from  the  General  Assembly  by  Captain  De  Lancey  and  Mr  Kissam  with  the  Bill 
entituled  [An  Act  more  effectually  to  prevent  private  Lotteries]  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. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Billop  with  the  Bill 
entituled  [An  Act  for  carrying  into  execution  Judgments  obtained  by  virtue  of  An  Act  entituled 
"An  Act  to  impower  Justices  of  the  Peace,  Mayors,  Recorders  and  Aldermen  to  try  causes  to 
the  value  of  Ten  Pounds  and  under  and  for  suspending  An  Act  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  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
for  the  better  laying  out  regulating  and  keeping  in  repair  the  common  and  publick  Highways 
in  the  County  of  Charlotte]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Axtell  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  and  the  Bill  entituled  [An  Act  for  the  better  laying  out,  regulating,  clearing  and  keeping 
in  repair  the  publick  Roads  and  Highways  in  the  Counties  of  Albany  and  Tryon]  without  any 
amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  divide  the  Precinct  of  the  Wallkill  in  Ulster  County  into  two  Precincts  and  other 
purposes  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

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. 


1844  Journal  of  the  Legislative  Council  of  New  York. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  dividing  and  setting  apart  such  Lands  in  the  Patent  of  Wawayanda  in  the  County  of 
Orange  as  are  held  by  the  owners  of  Goshen  Town  Rights  in  common  with  the  proprietors  of 
those  Lotts  in  the  said  Patent  which  were  divided  and  balloted  for  by  Commissioners  pursuant 
to  An  Act  of  this  Colony  entituled  "  An  Act  for  the  more  effectual  collecting  of  his  Majesty's 
Quit  Rents  in  the  Colony  of  New  York  and  for  partition  of  Lands  in  order  thereto]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  Whole  House,  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. 

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  Mr  White  do  Acquaint  the  General  Assembly  that  the  Council  have  Passed  the 
two  last  mentioned  Bills  without  any  amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  remove  Doubts  in  the  Administration  of  Oaths]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  that  they  were  of  opinion  the 
same  ought  to  be  rejected. 

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

Resolved,  that  the  Bill  be  rejected  accordingly. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 


Friday,  the  twentieth  day  of  March,  1772. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honblt  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  enable  the  Freeholders  of  the  Counties  of  Tryon  and  Charlotte  to  vote  in  the  County 
of  Albany  for  Representatives  to  serve  in  General  Assembly  for  the  said  County]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  several  Amendments  thereto  which  he  read  in  his  Place 
and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table  where  the  Amendments  were 
again  read  and  being  agreed  to  were 

Ordered,  to  be  engrossed,  and  being  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  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Smith  do  carry  the  Bill  to  the  General  Assembly  with  the  amendments 
made  thereto  by  this  House  and  acquaint  the  General  Assembly  that  this  House  have  passed  the 
Bill  with  the  said  Amendments  and  desire  their  Concurrence  thereto. 

A  Message  from  the  General  Assembly  by  Captain  De  Lancey  and  Colonel  Ten  Broeck 
with  the  said  Bill  acquainting  this  House  that  the  General  Assembly  cannot  agree  to  the 
Amendments  made  to  the  said  Bill  by  this  House. 


1772.]  William  Tryon,  Esq :  Governor.  1845 

A  Message  from  the  General  Assembly  by  Mr  Billop  and  Mr  Thomas  with  the  Bill  entituled 
[An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York]  acquainting  this  House  that 
the  General  Assembly  have  agreed  to  the  Amendments  made  by  this  House  to  the  said  Bill  and 
desiring  that  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  striking  out  the  word  three  in  Page  5  Line  7 
and  instead  thereof  inserting  the  word  five  And  by  striking  out  the  following  Clause  in  page 
10  Line  12.  [And  whereas  it  is  conceived  for  the  Good  of  the  public  service  that  every  Militia 
Officer  should  dwell  and  reside  in  the  respective  County  for  which  he  shall  or  may  be  so 
commissioned  :  Be  it  further  enacted  by  the  same  authority,  that  no  Militia  Officer  or  Officers 
shall  have  or  exercise  any  Authority  by  Virtue  of  this  Act  unless  he  dwells  and  resides  in  such 
respective  County  for  which  he  shall  be  a  commissioned  officer ;  any  Law  Usage  and  Custom  to 
the  contrary  hereof  in  any  wise  notwithstanding.] 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  Entituled  [An 
Act  to  prevent  the  waste  of  Firewood  in  the  County  of  Albany]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  Entituled  [An 
Act  for  Naturalizing  the  several  Persons  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  have  passed 
the  two  Bills  last  mentioned  without  any  Amendment. 

The  Bill  entituled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  more  effectually  to  prevent  private  Lotteries]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  for  carrying  into  Execution  Judgments  obtained  by  Virtue  of  an 
Act  intituled  [An  Act  to  empower  Justices  of  the  Peace  Mayors  Recorders  and  Aldermen  to  try 
Causes  to  the  Value  of  Ten  Pounds  and  under  and  for  suspending  an  Act  therein  mentioned]  was 
read  the  second  time  and 

Ordered  to  be  Committed. 

Mr  Axtell  moved  that  a  Bill  which  he  held  in  his  hand  Entituled  [An  Act  to  regulate  the 
sale  of  Bricks  within  the  city  and  County  of  New  York]  might  be  read. 

Ordered  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Rapalje  with  the  Bill  Entituled 
[An  Act  for  the  Relief  of  John  Cox  and  Catharine  Heysharn  Insolvent  Debtors  confined  in 
Goal  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Clinton  with  the  Bill  Entituled 
[An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony  with  Respect  to  the  Imprison 
ment  of  their  Persons]  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  until  to  Morrow  Morning  10  o  Clock. 


1846  Journal  of  the  Legislative  Council  of  New  York. 

Saturday,  the  twentij  first  day  of  March,  1772. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honl>e  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRCGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  the  Relief  of  John  Cox  and  Catharine  Heysham  Insolvent 
Debtors  confined  in  Goal  in  the  City  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entituled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony  with 
Respect  to  the  Imprisonment  of  their  Persons]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  erecting  a  more  convenient  Court  House  and  Jail :  for  altering  the  Terms  appointed  : 
for  holding  the  Courts  of  Common  Pleas  and  General  Sessions  of  the  peace,  and  for  enabling 
the  Inhabitants  to  elect  Supervizors  and  other  County  officers  in  and  for  the  County  of 
Cumberland]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  this  House  have  passed 
the  said  Bill  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  more  effectually  to  prevent  private  Lotteries]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  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. 

The  Speaker  left  the  Chair,  and 


1772.]  William  Tryon,  Esq :  Governor.  1847 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  carrying  into  Execution  Judgments  obtained  by  Virtue  of  An  Act  intituled  [An  Act  to 
impower  Justices  of  the  Peace  Mayors  Recorders  and  Aldermen  to  try  Causes  to  the  Value  of 
Ten  pounds  and  under]  and  for  suspending  an  Act  therein  mentioned]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Colonel  Woodhull  and  Captain  Seaman  with  the 
Bill  entituled  [An  Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  this  Colony, 
and  other  Purposes  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  and 

Ordered  a  second  Reading. 

The  Council  adjourned  till  4  o  Clock  in  the  Afternoon. 


Saturday,  the  twenty  first  day  of  March,  1772.     P.  M. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honb!e  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  the  Payment  of  the  salaries  of  the  several  Officers  of  this 
Colony  and  other  Purposes  therein  mentioned]  was  read  the  second  time  and 
Ordered  to  be  Committed. 
The  Council  adjourned  till  Monday  Morning  11  o  Clock. 


Monday,  the  twenty  third  day  of  March,  1772. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  HonUt  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esqri. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  Payment  of  the  Salaries  of  the  several  officers  of  this  Colony  and  other  Purposes 
therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 


1848  Journal  of  the  Legislative  Council  of  New  York.  [s 

Mr  White  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  ."-one  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  two  Bills  without  any  Amendment. 

The  Bill  entituled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony  with 
Respect  to  the  Imprisonment  of  their  Persons]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  for  the  Relief  of  John  Cox  and  Catharine  Heysham  Insolvent 
Debtors  confined  in  Goal  in  the  City  of  New  York]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Tuesday,  the  twenty  fourth  day  of  March,  1772. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The,  Honu<s  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HENRY  CRUGER, 

HENRY  WHITE, 

WILLIAM  AXTELL,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  De  Noyelles  with  the  Bill 
intituled  [An  Act  to  extend  to  the  County  of  Gloucester  the  several  Acts  therein  mentioned 
relative  to  Highways  and  the  Regulation  of  Inns  and  Taverns  in  the  County  of  Cumberland] 
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. 

His  Excellency  William  Tryon  Esqr  Captain  General  and  Governor  in  Chief  in  and  over  the 
Province  of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor  and  Vice 
Admiral  of  the  same ;  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 
the  immediate  Attendance  of  that  House. 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  both  Houses  was  pleased  to  give  his  assent 
to  thirty  three  Bills,  the  Titles  whereof  are  as  follow  viz1 

An  Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  this  Colony  and  other 
Purposes  therein  mentioned. 


1772.]  William  Tryon,  Esq:  Governor.  1849 

An  Act  for  regulating  the  Militia  of  the  Colony  of  New  York. 

An  Act  more  effectually  to  prevent  private  Lotteries. 

An  Act  to  revise  digest  and  print  the  Laws  of  this  Colony. 

An  Act  to  oblige  the  Justices  of  the  Peace  at  their  General  or  Quarter  Sessions  to  determine 
Appeals  made  to  them  according  to  the  Merits  of  the  Case,  notwithstanding  Defects  of  Form 
in  the  Original  Proceedings,  and  to  oblige  Persons  suing  forth  Writs  of  Certiorari  to  remove 
Orders  made  on  such  Appeals  into  the  Supreme  Court  of  this  Colony,  to  give  security  to 
prosecute  the  same  to  Effect. 

An  Act  to  enable  any  one  of  the  Coroners  for  the  different  Counties  within  this  Colony  to 
make  Return  to  Process. 

An  Act  for  carrying  into  Execution  Judgments  obtained  by  Virtue  of  an  Act  entituled  [An 
Act  to  impower  Justices  of  the  Peace  Mayors  Recorders  and  Aldermen  to  try  Causes  to  the 
Value  of  Ten  Pounds  and  under:  and  for  suspending  an  Act  therein  mentioned] 

An  Act  to  amend  an  Act  entituled  [An  Act  to  ascertain  the  size  of  Casks  in  which  white 
Bread  shall  be  packed  within  the  City  of  New  York,  and  to  regulate  the  Manner  in  which  the 
same  shall  be  sold.] 

An  Act  for  the  Inspection  of  Flax  in  the  City  of  New  York. 

An  Act  to  prevent  the  Danger  arising  from  the  pernicious  Practice  of  lodging  Gunpowder  in 
Dwelling  Houses  or  other  Places  within  the  City  of  New  York,  or  on  board  of  Vessels  within 
the  Harbour. 

An  Act  for  the  better  support  of  the  Hospital  to  be  erected  in  the  City  of  New  York  for  sick 
and  indigent  Persons. 

An  Act  for  the  better  laying  out  regulating  clearing  and  keeping  in  Repair  the  public  Roadi 
and  Highways  in  the  Counties  of  Albany  and  Tryon. 

An  Act  to  divide  the  Counties  of  Albany  and  Tryon  into  Districts. 
An  Act  to  prevent  the  Waste  of  Firewood  in  the  County  of  Albany. 

An  Act  to  divide  the  Precinct  of  the  Wall  Kill  in  Ulster  County  into  two  Precincts  and  other 
Purposes  therein  mentioned. 

An  Act  for  dividing  the  South  Precinct  in  the  County  of  Dutches  into  three  Precincts. 

An  Act  to  prevent  the  Destruction  of  Fish  in  the  County  of  Suffolk. 

An  Act  to  prevent  Infectious  Distempers  in  the  Counties  therein  mentioned. 

An  Act  to  amend  an  Act  entituled  [An  Act  for  the  more  effectual  Preservation  of  Deer  and 
other  Game  and  the  Destruction  of  Wolves  Wild  Catts  and  other  Vermin]  so  far  as  it  relates 
to  the  Township  of  Huntingdon  and  the  Precinct  of  Islip  in  Suffolk  County. 

An  Act  for  the  better  ascertaining  the  Boundaries  of  the  Counties  of  Cumberland  and 
Gloucester. 

An  Act  for  erecting  a  more  convenient  Court  House  and  Jail ;  for  altering  the  terms  appointed 
for  holding  the  Courts  of  Common  Pleas  and  General  Sessions  of  the  Peace,  and  for  enabling 
the  Inhabitants  to  elect  Supervizors  and  other  County  Officers  in  and  for  the  County  of 
Cumberland. 

An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  the  common  and  public 
Highways  in  the  County  of  Charlotte. 

An  Act  to  enable  the  Inhabitants  of  the  County  of  Charlotte  to  raise  and  defray  the  public 
and  necessary  Charges  of  the  said  County  and  to  choose  County  officers. 

An  Act 
regulating 
mentioned. 

An  Act  for  Naturalizing  the  several  Persons  therein  named. 

An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony. 

An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony  with  respect  to  the 
Imprisonment  of  their  Persons. 

An  Act  for  the  Relief  of  John  Cox  and  Catharine  Heysham  Insolvent  Debtors  confined  in 
Jail  in  the  City  of  New  York. 

An  Act  for  defraying  a  Moiety  of  the  Expences  accrued  on  setling  the  contested  Boundaries 
between  the  patented  Lands  commonly  called  Cheescocks  and  Kakiate. 

An  Act  to  raise  the  sum  of  One  hundred  and  Fifty  Pounds  on  the  Lands  therein  mentioned 
for  the  use  of  clearing  and  opening  the  Creek  commonly  called  Crommelines  Creek,  and  for  other 
Purposes  therein  mentioned. 

An  Act  to  settle  and  establish  the  Line  or  Lines  of  Division  between  the  City  of  New  York 
and  the  Township  of  Harlem  so  far  as  concerns  the  Right  of  Soil  in  Controversy, 

232 


;  to  extend    an  Act  entituled  [An  Act  for  the  supervizing  of  Intestates  Estates  and 
the  Probate  of  Wills  and  granting  Letters  of  Administration]  to  the  Counties  therein 


Journal  of  the  Legislative  Council  of  New  York.  [3lfh 

An  Act  for  dividin^  and  setting  apart  such  Lands  in  the  patent  of  Wawayanda  in  the  County 
of  Orange  as  are  held  by  the  Owners  of  Goshen  Town  Rights  in  common  with  the  proprietors 
of  those°Lotts  in  the  said  Patent  which  were  divided  and  balloted  for  by  Commissioners  pursuant 
to  an  Act  of  this  Colony  entituled  [An  Act  for  the  more  effectual  collecting  of  his  Majesty's 
Quit  Rents  in  the  Colony  of  New  York  and  for  Partition  of  Lands  in  order  thereto]  And  also 
to  prevent  Doubts  respecting  the  Division  of  the  said  Patent  made  by  the  said  Commissioners. 

An  Act  for  discharging  the  present  Assignees  of  Joseph  Forraan  an  Insolvent  Debtor  and  for 
appointing  a  new  Assignee  and  for  other  Purposes  therein  mentioned. 

After  which  his  Excellency  the  Governor  was  pleased  to  prorogue  the  General  Assembly  until 
Monday  the  fourth  day  of  May  next. 


[N.  Y.  Col.  MS8.,  XCVIII.,  92.] 

BY  His  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)   of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  fourth  day  of 
May  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  Prorogue  the  said  General  Assembly  to  the  third  day  of  June 
now  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  one  thousand  seven  hundred  and  seventy  two, 
in  the  twelfth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of 
the  Faith  and  so  forth. 

W*  TRYON. 
By  His  Excellency's  Command 

Gw  BANYAE  D  Sccry. 

God  save  the  KING. 


[N.  T.  Col.  MSS.,  XCVIII.,  107.] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)   of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General.  Assembly  of  this  Province  stands  Prorogued  to  the  third  day  of 
June  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue  and  I  do  by  and  with  the 
Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  first  day 


1772.]  William  Tryon,  Esq  :  Governor.  1851 

of  July  now  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  sixth  day  of  May  one  thousand  seven  hundred  and  seventy  two,  in 
the  iwdjlh  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 
Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

WM  TRYON. 
By  His  Excellency's  Command, 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCVJII.,  119.] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  theirs;  day  of  July 
next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the  Advice 
of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  eighth  day  of 
September  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  fifth  day  of  June  one  thousand  seven  hundred  and  seventy  two,  in 
the  twelfth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 
Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

W '  TRYON. 
By  His  Excellency's  Command 

Gw  BAN  YAK,  D  Secry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCIX.,  1.] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do  by  and  with  the  Advice  of  his 
Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  eighth  day  of  October 


1852  Journal  of  the  Legislative  Council  of  Neio  York.  [s«h  I"™.' 

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  Neio  YorJc 
the  eighth  day  of  September  one  thousand  seven  hundred  and  seventy  two,  in 
the  twelfth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 
Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

WM  TRYON. 
By  his  Excellency's  Command 

Gw  BANYAK  D  Sccry. 

God  save  the  KING. 


[N.  T.  Col.  MSS.,  XCIX.,  7J 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  eighth  Instant  I 
have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the  Advice  of  his 
Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  twelfth  day  of  November 
now  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  fifth  day  of  October  one  thousand  seven  hundred  and  seventy  two  in  the 
twelfth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the  Grace 
of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the  Faith  and 
so  forth. 

WM  TRYON. 
By  His  Excellency's  Command 

Gw  BANYAE  D  Secry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  XCIX.,  19.] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  twelfth  day  of 
November  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  tenth  day 


1772.]  William  Tryon,  Esq  :  Governor.  1853 

of  December  now  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  first  day  of  October  one  thousand  seven  hundred  and  seventy  two, 
in  the  twelfth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

WM  TRYON. 
By  his  Excellency's  Command 

Gw  BANYAR  D  SCcry. 

God  save  the  KING. 


[N.  Y  Col.  MSS.,  XCIX.,  32.) 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

"WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  tenth  day  of 
December  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  fifth  day 
of  January  now  next  ensuing  then  to  meet  to  proceed  upon  business  Of  which  all  his  Mujesty'a 
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  fifth  day  of  November  one  thousand  seven  hundred  and  seventy  two, 
in  the  thirteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third 
by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth. 

WM  TRYON. 

By  his  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


THIRTY-FIRST  ASSEMBLY    FIFTH  SESSION. 


At  a  Session  of  the  Governor,  Council  and  General  Assembly  for  tlie  Province  of 
New  York,  begun  and  hoMen  at  the  City  Hall  in  the  City  of  New  York  on  Tuesday 
the  fifth  day  of  January,  One  thousand  seven  hundred  and  seventy  three,  in  the 
thirteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  Inj  the  Grace 
of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

The  General  Assembly  having  on  the  twenty  fourth  Day  of  March  last  been  prorogued  to 
the  fourth  Day  of  May  following  his  Excellency  William  Tryon  Esqr  Captain  General  and 
Governor  in  chief  of  the  said  Province  was  pleased  by  divers  Proclamations  to  prorogue  them 
as  follows,  that  is  to  say,  On  the  29th  day  of  April  1772  to  the  3d  Day  of  June.  On  the  26lh 
Day  of  May  to  the  1"  Day  of  July.  On  the  25lh  day  of  June  to  the  8lh  day  of  September.  On 


1854  Journal  of  the  Legislative  Council  of  New  York. 

the  8th  Dav  of  September  to  the  8th  Day  of  October.     On  the  5th  Day  of  October  to  the  12* 
Dav  of  November.     On  the  21"  Day  of  October  to  the  10th  Day  of  December— and  on  the  25"' 
Day  of  November  to  the  fifth  Day  of  January  One  thousand  seven  hundred  and  seventy  three 
then  to  meet  to  proceed  upon  Business. 
The  Council  met  accordingly. 

PRESENT—  The  Honlle  OLIVER  DE  LANCEY,  Esqr,  Speaker, 

WILLIAM  SMITH, 
HENRY  CRUGER, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  sixth  day  of  January,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT—  The  Honoble  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  William  Tryon  Esquire  Captain  General  and  Governor  in  chief  in  and  over 
the  Province  of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor  and 
Vice  Admiral  of  the  same  being  come  to  the  Council  Chamber  his  Excellency  sent  a  Message  by 
the  Deputy  Secretary  to  the  General  Assembly  requiring  the  immediate  attendance  of  that 
House  in  the  Council  Chamber.  And 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  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. 

His  Excellency  the  Governor  having  left  the  Council  Chamber  and  the  General  Assembly 
being  returned  to  the  Assembly  Chamber, 

The  Speaker  resumed  trhe  Chair. 

Ordered,  that  the  Governor's  Speech  be  read. 

Then  the  Speech  was  read  and 

Ordered  to  be  entered  iu  the  Journal  of  this  House  and  the  same  is  as  follows. 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly, 

The  experience  you  gave  me  the  last  session  of  the  Liberality  of  your  Sentiments  towards 
me,  and  your  ready  Concurrence  with  the  Measures  I  then  proposed  flatter  me  at  this  Juncture 
with  the  like  favorable  Attention  to  what  I  have  now  to  recommend  to  you. 

It  has  been  the  peculiar  Misfortune  of  this  Country  to  have  remained  even  to  this  day,  with 
most  of  its  Boundaries  undetermined,  a  Circumstance  that  has  in  a  considerable  Measure 
retarded  the  settlement  of  the  Frontiers,  and  proved  the  Source  of  many  unhappy  Disputes 
with  its  neighbouring  Inhabitants  and  which  if  not  speedily  setled  may  probably  be  productive 
of  more  serious  Consequences.  Impressed  with  this  Idea  soon  after  my  Arrival  in  this 
Government  I  opened  a  Correspondence  with  Governor  Hutchinson  on  the  Necessity  of  finally 
establishing  a  Partition  Line  between  this  and  Massachusets  Government.  The  Governor 
moved  his  Assembly  to  second  our  Wishes,  and  an  Act  passed  to  enable  proper  Persons  to 
undertake  its  Accomplishment.  I  shall  therefore  lay  before  you  the  Correspondence  and 
Papers  on  this  Subject,  wishing  you  may  co-operate  with  the  Massachusets  Government,  by 
passing  a  similar  Act  for  so  salutary  a  Purpose. 

I  have  the  Satisfaction  to  inform  you  the  dividing  Line  between  this  Province  and  the 
Government  of  Quebec  has  been  run  from  Lake  Champlain  in  the  forty  fifth  Degree  of  North 
Latitude  to  Connecticut  River.  As  the  Commissioners  who  perform  that  Business  winter  in 
Quebec,  that  they  may  be  ready  early  in  the  spring  to  continue  that  Line  from  the  Lake 
westward  to  S'  Lawrence  River,  I  am  to  apply  to  you  for  a  further  aid  for  that  most  essential 
service. 


1773.]  William  Tryon,  Esq  :  Governor.  1855 

The  General  Assembly  of  New  Jersey  having  lately  passed  an  Act  similar  to  your  own  for 
ascertaining  the  Boundary  between  the  two  Governments,  and  securing  certain  Borderers  in 
the  quiet  Possession  of  their  Settlements,  and  as  I  am  informed  the  King's  Commission  and 
the  proceedings  had  thereon  will  be  very  speedily  Transmitted  to  his  Miijesty,  I  entertain  the 
wannest  Expectations  that  the  Royal  Decision  in  the  Case  will  shortly  be  obtained.  These 
Particulars  appear  to  me  to  be  so  interesting  to  the  Peace  and  Prosperity  of  the  Country  that  I 
cou'd  not  avoid  urging  to  you  their  Importance. 

I  have  been  obliged  to  order  considerable  Repairs  to  be  made  to  the  Mansion  House  in  Fort 
George  to  make  it  Habitable,  the  Estimates  of  which  shall  be  laid  before  you. 

Gentlemen  of  the  General  Assembly, 

The  Sum  of  Money  voted  the  last  sessions  for  repairing  the  Battery  in  Fort  George  has 
been  appropriated  to  such  necessary  useful  and  ornamental  Purposes,  as  afford  the  clearest 
Demonstration  of  the  Expediency  and  Propriety  of  that  Vote,  and  cannot  fail  of  giving 
Satisfaction  to  the  Public. 

Having  nothing  immediately  in  Charge  from  his  Majesty  to  communicate  to  you,  I  shall  at 
present  only  recommend  to  make  Provision  for  the  Extra  Services  I  have  just  now  mentioned, 
the  usual  Support  of  Government,  and  the  necessary  Supplies  for  his  Majesty's  Troops. 

Gentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly, 

It  is  with  the  highest  Satisfaction  I  view  the  present  flourishing  State  of  this  Country,  and 
the  good  Order  Industry  and  Unanimity  among  its  Inhabitants,  Blessings  I  ardently  wish  to 
see  continued  and  improved. 

It  is  evident  nothing  can  so  much  ensure  an  Increase  of  Wealth  to  the  Colony  as  a  due  Care 
that  the  good  Quality  of  our  staple  Commodities  may  establish  a  Reputation  at  foreign 
Markets.  Your  attention  to  this,  as  also  to  the  Mischiefs  arising  from  the  Circulation  of  a  vast 
Quantity  of  counterfeit  Currency  lately  brought  into  this  Country,  are  objects  deserving  your 
Consideration. 

The  Happiness  I  enjoy  by  my  Royal  Masters  gracious  Appointment  of  me  to  this  Province, 
I  acknowledge  with  that  Duty  and  affection,  which  warms  the  loyal  Breast;  and  the  friendly 
Consideration  and  Attention  I  have  experienced  from  all  Ranks,  not  only  increases  this 
Happiness,  but  cherishes  the  growing  Attachment  I  feel  for  the  Interest  of  this  Colony;  which 
however  I  am  sensible  can  only  be  extensively  and  beneficially  drawn  into  Action  by  your 
generous  Aid  and  Assistance  in  the  Honorable  Support  of  the  Dignity  of  his  Majesty's 
Government,  and  the  Felicity  of  his  People. 

Fort  George  New  York  WM  TRYON. 

6th  January  1773. 

Ordered,  that  his  Excellencys  Speech  be  forthwith  printed. 

Mr  De  Lancey  then  moved  that  an  humble  Address  be  presented  to  his  Excellency  the 
Governor  in  Answer  to  his  Speech,  which  Motion  being  seconded  and  agreed  to, 

Resolved,  that  an  humble  Address  be  presented  to  his  Excellency  accordingly. 

Ordered,  that  Mr  De  Lancey  Mr  Morris  and  Mr  Smith  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draft  of  the  said  Address,  and  that  they  prepare  and  bring  in  the 
same  by  Friday  next. 

The  Council  adjourned  until  Friday  next  at  11  o  Clock  in  the  Morning. 


Friday,  the  eighth  day  of  January,  1773. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  H.onom  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  W.  APTIIORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Smith  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  his 
Excellency  the  Governor  in  Answer  to  his  Speech  reported  that  the  Committee  had  prepared 


Journal  of  the  Legislative  Council  of  New  York. 

the  same,  which  he  read  in  his  Place  and  then  delivered  the  Draft  in  at  the  Table  where  the 
same  was  a«-ain  read  and  being  amended  was  agreed  to  and  ordered  to  be  engrossed. 

The  engrossed  Address  to  his  Excellency  the  Governor  was  read. 

Ordered,  that  the  Speaker  sign  the  said  Address,  and 

The  Speaker  having  signed  the  same  accordingly, 

Ordered,  that  Mr  De  Lancey  and  Mr  Morris  do  wait  on  his  Excellency  the  Governor  and  desire 
to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  humble  Address. 

The  said  Gentlemen  being  returned  reported  that  they  had  waited  on  his  Excellency  the 
Governor  accordingly  and  that  his  Excellency  had  been  pleased  to  appoint  Monday  next  at  11 
o  Clock  in  the  Forenoon  at  Fort  George  for  receiving  the  humble  Address  of  this  House. 

The  Council  adjourned  until  Monday  Morning  at  11  o  Clock. 


Monday,  the  eleventh  day  of  January,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and  with 

The  House  proceeded  to  Fort  George  to  present  the  humble  Address  of  this  House  to  his 
Excellency  the  Governor,  and  being  returned, 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  House  attended  his  Excellency  the  Governor  and  presented  to 
him  the  humble  Address  of  this  House  his  Excellency  had  been  pleased  to  return  a  favorable 
Answer  thereto  which  being  read 

Ordered,  that  the  said  Address  and  Answer  be  entered  in  the  Journal  of  this  House,  which  are 
as  follow 

To  his  Excellency  WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over 
the  Province  of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor 
and  Vice  Admiral  of  the  same. 

The  humble  ADDRESS  of  the  Council  for  the  Province  of  New  York. 

May  it  please  your  Excellency, 

We  his  Majesty's  most  dutiful  and  loyal  subjects  the  Council  for  the  province  of  New  York 
return  your  Excellency  our  Thanks  for  your  speech. 

The  pernicious  Effects  of  a  doubtful  Jurisdiction  in  the  Districts  affected  by  the  uncertain 
Extent  of  the  province,  are  so  manifest,  that  your  Endeavours  to  extinguish  these  destructive 
Controversies  merit  our  grateful  Acknowledgments,  and  animated  by  the  same  laudable 
Motives  with  your  Excellency  of  promoting  Industry,  the  security  of  Property  and  the  general 
Tranquility,  you  may  be  assured  Sir  of  our  cheerful  Concurrence  in  every  Measure,  tending 
to  give  the  Limits  of  the  Province  a  certain  and  permanent  Establishment. 

It  is  so  much  our  Duty  and  our  Interest  to  consult  the  Prosperity  of  this  Country,  that  we 
shall  be  ever  ready  to  contribute  our  Aid  in  the  most  effectual  Manner  to  inhance  the 
Reputation  of  its  staple  Commodities  and  defeat  the  flagitious  Devices  of  those  Pests  of  Society, 
who  have  of  late  been  so  active  in  the  atrocious  Crime  of  counterfeiting  our  Currency  to  the 
Ruin  of  many  poor  unguarded  Persons,  and  the  general  Discredit  of  the  Colony. 

The  Professions  of  your  affectionate  Attachment  to  the  Province  do  Honour  to  its  Inhabitants, 
and  must  afford  them  the  greater  satisfaction,  as  they  are  accompanied  with  such  a  Tenour  of 
Conduct,  as  gives  you  a  just  Claim  to  those  friendly  Marks  of  their  attention  and  consideration, 
which  you  have  condescended  so  publicly  to  approve. 

Happy  under  a  Sovereign  who  is  the  Delight  of  his  People,  and  a  Representative  who  copies 
after  his  Royal  Example  your  Excellency  may  firmly  rely  upon  our  assistance  in  supporting  the 


1773.]  William  Tryon,  Esq :  Governor.  1857 

Dignity  of  his  Majesty's  Government,  and  seconding  your  benevolent  Endeavours  for  promoting 
the  Felicity  of  the  Colony. 

By  Order  of  the  Council 
New  York  8tb  January  1773.  JOHN  WATTS,  Speaker. 

His  Excellency's  ANSWER. 

Gentlemen  of  his  Majesty's  Council, 

I  thank  you  for  your  affectionate  Address. 

It  affords  me  much  satisfaction  to  find  your  Sentiments  correspond  with  mine  in  respect  to 
the  Measures  recommended  in  my  Speech. 

The  favourable  Construction  you  put  upon  upon  the  Tenour  of  my  Conduct  does  me  Honour, 
and  I  place  a  perfect  confidence  in  your  Assistance  to  support  the  important  Duties  of  my 
station. 

W  TYRON. 

Ordered,  that  the  said  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  until  to  Morrow  Morning  Ho  Clock. 


Tuesday,  the  twelfth  day  of  January,  1773. 
The  Council  met  according  to  Adjournment. 

PKESENT  —  The  HonoMi  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HENRY  CRUGER, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  Ho  Clock. 


Wednesday,  (he  thirteenth  day  of  January,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  JOHN  WATES,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  until  Friday  Morning  11  o  Clock. 


Friday,  the  fifteenth  day  of  January,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonWe  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  until  Tuesday  Morning  11  o  Clock. 

233 


1858  Journal  of  the  Legislative  Council  of  New  York. 

Tuesday,  the  nineteenth  day  of  January,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Eonm  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTIIORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HENUY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  De  Witt  with  the  Bill  entitled 
[An  Act  for  the  better  regulating  the  public  Roads  in  the  City  and  County  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Colonel  Woodhull  with  the 
Bill  entitufed  [An  Act  for  punishing  Accessories  to  Felonies  and  Receivers  of  stolen  Goods] 
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. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Clinton  with  the  Bill  entituled 
[An  Act  to  revive  an  Act  entitled  An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange 
County]  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  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  twentieth  day  of  January,  1773. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honllt  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Van  Kleeck  with  the  Bill 
entituled  [An  Act  to  enable  the  Mayor  Recorder  and  Aldermen  and  Commonalty  of  the  City  of 
Albany  for  the  Time  being,  or  the  major  part  of  them,  to  Order  the  raising  a  Sum  not  exceeding 
one  hundred  and  fifty  pounds  for  the  purposes  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  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Col  Philipse  and  Col  Johnson  with  the  Bill  entitled 
[An  Act  further  to  continue  An  Act  entituled  "  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  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  and 

Ordered  a  second  Reading. 


1773.]  William  Tryon,  Esq  :  Governor.  1859 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Rapalje  with  the  Bill  entituled 
[An  Act  to  im power  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the  major 
part  of  them,  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred  pounds  for  the  uses 
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  and 

Ordered  a  second  Reading. 

The  Bill  entitled  [An  Act  for  the  better  regulating  the  public  Roads  in  the  City  and  County 
of  New  York]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  for  punishing  Accessories  to  Felonies  and  Receivers  of  Stolen 
Goods]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  revive  An  Act  entitled  An  Act  for  the  more  equal  Taxation 
of  Estates  in  Orange  County]  was  Read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  Adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  twenty  first  day  of  January,  1773. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  Hono11'  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL. 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  Time  being  or  the  Major  part  of  them,  to  order  the  raising  a  Sum  not 
exceeding  one  hundred  and  fifty  Pounds  for  the  Purposes  therein  mentioned]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entitled  [An  Act  further  to  continue  An  Act  entitled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  or  the  major  part  of  them  to  order  the  raising  a  Sum  not  exceeding  Sixteen  hundred 
Pounds  for  the  Uses  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  punishing  Accessories  to  Felonies  and  Receivers  of  stolen  Goods]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  revive  an  Act  entitled  An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange  County] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 


1860  Journal  of  the  Legislative  Council  of  New  York.  [iJhso"™: 

Mr  Axtell  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  "•one  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  the  Bill 
Ordered  a  third  reading. 
The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twenty  second  day  of  January,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honu/s  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  W.  APTHORPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
further  to  continue  an  Act  entitled  An  Act  for  granting  to  his  Majesty  the  several  Duties  and 
Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House,  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time,  arid 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  for  punishing  Accessories  to  Felonies  and  Receivers  of  Stolen 
Goods]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
said  two  Bills  without  Amendment. 

The  Bill  entituled  [An  Act  to  revive  an  Act  entitled  An  Act  for  the  more  equal  Taxation  of 
Estates  in  Orange  County]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  Time  being  or  the  Major  Part  of  them,  to  order  the  raising  a  Sum  not 
exceeding  One  hundred  and  fifty  Pounds  for  the  purposes  therein  mentioned]  was  read  the  third 
time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Colonel  Frey  with  the  Bill 
entituled  [An  Act  to  increase  the  Number  of  Firemen  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. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Walton  with  the  Bill  entituled 
[An  Act  to  amend  an  Act  entitled  An  Act  for  the  better  clearing  regulating  and  further  laying 
out  public  Highways  in  the  County  of  Suffolk]  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. 

A  Message  from  the  General  Assembly  by  Col :  Johnson  and  Mr  De  Lancey  with  the  Bill 
entitled  [An  Act  to  raise  the  sum  of  sixteen  hundred  Pounds  in  the  County  of  Tryon  to  compleat 


1773.]  William  Tryon,  Esq. :  Governor.  1861 

the  Court  House  and  erect  a  Goal  at  Johnstown  in  said  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Mr  Wilkins  with  the  Bill 
intitled  [An  Act  for  altering  the  place  of  Meeting  of  the  Supervisors  in  the  County  of 
Westchester]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Dewitt  with  the  Bill  entitled 
[An  Act  to  prevent  private  persons  from  erecting  Hospitals  in  the  City  of  Albany  for  the 
purpose  of  inoculating  Persons  for  the  Small  Pox  without  Leave  of  the  Mayor  Recorder 
Aldermen  and  Commonalty  of  the  said  City]  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. 

A  Message  from  the  General  Assembly  by  Mr  Brinkerhoff  and  Colonel  Woodhull  with  the 
Bill  entituled  [An  Act  to  amend  an  Act  intitled  An  Act  for  the  better  laying  out  regulating  and 
keeping  in  Repair  common  and  public  Highways  and  private  Roads  in  the  County  of  Dutches] 
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  until  Tuesday  next  at  11  o  Clock  in  the  Morning. 


Tuesday,  the  twenty  sixth  day  of  January,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUi  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Nicoll  with  the  Bill  entitled 
[An  Act  for  giving  Relief  on  promisory  Notes]  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. 

A  Message  from  the  General  Assembly  by  Colonel  Woodhull  and  Mr  Boerum  with  the  Bill 
entitled  [An  Act  declaring  Winthorps  Patent  to  be  under  the  Jurisdiction  of  the  Town  of 
Brookhaven  in  Suffolk  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Col  Frey  with  the  Bill  entitled 
[An  Act  to  encourage  the  distroying  of  Wolves  and  Panthers  in  the  County  of  Tryon]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Van  Cortlandt  with  the  Bill 
entitled  [An  Act  to  extend  An  Act  entitled  An  Act  to  enable  and  impower  the  Mayor 
Aldermen  and  Commonalty  of  the  City  of  New  York  and  their  Successors  to  prevent  and 
remove  the  Particular  Nusances  within  the  same  to  the  Southward  of  Fresh  Water  :  to  the 
Outward  of  the  said  City]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time,  and 


1862  Journal  of  the  Legislative  Council  of  New  York. 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Col  Schuyler  with  the  Bill  entitled 
[An  Act  to°  continue  An  Act  entitled  An  Act  to  amend  An  Act  entitled  An  Act  to  prevent 
Frauds  in  Debtors  by  extending  the  same  to  Executors  and  Administrators  residing  out  of  this 
Colony  whose  Testators  or  Intestates  leave  effects  within  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,  a  second  reading. 

The  Bill  entituled  [An  Act  to  increase  the  Number  of  Firemen  in  the  City  of  New  York] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  amend  An  Act  entitled  An  Act  for  the  better  clearing 
regulating  and  further  laying  out  public  Highways  in  the  County  of  Suffolk]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Bill  entituled  [An  Act  to  raise  the  Sum  of  sixteen  hundred  Pounds  in  the  County  of 
Tryon  to  compleat  the  Court  House  and  erect  a  Goal  at  Johnstown  in  said  County]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  altering  the  Place  of  meeting  of  the  Supervisors  in  the  County 
of  West  Chester]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  prevent  Private  persons  from  erecting  Hospitals  in  the  City 
of  Albany  for  the  purpose  of  Inoculating  persons  for  the  Small  Pox,  without  leave  of  the 
Mayor  Recorder  Aldermen  and  Commonalty  of  the  said  City]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  amend  An  Act  entituled  An  Act  for  the  better  laying  out 
regulating  and  keeping  in  Repair  Common  and  Public  Highways  and  private  Roads  in  the 
County  of  Dutches]  was  Read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  twenty  seventh  day  of  January,  1773. 

* 

The  Council  met  according  to  adjournment. 

PBESEST—  The  Han*1*  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  W.  APTHOEPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  for  giving  Relief  on  Promisory  Notes]  was  read  the  second  time 

Ordered  to  be  Committed. 

, The  EM  entitled  [An  Act  declaring  Winthorp's  Patent  to  be  under  the  Jurisdiction  of  the 
Town  of  Brockhaven  in  Suffolk  County]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  encourage  the  destroying  of  Wolves  and  Panthers  in  the  County 
oi  Iryon]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

+>/r!ir5  Bil1  Ae"tituled  [An  Act  to  extend  "An  Act  entitled  An  Act  to  enable  and  empower 
Mayor  Aldermen  and  Commonalty  of  the  City  of  New  York   and   their   Successors  to 
revent  and  remove  the  particular  Nusances  within  the  same  to  the  Southward  of  Fresh 
water     to  the  Outward  of  the  said  City]  was  read  the  second  time  and 
Ordered  to  be  Committed. 

Bfil'  entitu!ed,  £A"  Act  to  continue  An  Act  entitled  An  Act  to  amend  An  Act  entitled 
to  prevent  Frauds  in  Debtors  by  extending  the  same  to  Executors  and  Administrators 


1773.]  William  Tryon,  Esq :  Governor.  1863 

residing  out  of  this  Colony  whose  Testators  or  Intestates  have  Effects  within  the  same]  was 
read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House,  on  the  Bill  entituled  [An  Act 
to  increase  the  Number  of  Firemen  in  the  City  of  New  York]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  directed  him  to  report  thes  ame  without  Amendment. 

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

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  amend  An  Act  entitled  An  Act  for  the  better  clearing  regulating  and  further  laying  out 
Public  Highways  in  the  County  of  Suffolk]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  raise  the  Sum  of  sixteen  hundred  pounds  in  the  County  of  Tryon,  to  complete  the  Court 
House,  and  erect  a  Goal  at  Johnstown  in  said  County]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  prevent  private  persons  from  erecting  Hospitals  in  the  City  of  Albany  for  the  purpose  of 
inoculating  persons  for  the  Small  Pox,  without  leave  of  the  Mayor  Recorder  Aldermen  and 
Commonalty  of  the  said  City]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  made  an  amendment  thereto,  which  he  read  in  his  place, 
and  then  delivered  the  Bill  with  the  Amendment  in  at  the  Table,  where  the  Amendment  was 
again  read,  and  being  agreed  to,  the  amendment  was 

Ordered  to  be  engrossed,  and  the  Bill  to  be  read  the  third  time  as  amended. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  twenty  eighth  day  of  January,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honlle  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HENRY  CRUGEE, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

Tne  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Col  Philipse  with  the  Bill 
intitled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in  repair  the  public  Roads  and 


1864  Journal  of  the  Legislative  Council  of  Neio  York. 

Highways  in  the  City  and  County  of  Albany  and  County  of  Tryon]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Mynderse  with  the  Bill  entitled 
[An  Act  to  continue  and  amend  an  Act  entitled  An  Act  for  the  more  effectual  Punishment  of 
persons  who  shall  be  guilty  of  any  of  the  Trespasses  therein  mentioned  in  the  cities  of  New  York 
and  Albany  and  Township  of  Schenectady]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  amend  an  Act  entitled  An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair 
common  and  Public  Highways  and  private  Roads  in  the  County  of  Dutches]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Committe  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  giving  Relief  on  Promissory  Notes]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered,  a  third  Reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
declaring  Winthorp's  Patent  to  be  under  the  Jurisdiction  of  the  Town  of  Brookhaven  in  Suffolk 
County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  encourage  the  destroying  of  Wolves  and  Panthers  in  the  County  of  Tryon]  and"  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act  to 
extend  an  Act  entitled  "An  Act  to  enable  and  empower  the  Mayor  Aldermen  and  Commonalty 
of  the  City  of  New  York  and  their  successors  to  prevent  and  remove  the  particular  Nusances 
within  the  same  to  the  southward  of  Fresh  Water"  to  the  Outward  of  the  said  City]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  the  Bill 

Ordered  a  third  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  continue  An  Act  entitled  An  Act  to  amend  An  Act  entitled  An  Act  to  prevent  Frauds  in 

btors  by  extending  the  same  to  Executors  and  Administrators  residing  out  of  this  Colony 
whose  lestators  or  Intestates  have  Effects  within  the  same]  and  after  some  time  spent  therein, 

Ihe  Speaker  resumed  the  Chair,  and 


1773.J  William  Tryon,  Esq:  Governor.  1865 

Mr  White  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  same  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  the  Bill 

Ordered  a  third  reading. 

The  Bill  entitled  [An  Act  to  prevent  private  Persons  from  erecting  Hospitals  in  the  City  of 
Albany  for  the  purpose  of  inoculating  Persons  for  the  Small  Pox,  without  Leave  of  the  Mayor 
Recorder  Aldermen  and  Commonalty  of  the  said  City]  was  read  the  third  time  as  amended,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Cruger  do  carry  back  the  said  Bill  to  the  General  Assembly  with  the 
Amendment  made  thereto  by  this  House  and  acquaint  the  General  Assembly  that  the  Council 
have  passed  the  Bill  with  the  said  Amendment  to  which  they  desire  their  Concurrence. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twenty  ninth  day  of  January,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honb!l>  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  to  increase  the  Number  of  Firemen  in  the  City  of  New  York] 
was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  altering  the  Place  of  Meeting  of  the  Supervizors  in  the  County  of  Westchester]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  Amendment. 

The  Bill  entituled  [An  Act  to  amend  an  Act  entitled  An  Act  for  the  better  laying  out 
regulating  and  keeping  in  Repair  common  and  public  Highways  and  private  Roads  in  the  County 
of  Dutches]  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  for  giving  Relief  on  Promisory  Notes]  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Bill  entitled  [An  Act  declaring  Winthorp's  Patent  to  be  under  the  Jurisdiction  of  the 
Town  of  Brookhaven  in  Suffolk  County]  was  read  the  third  time  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  to  encourage  the  destroying  of  Wolves  and  Panthers  in  the  County 
of  Tryon]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

234 


Journal  of  the  Legislative  Council  of  New  York.  [3J'h  sS™' 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  this  House  hath  passed 
the  two  last  mentioned  Bills  without  Amendment. 

The  Bill  entitled  [An  Act  to  extend  An  Act  entitled  "An  Act  to  enable  and  empower  the 
Mayor  Aldermen  and  Commonalty  of  the  City  of  New  York  and  their  successors  to  prevent 
and  remove  the  particular  Nusances  within  the  same,  to  the  Southward  of  Fresh  Water  to  the 
Outward  of  the  said  City]  was  read  the  third  lime  and 

On  the  Question  being  put 

Rcsolv/d,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  to  continue  An  Act  entitled  An  Act  to  amend  an  Act  intitlcd  An 
Act  to  prevent  Frauds  in  Debtors  by  extending  the  same  to  Executors  and  Administrators 
residing  out  of  this  Colony  whose  Testators  or  Intestates  have  Effects  within  the  same]  was 
read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  hist  mentioned  Bills  wtihout  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Captain  Seaman  with  the  Bill 
entituled  [An  Act  to  prevent  private  Persons  from  erecting  Hospitals  in  the  City  of  Albany  for 
the  purpose  of  Inoculating  persons  for  the  Small  Pox  without  Leave  of  the  Mayor  Recorder 
Aldermen  and  Commonalty  of  the  said  City]  and  the  amendment  made  thereto  by  this  House, 
acquainting  this  House  that  the  General  Assembly  have  agreed  to  the  said  amendment  and 
desire  that  the  Bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  striking  out  the  present  and  inserting  instead 
thereof  the  following  Title  Viz' 

An  Act  for  regulating  the  practice  of  Inoculation  for  the  small  Pox  in  the  City  of  Albany. 

The  Bill  intitled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  the 
public  Roads  and  Highways  in  the  City  and  County  of  Albany  and  County  of  Tryon]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

The  Bill  entituled  [An  Act  to  continue  and  amend  An  Act  entitled  An  Act  for  the  more  effectual 
Punishment  of  Persons  who  shall  be  guilty  of  any  of  the  Trespasses  therein  mentioned  in  the 
Cities  of  New  York  and  Albany  and  Township  of  Schenectudy]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

A  Message  from  the  General  Assembly  by  Mr  Wilkins  and  Mr  Nicoll  with  the  Bill  entituled 
[An  Act  for  the  better  regulating  and  keeping  in  Repair  the  public  Roads  in  the  Borough  and 
Town  of  Westchester  and  to  levy  Money  to  defray  the  Kxpence  thereof]  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. 

A  Message  from  the  General  Assembly  !:y  Col.  Ten  Broeck  and  Mr  Boerum  with  the  Bill 
intitled  [An  Act  to  empower  the  Justices  of  the  Peace  residing  in  that  part  of  the  Township  of 
Schenectady  therein  mentioned  to  establish  and  regulate  a  Night  Watch  and  for  other  Purposes 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Van  Kleeck  with  the  Bill 
intitled  [An  Act  to  raise  one  hundred  and  fifty  Pounds  for  lowering  a  Pond  commouly  called 


1773.]  William  Tryon,  Esq :  Governor.  1867 

Wickham's  Pond  in  the  Precinct  of  Goshen  in  the  County  of  Orange]  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. 

A  Message  from  the  General  Assembly  by  Colonel  Philipse  and  Colonel  Woodhull  with  the 
Bill  entifculed  [An  Act  to  prevent  the  killing  and  destroying  of  Game  in  the  Manor  of 
Philipseborough  in  the  County  of  Westchester]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Kissam  with  the  Bill  entituled 
[An  Act  better  to  prevent  Persons  from  entering  and  taking  Possession  of  Messuages  Lands 
and  Tenements  by  Force]  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  until  Tuesday  Morning  11  o  Clock. 


Tuesday,  the  second  day  of  February,  1773. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honl!e  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entituled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in  repair  the 
public  Roads  and  Highways  in  the  City  and  County  of  Albany  and  County  of  Tryon]  was  read 
the  third  time  and 

On  the  Question  being  put 

Resolo'd,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  to  continue  and  amend  An  Act  entitled  An  Act  for  the  more 
effectual  punishment  of  Persons  who  shall  be  guilty  of  any  of  the  Trespasses  therein  mentioned 
in  the  Cities  of  New  York  and  Albany  and  Township  of  Schenectady]  was  read  the  third  time  and 

On  the  Question  being  put 

Ilcsolccd,  that  the  said  Bill  do  piss. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  this  House  have  passed 
the  two  last  mentioned  Bills  without  Amendment. 

The  Bill  entitled  [An  Act  for  the  better  regulating  and  keeping  in  repair  the  Public  Roads  in 
the  Borough  and  Town  of  West  Chester,  and  to  levy  Money  to  defray  the  Expence  thereof] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  impower  the  Justices  of  the  peace  residing  in  that  part  of  the 
Township  of  Schenectady  therein  mentioned,  to  establish  and  regulate  a  Night  Watch,  and  for 
other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  raise  one  hundred  and  fifty  pounds  for  lowering  a  pond  commonly 
called  Wickhams  pond  in  the  precinct  of  Goshen  in  the  County  of  Orange]  was  read  the  second 
time  and 

Onlrcd  to  be  Committed. 

The  Bill  entitled  [An  Act  to  prevent  the  Killing  and  destroying  of  Game  in  the  Manor  of 
Philipsborough  in  the  County  of  West  Chester]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Brinckerhoff  with  the  Bill 
entituled  [An  Act  to  prevent  the  Defacing  the  Statues  which  are  erected  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. 


1868  Journal  of  the  Legislative  Council  of  New  York.  [3i'ths'".e™: 

A  Message  from  the  General  Assembly  by  Col  Seaman  &  Mr  Clinton  with  the  Bill  entitled 
[An  Act  to  prevent  the  firing  of  Guns  and  other  Fire  Arms  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Col  Schuyler  with  the  Bill 
entituled  [An  Act  for  repairing  the  Court  House  and  Common  Goal  in  the  County  of  Ulster] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Rapalje  with  the  Bill  entituled 
[An  Act  to  continue  An  Act  entitled  An  Act  for  apprehending  of  Persons  in  any  County  or 
Place  upon  Warrants  granted  by  Justices  of  the  Peace  of  any  other  County  or  place]  desiring 
the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  Read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordfrcd  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Col  Frey  and  Mr  Brinckerhofif  with  the  Bill 
entituled  [An  Act  to  extend  An  Act  entitled  "An  Act  to  prevent  Damages  by  Swine  in  Dutchess 
County  "  to  the  County  of  Tryon]  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  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  third  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PKESENT —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Wells  with  the  Bill  entituled 
[An  Act  for  the  better  regulation  of  the  Publick  Inns  and  Taverns  in  the  several  Counties  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  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  BrinckerhofT  and  Mr  Van  Cortlandt  with  the 
Bill  entitled  [An  Act  to  revive  An  Act  entituled  An  Act  to  appoint  Inspectors  of  Flour 
and  Repackers  of  Beef  and  Pork  in  the  several  Counties  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  and 

Ordered  a  second  Reading. 

The  Bill  entituled  [An  Act  to  prevent  the  Defacing  the  Statues  which  are  erected  in  the  City 
of  New  York]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  prevent  the  firing  of  Guns  and  other  Fire  Arms  within  this 
Colony]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  for  Repairing  the  Court  House  and  common  Goal  in  the  County 
ol  Ulster]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  entituled  [An  Act  to  continue  an  Act  intituled  An  Act  for  apprehending  of  persons 
n  any  County  or  place  upon  Warrants  granted  by  Justices  of  the  Peace  of  any  other  County 
or  place]  was  read  the  second  time  and 

Ordered  to  be  Committed. 


1773.]  William  Tryon,  Esq:  Governor.  1869 

The  Bill  entitled  [An  Act  to  extend  An  Act  entitled  An  Act  to  prevent  Damages  by  Swine 
in  Dutches  County  to  the  County  of  Tryon]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the  Major  part  of 
them  to  order  the  raising  a  sum  not  exceeding  sixteen  hundred  Pounds  for  the  uses  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  impower  the  Justices  of  the  Peace  residing  in  that  part  of  the  Township  of  Schenectady 
therein  mentioned  to  establish  and  Regulate  a  Night  Watch  and  for  other  purposes  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  raise  one  hundred  and  fifty  Pounds  for  lowering  a  Pond  commonly  called  Wickhams 
Pond  in  the  precinct  of  Goshen  in  the  County  of  Orange]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  prevent  the  Killing  and  Destroying  of  Game  in  the  Manor  of  Philipsborough  in  the  County 
of  Westehester]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  Plouse  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. 

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  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


1870  Journal  of  the  Legislative  Council  of  New  York.  [3^  ££•»• 

Thursday,  the  fifth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honolu  JOIIN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGEU  MOKRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 

WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  prevent  the  defacing  the  Statues  which  are  erected  in  the  City  of  New  York]  arid  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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 

Rcsolccd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  repairing  the  Court  House  and  common  Goal  in  the  County  of  Ulster]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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  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 

Jtcsolccd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  the  Council  have  passed 
the  two  last  mentioned  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  continue  An  Act  entitled  An  Act  for  apprehending  of  Persons  in  any  County  or  place  upon 
Warrants  granted  by  Justices  of  the  peace  of  any  other  County  or  Place]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  the  same  without  Amendment. 

Which  Rt-port  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 

_  A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Brugh  with  the  Bill  entitled 
[An  Act  to  raise  fifteen  hundred  Pounds  for  draining  the  Drowned  Lands  in  the  precinct  of 
Goshen  in  Orange  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Billop  with  the  Bill  entitled  [An 
Act  to  facilitate  the  Return  of  his  Majesty's  Commission  under  the  Great  Seal  of  Great  Britain 
and  the  proceedings  thereon  for  setting  the  Boundary  Liue  between  this  Colony  and  New  Jersey] 
desiring  the  Concurrence  of  the  Council  thereto. 

O/dt-red,  that  the  said  Bill  be  read. 

Then  the  said  Bill  be  read  the  first  time  and 

Ordered  a  second  reading. 


1773.]  William  Tryon,  Esq  :  Governor.  1871 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Gale  with  the  Bill  entitled  [An 
Act  to  regulate  the  Gunging  of  Liquors  and  for  other  Purposes  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  and 

Ordered  a  second  reading. 

The  Bill  entituled  [An  Act  for  the  better  Regulating  of  the  publick  Inns  and  Taverns  in  the 
several  Counties  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  revive  An  Act  entitled  An  Act  to  appoint  Inspectors  of  Flour 
and  Repackers  of  Beef  and  Pork  in  the  several  Counties  therein  mentioned]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  facilitate  the  Return  of  his  Majesty's  Commission  under  the 
Great  Seal  of  Great  Britain  and  the  proceedings  thereon  for  setling  the  Boundary  Line  between 
this  Colony  and  New  Jersey]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  raise  fifteen  hundred  Pounds  for  draining  the  Drowned  Lands  in 
the  Precinct  of  Goshen  in  Orange  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Saturday,  the  sixth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Hon*>le  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
ROGEU  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  raise  fifteen  hundred  Pounds  for  draining  the  Drowned  Lands  in  the  precinct  of  Goshen  in 
Orange  County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  Bill  and  the  Bill  entitled  [An  Act  to  continue  An  Act  entitled  An  Act  for  apprehending  of 
Persons  in  any  County  or  Place  upon  Warrants  granted  by  Justices  of  the  Peace  of  any 
other  County  or  Place]  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  facilitate  the  return  of  his  M  ijesty's  Commission  under  the  Great  Seal  of  Great  Britain  and 
the  Proceedings  thereupon  for  setling  the  Boundary  Line  between  this  Colony  and  New  Jersey] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Committee  had  gone  through  the  same  and  had  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  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put, 


1872  Journal  of  the  Legislative  Council  of  New  York. 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
last  mentioned  Bill  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committe  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  extend  An  Act  entitled  "An  Act  to  prevent  Damages  by  Swine  in  Dutches  County,"  to  the 
Counties  of  Tryon  and  Cumberland]  and  after  some  time  spent  therein, 

The  Sneaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

The  Bill  entitled  [An  Act  to  regulate  the  gauging  of  Liquors  and  for  other  Purposes  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Colonel  Philipse  with  the  Bill 
entituled  [An  Act  to  prevent  Aged  and  Decrepid  Slaves  from  becoming  burthensome  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. 

Mr  Banyar  Deputy  Secretary  delivered  a  Message  from  his  Excellency  the  Governor,  that  his 
Excellency  required  the  attendance  of  this  House  at  the  Council  Chamber  at  Fort  George. 

The  Speaker  left  the  Chair,  and  with 

The  House  went  to  the  Council  Chamber  in  Fort  George  where  being  met  his  Excellency 
came  to  the  Council  Chamber,  and  sent  a  Message  to  the  General  Assembly  requiring  the 
immediate  attendance  of  this  House,  and 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  in  the  presence  of  both  Houses  was  pleased  to  give  his  assent 
to  twenty  four  Bills  the  Titles  whereof  are  as  follow. 

An  Act  further  to  continue  an  Act  entitled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  to  continue  an  Act  entitled  an  Act  to  amend  an  Act  entitled  an  Act  to  prevent  Frauds 
in  Debtors  by  extending  the  same  to  Executors  and  Administrators  residing  out  of  this  Colony 
whose  Testators  or  Intestates  have  Effects  within  the  same. 

An  Act  to  continue  An  Act  entitled  An  Act  for  apprehending  of  Persons  in  any  County  or 
Place  upon  Warrants  granted  by  Justices  of  the  peace  of  any  other  County  or  Place. 

An  Act  to  facilitate  the  Return  of  his  Majesty's  Commission  under  the  Great  Seal  of  Great 
Britain  and  the  proceedings  thereon  for  setting  the  Boundary  Line  between  this  Colony  and 
New  Jersey. 

An  Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the 
Major  part  of  them  to  order  the  raising  a  Sum  not  exceeding  sixteen  hundred  Pounds  for  the  uses 
therein  mentioned. 

An  Act  to  extend  An  Act  entitled  An  Act  to  enable  and  empower  the  Mayor  Aldermen  and 
Commonalty  of  the  City  of  New  York  and  their  Successors  to  prevent  and  remove  the 
particular  Nusances  within  the  same  to  the  Southward  of  Freshwater,  to  the  Outward  of  the 
said  City. 

An  Act  to  increase  the  Number  of  Firemen  in  the  City  of  New  York. 

An  Act  to  prevent  the  defacing  the  Statues  which  are  erected  in  the  City  of  New  York. 

An  Act  to  continue  and  amend  An  Act  entitled  An  Act  for  the  more  effectual  Punishment  of 
Persons  who  shall  be  guilty  of  any  of  the  Trespasses  therein  mentioned  in  the  Cities  of  New 
York  and  Albany  and  Township  of  Schenectady. 

An  Act.  for  regulating  the  Practice  of  Inoculation  for  the  Small  Pox  in  the  City  of  Albany. 

An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of  Albany 
for  the  time  being  or  the  Major  part  of  them,  to  order  the  raising  a  sum  not  exceeding  one 
hundred  and  fifty  Pounds  for  the  Purposes  therein  mentioned. 

An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  the  public  Roads  and 
Highways  in  the  City  and  County  of  Albany  and  County  of  Tryon. 

^  An  Act  to  empower  the  Justices  of  the  Peace  residing  in  that  part  of  the  Township  of 
Schenectady  therein  mentioned  to  establish  and  regulate  a  Night  Watch  and  for  other  purposes 
therein  mentioned. 

An  Act  for  repairing  the  Court  House  and  common  Goal  in  the  County  of  Ulster. 
An  Act  to  amend  an  Act  entitled  An  Act  for  the  better  laying  out  regulating  and  keeping  in 
Repair  common  and  public  Highways  and  private  Roads  in  the  County  of  Dutches. 


1773]  William  Tryon,  Esq  :  Governor.  1873 

An  Act  to  revive  an  Act  entitled  An  Act  for  the  more  equal  Taxation  of  Estates  in  Orange 
County. 

An  Act  for  raising  fifteen  hundred  Pounds  for  draining  the  Drowned  Lands  in  the  Precinct  of 
Goshen  in  Orange  County. 

An  Act  to  raise  one  hundred  and  fifty  Pounds  for  lowering  a  Pond  commonly  called 
Wickham's  Pond  in  the  precinct  of  Goshen  in  the  County  of  Orange. 

An  Act  for  altering  the  Place  of  Meeting  of  the  Supervisors  in  the  County  of  Westchester. 

An  Act  to  prevent  the  killing  and  destroying  of  Game  in  the  Manor  of  Philipsborough  in  the 
County  of  Westchester. 

An  Act  to  amend  an  Act  intitled  An  Act  for  the  better  clearing  regulating  and  further  laying 
out  public  Highways  in  the  County  of  Suffolk. 

An  Act  declaring  Winthorp's  Patent  to  be  under  the  Jurisdiction  of  the  Town  of 
Brookhaven  in  Suffolk  County. 

An  Act  to  raise  the  sum  of  sixteen  hundred  Pounds  in  the  County  of  Tryon  to  complete  the 
Court  House  and  erect  a  Goal  at  Johnstown  in  said  County. 

And  An  Act  to  encourage  the  destroying  of  Wolves  and  Panthers  in  the  County  of  Tryou. 

After  which  the  Council  being  returned  to  the  Council  in  the  City  Hall 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Tuesday  next  at  11  o  Clock  in  the  Morning. 


Tuesday,  the  ninth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Colonel  Ten  Broeck  and  Colonel  Frey,  with  the 
Bill  entitled  [An  Act  to  run  out  the  Lines  of  Division  between  the  Counties  of  Albany,  Tryon 
and  Charlotte  and  also  the  Lines  of  the  several  Districts  in  the  said  counties  of  Albany  and 
Tryon]  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  i-ead. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordircd  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Ten  Eyck  with  the  Bill 
entitled  [An  Act  to  revive  and  continue  An  Act  entitled  An  Act  to  prevent  the  Destruction  of 
Deer  by  Bloodhounds  or  Beagles  in  the  Counties  of  Albany  Ulster  and  Orange]  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. 

Mr  Axtell  moved  that  a  Bill  which  he  held  in  his  hand  entitled  [An  Act  to  regulate  the  Sale 
of  Bricks  within  the  City  and  County  of  New  York]  might  be  read. 

And  the  said  Motion  being  seconded  the  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  entitled  [An  Act  to  prevent  Aged  and  Decrepit  Slaves  from  becoming  Burthensome 
within  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  regulate  the  gauging  of  Liquors  and  for  other  Purposes  therein 
mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

235 


Journal  of  the  Legislative  Council  of  New  York. 

M'  Wallace  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  (rone  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  the  Bill 
Ordered  a  third  reading. 
The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  tenth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Hono116  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  regulate  the  gauging  of  Liquors  and  for  other  Purposes  therein 
mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entituled  [An  Act  to  extend  an  Act  entitled  An  Act  to  prevent  Damages  by  Swine 
in  Dutches  County;  to  the  counties  of  Tryon  and  Cumberland]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  this  House  hath  passed 
the  said  two  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  prevent  Aged  and  Decrepit  Slaves  from  becoming  Burthensome  within  this  Colony]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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. 

The  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  to  prevent  the  Destruction  of 
Deer  by  Blood  Hounds  or  Beagles  in  the  Counties  of  Albany  Ulster  and  Orange]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

The  Bill  entitled  [An  Act  to  regulate  the  sale  of  [Bricks  within  the  City  and  County  of  New 
York]  was  read  the  second  time  and 
Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Mr  De  Lancey  with  the  Bill 
entitled  [An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  common  and  public 
Highways  in  Richmond  County]  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. 


1773.]  William  Tryon,  Esq:  Governor.  1875 

The  Bill  entitled  [An  Act  to  run  out  the  Lines  of  Division  between  the  Counties  of  Albany 
Tryon  and  Charlotte,  and  also  the  Lines  of  the  several  Districts  in  the  said  counties  of  Albany 
and  Tryon]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  clock. 


Thursday,  the  eleventh  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT —  ThcHo?ioUe  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  prevent  the  firing  of  Guns  and  other  Fire  Arms  within  this  Colony]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  several  amendments  thereto  which  he  read  in  his  place 
and  then  delivered  the  Bill  with  the  amendments  in  at  the  Table,  where  the  same  was  again 
read,  and  being  agreed  to  and  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  as  amended  do  pass. 

Ordered,  that  Mr  Morris  do  carry  back  the  said  Bill  to  the  General  Assembly  with  the 
Amendments  made  thereto  by  this  House  and  acquaint  the  General  Assembly  that  this  House 
have  passed  the  Bill  with  the  said  amendments  to  which  they  desire  the  Concurrence  of  that 
House. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Van  Cortlandt  with  the  said 
Bill  and  the  Amendments  made  thereto  by  this  House  acquainting  this  House  that  the  General 
Assembly  have  agreed  to  the  said  amendments  and  desire  the  bill  may  be  amended  accordingly. 

Then  the  said  Bill  was  amended  accordingly  by  striking  out  the  following  Words  in  the  last 
Line  of  the  second  Page  viz'  Nothing  in  this  Act  shall  be  construed,  to  extend  or  relate  to  the  City 
and  County  of  New  York  and  Nassau  Island,  any  thing  therein  to  the  contrary  notwithstanding  and 
by  striking  out  the  word  to  after  the  word  Act  in  the  third  Line  of  the  third  Page. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  run  out  the  Lines  of  Division  between  the  Counties  of  Albany  Tryon  and  Charlotte  and 
also  the  Lines  of  the  several  Districts  in  the  said  Counties  of  Albany  and  Tryon]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  this  House  hath  passed 
the  said  Bill  and  the  Bill  entitled  [An  Act  to  prevent  Aged  and  Decrepet  Slaves  from  becoming 
burtheusome  within  this  Colony]  without  amendment. 

The  Bill  entituled  [An  Act  to  revive  An  Act  entituled,  An  Act  to  prevent  the  Destruction  of 
Deer  by  Bloodhounds  or  Beagles  in  the  Counties  of  Albany  Ulster  and  Orange]  was  read  the 
third  time,  arid 

On  the  Question  being  put, 


1876  Journal  of  the  Legislative  Council  of  Neio  York.  ["£  aSS!' 

Resolved,  that  the  said  Bill  do  pass. 

A  Message  from  the  General  Assembly  by  Col  Philipse  and  Mr  Walton  with  the  Bill  entitled 
[An  Act  for  the  more  equal  Taxation  of  Estates  and  providing  for  Deficiencies  in  the  Taxes  of 
the  County  of  West  Chester]  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. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Col  Seaman  with  the  Bill  entitled 
[An  Act  to  ascertain  the  size  of  Casks  in  which  Fish  shall  be  sold  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. 

The  Bill  entitled  [An  Act  for  the  better  laying  out,  regulating  and  keeping  in  repair  common 
and  public  Highways  in  Richmond  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  regulate  the  sale  of  Bricks  within  the  City  and  County  of  New  York]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  made  several  amendments  thereto,  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  being  agreed  to 

Ordered,  that  the  Bill  with  the  amendments  be  engrossed. 

The  Council  adjourned  till  to  morrow  morning  11  o  Clock. 


Friday,  the  twelfth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonUe  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Wilkins  and  Mr  Rapalje  with  the  Bill  entitled 
[An  Act  to  revive  An  Act  entituled  [An  Act  to  restrain  Hawkers  and  Pedlars  within  this 
Colony  from  selling  without  Licence  with  an  Addition  thereto]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  for  the  better  regulation  of  the  public  Inns  and  Taverns  in  the  several  Counties  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  made  an  Amendment  thereto,  which  he  read  in  his  place, 
and  then  delivered  the  Bill  with  the  Amendment  in  at  the  Table  where  the  same  were  again 
read,  and  the  Amendment  agreed  to  and  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  Bill  as  amended  do  pass. 

Ordered, ,  that  Mr  Axtell  do  carry  the  Bill  with  the  Amendment  to  the  General  Assembly  and 
acquaint  them  that  thi  House  have  passed  the  Bill  with  the  said  Amendment,  to  which  they 
desire  their  Concurrence. 

The  Bill  entitled  [An  Act  for  the  more  equal  Taxation  of  Estates  and  providing  for 
Deficiencies  of  the  Taxes  in  the  County  of  West  Chester]  was  read  the  Becond  time  and 


1773.]  William  Tryon,  Esq:  Governor.  1877 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  ascertain  the  size  of  Casks  in  which  Fish  shall  be  sold  within 
this  Colony]  was  read  the  second  time  and 
Ordered  to  be  committed. 
The  Council  adjourned  until  Tuesday  next  at  11  o  Clock  in  the  morning. 


Tuesday,  the  sixteenth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoUe  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Colonel  Johnson  with  the  Bill 
entitled  [An  Act  for  the  better  regulation  of  the  publick  Inns  and  Taverns  in  the  several 
Counties  therein  mentioned]  with  the  Amendment  made  thereto  by  this  House  acquainting  this 
House  that  the  General  Assembly  have  agreed  to  the  said  Amendment  and  desire  the  Bill  may 
be  amended  accordingly. 

Then  the  said  Bill  was  accordingly  amended  by  inserting  the  word  Kings  in  page  one  Line 
thirteen  after  the  word  Richmond  and  before  the  word  or. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Colonel  Woodhull  with  the  Bill 
entitled  [An  Act  to  lay  a  Duty  of  Excise  on  Strong  Liquors  in  this  Colony  and  to  appropriate 
the  Money  arising  therefrom]  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. 

A  Message  from  the  General  Assembly  by  Mr  Brush  and  Colonel  Frey  with  the  Bill  entitled 
[An  Act  to  extend  An  Act  entitled,  An  Act  for  laying  out  regulating  and  keeping  in  repair 
common  and  publick  Highways  in  the  County  of  Cumberland"  to  the  County  of  Gloucester] 
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. 

A  Message  from  the  General  Assembly  by  Col  Wells  and  Col  Johnson  with  the  Bill  entitled 
[An  Act  for  raising  the  further  sum  of  two  hundred  and  fifty  Pounds  in  the  County  of  Cumberland 
towards  finishing  the  Court  House  and  Goal  already  erected  in  the  said  County]  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  Bill  entitled  [An  Act  to  revive  An  Act  entitled,  An  Act  to  restrain  Hawkers  and  Pedlars 
within  this  Colony  from  selling  without  Lycence  with  an  addition  thereto]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  ascertain  the  size  of  Casks  in  which  Fish  shall  be  sold  within  this  Colony]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair,  and 


1378  Journal  of  the  Legislative  Council  of  New  York.  [31 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

The  engrossed  Bill  entitled  [An  Act  to  regulate  the  Sale  of  Bricks  within  the  City  and  County 
of  New  York]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  White  do  carry  the  Bill  to  the  General  Assembly  and  desire  their  Concurrence 

thereto. 
The  Council  adjourned  until  to  Morrow  morning  11  o  clock. 


Wednesday,  the  seventeenth  (lay  of  February,  1773. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  more  equal  Taxation  of  Estates  and  providing  for  Deficiencies  in  the  Taxes  of  the 
County  of  Westchester]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  has  passed  the 
said  Bill,  and  the  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  to  prevent  the 
Destruction  of  Deer  by  Bloodhounds  or  Beagles  in  the  Counties  of  Albany  Ulster  and  Orange] 
without  Amendment. 

The  Bill  entitled  [An  Act  to  ascertain  the  Size  of  Casks  in  which  Fish  shall  be  sold  within 
this  Colony]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  to  restrain  Hawkers  and  Pedlars 
within  this  Colony  from  selling  without  Lycence;  with  an  Addition  thereto]  was  read  the  third 
time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Bill  entitled  [An  Act  to  lay  a  Duty  of  Excise  on  Strong  Liquors  in  this  Colony  and  to 
appropriate  the  Money  arising  therefrom]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  extend  An  Act  entitled  "  An  Act  for  laying  out  regulating  and 
keeping  in  Repair  common  and  public  Highways  in  the  County  of  Cumberland"  to  the  County 
of  Gloucester]  was  read  the  second  time  and 
Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  for  raising  the  further  Sum  of  Two  hundred  and  fifty  Pounds  in  the 
County  of  Cumberland  towards  finishing  the  Court  House  and  Goal  already  erected  in  the  said 
County]  was  read  the  second  time  and 
Ordered  to  be  Committed. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


1773.]  William  Tnjon,  Esq :  Governor.  1879 

Thursday,  the  eighteenth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHOPE, 
ROGER  MORRIS, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  extend  An  Act  entitled  An  Act  for  laying  out  regulating  and  keeping  in  Repair  common  and 
public  Highways  in  the  County  of  Cumberland ;  to  the  County  of  Gloucester]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An  Act 
for  raising  the  further  Sum  of  Two  hundred  and  fifty  pounds  in  the  County  of  Cumberland 
towards  finishing  the  Court  House  and  Goal  already  erected  in  the  said  County]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Wilkins  with  the  Bill  entituled 
[An  Act  to  oblige  Collectors  and  Constables  to  give  Security  for  the  faithful  Performance  of 
their  respective  Offices]  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  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  nineteenth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 
PRESENT  —  The  Honourable,  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Wilkins  with  the  Bill  entitled 
[An  Act  to  lay  a  Tax  on  Dogs  in  the  Township  of  Huntington  in  Suffolk  County]  desiring  the 
Concurrence  of  the  Council  thereto. 


1880  Journal  of  the  Legislative  Council  of  New  York. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Col.  Philipse  with  the  Bill  entitled 
[An  Act  more  effectually  to  call  in  the  Bills  of  Credit  of  this  Colony  and  for  cancelling  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  a  second  reading. 

The  Bill  entitled  [An  Act  to  oblige  Collectors  and  Constables  to  give  Security  for  the 
faithful  Performance  of  their  respective  Offices]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Colonel  Woodhull  and  Mr  Kissam  desiring  to  know 
what  Progress  this  House  have  made  on  the  Bill  entitled  [An  Act  for  the  better  regulating  and 
keeping  in  Repair  the  public  Roads  in  the  Borough  and  Town  of  Westchester  and  to  levy 
Money  to  defray  the  expence  thereof. 

In  answer  to  which  Message  It  is 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  said  Bill  has  been  twice 
Read  and  is  now  under  Commitment. 

The  Council  adjourned  until  Tuesday  next  at  1 1  o  Clock  in  the  Morning. 


Tuesday,  the  tiventy  third  day  of  February  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esqrt. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  De  Noyelles  with  the  Bill 
entitled  [An  Act  to  regulate  the  Office  of  Under  sheriff  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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Colonel  Frey  with  the  Bill  entitled 
[An  Act  to  amend  an  Act  entitled  An  Act  for  the  better  clearing  mending  arid  further  laying 
out  public  High  Roads  and  others  in  the  County  of  Ulster]  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. 

A  Message  from  the  Genera!  Assembly  by  Mr  Walton  and  Mr  Boerum  with  the  Bill  entitled 
[An  Act  to  amend  an  Act  entitled  An  Act  to  amend  an  Act  entitled  An  Act  to  prevent  the 
Exportation  of  unmerchantable  Flour  and  the  false  taring  of  Bread  and  Flour  Casks]  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. 

A  Message  from  the  General  Assembly  by  Col.  Wells  and  Mr  Ten  Eyck  with  the  Bill 
entitled  [An  Act  to  amend  an  Act  entitled  "An  Act  for  regulating  Inns  and  Taverns  in  the 
County  of  Cumberland,"  and  to  extend  the  same  to  the  County  of  Gloucester]  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Ten  Eyck  with  the  Bill  entitled 
[An  Act  for  the  better  laying  out  and  keeping  in  Repair  common  public  and  private  Highways 
in  the  County  of  Orange]  desiring  the  Concurrence  of  the  Council  thereto. 


1773.]  William  Tryon,Esq:  Governor.  1881 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  entitled  [An  Act  to  lay  a  Tax  on  Dogs  in  the  Township  of  Huntington  in  Suffolk 
County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  more  effectually  to  call  in  the  Bills  of  Credit  of  this  Colony  and 
for  cancelling  the  same]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Col.  Frey  and  Mr  Gale  with  the  Bill  entitled 
[An  Act  for  establishing  and  regulating  Ferries  in  the  County  of  Tryon]  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. 

A  Message  from  the  General  Assembly  by  Colonel  Johnson  and  Colonel  Ten  Brook  with  the 
Bill  entitled  [An  Act  to  change  the  Names  of  certain  Districts  in  the  County  of  Tryon  and  to 
alter  the  Bounds  of  others  in  the  County  of  Albany]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  oblige  Collectors  and  Constables  to  give  security  for  the  faithful  Performance  of  their 
respective  offices]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  twenty  fourth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  HonoMe  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
WILLIAM  AXTELL,  Esqr*. 

The  Speaker  assumed  the  Chair. 

Mr  Smith  moved  that  a  Bill  which  he  held  in  his  Hand  entitled  [An  Act  to  prevent  Frauds  in 
the  sale  of  Bread]  might  be  read : 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Brugh  and  Colonel  Schuyler  with  the  Bill 
entitled  [An  Act  respecting  Fairs  in  the  Counties  of  Albany  Cumberland  and  Tryon]  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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Colonel  Philips  with  the  Bill  entitled 
[An  Act  to  remedy  the  Evil  this  Colony  is  exposed  to  from  the  great  Quantities  of  Counterfeit 
Money  introduced  into  it]  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. 

A  Message  from  the  General  Assembly  by  Mr  Brush  and  Col  Frey  with  the  Bill  entitled 
[An  Act  tor  fixing  the  allowance  to  the  Representatives  of  the  Counties  of  Tryon  and 
Cumberland]  desiring  the  Concurrence  of  the  Council  thereto. 

Oidered,  that  the  said  Bill  be  read. 

236 


1882  Journal  of  the  Legislative  Council  of  New  York. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Bill  entitled  [An  Act  to  amend  an  Act  entitled  An  Act  for  regulating  Inns  and  Taverns 
in  the  County  of  Cumberland  and  to  extend  the  same  to  the  County  of  Gloucester]  was  read 
the  second  time  arid 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

The  Bill  entitled  [An  Act  for  establishing  and  regulating  Ferries  in  the  County  of  Tryon] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

The  Bill  entitled  [An  Act  to  change  the  Names  of  certain  Districts  in  the  County  of  Tryon 
and  to  alter  the  Bounds  of  others  in  the  County  of  Albany]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

The  Bill  entitled  [An  Act  to  regulate  the  office  of  Under  or  Deputy  Sheriff  within  this 
Colony]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  amend  an  Act  entitled  An  Act  for  the  better  clearing  mending 
and  further  laying  out  public  High  Roads  and  others  in  the  County  of  Ulster]  was  read  the 
second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  for  the  better  laying  out  and  keeping  in  Repair  common  public  and 
private  Highways  in  the  County  of  Orange]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  twenty  fifth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT—  TheHon™6   DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  amend  an  Act  entitled  An  Act  for  regulating  Inns  and  Taverns 

lu    ^-  (tounty  of  Cumberland  and  to  extend  the  same  to  the  County  of  Gloucester]  was  read 
the  third  time  and 


1773.]  William  Tryon,  Esq. :  Governor.  1883 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  for  establishing  and  regulating  Ferries  in  the  County  of  Tryon] 
was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  this  House  hath  passed 
the  said  two  Bills  without  Amendment. 

The  Bill  entitled  [An  Act  to  change  the  Names  of  certain  Districts  in  the  County  of  Tryon 
and  to  alter  the  Bounds  of  others  in  the  County  of  Albany]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  to  oblige  Collectors  and  Constables  to  give  security  for  the  faithful 
Performance  of  their  respective  Offices]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  this  House  hath  passed 
the  two  last  mentioned  Bills  without  Amendment. 

The  Bill  entituled  [An  Act  to  prevent  Frauds  in  the  Sale  of  Bread]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  to  be  engrossed. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Kissam  with  the  Bill  entitled 
[An  Act  for  the  settlement  and  Relief  of  the  Poor]  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. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Dewitt  with  the  Bill 
entitled  [An  Act  to  regulate  the  Practice  of  tnnoculation  for  the  Small  Pox  in  Queens  County] 
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  Bill  entitled  [An  Act  respecting  Fairs  in  the  Counties  of  Albany,  Cumberland  and  Tryon] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  remedy  the  Evil  this  Colony  is  exposed  to  from  the  great 
Quantities  of  Counterfeit  Money  introduced  into  it]  was  read  the  second  time  and 

Ordcn.d  to  be  Committed. 

The  Bill  entitled  [An  Act  for  fixing  the  Allowance  to  the  Representatives  of  the  Counties  of 
Tryon  and  Cumberland]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  to  amend  an  Act  entitled  An  Act  for  the  better  clearing  mending  and  further  laying  out 
public  High  Roads  and  others  in  the  County  of  Ulster]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1884  Journal  of  the  Legislative  Council  of  New  York. 

Friday,  the  twenty  sixth  day  of  February,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honob!e  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  engrossed  Bill  entitled  [An  Act  to  prevent  Frauds  in  the  Sale  of  Bread]  was  read  the 
tlird  time  and 

On  the  Question  being  put 

Resolved,  that  the  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  carry  the  Bill  to  the  General  Assembly  and  desire  their 
Concurrence  thereto. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Clinton  with  the  Bill 
entitled  [An  Act  for  the  Amendment  of  the  Law  and  the  better  advancement  of  Justice] 
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. 

A  Message  from  the  General  Assembly  by  Col  Woodhull  and  Mr  Walton  with  the  Bill 
entitled  [An  Act  to  amend  an  Act  entitled  An  Act  to  confirm  certain  ancient  Conveyances  and 
directing  the  Manner  of  proving  Deeds  to  be  recorded]  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  Bill  entitled  [An  Act  for  the  Settlement  and  Relief  of  the  Poor]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  regulate  the  Practice  of  Inoculation  for  the  small  Pox  in  Queens 
County]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  amend  an  Act  entitled  An  Act  for  the  better  clearing  mending 
and  further  laying  out  public  High  Roads  and  others  in  the  County  of  Ulster]  was  read  the 
third  time  and 

On  the  Question  being  put 

Rcsolccd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  for  fixing  the  allowance  of  the  Representatives  of  the  Counties  of  Tryon  and  Cumberland] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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  Mr  White  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
two  last  mentioned  Bills  without  Amendment. 

A  Message  from  the  General  Assembly  by  Colonel  Ten  Broeck  and  Colonel  Wells  with  the 
Bill  entitled  [An  Act  to  appoint  Commissaries  to  settle  a  Line  or  Lines  of  Jurisdiction  between 
this  Colony  and  the  Province  of  the  Massachusets  Bay]  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. 


1773.]  William  Tryon,  Esq  :  Governor.  1885 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  more  effectually  to  call  in  the  Bills  of  Credit  of  this  Colony  and  for  cancelling  the  same] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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 

Rcsohcd,  that  the  said  Bill  do  pass, 

The  Council  adjourned  until  Tuesday  next  at  11  o  Clock  in  the  Morning. 


Tuesday,  the  second  day  of  March,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  T/ic  Honoble  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
EOGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  for  the  amendment  of  the  Law  and  the  better  advancement  of 
Justice]  was  read  the  second  time  and 

Orderid  to  be  committed. 

The  Bill  entitled  [An  Act  to  appoint  Commissaries  to  settle  a  Line  or  Lines  of  Jurisdiction 
between  this  Colony  and  the  Province  of  the  Massachusets  Bay]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

A  Message  from  the  General  Assembly  by  Mr  Brush  and  Mr  Clinton  with  the  Bill  entitle;! 
[An  Act  to  ascertain  the  place  from  whence  the  Mileage  fees  of  the  respective  Sherifs  of  the 
several  Counties  therein  named  shall  be  computed  and  for  other  purposes  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  and 

Ordered  a  second  reading. 

A  Me.-sage  from  the  General  Assembly  by  Mr  Wilkins  and  Colonel  Philips  with  the  Bill 
entitled  [An  Act  to  repeal  An  Act  entitled  An  Act  to  prevent  infectious  Distempers  in  the 
Counties  therein  mentioned,  so  far  as  it  relates  to  the  Borough  and  Town  of  West  Chester,  and 
Manor  of  Philipsborough]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Mynderse  with  the  Bill 
entitled  [An  Act  for  the  Relief  of  the  Poor  in  the  County  of  Albany]  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. 


1886  Journal  of  the  Legislative  Council  of  New  York. 

The  Bill  entitled  [An  Act  to  amend  An  Act  entitled,  An  Act  to  confirm  certain  ancient 
Conveyances  and  directing  the  manner  of  proving  Deeds  to  be  recorded,  was  read  the  second 

time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  regulate  the  Office  of  under  or  Deputy  Sherif  within  this  Colony]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
last  mentioned  Bill  and  the  Bill  entitled  [An  Act  more  effectually  to  call  in  the  Bills  of  Credit 
of  this  Colony  and  for  cancelling  the  same]  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  for  the  better  laying  out  and  keeping  in  repair  common  public  and  private  Highways  in 
the  County  of  Orange]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  respecting  Fairs  in  the  Counties  of  Albany  Tryon  and  Cumberland]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  Honse  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. 

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  Mr  Smith  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  amendment. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Colonel  Woodhull  with  the  Bill 
entitled  [An  Act  for  the  Relief  of  Insolvent  Debtors  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. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Mr  Walton  with  the  Bill 
entitled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony,  with  respect  to  the 
Imprisonment  of  their  Persons]  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  till  to  Morrow  Morning  11  o  Clock. 


1773.]  William  Tryon,  Esq:  Governor.  1887 

Wednesday,  the  third  day  of  March,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honom  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
WILLIAM  SMITH, 
HENRY  CRUGER, 
HUGH  WALLACE, 
WILLIAM  AXTELL,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  ascertain  the  place  from  whence  the  Mileage  fees  of  the 
respective  Sheriffs  of  the  several  Counties  therein  named  shall  be  computed  and  for  other 
purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  repeal  An  Act  entitled  An  Act  to  prevent  infectious  Distempers 
in  the  Counties  therein  mentioned,  so  far  as  it  relates  to  the  Borough  and  Town  of  West 
Chester  and  Manor  of  Philipsborough]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony  with 
respect  to  the  Imprisonment  of  their  Persons]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  the  relief  of  the  Poor  in  the  County  of  Albany]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  common  and  publick  Highways  in 
Richmond  County]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gonethrough  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  the  amendment  of  the  Law  and  the  better  advancement  of  Justice]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  has  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Bill  entitled  [An  Act  to  appoint  Commissaries  to  settle  a  Line  or  Lines  of  Jurisdiction 
between  this  Colony  and  the  Province  of  the  Massachusets  Bay]  was  read  the  third  time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  revive  An  Act  entitled,  An  Act  to  appoint  Inspectors  of  Flour  and  Repackers  of  Beef 
and  Pork  in  the  several  Counties  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Committee  had  gone  through  the  said  Bill,  and  had  directed  him  to  report  the  same  without 
Amendment. 


Journal  of  the  Legislative  Council  of  New  York. 

Which  Report  on  the  Question  being  put  was  agreed  to  and  approved  of. 
Ordered,  that  (he  saiJ  Bill  bo  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  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  passed 
the  two  last  mentioned  Bills  without  Amendment. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Thursday,  the  fourth  day  of  March,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT— r/te  Honorable   DANIEL  HORSMANDEN,  Eso/,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
HUGH  WALLACE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Van  Kleeck  with  the  Bill 
entitled  [An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  the  Colony  and 
other  purposes  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,  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Clinton  with  the  Bill  entitled 
[An  Act  to  prevent  the  sale  of  Goods  at  night  by  Vendue  Auction  or  Outcry  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. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Van  Cortlandt  with  the  Bill 
entitled  [An  Act  for  the  more  easy  Recovery  of  the  Possession  of  Lands]  desiring  the  concurrence 
of  the  Council  thereto. 

Ordered,  that  the  s;iid  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Colonel  Ten  Brooeck  with  the 
Bill  entitled  [An  Act  for  Naturalizing  the  several  persons  therein  named]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [A.n  Act 
for  the  settlement  and  Relief  of  the  Poor]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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  pas?. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  ascertain  the  Place  from  whence  the  Mileage  Fees  of  the  respective  Sheriffs  of  the  several 
Counties  therein  named  shall  be  computed  and  for  other  purposes  therein  mentioned]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
bad  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. 
Ordered,  that  the  said  Bill  be  read  the  third  time. 


1773.]  William  Tryon,  Esq :  Governor.  1889 

Then  the  said  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  the  relief  of  Insolvent  Debtors  within  this  Colony]  and  after  some  time  spent  therein 

[The  Speaker  resumed  the  Chair,  and] 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entituled  [An 
Act  for  the  Relief  of  the  Poor  in  the  County  of  Albany]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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  cio  pass. 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  for  the  relief  of  insolvent  Debtors  within  this  Colony  with  respect  to  the  Imprisonment  of 
their  persons]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  repeal  An  Act  entitled  An  Act  to  prevent  infectious  Distempers  in  the  Counties 
therein  mentioned  :  so  far  as  it  relates  to  the  Borough  and  Town  of  West  Chester  and  Manor  of 
Philipsburgh]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

Ordtred,  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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Colonel  Woodhull  with  the 
ingrossed  Bill  from  this  House  entitled  [An  Act  to  prevent  Frauds  in  the  sale  of  Bread] 
acquainting  this  House  that  the  General  Assembly  hath  passed  the  same. 

The  Council  adjourned  until  to  morrow  morning  11  o  Clock. 


237 


1890  Journal  of  the  Legislative  Council  of  New  York. 

Friday,  the  fifth  day  of  March,  1773. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORPE, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  lay  a  Duty  of  Excise  on  Strong  Liquors  in  this  Colony  and  to  appropriate  the  money 
arising  therefrom]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  for  the  better  regulating  and  keeping  in  repair  the  publick  Roads  in  the  Borough  and  Town 
of  West  Chester  and  to  levy  money  to  defray  the  Expence  thereof]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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  Mr  White  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  remedy  the  evil  this  Colony  is  exposed  to  from  the  great  quantities  of  Counterfeit 
Money  introduced  into  it]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  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. 

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. 

The  Bill  entitled  [An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this 
Colony  and  other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
1  Wh°'  u  ihrou§h  the  said  Bil1  and  had  directed  him  to  report  the  same  without  Amendment. 

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

Ordered  a  third  reading. 


1773.]  William  Tryon,  Esq:  Governor  1891 

The  Bill  entitled  [An  Act  to  prevent  the  sale  of  Goods  at  Night  by  Vendue  Auction  or 
Outcry  in  the  City  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House,  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. 

The  Bill  entitled  [An  Act  for  the  more  easy  Recovery  of  the  Possession  of  Lands]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

The  Bill  entitled  [An  Act  for  Naturalizing  the  several  Persons  therein  named]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  regulate  the  practice  of  Inoculation  for  the  Small  Pox  in  Queens  County]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  had  directed  him  to  report  that  the  Bill  should 
be  rejected. 

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

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Mr  Wilkins  with  the  Bill  entitled 
[An  Act  to  lay  a  Duty  on  Slaves  that  shall  be  imported  into  this  Colony  after  the  first  Day  of 
September  next]  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. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Nicoll  with  the  Bill  entitled 
[An  Act  for  making  a  further  Provision  of  one  thousand  Pounds  for  furnishing  his  Majesty's 
Troops  quartered  in  this  Colony  with  Necessaries  to  the  first  day  of  January  next]  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  till  4  o  Clock  in  the  Afternoon. 


1892  Journal  of  the  Legislative  Council  of  New  York.  ["ibs^S1 

Friday,  the  fifth  day  of  March,  1773.     P.  M. 
The  Council  met  according  to  adjournment. 

PEESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  lay  a  Duty  on  Slaves  that  shall  be  imported  into  this  Colony 
after  the  first  day  of  September  next]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  for  making  a  further  Provision  of  One  thousand  Pounds  for 
furnishing  his  Majesty's  Troops  quartered  in  this  Colony  with  Necessaries  to  the  first  day  of 
January  next]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Saturday,  the  sixth  day  of  March,  1773. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORPE, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRT  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this 
Colony  and  other  purposes  therein  mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  thatMr  Smith  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the  said 
Bill  and  the  Bill  entitled  [An  Act  to  remedy  the  Evil  this  Colony  is  exposed  to  from  the  great 
Quantities  of  Counterfeit  Money  introduced  into  it]  without  Amendment. 

The  Bill  entitled  [An  Act  to  prevent  the  sale  of  Goods  at  Night  by  Vendue  Auction  or 
Outcry  in  the  City  of  New  York]  was  read  the  third  time  and 

On  the  Question  being 'put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  for  the  more  easy  Recovery  of  the  Possession  of  Lands]  was  read 
the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  this  House  hath  passed 
the  two  last  mentioned  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  amend  An  Act  entitled  An  Act  to  confirm  certain  ancient  Conveyances  and  directing  the 
Manner  of  proving  Deeds  to  be  recorded]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 


1773.]  William  Tryon,  Esq:  Governor.  1893 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  for  Naturalizing  the  several  Persons  therein  mentioned]  was  read 
the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  for  making  a  further  Provision  of  One  thousand  Pounds  for  furnishing  his  Majesty's  Troops 
quartered  in  this  Colony  with  Necessaries  to  the  first  day  of  January  next]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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, 

Rtsohcd,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
last  mentioned  Bill  without  Amendment. 

The  Council  adjourned  till  Monday  Morning  li  o  Clock. 


Monday,  the  eighth  day  of  March,  1773. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  Ronoble  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  William  Tryon  Esquire,  Captain  General  and  Governor  in  Chief  in  and  over 
the  province  of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and 
Vice  Admiral  of  the  same  being  come  to  the  Council  Chamber,  sent  a  Message  by  the  Deputy 
Secretary  requiring  the  immediate  attendance  of  the  General  Assembly  and 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  was  pleased  to  give  his  assent  to  forty  three  Bills,  the  titles 
whereof  are  as  follow 

An  Act  for  making  a  further  Provision  of  One  thousand  Pounds  for  furnishing  his  Majesty's 
Troops  quartered  in  this  Colony  with  Necessaries  to  the  first  day  of  January  next. 

An  Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  this  Colony  and  other 
Purposes  therein  mentioned. 

An  Act  to  lay  a  Duty  of  Excise  on  Strong  Liquors  in  this  Colony  and  to  appropriate  the 
Monies  arising  therefrom. 

An  Act  to  remedy  the  evils  this  Colony  is  exposed  to  from  the  great  Quantities  of  Counterfeit 
money  introduced  into  it. 

An  Act  for  the  settlement  and  Relief  of  the  Poor. 

An  Act  to  appoint  Commissaries  to  settle  a  Line  or  Lines  of  Jurisdiction  between  this  Colony 
and  the  Province  of  the  Massachusets  Bay. 

An  Act  to  regulate  the  Guaging  of  Liquors  and  for  other  purposes  therein  mentioned. 

An  Act  to  ascertain  the  size  of  Casks  in  which  Fish  shall  be  sold  within  this  Colony. 

An  Act  to  revive  An  Act  entituled  [An  Act  to  restrain  Hawkers  and  Pedlars  within  this 
Colony  from  selling  without  Lycence]  with  an  Addition  thereto. 

An  Act  to  regulate  the  office  of  Under  or  Deputy  Sheriff  within  this  Colony. 


Journal  of  the  Legislative  Council  of  New  York. 

An  Act  to  oblige  Collectors  and  Constables  to  give  Security  for  the  faithfull  Performance  of 
their  respective  offices. 

An  Act  to  prevent  the  firing  of  Guns  and  other  Fire  Arms  within  this  Colony. 

An  Act  to  prevent  Aged  and  Decrepit  Slaves  from  becoming  burthensome  within  this  Colony. 

An  Act  to  amend  An  Act  entitled  [An  Act  to  confirm  certain  ancient  Conveyances  and 
directing  the  manner  of  proving  Deeds  to  be  recorded. 

An  Act  for  the  amendment  of  the  Law  and  the  better  advancement  of  Justice. 

An  Act  for  punishing  Accessaries  to  Felonies  and  Receivers  of  stolen  Goods. 

An  Act  for  giving  Relief  on  promissory  Notes. 

An  Act  to  prevent  Fraud  in  the  sale  of  Bread. 

An  Act  to  regulate  the  sale  of  Bricks  within  the  City  and  County  of  New  York. 

An  Act  to  prevent  the  sale  of  Goods  at  night  by  Vendue  Auction  or  Outcry  in  the  City  of 

New  York. 

An  Act  for  the  better  laying  out  and  keeping  in  repair  common  public  and  private  Highways 
in  the  County  of  Orange. 

An  Act  to  amend  An  Act  entitled,  An  Act  for  the  better  clearing  mending  and  further  laying 
out  public  High  Roads  and  others  in  the  County  of  Ulster. 

An  Act  for  the  more  equal  Taxation  of  Estates  and  providing  for  Deficiencies  in  the  Taxes 
in  the  County  of  West  Chester. 

An  Act  for  the  better  regulating  and  keeping  in  Repair  the  public  Roads  in  the  Borough  and 
Town  of  West  Chester  and  to  levy  Money  to  defray  the  expence  thereof. 

An  Act  to  repeal  An  Act  entitled,  An  Act  to  prevent  infectious  Distempers  in  the  Counties 
therein  mentioned  so  far  as  it  relates  to  the  Borough  and  Town  of  West  Chester  and  Manor  of 
Philipsburgh. 

An  Act  for  the  better  laying  out  regulating  and  keeping  in  repair  common  and  public 
Highways  in  Richmond  County. 

An  Act  to  revive  An  Act  entitled,  An  Act  to  appoint  Inspectors  of  Flour  and  Repackers  of 
Beef  and  Pork  in  the  several  Counties  therein  mentioned. 

An  Act  to  ascertain  the  place  from  whence  the  Mileage  Fees  of  the  respective  Sherifs  of  the 
several  Counties  therein  named  shall  be  computed  and  for  other  purposes  therein  mentioned. 

An  Act  for  the  better  regulation  of  the  publick  Inns  and  Taverns  in  the  several  Counties  therein 
mentioned. 

An  Act  for  the  Relief  of  the  Poor  in  the  County  of  Albany. 

An  Act  to  revive  An  Act  entitled,  An  Act  to  prevent  the  Destruction  of  Deer  by  Bloodhounds 
and  Beagles  in  the  Counties  of  Albany  Ulster  and  Orange. 

An  Act  to  run  out  the  Lines  of  Division  between  the  Counties  of  Albany  Tryon  and  Charlotte, 
and  also  the  Lines  of  the  several  Districts  in  the  said  Counties  of  Albany  and  Tryon. 

An  Act  to  change  the  names  of  certain  Districts  in  the  County  of  Tryon,  and  to  alter  the 
Bounds  of  others  in  the  County  of  Albany. 

An  Act  respecting  Fairs  in  the  Counties  of  Albany,  Cumberland  and  Tryon. 

An  Act  for  raising  the  further  sum  of  Two  hundred  and  fifty  Pounds  in  the  County  of 
Cumberland  towards  finishing  the  Court  House  and  Goal  already  erected  in  the  said  County. 

An  Act  for  fixing  the  allowance  to  the  Representatives  of  the  Counties  of  Tryon  and 
Cumberland. 

An  Act  to  extend  An  Act  entitled,  An  Act  to  prevent  Damages  by  Swine  in  Dutches  County 
to  the  Counties  of  Tryon  and  Cumberland. 

An  Act  for  establishing  and  regulating  Ferries  in  the  County  of  Tryon. 

An  Act  to  extend  An  Act  entitled,  An  Act  for  laying  out  regulating  and  keeping  in  Repair 
common  and  publick  Highways  in  the  County  of  Cumberland  to  the  County  of  Gloucester. 

An  Act  to  amend  an  Act  entitled  An  Act  for  regulating  Inns  and  Taverns  in  the  County  of 
Cumberland,  and  to  extend  the  same  to  the  County  of  Gloucester. 

An  Act  for  the  relief  of  Insolvent  Debtors  within  this  Colony. 

An  Act  for  the  relief  of  Insolvent  Debtors  within  this  Colony  with  respect  to  the  Imprisonment 
of  their  Persons.  And 

An  Act  for  Naturalizing  the  several  Persons  therein  named. 

After  which  his  Excellency  the  Governor  was  pleased  to  prorogue  the  General  Assembly 
until  Tuesday  the  fourth  day  of  May  next. 


1773.]  William  Tryon,  Esq :  Governor.  1895 


|N.  T.  Col.  MSS.,  XCIX.,  114.] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  S.)    of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  fourth  day  of 
May  next  I  have  thought  fit  for  his  Majesty's  Service  to  Prorogue  and  I  do  by  and  with  the 
Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  until  the  fifteenth 
day  of  June  now  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  first  day  of  April  one  thousand  seven  hundred  and  seventy  three 
in  the  thirteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third 
by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of 
the  Faith  and  so  forth. 

W    TRYON. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Sucry 

God  save  the  KING. 


[N.  Y.  Col.  MSS..  XCIX.,  131.] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  Nciv  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  fifteenth  day  of 
June  Instant  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  hy  and  with  the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  seventeenth 
day  of  August  now  next  ensuing  Of  which  all  his  Majesty's  Subjects  concerned  therein  are 
required  to  take  Notice  and  Govern  themselves  according!}7. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort  George  in  the  City  of  Neiv  York 
the  ninth  day  of  June  one  thousand  seven  hundred  and  seventy  three  in  the 
thirteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

W"  TRYON. 
By  his  Excellency'' s  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1896  Journal  of  the  Legislative  Council  of  New  Yorlc. 

[N.  T.  Co).  MSS.,  C.,  121  ] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  seventeenth  day 
of  August  next  I  have  thought  fit  for  his  Majesty  Service  to  Prorogue  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  sixth  day  of 
October  now  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  seventh  day  of  July  one  thousand  seven  hundred  and  seventy  three,  in  the 
thirtecttth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 
Faith  and  so  forth. 

WM  TRYON. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  C.,  15.] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  sixth  day  of 
October  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with'the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  seventeenth 
day  of  November  now  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  September  one  thousand  seven  hundred  and  seventy 
three,  in  the  thirteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the 
Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth. 

W     TRYON. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Secry. 

God  save  the  KING. 


1774.]  William  Tryon,  Esq  :  Governor.  1897 

[  N.  T.  Col.  MSS.,  C.,  S7.  ] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  this  day  I  have 
thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the  Advice  of  his  Majesty's 
Council  farther  Prorogue  the  said  General  Assembly  to  the  sixth  day  of  January  now  next 
ensuing,  then  to  meet  to  proceed  upon  Business.  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  seventeenth  day  of  November  one  thousand  seven  hundred  and  seventy 
three,  in  the  fourteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the 
Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth. 

WM  TRYON. 
By  his  Excellency's  Command 

Gw  BANYAR  D  Sccry. 

God  save  the  KING. 


THIRTY-FIRST   ASSEMBLY    SIXTH    SESSION. 


At  a  Session  of  the  Governor  Council  and  General  Assembly  for  the  Province  of 
New  York  begun  and  holden  at  the  City  Hall  in  the  City  of  New  York  on  Thursday 
the  sixth  Day  of  January  in  the  fourteenth  year  of  the  Reign  of  our  Sovereign 
Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland 
King  Defender  of  the  Faith  and  so  forth  and  in  the  Year  of  our  Lord  One  Thousand 
Seven  Hundred  and  seventy  four. 

The  General  Assembly  having  on  the  eighth  Day  of  March  last  been  prorogued  to  the  fourth 
Day  of  May  following,  his  Excellency  William  Tryon  Esquire  Captain  General  and  Governor 
in  Chief  of  the  said  Province  was  pleased  by  divers  Proclamations  issued  from  Time  to  Time 
to  prorogue  them  as  follows  that  is  to  say,  On  the  twenty  first  Day  of  April  one  thousand 
seven  hundred  and  seventy  three  to  the  fifteenth  Day  of  June  —  On  the  Ninth  Day  of  June  to 
the  seventeenth  Day  of  August — On  the  seventh  Day  of  July  to  the  sixth  Day  of  October  — 
On  the  twenty  ninth  Day  of  September  to  the  seventeenth  Day  of  November  —  And  on  the 
seventeenth  Day  of  November  to  the  sixth  Day  of  January  One  Thousand  seven  Hundred  and 
seventy  four,  then  to  meet  to  proceed  upon  Business. 

The  Council  met  accordingly. 

PRESENT  —  The  Honorable   OLIVER  DE  LANCEY,  Esquire,  Speaker, 

ROGER  MORRIS, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  until- Tuesday  next  at  11  o  Clock  in  the  Morning. 

238 


1898  Journal  of  the  Legislative  Council  of  New  York. 

Tuesday,  the  eleventh  day  of  January,  1774. 

The  Council  met  according  to  Adjoun  nient. 
PRESENT—  The   Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORP, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER,  Esq" 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  twelfth  day  of  January,  1774 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable  DANIEL  HOESMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

His  Excellency  William  Tryon  Esqr  Captain  General  and  Governor  in  Chief  in  and  over  the 
Province  of  New  York  and  the  Territories  depending  thereon  in  America  Chancellor  and  Vice 
Admiral  of  the  same ;  being  come  to  the  Council  Chamber, 

His  Excellency  sent  a  Message  by  the  Deputy  Secretary  to  the  General  Assembly,  requiring 
the  immediate  Attendance  of  that  House  in  the  Council  Chamber  :  And 

The  General  Assembly  attending  accordingly, 

His  Excellency  the  Governor  then  made  a  S'peech  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. 

His  Excellency  the  Governor  having  left  the  Council  Chamber,  and  the  General  Assembly 
being  returned  to  the  Assembly  Chamber. 

The  Speaker  resumed  the  Chair. 

Ordered,  that  the  Governors  Speech  be  read. 

Then  the  Speech  was  read,  and 

Ordered  to  be  entered  in  the  Journal  of  this  House  ;  and  the  same  is  as  follows 

(jentlemen  of  the  Council  and  Gentlemen  of  the  General  Assembly, 

While  in  the  utmost  Agony  of  Mind  for  the  Safety  of  my  Family,  I  lately  beheld  my  own 
Interest  and  the  Province  House  involved  in  one  common  Ruin,  I  felt  the  strongest  Emotion  of 
Regret  for  the  Demolition  of  that  Mansion,  particularly  after  your  liberall  Grant  for  its  Repair. 
My  Anxiety  also  was  infinitely  increased  by  the  imminent  Danger  which  threatened  the  whole 
City. 

Whatever  may  have  been  the  unhappy  Cause,  I  cannot  but  adore  the  peculiar  Interposition 
of  Divine  Providence,  in  suffering  but  one  of  my  Servants  to  fall  a  Victim  to  the  rapid  and 
resistless  Fury  of  the  Flames  ;  at  the  same  Time  my  warmest  Gratitude  is  due  to  the  Almighty, 
that  by  the  powerful  exertions  of  the  Citizens  and  Military  this  Metropolis  was  preserved  from 
the  destructive  Calamity. 

The  real  Consolation  it  would  give  me  to  learn  how  the  Fire  was  communicated  to  the 
Council  Chamber,  where  it  was  first  discovered  and  most  probably  originated,  has  induced  me 
to  order  the  Depositions  of  several  of  my  Servants  to  be  taken,  that  as  much  of  this  unhappy 
Event  may  be  known  as  can  be  traced.  From  their  Testimony  and  their  regular  and  careful 


1774.]  William  Tryon,  Esq :  Governor.  1899 

Conduct,  I  cannot  help  entertaining  at  least  a  violent  Presumption  that  this  Misfortune  did  not 
owe  its  Birth  to  any  Neglect  on  their  Part,  or  Accident  within  their  Power  to  prevent,  but 
rather  to  some  concealed  Fire  between  the  Wainscot  and  Chimney. 

I  most  sincerely  lament  the  imperfect  Manner  in  which  I  am  obliged  to  lay  before  you  much 
of  the  Business  I  had  digested  for  your  Deliberation  this  Session,  the  Materials  and  Papers  I 
had  collected  for  that  Purpose  being  destroyed. 

In  Consequence  of  the  Laws  passed  by  this  Colony  and  the  Province  of  the  Massachusets 
Bay,  the  Commissaries  appointed  by  each  Government  have,  since  your  Recess,  met  at  Hartford, 
and  in  the  Presence  and  with  the  Consent  of  the  respective  Governors  entered  into  an 
Agreement  for  selling  the  Line  of  Jurisdiction  between  the  two  Provinces,  which  I  now  lay 
before  you.  It  has  already  been  transmitted  for  his  Majesty's  Approbation,  and  as  I  cannot 
doubt  its  .receiving  the  Royal  Sanction,  a  final  Period  must  soon  be  put  to  a  Controversy,  which 
for  many  years  has  not  only  affected  the  Property,  but  greatly  disturbed  the  Tranquility  of 
many  of  his  Majesty's  Subjects  in  both  Governments. 

To  remove  the  Difficulties  which  obstructed  the  Completion  of  the  Line  in  part  run  between 
this  Province  and  Quebec,  I  visited  that  Government  the  last  Summer,  and  from  the  Measures 
concerted  with  Lieutenant  Governor  Cramahe,  promised  myself  this  Business  would  have  been 
effected  before  the  approach  of  Winter;  but  the  Survey  being  protracted  from  the  low  marshy 
soil  through  which  the  Line  passes,  and  a  Series  of  unfavourable  Weather,  the  Provisions  of  the 
Party  were  exhausted  ami  being  disappointed  in  their  Expectations  of  a  seasonable  Supply, 
the  Surveyors  were  compelled  to  abandon  the  Work,  leaving  unfinished,  as  they  report,  a  space 
not  exceeding  Ten  Miles  to  Lake  Sl  Francois,  where  the  Survey  was  to  have  terminated. 

Gentlemen  of  the  General  Assembly, 

Besides  the  Provision  for  the  Support  of  Government,  and  the  necessary  Supplies  for  his 
Majesty's  Troops,  which  I  recommended  to  you,  some  Expences  have  been  incurred  for  Repairs 
and  other  Services,  and  being  of  real  utility,  I  flatter  myself  they  will  be  considered  by  you  as 
meriting  a  public  Allowance. 

Gcnllcmf.n  of  the  Council  mid  Gentlemen  of  the  General  Assembly, 

The  Contests  which  have  arisen  between  the  New  York  Grantees  and  the  Claimants  under 
New  Hampshire,  and  the  Outrages  committed  on  the  Sellers  under  this  Government,  having 
been  productive  of  much  Confusion  and  Disorder,  and  requiring  immediate  Consideration,  His 
Majesty  has  been  graciously  pleased  to  command  me  to  repair  to  England  for  a  short  time  to 
attend  the  Discussion  of  this  important  Matter. 

Impressed  with  the  mo"st  cordial  Affection  for  a  People  who  thro'  the  whole  Course  of  my 
Administration  have  honored  me  with  every  possible  Mark  of  Regard  and  Esteem,  permit  me  to 
assure  you,  that  during  my  Absence  I  shall  chearfuily  embrace  every  opportunity  of  promoting 
to  the  fullest  Extent  of  my  Power,  the  Reputation  Interest  and  Happiness  of  this  respectable 
Province. 
New  York  the  12th  day  of  January  1774.  WM  TRYON. 

Ordered,  that  his  Excellency's  speech  be  forthwith  printed. 

Mr  Cruger  then  moved  that  an  humble  Address  be  presented  by  this  House  to  his  Excellency 
the  Governor  in  answer  to  his  speech. 

Ordered,  that  Mr  Smith,  Mr  Wallace,  Mr  White,  Mr  Axtell  and  Mr  Cruger  be  and  they  are 
hereby  appointed  a  Committee  to  prepare  the  Draft  of  the  said  Address  and  that  they  prepare 
and  bring  in  the  same  to  Morrow. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  thirteenth  day  of  January,  1774. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable   DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTKLL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

Mr  Wallace  from  the  Committee  appointed  to  prepare  the  Draft  of  an  humble  Address  to  his 
Excellency  the  Governor  in  Answer  to  his  Speech,  reported  that  the  Committee  had  prepared 


1900  Journal  of  the  Legislative  Council  of  New  York.  [*e£ 

the  same,  which  he  read  in  his  place,  and  then  delivered  the  Draft  in  at  the  Table  where  the 
same  was  again  read  and  being  amended  was  agreed  to  and 

Ordered  to  be  engrossed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  fourteenth  day  of  January,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  engrossed  Address  to  his  Excellency  the  Governor  was  read. 

Ordered,  that  the  Speaker  sign  the  said  Address     And 

The  Speaker  having  signed  the  same  accordingly 

Ordered,  that  Mr  Axtell  and  Mr  Cruger  do  wait  on  his  Excellency  the  Governor  and  desire  to 
know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  Address. 

The  said  Gentlemen  being  returned,  reported  that  they  had  waited  on  his  Excellency  the 
Governor  accordingly  and  that  his  Excellency  had  been  pleased  to  say  he  would  receive  the 
Address  of  this  House  to  Morrow  at  11  o  Clock  in  the  Council  Chamber. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Saturday,  the  ffteenth  day  of  January,  1774. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable   JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

EOGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

With  the  House  proceeded  to  the  Council  Chamber  to  present  the  humble  Address  of  this 
House  to  his  Excellency  the  Governor,  and  being  returned 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  House  attended  his  Excellency  the  Governor  and  presented  to 
him  the  humble  Address  of  this  House,  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  Journal  of  this  House,  which 
are  as  follow 


His  Excellency  WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and 
over  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 
Chancellor  and  Vice  Admiral  of  the  same. 


The  Humble  ADDRESS  of  the  Council  of  the  province  of  New  York. 

May  it  please  your  Excellency 

We  his  Majesty's  most  dutiful  and  loyal  Subjects  the  Council  for  the  province  of  New  York 
return  your  Excellency  our  Thanks  for  your  Speech. 


1774J  William  Tryon,  Esq  :  Governor.  1901 

Animated  by  the  sincerest  Affection  for  your  Excellency,  and  feeling  ourselves  interested  in 
the  Felicity  of  your  Family,  we  find  it  difficult  to  express  either  our  Affliction  for  the  heavy 
Losses  you  sustained  by  the  late  Fire,  or  our  Gratitude  to  God  for  mingling  so  much  Mercy,  in 
that  alarming  Dispensation  of  his  Providence. 

In  the  Review  of  the  Events  of  that  tragical  Night,  We  cannot  call  to  Remembrance  those 
critical  and  distressing  Moments,  when  you  and  your  whole  Family,  were  nearly  incircled  by  the 
devouring  Flames,  without  Anguish  and  Horror:  And  acknowledging  this  signal  Deliverance 
to  be  a  most  gracious  Act  of  the  divine  Benignity  to  the  Province  in  general,  We  humbly  and 
heartily  join  with  your  Excellency  in  the  devoutest  Oblations  of  Thanksgiving  and  Praise. 

An  Uncertainty  of  Jurisdiction  being  inevitably  productive  of  Discord  and  Violence,  and 
involving  the  Inhabitants  of  the  contested  Districts  in  all  the  numberless  and  complicated 
Miseries  of  a  lawless  State,  with  pleasure  we  bear  Testimony  to  your  Zeal  and  Assiduity  in 
pursuing  the  great  and  necessary  Object  of  ascertaining  the  Boundaries  of  the  Province;  and 
We  hope  your  unwearied  Endeavours  in  that  laudable  Service  will  be  crowned  with  the  desired 
Success. 

It  is  nevertheless  with  no  small  Degree  of  Anxiety  that  We  are  taught  to  consider  your 
Attendance  in  England  as  requisite  to  the  Reestablishment  of  peace  in  that  Corner  of  the 
Colony,  which  has  been  for  so  many  years  past  disquieted,  by  unjustifiable  Claims  under  the 
Province  of  New  Hampshire. 

Important  as  the  End  is  of  vindicating  the  Authority  of  the  Laws,  long  prostrated  by  the 
licentious  Excesses  of  a  Confederacy  of  Insurgents,  who  equally  daring  and  cruel,  have  spread 
Horror  and  Desolation  through  a  fertile  and  extensive  Territory,  clearly  within  the  antient 
Grant  of  this  Colony,  solemnly  adjudg'd  to  be  a  part  of  it  by  the  Royal  Decision,  and  afterwards 
graciously  distributed  as  a  Reward  to  the  brave  Officers  and  Soldiers  by  whom  this  Country 
was  rescued  from  the  Incursions  of  the  Enemy ;  and  tho'  we  have  also  the  firmest  Reliance  on 
your  Friendly  Representations  to  our  Most  gracious  Sovereign,  yet  we  cannot  help  anticipating 
the  Moment  of  your  Departure  as  an  unfortunate  Event  to  the  Colony. 

Happy  under  an  Administration  mild,  active,  generous  and  just,  our  Loss,  Sir.  is  certain,  even 
tho'  you  lay  down  the  Reins  of  Government  only  for  a  Season;  and  as  your  Return  must  from, 
the  Vicissitude  of  human  Affairs,  be  precarious  at  best,  permit  us  to  say,  that  We  yield  to  your 
Voyage  with  a  very  painful  Reluctance. 

In  Gratitude  to  your  Excellency  for  your  benevolent  Engagements  to  promote  the  Interest, 
Reputation  and  Happiness  of  the  Colony,  you  may  rely  with  the  most  assured  Confidence  upon 
our  chearful  Concurrence  in  every  Measure,  advancive  of  his  Majesty's  Service,  the  Honor  of 
your  Government,  the  Prosperity  of  your  Family,  and  the  Felicity  of  a  People  undoubtedly 
disposed  to  give  you  the  most  incontestable  Marks  of  their  Sympathy  and  Affection. 

By  Order  of  the  Council 

Council  Chamber  New  York  JN°  WATTS  Speaker. 

13lh  January  1774. 

His  EXCELLENCY'S  Answer. 
Gentlemen 

I  return  you  my  very  sincere  and  cordial  Thanks  for  your  affectionate  and  loyal  Address; 
and  the  sympathetic  Part  you  take  in  a  late  Tragical  Event  greatly  alleviates  my  Affliction  on 
that  Occasion. 

While  I  acknowledge  the  real  Satisfaction  I  experience  from  the  highly  honorable  Testimony 
you  bear  to  my  Administration,  Candour  and  Truth  oblige  me  to  say  that  much  of  the  Honour 
and  Success  of  my  Government,  is  due  to  the  Wisdom  of  your  Counsel  and  Advice. 

The  liberal  Aid  of  your  Abilities  in  the  arduous  Affairs  of  my  exalted  Station  ;  the  Affection 
you  profess  for  me;  the  Interest  you  feel  for  the  Prosparity  of  my  Family;  the  friendly 
Manner  in  which  you  mention  my  approaching  Departure,  with  your  Readiness  to  promote  his 
Majesty's  Service,  and  the  Felicity  of  his  People,  all  swell  my  Breast  with  a  generous  Glow  of 
Gratitude,  and  intitle  you  to  my  lasting  Esteem  and  Regard. 

New  York  the  15th  January  1774.  WM  TRYON. 

Ordered,  that  the  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Tuesday  next  at  11  o  Clock  in  the  Morning. 


19Q2  Journal  of  the  Legislative  Council  of  Neio  York.  [s«"h  ses 

Tuesday,  the  eighteenth  day  of  January,  1774. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The   Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER,  Esqri. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 

Wednesday,  the  nineteenth  day  of  January,  1774. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The   Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORPE, 

ROGER  MORRIS, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  twentieth  day  oj  January,  1774. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The   Honorable   CHARLES  WARD  APTHORP,  Esquire,  Speaker, 

ROGER  MORRIS, 
WILLIAM  SMITH,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  Morrow  Morning  11  o'Clock. 


Friday,  the  twenty  first  day  of  January,  1774. 

The  Council  met  according  to  Adjournment. 
PRESENT —  The   Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

ROGER  MORRIS, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  til  Tuesday  Morning  11  o  Clock. 


1774.]  .  William  Try  on,  Esq :  Governor.  1903 

Tuesday,  the  twenty  fifth  day  of  January,  1774. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCEY, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

HUGH  WALLACE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Walton  with  the  Bill  intituled 
[An  Act  further  to  continue  An  Act  intitled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  -Assembly  by  Mr  Jauncey  and  Mr  Clinton  with  the  Bill  intitled 
[An  Act  to  continue  An  Act  intitled  An  Act  to  prevent  the  Danger  arising  from  the  pernicious 
Practice  of  lodging  Gunpowder  in  dwelling  Houses  Stores  or  other  Places  within  the  City  of 
New  York  or  on  Board  of  Vessels  within  the  Harbour]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Van  Cortlandt  with  the 
Bill  intitled  [An  Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York, 
or  the  Major  part  of  them  to  order  the  raising  a  sum  not  exceeding  eighteen  hundred  Pounds 
for  the  uses  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  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Colonel  Philipse  with  the  Bill 
intitled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of 
Albany  for  the  Time  being  or  the  Major  Part  of  them  to  order  the  raising  a  sum  not  exceeding 
one  hundred  and  sixty  pounds  for  the  Purposes  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  and 

Ordered  a  second  Reading. 

Mr  Apthorpe  moved  that  a  Bill  which  he  held  in  his  Hand  intitled  [An  Act  for  the  more 
effectual  Registry  of  Mortgages  and  for  securing  the  Purchasers  of  mortgaged  Estates]  might 
be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


^904  Journal  of  the  Legislative  Council  of  New  York. 

Wednesday,  the  twenty   sixth  day  of  January,  1774. 

The  Council  met  according  to  Adjournment. 

PRESENT—  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,   Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  further  to  continue  An  Act  intitled  An  Act  for  granting  to  his 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  to  continue  An  Act  intitled  An  Act  to  prevent  the  Danger  arising 
from  the  pernicious  Practice  of  lodging  Gun  Powder  in  dwelling  Houses  Stores  or  other  Places 
within  the  City  of  New  York  or  on  Board  of  Vessels  within  the  Harbour]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  intituled  [An  Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of 
New  York  or  the  Major  part  of  them  to  order  the  raising  a  sum  not  exceeding  Eighteen 
Hundred  Pounds  for  the  uses  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  Time  being  or  the  Major  Part  of  them  to  order  the  raising  a  sum  not 
exceeding  One  hundred  and  Sixty  Pounds  for  the  Purposes  therein  mentioned]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  for  the  more  effectual  Registry  of  Mortgages,  and  for  securing  the 
Purchasers  of  mortgaged  Estates]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  twenty  seventh  day  of  January,  1774. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  further  to  continue  an  Act  intitled  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  Placp  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. 

Ordered,  that  the  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time  and 


1774.]  William  Try  on,  Esq :  Governor.  1905 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  continue  an  Act  iniitled  An  Act  to  prevent  the  Danger  arising  from  the  pernicious 
Practice  of  lodging  Gun  Powder  in  dwelling  Houses  Stores  or  other  Places  within  the  City  of 
New  York  or  on  board  of  Vessels  within  the  Harbor]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  theCommittee 
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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the  Major 
part  of  them  to  order  the  raising  a  Sum  not  exceeding  Eighteen  hundred  Pounds  for  the  Uses 
therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of  Albany  for  the 
time  being,  or  the  Major  Part  of  them,  to  order  the  raising  a  Sum  not  exceeding  one  hundred 
and  Sixty  Pounds  for  the  Purposes  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
last  mentioned  two  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Colonel  Ten  Broock  and  Mr  Billop  with  the  Bill 
intitled  [An  Act  to  enable  Posthumous  Children  to  take  Estates  as  if  born  in  their  Fathers 
Life  Time]  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. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Nicoll  with  the  Bill 
ntituled  [An  Act  to  appoint  Commissioners  for  collecting  the  Duty  of  Excise  on  strong  Liquors 
retailed  in  this  Colony,  from  the  first  Day  of  February  One  thousand  seven  hundred  and  seventy 
four  to  the  first  day  of  February  One  thousand  seven  hundred  and  seventy  five  inclusive] 
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  till  to  Morrow  Morning  11  o  Clock. 


239 


Journal  of  the  Legislative  Council  of  New  York.  [3mh  scl'™.' 

Friday,  the  twenty  eighth  day  of  January,  1774. 

The  Council  met  according  to  adjournment. 
PRESENT—  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker. 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  in  titled  [An  Act  to  enable  Posthumous  Children  to  take  Estates  as  if  born  in  their 
Father's  Life  Time]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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  ihe  Question  being  put  was  agreed  to  and  approved  of  and  the  Bill 

Ordered  a  third  Reading. 

The  Bill  intitled  [An  Act  to  appoint  Commissioners  for  collecting  the  Duty  of  Excise  on 
Strong  Liquors  retailed  in  this  Colony  from  the  first  Day  of  February  1774  to  the  first  Day  of 
February  1775  inclusive]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  for  the  more  effectual  Registry  of  Mortgages  and  for  securing  the  Purchasers  of  mortgaged 
Estates]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House,  in  his  Place  reported  that  the  Committee 
had  gone  through  the  Bill,  made  several  Amendments  thereto,  which  he  read  in  his  Place,  and 
then  delivered  the  Bill  in  at  the  Table,  where  the  same  being  again  read  and  agreed  to, 

Ordered,  that  the  Bill  be  engrossed. 

The  Council  adjourned  until  Tuesday  next  at  11  o  Clock  in  the  Morning. 


Tuesday,  the  first  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable   DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  to  enable  Posthumous  Children  to  take  Estate*  as  if  born  in  their 
Fathers  Life  Time]  was  read  the  third  time  and 


1774.]  William  Tnjon,  Esq  :  Governor.  1907 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  intituled  [An  Act  to  appoint  Commissioners  for  collecting  the  Duty  of  Excise  on 
strong  Liquors  retailed  in  this  Colony  from  the  first  day  of  February  one  thousand  seven 
hundred  and  seventy  four  to  the  first  day  of  February  one  thousand  seven  hundred  and  seventy 
five  inclusive]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Colonel  Woodhull  with  the  Bill 
intitled  [An  Act  to  facilitate  the  raising  of  Sheep  in  the  Counties  of  Ulster  and  Orange]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Ten  Eyck  with  the  Bill 
intitled  [An  Act  for  the  better  fixing  and  ascertaining  the  Division  Line  between  Montgomerie 
Ward  and  the  Out  Ward  of  the  City  of  New  York  on  the  Easterly  Side  of  Montgomery  Ward] 
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  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  (he  second  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The   Honorable  OLIVER  DE  LANCET,  Esquire,  Speaker, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  An  Act  to  facilitate  the  raising  of  Sheep  in  the  Counties  of  Ulster  and 
Orange]  was  read  the  second  time  and 

Ordered  to  be  committed. 

Tne  Bill  intitled  [An  Act  for  the  better  fixing  and  ascertaining  the  Division  Line  between 
Montgomerie  Ward  and  the  Out  Ward  of  the  City  of  New  York  on  the  Easterly  Side  of 
Montgomerie  Ward]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorp  from  the  Committee  of  the  whole  House  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. 

The  Council  adjourned  untill  to  Morrow  Morning  1 1  o'Clock. 


1908  Journal  of  the  Legislative  Council  of  New  York. 

Thursday,  the  third  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT — T/je  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

EOGER  MORRIS. 

HUGH  WALLACE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  ingrossed  Bill  intitled  [An  Act  for  the  more  effectual  Registry  of  Mortgages,  and  tor 
securing  the  Purchasers  of  Mortgaged  Estates]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  carry  the  Bill  to  the  General  Assembly  and  desire  their 
Concurrence  thereto. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Brinkerhoff  with  the  Bill 
intitled  [An  Act  to  increase  the  number  of  Constables  in  the  County  of  Ulster]  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. 

A  Message  from  the  General  Assembly  by  M'Kissam  and  Mr  De  Lancey  with  the  Bill  intitled 
[An  Act  to  settle  a  Line  of  Jurisdiction  between  the  Counties  of  Ulster  and  Albany]  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  Bill  intitled  [An  Act  for  the  better  fixing  and  ascertaining  the  Division  Line  between 
Montgomery  Ward  and  the  Out  Ward  of  the  City  of  New  York  on  the  Easterly  side  of 
Montgomery  Ward]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  Bill  do  pass. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Friday,  the  fourth  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  — The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HENRY  WHITE, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  to  increase  the  Number  of  Constables  in  the  County  of  Ulster] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  to  settle  a  Line  of  Jurisdiction  between  the  Counties  of  Ulster  and 
Albany]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  until  Tuesday  next  at  11  o  Clock  in  the  Morning. 


1774.]  William  Tryon,  Esq.:  Governor.  1909 

Tuesday,  the  eighth  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

Mr  Smith  moved  that  a  Bill  which  he  held  in  his  Hand  intitled  [An  Act  to  amend  an  Act 
intitled  An  Act  to  restrain  unlawful  and  disorderly  Gaming  Houses  in  the  Colony  of  New  York] 
might  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

Mr  Morris  moved  that  a  Bill  which  he  held  in  his  Hand  intitled  [An  Act  for  the  better  setling 
of  Intestate  Estates]  might  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  increase  the  Number  of  Constables  in  the  County  of  Ulster]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

.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  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  have  passed  the 
said  Bill  and  the  Bill  intitled  [An  Act  for  the  better  fixing  and  ascertaining  the  Division  Line 
between  Montgomery  Ward  and  the  Out  Ward  of  the  City  of  New  York  on  the  Easterly  side  of 
Montgomery  Ward]  without  any  Amendment. 

Mr  Cruger  moved  that  a  Bill  which  he  held  in  his  Hand  intitled  [An  Act  for  the  better 
Discovery  of  Judgments  in  the  Courts  of  Record  in  this  Colony]  might  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

Mr  Banyar  Deputy  Secretary  acquainted  the  House  that  his  Excellency  the  Governor  being 
indisposed  required  the  attendance  of  the  House  at  the  Place  of  his  Residence. 

The  Speaker  then  left  the  Chair,  and  with 

The  Council  proceeded  to  the  present  Residence  of  his  Excellency  the  Governor,  and  being 
returned, 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  attended  his  Excellency  the  Governor  at  his  Residence  his  Excellency 
had  been  pleased  in  presence  of  the  Council  and  General  Assembly  to  give  his  Assent  to  eight 
Bills  passed  by  the  two  Houses,  the  Titles  whereof  are  as  follow 

An  Act  further  to  continue  An  Act  intitled  An  Act  for  granting  to  his  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  to  enable  Posthumous  Children  to  take  Estates  as  if  born  in  their  Fathers  Life  Time. 

An  Act  to  appoint  Commissioners  for  collecting  the  Duty  of  Excise  on  strong  Liquors  retailed 
in  this  Colony  from  the  first  day  of  February  1774  to  the  first  Day  of  February  1775  inclusive. 

An  Act  to  empower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the 
Major  part  of  them  to  order  the  raising  a  sum  not  exceeding  eighteen  hundred  Pounds  for  the 
uses  therein  mentioned. 


1910  Journal  of  the  Legislative  Council  of  New  York. 

An  Act  to  continue  An  Act  entitled  An  Act  to  prevent  the  danger  arising  from  the  pernicious 
Practice  of  lodging  Gun  Powder  in  Dwelling  Houses,  Stores  or  other  Places  within  the  City  of 
New  York  or  on  board  of  Vessels  within  the  Harbour. 

An  Act  for  the  better  fixing  and  ascertaining  the  Division  Lines  between  Montgomery  Ward 
and  the  Out  Ward  of  the  City  of  New  York  on  the  Easterly  side  of  Montgomery  Ward. 

An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of  Albany  for 
the  Time  being  or  the  Major  part  of  them  to  order  the  raising  a  sum  not  exceeding  One  hundred 
and  sixty  Pounds  for  the  Purposes  therein  mentioned. 

An  Act  to  increase  the  Number  of  Constables  in  the  County  of  Ulster. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  ninth  day  of  February,  1774. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The   Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
WILLIAM  SMITH, 

WlLLIAAI  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Kissam  with  the  Bill  intitled 
[An  Act  for  making  a  further  Provision  of  Two  thousand  Pounds  for  furnishing  his  Majesty's 
Troops  quartered  in  this  Colony  with  Necessaries  for  one  year]  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. 

A  Message  from  the  General  Assembly  by  Mr  Wilkins  and  Mr  Billop  with  the  Bill  intitled 
[An  Act  to  lay  a  Duty  on  Slaves  that  shall  be  hereafter  imported  into  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. 

A  Message  from  the  General  Assembly  by  Mr  Van  Kleeck  and  Mr  De  Witt  with  the  Bill 
intitled  [An  Act  to  prevent  Damages  by  Swine  in  the  Township  of  Marbletown  in  the  County 
of  Ulster]  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  Bill  intitled  [An  Act  to  amend  an  Act  intitled  An  Act  to  restrain  unlawful  and  disorderly 
Gaming  Houses  in  the  Colony  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  for  the  better  setling  of  Intestates  Estates]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  for  the  Better  Discovery  of  Judgments  in  the  Courts  of  Record  in 
this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


1774.]  William  Tryon,  Esq :  Governor.  1911 

Thursday,  the  tenth  day  of  February,  1774. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The    Honorable  JOHN  WATTS,  Esquire,  Speaker, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  for  making  a  further  Provision  of  Two  thousand  Pounds  for 
furnishing  his  Majesty's  Troops  quartered  in  this  Colony  with  Necessaries  for  one  year]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  to  lay  a  Duty  on  Slaves  that  shall  be  hereafter  imported  into  this 
Colony]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  prevent  Damages  by  Swine  in  the  Township  of  Marbletown  in 
the  County  of  Ulster]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  amend  an  Act  intitled  An  Act  to  restrain  unlawful  and  disorderly  Gaming  Houses  in  the 
Colony  of  New  York]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  the  same  without  Amendment  And 

The  Report  being  agreed  to,  the  Bill  was 

Ordered  to  be  engrossed,  and  to  be  read  the  third  time. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Friday,  the  eleventh  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHOHP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

HENRY  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  for  making  a  further  Provision  of  Two  thousand  Pounds  for  furnishing  his  Majesty's  Troops 
quartered  in  this  Colony  with  Necessaries  for  one  year]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Ch;iir,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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. 


Journal  of  the  Legislative  Council  of.  New  York. 

The  Sneaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  prevent  Damages  by  Swine  in  the  Township  of  Marbletown  in  the  County  of  Ulster] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  any  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  lay  a  Duty  on  Slaves  that  shall  be  hereafter  imported  into  this  Colony]  and  after  some  time 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  that  the  Bill  should  be  rejected. 

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

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  better  setting  of  Intestates  Estates]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole-House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  directed  him  to  report  the  same  without  Amendment,  and 

The  Report  being  agreed  to,  the  Bill  was 

Ordered  to  be  engrossed,  and  to  be  read  the  third  time. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  better  Discovery  of  Judgments  in  the  Courts  of  Records  within  this  Colony]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the 
Committee  had  gone  through  the  Bill  and  had  made  several  Amendments  thereto,  which  he 
read  in  his  Place,  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table,  where  the 
same  being  rend  and  agreed  to,  the  Bill  was 

Ordered  to  be  engrossed,  and  to  be  read  the  third  time. 

The  Council  adjourned  until  Tuesday  next  at  11  o  Clock  in  the  Morning. 


Tuesday,  the  fifteenth  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honorable    JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORP, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER,  Esqri. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Brinckerhoff  with  the  Bill 
entitled  [An  Act  to  include  within  the  District  of  Schenectady  a  Tract  of  Land  in  the  County 
of  Albany  granted  to  Frederick  Morris  and  others  commonly  call'd  Corry's  Brook  or  Bush  ;  and 
likewise  all  the  Lands  that  do  now  belong  to  the  Corporation  of  the  Reformed  protestant  Dutch 
Church  of  Schenectady]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 


1774.]  William  Tryon,  Esq  :  Governor.  1913 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Col.  Ten  Broeck  and  Mr  Thomas  with  the  Bill  intitled 
[An  Act  to  amend  an  Act  entitled  An  Act  for  the  better  laying  out  regulating  and  keeping  in 
Repair  the  publick  Roads  and  Highways  in  the  City  and  County  of  Albany,  and  County  of 
Tryon]  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. 

A  Message  from  the  General  Assembly  by  Colonel  Philips  and  Colonel  Wells  with  the  Bill 
intitled  [An  Act  to  prevent  the  breaking  or  defacing  the  Mile  Stones  now  or  hereafter  to  be 
erected  in  this  Colony]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  s;iid  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered,  a  second  reading. 

The  ingrossed  Bill  intitled  An  Act  to  amend  an  Act  intitled  An  Act  to  restrain  unlawful 
and  disorderly  Gaming  Houses  in  the  Colony  of  New  York]  was  read  the  second  time  and 

On  the  Question  being  put 

Resolved,  that  the  Bill  do  pass. 

Ordered,  that  Mr  Apthorp  do  carry  the  said  Bill  to  the  General  Assembly  and  desire  their 
Concurrence  thereto. 

The  ingrossed  Bill  intitled  [An  Act  for  the  better  selling  of  Intestates  Estates]  was  read  the 
third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  carry  the  said  Bill  to  the  General  Assembly  and  desire  their 
Concurrence  thereto. 

The  ingrossed  Bill  intitled  [An  Act  for  the  better  Discovery  of  Judgments  in  the  Courts  of 
Record  within  this  Colony]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  carry  the  said  Bill  to  the  General  Assembly  and  desire  their 
Concurrence  thereto. 

The  Council  adjourned  till  to  morrow  morning  11  o  Clock. 


Wednesday,  the  sixteenth  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The   Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHOKP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Kissam  with  the  Bill  entitled 
[An  Act  for  the  better  preventing  of  excessive  and  deceitful  Gaming]  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  Bill  intitled  [An  Act  to  include  within  the  District  of  Schenectady  a  Tract  of  Land  in 
the  County  of  Albany  granted  to  Frederick  Morris  and  others  commonly  called  Corry's  Brook 
or  Bush,  and  likewise  all  the  lands  that  do  now  belong  to  the  Corporation  of  the  Reformed 
Protestant  Dutch  Church  of  Schenectady]  was  read  the  second  time  and 

Ordcrtd  to  be  committed. 

The  Bill  intitled  [An  Act  to  amend  an  Act  intitled  An  Act  for  the  better  laying  out 
regulating  and  keeping  in  Repair  the  public  Roads  and  Highways  in  the  City  and  County  of 
Albany  and  County  of  Tryon]  was  read  the  second  time  and 

Ordered  to  be  committed. 

240 


1914  Journal  of the  Legislative  Council  of  New  York. 

The  Bill   intitled    [An  Act  to  prevent  the  breaking  or  defacing  the  Mile  Stones  now  or 
hereafter  to  be  erected  in  this  Colony]  was  read  the  second  time  and 
Ordered  to  be  committed. 

The  House  being  informed  that  David  Mathews  Esqr  attended  without,  he  was  called  in  and 
presented  to  the  House  a  Petition  of  Evert  Wynkoop  and  William  Dederick  in  behalf  of 
themselves  and  other  Inhabitants  of  the  South  Part  of  the  County  of  Albany,  against  the 
passin°-  of  the  Bill  now  depending  before  this  House  intitled  [An  Act  to  settle  a  Line  of 
Jurisdfction  between  the  Counties  of  Ulster  and  Albany]  and  praying  for  the  Reasons  set  forth 
in  the  Petition  that  the  said  Bill  may  be  rejected.  And  the  Petition  being  read 

Ordered,  that  the  same  be  referred  to  the  same  Committee  to  whom  the  said  Bill  is  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  settle  a  Line  of  Jurisdiction  between  the  Counties  of  Ulster  and  Albany]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  duely  considered  the  Reasons  offered  in  the 
Petition  of  Evert  Wynkoop  and  William  Dederick  in  Behalf  of  themselves  and  others  against  the 
passing  thereof,  and  had  directed  him  to  report  the  Bill  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. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  seventeenth  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The   Honorable  OLIVER  DE  LANCET,  Esquire,  Speaker, 

ROGER  MORRIS, 
HUGH  WALLACE, 
WILLIAM  AXTELL,  Esqrf. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Captain  Seaman  and  Mr  Rapalje  with  the  Bill 
intitled  [An  Act  for  the  Relief  of  Creditors  against  fraudulent  devises]  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  Bill  intitled  [An  Act  for  the  better  preventing  of  excessive  and  deceitful  Gaming]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  eighteenth  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The   Honorable  OLIVER  DE  LANCET,  Esquire,  Speaker, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRT  WHITE, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Col  Woodhull  with  the  Bill 
intitled  [An  Act  for  the  more  effectual  Prevention  of  private  Lotteries!  desiring  the  Concurrence 
of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  Read. 


1774.]  William  Try  on,  Esq  :  Governor.  1915 

Then  the  said  Bill  was  read  the,  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Kleeck  and  Mr  Rapalje  with  the  Bill 
intitled  [An  Act  to  revive  an  Act  intitled  an  Act  to  restrain  Hawkers  and  Pedlars  within  this 
Colony  from  selling  without  Licence  with  an  Addition  thereto]  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. 

A  Message  from  trie  General  Assembly  by  Mr  Thomas  and  Mr  De  Noyelles  with  the  Bill 
intitled  [An  Act  to  declare  Harrison's  Purchase  or  Precinct  independent  of  and  distinct  from 
Rye]  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  Bill  intitled  [An  Act  for  the  Relief  of  Creditors  against  fraudulent  Devises]  was  read 
the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  until  Tuesday  Morning  next  at  11  o  Clock. 


Tuesday,  the  twenty  second  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Brinkerhoff  and  Mr  De  Witt  with  the  Bill 
int  itled  [An  Act  to  confine  Rams  at  certain  Seasons  of  the  year  in  the  Counties  of  Ulster  and 
Ornnge  and  Dutchess]  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. 

A  Message  from  the  General  Assembly  by  Mr  Tnomas  and  Mr  Brush  with  the  Bill  intitled 
[An  Act  to  amend  an  Act  intitled  An  Act  for  the  better  clearing  regulating  and  further  laying 
out  public  Highways  in  the  County  of  Westchester]  desiring  the  Concurrence  of  the  Council 
thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Or </ft red  a  second  reading. 

A  Message  from  the  General  Assembly  by  MrKissam  and  Mr  Jauncey  with  the  Bill  intitled 
[An  Act  to  lay  a  Tax  on  Doggs  in  the  Cities  of  New  York  and  Albany  and  Counties  of  Queens 
and  Suffolk]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Brinkerhoff  with  the  Bill 
intitled  [An  Act  for  the  better  regulating  the  public  Roads  in  the  City  and  County  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. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Walton  with  the  Bill  intitled  [An 
Act  for  declaring  what  shall  be  a  Forcible  Entry  or  Detainer]  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. 


191g  Journal  of  the  Legislative  Council  of  New  York.  [sj?h  se"'™' 

A  Message  from  the  General  Assembly  by  Mr  Brush  and  Mr  Thomas  with  the  Bill  intitled 
[An  Act  to  amend  an  Act  intitled  An  Act  for  laying  out  regulating  and   keeping  in  Repair 
common  and  public  Highways  in  the  County  of  Cumberland  ;  and  to  facilitate  the  raising  the 
County  charges  in  the  said  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and   Colonel  Wells  with  the  Bill 
intitled   [An  additional  Act  for  laying  out  and  improving  public  Roads  in  Ulster  County] 
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  Bill  intitled  [An  Act  for  the  more  effectual  Prevention  of  private  Lotteries]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  to  restrain  Hawkers  and  Pedlars 
within  this  Colony  from  selling  without  Lycence;  with  an  Addition  thereto]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  to  declare  Harison's  Purchase  or  Precinct  independent  of  and 
distinct  from  Rye]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committe  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  better  preventing  of  excessive  and  deceitful  Gaming]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  Relief  of  Creditors  against  fraudulent  Devises]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  White  do  acquaint  the  General  Assembly  that  this  House  have  passed  the 
first  mentioned  of  the  said  two  Bills  and  the  Bill  intitled  [An  Act  to  settle  a  line  of  Jurisdiction 
between  the  Counties  of  Ulster  and  Albany]  without  any  Amendment. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  twenty  third  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

5iU  intitle,d  tAu  Act  to  confine  Rams  at  certain  Seasons  of  the  year  in  the  Counties  of 
Orange  and  Dutchess]  was  read  the  second  time  and 


1774.]  William  Tryon,  Esq:  Governor.  1917 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  Honse  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  revive  an  act  intitled  an  Act  to  restrain  Hawkers  and  Pedlars  within  this  Colony  from  selling 
without  Lycence;  with  an  Addition  thereto]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  acquaint  the  General  Assembly  that  this  House  hath  passed  the  said 
Bill  and  the  Bill  intitled  [An  Act  for  the  Relief  of  Creditors  against  fraudulent  Devises]  without 
Amendment. 

The  Bill  intitled  [An  Act  to  amend  An  Act  intitled  An  Act  for  the  better  clearing 
regulating  and  further  laying  out  public  Highways  in  the  County  of  Westchester]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  to  lay  a  Tax  on  Doggs  in  the  Cities  of  New  York  and  Albany  and 
Counties  of  Queens  and  Suffolk]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intiiled  [An  Act  for  the  better  regulating  the  public  Roads  in  the  City  and  County 
of  New  York  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  for  declaring  what  shall  be  a  forcible  Entry  or  Detainer]  was  read 
the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  amend  an  Act  intitled  An  Act  for  laying  out  regulating  and 
keeping  in  repair  common  and  public  Highways  in  the  County  of  Cumberland  ;  and  to  facilitate 
the  raising  the  County  Charges  in  the  said  County]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Additional  Act  for  laying  out  and  improving  public  Roads  in  Ulster 
County]  was  read  the  second  time  and 
Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Col.  Ten  Broeck  with  the  Bill 
intitled  [An  Act  to  revive  An  Act  intitled  An  Act  for  the  better  regulation  of  the  Election  of 
Officers  in  the  City  of  New  York  chosen  by  Virtue  of  the  Charters  granted  to  the  said  City  and 
other  Purposes  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,  and 
Ordered  a  second  reading. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


191g  Journal  of  the  Legislative  Council  of  New  York. 

Thursday,  the  twenty  fourth  day  of  February,  1774. 

The  Council  met  according  to  adjournment. 
PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Sneaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  for  the  better  Regulation  of  the 
Election  of  Officers  in  the  City  of  New  York  chosen  by  Virtue  of  the  Charters  granted  to  the 
said  City,  and  other  Purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Sneaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  prevent  the  breaking  or  defacing  the  Milestones  now  or  hereafter  to  be  erected  in  this  Colony] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Bill  intitled  [An  Act  to  confine  Rams  at  certain  Seasons  of  the  year  in  the  Counties  of 
Ulster  Orange  and  Dutchess]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  better  regulating  the  public  Roads  in  the  City  and  County  of  New  York]  and  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  amend  an  Act  intitled  An  Act  for  laying  out  regulating  and  keeping  in  Repair  common  and 
public  Highways  in  the  County  of  Cumberland,  and  to  facilitate  the  raising  the  County  Charges 
in  the  sd  County]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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  M1'  Morris  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Clinton  with  the  Bill  intitled 
[An  Act  for  the  better  selling  Intestates  Estates]  acquainting  this  House  that  the  General 
Assembly  have  passed  the  said  Bill  without  Amendment. 

The  Speaker  left  the  Chair,  and 


1774.]  William  Tryon,  Esq  :  Governor.  1919 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
additional  Act  for  laying  out  and  improving  public  Roads  in  Ulster  County]  and  alter  some  tune 
spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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 

Rcsoli-ed,  that  the  said  Bill  do  pass. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twenty  fifth  day  of  February,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Ten  Eyck  with  the  Bill  intitled 
[An  Act  to  repeal  an  Act  intitled  An  Act  for  the  better  regulating  and  keeping  in  Repair  the 
public  Roads  in  the  Borough  and  Town  of  Westchester  and  to  levy  Money  to  defray  the  Expenco 
thereof]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  An  Act 
to  revive  an  Act  intitled  An  Act  for  the  better  Regulation  of  the  election  of  officers  in  the 
City  of  New  York  chosen  by  Virtue  of  the  Charter  granted  to  the  said  City  and  other  Purposes 
therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  this  House  have  passed 
the  said  Bill  and  the  Bill  intitled  [An  Additional  Act  for  laying  out  and  improving  public  Roads 
in  Ulster  County]  without  Amendment. 

The  Council  adjourned  till  Tuesday  Morning  11  o  Clock. 


Tuesday,  the  first  day  of  March,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

JOHN  HARRIS  CEUGER,  Esq". 

The  Speaker  assumed  the  Chair. 


1920  Journal  of  the  Legislative  Council  of  New   York. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Rapalje  with  the  Bill  intitled 
[An  \ctVor  the  better  security  and  more  easy  Recovery  of  Rents  and  renewal  of  Leases  and  to 
prevent  Frauds  committed  by  Tenants]  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. 

A  Message  from  the  General  Assembly  by  Col  Peter  Livingston  and  Mr  De  Witt  with  the 
Bill  intitled  [An  Act  to  prevent  Justices  of  the  Peace  from  trying  Causes  in  Taverns  in  the 
places  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  and 

Ordncd  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Kissam  with  the  Bill  intitled  [An 
Act  to  amend  an  Act  intitled  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  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Walton  with  the  Bill 
intitled  [An  Act  to  raise  the  Sum  of  Four  hundred  Pounds  to  finish  the  Court  House  and  Goal 
in  Goshen  in  the  County  of  Orange]  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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Ten  Eyck  with  the  Bill  intitled 
[An  Act  to  prevent  the  Abatement  of  Suits  by  the  Death  of  the  Parties]  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. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Brinckerhoff  with  the  Bill 
intitled  [An  Act  for  the  more  easy  collecting  his  Majesty's  Quit  Rents  in  the  Oblong  Patent  in 
the  Counties  of  Dutches  and  Westchester  and  for  dividing  the  same  into  three  Districts] 
desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  arid 

Ordered  a  second  reading. 

The  Bill  intitled  [An  Act  to  repeal  an  Act  intitled  An  Act  for  the  better  regulating  and 
keeping  in  Repair  the  public  Roads  in  the  Borrough  and  Town  of  Westchester  and  to  levy 
Money  to  defray  the  Expence  thereof]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  amend  an  Act  intitled  An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair  the 
public  Roads  and  Highways  in  the  City  and  County  of  Albany  and  County  of  Tryon]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  amend  an  Act  intitled  An  Act  for  the  better  clearing  regulating  and  further  laying  out 
public  Highways  in  the  County  of  Westchester]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 
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. 


1774.}  William  Tryon,  Esq:  Governor.  1921 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

Mr  Wallace  moved  that  a  Bill  which  he  held  in  his  Hand  intitled  [An  Act  to  prevent  the 
depreciating  the  Paper  Currency  of  this  Colony]  might  be  read. 

Then  the  said  Bill  was  read  accordingly,  and 

Ordered  a  second  Reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  lay  a  Tax  on  Dogs  in  the  Cities  of  New  York  and  Albany  and  Counties  of  Queens  and 
Suffolk]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  repeal  an  Act  intitled  An  Act  for  the  better  regulating  and  keeping  in  Repair  the  public 
Roads  in  the  Borough  and  Town  of  Westch^ster  and  to  levy  Money  to  defray  the  Expence 
thereof]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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  Mr  White  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

Mr  Smith  moved  that  a  Bill  which  he  held  in  his  Hand  intitled  [An  Act  for  the  Amendment 
of  the  Law  for  Prevention  of  Frauds  and  Perjuries]  might  be  read. 

Then  the  said  Bill  was  read  accordingly;  and 

Ordered  a  second  Reading. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  second  day  of  March,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The   Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  for  the  better  Security  and  more  easy  Recovery  of  Rents  and 
Renewal  of  Leases,  and  to  prevent  Frauds  committed  by  Tenants]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  prevent  Justices  of  the  Peace  from  trying  Causes  in  Taverns  in 
the  Places  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  amend  an  Act  intitled  An  Act  for  the  speedy  punishing  and 
releasing  such  Persons  from  Imprisonment  as  shall  commit  any  criminal  Offences  under  the 
Degree  of  Grand  Larceny]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  to  raise  the  sum  of  four  hundred  Pounds  to  finish  the  Court  House 
and  Goal  in  Goshen  in  the  County  of  Orange]  was  read  the  second  time  and 

241 


1922  Journal  of  the  Legislative  Council  of  New  York.  [3^  sS™' 

Thf  BHMntitled^An  Act  to  prevent  the  Abatement  of  Suits  by  the  Death  of  the  Parties] 
was  read  the  second  time  and 

Ordered  to  be  Committed.  .  . 

The  Bill  intitled  [An  Act  for  the  more  easy  collecting  of  his  Majesty  s  Quit  Rents  in  the 
Oblong  Patent  in  the  Counties  of  Dutchess  and  Westchester,  and  for  dividing  the  same  into  three 
Districts]  was  read  the  second  time  and 

Ordered  to  be  committed.  . 

The  Bill  intitled  [An  Act  to  prevent  the  depreciating  the  Paper  Currency  of  this  Colony] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  for  the  Amendment  of  the  Law  for  the  Prevention  of  Frauds  and 
Perjuries]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  third  day  of  March,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT—  The  Honoble  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  better  Security  and  more  easy  Recovery  of  Rents  and  Renewal  of  Leases  and  to  prevent 
Frauds  committed  by  Tenants]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  amend  an  Act  intitled  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 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  raise  the  sum  of  four  Hundred  Pounds  to  finish  the  Court  House  and  Goal  in  Goshen  in  the 
County  of  Orange]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  directed  him  to  report  the  same  without 
Amendment. 


1774.]  William  Tryon,  Esq :  Governor.  1923 

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. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  prevent  the  abatement  of  Suits  by  the  Death  of  the  Parties]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 
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  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Colonel  Philipse  with  the  Bill 
intitled    [An  Act  for  making  an  allowance  ^of  Five  thousand   Pounds  to  his  Excellency  the 
Governor  as  a  Compensation  in  Part  for  the  Damage  he  sustained  by  the  late  dreadful  Fire] 
desiring  the  Concurrence  of  the  Council  thereto. 
Ordered,  that  the  said  Bill  beread. 
Then  the  said  Bill  was  read  the  first  time  and 
Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Ten  Eyck  with  the  Bill  intitled 
[An  Act  to  regulate  Elections  for  Representatives  in  General  Assembly  for  the  City  and  County 
of  Albany  and  County  of  Westchester]  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. 

A  Message  from  the  General  Assembly  by  Colonel  Peter  Livingston  and  Colonel  Ten  Brock 
with  the  Bill  intitled  [An  Act  to  amend  an  Act  intitled  An  Act  to  prevent  Damages  by  Swine 
in  the  Manor  of  Livingston]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Colonel  Wells  with  the  Bill  intitled 
[An  Act  for  preventing  Tumultuous  and  Riotous  Assemblies  in  the  Places  therein  mentioned,  and 
for  the  more  speedy  and  effectual  punishing  the  Rioters]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  prevent  the  Depreciating  the  paper  Currency  of  this  Colony]  and  after  some  time  spent  therein 
The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the 
Committee  had  gone  through  the  Bill  made  several  amendments  thereto,  which  he  read  in  his 
place  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table  where  the  same  being 
again  read  and  agreed  to 

Ordered,  that  the  Bill  be  ingrossed. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  amendment  of  the  law  for  prevention  of  Frauds  and  Perjuries]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 
Ordered,  that  the  Bill  be  engrossed. 
The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1924  Journal  of  the  Legislative  Council  of  New  York.  [*£  £"37: 

Friday,  the  fourth  day  of  March,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT—  The  Honorable  JOHN  WATTS,  Esqr,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  ingrossed  Bill  intitled  [An  Act  to  prevent  the  depreciating  the  Paper  Currency  of  this 
Colony]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Morris  do  carry  the  Bill  to  the  General  Assembly  and  desire  their  Concurrence 
thereto. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  declare  Hanson's  Purchase  a  Precinct  independent  and  distinct  from  Rye]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  more  easy  collecting  his  Majesty's  Quit  Rents  in  the  Oblong  Patent  in  the  Counties  of 
Dutchess  and  Westchester  and  for  dividing  the  same  into  three  Districts]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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 

Resolv(d,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  this  House  have  passed 
the  two  last  mentioned  Bills  without  Amendment. 

The  Bill  intitled  [An  Act  for  making  an  Allowance  of  Five  Thousand  Pounds  to  his 
Excellency  the  Governor  as  a  Compensation  in  Part  for  the  Damage  he  sustained  by  the  late 
dreadful  Fire]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  Bill  without  Amendment. 

The  Bill  intitled  [An  Act  for  preventing  tumultuous  and  riotous  Assemblies  in  the  Places 
therein  mentioned,  and  for  the  more  speedy  and  effectual  punishing  the  Rioters]  was  read  the 
time  and 


1774.]  William  Tryon,  Esq:  Governor.  1925 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  regulate  Elections  for  Representatives  in  General  Assembly  for 
the  City  and  County  of  Albany  aud  County  of  Westchester]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  amend  an  Act  intitled  An  Act  to  prevent  Damages  by  Swine  in 
the  Manor  of  Livingston]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Mr  Walton  with  the  Bill  intitled 
[An  Act  for  Naturalizing  the  several  Persons  therein  named]  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  until  Tuesday  next  at  11  o  Clock  in  the  Morning, 


Tuesday,  (he  eighth  day  of  March,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The   Honorable   OLIVER  DE  LANCEY,  Esquire,  Speaker, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  for  Naturalizing  the  several  Persons  therein  named]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  for  the  more  effectual  Prevention  of  private  Lotteries]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  regulate  Elections  for  Representatives  in  General  Assembly  for  the  City  and  County  of  Albany 
and  County  of  Westchester]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 


Journal  of  the  Legislative  Council  of  New   York. 

Then  the  said  Bill  was  read  the  third  time  and 
On  the  Question  being  put 
Resolved,  that  the  said  Bill  do  pass. 

The  Hrse^esolveVitsel'nnto'a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  amend  an  Act  intitled  An  Act  to  prevent  Damages  by  Swine  in  the  Manor  of  Livingston] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Gale  with  the  Bill  intitled  [An 
Act  for  running  out  and  marking  the  Division  Line  between  the  Counties  of  Ulster  and  Orange 
from  the  East  side  of  the  Shawungunk  Mountains  to  the  Delaware  River]  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. 

A  Message  from  the  General  Assembly  by  Mr  Brush  and  Captain  Seaman  with  the  Bill 
intitled  [An  Act  to  amend  an  Act  intitled  An  Act  for  the  better  laying  out  regulating  and 
keeping  in  Repair  the  common  and  publick  Highways  in  the  County  of  Charlotte]  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Kissam  with  the  Bill  intitled  [An 
Act  for  the  Relief  of  Parishes  and  other  Places  from  such  Charges  as  may  arise  from  Bastard 
Children  born  within  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  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Col  Livingston  and  Mr  Jauncey  with  the  Bill  intitled 
[An  Act  to  amend  an  Act  intitled  An  Act  to  empower  the  Justices  of  the  Peace  of  the  County 
of  Albany  living  or  dwelling  in  the  Township  of  Schenectady  in  the  said  County  to  regulate 
the  Streets  and  Highways,  and  to  prevent  Accidents  by  Fire  in  the  said  Town]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Mr  Ten  Eyck  with  the  Bill 
intitled  [An  Act  for  raising  a  sum  not  exceding  one  thousand  Pounds  for  building  a  Court  House 
and  Goal  in  the  County  of  Orange  and  for  other  Purposes  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  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  prevent  Justices  of  the  peace  from  trying  Causes  in  Taverns  in  the  Places  therein  mentioned] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill  made  several  Amendments  thereto,  which  he  read  in  his  Place, 
where  the  Amendments  were  again  read,  and  being  agreed  to  and  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  as  amended  do  pass. 

Ordered,  that  Mr  White  do  return  the  Bill  with  the  Amendments,  and  acquaint  the  General 
Assembly  that  this  House  have  passed  the  Bill  with  the  said  Amendments  to  which  they  desire 
the  Concurrence  of  that  House. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1774.]  William  Tryon,  Esq:  Governor.  1927 

Wednesday,  the  ninth  day  of  March,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  engrossed  Bill  intitled  [An  Act  for  the  Amendment  of  the  Law  for  the  prevention  of 
Frauds  and  Perjuries]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  carry  the  Bill  to  the  General  Assembly  and  desire  their  Concurrence 
thereto. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Thomas  acquainting  this  House 
that  the  General  Assembly  have  passed  the  Bill  intitled  [An  Act  to  prevent  the  depreciating 
the  Paper  Currency  of  this  Colony]  without  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Nicoll  acquainting  this  House 
that  the  General  Assembly  have  passed  the  Bill  intitled  [An  Act  for  the  better  Discovery  of 
Judgments  in  the  Courts  of  Record  in  this  Colony]  without  Amendment. 

His  Excellency  William  Tryon  Esquire  Captain  General  and  Governor  in  Chief  of  this 
Province  being  come  to  the  Council  Chamber  sent  a  Message  by  the  Deputy  Secretary  to  the 
General  Assembly  requiring  their  immediate  Attendance  in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly 

His  Excellency  in  the  presence  of  the  Council  and  General  Assembly  was  pleased  to  give 
his  assent  to  Twenty  nine  Bills  passed  by  the  two  Houses,  the  Titles  whereof  are  as  follow 

An  Act  for  making  a  further  Provision  of  Two  Thousand  Pounds  for  furnishing  his  Majesty's 
Troops  quartered  in  this  Colony  with  Necessaries  for  one  Year. 

An  Act  for  making  an  Allowance  of  five  Thousand  Pounds  to  his  Excellency  the  Governor 
as  a  Compensation  in  Part  for  the  Damage  he  sustained  by  the  late  dreadful  Fire. 

An  Act  for  the  better  setling  Intestates  Estates. 

An  Act  for  the  Relief  of  Creditors  against  fraudulent  Devises. 

An  Act  for  the  better  preventing  of  excessive  and  deceitful  Gaming. 

An  Act  for  the  better  Security  and  more  easy  Recovery  of  Rents  and  Renewal  of  Leases, 
and  to  prevent  Frauds  committed  by  Tenants. 

An  Act  for  the  better  Discovery  of  Judgments  in  the  Courts  of  Record  in  this  Colony. 
An  Act  to  prevent  the  depreciating  the  Paper  Currency  of  this  Colony. 
An  Act  for  the  more  effectual  Prevention  of  private  Lotteries. 

An  Act  to  revive  an  Act  intitled  An  Act  to  restrain  Hawkers  and  Pedlars  within  this  Colony 
from  selling  without  Lycence  with  an  Addition  thereto. 

An  Act  to  amend  an  Act  intitled  An  Act  for  the  speedy  punishing  and  releasing  such  Persons 
from  Imprisonment  as  shall  commit  any  Criminal  Offences  under  the  Degree  of  Grand  Larceny. 

An  Act  to  prevent  the  Abatement  of  Suits  by  the  Death  of  the  Parties. 

An  Act  to  prevent  the  breaking  or  defacing  the  Mile  Stones  now  or  hereafter  to  be  erected 
in  this  Colony. 

An  Act  for  preventing  tumultuous  and  riotous  assemblies  in  the  Places  therein  mentioned, 
and  for  the  more  speedy  and  effectual  Punishing  the  Rioters. 

An  Act  for  the  better  regulating  the  public  Roads  in  the  City  and  County  of  New  York. 

An  Act  to  revive  an  Act  intitled  An  Act  for  the  better  Regulation  of  the  Election  of  Officers 
in  the  City  of  New  York  chosen  by  Virtue  of  the  Charters  granted  to  the  said  City  and  other 
Purposes  therein  mentioned. 

An  Act  to  lay  a  Tax  on  Dogs  in  the  Cities  of  New  York  and  Albany,  and  Counties  of  Queens 
and  Suffolk. 


1928  Journal  of  the  Legislative  Council  of  New  York. 

An  Act  to  amend  An  Act  intitled  An  Act  for  the  better  laying  out  regulating  and  keeping 
in  Repair  the  public  Roads  and  Highways  in  the  City  and  County  of  Albany  and  County  of 

Tryon. 

An  Act  to  settle  a  Line  of  Jurisdiction  between  the  Counties  of  Ulster  and  Albany. 

An  additional  Act  for  laying  out  and  improving  public  Roads  in  Ulster  County. 

An  Act  to  prevent  Damages  by  Swine  in  the  Township  of  Marlletown  in  the  County  of 
Ulster. 

An  Act  to  raise  the  Sum  of  Four  Hundred  Pounds  to  finish  the  Court  House  and  Goal  in 
Goshen  in  the  County.of  Orange. 

An  Act  to  confine  Rams  at  certain  Seasons  of  the  year  in  the  Counties  of  Ulster  Orange  and 
Dutchess. 

An  Act  for  the  more  easy  collecting  his  Majesty's  Quit  Rents  in  the  Oblong  Patent  in  the 
Counties  of  Dutchess  and  Westchester  and  for  dividing  the  same  into  three  Districts. 

An  Act  to  amend  an  Act  intitled  An  Act  for  the  better  clearing  regulating  and  further  laying 
out  public  Highways  in  the  County  of  Westchester. 

An  Act  to  repeal  an  Act  intitled  An  Act  for  the  better  regulating  and  keeping  in  Repair  the 
public  Roads  in  the  Borough  and  Town  of  Westchester  and  to  levy  Money  to  defray  the  Expence 
thereof. 

An  Act  to  declare  Harison's  Purchase  a  Precinct  independent  and  distinct  from  Rye. 

An  Act  to  amend  an  Act  intitled  An  Act  for  laying  out  regulating  and  keeping  in  Repair 
common  and  public  Highways  in  the  County  of  Cumberland  ;  and  to  facilitate  the  raising  the 
County  Charges  in  the  said  County. 

An  Act  to  amend  an  Act  intitled  An  Act  to  prevent  Damages  by  Swine  in  the  Manor  of 
Livingston. 

His  Excellency  the  Governor  then  left  the  Council  Chamber  and  the  General  Assembly 
returned  to  the  Assembly  Chamber. 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  for  running  out  and  marking  the  Division  Line  between  the  Counties 
of  Ulster  and  Orange  from  the  East  side  of  the  Shawungunck  Mountains  to  the  Delaware  River] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  amend  an  Act  intitled  An  Act  for  the  better  laying  out  regulating 
and  keeping  in  Repair  the  common  and  public  Highways  in  the  County  of  Charlotte]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  for  the  Relief  of  Parishes  and  other  Places  from  such  Charges  as 
may  arise  from  Bastard  children  born  within  the  same]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  amend  an  Act  intitled  An  Act  to  empower  the  Justices  of  the 
Peace  of  the  County  of  Albany  living  or  dwelling  in  the  Township  of  Schenectady  in  the  said 
County  to  regulate  the  Streets  and  Highways  and  to  prevent  accidents  by  Fire  in  the  said  Town] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  for  raising  a  Sum  not  exceeding  one  thousand  Pounds  for  building 
a  Court  House,  and  Goal  in  the  County  of  Orange,  and  for  other  Purposes  therein  mentioned] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Thursday,  the  tenth  day  of  March,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT —  The   Honorable  DANIEL  HOUSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCEY, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

JOHN  HARRIS  CHUQEE,  Esq™. 

The  Speaker  assumed  the  Chair. 


1774.]  William  Tnjon,  Esq :  Governor.  1929 

A  Message  from  the  General  Assembly  by  Mr  Billop  and  Mr  Rapalje  with  the  Bill  intitled  [An 
Act  for  the  better  regulating  the  Militia  of  the  Colony  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  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  running  out  and  marking  the  Division  Line  between  the  Counties  of  Ulster  and  Orange  from 
the  East  side  of  the  Shawungunk  Mountains  to  the  Delaware  River]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  amend  an  Act  intitled  An  Act  for  the  better  laying  out  regulating  and  keeping  in  Repair 
the  common  and  public  Highways  in  the  County  of  Charlotte]  and  after  some  time  spent  therein 

Ttie  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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  Mr  Morris  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  Relief  of  Parishes  and  other  Places  from  such  Charges  as  may  arise  from  Bastard  Children 
born  within  the  same]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  tlr3  Committee  of  the  whole  House  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. 

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  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  amend  an  Act  intitled  An  Act  to  empower  the  Justices  of  the  Peace  of  the  County  of  Albany 
living  or  dwelling  in  the  Township  of  Schenectady  in  the  said  County  to  regulate  the  Streets 
and  Highways  and  to  prevent  Accidents  by  Fire  in  the  said  Town]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpc  from  the  Committee  of  the  whole  House  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. 

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  Mr  Apthorpe  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 

242 


193o  Journal  of  the  Legislative  Council  of  New  York 

Friday,  the  eleventh  day  of  March,  1774. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The   Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
CHAS  WARD  APTHORP, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Colonel  Ten  Broeck  with  the  Bill 
intitled  [A°n  Act  to  amend  an  Act  entitled  An  Act  for  the  better  laying  out  and  keeping  in 
Repair  common  Public  and  private  Highways  in  the  County  of  Orange]  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  Bill  intitled  [An  Act  for  the  better  regulating  the  Militia  of  the  Colony  of  New  York] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorpe  from  the  Committee  of  the  whole  House  in  his  Place  Reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  several  Amendments  thereto  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  being  agreed  to,  the  Report  was  approved  of,  and  the  Amendments 

Ordered  to  be  engrossed,  and  being  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 

Resohcd,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  De  Lancey  do  return  the  Bill  with  the  Amendments  to  the  General  Assembly 
and  acquaint  the  Geneml  Assembly  that  this  House  have  passed  the  Bill  with  the  said 
Amendments  to  which  they  desire  their  Concurrence. 

The  Council  adjourned  until  Monday  Morning  11  o  Clock. 


Monday,  the  fourteenth  day  of  March,  1774 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honourable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

ROGER  MORRIS, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq''. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  amend  an  Act  entitled  An  Act  for  the  better  laying  out  and 
keeping  in  Repair  Common  public  and  private  Highways  in  the  County  of  Orange]  was  read 
the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  raising  a  Sum  not  exceeding  one  thousand  Pounds  for  building  a  Court  House  and  Goal  in  the 
County  of  Orange  and  for  other  Purposes  therein  mentioned]  and  alter  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 


1774.J  William  Tryon,  Esq :  Governor.  1931 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  amend  an  Act  entitled  An  Act  for  the  better  laying  out  and  keeping  in  Repair  Common 
Public  and  private  Highways  in  the  County  of  Orange]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  paid  Bill  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  Amendment. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Tuesday,  the  fifteenth  day  of  March,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHOEP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col  P.  Livingston  and  Mr  Rapalje  with  the  Bill 
intitled  [An  Act  to  raise  the  sum  of  Twelve  thousand  Pounds  by  Lottery  or  Lotteries  towards 
building  a  Province  House  and  Secretary's  Office]  desiring  the  Concurrence  of  the  Council 
thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordired  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Boerum  with  the  Bill  intitled 
[An  Act  for  the  Relief  of  Insolvent  Debtors  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  De  Noyelles  with  the  Bill 
intitled  [An  Act  for  laying  a  Road  through  the  Land  of  Adolph  Myer  to  Mutie  David's  Fly  in 
the  Township  of  Harlem]  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. 

A  Message  from  the  General  Assembly  by  Col.  Philips  and  Captain  Seaman  with  the  Bill 
intitled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony  with  Respect  to  the 
Imprisonment  of  their  Persons]  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. 


'Journal  of  the  Legislative  Council  of  New  York.  [^hsS' 

A  Me«saee  from  the  General  Assembly  by  Mr  Gale  and  Mr  Rapalje  with  the  Bill  intitled  [An 
Act  for  die  better  regulating  the  Militia  of  the  Colony  of  New  York]  with  the  Amendments 
made  thereto  by  the  Council  acquainting  this  House  that  the  General  Assembly  have  agreed  to 
the  first  and  second  Amendments,  but  disagreed  to  the  last. 

Mr  Smith  then  moved  that  this  House  do  desire  a  Conference  with  the  General  Assembly  on 
the  subject  Matter  of  the  said  Amendment  and  that  a  Committee  of  this  House  be  appointed 
for  that  purpose  to  meet  and  confer  with  the  Committee  to  be  appointed  by  the  General  Assembly. 

And  the  said  Motion  being  seconded,  was 

On  the  Question  being  put 

Carried  in  the  Negative. 

DISSENT. 

First,  Because  there  is  great  reason  to  apprehend  if  the  General  Assembly  do  not  consent 
to  the  last  amendment  proposed  by  this  House,  that  the  Militia  Bill  will  be  lost  by  the 
Governor's  negative. 

Secondly,  Because  the  Condition  of  the  Province  renders  it  Dangerous  at  this  Juncture  to 
leave  the  Executive  Branch  without  the  aid  of  the  Militia,  it  requiring  but  little  Discernment 
to  foresee,  Judging  from  the  Addresses  of  both  Houses  to  his  Excellency  at  the  opening  of  the 
present  Session,  the  Resolves  of  the  lower  House,  and  the  Act  we  have  just  passed,  relating  to 
the  outrages  in  the  northern  Counties,  that  if  there  is  no  Militia  to  suppress  Insurrections,  and 
aid  the  Posse  Comitatus,  the  Possessions  of  the  reduced  Officers  and  Soldiers  and  others, 
claiming  Lands  in  the  Counties  adjudged  to  be  within  this  Colony  by  the  Royal  Decision  of 
1764,  will  be  destroyed  by  the  Ravages  of  the  Rioter?,  of  whose  Enormities  the  oppressed 
Inhabitants  have  so  often  and  so  loudly  and  Justly  complained. 

Thirdly,  Because  it  appears  to  me  highly  probable  that  the  General  Assembly  may  be 
persuaded  by  a  free  and  friendly  conferrence  to  consent  to  the  last  amendment  proposed  by 
this  House,  when  they  are  made  acquainted,  that  the  Council  cannot  recede  from  the  proposed 
amendment : 

(1.)  Because  such  a  Restraint  upon  the  Crown,  as  the  clause  objected  to  contains,  would  be 
an  Attack  upon  the  Royal  Prerogative,  of  distributing  Honors  and  Trusts  according  to  his 
Majesty's  Pleasure. 

(2.)  Because  the  like  amendment  to  a  Militia  Bill  was  sent  down  to  the  Assembly  in  March 
1772,  and  then  by  them  assented  to. 

(3.)  Because  no  Instance  in  the  Conduct  of  Government,  since  the  passing  of  the  last  Militia 
Act  in  1772,  can  as  I  conceive  be  assigned  to  Justify  a  change  of  the  sentiments,  manifested  by 
this  House,  in  proposing  the  amendment  at  that  time,  and  by  the  Assembly  in  Assenting 
thereto. 

(4.)  Because  the  receding  from  our  Amendment,  may  not  only  expose  us,  to  the  Imputation  of 
Instability  in  our  Councils,  but  open  a  Door  to  surmizes  already  incongruous  with  the 
Honorable  Testimonials  we  have  given,  and  justly  owed  to  his  Excellency,  for  an  administration 
wise  and  impartial,  fair  and  generous  and  steadily  conducted,  by  Principles  unbiased  by  Party 
Feuds  and  acknowledged  to  be  equally  friendly  to  the  Rights  of  the  Crown  and  Weal  of  the 
Colony. 

Lastly,  Because  throughout  the  whole  Militia  of  the  Colony,  I  do  not  recollect  any  Militia 
Officer,  except  the  single  Instance  of  a  Gentleman  in  the  Rank  of  Colonel,  residing  out  of  the 
County  where  his  Regim'  is  formed,  who  nevertheless  dwells  at  no  remote  distance  from  it,  has 
a  House  and  Servants  there,  to  which  he  frequently  resorts,  enjoys  one  of  the  most  opulent 
Estates  in  the  County,  and  had  the  Rank  of  Colonel  conferred  upon  him  in  the  administration 
of  Sir  Henry  Moore.  Whence  there  seems  to  be  room  to  conclude  that  the  evil  consequences 
of  the  appointm'  of  one  non  resident  Colonel  (and  he  not  complained  of  by  the  Regiment,  and 
removable  by  the  Governor,  if  he  was)  must  be  if  not  imaginary,  of  very  little  moment  if  we 
consider  on  the  other  Hand  the  imminent  Dangers  to  which  the  northern  Setlers  will  be 
exposed,  the  aspect  which  the  Bill  unamended  will  have  upon  the  Prerogative  of  the  Crown, 
arid  the  Expence  and  Trouble  of  a  new  convention  of  the  General  Assembly  which  will  be 
necessary  if  the  Public  Tranquility  should  unfortunately  be  disturbed  by  a  renewal  of  the 
Disorders  in  the  Northern  Districts  of  the  Colony. 

WM  SMITH. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Captain  Seaman  with  the  Bill 
passed  by  this  House  intitled  [An  Act  for  the  more  effectual  Registry  of  Mortgages  and  for 
securing  the  Purchasers  of  Mortgaged  Estates]  acquainting  this  House  that  the  General 
Assembly  have  passed  the  said  Bill  without  Amendment. 

The  Council  adjourned  till  this  Afternoon  4  o  clock. 


1774.]  William  Tryon,  Esq:  Governor.  1933 

Tuesday,  the  fifteenth  da;/  of  March,  1774.     Post  Meridiem. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The    Honorable    DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  i\l  ORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  to  raise  the  sum  of  Twelve  thousand  Pounds  by  Lottery  or  Lotteries 
towards  building  a  Province  House  and  Secretary's  Office]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  for  laying  a  Road  thro  the  Land  of  Adolph  Myer  to  Mutie  David's 
Fly  in  the  Township  of  Harlem]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intiiled  [An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony  with  respect 
to  the  Imprisonment  of  their  Persons]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  until  Thursday  Morning  11  o  Clock. 


Thursday,  the  seventeenth  day  of  March,  1774. 

The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHH  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Nicoll  with  the  Bill  passed 
by  this  House  intitled  [An  Act  for  the  amendment  of  the  Law  for  Prevention  of  Frauds  and 
Perjuries]  acquainting  this  House  that  the  General  Assembly  hath  passed  the  said  Bill  without 
Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Wilkins  with  the  Bill  intitled 
[An  Act  t^  enable  Lewis  Morris  and  John  Sickles  to  erect  and  build  a  Bridge  across  Harlem 
River]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Noyelles  and  Colonel  Wells  with  the  Bill 
intitled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange]  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Colonel  Seaman  with  the  Bill  intitled 
[An  Act  to  empower  certain  Persons  therein  named  to  compleat  a  Ditch  that  is  partly  dug  from 
Gowanes  Bay  to  the  East  River  in  Kings  County  under  certain  Restrictions]  desiring  the 
Concurrence  of  the  Council  thereto. 


1934  Journal  of  the  Legislative  Council  of  New  York.  Kl""™' 

Ordered,  that  the  said  Bill  he  read. 

Then  the  said  Bill  was  read  the  first  time  and 

A'afesuge  from  the  General  Assembly  by  Colonel  Seaman  and  Colonel  Philips  with  the  Bill 
intitled  ["An  Act  to  amend  an  Act  infilled  An  Act  for  the  more  effectual  Prevention  of  Fires  and 
for  regulating  Buildings  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. 

A  Message  from  the  General  Assembly  by  Colonel  Seaman  and  Mr  Boerum  with  the  Bill 
intitled  [An  Act  for  the  Payment  of  the  salaries  of  the  several  Officers  of  this  Colony  and  other 
Purposes  iherein  mentioned]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  bf  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ord<rcii  a  second  Reading. 

The  House  being  informed  that  John  Sebring  attended  without  he  was  called  in,  and 
presented  to  this  House  a  petition  of  Jacob  Sebring,  Jacob  Sebring  Junior  and  John  Van  Dyck 
praying  that  the  Bill  now  before  this  House  enabling  certain  Persons  to  complete  a  Ditch  from 
GowaiTfS  to  the  East  River,  may  be  rejecled  or  that  the  Petitioners  may  be  heard. 

On  reading  whereof, 

Ordered,  that  the  Petitioners  or  either  of  them  be  heard  against  the  said  Bill  and  that  they 
attend  for  that  Purpose  to  Morrow  Morning  11  o  Clock. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  Relief  of  Insolvent  Debtors  within  this  Colony  with  respect  to  the  Imprisonment  of 
their  Persons]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

Oidercd,  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  laying  a  Road  through  the  land  of  Adolph  Myer  to  Mutie  David's  Fly  in  the  Township  of 
Harlem]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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, 

Resolv.'d,  that  the  said  Bill  do  pass. 

Ord/rcd,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Council  adjourned  till  this  Afternoon  4  o'Clock. 


Thursday,  the   seventeenth  day  of  March,  1774.     P.M. 
The  Council  met  according  to  adjournment. 

PRESENT —  Tke  Honorable  DANIEL  HORSJIANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HEXHY  WHITE, 

WILLIAM  A.XTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 


1774.]  William  Try  on,  Esq :  Governor.  1935 

The  Bill  intitled  [An  Act  to  enable  Lewis  Morris  and  John  Sickles  to  erect  and  build  a  Bridge 
across  Harlem  River]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  to  empower  certain  Persons  therein  named  to  compleata  Ditch  that 
is  partly  Dug  from  Uowanus  Bay  to  the  East  River  in  Kings  County  under  certain  Restrictions] 
was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  amend  an  Act  entitled  An  Act  for  the  more  effectual  Prevention 
of  Fires  and  for  regulating  Buildings  in  the  City  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  this 
Colony  mid  other  Purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  until  to  Morrow  Morning  11  o  Clock. 


Friday,  the  eighteenth  day  of  March,  1774. 
The  Council  met  according  to  adjournment. 
PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 


JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  i  sell  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  for  the  Payment  of  the  Salaries  of  the  several  Officers  of  this  Colony  and  other  Purposes 
therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  HOUSH  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  Relief  of  Insolvent  Debtors  within  this  Colony]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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 

PLCsolced,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  two  Bills  without  Amendment. 

The  Speaker  left  tha  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 


1936  Journal  of  the  Legislative  Council  of  New  York. 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  An  Act 
to  enable  Lewis  Morris  and  John  Sickles  to  erect  and  build  a  Bridge  across  Harlem  River]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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  Mr  White  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  House  being  informed  that  John  Rapalje  Esqr  attended  without  in  order  to  present  a 
Petition  to  the  House  and  he  being  called  in  presented  a  Petition  in  the  name  of  Nicholas  Van 
Veght  in  Behalf  of  himself  and  the  other  Inhabitants  of  Gowanes  on  Nassau  Island  praying 
that  the  House  will  proceed  to  the  Consideration  of  the  Bill  before  this  House  intitled  [An 
Act  to  impower  certain  Persons  therein  named  to  complete  a  Ditch  that  is  partly  dug  from 
Gowanes  Bay  to  the  East  River  in  King's  County  under  certain  Restrictions]  and  of  the 
Reasons  which  gave  Rise  to  the  Bill  and  which  occasioned  its  passing  the  General  Assembly. 

On  reading  of  which  petition, 

Ordered,  that  the  same  together  with  the  Petition  of  Jacob  Sebring  Jacob  Sebring  Junior  and 
John  Van  Dyck  presented  to  this  House  yesterday  be  referred  to  the  Committee  to  whom  the 
said  Bill  is  referred  and  that  the  Petitioners  on  both  sides  be  heard  before  the  Committee  as  to 
their  Reasons  for  and  against  the  passing  of  the  said  Bill. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  both 
Parties  attending  and  being  fully  heard  before  the  Committee  as  well  in  support  of  as  against 
the  passing  of  the  said  Bill  and  being  withdrawn, 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  heard  the  Petitioners  as  well  for  as  against  the  Bill  and  having  gone  through  the  Bill  had 
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  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  Mr  Morris  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  Bill  without  Amendment. 

The  House  taking  into  Consideration  the  Message  of  the  General  Assembly  on  the  15th 
Instant  acquainting  this  House  that  they  do  not  agree  to  the  third  Amendment  made  by  this 
House  to  the  Bill  intitled  [An  Act  for  the  better  regulating  the  Militia  of  the  Colony  of  New 
York]  and  the  said  Amendment  being  again  read, 

Rcsoli-cd,  that  this  House  do  adhere  to  the  said  Amendment. 

Ordered,  that  Mr  Smith  do  return  to  the  General  Assembly  the  Bill  with  the  Amendments 
thereto,  and  acquaint  the  General  Assembly  that  this  House  do  adhere  to  their  said  third 
Amendment. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


1774.]  William  Tryon,  Esq  :  Governor.  1937 

Saturday,  the  nineteenth  day  of  March,  1774. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esqrt. 

The  Speaker  assumed  the  Chair. 

His  Excellency  William  Tryon  Esqr  Captain  General  and  Governor  in  Chief  of  this  Province 
being  come  to  the  Council  Chamber  sent  a  Message  to  the  General  Assembly  requiring  their 
immediate  attendance  in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly, 

His  Excellency  in  the  presence  of  both  Houses  was  pleased  to  give  his  assent  to  fifteen  Bills 
passed  by  the  two  Houses,  the  Titles  whereof  are  as  follow 

An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this  Colony  and  other 
purposes  therein  mentioned. 

An  Act  for  the  more  effectual  Registry  of  Mortgages,  and  for  securing  the  Purchasers  of 
Mortgaged  Estates. 

An  Act  for  the  amendment  of  the  Law  for  Prevention  *  of  Frauds  and  Perjuries. 

An  Act  for  the  Relief  of  Parishes  and  other  Places  from  such  charges  as  may  arise  from 
Bastard  Children  born  within  the  same. 

An  Act  to  amend  An  Act  entitled  An  Act  to  empower  the  Justices  of  the  Peace  of  the 
County  of  Albany  living  or  dwelling  in  the  Township  of  Schenectady  in  the  said  County  to 
regulate  the  Streets  and  Highways,  and  to  prevent  accidents  by  Fire  in  the  said  Town. 

An  Act  for  running  out  and  marking  the  Division  Line  between  the  Counties  of  Ulster  and 
Orange  from  the  east  side  of  the  Shawangunk  Mountains  to  the  Delaware  River. 

An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange. 

An  Act  to  amend  An  Act  intitled,  An  Act  for  the  better  laying  [out]  and  keeping  in  Repair 
common  public  and  private  Highways  in  the  County  of  Orange. 

An  Act  for  raising  a  sum  not  exceeding  one  thousand  pounds  for  building  a  Court  House  and 
Goal  in  the  County  of  Orange,  and  for  other  purposes  therein  mentioned. 

An  Act  to  amend  An  Act  intitled,  An  Act  for  the  better  laying  out,  regulating  and  keeping 
in  repair  the  Common  and  public  Highways  in  the  County  of  Charlotte. 

An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony  with  respect  to  the  Imprison 
ment  of  their  Persons. 

An  Act  for  the  Relief  of  Insolvent  Debtors  within  this  Colony. 

An  Act  for  laying  out  a  Road  through  the  Land  of  Adolph  Myer  to  Mutie  David's  Fly  in  the 
Township  of  Harlem. 

An  Act  to  enable  Lewis  Morris  and  John  Sickles  to  erect  and  build  a  Bridge  across  Harlem 
River. 

An  Act  to  impower  certain  Persons  therein  named  to  compleat  a  Ditch  that  is  partly  dug 
from  Gowanes  Bay  to  the  East  River  in  Kings  County,  under  certain  Restrictions. 

His  Excellency  the  Governor  was  then  pleased  to  prorogue  the  General  Assembly  to  the 
seventeenth  day  of  May  next,  and  the  General  Assembly  is  prorogued  accordingly. 

*  "  Preservation  "  in  the  manuscript ;  but  evidently  an  error. 

243 


Journal  of  the  Legislative  Council  of  New  York. 

[N.  Y.  Col.  MSS.,  C.,  112  ] 
BY   THE   HONORABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  the  seventeenth  Instant 
I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the  advice  of  his 
Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  sixteenth  day  of  June  now 
next  ensuino-  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  BrooUand  Ferry  in  Kings  County  on 
Nassau  Island  the  sixteenth  day  of  May  one  thousand  seven  hundred  and 
seventy  four  in  the  fourteenth  year  of  the  Reign  of  our  Sovereign  Lord  George 
the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth. 

CADWALLADER  GOLDEN. 

By  His  Honor's  Command 

SAM  BAYARD  Junr  D  Sccry. 

God  save  the  KINO. 


[N.  Y.  Col.  MSS.,  C.,  117.] 

BY  THE  HONORABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  sixteenth  Instant 
I  have  thought  fit  for  his  Majesty's  service  to  Prorogue  and  I  do  by  and  with  the  advice  of  his 
Majesty's  Council  farther  prorogue  the  said  General  Assembly  to  the  third  day  of  August  now 
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  Brooklund  Ferry  in  Kings  County 
on  Nassau  Island  the  fourteenth  day  of  June  one  thousand  seven  hundred  and 
seventy  four  in  the  fourteenth  year  of  the  Reign  of  our  Sovereign  Lord  George 
the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth. 

CADWALLADER  GOLDEN. 
By  His  Honor's  Command 

SAM  BAYARD  Junr  D  SCcry. 

God  save  the  KING. 


1774.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1939 

[N.  Y.  Col.  MSS.,  C.,  130.] 

BY  THE  HONORABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  third  Instant  I 
have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the  advice  of  his 
Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  seventh  day  of  September 
now  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  Brooldand  Ferry  in  Kings  County  on 
Nassau  Island  the  second  day  of  August  one  thousand  seven  hundred  and 
seventy  four,  in  the  fourteenth  year  of  the  Reign  of  our  Sovereign  Lord  George 
the  Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth. 

CADWALLADER  GOLDEN. 
By  His  Honor's  Command 

SAM  BAYARD  Junr  D  SScry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  CL,  1.] 

BY  THE  HONORABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  seventh  day  of 
September  Instant  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  Jifth  day 
of  October  now  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  first  day  of  September  (me.  thousand  seven  hundred  and  seventy  four, 
in  the  fourteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third 
by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth. 

CADWALLADER  GOLDEN. 
By  his  Honor's  Command 

SAM  BAYARD  Junr  D  Sccry. 

God  save  the  KING. 


1940  Journal  of  the  Legislative  Council  of  New  York. 

IN.  T.  Col.  MS3.,  CI.,  12.] 

BY  THE  HONORABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  fifth  day  of 
October  next.  I  have  thought  fie  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with 
the  Advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  second 
day  of  November  now  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  September  one  thousand  seven  hundred  and  seyenty 
four,  in  the  fourteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the 
Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth. 

CADWALLADER  GOLDEN. 
By  his  Honor's  Command 

SAM  BAYARD  Junr  D  Secrv. 

God  save  the  KING. 


[N.  T.  Col.  MSS.,  CI.,  22.] 
\ 

BY  THE  HONORABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  second  day  of 
November  next,  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  seventh 
day  of  December  now  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  October  one  thousand  seven  hundred  and  seventy 
four,  in  the  fifteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the 
Third  by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King 
Defender  of  the  Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  his  Honor's  Command 

SAM  BAYARD  Junr  D  Sccrv. 

God  save  the  KING. 


1775.]  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1941 

[  N.  T.  Col.  MSS.,  CI.,34.  ] 

BY  THE  HONORABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  seventh  day  of 
December  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  tenth  day 
of  January  now  next  ensuing,  then  to  meet  to  proceed  upon  business  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  thirtieth  day  of  November  one  thousand  seven  hundred  and  seventy  four, 
in  the  fifteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third 
by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of 
Faith  and  so  forth. 

CADWALLADER  COLDEN. 
By  his  Honor's  Command 

SAM  BAYAKD  Junr  D  SScry. 

God  save  the  KING. 


THIRTY-FIRST    ASSEMBLY    SEVENTH    SESSION. 


At  a  Session  of  the  Lieutenant  Governor,  the  Council  and  General  Assembly  for  the 
Province  of  New  York  begun  and  holden  at  the  City  Hall  in  the  City  of  New  York 
on  Tuesday  the  tenth  day  of  January  in  the  fifteenth  year  of  the  Reign  of  our 
Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of  Great  Britain  France 
and  Ireland  King  Defender  of  the  Faith  and  so  forth,  and  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  seventy  five. 

The  General  Assembly  having  on  the  nineteenth  day  of  March  last  been  Prorogued  by  His 
Excellency  William  Tryon  Esquire  Captain  General  and  Governor  in  Chief  of  the  said  Province 
to  the  seventeenth  day  of  May  following  and  the  Government  of  this  Colony  having  by  the 
departure  of  his  said  Excellency  William  Tryon  Esquire  for  England  on  the  seventh  day  of 
April  last,  devolved  on  the  HonWe  Cadwallader  Golden  Esquire  His  Majesty's  Lieutenant 
Governor;  His  Honor  was  pleased  by  divers  Proclamations  issued  from  time  to  time,  to  prorogue 
them  as  follows,  that  is  to  say.  On  the  sixteenth  day  of  May  one  thousand  seven  hundred  and 
seventy  four  to  the  sixteenth  day  of  June,  on  the  fourteenth  day  of  June  to  the  third  day  of 
August,  on  the  second  day  of  August  to  the  seventh  day  of  September,  on  the  first  day  of 
September  to  the  fifth  day  of  October,  on  the  twenty  ninth  day  of  September  to  the  second 
day  of  November,  on  the  twenty  eight  day  of  October  to  the  seventh  day  of  December  and  on 
the  thirtieth  day  of  November  to  the  tenth  day  of  January  one  thousand  seven  hundred  and 
seventy  five  then  to  meet  to  proceed  upon  Business. 

The  Council  met  accordingly. 

PRESENT  —  The  Honorable  OLIVER  DE  LANCET,  Esqr,  Speaker, 

ROGER  MORRIS, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  untill  to  Morrow  Morning  11  o  Clock. 


1942  Journal  of  the  Legislative  Council  of  New  York.  [3nh  s^' 

Wednesday,  the  eleventh  day  of  January,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

CHAELES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  untill  to  Morrow  Morning  11  o  Clock. 

Thursday,  the  twelfth  day  of  January,  1775. 
The  Council  met  according  to  adjournment. 

PBESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

EOGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  until  to  Morrow  Morning  11  0  Clock. 

Friday,  the  thirteenth  day  of  January,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCEY, 
CHARLES  WARD  APTHORP, 
WILLIAM  SMITH, 
HUGH  WALLACE,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Honorable  Cadwallader  Golden  Esquire  His  Majesty's  Lieutenant  Governor  and 
Commander  in  Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in 
America,  being  come  to  the  Council  Chamber,  His  Honor  sent  a  Message  by  the  Deputy 
Secretary  to  the  General  Assembly  requiring  the  immediate  attendance  of  that  House  in  the 
Council  Chamber,  And  the  General  Assembly  attending  accordingly, 

Hi* Honor  the  Lieutenant  Governor  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. 

His  Honor  the  Lieutenant  Governor  having  left  the  Council  Chamber,  and  The  General 
Assembly  being  returned  to  the  Assembly  Chamber, 

The  Speaker  resumed  the  Chair. 

Ordered,  that  the  Lieutenant  Governors  Speech  be  Read. 

Then  the  Speech  was  read,  and 

Ordered  to  be  entered  in  the  Journal  of  this  House,  and  the  same  is  as  follows. 

Gentlemen  of  the  Council,  and  General  Assembly, 

I  think  it  unnecessary  at  this  time,  particularly  to  Recommend  to  your  attention  the  ordinary 
Business  of  the  Legislature;  whatever  may  be  found  Conducive  to  the  Dignity  of  His  Majesty's 
Government,  or  the  Happiness  of  His  People  in  this  Colony,  I  shall  cheerfully  promote. 


1775.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1943 

Gentlemen  of  the  General  Assembly, 

The  Support  of  His  Majesty's  Government,  and  other  Allowances  for  His  Service,  I  doubt 
not  you  will  readily  provide  for. 

Gentlemen  of  the  General  Assembly, 

We  cannot  Sufficiently  lament  the  present  disordered  State  of  the  Colonies.  The  Dispute 
between  Great  Britain  and  her  American  Dominions,  is  now  brought  to  the  most  Alarming 
Crisis,  and  fills  every  Humane  Breast  with  the  deepest  Affliction.  It  is  to  you,  Gentlemen,  in 
this  anxious  moment,  that  your  Country  looks  up  for  Council ;  And  on  you  it,  in  a  great 
Measure,  depends  to  Rescue  her  from  Evils  of  the  most  Ruinous  Tendency.  Exert  yourselves 
then  with  the  Firmness  becoming  your  Important  Office.  If  your  Constituents  are  discontented 
and  apprehensive,  examine  their  Complaints  with  Calmness  and  Deliberation,  and  determine 
upon  them  with  an  Honest  Impartiality.  If  you  find  them  to  be  well  grounded,  pursue  the 
Means  of  Redress  which  the  Constitution  has  pointed  out.  Supplicate  the  Throne,  and  our 
Most  Gracious  Sovereign  will  hear  and  Relieve  you  with  Paternal  Tenderness.  But  I  entreat 
you,  as  you  regard  the  Happiness  of  your  Country,  to  discountenance  every  measure  which 
may  increase  our  Distress  :  And  anxious  for  the  Re-establishment  of  Harmony,  with  that  Power 
with  which  you  are  Connected  by  the  Ties  of  Blood,  Religion,  Interest  and  Duty,  prove 
yourselves,  by  your  Conduct  on  this  Occasion,  earnestly  soliicitous  for  a  Cordial  and  permanent 
Reconciliation. 

Gentlemen  of  the  Council  and  General  Assembly, 

In  the  Absence  of  our  most  worthy  Governor  in  Chief,  no  less  distinguished  by  his  extensive 
Abilities  than  his  Zeal  for  the  Honor  of  The  Crown  and  his  Affection  for  the  People  of  this 
Province,  and  at  so  critical  a  Conjuncture,  it  gives  me  great  Consolation  that  I  can  repose  the 
Utmost  Confidence  in  your  Wisdom,  Your  Attachment  to  the  Constitution,  and  your  Regard 
for  the  Interest  of  the  British  Empire.  And  you  may  be  assured  that  my  most  strenuous  Efforts 
shall  be  exerted  to  co-operate  with  you,  in  restoring  that  Trauquility  wrhich  must  be  the  Ardent 
Desire  of  every  Wise,  Virtuous  and  Loyal  Subject. 

CADWALLADER  GOLDEN. 

Ordered,  that  His  Honors  Speech  be  forthwith  printed. 

Mr  Watts  then  moved  that  an  Humble  Address  be  presented  by  this  House  to  His  Honor  the 
Lieutenant  Governor  in  answer  to  his  Speech. 

Ordered,  that  Mr  Watts,  Mr  Morris,  and  Mr  Smith  be  and  they  are  hereby  appointed  a 
Committee  to  prepare  the  Draught  of  the  said  Address,  and  that  they  prepare  and  bring  in  the 
same  on  Teusday  next. 

The  Council  adjourned  till  Teusday  next,  at  11  o  Clock  in  the  Morning. 


Teusday,  the  seventeenth  day  of  January,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honorable   DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCEY, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

Mr  Watts  from  the  Committee  appointed  to  prepare  the  Draft  of  an  Humble  Address  to  His 
Honor  the  Lieutenant  Governor  in  answer  to  his  Speech,  reported  that  the  Committee  had 
prepared  the  same,  which  he  read  in  his  place,  and  then  delivered  the  Draft  in  at  the  Table,, 
where  the  same  was  again  read,  and  being  amended  was  agreed  to  and 

Ordered  to  be  engrosed. 

Ordered,  that  Mr  Watts  and  Mr  Morris  do  wait  on  his  Honor  the  Lieutenant  Governor  and 
desire  to  know  when  he  will  be  pleased  to  be  attended  by  this  House  with  their  Address. 

The  said  Gentlemen  being  returned,  reported,  that  they  had  waited  on  His  Honor  the 
Lieutenant  Governor,  and  that  His  Honor  had  been  pleased  to  Say  he  would  receive  the  Address 
of  this  House  to  morrow  at  12  o  Clock  in  the  Council  Chamber. 

The  Council  adjourned  till  to  morrow  morning  11  o  Clock. 


Journal  of  the  Legislative  Council  of  New  York.  [317fh 

Wednesday,  the  eighteenth  day  of  January,  1775. 

The  Council  met  according  to  adjournment. 
PRESENT—  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  engrosed  Address  to  His  Honor  the  Lieutenant  Governor  was  Read. 

Ordered,  that  the  Speaker  sign  the  said  Address  ;  and 

The  Speaker  having  signed  the  same  accordingly, 

The  Speaker  left  the  Chair,  and  with 

The  House  proceeded  to  the  Council  Chamber  to  present  the  humble  Address  of  this  House 
to  His  Honor  the  Lieutenant  Governor ;  and  being  returned 

The  Speaker  resumed  the  Chair,  and 

Reported  that  having  with  the  House  attended  His  Honor  the  Lieutenant  Governor,  and 
presented  to  him  the  humble  Address  of  this  House,  His  Honor  had  been  pleased  to  return  a 
favourable  Answer  thereto,  which  was  read. 

Ordered,  that  the  said  Address  and  answer  be  entered  in  the  Journal  of  this  House  and  the 
same  are  as  follows 

To  the  Honorable  CADWALLADER  GOLDEN  Esquire  His  Majestys  Lieutenant  Governor  and 
Commander  in  Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon 
in  America. 

The  Humble  ADDRESS  of  His  Majesty's  Council  for  the  Province  of  New  York. 

May  it  please  your  Honor. 

We  His  Majestys  Most  dutiful  and  Loyal  Subjects,  the  Council  for  the  Province  of  New  York, 
return  you  our  Thanks  for  your  Speech. 

The  Utility  and  Necessity  of  promoting  His  Majesty's  Service,  and  the  Felicity  of  the  Colony, 
are  so  Apparent  that  you  may  be  assured  of  our  ready  Concurrence,  in  every  measure  friendly 
to  these  important  and  inseperable  Objects. 

Attached — most  Affectionately  and  Inviolably  Attached  to  the  Honor  and  Interest  of  the 
King,  Zealously  concerned  for  the  Prosperity  and  Glory  of  Great  Britain  and  her  Dependances  ; 
and  impressed  by  a  due  Sense  of  the  innumerable  Benefits,  flowing  from  an  harmonious 
Connection  between  the  several  Branches  of  the  Empire,  We  cannot  look  at  that  Awful 
Precipice  to  which  the  unnatural  Discords  between  the  Parent  State,  and  her  Colonies  are 
tending,  without  Horror  and  Consternation. 

In  Controversies  turning  upon  Principles  of  the  deepest  Policy,  and  of  such  amazing  Magnitude, 
as  to  involve  the  Provinces  in  the  most  distressing  Perplexities,  the  Glorious  Work  of  restoring 
the  common  Tranquility,  and  establishing  an-  intimate  and  permanent  Union  between  all  the 
Parts  of  the  Empire,  must  (under  God)  ultimately  depend,  upon  the  Wisdom  and  Benignity  of 
the  Crown,  and  the  Justice  and  Magnanimity  of  the  British  Nation. 

Gladly  shall  we  sieze  every  opportunity,  to  effect  a  Reconciliation  between  Countries  whose 
Interests  are  so  inseperable,  that  the  true  Patriot  of  either  must  be  a  real  Friend  to  both  :  And 
while  the  means  to  this  desireable  End,  employ  the  Councils  of  the  Nation,  our  most  Vigorous 
Efforts  shall  be  steadily  exerted,  to  prevent  the  destructive  Consequences  of  Anarchy  and 
Confusion. 

It  affords  us  great  Relief  in  this  Critical  Hour  to  find  your  Honor  heartily  disposed  to  promote 
the  same  Salutary  Designs:  and  it  adds  to  our  Consolation  that  in  so  alarming  a  Conjuncture 
this  Colony  has  in  her  Chief  Governor,  an  Advocate  near  the  Throne,  upon  whose  distinguished 
Abilities,  and  active  and  generous  Benevolence  Men  of  all  Ranks  amongst  us  Rely,  with  the 
firmest  Confidence,  for  a  true  and  faithful  Representation  of  our  Condition  and  Character. 

By  Order  of  the  Council 

Council  Chamber  New  York  DANL  HORSMANDEN,  Speeker. 

January  the  18th  1775. 

His  HONORS  answer. 
Gentlemen, 

I  Thank  you  for  this  Address.  It  will  give  me  Pleasure  to  convey  to  the  Throne,  the  warm 
Expressions  of  your  Loyalty  and  Attachment  to  our  Gracious  Sovereign,  and  your  solicitude  for 
the  Glory  of  the  British  Empire. 


1775.]  Cadwallader  Colden,  Esq  :  Lieut.  Governor.  1945 

While  we  with  Confidence  rely  on  His  Majestys  Wisdom  and  paternal  Affection,  and  the 
Justice  and  Magnanimity  of  the  Nation,  for  restoring  Harmony  among  the  various  Parts  of  the 
Empire,  our  utmost  efforts  are  necessary  to  prevent  the  destructive  Consequences  of  Anarchy 
and  Confusion. 

Ordered,  that  the  Address  and  Answer  be  forthwith  printed. 

The  Council  adjourned  till  Fryday  next  at  11  o  Clock  in  the  Morning. 


Friday,  the  twentieth  day  of  January,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

ROGER  MORRIS, 

WILLIAM  AXTELL,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Tuesday  next  at  11  o  Clock. 


Tuesday,  the  twenty  fourth  day  of  January,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORP, 
ROGER  MORRIS, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER,  Esq™. 

The  Speaker  assumed  the  Chair, 

A  Message  from  the  General  Assembly  by  Col  Peter  Livingston  &  Mr  Jauncey  with  the  Bill 
intitled  [An  Act  to  appoint  Commissioners  for  Collecting  the  Duty  of  Excise  on  Strong  Liquors 
retailed  in  this  Colony  from  the  first  Day  of  February  One  Thousand  Seven  hundred  and  Seventy 
five,  to  the  first  day  of  February  one  Th'ousand  Seven  hundred  and  Seventy  Six  inclusive] 
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. 

A  Message  from  the  General  Assembly  by  Col.  Philips  and  Col  Ten  Brook  with  the  Bill  intitled 
[An  Act  to  Continue  an  Act  entitled  An  Act  to  regulate  the  Sale  of  Goods  at  Public  Auction 
or  Outcry  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. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Wednesday,  the  twenty  fifth  day  of  January,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  AXTELL,  Esquires. 

The  Speaker  assumed  the  Chair 

The  Council  adjourned  till  11  o  Clock  to  morrow  morning. 

244 


Journal  of  the  Legislative  Council  of  New  York. 

Thursday,  the  twenty  sixth  day  of  January,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Coll.  Woodhull  and  Capt  Seaman  with  the  Bill 
entitled  [An  Act  to  Continue  and  amend  an  Act  entitled  An  Act  to  prevent  the  destruction  of 
Fish  in  the  County  of  Suffolk]  desiring  the  Concurrence  of  the  Council  thereto. 

Ordered,  that  (lie  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Rapalje  and  Mr  Wilkins  with  the  Bill  entitled 
[An  Act  for  altering  the  time  of  assessing  and  collecting  the  Taxes  for  the  Support  of  a  Minister 
and  the  Poor  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. 

A  Mess  ige  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Billopp  with  the  Bill  entitled 
[An  Act  to  revive  an  Act  intitled  an  Act  to  prevent  Frauds  in  the  sale  of  Damaged  Goods 
imported  into  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 

Ord'.red  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Walton  &  Mr  De  Witt,  with  the  Bill  intitled 
[An  Act  to  iinpowerthe  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York,  or  the  M;ijor 
p;irc  of  them  to  order  the  raising  a  Sum  not  exceeding  two  Thousand  Pounds  for  the  uses 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Courtlandt  with  the  Bill 
intitled  [An  Act  to  revive  An  Act  entitled  An  Act  to  impower  the  Freeholders  of  the  Towns 
of  Hampstead  and  Oyster  Bay  in  Queen's  County  to  make  prudential  orders  for  the  better 
regulating  the  parting  their  Sheep  feeding  on  the  Great  Plains,  and  to  sell  such  stray  sheep  as 
shall  be  left  at  such  lime  of  parting]  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  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  twenty  seventh  day  of  January,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCEY, 

HKNRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esqrs. 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  to  appoint  Commissioners  for  Collecting  the  Duty  of  Excise  on 
strong  Liquors  retailed  in  this  Colony  from  the  first  day  of  February  one  thousand  seven 
hundred  and  seventy  five  to  the  first  day  of  February  one  thousand  seven  hundred  and  seventy 
EU  inclusive]  was  read  the  second  time  and 


1775.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1947 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  said  Bill,  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  directed  him  to  report  the  sume  without  Amendment. 

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

Ordered  a  third  reading. 

The  Bill  intitled  [An  Act  to  continue  an  Act  intitled  An  Act  to  regulate  the  sale  of  Goods  at 
Public  Vendue  Auction  or  Outcry  within  this  Colony]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

The  Bill  intitled  [An  Act  to  continue  and  amend  An  Act  intitled  An  Act  to  prevent  the 
Destruction  of  Fish  in  the  County  of  Suffolk]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  for  altering  the  time  of  Assessing  and  Collecting  the  Taxes  for  the 
support  of  a  minister  and  the  Poor  in  the  City  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

Ths  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  to  prevent  Frauds  in  the  sale  of 
Damaged  Goods  imparted  into  this  Colony]  was  read  the  second  time,  and 

Ordered  lo  be  Committed. 

The  Bill  intitled  [An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New 
York  or  the  major  part  of  them  to  order  the  raising  a  sum  not  exceeding  Two  Thousand 
Pounds  for  the  uses  therein  mentioned]  was  read  the  second  time,  and 

Ordered  te  be  Committed. 

The  Bill  intitled  [An  Act  to  revive  an  Act  inlitled  An  Act  to  impower  the  Freeholders  of 
the  Towns  of  Hampstead  and  Oyster  Bay  in  Queens  County  to  make  prudential  orders  for  the 
better  regulating  the  parting  their  Sheep  feeding  on  the  Great  Plains,  and  to  sell  such  stray 
sheep  as  shall  be  left  at  such  time  of  parting]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  appoint  Commissioners  for  collecting  the  Duty  of  Excise  upon 
Strong  Liquors  retailed  in  this  Colony  from  the  first  day  of  February  one  thousand  seven 
hundred  and  seventy  five,  to  the  first  day  of  February  one  Thousand  seven  hundred  and  seventy 
six  inclusive]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  this  Bill  do  pass. 

The  Bill  intitled  [An  Act  to  continue  an  Act  intitled  An  Act  to  regulate  the  sale  of  Goods 
at  Public  Vendue  Auction  or  Outcry  within  this  Colony]  was  read  the  third  time,  and 

On  the  Question  being  put 

Rcsoh-cd,  that  this  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  has  passed  the 
said  two  Bills,  without  Amendment. 

The  Council  adjourned  till  to  morrow  morning  11  o  Clock. 


Saturday  the  twenty  eight  day  of  January,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honorable  DANIEL  HORSJIANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUOER,  Esquires. 

The  Speaker  assumed  the  Chair. 


1948  Journal  of  the  Legislative  Council  of  New   York.  [3?'h  se"-™' 

A  Me^ase  from  the  General  Assembly  by  Mr  De  Lancey  and  Col.  Philips  with  the  Bill 
intitled  FAn  Act  to  continue  an  Act  intitled  An  Act  for  granting  to  His  Majesty  the  several 
Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  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  and 

A  Message  from  the  General  Assembly  by  Col.  Ten  Broeck  and  Mr  Brush,  with  the  Bill 
intitled  [An  Act  to  revive  An  Act  to  prevent  Accidents  by  Fire  in  that  part  of  the  Manor  of 
Rensselaerwyck  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Van  Kleek,  with  the  Bill  intitled 
[An  Act  to  revive  the  several  Acts  therein  mentioned  as  they  relate  to  the  Counties  of  Queens 
and  Suffolk]  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. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  &  Col.  Schuyler  with  the  Bill 
intitled  [An  Act  to  revive  An  Act  for  the  more  equal  Taxation  of  Estates  in  the  City  of  Albany] 
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. 

A  Message  from  the  General  Assembly  by  Col.  Livingston  and  Mr  Boerum  with  the  Bill 
intitled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of 
Albany  for  the  Time  being  or  the  major  part  of  them,  to  order  the  raising  a  Sum  not  exceeding 
One  hundred  and  Sixty  Pounds  for  the  purposes  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,  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  intitled  [An 
Act  for  altering  the  Time  of  Assessing  and  Collecting  the  Taxes  for  the  support  of  a  Minister 
and  the  Poor  in  the  City  of  New  York]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  intitled  [An 
Act  to  revive  an  Act  intitled  An  Act  to  prevent  Frauds  in  the  Sale  of  damaged  Goods  imported 
into  this  Colony]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

The  Council  adjourned  till  Monday  next  11  o  Clock. 


1775.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1949 

Monday,  the  thirtieth  day  of  January,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The.  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  further  to  continue  an  Act  intitled  An  Act  for  granting  to  His 
Majesty  the  several  Duties  and  Impositions  on  Goods  Wares  and  Merchandizes  imported  into 
this  Colony  therein  mentioned]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  revive  the  several  Acts  therein  mentioned  as  they  relate  to  the 
Counties  of  Queens  and  Suffolk]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  for  the  more  equal  Taxation  of 
Estates  in  the  City  of  Albany]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the 
City  of  Albany  for  the  Time  being,  or  the  major  Part  of  them,  to  order  the  raising  a  Sum  not 
exceeding  One  hundred  and  Sixty  Pounds  for  the  purposes  therein  mentioned]  was  read  the 
second  time,  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  11  o  Clock  to  morrow  morning. 


Tuesday,  the  thirty  first  day  of  January,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  .Assembly  by  Col.  Peter  Livingston  &  Col.  Wells  with  the  Bill 
intitled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  District  of  the  Manor  of 
Rensselaerwyck  to  elect  additional  District  Officers]  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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Col.  Ten  Broock  with  the  Bill 
intitled  [An  Act  to  prevent  Accidents  by  Old  and  decayed  Buildings  in  the  City  of  Albany] 
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  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  intitled  [An 
Act  to  Continue  and  amend  an  Act  intitled  An  Act  to  prevent  the  destruction  of  Fish  in  the 
County  of  Suffolk]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 


j  950  Journal  of  the  Legislative  Council  of  New  York. 

Mr  W'ltts  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  zone  through  the  said  Bill  and  had  directed  him  to  report  the  same  without  Amendment. 

Which  Report  upon  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. 

The  Speaker  left  the  Chair,  and  . 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  intitled  [An 
Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the  major  Part 
of  them  to  order  the  raising  a  sum  not  exceeding  Two  Thousand  pounds  for  the  uses  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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  upon  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  Mr  White  do  acquaint  the  General  Assembly  that  this  House  hath  Passed  the 
two  last  mentioned  Bills  without  Amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  intitled  [An 
Act  further  to  Continue  an  Act  intitled  An  Act  for  granting  to  his  Majesty  the  several  Duties 
and  impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein  mentioned] 
and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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  upon  the  Question  being  put  was  agreed  to  &  approved  of. 

Otdercil,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  third  time,  and 

On  the  Question  being  put 

R'solved,  that  the  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  intitled  [An 
Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commomilty  of  the  City  of  Albany  for 
the  time  being  or  the  major  part  of  them  to  order  the  raising  a  sum  not  exceeding  one  hundred 
and  sixty  Pounds  for  the  purposes  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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  upon  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  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  amendment. 

His  Honor  Cadwallader  Golden  Esquire  His  Majesty's  Lieutenant  Governor  and  Commander 
in  Chief  of  this  Province  being  come  to  the  Council  Chamber  sent  a  Message  by  the  Deputy 
Secretary  to  the  General  Assembly,  requiring  their  immediate  attendance  in  the  Council 
Chamber. 

The  General  Assembly  attending  accordingly. 

His  Honor  in  preserce  of  both  Houses  was  pleased  to  give  his  assent  to  eight  Bills  passed  by 
the  two  Houses,  the  Titles  whereof  are  as  follow. 

An  Act  to  appoint  Commissioners  for  Collecting  the  Duty  of  Excise  upon  Strong  Liquors 
retailed  in  this  Colony  from  the  first  day  of  February  1775  to  the  first  day  of  February  1776 
inclusive. 

An  Act  to  Continue  an  Act  intitled  An  Act  to  regulate  the  sale  of  Goods  at  Public  Vendue 
Auction  or  outcry  within  this  Colony. 

An  Act  for  altering  the  time  of  assessing  and  Collecting  the  Taxes  for  the  support  of  a 
Minister  and  the  Poor  in  the  City  of  New  York. 

An  Act  to  revive  an  Act  intitled  An  Act  to  prevent  Frauds  in  the  Sale  of  damaged  Goods 
imported  into  this  Colony. 


1775.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1951 

An  Act  to  Continue  and  amend  an  Act  intitled  An  Act  to  prevent  the  destruction  of  Fish 
in  the  County  of  Suffolk. 

An  Act  to  impower  the  Mayor  Recorder  and  Aldermen  of  the  City  of  New  York  or  the  major 
part  of  them  to  order  the  raising  a  Sum  not  exceeding  Two  Thousand  Pounds  for  the  uses 
therein  mentioned. 

An  Act  further  to  Continue  an  Act  intitled  An  Act  for  granting  to  his  Majesty  the  several 
duties  and  impositions  on  Goods  Wares  and  Merchandizes  imported  into  this  Colony  therein 
mentioned. 

An  Act  to  enable  the  Mayor  Recorder  Aldermen  and  Commonalty  of  the  City  of  Albany  for 
the  time  being  or  the  major  part  of  them  to  order  the  raising  a  sum  not  exceeding  one  hundred 
and  sixty  pounds  for  the  purposes  therein  mentioned. 

The  Council  adjourned  till  Thursday  next  11  o  Clock. 


Thursday,  the  second  day  of  February,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The   Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

HUGH  WALLACE, 

JOHN  HARRIS  CRCGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Col.  Ten  Broeck  and  Mr  Gale  with  the  Bill 
intitled  [An  Act  to  revive  the  two  Acts  therein  mentioned  for  preventing  Damages  by  Swine 
in  the  Manor  of  Rcnsselaerwyck]  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. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Brinkerhoff  with  the  Bill 
intitled  [An  Act  to  revive  ;m  Act  intitled  An  Act  to  oblige  the  Justices  of  the  Peace  at  their 
General  or  Quarter  Sessions  to  determine  Appeals  made  to  them,  according  to  the  tnerrits  of  the 
Case  notwithstanding  Defects  of  Form  in  the  Original  Proceedings  ;  and  to  oblige  Persons  suing 
forth  Writs  of  Certiorari  to  remove  Orders  made  on  such  Appeals  into  the  Supreme  Court  of 
this  Colony;  to  give  security  to  prosecute  the  same  to  Effect]  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  till  11  o  Clock  to  Morrow  Morning. 


Friday,  the  third  day  of  February,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honorable  DANIEL  HORSMANDEN.  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORP, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRT  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  VanKleek  with  the  Bill  intitled 
[An  Act  to  encourage  the  destroying  of  Wolves  and  Panthers  in  the  Counties  of  Albany  Ulster, 
Orange  and  Dutchess]  desiring  the  Concurrence  of  the  Council  thereto. 


1952  Journal  of  the  Legislative  Council  of  Neio  York. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time,  and 

Ordered  a  second  Reading. 

The  Bill  intitled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  District  of  the 
Manor  of  Rensselaerwyck  to  elect  additional  District  Officers]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  prevent  Accidents  by  old  and  decaying  Buildings  in  the  City  of 
Albany]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  revive  the  two  Acts  therein  mentioned  for  preventing  Damages 
by  Swine  in  the  Manor  of  Rensselaerwyck]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  to  oblige  the  Justices  of  the  Peace 
at  their  General  or  Quarter  Sessions  to  determine  Appeals  made  to  them  according  to  the  merits 
of  the  Case,  notwithstanding  Defects  of  Form  in  the  original  Proceedings  ;  and  to  oblige  Persons 
suin"-  forth  Writs  of  Certiorari  to  remove  orders  made  on  such  Appeals  into  the  Supreme  Court 
of  this  Colony,  to  give  security  to  prosecute  the  same  to  Effect]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorp  from  the  Committee  of  the  whole  House  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. 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  to  prevent  accidents  by  Fire  in 
that  part  of  the  Manor  of  Rensselaerwyck  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncey  from  the  Committee  of  the  whole  House  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. 

The  Council  adjourned  till  Tuesday  next  il  o  Clock. 


Tuesday,  the  seventh  day  of  February,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honorable  OLIVER  DE  LANCET,  Esquire,  Speaker, 

ROGER  MORKIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  byMr  Kissam  and  Mr  Ten  Eyck  with  the  Bill  intitled 
[An  Act  to  revlve  an  Act  intitled  An  Act  to  restrain  Hawkers  &  Pedlars  within  this  Colony 
there8  Wlthout  hcence  with  an  Addition  thereto]  desiring  the  Concurrence  of  the  Council 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time,  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Col.  Peter  Livingston  and  W  Thomas  with  the  Bill 
P  V" "A  it  °  6rect  the  East  CamP  in  the  Dist"ct  of  the  Manor  of  Livingston  in  the 

Albany  into  a  seperate  District,  and  for  other  purposes  therein  mentioned]  desiring 
the  Concurrence  of  the  Council  thereto. 


1775.]  Cadwallader  Colden,  Esq  :  Lieut.  Governor.  1953 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time,  & 

Ordered  a  second  reading. 

The  Council  adjourned  till  11  o  Clock  to  morrow  morning. 


Wednesday,  the  eighth  day  of  February,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT —  The.   Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

JOHN  HARRIS  CRUGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  11  o  Clock  to  Morrow  Morning. 


Thursday,  the  ninth  day  of  February,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honourable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRT  WHITE, 

JOHN  HARRIS  CRUGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Brinkerhoff  with  the  Bill  intitled 
[An  Act  to  revive  and  amend  the  two  acts  therein  mentioned  respecting  Pot  and  Pearl  Ashes] 
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. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Billopp  with  the  Bill  intitled 
[An  Act  to  Amend  an  Act  intitled  An  Act  for  the  more  effectual  prevention  of  Fires,  and  for 
regulating  of  Buildings  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  Bill  intitled  [An  Act  to  encourage  the  destroying  of  Wolves  and  Panthers  in  the  Counties 
of  Albany  Ulster  Orange  &  Dutchess]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  to  restrain  Hawkers  and  Pedlars 
within  this  Colony  from  selling  without  licence  with  an  addition  thereto]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  erect  the  East  Camp  in  the  District  of  the  Manor  of  Livingston 
in  the  County  of  Albany  into  a  seperate  District,  and  for  other  purposes  therein  mentioned]  was 
read  the  second  time  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  11  o  Clock  to  Morrow  Morning. 

245 


Journal  of  the  Legislative  Council  of  Neio  York.  [S7?hs'.T£: 

Friday,  the  tenth  day  of  February,  1775. 
The  Council  met  according  to  Adjournment. 
PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  to  revive  and  amend  the  two  Acts  therein  mentioned  respecting 
Pot  and  Pearl  Ashes]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  amend  an  Act  intitled  An  Act  for  the  more  effectual  prevention 
of  Fires,  and  for  regulating  of  Buildings  in  the  City  of  New  York]  was  read  the  second  time,  and 

Orderd  to  be  Committed. 

The  Council  adjourned  till  Tuesday  next  11  o  Clock. 


Tuesday,  the  fourteenth  day  of  February,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT — The  Honorable  OLIVER  DE  LANCEY,  Esquire,  Speaker, 

CHARLES  WARD  APTHORP, 
ROGER  MORRIS, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Brush  with  the  Bill  intitled  [An 
Act  to  regulate  the  Pilots  and  establish  their  Pilotage  between  Sandy  Hook  and  the  Port  of 
New  York,  and  other  purposes  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,  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Mr  Brinkerhoff  with  the  Bill 
intitled  [An  Act  to  amend  an  Act  intitled  An  Act  for  the  Relief  of  the  Poor  in  the  Manor  of 
Cortlandt  in  the  County  of  West  Chester,  and  for  other  Purposes  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,  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  11  o  Clock  to  morrow  morning. 


1775.J  Cadwallader  Golden,  Esq :  Lieut.  Governor.  1955 

Wednesday,  the  fifteenth  day  of  February,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

ROGER  MORRIS, 
OLIVER  DE  LANCET, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRCGER, 
JAMES  JAUNCET,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  to  regulate  the  Pilots  and  to  establish  their  Pilotage  between  Sandy 
Hook  and  the  Port  of  New  York,  and  other  purposes  therein  mentioned]  was  read  the  second 
time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  amend  an  Act  intitled  An  Act  for  the  Relief  of  the  Poor  in  the 
Manor  of  Cortlandt  in  the  County  of  West  Chester  and  for  other  purposes  therein  mentioned] 
was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  11  o  Clock  on  Fryday  next. 


Friday,  the  seventeenth  day  of  February,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The   Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
WILLIAM  SMITH, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  revive  the  several  Acts  therein  mentioned  as  they  relate  to  the  Counties  of  Queens  and 
Suffolk]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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.  , 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  -Bill  intitled  [An 
Act  to  revive  an  Act  intitled  An  Act  to  restrain  Hawkers  and  Pedlars  within  this  Colony  from 
selling  without  Licence,  with  an  Addition  thereto]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  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. 

The  Speaker  left  the  Chair,  and 


1956  Journal  of  the  Legislative  Council  of  New  York. 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  intitled  [An 
Act  to  regulate  the  Pilots  and  establish  their  Pilotage  between  Sandy  Hook  and  the  Port  of  New 
York  antf  other  purposes  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncev  from  the  Committee  of  ttie  whole  House  m  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. 

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. 

The  Council  adjourned  till  Tuesday  next  at  11  o  Clock. 


Tuesday,  the  twenty  first  day  of  February,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable  OLIVER  DE  LANCET,  Esquire,  Speaker, 

ROGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  Thursday  next  at  11  o  Clock. 

Thursday,  the  twenty  third  day  of  February,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 
ROGER  MORRIS, 
HUGH  WALLACE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  Nicol  and  Mr  Coe  with  the  Bill  intitled  [An 
Act  for  removing  the  Prisoners  from  the  Old  Goal  in  the  Precinct  of  Goshen  in  the  County  of 
Orange,  to  the  New  Goal  built  in  the  said  Precinct]  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. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Brinkerhoff  with  the  Bill 
intitled  [An  Act  to  appropriate  certain  Monies  in  the  Treasury  of  Queens  County  for  the  uses 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Col.  P.  Livingston  and  Mr  Clinton  with  the  Bill 
intitled  [An  Act  to  discourage  Tortious  Entries  and  Possessions]  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. 

A  Message  from  the  General  Assembly  by  Col.  Woodhull  and  Coll.  Wells  with  the  Bill  intitled 
[An  Act  to  regulate  the  Administration  of  Oaths,]  desiring  the  Concurrence  of  the  Council 
thereto. 


1775.]  Cadwallader  Colden,  Esq :  Lieut.  Governor.  1957 

Ordered,  that  the  said  Bill  be  read. 
Then  the  said  Bill  was  read  the  first  time,  and 
Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Billopp  and  Mr  Wilkins  with  the  Bill  intitled 
[An  Act  to  lay  an  additional  duty  on  Slaves  that  shall  hereafter  be  imported  into  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, 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Gale  with  the  Bill  intitled  [An 
Act  to  revive  the  two  Acts  therein  mentioned  relative  to  the  bringing  in,  and  spreading  Infectious 
Distempers  in  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. 

A  Message  from  the  General  Assembly  by  MrVan  Kleeck  and  Mr  Brush  with  the  Bill  intitled 
[An  Act  to  revive  an  Act  intitled  An  Act  to  prevent  Damages  by  Swine  in  Dutchess  County, 
and  for  extending  the  same  to  the  Counties  of  Tryon  and  Cumberland]  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. 

A  Message  from  the  General  Assembly  by  Col  Ten  Broeck  and  Mr  Ten  Eyck  with  the  Bill 
intitled  [An  Act  to  revive  an  Act  intitled  An  Act  to  impower  the  Justices  of  the  Peace  of  the 
County  of  Albany  living  or  dwelling  in  the  Township  of  Schenectady  in  the  said  County  to 
regulate  the  Streets  and  Highways,  and  to  prevent  accidents  by  Fire  in  the  said  Town]  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. 

A  Message  from  the  General  Assembly  by  Col.  Seaman  and  Mr  Thomas  with  the  Bill  intitled 
[An  Act  to  revive  an  Act  intitled  An  Act  to  raise  a  Fund  for  defraying  Damages  done  by  Dogs 
in  the  County  of  Richmond]  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. 

A  Message  from  the  General  Assembly  by  Mr  Brush  and  Cap1  Seaman  with  the  Bill  intitled 
[An  Act  for  giving  Remedy  where  Defendants  in  Courts  of  Equity  neglect   to  enter  their 
Appearances   after   being   served  with   a   subpoena,    and  cannot   be   served  with  Process  of 
Contempt]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Col.  Philips  with  the  Bill  intitled 
[An  Act  to  revive  an  Act  intitled  An  Act  to  prevent  Frauds  in  the  sale  of  Bread]  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. 

A  Message  from  the  General  Assembly  by  Col.  Wells  and  Mr  Rapalje  with  the  Bill  intitled 
[An  Act  to  prevent  causes  being  tryed  in  Taverns  by  Justices  of  the  Peace  in  the  County  of 
Cumberland]  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. 

A  Message  from  the  General  Assembly  by  Col.  Woodhull  &  Col.  Schuyler  with  the  Bill 
intitled  [An  Act  for  making  an  Allowance  to  Persons  who  shall  serve  as  Grand  Jurors  in  and 
for  the  County  of  Cumberland]  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  till  to  morrow  morning  11  o  Clock. 


1958  Journal  of  the  Legislative  Council  of  New  York.  Fvthies™: 

Friday,  the  twenty  fourth  day  of  February,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  [  The  Honorable  JOHN  WATTS,  Esquire,  Speaker,] 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
WILLIAM  SMITH, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Eapalje  with  the  Bill  intitled 
[An  Act  for  enabling  the  Persons  therein  named  to  finish  the  Court  House  and  Goal  in  Ulster 
County,  and  other  purposes  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,  and 

Ordered  a  second  Reading. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  &  Col.  Woodhull  with  the  Bill  intitled 
[An  Act  to  enable  Jesse  Hunt  to  erect  and  Build  a  Bridge  from  Applegate  Island  to  the  Public 
Highway  on  the  Main  Land  opposite  the  said  Island]  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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Nicoll  with  the  Bill  intitled  [An 
Act  to  amend  the  several  Acts  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,  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Col.  Ten  Broeck  and  Mr  Boerum  with  the  Bill 
intitled  [An  Act  to  continue  An  Act  intitled  An  Act  for  regulating  the  practice  of  Inoculation 
for  the  Small  Pox  in  the  City  of  Albany]  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  Bill  intitled  [An  Act  for  removing  the  Prisoners  from  the  Old  Goal  in  the  Precinct  of 
Goshen  in  the  County  of  Orange,  to  the  New  Goal  in  the  said  Precinct]  was  read  the  Second 
time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  appropriate  certain  Monies  in  the  Treasury  of  Queens  County 
for  the  uses  therein  mentioned]  was  read  the  Second  time,  and 

Ordered  to  be  Committed. 

_  The  Bill  intitled  [An  Act  to  discourage  Tortious  Entries  and  Possessions]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  regulate  the  Administration  of  Oaths]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  lay  an  Additional  Duty  on  Slaves  that  shall  hereafter  be 
imported  into  this  Colony]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  revive  the  two  Acts  therein  mentioned  relative  to  the  bringing 
in  and  spreading  infectious  Distempers  in  this  Colony],  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  to  prevent  Damages  by  Swine  in 
Dutchess  County  and  for  extending  the  same  to  the  Counties  of  Tryon  and  Cumberland]  was 
read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  to  impower  the  Justices  of  the 
i  ot  the  County  of  Albany,  living  or  dwelling  in  the  Township  of  Schenectady  in  the  said 
nty  to  regulate  the  streets  and  Highways  and  to  prevent  Accidents  by  Fire  in  the  said  Town] 
was  read  the  second  time,  and 

Ordered  to  be  Committed. 


1775.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1959 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  to  raise  a  Fund  for  defraying 
Damages  done  by  Dogs  in  the  County  of  Richmond]  was  read  the  second  time  and 

OrdcrcA  to  be  Committed. 

The  Bill  intitled  [An  Act  for  giving  Remedy  where  Defendants  in  Courts  of  Equity  neglect 
to  enter  their  Appearances  after  being  served  with  a  Subpoena  and  cannot  be  served  with 
Process  of  Contempt]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  revive  an  Act  intitled  An  Act  to  prevent  Frauds  in  the  Sale  of 
Bread]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  prevent  Causes  being  tryed  in  Taverns  by  Justices  of  the  Peace 
in  the  County  of  Cumberland]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  for  making  an  Allowance  to  persons  who  shall  serve  as  Grand 
Jurors  in  and  for  the  County  of  Cumberland]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  Tuesday  next,  11  o  Clock. 


Tuesday,  the  twenty  eight  day  of  February,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT  —  The  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
ROGER  MORRIS, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  intitled  [An  Act  for  enabling  the  Persons  therein  named  to  Finish  the  Court  House 
and  Goal  in  Ulster  County,  and  other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  enable  Jesse  Hunt  to  erect  and  Build  a  Bridge  from  Applegate 
Island  to  the  Public  Highway  on  the  Main  Land  Opposite  to  the  said  Island]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  amend  the  several  Acts  therein  mentioned]  was  read  the  second 
time  and 

Ordered  to  be  Committed. 

The  Bill  intitled  [An  Act  to  Continue  An  Act  intitled  An  Act  for  regulating  the  practice  of 
Inoculation  for  the  Small  Pox  in  the  City  of  Albany]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Brinkerhoff  with  the  Bill 
intitled  [An  Act  to  prevent  the  Exportation  of  Unmerchantable  Flour,  and  the  false  taring  of 
Bread  and  Flour  Casks]  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. 

A  Message  from  the  General  Assembly  by  Col.  Wells  and  Mr  De  Witt  with  the  Bill  intitled 
[An  Act  to  raise  a  sum  not  exceeding  nine  hundred  Pounds  in  the  County  of  Tryon  to  compleat 
the  Court  House  and  Goal  erected  at  John's  Town  in  the  said  County]  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. 

A  Message  from  the  General  Assembly  by  Col.  Woocihull  and  Col.  Schuyler  with  the  Bill 
intitled  [An  Act  to  alter  part  of  the  lines  that  divide  the  Counties  of  Albany,  Charlotte  and 
Cumberland]  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. 


1960  Journal  of  the  Legislative  Council  of  New  York.  [1th 

A  Message  from  the  General  Assembly  by  Col.  Ten  Broeck  and  Mr  Coe  with  the  Bill  intitled 
[An  Act  for  altering  the  time  of  keeping  Fairs  in  the  Town  of  Schenectady]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Col.  Philips  with  the  Bill  intitled 
[An  Act  to  confirm  a  submission  to  Referees  of  a  Controversy  concerning  the  Bounds  of  the 
Patent  to  Jan  Hendrickse  Van  Bael  and  for  binding   the  Title  of  the  respective  Claimants 
agreeable  to  the  award  of  the  said  Referees]  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  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  intitled  [An 
Act  to  revive  an  Act  entitled  An  Act  to  Impower  the  Freeholders  of  the  Towns  of  Harnpstead 
and  Oyster  Bay  in  Queens  County  to  make  prudential  orders  for  the  better  regulating  the  parting 
their  Sheep  feeding  upon  the  Great  Plains,  and  to  sell  such  stray  sheep  as  shall  be  left  at  such 
parting]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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  Questions  being  put  was  agreed  to  and  approved  of. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  intitled  [An 
Act  to  revive  an  Act  entitled  An  Act  for  the  more  equal  Taxation  of  Estates  in  the  City  of 
Albany]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  Questions  being  put  was  agreed  to  and  approved  of. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  enable  the  Freeholders  and  Inhabitants  of  the  District  of  the  Manor  of  Renselaerwyck  to 
elect  additional  District  Officers]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the 
Committee  had  gone  through  the  said  Bill,  and  had  directed  him  to  report  the  same  without 
amendment. 

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

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  encourage  the  destroying  of  Wolves  and  Panthers  in  the  Counties  of  Albany  Ulster  Orange 
and  Dutchess]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncey  from  the  Committee  of  the  whole  House  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  upon  the  Question  being  put  was  agreed  to  and  approved  of. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  revive  the  two  Acts  therein  mentioned  for  preventing  Damages  by  Swine  in  the  Manor 
of  Rensselaerwyck]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  amend  an  Act  entitled  An  Act  for  the  relief  of  the  Poor  in  the  Manor  of  Cortlandt  in  the 
County  of  West  Chester  and  for  other  purposes  therein  mentioned]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 


1775.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1961 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
for  removing  the  Prisoners  from  the  Old  Goal  in  the  Precinct  of  Goshen  -in  the  County  of 
Orange,  to  the  New  Goal  built  in  the  said  Precinct]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  Appropriate  Certain  Monies  in  the  Treasury  of  Queens  County  for  the  Uses  therein  mentioned] 
and  after  some  lime  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  discourage  Tortious  Entries  and  Possessions]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncey  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  revive  the  two  Acts  therein  mentioned  relative  to  the  bringing  in  and  spreading  Infectious 
Distempers  in  this  Colony]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  revive  an  Act  entitled  An  Act  to  prevent  Damages  by  Swine  in  Dutchess  County  and  for 
extending  the  same  to  the  Counties  of  Tryon  and  Cumberland]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  upon  the  Question  being  put  was  agreed  to  and  approved  of. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  revive  an  Act  entitled  An  Act  to  impower  the  Justices  of  the  Peace  of  the  County  of 
Albany  living  or  dwelling  in  the  Township  of  Schenectady  in  the  said  County  to  regulate  the 
Streets  and  Highways  and  to  prevent  Accidents  by  Fire  in  the  said  Town]  And  after  some 
time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An 
Act  to  revive  an  Act  entitled  An  Act  to  raise  a  Fund  for  defraying  Damages  done  by  Dogs  in 
the  County  of  Richmond]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncey  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  intitled  [An  Act 
to  revive  an  Act  entitled  An  Act  to  prevent  Frauds  in  the  sale  of  Bread]  and  after  some  time 
spent  therein  .\ 

The  Speaker  resumed  the  Chair  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

The  Council  adjourned  till  Thursday  11  o  Clock. 

246 


31 


1962  Journal  of  the  Legislative  Council  of  New  York. 

Thursday,  the  second  day  of  March,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT—  The  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORP, 
ROGER  MORRIS, 
JOHN  HARRIS  CRUGER,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  prevent  the  Exportation  of  unmerchantable  Flour,  and  the 
False  taring  of  Bread  and  Flour  Casks]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  raise  a  sum  not  exceeding  nine  hundred  Pounds  in  the  County 
of  Tryon  to  Compleat  the  Court  House  and  Goal  erected  at  John's  Town  in  the  said  County] 
was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  alter  part  of  the  Lines  that  divide  the  Counties  of  Albany 
Charlotte  and  Cumberland]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  altering  the  time  of  keeping  Fairs  in  the  Town  of  Schenectady] 
was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  to  Confirm  a  Submission  to  Referees  of  a  Controversy  concerning 
the  Bounds  of  the  Patent  to  Jan  Hendrickse  Van  Ball,  and  for  binding  the  Title  of  the 
respective  Claimants  agreeable  to  the  Award  of  the  said  Referees]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  third  day  of  Marcli,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
ROGER  MORRIS, 
HUGH  WALLACE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  intitled  [An 
Act  for  enabling  the  Persons  therein  named  to  finish  the  Court  House  and  Goal  in  Ulster  County 
and  other  purposes  therein  mentioned]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  entitled  [An 
Act  to  enable  Jesse  Hunt  to  erect  and  build  a  Bridge  from  Applegate  Island  to  the  Public 
Highway  on  the  main  land  opposite  the  said  Island]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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  bfehig  put  was  agreed  to  and  approved  of. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  entitled  [An 
Act  to  continue  An  Act  entitled  An  Act  for  regulating  the  practice  of  Enoculation  for  the 
Small  Pox  in  the  City  of  Albany]  and  after  some  time  spent  therein, 


1775.]  Cadwallader  Colden,  Esq  :  Lieut.  Governor.  1963 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  upon  the  Bill  entitled  [An 
Act  to  raise  a  Sum  not  exceeding  nine  hundred  pounds  in  the  County  of  Tryon  to  compleat  the 
Court  House  and  Goal  erected  at  John's  Town  in  the  said  County]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncey  from  the  Committee  of  the  whole  House  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. 

The  Council  adjourned  till  Tuesday  next  at  1 L  O  Clock. 


Tuesday,  the  seventh  day  of  March,  1775. 

The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable   DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 
OLIVER  DE  LANCET, 
CHARLES  WARD  APTHORP, 
ROGER  MORRIS, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JADNCEY,  Junr,  Esq™. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Billopp  with  the  Bill  entitled 
[An  Act  to  revive  an  Act  entitled  An  Act  for  the  better  and  more  effectual  collecting  of  Taxes 
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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  Thomas  with  the  Bill  entitled 
[An  Act  for  annexing  the  two  Tracts  of  Land  therein  mentioned  to  the  Township  of  the  New 
Paltz  in  Ulster  County]  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. 

A  Message  from  the  General  Assembly  by  Col.  Ten  Broeck  and  Mr  Billopp  with  the  Bill 
entitled  [An  Act  for  the  better  regulating  the  Militia  of  the  Colony  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Capt"  Seaman  with  the  Bill 
entitled  [An  Act  for  the  more  effectual  prevention  of  Damages  by  Swine  in  the  Bowry  Division 
of  the  out  Ward  of  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  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  for  altering  the  time  of  keeping  Fairs  in  the  Town  of  Schenectady]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncey  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Ordered,  that  the  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  to  impower  the 
Freeholders  of  the  Towns  of  Hempstead  and  Oysterbay  in  Queens  County  to  make  prudential 
Orders  for  the  better  regulating  the  parting  their  Sheep  feeding  on  the  great  Plains,  and  to  sell 
such  stray  sheep  as  shall  be  left  at  such  time  of  parting]  be  read  the  third  time. 


Journal  of  the  Legislative  Council  of  New  York.  \_z}'^  &£?.• 

Then  the  said  Bill  was  read  the  third  time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass.  .  . 

The  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  to  prevent  accidents  by  Fire  in 
that  part  of  the  Manor  of  Rensselaervvyck  therein  mentioned]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Jauncey  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  amendment. 

Ordered,  that  the  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  for  the  more  equal 
Taxation  of  Estates  in  the  City  of  Albany]  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  Bill  entitled  [An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the 
District  of  the  Manor  of  Rensselaerwyck  to  elect  additional  District  Officers]  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  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  amendment. 

Ordered,  that  the  Bill  entitled  [An  Act  to  revive  the  two  Acts  therein  mentioned  for 
preventing  Damages  by  Swine  in  the  Manor  of  Eensselaerwyck]  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. 

The  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  to  oblige  the  Justices  of  the 
Peace  at  their  General  or  Quarter  Sessions  to  determine  Appeals  made  to  them  according  to  the 
merrits  of  the  Case,  notwithstanding  Defects  of  Form  in  the  Original  Proceedings  ;  and  to  oblige 
Persons  suing  forth  writs  of  Certiorari  to  remove  Orders  made  on  such  Appeals  into  the  Supreme 
Court  of  this  Colony ;  to  give  security  to  prosecute  the  same  to  Effect]  was  read  the  third 
time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  Pass. 

Ordered,  that  Mr  Axtell  do  acquaint  tlTe  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  amendment. 

Ordered,  that  the  Bill  entitled  [An  Act  to  encourage  the  destroying  of  Wolves  and  Panthers 
in  the  Counties  of  Albany,  Ulster,  Orange  and  Dutchess]  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  Bill  entitled  [An  Act  to  amend  An  Act  entitled  An  Act  for  the  Relief  of 
the  Poor  in  the  Manor  of  Cortlandt  in  the  County  of  West  Chester,  and  for  other  purposes 
therein  mentioned]  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  Mr  Morris  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  amendment. 

Ordered,  that  the  Bill  entitled  [An  Act  to  raise  a  sum  not  exceeding  nine  hundred  Pounds  in 
the  County  of  Tryon  to  compleat  the  Court  House  and  Goal  erected  at  Johns  Town  in  the  said 
County]  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  confirm  a  Submission  to  Referees  of  a  Controversy  concerning  the  Bounds  of  the  Patent  to  Jan 
Hendrickse  Van  Baal,  and  for  binding  the  Title  of  the  respective  Claimants  agreeable  to  the 
award  of  the  Referees]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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, 


1775.]  Cadicallader  Golden,  Esq:  Lieut.  Governor.  1965 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Apthorp  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  two  Bills  without  Amendment. 

Ordered,  that  t'ae  Bill  entitled  [An  Act  for  removing  the  Prisoners  from  the  Old  Goal  in  the 
Precinct  of  Goshen  in  the  County  of  Orange  to  the  New  Goal  built  iti  the  said  Precinct]  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  Bill  entitled  [An  Act  to  appropriate  certain  monies  in  the  Treasury  of 
Queens  County  for  the  uses  therein  mentioned]  be  read  the  third  time. 

Then  the  said  Dill  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Jauncey  do  acquaint  the  General  Assembly  that  this  House  hath  passed 
the  two  last  mentioned  Bills  without  Amendment. 

Ordered,  that  the  Bill  entitled  [An  Act  to  discourage  Tortious  Entries  and  Possessions]  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  Bill  entitled  [An  Act  to  revive  the  two  Acts  therein  mentioned  relative  to 
the  bringing  in  and  spreading  Infectious  Distempers  in  this  Colony]  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  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  amendment. 

Ordered,  that  the  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  to  prevent  Damages 
by  Swine  in  Dutciiess  County  and  for  extending  the  same  to  the  Counties  of  Tryon  and  Cum 
berland]  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  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  to  impower  the 
Justices  of  the  Peace  of  the  County  of  Albany  living  or  dwelling  in  the  Township  of  Schenectady 
in  the  said  County  to  regulate  the  Streets  and  Highways  and  to  prevent  Accidents  by  Fire  in 
the  said  Town]  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  Mr  Smith  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  amendment. 

Ordered,  that  the  Bill  entitled  [An  Act  for  enabling  the  Persons  therein  named  to  finish  the 
Court  House  and  Goal  in  Ulster  County  and  other  purposes  therein  mentioned]  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  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  to  raise  a  Fund  for 
defraying  Damages  done  by  Dogs  in  the  County  of  Richmond]  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  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  hath  Passed  the 
two  last  mentioned  Bills  without  amendment. 

Ordered,  that  the  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  to  prevent  Frauds 
in  the  Sale  of  Bread]  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  Bill  entitled  [An  Act  to  enable  Jesse  Hunt  to  erect  and  Build  a  Bridge 
from  Applegate  Island  to  the  Public  Highway  on  the  Main  Land  opposite  the  said  Island]  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. 


Journal  of  the  Legislative  Council  of  New  York.  [37?h 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  Amendment. 

Ordered  that  the  Bill  entitled  [An  Act  to  continue  an  Act  entitled  An  Act  for  regulating  the 
practice  of  Enoculation  for  the  small  Pox  in  the  City  of  Albany]  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. 

The  House  being  informed  that  Thomas  Wood  with  several  other  Persons  attended  without, 
the  said  Thomas  Wood  was  called  in  and  presented  to  the  House  a  Petition  from  himself  and  a 
number  of  other  Persons  praying  for  the  reasons  therein  set  forth  that  the  Bill  now  before  this 
House  entitled  [An  Act  to  regulate  the  administration  of  Oaths]  may  pass  this  House. 

The  Council  adjourned  till  to  morrow  morning  11  o  Clock. 


Wednesday,  the  eight  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

ROGER  MORRIS, 
WILLIAM  SMITH, 
HUGH  WALLACE, 
WILLIAM  AXTELL, 
HENRY  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Esquires. 

[The  Speaker  assumed  the  Chflir.] 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Ten  Eyck  with  the  entitled  [An 
Act  to  revive  an  Act  entitled  An  Act  for  the  more  effectual  punishment  of  Persons  who  shall 
be  Guilty  of  any  of  the  Trespasses  therein  mentioned  in  the  Cities  of  New  York  and  Albany 
and  the  Township  of  Schenectady]  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. 

A  Message  from  the  General  Assembly  by  Mr  Nicol  and  Col.  Wells  with  the  Bill  entitled  [An 
Act  to  amend  an  Act  entitled  An  Act  for  emitting  the  sum  of  One  hundred  and  Twenty 
thousand  Pounds  in  Bills  of  Credit  to  be  put  out  on  Loan  and  to  Appropriate  the  Interest 
arising  thereon  to  the  payment  of  the  Debts  of  this  Colony  and  to  such  Public  Exigencies  as 
the  Circumstances  of  this  Colony  may  from  Time  to  Time  render  necessary ;  so  far  only  as  it 
relates  to  the  County  of  Suffolk]  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  De  Witt  with  the  Bill  entitled  [An 
Act  to  alter  the  Place  of  Election  for  Representatives,  and  the  Place  of  meeting  of  the  Supervisors, 
Judges  and  Loan  Officers  on  the  South  Side  of  the  Mountains  in  the  County  of  Orange]  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  Bill  entitled  [An  Act  to  revive  an  Act  entitled  An  Act  for  the  better  and  more  effectual 
collecting  of  Taxes  in  the  City  of  New  York]  was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  for  the  better  regulating  the  Militia  of  the  Colony  of  New  York] 
was  read  the  second  time,  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  for  the  more  effectual  prevention  of  Damages  by  Swine  in  the 
Bowry  Division  of  the  Out  Ward  of  the  City  of  New  York]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  amend  the  several  Acts  therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 


1775.]  Cadwattader  Golden,  Esq  :  Lieut.  Governor.  1967 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  prevent  causes  being  tried  in  Taverns  in  the  County  of  Cumberland]  and  after  some  time 
spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  several  Amendments  thereto  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  being  agreed  to  the  report  was  approved  of,  and  the  amendments 

Ordered  to  be  engrosed,  and  being  engrosed 

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  as  amended  do  pass. 

Ordered,  that  Mr  Smith  do  return  the  Bill  with  the  Amendments  to  the  General  Assembly, 
and  acquaint  the  General  Assembly  that  this  House  hath  passed  the  said  Bill  with  the  said 
Amendments  to  which  they  desire  their  concurrence. 

The  Bill  entitled  [An  Act  for  altering  the  time  of  keeping  Fairs  in  the  Town  of  Schenectady] 
was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  Bill,  and  the  Bill  entitled  [An  Act  to  continue  An  Act  entitled  An  Act  for  regulating 
the  Practice  of  Inoculation  for  the  Small  Pox  in  the  City  of  Albany]  without  amendment. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Thursday,  the  ninth  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable   JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER,  Esq". 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  for  annexing  the  two  Tracts  of  Land  therein  mentioned  to  the 
Township  of  the  New  Paltz  in  Ulster  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  revive  An  Act  entitled  An  Act  for  the  more  effectual 
Punishment  of  Persons  who  shall  be  Guilty  of  any  of  the  Trespasses  therein  mentioned  in  the 
Cities  of  New  York  and  Albany,  and  Township  of  Schenectady]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  Amend  An  Act  entitled  An  Act  for  emitting  the  sum  of  One 
hundred  and  twenty  thousand  pounds  in  Bills  of  Credit  to  be  paid  out  on  Loan,  and  to 
appropriate  the  Interest  arising  thereon  to  the  payment  of  the  Debts  of  this  Colony,  and  to 
such  public  exigencies  as  the  circumstances  of  this  Colony  may  from  time  to  time  render 
necessary,  so  far  only  as  it  relates  to  the  County  of  Suffolk]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  alter  the  place  of  Election  for  Representatives,  and  the  place  of 
meeting  of  the  Supervisors,  Judges  and  Loan  Officers  on  the  south  side  of  the  Mountains  in 
the  County  of  Orange]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Mr  Brinckerhoff  with  the  Bill  entitled 
[An  Act  to  revive  An  Act  entitled,  An  Act  to  prevent  the  Defaults  of  Grand  and  Petit  Jurors, 
Constables  and  other  Persons]  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. 


19g8  Journal  of  the  Legislative  Council  of  New  York. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Mr  Van  Kleeck  with  the  Bill 
entitled  [An  Act  to  oblige  the  Collectors  of  the  Counties  of  Dutchess  and  Ulster  more 
effectually  to  collect  and  lay  the  annual  rates  of  the  said  Counties,  and  for  other  purposes 
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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Brush  and  Mr  Jauncey  with  the  Bill  entitled 
[An  Act  to  prevent  Causes  being  tried  in  Taverns  by  Justices  of  the  Peace  in  the  County  of 
Cumberland]  with  the  Amendments  made  thereto  by  the  Council,  acquainting  this  House  that 
the  General  Assembly  cannot  agree  to  the  Amendments  made  by  this  House. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  tenth  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

EOGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Juur,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  revive  An  Act  entitled,  An  Act  to  prevents  Defaults  of  Grand 
and  Petit  Jurors,  Constables  and  other  persons]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  oblige  the  Collectors  of  the  Counties  of  Dutchess  and  Ulster 
more  effectually  to  collect  and  pay  the  annual  rates  of  the  said  Counties,  and  for  other  purposes 
therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  De  Witt  and  Mr  Van  Kleek  with  the  Bill 
entitled  [An  Act  to  guard  against  destructive  Fires,  and  to  provide  for  a  Night  Watch  in  the 
Town  of  Kingston  in  Ulster  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Boerum  with  the  Bill  entitled  [An 
Act  to  prevent  Frauds  by  Bills  of  Sale  which  shall  be  made  and  executed  in  the  Counties 
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  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  amend  An  Act  entitled  An  Act  for  the  more  effectual  prevention  of  Fires,  and  for  regulating 
the  Buildings  in  the  City  of  New  York]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorp  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  revive  An  Act  entitled  An  Act  for  the  better  and  more  effectual  collecting  of  Taxes  in  the 
City  of  New  York]  and  after  some  time  spent  therein, 


1775.]  Cadwattader  Golden,  Esq:  Lieut.  Governor.  1969 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorp  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  alter  part  of  the  Lines  that  divide  the  Counties  of  Albany,  Charlotte  and  Cumberland]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  alter  the  Place  of  Election  for  Representatives,  and  the  place  of  meeting  of  the 
Supervisors,  Judges  and  Loan  Officers  on  the  south  side  of  the  mountains  in  the  County  of 
Orange]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [Aa 
Act  to  revive  An  Act  entitled  An  Act  for  the  more  effectual  Punishment  of  Persons  who  shall 
be  Guilty  of  any  of  the  Trespasses  therein  mentioned  in  the  Cities  of  New  York  and  Albany, 
and  the  Township  of  Schenectady]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorp  from  the  Committee  of  the  whole  House  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, 

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. 

The  Council  adjourned  till  Monday  next  at  11  o  clock. 


Monday,  the  thirteenth  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSJIANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Junr,  Esquires, 

The  Speaker  assumed  the  Chair. 
247 


1970  Journal  of  the  Legislative  Council  of  New  York. 

The  Bill  entitled  [An  Act  to  prevent  Frauds  by  Bills  of  Sale  which  shall  be  made  and 
executed  in  the  Counties  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  guard  against  destructive  Fires,  and  to  provide  for  a  Night 
Watch  in  the  Town  of  Kingston  in  Ulster  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  annexing  the  two  Tracts  of  Land  therein  mentioned  to  the  Township  of  the  New  Paltz  in 
Ulster  County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  revive  An  Act  entitled,  An  Act  to  prevent  the  Defaults  of  Grand  and  Petit  Jurors,  Constables 
and  other  Persons]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  revive  and  amend  the  two  Acts  therein  mentioned  respecting  Pot  and  Pearl  Ashes]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorp  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  made  several  Amendments  thereto  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  being  agreed  to,  the  report  was  approved  of,  and  the  Amendments 

Ordered  to  be  engrosed,  and  being  engrosed, 

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

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Tuesday,  the  fourteenth  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

HUGH  WALLACE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCET,  Junr,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  revive  and  amend  the  two  Acts  therein  mentioned  respecting 
Pot  and  Pearl  Ashes]  was  read  the  third  time  as  amended  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Morris  do  return  the  said  Bill  with  the  amendments  to  the  General  Assembly, 
and  acquaint  the  General  Assembly  that  this  House  hath  passed  the  said  Bill  with  the  said 
Amendments  to  which  they  desire  their  concurrence. 


1775.]  Cadwallader  Colden,  Esq:  Lieut.  Governor.  1971 

A  Message  from  the  General  Assembly  by  Col.  Ten  Broeck  and  Mr  Ten  Eyck  with  the  Bill 
entitled  [An  Act  for  the  better  laying  out,  regulating  and  keeping  in  repair  the  Public  Roads 
and  Highways  in  the  City  and  County  of  Albany,  and  County  of  Tryon]  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. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Van  Kleeck  with  the  Bill 
entitled  [An  Act  to  raise  the  sum  of  one  hundred  and  twenty  Pounds  on  the  Freeholders  and 
Inhabitants  of  the  City  and  County  of  Albany  for  the  purposes  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  and 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Col.  Ten  Broeck  and  Mr  De  Witt  with  the  Bill 
entitled  [An  Act  to  oblige  the  Collectors  of  the  different  districts  in  the  County  of  Albany  to 
deliver  in  their  accounts  upon  Oath  to  the  County  Treasurer]  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. 

A  Message  from  the  General  Assembly  by  Col  Seaman  and  Cap'  Seaman  with  the  Bill  entitled 
[An  Act  for  the  more  convenient  proving  of  Deeds  and  Mortgages]  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  De  Witt  with  the  Bill  entitled 
[An  Act  to  regulate  Waggons  within  the  Township  of  Schenectady  and  the  Precincts  of  Orange 
Town  and  Haverstraw  in  the  County  of  Orange]  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. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Nicoll  with  the  Bill  entitled 
[An  Act  to  regulate  Elections  for  Representatives  in  General  Assembly  for  the  City  and  County 
of  Albany]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Billopp  with  the  Bill  entitled 
[An  Act  for  relief  against  absconding  and  absent  Debtors]  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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Mr  BrinckerhofF  with  the  Bill  entitled 
[An  Act  more  effectually  to  prevent  the  Base  Practice  of  Gaming  in  Taverns  in  the  Counties 
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  and 

Ordered  a  second  reading. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  clock. 

Wednesday,  the  fifteenth  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 
PEESENT — The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Junr,  Esquires. 

The  Speaker  assumed  the  Chair. 


1972  Journal  of  the  Legislative  Council  of  New  York. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  mtitled  [An  Act 
to  regulate  the  administration  of  Oaths]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  made  an  Amendment  thereto  which  he  read  in  his 
placet  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table  where  the  same  was 
again'  read,  and  being  agreed  to,  the  report  was  approved  of,  and  the  Amendments 

Ordered  to  be  engrossed,  and  being  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  as  amended  do  pass. 

Ordered,  that  Mr  Smith  do  return  the  Bill,  with  Amendments  to  the  General  Assembly,  and 
acquaint  the  General  Assembly  that  this  House  hath  passed  the  said  Bill  with  the  Amendment, 
to  which  they  desire  their  concurrence. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Col  Wells  with  the  Bill  entitled 
[An  Act  to  prevent  Damages  by  Swine"  in  the  County  of  Ulster,  and  other  purposes  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,  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  An  Act 
to  amend  An  Act  entitled  An  Act  for  emitting  the  sum  of  one  hundred  and  twenty  thousand 
Pounds  in  Bills  of  Credit  to  be  put  out  on  Loan,  and  to  appropriate  the  Interest  arising  thereon 
to  the  payment  of  the  Debts  of  this  Colony,  and  to  such  public  exigencies  as  the  circumstances 
of  this  Colony  may  from  time  to  time  render  necessary]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncey  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  said  Bill  was  read  the  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  for  the  better  laying  out,  regulating  and  keeping  in  repair  the 
Public  Roads  and  Highways  in  the  City  and  County  of  Albany  and  County  of  Tryon]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  raise  the  sum  of  One  hundred  and  twenty  Pounds  on  the 
Freeholders  and  Inhabitants  of  the  City  and  County  of  Albany  for  the  purposes  therein 
mentioned]  was  read  the  second  time  and 

Ordered,  to  be  committed. 

The  Bill  entitled  [An  Act  to  oblige  the  Collectors  of  the  different  districts  in  the  County  of 
Albany  to  deliver  in  their  accounts  upon  Oath  to  the  County  Treasurer]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  the  more  convenient  proving  of  Deeds  and  Mortgages]  was 
read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  regulate  Waggons  within  the  Township  of  Schenectady,  and 
the  Precincts  of  Orange  Town  and  Haverstraw  in  the  County  of  Orange]  was  read  the  second 
time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  regulate  the  Elections  for  Representatives  in  General  Assembly 
for  the  City  and  County  of  Albany]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  relief  against  Absconding  and  absent  Debtors]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  more  effectually  to  prevent  the  base  practice  of  Gaming  in  Taverns 
in  the  Counties  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  that  the  Council  hath  passed  the 
Bill  entitled  [An  Act  to  revive  the  several  Acts  therein  mentioned  as  they  relate  to  the  Counties 
of  Queens  and  Suffolk]  and 


1775.J  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1973 

The  Bill  entitled  [An  Act  to  revive  An  Act  entitled  An  Act  to  restrain  Hawkers  and  Pedlars 
within  this  Colony  from  selling  without  Licence  with  an  Addition  thereto]  without  Amendment. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  General  Assembly  that  the  Council  hath  passed 
the  Bill  entitled  [An  Act  to  regulate  the  Pilots  and  establish  their  Pilotage  between  Sandy 
Hook  and  the  Port  of  New  York,  and  other  purposes  therein  mentioned]  and 

The  Bill  entitled  [An  Act  to  amend  An  Act  entitled  An  Act  for  the  more  effectual  prevention 
of  Fires,  and  for  regulating  of  Buildings  in  the  City  of  New  York]  without  any  Amendment. 

Ordered,  that  Mr  Jauncey  do  acquaint  the  General  Assembly  that  the  Council  hath  passed  the 
Bill  entitled  [An  Act  to  revive  An  Act  entitled  An  Act  for  the  better  and  more  effectual 
collection  of  Taxes  in  the  City  of  New  York]  and 

The  Bill  entitled  [An  Act  to  alter  part  of  the  lines  that  divide  the  Counties  of  Albany, 
Charlotte  and  Cumberland]  without  any  Amendment.. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  the  Council  hath  passed  the 
Bill  entitled  [An  Act  to  alter  the  place  of  election  for  Representatives  and  the  place  of  meeting 
of  the  Supervisors,  Judges  and  Town  Officers  on  the  South  Side  of  the  Mountains  in  the  County 
of  Orange]  and 

The  Bill  entitled  [An  Act  to  revive  An  Act  entitled  An  Act  for  the  more  effectual  punishment 
of  Persons  who  shall  be  guilty  of  any  of  the  Trespasses  therein  mentioned  in  the  Cities  of  New 
York  and  Albany  and  Township  of  Schenectady]  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Brush  and  M*  Jauncey  with  the  Bill  entitled 
[An  Act  to  regulate  the  Administration  of  Oaths]  with  the  Amendments  made  thereto  by  the 
Council  acquainting  this  House  that  the  General  Assembly  do  agree  to  the  said  Amendments, 
and  desire  the  said  Bill  may  be  amended  accordingly. 

Which  amendment  is  as  follows  viz1 

Strike  out  the  Title  and  instead  thereof  insert  the  following  Title 

An  Act  for  an  indulgence  to  Persons  of  Scrupulous  Consciences  in  the  manner  of  administring 
Oaths. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Thursday,  the  sixteenth  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Junr,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  prevent  Damages  by  Swine  in  the  County  of  Ulster,  and 
other  purposes  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  committed. 

A  Message  from  the  General  Assembly  by  Mr  Coe  and  Mr  De  Lancey  with  the  Bill  entitled 
[An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange]  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. 

A  Message  from  the  General  Assembly  by  Col  Phillips  and  Mr  Boerum  with  the  Bill  entitled 
[An  Act  to  appoint  repackers  of  Beef  and  Pork  in  the  several  Counties  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,  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  prevent  Frauds  by  Bills  of  Sale,  which  shall  be  made  and  executed  in  the  Counties  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 


1974  Journal  of  the  Legislative  Council  of  New  York.  [37&  s"."™: 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  Council  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  giving  remedy  where  Defendants  in  Courts  of  Equity  neglect  to  enter  their  appearances  after 
beiri"-  served  with  a  Subpoena  and  cannot  be  served  with  a  Process  of  Contempt]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

A  Message  from  the  General  Assembly  by  Mr  Clinton  and  Col.  Ten  Broeck  acquainting  this 
House  that  the  General  Assembly  desire  to  be  informed  what  Progress  this  House  hath  made 
in  the  Bill  entitled  [An  Act  to  amend  the  several  Acts  therein  mentioned.] 

The  Bill  entitled  [An  Act  to  amend  the  several  Acts  therein  mentioned]  was  read  the  third 
time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  be  rejected. 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  in  answer  to  their  Message  desiring 
to  be  informed  what  Progress  this  House  hath  made  in  the  Bill  entitled  [An  Act  to  amend  the 
several  Acts  therein  mentioned]  that  this  House  hath  rejected  the  said  Bill. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  making  an  allowance  to  persons  who  shall  serve  as  Grand  Jurors  in  and  for  the  County  of 
Cumberland]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  directed  him  to  report  that  the  said  Bill  should  be  rejected. 

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

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  lay  an  additional  duty  on  Slaves  that  shall  hereafter  be  imported  into  this  Colony]  and 
after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  that  the  said  Bill  be  rejected. 

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

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  oblige  the  Collectors  of  the  Counties  of  Dutchess  and  Ulster  more  effectually  to  collect  and 
pay  the  annuel  rates  of  the  said  Counties  and  for  other  purposes  therein  mentioned]  and  after 
some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  guard  against  Destructive  Fires,  and  to  provide  for  a  night  watch  in  the  Town  of  Kingston 
in  Ulster  county]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncey  from  the  Committee  of  the  whole  House  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. 
Ordered,  that  the  said  Bill  be  read  the  third  time. 


1775.]  Cadicallader  Colden,  Esq  :  Lieut.  Governor.  1975 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  raise  the  sum  of  one  hundred  &  twenty  pounds  on  the  Freeholders  and  Inhabitants  of  the 
City  and  County  of  Albany,  for  the  purposes  therein  mentioned]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
more  effectually  to  prevent  the  base  practice  of  Gaining  in  Taverns  in  the  Counties  therein 
mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  directed  him  to  report  that  the  said  Bill  be  rejected. 

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

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  oblige  the  Collectors  of  the  different  districts  of  the  County  of  Albany  to  deliver  in  their 
accounts  upon  Oath  to  the  County  Treasurer]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  the  more  convenient  proving  of  Deeds  and  Mortgages]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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. 

The  Council  adjourned  till  to  Morrow  Morning  11  o  Clock. 


Friday,  the  seventeenth  day  of  March,  1775. 

PRESENT  —  The  Honorable  JOHN  WATTS,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JAMES  JAUNCEY,  Junr,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange] 
was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  appoint  repackers  of  Beef  and  Pork  in  the  several  Counties 
therein  mentioned]  was  read  the  second  time,  and 

Ordered  to  be  committed. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  the  Council  hath  passed 
the  Bill  entitled  [An  Act  for  giving  remedy  where  Defendants  in  Courts  of  Equity  neglect  to 
enter  their  appearances  after  being  served  with  a  Subpoana,  and  cannot  be  served  with  Process 
of  Contempt]  and  the  Bill  entitled  [An  Act  for  annexing  the  two  Tracts  of  Land  therein 
mentioned  to  the  Township  of  the  New  Paltz  in  Ulster  County]  without  Amendment. 


1976  Journal  of  the  Legislative  Council  of  New  York.  [s™  &,'."": 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  the  Council  hath  passed  the 
Bill  entitled  [An  Act  to  amend  An  Act  entitled  An  Act  for  emitting  the  sum  of  One  hundred 
and  twenty  thousand  pounds  in  Bills  of  Credit  to  be  paid  out  on  loan,  and  to  appropriate  the 
Interest  arising  thereon  to  the  payment  of  the  Debts  of  this  Colony,  and  to  such  public 
exigencies  as  the  circumstances  of  this  Colony  may  from  time  to  time  render  necessary  so  far 
only  as  it  relates  to  the  County  of  Suffolk]  and  the  Bill  entitled  [An  Act  to  revive  An  Act 
entitled,  An  Act  to  prevent  the  Defaults  of  Grand  and  Petit  Jurors,  Constables  and  other 
persons]  without  Amendment. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  that  the  Council  hath  passed  the 
Bill  entitled  [An  Act  to  prevent  Frauds  by  Bills  of  Sale  which  shall  be  made  and  executed  in 
the  Counties  therein  mentioned]  and  the  Bill  entitled  [An  Act  for  the  more  convenient  proving 
of  Deeds  and  Mortgages]  without  any  Amendment. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  the  better  laying  out,  regulating  and  keeping  in  repair  the  Public  Roads  and  Highways 
in  the  City  and  County  of  Albany  and  County  of  Tryon]  and  after  some  time  spent  therein, 
The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  some  amendments  thereto  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  being  agreed  to,  the  Report  was  approved  of  and  the  amendments 
Ordered  to  be  engrosed.  and  being  engrosed 
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  as  amended  do  pass. 

Ordered,  that   Mr  Morris  do  return  the  said  Bill  with  the  Amendments   to   the   General 
Assembly,  and  acquaint  the  General  Assembly  that  this  House  hath  passed  the  said  Bill  with 
the  Amendments,  and  desire  their  concurrence  thereto. 
The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  regulate  Waggons  within  the  Township  of  Schenectady  and  the  Precincts  of  Orange  Town 
and  Haverstraw  in  the  County  of  Orange]  and  after  some  time  spent  therein 
The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  made  an  amendment  thereto  which  he  read  in  his  place, 
and  then  delivered  the  Bill  with  the  Amendment  in  at  the  Table  where  the  same  were  again 
read  and  being  agreed  to,  the  report  was  approved  of  and  the  Amendment 
Ordered  to  be  engrosed  and  being  engrosed 
Ordered,  that  the  said  Bill  be  read  the  third  time  as  amended. 
The  Council  adjourned  till  Tuesday  next  11  o  clock. 


Tuesday,  the  twenty  first  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PEESENT — The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Junr,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  11  d  clock. 


1775.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1977 

Wednesday,  the  twenty  second  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Juur,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 

Thursday,  the  twenty  third  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

J.OHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Junr,  Esquires. 

The  Speaker  resumed. the- Chair. 

The  Bill  entitled  [An  Act  to  regulate  Waggons  within  the  Township  of  Schenectady,  and  the 
Precincts  of  Orange  Town  and  Haverstraw  in  the  County  of  Orange]  amended  was  read  the 
third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Apthorp  do  return  the  said  Bill  with  the  amendments  to  the  General 
Assembly  and  acquaint  the  General  Assembly  that  this  House  hath  passed  the  said  Bill  with 
the  said  Amendments  and  desire  their  concurrence  thereto. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Brush  with  the  Bill  entitled 
[An  Act  for  the  better  laying  out,  regulating  and  keeping  in  repair  the  Public  Roads  and 
Highways  in  the  City  and  County  of  Albany  and  County  of  Tryon]  with  the  amendments 
made  thereto  by  the  Council  acquainting  this  House  that  the  General  Assembly  have  agreed  to 
the  said  Amendments  and  desire  the  Bill  may  be  amended  accordingly,  which  Amendments 
are  as  follows,  viz* 

Page  6  Line  8.     Between  the  words  Recover  and  by  insert 

"  Twenty  days  after  Notice  of  the  sum  due  and  demand  thereof,  and  neglect  to  pay  the  same" 

At  the  end  of  the  same  clause,  add 

"  Provided  always  that  no  Proprietor  or  Tenant  of  Lands  be  subjected  in  pursuance  of  this 
"  Act  to  the  payment  of  any  greater  annuel  rate  or  assessment  than  the  sum  of  five  pounds" 

A  Message  from  the  General  Assembly  by  Col.  Woodhull  and  Cap'  De  Lancey  with  the  Bill 
entitled  [An  Act  to  regulate  Waggons  within  the  Township  of  Schenectady  and  the  Precincts 
of  Orange  Town  and  Haverstraw]  with  the  Amendment  made  by  the  Council,  acquainting  this 
House  that  the  General  Assembly  hath  agreed  to  the  said  Amendment,  and  desire  the  Bill  may 
be  amended  accordingly,  which  Amendment  is  as  follows,  viz' 

At  the  end  of  Bill,  add  "  But  nothing  in  this  Act  shall  be  construed  to  relate  to  any  Coach, 
"  Chariot,  Chair  or  other  Carnage  used  for  pleasure  and  not  for  Burdens" 

A  Message  from  the  General  Assembly  by  Mr  Boerum  and  Mr  Van  Kleeck  with  the  Bill 
entitled  [An  Act  to  prevent  Damages  by  Fox  hunting  in  Kings  County]  desiring  the  concurrence 
of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time  and 

248 


1978  Journal  of  the  Legislative  Council  of  New  York. 

Ordered  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Van  Cortlandt  and  Col  Schuyler  with  the  Bill 
entitled  [An  Act  to  make  Perpetual  the  sixth  section  of  An  Act  entitled,  An  Act  for  the  more 
effectual  collecting  of  his  Majesty's  Quit  Eents  in  the  Colony  of  New  York,  and  for  Partition  of 
Lands  in  order  thereto]  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. 

A  Message  from  the  General  Assembly  by  Mr  Brinckerhoff  and  Mr  Thomas  with  the  Bill 
entitled  [An  Act  to  amend  An  Act  entitled  An  Act  to  enable  any  one  of  the  Coroners  for  the 
different  Counties  within  this  Colony  to  make  return  to  process]  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. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Mr  Wilkins  with  the  Bill  entitled 
[An  Act  to  confirm  the  Proceedings  of  the  Commissioners  heretofore  appointed  by  a  Law  of  this 
Colony  to  settle  the  Line  or  Lines  of  Division  between  the  City  of  New  York  and  the  Township 
of  Harlem  and  for  establishing  the  Boundary  between  the  said  City  and  Township]  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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Mr  Boerum  with  the  Bill  entitled  [An 
Act  for  making  two  Bridges  in  the  Precincts  of  Goshen  and  Cornwall  in  the  County  of  Orange] 
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. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Col  Woodhull  with  the  Bill  entitled 
[An  Act  to  enable  the  Persons  therein  named  to  build  a  Draw  Bridge  over  the  Narrows  from 
Minifords  Island  to  Eodman's  Neck]  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. 

A  Message  from  the  General  Assembly  by  Mr  Coe  and  Mr  Kissam  with  the  Bill  entitled  [An 
Act  for  raising  the  further  sum  of  two  hundred  pounds  for  effectually  lowring  a  Pond  commonly 
called  Wickham's  Pond  in  the  Precinct  of  Goshen  in  the  County  of  Orange]  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. 

A  Message  from  the  General  Assembly  by  Cap'  Seaman  and  Mr  Nicol  with  the  Bill  entitled  [An 
Act  to  raise  the  further  sum  of  five  hundred  pounds  for  draining  the  Drowned  Lands  in  the 
Precinct  of  Goshen  in  Orange  County]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Clinton  with  the  Bill  entitled 
[An  Act  for  Naturalizing  the  Persons  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,  and 

Ordered  a  second  reading. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  the  better  regulating  the  Militia  of  the  Colony  of  New  York]  and  after  some  time  spent 
therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  made  some  Amendments  thereto  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  being  agreed  to,  the  report  was  approved  of,  and  the  Amendments 

Ordered  to  be  engrosed. 

Mr  De  Lancey  Dissents  from  the  amendments. 
The  Speaker  left  the  Chair,  and 


1775.]  Cadwallader  Colden,  Esq  :  Lieut.  Governor.  1979 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  regulate  Elections  for  Representatives  in  General  Assembly  for  the  City  and  County  of 
Albany]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  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. 

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. 

Mr  Smith  declared  his  dissent  to  the  passing  of  this  Bill. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  relief  against  Absconding  and  absent  Debtors]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  made  an  Amendment  thereto  which  he  read  in  his 
place,  and  then  delivered  the  Bill  and  Amendment  in  at  the  Table,  where  the  same  were 
again  read  and  being  agreed  to,  the  report  was  approved  of,  and  the  Amendment 

Ordered  to  be  engrosed. 
k   The  Council  adjourned  till  11  o  clock  to  morrow  morning. 


Friday,  the  twenty  fourth  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The  Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

OLIVER  DE  LANCEY, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Junr,  Esquires. 

The  Speaker  assumed  the  Chair. 

A  Message  from  the  General  Assembly  by  Mr  De  Lancey  and  Mr  Nicoll  with  the  Bill  entitled 
[An  Act  for  the  General  Quiet  of  his  Majesty's  Subjects  in  this  Colony  against  all  Pretences  of 
Concealment  whatsoever]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Van  Kleeck  with  the  Bill 
entitled  [An  Act  for  admitting  in  Evidence  an  Ancient  Record  of  the  Town  Clerk  for  the  City 
and  County  of  New  York  of  an  Indenture  of  release  from  Jacobus  Kip  and  Henrica  his  Wife 
to  Samuel  Ver  Plank  and  others,  and  the  several  Indorsments  thereon  for  certain  Lands  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  and 

Ordered  a  second  reading. 

The  Bill  entitled  [An  Act  to  prevent  Damages  by  Fox  Hunting  in  Kings  County]  was  read 
the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  make  perpetual  the  Sixth  Section  of  An  Act  entitled  An  Act 
for  the  more  effectual  collecting  of  his  Majestys  Quit  Rents  in  the  Colony  of  New  York,  and 
for  Partition  of  Lands  in  order  thereto]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  amend  An  Act  entitled  An  Act  to  enable  any  one  of  the 
Coroners  for  the  different  Counties  within  this  Colony  to  make  return  to  process]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  confirm  the  Proceedings  of  the  Commissioners  heretofore 
appointed  by  a  Law  of  this  Colony  to  settle  the  line  or  lines  of  Division  between  the  City  of 


1980  Journal  of the  Legislative  Council  of  New  York. 

New  York  and  the  Township  of  Harlem,  and  for  establishing  the  Boundary  between  the  said 
City  and  Township]  was  read  the  second  time  and 
Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  making  two  Bridges  in  the  Precincts  of  Goshen  and  Cornwall 
in  the  County  of  Orange]  was  read  the  second  time,  and 
Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  enable  the  persons  therein  named  to  build  a  free  Draw  Bridge 
over  the  Narrows  from  Minifords  Island  to  Rodmans  Neck]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  raising  the  further  sum  of  two  hundred  pounds  for  effectually 
lowering  a  Pond  commonly  called  Wickhams  Pond  in  the  precinct  of  Goshen  in  the  County  of 
Orange]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  to  raise  the  further  sum  of  five  hundred  pounds  for  draining  the 
Drowned  Lands  in  the  Precinct  of  Goshen  in  Orange  County]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Bill  entitled  [An  Act  for  Naturalizing  the  several  Persons  therein  named]  was  read  the 
second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  prevent  Damages  by  Swine  in  the  County  of  Ulster  and  other  purposes  therein  mentioned] 
and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

.   Mr  Morris  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  appoint  Repackers  of  Beef  and  Pork  in  the  several  Counties  therein  mentioned]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the 
Committee  had  gone  through  the  said  Bill  and  had  directed  him  to  report  that  the  Bill  be 
rejected. 

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

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  enable  the  persons  therein  named  to  build  a  free  Draw  Bridge  over  the  Narrows  from 
Minifords  Island  to  Rodmans  Neck]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  making  two  Bridges  in  the  Precincts  of  Goshen  and  Cornwall  in  the  County  of  Orange]  and 
after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  the  Committee  of  the  whole  House  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. 

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 

Resolvtd,  that  the  said  Bill  do  pass. 

The  Speaker  left  the  Chair,  and 


1775.]  Cadwallaikr  Golden,  Esq:  Lieut.  Governor.  1981 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  prevent  Damages  by  Fox  Hunting  in  Kings  County]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  that  the  Bill  be  rejected. 

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

Resolved,  that  the  Bill  be  rejected  accordingly. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  raise  the  further  sum  of  five  hundred  pounds  for  draining  the  Drowned  Lands  in  the 
Precinct  of  Goshen  in  Orange  County]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  for  raising  the  further  sum  of  Two  hundred  pounds  for  effectually  lowering  a  pond  commonly 
called  Wickhams  Pond  in  the  Precinct  of  Goshen  in  the  County  of  Orange]  and  after  some 
time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

Then  the  Bill  wns  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Mr  Smith  delivered  in  his  reasons  for  dissenting  to  the  Bill  entitled  [An  Act  to  regulate 
Elections  for  Representatives  in  General  Assembly  for  the  City  and  County  of  Albany.] 

DISSENTIENT  —  Wm  Smith. 

First,  Because  the  Bill  appears  to  me  unjust.  The  Manor  of  Renselaerwyck  acquired  the 
Right  of  sending  a  Member  to  the  General  Assembly  by  Royal  Patent  in  1GS5.  The  Bourough 
of  Schenectady  and  the  Manor  of  Livingston  in  1715.  The  Assembly  afterwards  received  their 
Members,  and  the  Legislature  by  divers  Acts  providing  for  the  payment  of  their  Wages  and 
other  Purposes  have  recognized  the  Rights  they  have  so  long  exercised.  By  the  General 
Election  Law,  passed  in  1699  and  1701  all  the  Freeholders  of  a  County,  qualified  as  therein 
mentioned,  without  the  exclusion  of  any  Manor  or  District,  have  voices  for  the  County  Members. 
But  this  Bill  if  it  passes  into  a  Law,  will  turn  the  Grace  of  the  Crown  into  an  Injury,  since  the 
Privilege  of  chusing  two  Representatives  must  [be]  greater  than  that  of  electing  onely  one; 
especially  such  a  large  District  as  the  Manor  of  Renselaerwyck,  which  comprehends  more 
Land,  than  all  Long  Island  and  Staten  Island  taken  together;  and  yet  these  form  four  Counties, 
two  of  which,  Richmond  and  Kings,  do  not  contain  half  the  number  of  Freeholders  in  Rense 
laerwyck  alone,  nor  above  one  third  more  than  there  are  in  the  Manor  of  Livingston,  and  fewer 
than  those  in  the  Manor  of  Cortlandt. 

Secondly,  Because  the  Bill  appears  to  me  to  be  partial  by  not  including  the  County  of  West 
Chester,  where  the  Borough  of  West  Chester  enjoys  the  Privilege  of  sending  a  Member. by 
Patent  granted  in  1G9G,  and  the  Manor  of  Cortlandt  by  a  similar  Grant  of  the  Crown  in  1G97, 
in  which  sentiment  I  am  confirmed  on  recollecting  that  a  Bill  for  the  like  purpose  was  upon 
this  account  rejected  by  the  Earl  of  Dunmore  in  February  1771  That  the  attempt  was 
renewed  by  another  Bill  in  March  1772. 

That  the  Council  then  sent  down  Amendments  to  free  it  from  that  objection  by  extending  it 
to  West  Chester  That  the  lower  House  concurred  in  our  Amendments,  tho'  the  Bill  even  after 
it  was  so  amended,  did  not  pass,  Governor  Tryon  refusing  his  Assent  in  conformity  with  a 
Royal  Instruction  respecting  Bills  affecting  elections,  of  which  he  then  produced  a  Copy  in 
Council. 

Thirdly,  Because  if  there  were  any  reasons  of  Policy,  to  overbalance  the  objections  to  the 
Bill,  founded  on  its  Injustice  and  Partiality,  and  the  Propriety  of  maintaining  a  steadiness  in  our 
Councils,  the  most  reasonable  Provision  for  reducing  the  antient  Privileges  of  the  Freeholders  of 
these  Towns  and  Manors  under  the  Royal  Patents  and  Acts  of  the  Colony,  would  have  been 
the  allowing  them  a  choice,  either  of  voting  in  their  own  Districts  for  a  single  member,  or  of 
joining  their  Voices  with  the  other  Freeholders  at  large,  for  the  county  representatives. 


1982  Journal  of  the  Legislative  Council  of  New  York. 

Lastly  Because  a  Bill  of  so  extraordinary  a  nature,  touching  Rights  of  essential  Importance 
to  some  thousands  of  his  Majesty's  Subjects,  originally  conferred  by  the  Crown,  assented  to  by 
Assemblies,  recognized  by  the  Legislature,  long  injoyed  and  guarded  by  special  Instruction, 
ou^ht  not  to  pass,  without  a  suspending  Clause,  till  his  Majesty's  Pleasure  is  known,  for  reasons 
similar  to  those,  upon  which  that  other  Instruction  is  founded,  which  most  benevolently 
secures  private  Property  from  being  injured  by  any  Act  of  the  Provincial  Legislature,  without 
giving  the  Party  affected  by  it  an  opportunity  of  carrying  his  Complaint  to  the  Throne. 

The  Council  adjourned  till  Tuesday  next  11  o  clock. 

Tuesday,  the  twenty  eight  day  of  March,  1775. 
The  Council  met  according  to  Adjournment. 

PRESENT —  The   Honorable    DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

HUGH  WALLACE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Junr,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  to  raise  the  sum  of  one  hundred  and  twenty  pounds  on  the 
Freeholders  &  Inhabitants  of  the  City  and  County  of  Albany  for  the  purposes  therein 
mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled,  An  Act  to  guard  against  destructive  fires,  and  to  provide  for  a  Night 
Watch  in  the  Town  of  Kingston  in  Ulster  County]  was  read  the  third  time,  and 

On  the  Question  being  put, 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  to  oblige  the  Collectors  of  the  different  Districts  in  the  County  of 
Albany  to  deliver  in  their  Accounts  upon  Oath  to  the  County  Treasurer]  was  read  the  third 
time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  to  oblige  the  Collectors  of  the  Counties  of  Dutchess  and  Ulster 
more  effectually  to  collect  and  pay  the  Annuel  rates  of  the  said  Counties,  and  for  other  purposes 
therein  mentioned]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

The  Bill  entitled  [An  Act  for  admitting  in  Evidence  an  Ancient  Record  of  the  Office  of  the 
Town  Clerk  for  the  City  and  County  of  New  York  of  an  Indenture  of  release  from  Jacobus 
Kip  and  Henrica  his  wife  to  Samuel  Verplank  and  others,  and  the  several  Indorsments  thereon 
for  certain  Lands  therein  mentioned]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Apthorp  from  the  Committee  of  the  whole  House  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. 

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. 

.   The  Bill  entitled  [An  Act  for  the  General  Quiet  of  his  Majestys  Subjects  in  this  Colony 
against  all  Pretences  of  Concealment  whatsoever]  was  read  the  second  time  and 

Ordered  to  be  committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill,  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 


1775.]  Cadwallader  Golden,  Esq  :  Lieut.  Governor.  1983 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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  Honble  do  acquaint  the  General  Assembly  that  this  House 

hath  passed  the  two  last  mentioned  Bills,  without  any  Amendment. 

Ordered,  that  Mr  Apthorp  do  acquaint  the  General  Assembly  that  this  House  hath  passed 
the  Bill  entitled  [An  Act  for  regulate  the  Elections  for  Representatives  in  General  Assembly  for 
the  City  and  County  of  Albany]  and  the  Bill  entitled  [An  Act  to  prevent  damages  by  Swine  in 
the  County  of  Ulster  and  other  purposes  therein  mentioned]  without  any  amendment. 

Ordered,  that  Mr  Jauncey  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
Bill  entitled  [An  Act  for  making  two  Bridges  in  the  Precincts  of  Goshen  and  Cornwall  in  the 
County  of  Orange]  and  also  the  Bill  entitled  [An  Act  to  enable  the  persons  therein  named  to 
build  a  free  Draw  Bridge  over  the  Narrows  from  Minifords  Island  to  Rodmans  Neck]  without 
any  amendment. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
Bill  entitled  [An  Act  to  raise  the  further  sum  of  five  hundred  pounds  for  draining  the  Drowned 
Lands  in  the  Precinct  of  Goshen  in  Orange  County]  and  the  Bill  entitled  [An  Act  for  raising  the 
further  sum  of  two  hundred  Pounds  for  effectually  lowering  a  Pond  commonly  called  Wickhams 
Pond  in  the  precinct  of  Goshen  in  the  county  of  Orange] 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
Bill  entitled  [An  Act  to  guard  against  destructive  Fires,  and  to  provide  for  a  Night  Watch  in 
the  Town  of  Kingston  in  Ulster  County]  and  the  Bill  entitled  [An  Act  to  raise  the  sum  of  one 
hundred  and  twenty  pounds  on  the  Freeholders  and  Inhabitants  of  the  City  and  County  of 
Albany  for  the  purposes  therein  mentioned]  without  any  amendment. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
Bill  entitled  [An  Act  to  oblige  the  Collectors  of  the  different  districts  in  the  County  of  Albany 
to  deliver  in  their  accounts  upon  Oath  to  the  County  Treasurer]  and  the  Bill  entitled  [An  Act 
to  oblige  the  Collectors  of  Dutchess  and  Ulster  more  effectually  to  collect  and  pay  the  annuel 
rates  of  the  said  Counties  and  for  other  purposes  therein  mentioned]  without  any  amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncey  from  the  Committee  of  the  whole  House  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. 

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. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Col  Schuyler  with  the  Bill  entitled  [An 
Act  to  revive  and  amend  the  two  Acts  therein  mentioned  respecting  Pot  and  Pearl  Ashes]  and 
the  amendments  made  thereto  by  the  Council  acquainting  this  House  that  the  General  Assembly 
cannot  agree  to  the  said  Amendments  and  therefore  desire  a  Conferrence  upon  the  subject 
matter  thereof  and  that  this  House  will  appoint  a  Committee  and  a  time  and  place  to  meet  a 
Committee  of  the  General  Assembly  for  that  purpose. 

Ordered,  that  Mr  Morris  do  acquaint  the  General  Assembly  in  answer  to  the  said  Message 
that  this  House  hath  agreed  to  the  proposed  conferrence  upon  the  said  Bill,  and  hath  appointed 
the  Honble  Hugh  Wallace  and  the  Honble  Henry  White  Esquires  to  be  a  Committee  from  this 
House  to  meet  a  Committee  from  the  General  Assembly  to  morrow  morning  at  10  o  clock  in 
the  Court  room  for  that  purpose. 

The  Council  adjourned  till  11  o  clock  to  morrow  morning. 


1984  Journal  of  the  Legislative  Council  of  New  York. 

Wednesday,  the  twenty  ninth  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The    Honorable  OLIVER  DE  LANCEY,  Esquire,  Speaker, 

CHARLES  WARD  APTHORP, 
ROGER  MORRIS, 
HUGH  WALLACE, 
HENRY  WHITE, 
WILLIAM  AXTELL, 
JOHN  HARRIS  CRUGER, 
JAMES  JAUNCEY,  Junr,  Esq™. 

The  Speaker  assumed  the  Chair. 

The  Amendments  made  to  the  Bill  entitled  [An  Act  for  the  better  regulating  the  Militia  of 
the  Colony  of  New  York]  being  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  as  amended  do  pass. 

Ordered,  that  Mr  Cruger  do  return  the  said  Bill  to  the  General  Assembly  with  the  Amendments 
and  acquaint  the  G-en1  Assembly,  that  this  House  hath  passed  the  said  Bill  with  the  said 
Amendments  and  desire  their  concurrence  to  the  same. 

The  Amendments  made  to  the  Bill  entitled  [An  Act  for  relief  against  absconding  and  Absent 
Debtors]  being  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 

Resohcd,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Jauncey  do  return  to  the  Gen1  Assembly  the  said  Bill  and  Amendments 
and  acquaint  the  General  Assembly  that  this  House  hath  passed  the  said  Bill  with  the  said 
Amendments  and  desire  their  concurrence  to  the  same. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Cap1  Seaman  with  the  Bill  entitled 
[An  Act  to  appoint  Commissioners  to  purchase  the  Wood  standing  upon  the  Point  of  Bahanna's 
Island  opposite  llellgate]  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. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Gale  with  the  Bill  entitled 
[An  Act  for  the  relief  of  Insolvent  Debtors  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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  confirm  the  Proceedings  of  the  Commissioners  heretofore  appointed  by  a  Law  of  this  Colony 
to  settle  the  Line  or  Lines  of  Division  between  the  City  of  New  York  and  the  Township  of 
Harlem,  and  for  establishing  the  Boundary  between  the  said  City  and  Township]  arid  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  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. 

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 

Resulted,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Smith  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  Bill  and  the  Bill  entitled  [An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  of 
Orange]  without  any  Amendment. 

The  Speaker  left  the  Chair,  arid 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  mate  perpetual  the  sixth  Section  of  An  Act  entitled  An  Act  for  the  more  effectual  collecting 
ot  his  Majesty's  Quit  Rents  in  the  Colony  of  New  York,  and  for  Partition  of  Lands  in  order 
thereto]  and  after  some  time  spent  therein 


1775.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1985 

The  Speaker  resumed  the  Chair,  and 

Mr  Axtell  from  ths  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  Naturalizing  the  several  persons  therein  named]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Wallace  from  the  Committee  of  the  whole  House  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. 

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  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Thomas  and  Mr  Kissatn  with  the  Bill  entitled 
[An  Act  for  the  better  regulating  the  Militia  of  the  Colony  of  New  York]  and  the  amendments 
made  by  this  House  acquainting  this  House  that  the  Gen1  Assembly  have  agreed  to  the  two  last 
amendments  but  cannot  agree  to  the  first. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  amend  An  Act  entitled  An  Act  to  enable  any  one  of  the  Coroners  for  the  different 
Counties  within  this  Colony  to  make  return  to  process]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  White  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  directed  him  to  report  that  the  Bill  be  rejected. 

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

Resolved,  that  the  said  Bill  be  rejected  accordingly. 

A  Message  from  the  General  Assembly  by  Mr  Nicoll  and  Mr  Billopp  with  the  Bill  entitled  [An 
Act  for  relief  against  absconding  and  absent  Debtors]  and  the  amendments  made  by  this  House ; 
acquainting  this  House  that  the  General  Assembly  hath  agreed  to  ttie  said  amendments  and 
desired  the  Bill  may  be  amended  accordingly. 

Which  amendment  is  as  follows 

Page  G.  Strike  out  the  second  clause  beginning  in  the  eighteenth  and  ending  in  the  23 
Line. 

The  Council  adjourned  till  11  o'clock  to  morrow  morning. 


Wednesday,  the  thirtieth  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT —  The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEV,  Junr,  Esquires. 

The  Speaker  assumed  tbe  Chair. 

A  Message  from  the  General  Assembly  by  Col  Wells  and  Col  Philips  with  the  Bill  entitled 
[An  Act  for  the  relief  of  Insolvent  Debtors  within  this  Colony  with  respect  to  the  Imprisonment 
of  their  Persons]  desiring  the  concurrence  of  the  Council  thereto. 

Ordered,  that  the  said  Bill  be  read. 

Then  the  said  Bill  was  read  the  first  time,  and 

249 


1986  Journal  of  the  Legislative  Council  of  New  York.  [3nh  feS' 

Ordfrcd  a  second  reading. 

A  Message  from  the  General  Assembly  by  Mr  Ten  Eyck  and  Mr  Coe  with  the  Bill  entitled  [An 
Act  for  erecting  the  Tract  of  Land  therein  mentioned  in  the  County  of  Tryon,  into  one 
separate  District  by  the  name  of  Old  England  District]  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. 

A  Message  from  the  General  Assembly  by  Mr  Wilkins  and  Mr  Billop  with  the  Bill  entitled 
[An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this  Colony  and  other 
purposes  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  and 

Ordered  a  second  reading. 

The  House  taking  into  consideration  the  Message  from  the  General  Assembly  on  the  29th 
Instant  acquainting  this  House  that  they  have  agree;!  to  the  two  last  Amendments  made  by 
this  House  to  the  Bill  entitled  [An  Act  for  the  better  regulating  the  Militia  of  the  Colony  of 
New  York]  but  do  not  agree  to  the  first  Amendment. 

The  said  Amendment  was  again  read,  and 

The  Question  being  put 

Whether  this  House  will  recede  from  the  said  first  amendment? 

It  passed  in  the  affirmative. 

Resolved,  therefore  that  this  House  doth  recede  from  the  said  first  Amendment  and  that  the 
Bill  do  pass  with  the  two  last  amendments. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  receeded 
from  their  first  Amendment  and  hath  passed  the  said  Bill  with  the  two  last  Amendments. 

Which  Amendments  are  as  follows 

Page  6.  Line  30.  Strike  out  the  words  "or  District." 

Page  7,  Line  16,  between  the  words  "County"  &  "and"  insert  or  such  part  thereof  as  he 
shall  think  necessary. 

The  Bill  entitled  [An  Act  to  appoint  Commissioners  to  purchase  the  wood  standing  upon 
the  point  of  Bahanna's  Island  opposite  Hell  Gate]  was  read  the  second  time  and 

Ordered  to  be  Committed. 

The  Bill  entitled  [An  Act  for  the  relief  of  Insolvent  Debtors  within  this  Colony]  was  read 
the  second  time  and 

Ordered  to  be  Committed. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  said  Bill]  and  after 
some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  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. 

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. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  erect  the  East  Camp  in  the  district  of  the  Manor  of  Livingston  in  the  County  of  Albany 
into  a  Seperate  District  and  for  other  purposes  therein  mentioned]  and  after  some  time  spent 
therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Smith  from  the  Committee  of  the  whole  House  in  his  place  reported  that  the  Committee 
had  gone  through  the  said  Bill  and  had  made  several  Amendments  thereto  which  he  read  in  his 
place,  and  then  delivered  the  Bill  with  the  Amendments  in  at  the  Table  where  the  same  were 
again  rend  and  being  agreed  to  the  report  was  iipproved  of  and  the  Amendments 

Ordered  to  be  engrossed,  and  being  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  ihe  Question  being  put, 

Resolved,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Wallace  do  return  the  said  Bill  and  the  Amendments  to  the  General 
Assembly  and  acquaint  the  General  Assembly  that  this  House  hath  passed  the  said  Bill  with 
the  said  Amendments  and  desire  their  Concurrence  thereto. 

Mr  Wallace  from  the  Committee  appointed  by  order  of  the  28th  Instant  to  confer  with  a 

ommittee  of  the  General  Assembly  upon  the.  Subject  matter  of  the  Amendments  made  by 
thas  House  to  the  Bill  entitled  [An  Act  to  revive  aud  amend  the  two  Acts  therein  mentioned 


1775.J  Cadwallader  Golden,  Esq :  Lieut.  Governor.  987 

respecting  Pot  &  Pearl  Ashes]  reported  that  the  Committee  had  met  a  Committee  of  the 
General  Assembly  accordingly,  and  had  agreed  to  several  Amendments  as  proper  to  be  adopted 
instead  of  those  made  by  this  House  Which  Amendments  he  read  in  his  place  and  then 
delivered  in  at  the  Table  where  the  same  were  again  read  and  being  agreed  to  the  Report  was 
approved  of,  and  the  Amendments 

Ordered  to  be  engrossed. 

The  Council  adjourned  till  11  o  clock  to  morrow  morning. 


Friday,  the  thirty  first  day  of  March,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honorable  DANIEL  HORSMANDEN,  Esqr,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

ROGER  MORRIS, 

WILLIAM  SMITH, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRCGER, 

JAMES  JAUNCEY,  Junr,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  amendments  made  to  the  Bill  entitled  [An  Act  to  revive  and  amend  the  two  Acts  therein 
mentioned  respecting  Pot  and  Pearl  Ashes]  being  engrossed. 

Ordered,  that  the  said  Bill  be  read  as  amended. 

Then  the  said  Bill  was  read  again  as  amended,  and 

On  the  Quesiion  being  put 

Resolved,  that  the  said  Bill  as  amended  do  pass. 

Ordered,  that  Mr  Wallace  do  acquaint  the  General  Assembly  that  this  House  hath  receded 
from  their  first  Amendment,  and  hath  passed  the  said  Bill  with  new  amendments. 

A  Message  from  the  General  Assembly  by  Mr  Kissam  and  Col  Schuylerwith  the  Bill  entitled 
[An  Act  to  erect  the  East  Camp  in  the  District  of  the  Manor  of  Livingston  in  the  County  of 
Albany  into  a  seperate  District,  and  for  other  purposes  therein  mentioned]  and  the  amendments 
made  to  the  Bill  by  this  House,  acquainting  this  House  that  the  General  Assembly  have  agreed 
to  the  said  amendments,  and  desire  the  Bill  may  be  amended  accordingly. 

Which  amendments  are  as  follows 

In  the  Title.  Strike  out  the  words,  for  other  purposes  therein  mentioned  and  insert  to  alter 
the  District  of  Saru.ghtoga,  and  erect  a  new  District  bij  the  name  of  Balls  Town. 

A  Message  from  the  General  Assembly  by  Mr  Walton  and  Col  Woodhull  with  the  Bill  entitled 
[An  Act  to  revive  and  amend  the  two  Acts  therein  mentioned,  respecting  Pot  and  Pearl  Ashes" 
and  the  amendments  made  by  this  House,  acquainting  this  House  that  the  Gen1  Assembly  hath 
agreed  to  the  said  Amendments,  and  desire  the  Bill  may  be  amended  accordingly. 

Which  amendments  are  as  follows 

After  the  second  Clause,  add  the  following  words.  Provided  always  and  be  it  enacted  by  the 
Authority  aforesaid  that  if  a  Vacancy  shall  happen  in  the  Office  of  Inspector  for  the  City  and 
County  of  New  York,  the  same  shall  and  may  be  supplied  in  the  manner  directed  by  the  Act 
last  above  mentioned  on  a  Vacancy  in  the  said  Office  by  the  death  or  misbehaviour  of  Abraham 
De  La  Montagnie,  and  that  every  such  Vacancy  in  the  Office  of  Inspector  for  the  City  and 
County  of  Albany  may  be  supplied  by  an  appointment  to  be  made  by  the  Mayor  Recorder 
Aldermen  and  Commonalty  of  the  City  of  Albany,  or  the  major  part  of  them,  and  that  the 
Inspector  for  the  said  City  and  County  of  Albany,  for  the  time  being,  shall  brand  each  Cask  so 
by  him  Inspected  with  the  words  y^w^or^  beneath  his  own  name,  and  before  he  proceeds  to 
execute  his  said  Office  shall  take  an  Oath  well  and  faithfully  to  perform  the  Duties  required  as 
well  by  this  Act  as  by  the  Acts  hereby  revived." 

Strike  out  part  of  the  fourth  Clause,  begining  in  the  last  line  of  the  1st  Page  after  the  word 
Albany  and  insert  the  following.  "  The  proprietor  or  proprietors  of  the  same  his  or  their  Agent 
or  Factor  shall  produce  to  the  Inspector  of  Pot  Ashes  or  Pearl  Ashes  for  the  time  being  in  the 
City  of  New  York,  an  Invoice  of  such  Pot  Ashes  or  Pearl  Ashes,  specifying  the  numbers  and 
marks  of  the  Casks  containing  the  same,  signed  by  the  Inspector  together  with  an  affidavit 
written  on  the  back  thereof,  and  sworn  to  by  the  proprietor  or  proprietors,  that  the  Pot  ashes 
or  Pearl  Ashes  mentioned  in  such  Invoice  are  Bona  Fide  his  or  their  own  property,  and  intended 
to  be  shipped  on  his  or  their  own  accounts  to  some  port  out  of  this  Colony.  And  that  he  or 


1988  Journal  of  the  Legislative  Council  of  New  York.  [" 

they  will  not  directly  or  indirectly  sell  the  same  within  this  Colony,  nor  order  any  person  to 
sell  the  same  without  first  giving  notice  thereof  to  the  Inspector  of  Pot  and  Pearl  Ashes  of  the 
port  of  New  York  for  the  time  being,  any  thing  in  the  said  Act  or  any  clause  hereof  to  the 
contrary  notwithstanding." 

Strike  out  the  last  clause  in  the  Bill,  and  add  the  following  clause  to  the  Bill 

"And  be  it  further  Enacted  by  the  Authority  aforesaid,  that  the  said  Inspectors  and  each  of 
them  shall  have  full  power  and  authority  by  virtue  of  this  Act,  and  without  any  further  or 
other  warrant  to  enter  on  board  any  Vessel  whatsoever  in  the  Harbours  of  the  Cities  of  New 
York  and  Albany  to  search  for  and  make  discovery  of  any  Pot  Ashes  or  Pearl  Ashes  shipped  or 
shipping  on  Board  any  such  Vessel  for  exportation  immediately  from  thence  out  of  this  Colony, 
and  if  the  said  Inspectors  or  any  or  either  of  them  shall  on  such  search  discover  any  Cask  or  Casks 
of  Pot  Ashes  or  Pearl  Ashes  not  branded  as  before  directed  the  Person  or  Persons  so  shipping  the 
same  shall  forfeit  all  and  every  such  cask  or  casks  of  Pot  Ashes  and  Pearl  Ashes  so  shipping  and 
not  branded  in  the  manner  before  directed,  and  the  master  or  Commander  of  such  Vessels  who 
shall  knowingly  receive  any  such  Cask  or  Casks  of  Pot  Ashes  and  Pearl  Ashes  not  branded  as 
aforesaid  shall  forfeit  and  pay  for  each  Cask  so  received  on  board  his  Vessel  the  sum  of  forty 
shillings,  and  if  any  person  shall  obstruct  or  hinder  the  said  Inspectors  or  any  or  either  of  them 
in  making  such  search  as  aforesaid,  every  person  so  offending  shall  forfeit  and  pay  the  sum  of 
fifty  pounds. 

The  House  taking  into  consideration  the  Message  from  the  General  Assembly  of  the  9th 
Instant  acquainting  the  House  that  the  General  Assembly  do  not  agreed  to  their  amendments 
made  by  this  House  to  the  Bill  entitled  [An  Act  to  prevent  Causes  being  tried  in  Taverns  by 
Justices  of  the  Peace  in  the  County  of  Cumberland]  the  said  amendments  were  again  read. 

The  Question  was  put 

Whether  this  House  will  recede  from  their  said  amendments. 

Resolved,  that  this  House  do  recede  from  their  said  amendments,  and  that  the  said  Bill  do 
pass  without  amendment. 

Ordered,  that  Mr  De  Lancey  do  acquaint  the  Gen1  Assembly  that  this  House  hath  receded 
from  their  amendment  made  to  the  said  Bill,  and  hath  passed  the  same  without  any  amendment. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
to  prevent  the  exportation  of  unmerchantable  Flour  and  the  false  Taring  of  Bread  and  flour 
Casks]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Cruger  from  the  Committee  of  the  whole  House  in  his  Place  reported  that  the  Committee 
had  gone  through  the  said  Bill,  and  had  made  several  amendments  thereto  which  he  read  in  his 
place,  and  then  delivered  the  Bill  and  the  amendments  in  at  the  Table  were  the  same  were 
again  read  and  being  agreed  to,  the  report  was  approved  of,  and  the  amendments 

Ordered  to  be  engrossed,  and  being  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  as  amended  do  pass. 

Ordered,  that  Mr  Jauncey  do  return  the  Bill  with  the  amendments  to  the  General  Assembly, 
and  acquaint  the  General  Assembly  that  this  House  hath  passed  the  said  Bill  with  the  said 
Amendments,  to  which  they  desire  their  concurrence. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  erecting  the  Tract  of  Land  therein  mentioned  in  the  County  of  Tryon  into  one  seperate 
District  by  the  name  of  Old  England  District]  and  after  some  time  spent  therein, 

The  Speaker  resumed  the  Chair,  and 

Mr  Jauncey  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
for  the  payment  of  the  Salaries  of  the  several  Officers  of  this  Colony  and  other  purposes 
therein  mentioned]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Morris  from  the  Committee  of  the  whole  House  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. 

The  Speaker  left  the  Chair,  and 

f  ^  "°"se/es°lved  ,itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An  Act 
lor  the  Keliet  of  Insolvent  Debtors  within  this  Colony  with  respect  to  the  Imprisonment  of 
their  persons]  and  after  some  time  spent  therein, 
The  Speaker  resumed  the  Chair,  and 


1775.]  Cadwallader  Colden,  Esq  :  Lieut.  Governor.  1989 

Mr  De  Lancey  from  the  Committee  of  the  whole  House  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. 

Ordered,  that  the  said  Bill  be  read  the  third  time. 

The  Speaker  left  the  Chair,  and 

The  House  resolved  itself  into  a  Committee  of  the  whole  House  on  the  Bill  entitled  [An 
Act  to  appoint  Commissioners  to  purchase  the  Wood  standing  upon  the  Point  of  Bahannas 
Island  opposite  Hell  Gate]  and  after  some  time  spent  therein 

The  Speaker  resumed  the  Chair,  and 

Mr  Watts  from  the  Committee  of  the  whole  House  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  wns  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. 

The  Council  adjourned  till  to  morrow  morning  11  o  clock. 


Saturday,  the  first  day  of  April,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT — The  Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

JOHN  WATTS, 

OLIVER  DE  LANCET, 

CHARLES  WARD  APTHORP, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Junr,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Bill  entitled  [An  Act  for  the  relief  of  Insolvent  Debtors  within  this  Colony  with  respect 
to  the  Imprisonment  of  their  persons]  was  read  the  third  time  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Cruger  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
said  Bill  and  the  Bill  entitled  [An  Act  to  appoint  Commissioners  to  purchase  the  wood  standing 
upon  the  point  of  Bahanna's  Island  opposite  Hell  Gate]  and  also  the  Bill  entitled  [An  Act  for 
the  relief  of  Insolvent  Debtors  within  this  Colony]  without  any  Amendment. 

The  Bill  entitled  [An  Act  for  erecting  the  Tract  of  Land  therein  mentioned  in  the  County  of 
Tryon  into  one  seperate  District  by  the  name  of  Old  England  District]  was  read  the  third 
time  and 

On  the  Question  being  put 

Rf.solved,  that  she  said  Bill  do  pass 

The  Bill  entitled  [An  Act  for  the  payment  of  the  Salaries  of  the  several  Officers  of  this 
Colony  and  other  purposes  therein  mentioned]  was  read  the  third  time,  and 

On  the  Question  being  put 

Resolved,  that  the  said  Bill  do  pass. 

Ordered,  that  Mr  Axtell  do  acquaint  the  General  Assembly  that  this  House  hath  passed  the 
two  last  mentioned  Bills  without  any  Amendment. 

A  Message  from  the  General  Assembly  by  Mr  Gale  and  Col  Philips  with  the  Bill  entitled  [An 
Act  to  prevent  the  exportation  of  unmerchantable  Flour,  and  the  false  Taring  of  Bread  and 
flour  casks]  and  the  amendments  made  by  this  House,  acquainting  this  House  that  the  General 
Assembly  have  agreed  to  the  first  amendment,  but  do  not  agree  to  the  other  amendments,  and 
therefore  desire  a  conferrence  upon  the  subject  matter  of  the  said  Bill  and  amendments,  and 
that  this  House  will  appoint  a  Committee  of  this  House  and  a  time  and  place  to  meet  a 
Committee  of  the  General  Assembly  for  that  purpose. 

Ordered,  that  Mr  White  do  acquaint  the  General  Assembly  in  answer  to  their  Message  that 
this  House  hath  agreed  to  the  proposed  conferrence,  and  hath  appointed  the  Honble  John  Watts 
and  the  Honble  Hugh  Wallace  Esq"  to  be  a  Commiitee  of  the  General  Assembly  for  that 
purpose,  and  that  they  do  meet  immediately  in  the  court  room 


1990  Journal  of  the  Legislative  Council  of  New  York. 

Mr  Watts  from  the  above  Committee  reported  that  the  Committee  had  met  a  Committee  of 
the  General  Asse  nbly,  and  had  heard  their  reasons  against  the  said  amendments  which  he  also 

reported 

Whereupon  the  said  amendments  were  again  read,  and 

On  the  Question  being  put 

Resolved,  that  this  House  do  adhere  to  their  first  amendments,  but  do  recede  from  their  two 
last  amendments. 

Ordered,  that  Mr  Apthorp  do  acquaint  the  Gen1  Assembly  that  this  House  hath  receded 
from  their  two  last  amendments,  but  do  adhere  to  their  other  amendments. 

A  Message  from  the  General  Assembly  by  Mr  Jauncey  and  Mr  Wilkins  with  the  Bill  entitled 
[An  Act  to  prevent  the  exportation  of  unmerchantable  Flour  and  the  false  Taring  of  Bread  and 
flour  casks"  and  the  last  amendments  made  thereto  by  this  House,  acquainting  this  House  that 
the  General  Assembly  have  passed  the  said  Bill  with  the  said  last  amendments  and  desire  the 
Bill  may  be  amended  accordingly. 

Which  amendments  are  as  follows. 

Page  5  line  8  Strike  out  the  words  "  Henry  Bogert  " 

Page  5  line  19  Strike  out  the  words,  Jacobus  Sleeker,  and  on  like  occasions  another  in  his 
stead,  or  instead  of  the  others  in  this  act  named  that  may  be  so  in  default  or  dead,  to  appoint, 
and  the  said  Jacobus  Bleeker  or  "  and  in  place  thereof  insert  another  Jit  person  in  his  stead  and 

Page  G  line  3  Instead  of  "Persons"  insert  Person,  and  instead  of  "Inspectors"  insert 
Inspector. 

Page  6  line  5  Strike  out  the  words  "  them  their  "  and  insert  the  words  him  his 

Page  6  line  8  Strike  out  the  words  "  from  any  Port  or  Place  in  this  Colony  "  and  insert  the 
words,  directly  out  of  this  Colony  from  the  place  where  the  same  was  Inspected. 

S'rike  out  the  Proviso  at  the  end  of  the  same  clause. 

His  Honor  the  Lieutenant  Governor  being  come  to  the  Council  Chamber  sent  a  Message  by 
the  Deputy  Secretary  to  the  General  Assembly  requiring  their  immediate  attendance  in  the 
Council  Chamber.  The  General  Assembly  attending  accordingly  his  Honor  was  pleased  in 
presence  of  both  Houses  to  give  his  assent  to  thirty  one  Bills  passed  by  the  two  Houses.  The 
Titles  whereof  are  as  follows. 

An  Act  for  the  payment  of  the  Salaries  of  the  Several  officers  of  the  Colony  and  other  purposes 
therein  mentioned. 

An  Act  for  the  better  regulating  the  Militia  of  the  Colony  of  New  York. 

An  Act  to  regulate  the  Pilots  and  establish  their  pilotage  between  Sandy  Hook  and  the  Port 
of  New  York,  and  other  purposes  therein  mentioned. 

An  Act  to  amend  An  Act  entitled  An  Act  for  the  more  effectual  prevention  of  Fires  and  for 
regulating  the  buildings  in  the  City  of  New  York. 

An  Act  to  discourage  Tortious  Entries  and  Possessions. 

An  Act  to  raise  a  sum  not  exceeding  nine  hundred  pounds  in  the  County  of  Tryon  to  compleat 
the  Court  House  and  Goal  erected  at  John's  Town  in  the  said  County. 

An  Act  for  removing  the  prisoners  from  the  old  Goal  in  the  precinct  of  Goshen  in  the  County 
of  Orange  to  the  new  Goal  built  in  the  said  Precinct. 

An  Act  to  revive  the  two  Acts  therein  mentioned  relative  to  the  bringing  in  and  spreading 
Infectious  Distempers  in  this  Colony. 

An  Act  to  revive  An  Act  entitled  An  Act  to  oblige  the  Justices  of  the  Peace  at  their  General 
or  Quarter  Sessions  to  determine  Appeals  made  to  them  according  to  the  merrits  of  the  Case 
notwithstanding  defects  of  Form  in  the  original  Proceedings,  and  to  oblige  Persons  suing  forth 
Writts  of  Certiorari  to  remove  Orders  made  on  such  Appeals  into  the  Supreme  Court  of  this 
Colony,  to  give  security  to  prosecute  the  same  to  effect. 

An  Act  to  revive  An  Act  entitled  An  Act  to  prevent  Frauds  in  the  Snle  of  Bread. 
An  Act  for  giving  remedy  where   Defendants  in  Courts  of  Equity  neglect  to  enter  their 
appearances  after  being  served  with  a  Subpoena  and  cannot  be  served  with  process  of  Contempt. 

An  Act  to  prevent  causes  being  tried  in  Taverns  by  Justices  of  the  peace  in  the  County  of 
Cumberland. 

An  Act  to  revive  An  Act  entitled  An  Act  to  restrain  Hawkers  and  Pedlars  within  this  Colony 
from  selling  without  Licence  with  an  Addition  thereto. 

An  Act  to  alter  part  of  the  lines  that  divide  the  Counties  of  Albany  Charlottee  and  Cumberland- 

An  Act  for  an  Indulgence  to  persons  of  scrupulous  Consciences  in  the  manner  of  administring 
Oaths. 

An  Act  for  altering  the  time  of  keeping  Fairs  in  the  Town  of  Schenectady. 

An  Act  to  revive  An  Act  entitled  An  Act  for  the  more  equal  Taxation  of  Estates  in  the 
City  of  Albany. 

An  Act  to  revive  An  Act  entitled  [An  Act  for  the  better  and  more  effectual  Collecting  of 
Taxes  in  the  City  of  New  York. 


1775.]  Cadwallader  Golden,  Esq:  Lieut.  Governor.  1991 

An  Act  to  revive  An  Act  entitled  An  Act  to  impower  the  Freeholders  of  the  Towns  of 
Hampstead  and  Oyster  Bay  in  Queens  County  to  make  prudential  Orders  for  ihe  better  regulating 
the  parting  their  Sheep  feeding  on  the  Great  Plains,  and  to  sell  such  stray  Sheep  as  shall  be  left 
at  such  time  of  parting. 

An  Act  to  revive  the  several  Acts  therein  mentioned  as  they  relate  to  the  Counties  of  Queens 
and  Suffolk. 

An  Act  to  amend  An  Act  entitled  An  Act  for  the  relief  of  the  poor  in  the  Manor  of  Cortlandt 
in  the  County  of-  West  Chester"  and  for  other  purposes  therein  mentioned. 

An  Act  to  revive  the  two  Acts  therein  mentioned  for  preventing  Damages  by  Swine  in  the 
Manor  of  Rensselarwyck. 

An  Act  to  revive  An  Act  entitled  An  Act  to  raise  a  fund  for  defraying  Damages  done  by 
Dogs  in  the  County  of  Richmond. 

An  Act  to  revive  An  Act  entitled  An  Act  to  prevent  Damages  by  Swine  in  Dutchess  County" 
and  for  extending  the  same  to  the  Counties  of  Tryon  and  Cumberland. 

An  Act  for  annexing  the  two  Tracts  of  Land  therein  mentioned  to  the  Township  of  the  New 
Paltz  in  Ulster  County. 

An  Act  to  encourage  the  destroying  of  Wolves  and  Panthers  in  the  Counties  of  Albany, 
Ulster,  Orange  and  Dutchess. 

An  Act  to  confirm  a  Submission  to  referees  of  a  controversy  concerning  the  Bounds  of  the 
Patent  of  Jan  Hendrickse  Van  Baal  and  for  binding  the  Title  of  the  respective  Claimants 
agreeable  to  the  award  of  the  said  referees. 

An  Act  to  appropriate  certain  monies  in  the  Treasury  of  Queens  County  for  the  uses  therein 
mentioned. 

An  Act  to  continue  An  Act  entitled  An  Act  for  regulating  the  practice  of  Inoculation  for  the 
Small  Pox  in  the  City  of  Albany. 

An  Act  to  erect  the  East  Camp  in  the  District  of  the  Manor  of  Livingston  in  the  County  of 
Albany  into  a  seperate  District,  and  to  alter  the  District  of  Saraghtoga  and  erect  a  new  District 
by  the  name  of  Balls  Town. 

An  Act  for  enabling  the  Persons  therein  mentioned  to  finish  the  Court  House  and  Goal  in 
Ulster  County  and  otlier  purposes  therein  mentioned. 

His  Honor  the  Lieutenant  Governor  then  left  the  Council  Chamber,  and  the  General 
Assembly  returned  to  the  Assembly  Chamber. 

The  Speaker  resumed  the  Chair. 

The  Council  adjourned  till  Monday  Morning  11  o'clock. 


Monday,  the  third  day  of  April,  1775. 
The  Council  met  according  to  adjournment. 

PRESENT  —  The   Honorable  DANIEL  HORSMANDEN,  Esquire,  Speaker, 

OLIVER  DE  LANCEY, 

ROGER  MORRIS, 

HUGH  WALLACE, 

HENRY  WHITE, 

WILLIAM  AXTELL, 

JOHN  HARRIS  CRUGER, 

JAMES  JAUNCEY,  Junr,  Esquires. 

The  Speaker  assumed  the  Chair. 

The  Honorable  Cadwallader  Colden  Esquire  his  Majesty's  Lieutenant  Governor  and 
Commander  in  Chief  of  the  province  of  New  York,  being  come  to  the  Council  Chamber  sent  a 
Message  by  the  Deputy  Secretary  to  the  General  Assembly  requiring  their  immediate  attendance 
in  the  Council  Chamber. 

The  General  Assembly  attending  accordingly  His  Honor  was  pleased  in  presence  of  both 
Houses  to  give  his  Assent  to  thirty  two  Bills  passed  by  the  two  Houses  the  Titles  whereof  as 
follows 

An  Act  for  the  General  Quiet  of  his  Majesty's  Subjects  in  this  Colony  against  all  pretences 
of  concealment  whatsoever. 

An  Act  to  prevent  the  exportation  of  unmerchantable  Flour,  and  the  false  Taring  of  Bread  and 
flour  Casks. 

An  Act  to  revive  and  amend  the  two  Acts  therein  mentioned  respecting  Pot  and  Pearl  Ashes. 

AQ  Act  for  the  more  convenient  proving  of  Deeds  and  Mortgages. 


1992  Journal  of  the  Legislative  Council  of  New  York. 

An  Act  to  appoint  Commissioners  to  purchase  the  Wood  standing  upon  the  point  of  Bahanna's 
Island  opposite  Hell  Gate. 

An  Act  for  relief  against  Absconding  and  absent  Debtors. 

An  Act  for  the  relief  of  Insolvent  Debtors  within  this  Colony  with  respect  to  the  Imprisonment 
of  their  Persons. 

An  Act  for  the  relief  of  Insolvent  Debtors  within  this  Colony. 

An  Act  to  revive  An  Act  entitled  An  Act  to  prevent  the  Defaults  of  Grand. and  Petit  Jurors 
Constables  and  other  Persons. 

An  Act  to  confirm  the  proceedings  of  the  Commissioners  heretofore  appointed  by  a  Law  of 
this  Colony  to  settle  the  Line  or  Lines  of  division  between  the  City  of  New  York  and  the 
Township  of  Harlem  and  lor  establishing  the  Boundary  Line  between  the  said  City  & 
Township. 

An  Act  to  revive  An  Act  entitled  An  Act  for  the  more  effectual  Punishment  of  Persons  who 
shall  be  guilty  of  any  of  the  Trespasses  therein  mentioned  in  the  Cities  of  New  York  and 
Albany  and  Township  of  Schenectady. 

An  Act  to  regulate  Elections  for  Representatives  in  General  Assembly  for  the  City  and 
County  of  Albany. 

An  Act  to  oblige  the  Collectors  of  the  Counties  of  Dutchess  and  Ulster  more  effectually  to 
collect  and  pay  the  annual  rates  of  the  said  Counties  and  for  other  purposes  therein  mentioned 

An  Act  for  raising  the  further  sum  of  two  hundred  pounds  for  effectually  lowering  a  Pond 
commonly  called  Wickhams  Pond  in  the  precinct  of  Goshen  in  the  County  of  Orange. 

An  Act  to  amend  An  Act  entitled  An  Act  for  emitting  the  sum  of  one  hundred  and  twenty 
thousand  pounds  in  Bills  of  Credit  to  be  put  out  on  loan,  and  to  appropriate  the  Interest  arising 
thereon  to  the  payment  of  the  Debts  of  this  Colony,  and  to  such  public  exigences  as  the 
circumstances  of  this  Colony  may  from  time  to  time  render  necessary,  so  far  only  as  it  relates 
to  the  County  of  Suffolk. 

An  Act  to  regulate  Waggons  within  the  Township  of  Schenectady  and  the  Precinct  of 
Orange  Town  and  Haverstraw  in  the  County  of  Orange. 

An  Act  to  prevent  Damages  by  Swine  in  the  County  of  Ulster,  and  other  purposes  therein 
mentioned. 

An  Act  for  the  more  equal  Taxation  of  Estates  in  the  County  of  Orange. 

An  Act  for  making  two  Bridges  in  the  Precincts  of  Gosheu  and  Cornwall  in  the  County  of 
Orange. 

An  Act  to  alter  the  place  of  Elections  for  representatives  and  the  place  of  meeting  of  the 
Supervisors,  Judges  and  Loan  Officers  on  the  south  side  of  the  mountains  in  the  County  of  Orange. 

An  Act  to  guard  against  destructive  fires,  and  to  provide  for  a  night  watch  in  the  town  of 
Kingston  in  Ulster  County. 

An  Act  to  raise  the  sum  of  one  hundred  and  twenty  pounds  on  the  Freeholders  and 
Inhabitants  of  the  City  and  County  of  Albany  for  the  purposes  therein  mentioned. 

An  Act  to  raise  the  further  sum  of  five  hundred  pounds  for  draining  the  Drowned  Lands  in 
the  precinct  of  Goshen  in  Orange  County. 

An  Act  for  erecting  the  Tract  of  Land  therein  mentioned  in  the  County  of  Tryon  into  one 
seperate  District  by  the  name  of  Old  England  District. 

An  Act  to  enable  the  Freeholders  and  Inhabitants  of  the  District  of  the  Manor  of 
Rensselaerwyck  to  elect  additional  District  Officers. 

An  Act  to  revive  An  Act  entitled  An  Act  to  prevent  accidents  by  fire  in  that  part  of  the 
Manor  of  Renssalearwyck  therein  mentioned. 

An  Act  to  oblige  the  Collectors  of  the  different  Districts  in  the  County  of  Albany  to  deliver 
in  their  accounts  upon  Oath  to  the  County  Treasurer. 

An  Act  to  prevent  Frauds  by  Bills  of  Sale  which  shall  be  made  and  executed  in  the  Counties 
therein  mentioned. 

An  Act  for  the  better  laying  out  regulating  and  keeping  in  repair  the  Public  Roads  and 
Highways  in  the  City  and  County  of  Albany,  and  County  of  Tryon. 

An  Act  for  admitting  in  Evidence  an  Ancient  Record  of  the  Office  of  the  Town  Clerk  for 
the  City  and  County  of  New  York,  of  an  Indenture  of  release  from  Jacobus  Kip  and  Henrica 
his  wife  to  Samuel  Verplank  and  others,  and  the  several  Indorsements  thereon  for  certain 
Lands  therein  mentioned. 

An  Act  to  enable  Jesse  Hunt  to  erect  and  build  a  Bridge  from  Applegate  Island  to  the 
Public  Highway  on  the  main  Land  opposite  the  said  Island. 

An  Act  to  enable  the  persons  therein  named  to  build  a  Free  Draw  Bridge  over  the  narrows 
from  Mimfords  Island  to  Rodmans  Neck. 


1775.]  Cadwallader  Colden,  Esq :  Lieut.  Governor.  1993 

His  Honor  the  Lieutenant  Governor  was  pleased  to  direct  the  Speaker  of  the  General 
Assembly  to  return  to  the  Assembly  Chamber  and  to  adjourn  the  General  Assembly  to  the  third 
day  of  May  next. 

His  Honor  the  Lieutenant  Governor  having  left  the  Council  Chamber,  and  the  General 
Assembly  being  returned  to  the  Assembly  Chamber 

The  Speaker  resumed  the  Chair 

And  the  Council  adjourned  to  the  third  day  of  May  next. 


IN.  Y.  Col.  MSS.,  CI,  89.]  ' 

BY  THE  HONORABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York,  and  the  Territories  depending  thereon  in  America 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  adjourned  to  the  third  day  of 
May  Instant,  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue  and  I  do  by  and  with 
the  Advice  of  his  Majesty's  Council  Prorogue  the  said  General  Assembly  to  the  seventh  day  of 
June  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  first  day  of  May  one  thousand  seven  hundred  and  seventy  five  in  the 

fiftei.nth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 

Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the  Faith 

and  so  forth. 

CADWALLADER  GOLDEN. 
By  his  Honor's  Command 

SAM  BAYARD  Junr  D  Secry. 

God  save  the  KING. 


[N.  T.  Col.  MSS.,  CI.,94.  ] 

BY  THE  HONORABLE 

CADWALLADER  GOLDEN  Esquire  his  Majesty's  Lieutenant  Governor  and  Commander  in 
(L.  s.)    Chief  of  the  Province  of  New  York  and  the  Territories  depending  thereon  in  America. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  seventh  day  of 
June  Instant  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  fifth  day  of 
July  next  Of  which  all  his  Majesty's  Subjects  concerned  therein  are  required  to  take  Notice  and 
Govern  themselves  accordingly. 

Given  under  my  Hand  arid  Seal  at  Arms  at  Fort  George  in  the  City  of  New  York, 

the  third  day  of  June  one  thousand  seven  hundred  and  severity  five,  in  the 

fifteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the 

Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender  of  the 

Faith  and  so  forth. 

CADWALLADER  GOLDEN. 
By  fits  Honor's  Command 

SAM  BAYARD  Junr  D  SHcrv. 

God  save  the  KING. 
250 


1994  Journal  of  the  Legislative  Council  of  New  York.  ["&  aSSl' 

[X.  T.  Co!.  MS3.,  CI ,  03.) 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Captain  General  and  Governor  in  Chief  in  and  over  the  Province  of  New 
(L.  s.)     York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice  Admiral 
of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assem 
A, 

September  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  thirty  first  day  of  July  one  thousand  seven  hundred  and  seventy  five 
in  ihefifieenlk  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  and  Ireland  King,  Defender  of 
the  Faith  and  so  forth. 

WM  TRYON. 
By  His  Excellency's  Command 

SAM  BAYARD  Junr  D  SCcry. 

God  save  the  KING. 


[N.  Y.  Col.  MSS.,  CI.,  103  ] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  prorogued  to  the  sixth  day  of 
September  Instant,  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  fourth 
day  of  October  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  Niw  York 
(he  fourth  day  of  September  one  thousand  seven  hundred  and  seventy  five 
in  the,  fifteenth  ye;ir  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by 
the  Grace  of  God  of  Great  Britain  France  arid  Ireland  King  Defender  of 
the  Faith  and  so  forth. 

WM  TRYON. 
By  His  Excellences  Command 

SAM  BAYARD  Junr  D  SCcry. 

God  save  the  KING. 


1775.]  William  Tryon,  Esq :  Governor.  1995 

[N.  Y.  Col.  MSS.,  CI.,105] 

BY  ins  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York,  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  fourth  day  of 
October  next,  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  first  day  of 
November  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  September  one  thousand  seven  hundred  and  seventy 
five,  in  the  fifteenth  year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third 
by  the  Grace  of  God  of  Great  Britain  France  and  Ireland  King  Defender 
of  the  Faith  and  so  forth. 

WM  TRYON. 
By  His  Excellency's  Command 

SAM  BAYARD  Junr  D  Sccry. 

God  save  the  KING. 


[N.  T.  Col  MSS.,  CI.,  118.] 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  first  day  of 
November  next  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue  and  I  do  by  and  with  the 
advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  sixth  day  of 
December  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  in  the  City  of  New  York,  the  thirty  first 
day  of  October  one  thousand  seven  hundred  and  seventy  five,  in  the  sixteenth 
year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the  Grace  of 
God  of  Great  Britain  France  and  Ireland  King  Defender  of  the  Faith  and 
so  forth. 

WM  TRYON. 
By  his  Excellency's  Command 

SAM  BAYARD  Junr  D  Secrv 

God  save  the  KING. 


1996  Journal  of  the  Legislative  Council  of  Neio  York.  R 

[N.T.  Col  MSS.,  CI.,121.) 

BY  HIS  EXCELLENCY 

WILLIAM  TRYON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  sixth  day  of 
December  Instant,  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with 
the  advice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  Jirst  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,  in  the  City  of  New  York  the  first  day  of 
December  one  thousand  seven  hundred  and  seventy  five,  in  the  sixteenth  year 
of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the  Grace  of  God  of 
Great  Britain  France  and  Ireland  King  Defender  of  the  Faith  and  so  forth. 

WM  TRYON. 
By  /its  Excellency's  Command 

SAM  BAYARD  Junr  D  S£crv. 

God  save  the  KING. 


[IN  EXECUTIVE  COUNCIL.] 

At  a  Council  held  on  Board  the  Ship  Dutchess  of  Gordon  in  the  Harbor  of  the  City 
of  New  York  on  Saturday  The  Twenty  third  day  of  December,  1775. 

PRESENT — His  Excellency  WILLIAM  TRYON,  Esquire,  Captain  General,  &c, 

Mr  APTHORP, 
Mr  SMITH, 
Mr  WALLACE, 

Mr  AXTELL, 

Mr  CRUGER, 
Mr  JAUNCEY. 

The  General  Assembly  of  this  Province  standing  prorogued  to  the  first  day  of  January  next 
his  Excellency  the  Governor  was  pleased  by  and  with  the  advice  of  the  Council  farther  to 
prorogue  them  to  the  first  day  of  February  following  and  a  Proclamation  was  Signed  by  his 
Excellency  farther  proroguing  the  Said  General  Assembly  Accordingly 

His  Excellency  then  observed  to  the  Board  that  several  Members  of  the  present  General 
Assembly  are  absent  from  this  Country  that  The  continuance  of  the  Assembly  (which  by  Law 
is  Limited  to  Seven  Years)  is  near  Expired  and  therefore  required  their  Advice  and  Opinion 
whether  or  not  it  would  be  most  proper  now  to  Dissolve  the  present  General  Assembly  and 
Issue  writs  for  a  New  Election. 

The  Council  humbly  beg  leave  to  have  time  allowed  them  to  consider  this  matter  and  with 
his  Excellencys  Approbation  agree  to  meet  again  on  Tuesday  Next  at  which  Time  the  Absent 
Members  are  to  be  summoned  to  give  their  Attendance  on  Especial  business. 


1775.]  William  Tryon,  Esq :  Governor.  1997 


[N.  Y.  Col.  M3S.,  CI.,  124.] 

BY  HIS  EXCELLENCY 

WILLIAM  Til  YON  Esquire  Captain  General  and  Governor  in  Chief  in  and  over  the  Province 
(L.  s.)    of  'New  York  and  the  Territories  depending  thereon  in  America,  Chancellor  and  Vice 
Admiral  of  the  same. 

A  PROCLAMATION. 

WHEREAS  the  General  Assembly  of  this  Province  stands  Prorogued  to  the  first  day  of 
January  next,  I  have  thought  fit  for  his  Majesty's  service  to  Prorogue,  and  I  do  by  and  with  the 
a'lvice  of  his  Majesty's  Council  farther  Prorogue  the  said  General  Assembly  to  the  first  day  of 
Fediuary  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  in  the  City  of  New  York,  the  twenty  third 
day  of  December  one  thousand  seven  hundred  and  seventy  five,  in  the  sixteenth 
year  of  the  Reign  of  our  Sovereign  Lord  George  the  Third  by  the  Grace  of 
God  of  Great  Britain,  France  and  Ireland,  King,  Defender  of  the  Faith  and 
so  forth. 

WM  TRYON. 
By  his  Excellency's  Command 

SAM  BAYARD  D  Secrv. 

God  save  the  KING. 


At  a  Council  held  on  Board  the  Ship  Dutchess  of  Gordon  in  the  Harbor  of  the  City  of 
New  York  on  Tuesday  the  Twenty  Sixth  day  of  December,  1775. 

PRESENT — His  Excellency  WILLIAM  TRYON,  Esquire,  Captain  General,  &c, 

Mr  DE  LANCEY, 
Mr  APTHORP, 
Mr  SMITH, 
Mr  WALLACK, 

Mr  AXTELL, 

Mr  JAUNCEY, 
Mr  CRUGER. 

The  Minute  of  the  last  Council  wherein  his  Excellency  required  the  Opinion  of  this  Board 
on  the  Expediency  of  immediately  dissolving  the  General  Assembly  of  this  Province  and  issuing 
Writs  for  a  New  Election  being  Read  and  duly  considered.  And  the  Question  being  put 
Whether  the  present  General  Assembly  be  now  dissolved  Mr  Apthorp  Mr  Smith  Mr  Wallace 
Mr  Axtell  &  Mr  Jauncey  were  for  the  Affirmative  And  Mr  De  Lancey  &  Mr  Cruger  for 
the  Negative.  And  on  the  Question  whether  Writs  for  a  new  Election  be  immediately  Issued 
or  postponed  Mr  Apthorp  Mr  Smith  Mr  Wallace  Mr  Axtell  Mr  Cruger  &  Mr  Jauncey  were  of 
Opinion  that  Writs  for  a  New  Election  be  immediately  issued  and  Mr  De  Lancey  that  that 
Measure  be  postponed. 

And  this  Board  doth  accordingly  Humbly  Advise  his  Excellency  the  Governor  immediately 
to  DISSOLVE  the  General  Assembly  of  this  Province  and  forthwith  to  issue  Writs  for  a  New 
Election.  His  Excellency  was  pleased  to  inform  the  Council  that  he  had  acquainted  Mr  Chief 
Justice  with  the  Question  upon  which  he  had  required  their  Advice  and  that  he  had  by  Letter 
to  his  Excell*  given  it  as  his  Opinion  that  it  would  be  inexpedient  at  this  Time  to  Dissolve  the 
General  Assembly. 


1993  Journal  of  the  Legislative  Council  of  New  York. 

At  a  Council  held  on  Board  the  ship  Dutchess  of  Gordon  in  the  Harbor  of  the  City  of 
New  York  on  Monday  the  Twenty  Ninth  day  of  January,  1776. 

PRESENT  —  His   Excellency  WILLIAM  TKYON,  Esquire,  Captain  General,  &c,  &e, 

Mr  APTIIOHP, 
Mr  SMITH, 
Mr  WALTON, 
Mr  AXTELL, 
Mr  CRUGER. 

His  Excellency  acquainted  the  Council  That  having  nothing  at  present  to  lay  before  the 
General  Assembly  he  required  their  advice  and  opinion  whether  or  not  it  would  be  proper  to 
prorogue  them  to  a  future  time. 

The  Council  having  maturely  considered  his  Excellency's  Question  humbly  advise  that  his 
Excellency  do  Issue  a  Writ  patent  under  the  Great  Seal  of  this  Province  on  the  Day  whereon 
the  Writs  are  returnable  thereby  Proroguing  the  General  Assembly  to  Thursday  the  Fourteenth 
day  of  March  next. 

And  a  Writ  patent  was  or-iered  by  his  Excellency  to  be  prepared  accordingly. 


At  a  Council  held  on  Board  the  Ship  Dutchess  of  Gordon  in  the  Harbor  of  the  City 
of  New  York  on  Wednesday  the  Fourteenth  day  of  February,  1776. 

PRESENT — His  Excellency  WILLIAM  TEYON,  Esquire,  Captain  General,  &c, 

Mr  APTHORP, 
Mr  SMITH, 
Mr  AXTELL, 
Mr  CRUGER, 
Mr  JAUNCEY. 

The  Writ  Patent  proroguing  the  General  Assembly  to  the  fourteenth  day  of  March  next 
which  was  prepared  agreeable  to  the  Order  of  this  Board  of  the  29th  day  of  January  last  was 
by  his  Excellency  laid  before  the  Board  and  being  read  and  approved  of  was  Signed  by  his 
Excellency  and 

Ordered  to  pass  the  Great  Seal  of  this  Province. 


At  a  Council  held  on  Board  the  Ship  Dutchess  of  Gordon  'in  the  Harbor  of  the  City 
of  New  York  on  Monday  the  Eleventh  day  of  March,  1776. 

PRESENT  — His  Excellency  WILLIAM  TRYON,  Esquire,  Captain  General,  &c,  &c, 

Mr  DE  LANCEY, 
Mr  APTHORP, 
Mr  SMITH, 
Mr  WALLACE, 
Mr  AXTELL, 
Mr  CRUGER. 

The  General  Assembly  of  this  Province  standing  Prorogued  to  the  fourteenth  day  of  March 
Instant.  His  Excellency  the  Governor  was  pleased  by  &  with  the  advice  of  the  Council  further 
to  prorogue  them  to  the  seventeenth  day  of  April  next,  and  a  Writ  patent  proroguing  the  said 
General  Assembly  to  the  said  Seventeenth  day  of  April  next  was  thereupon  Read  and  being 
approved  of  was  Signed  by  his  Excellency  and 
Ordered  to  pass  the  Great  Seal  of  this  Province. 


INDEX 


A. 

ABATEMENT:     See  LAW  PROCEDU     :. 
ABBOTT,  JOHN  JAMES  :     Naturalized,  1583. 

ABEEL,  JOHN  :     Member  of  Assembly,  81, 180,  181, 190,  192, 
206,  211. 

ABERCROMBIE,  Major-general:     Succeeds  the  Earl  of  Lou- 
doun,  1320. 

ABJURATION  :     See  OATH. 
ABRAHAMS,  ISAAC  :     Naturalized,  875. 

ABSCONDING  DEBTORS : 

Absconding  Debtors  Trustees  Impoicering  Bill : 

Brought  up,  1449;  Read,  1450;  Committed,  1451; 
Amended,  passed  and  sent  for  concurrence  to  the 
Assembly,  1456  ;  Agreed  to  by  that  House,  1457 ; 
Enacted,  1461. 

Fraudulent  and  Absconding  Debtors  Acts   Revival  Bill : 
Brought  up  and  read,  1618  ;     Committed,  1619  ;     Pas 
sed,  1619  ;     Enacted,  1620. 

Relief  against  Abscondiny  and  Absent  Debtors  Bill: 
Brought  up  and  read,  1971 ;    Committed,  1972 ;    Amend 
ed,  1979  ;     Passed,  and  sent  for  concurrence  to  the 
Assembly,  1984 ;     Agreed   to   by  that  House,  1985  ; 
Enacted,  1992. 

ACCOUNTS : 

Of  governor  Dongan's  expedition  to  Albany,  laid  before 
the  Council,  13  ;     The  speaker  of  the  Assembly  to  ap-  | 
point  a  committee  to  inspect  the,  80 ;     Since  the  arri-  j 
val  of   the  Earl  of   Bellomont,  to   be   laid   before   the 
Assembly,  179 ;     Committees  appointed  to  examine  the 
treasurer's,   299,   406,  466 ;      Committee   appointed   to 
audit   the  late    tonnage    officer's,    518  ;      Report,    520  ; 
Titles  of,  laid  before  the  Council,  1056. 

Commissioners  of  Accounts  Appointment  Bill  : 

Brought    up,    read    and    committed,    147 ;     Amended, 

passed,  and  sent  for  concurrence   to  the  Assembly, 

148  ;     Enacted,  149. 
Anotlier   bill    brought   up,    read  and   committed,  152 ; 

Amended,  and  sent  for  concurrence  to  the  Assembly, 

154;     Agreed  to  by  that  House,  155  ;     Enacted,  155. 

Comtniisionen  Appointment  Act  Continuation  Bill : 
Brought  up,  read  and  committed,  173;     Passed,  174; 
Enacted,  174.  , 

Commissioners  r.f  Accounts  Appointment  Bill  : 
Recommended   to   be   introduced,    177;     Brought   up, 
read  and  committed,  188  ;     Enacted,  189  ;     Its    im 
perfections,  190. 

Commissioners  Appointment  Act  Amendment  Bill  : 
Brought  up,  198  ;     Read  and  committed,  199  ;     Report, 
200  ;     Passed,  201  ;     Enacted,  204. 

Commissioners  of  Accounts  Appointment  Bill  : 
Brought   up,  read   and   committed,  948 ;     Ordered  3d 
reading,   919;      Read  3d  time  and   an   amendment 


moved  and  negatived,  950 ;  Passed  and  Assembly 
acquainted,  95U. 

Again  brought  up,  979  ;     Read  and  committed,  980. 

Again  brought  up  and  read,  989  ;  Committed,  990  ; 
Ordered  3d  reading,  991  ;  Passed,  992  ;  Mr.  Col- 
den  dissents,  992. 

Again  brought  up  and  read,  1010  ;  Committed,  1011 ; 
Ordered  3d  reading,  1012;  Passed,  and  Assembly 
acquainted,  1013  ;  Enacted,  1015. 

ACTIONS  : 

Supreme  Court  Actions  Revival  Bill: 

Brought  up,  148. 
£20  Actions  Removal  Prevention  Bill: 

Brought  up  and  read,  286  ;  Committed,  287  ;  Passed, 
aud  Assembly  acquainted,  289  ;  Enacted,  290. 

Actions  under  £20  Restraining  Bill : 

Brought  up  and  read,  327. 
Actions  on  Jlccounls  better  Determination  Bill  : 

Presented  by  Mr.  Smith,  and  read,  1631 ;  Committed, 
1631;  Amended,  1637;  Passed  the  Council,  1638. 
Leave  given  to  Mr.  Cruger  again  to  introduce,  aud  bill 
read,  1663;  Committed,  1666;  Amended,  1666; 
Passed,  and  sent  for  concurrence  to  the  Assembly, 
1667;  Agreed  to  by  that  House,  1675;  Enacted, 
1681. 

Revived,  1789. 
Amended,  1822. 

See  LAW  PROCEDURE. 
ACTS: 

Passed  in  1683,  Titles  of,  xii. 
Passed  in  1084,  Titles  of,  xii,  xiii. 
Passed  in  1685,  Titles  of,  xv. 
Passed  between  1683  and  1686,  continued,  xvii. 
Passed  in  1686,  Titles  of,  xvii,  xviii. 
Passed  in  1087,  Titles  of,  xviii,  xix,  xx. 
Passed  in  1688,  Titles  of,  xxi,  xxii,  xxiii. 
Passed  in  Ib90,  Titles  of,  xxv. 

Form  observed  in  the  promulgation  of.'lO,  23,  34,  80,  221 ; 
Style  to  be  observed  in  the  passing  of,  214;  A  joint 
committee  to  examine  the  enrollment  of,  489,  514. 

Several  Acts  Repeal  and  Ordinances  Avoiding  Bill: 
Brought  up  and  read,  186 ;    Committed,  188  ;     Enacted, 
189. 

Several  Acts  Continuation  Bill: 
Enacted,  1065.     See  SUFFOLK  COPNTT. 

Acts  of  Parliament  Extension  Bill : 

Brought  up  and  read,  1606  ;     Committed,  1607. 

Again   brought  up,   1625;      Read,   1630;      Committed, 

1631;     Passed,   1633;      Assembly  acquainted,   1634; 

Enacted,  1637. 

Several  Acts  Amendment  Bill  : 

Brought  up  and  read,  1958  ;  Committed,  1959  ;  Re 
ported,  1966;  Assembly  inquire  what  progress  has 
been  made  therein,  1974;  Rejected  and  Assembly 
acquainted,  1974. 

Queen*  and  Suffolk  County  Acts  Jtevival  Bill: 
Enacted,  1991. 


2000 


INDEX. 


ADDRESSES  :     FROM  THE  ASSEMBLY. 

To  Governor  Slaughter: 

Congratulating  his  Excellency  on  his  arrival,  and  de 
claring  their  loyalty,  3 ;  Ordered  published,  4. 

To  Governor  Fletcher  : 

Congratulating  his  Excellency  on  his  arrival  and  repre 
senting  the  low  condition  of  the  Province,  20. 

Praying  his  Excellency  to  issue  his  warrants  for  the 
collection  of  all  arrears  of  taxes  ;  To  appoint  audit 
ors  to  examine  and  report  on  the  debts  of  the  Prov 
ince,  and  that  provision  be  made  for  the  more  equal 
assessments  of  real  estates,  22. 

Acknowledging  his  great  care  of  the  frontiers,  and  ex 
pressing  their  readiness  to  assist  in  all  attempts  against 
the  enemy,  98. 

On  the  illegal  proceedings  of  the  towns  of  Rye  and  Bed 
ford,  106. 

To  the  Earl  of  Bellomont  : 
In  answer  to  his  Excellency's  speech  at  the  opening  of 

the  session,  112. 
Acknowledging  his  great  services  in  his  late  negotiation 

with  the  Indians,  122  ;     The  answer,  122. 

To  Lieutenant-  Governor  Nan/an  : 

Congratulating  his  Honor  on  his  management  of  the 

five  nations,  &c.,  161. 
Requesting  that   Robert  Livingston  be  dismissed  from 

the  office  of  Secretary  of  Indian  affairs,  162. 

To  Lord  Cornbury: 

In  answer  to  his  Excellency's  speech,  178. 

Praying  a  warrant  may  issue  for  payment  to  the  com 
missioners  executing  the  office  of  collector  and  re 
ceiver  general,  200. 

Requesting  that  a  colonial  treasurer  be  appointed,  and 
complaining  of  exorbitant  fees,  &c.,  203. 

On  the  subject  matter  of  the  Queen's  letter  and  his 
Excellency's  favorable  speech,  206. 

Congratulating  his  Excellency  on  the  enjoyment  of 
peace  by  the  colony,  notwithstanding  the  war  and  re 
gretting  the  condition  of  the  Revenue,  &c.,  209. 

In  answer  to  his  Excellency's  speech  charging  them 
with  innovations,  217. 

To  Lieutenant- Governor  Ingoldcsby  : 

Requesting  his  Honor  to  recall  the  forces  from  the  fron 
tiers,  287. 

Requesting  his  Honor  to  station  the  Queen's  forces  at 
Albany  and  places  thereabouts,  290. 

To  Governor  Hunter  : 

Requesting  his  Excellency  to  order  the  discontinuance 
of  the  prosecution  against  Mr.  Mulford,  401 ;  The 
answer,  401. 

In  relation  to  a  paper  entitled,  A  Memorial  of  Several 
Aggrievances  and  Oppressions,  &c.,  laid  before  the 
Council,  414  ;  Order  thereupon,  414 ;  Report,  417  ; 
Report  approved,  419. 

In  answer  to  his  Excellency's  message  at  the  opening  of  i 
the  session,  regretting  his  indisposition,  &c.,  440. 

On  his  Excellency's  departure  for  England,  449. 

To  Governor  Unmet : 

In  answer  to  his  Excellency's  speech  at  the  opening  of  the 
session,  452,  525,  540,  556;  The  answers,  526,  541. 

Inviting  his  Excellency  and  the  Council   to  unite  with 
that  House  in  an  address  to  his  Majestv  (  Geo.  I.  )  on  i 
his  escape  from  designs  against  his  person,  496. 

Requesting  that  no  warrants  be  issued  for  support  of 
the  government  except  as  authorized  by  the  resolu 
tion  of  12Mi  May,  1726,  541;  The  answer,  541; 
Report  of  the  Council  in  answer  thereto,  542. 

To  Governor  Clinton: 

On  the  subject  of  Indian  affairs  and  Oswego,  and  on  the 
demand  of  the  Council  for  certain  accounts  before 
proceeding  with  the  Hill  for  paying  the  public  debts 
1088  ;  Referred,  1089  ;  The  answer  of  the  Council 
thereto,  1090. 

On  the  same  subject,  and  recommending  his  Excellency 
to  proceed  to  Albany  for  the  purpose  of  taking  the 
hatchet  out  of  the  hands  of  the  Indians,  1115  •  His 
Excellency's  answer,  1116  ;  A  free  conference  there 
on  requested,  1116;  Agreed  to,  1118;  Report  1119  • 
A  further  conference,  1120;  Report,  1120-  A  free 
conference  held,  1121 ;  Report  draft  of  a  representa 
tion  to  his  Excellency,  1121. 

See  REPEESESTATIOM. 


FROM  THE  Com-cii, : 

To  the  Earl  of  Bellomont  : 

In  answer  to  his  Excellency's  speech  at  the  opening  of 
the  session,  120. 

To  President  Clarke  : 

In  answer  to  his  Honor's  speech  at  the  opening  of  the 
session,  proposed,  662;  The  address,  662;  The 
answer,  663. 

To  Lieutenant-  Governor  Clarke  : 

In  answer  to  his  Honor's  speech  at  the  opening  of  the 

session,   proposed,   675 ;      The  address,   677 ;     The 

answer,  677. 
In  answer  to  his  speech  at  the  opening  of  the  session,  a 

committee  appointed  to  prepare,  727  ;     The  address, 

728;     The  answer,  728. 
In  answer  to  his  Honor's  speech  at  the  opening  of  the 

session,  a  committee  appointed  to  prepare,  752  ;     The 

address  and  answer,  752. 

To  Governor  Clinton  ; 

To  congratulate  his  Excellency  on  his  arrival  and  to 
thank  him  for  his  speech  at  the  opening  of  the  ses 
sions,  proposed,  820  ;  The  address  and 'answer,  822. 

Thanking  his  Excellency  for  his  speech  at  the  opening 
of  the  session,  and  assuring  him  they  will  concur  ill 
the  expedition  against  Cape  Breton,  878;  The  an 
swer,  879. 

Thanking  his  Excellency  for  his  speech,  and  assuring 
him  that  they  will  concur  in  any  measures  of  assist 
ance  towards  the  reduction  of  Cape  Breton,  proposed 
889  ;  The  address  and  answer,  890. 

Thanking  his  Excellency  for  his  speech,  and  assuring 
him  of  the  sincerity  of  their  intentions  in  promot 
ing  his  Majesty's  service,  928 ;  The  address  928  • 
The  answer,  929. 

To  thank  his  Excellency  for  his  speech  and  to  assure 
his  Excellency  that  the  Council  will  exert  their  best 
endeavors  to  promote  the  public  service,  a  committee 
appointed  to  prepare,  964;  Address  reported  and 
amended,  965;  The  address,  966;  The  answer 
967. 

Praying  his  Excellency  to  order  the  new  levies  to  be 
removed   to  the  northward  of  the   city  of  Albany 
proposed,  976;     A  committee  appointed  to  draw  up' 
977;     The  address,  977;     The  answer,  979. 

To  thank  his  Excellency  for  his  speech  at  the  opening 
of  the  session,  and  to  assure  his  Excellency  that  the 
council  are  sensible  of  tluj  advantages  n.-ceivi-d  from 
the  friendship  of  the  six  Indian  nations,  and  will 
endeavor  to  cultivate  peace  and  unity,  &c.,  a  com 
mittee  appointed  to  draft,  1005  ;  Reported  and  or- 
dered  to  be  signed,  1006  ;  The  address  and  answer, 

To  return  his  Excellency  thanks  for  his  speech  at  the 

opening  of  the  session,  a  committee   appointed  to 

draft,  1024;     The  address  and  answer,  1025. 
To  return  his  Excellency  thanks  for  his  opening  speech 

a  committee  appointed  to  draft,  103C ;     The  address 

and  answer,  1037. 
In  answer  to  his  Excellency's  opening  speech,  ordered 

to  be  prepared,  1046 ;     The  address  and  answer.  1047. 
On    the    subject  matter   of    his    Excellency's    opening 

speech,  reported,   1069  ;     The  address,   1070 ;     The 

answer,  1070. 
On    the    subject  matter   of    his    Excellency's    opening 

speech,    moved,    1074 ;     The    address,    1075  ;      The 

answer,  1076. 
In  answer  to  an  address  from  the  House  of  Assembly  to 

his  Excellency  on  the  state  of  Indian  affairs,  &c., 

In  answer  to  his  Excellency's  opening  speech,  moved 
and  a  committee  appointed  to  draft,  1101;  The  ad 
dress  and  answer,  1102. 

In  answer  to  his  Excellency's  opening  speech,  reported, 
1111 ;  The  address  and  answer,  1112. 

To  Lieutenant- Governor  De  Lancey  : 

In  answer  to  his  Honor's  opening  speech,  agreed  to, 

1129  ;     The  address  and  answer,  1130. 
In  answer  to  his  Honor's  speech,  ordered  to  be  prepared, 

1148  ;     The  address  and  answer,  1149. 
In   answer  to  his   Honor's  speech,  resolved  on,  1155  ; 

The  address,  1150;     Answer,  1157. 
In  answer  to  his  Honor's  speech,  a  committee  appointed 

to  prepare,  1162 ;     The  address  and  answer,  1163. 


INDEX. 


2001 


ADDRESSES:     FROM  THE  COUXCIL  —  Continued. 

To  Governor  Hardy  : 

Congratulating  his  Excellency  oil  his  arrival,  and  assur 
ing  him  of  their  co-operation,  proposed,  1214;  The 
address  and  answer,  1215. 

Thanking  his  Excellency  for  his  opening  speech,  ap 
proving  his  proceedings  and  assuring  his  Excellency 
that  the  council  will  exert  themselves  in  the  King's 
service,  £c.,  moved,  1223;  Presented,  1224;  The 
address  and  answer,  1225. 

In  answer  to  his  Excellency's  speech,  approved,  1272  ; 
The  address  and  answer,  1273. 

In  answer  to  his  Excellency's  opening  speech,  1293  ; 
The  answer,  1294. 

To  Li  tut  enant- Governor  DC  Lancey  : 
Desiring  to  be  informed  whether  his  Honor  hath  received 

his  Majesty's  directions  as  to  passing  an  act  further  to 

continue  the  currency  of  bills  of  credit,  presented, 

J310;     Answer,  1310. 
In  answer  to  his  Honor's  opening  speech,  ordered  to  be 

prepared,  1321 ;     The  address,  1322;     Answer,  1323. 
In  answer   to   his   Honor's   opening   speech,   reported, 

1341;     The  address,  1342;     The  answer,  1342. 
In  answer  to  his  Honor's  opening  speech,  ordered  to  be 

prepared,  1359;     The  address,  1360;     The  answer, 

1361. 
To  thank  his  Honor   for  his  opening  speech,   and  to 

join  in  congratulation  for  the  signal  successes  of  his 

Majesty's  arms,   a  committee  appointed   to  prepare, 

1379  ;     The  address,  1380 ;     The  answer,  1381. 

To  President  Colden  : 

In  answer  to  his  Honor's  speech  at  the  opening  of  the 
session,  and  congratulating  him  on  the  conquest  of 
the  whole  of  Canada,  1411 ;  The  answer,  1412. 

In  answer  to  his  Honor's  opening  speech,  condoling  the 
death  of  George  II.,  and  congratulating  his  Honor  on 
the  accession  of  George  III.,  1427 ;  The  answer,  1428. 

To  Lieutenant-Governor  Colden: 

In  answer  to  his  Honor's  speech,  proposed,  1441 ;     The 

address,  1442  ;  The  answer,  1442. 
In  answer  to  his  Honor's  speech,  proposed,  1448;  The 

address,  1448  ;  The  answer,  1449. 
In  answer  to  his  Honor's  speech,  moved,  1466;  The 

address  and  answer,  1467. 

To  Governor  Monckton  : 

In  answer  to  his  Excellency's  opening  speech,  a  com 
mittee  appointed  to  draft,  1484 ;  The  address,  1485  ; 
Answer,  I486. 

To  Lieutenant- Governor  Colden: 
In  answer  to  his  Honor's  opening  speech,  1511 ;     The 

answer,  1511. 
In  answer  to   his    Honor's  opening  speech,  proposed, 

1534  ;     The  address,  1535  ;     The  answer,  1536. 
In  answer  to  his  Honor's  opening  speech,  voted,  1540; 

The  address,  1541 ;     The  answer,  1541. 

To  Governor  Moore  : 

In  answer  to  his  Excellency's  opening  speech,  pro 
posed,  1566 ;  The  address,  15U7 ;  The  answer, 
1568. 

In  answer  to  his  Excellency's  opening  speech,  agreed 
to,  1588  ;  The  address,  1589  ;  The  answer,  1589. 

In  answer  to  his  Excellency's  opening  speech,  proposed, 
1599;  The  address,  1600;  The  answer,  1600. 

In  answer  to  his  Excellency's  speech,  reported,  1617; 
The  address  and  answer,  1618. 

In  answer  to  his  Excellency's  opening  speech,  voted, 
1624;  The  address  and  answer,  1625. 

In  answer  to  his  Excellency's  opening  speech,  proposed, 
1658  ;  The  address,  1659  ;  Answer,  1660. 

In  answer  to  his  Excellency's  opening  speech,  voted, 
1686 ;  The  address  and  answer,  1687. 

To  Lieutenant- Governor  Colden: 

In  answer  to  his  Honor's  opening  speech,  voted,  1712  ; 
The  address  and  answer,  1713. 

To  Governor  Dunmore  : 

In  answer  to  his  Excellency's  opening  speech,  voted, 
1757  ;  The  address  and  answer,  1758. 

To  Governor  Tryon  : 

In  answer  to  his  Excellency's  opening  speech,  proposed, 
1801;  the  governor  being  indisposed,  will  notify 
when  he  can  receive  the  address,  1802;  notifies  the 
house,  1803  ;  The  address  and  answer,  1804. 

251 


ADDRESSES :    FROM  THE  COUNCIL  —Continued, 

In  answer  to  his  Excellency's  opening  speech,  resolved, 
1855;  The  address,  1856 ;  Tlie  answer,  1857. 

In  answer  to  his  Excellency's  opening  speech,  ordered 
to  be  prepared,  1899 ;  The  address,  1900 ;  The  an 
swer,  1901. 

To  Lieutenant-  Governor   Colden  : 

111  answer  to  his  Honor's  opening  speech,  moved  and 
agreed  to,  1943  ;  The  address,  1944  ;  The  answer, 
1944. 

I  FKOM  THE  COUNCIL  AXD  ASSEMBLY  : 
To  Governor  Cosby  : 

Requesting  his  Excellency  to  give  his  assent  to  the  bill 
to  strike  and  make  current  bills  of  credit  to  the 
amount  of  £12,000,  649  ;  The  answer,  650. 

To  Governor  Clinton  : 

To  thank  his  Excellency  for  his  speech,  expressing  their 
abhorrence  of  the  designs  of  his  Majesty's  enemies, 
proposed,  839;  The  Assembly  join,  839;  The  ad 
dress,  840  ;  The  answer,  841. 

To  assure  his  Excellency  that  the  Assembly  will  make 
good  any  expense  that  may  arise  for  the  defence  and 
security  of  Oswego,  859 ;  The  address,  860 ;  The 
answer,  862. 

JOINT  ADDRESSES  : 

To  King  William  and  Queen  -Mary  : 
A  committee  appointed  to  draft,  2  ;     Signed,  7. 
Thanking  their  Majesties  for  having  appointed  Colonel 
Fletcher  governor;     A  joint  committee  proposed  to 
prepare,  20. 

To  William  III.  : 

On  the  state  of  the  Province,  a  joint  committee  appoint 
ed  to  draft,  84;  The  address,  87. 

To  congratulate  his  Majesty  on  his  deliverance  from  the 
horrible  and  detestable  plot  and  conspiracy,  proposed, 
99  ;  The  address,  100. 

Congratulating  his  Majesty  on  his  return  to  England, 
&c.,  a  joint  committee  appointed  to  draw  up,  113; 
The  address,  114. 

To  express  their  resentment  of  the  indignity  offered  to 
his  Majesty  by  the  French  King,  in  pretending  to  set 
up  an  impostor  for  King  of  England,  &c.,  presented 
to  the  Lieutenant-Governor,  with  request  to  forward 
the  same,  173. 

To  Queen  Anne  : 

Congratulating  her  Majesty  on  her  accession  to  the 
throne,  a  joint  committee  appointed  to  prepare,  178 ; 
The  address,  179  ;  Signed  by  the  Governor  and 
Council,  and  sent  down  to  the  Assembly,  181. 

Congratulating  her  Majesty  on  the  late  successes  of  her 
arms  by  sea  and  land,  a  joint  committee  to  draw  up, 
194;  The  Assembly  acquainted,  J95;  And  invited 
to  join,  195;  Committee  appointed  accordingly,  196; 
Signed  and  sent  to  the  Assembly,  203  ;  Agreed  to 
by  that  House,  203. 

To  represent  to  her  Majesty  the  hardship  under  which 
tlie  Province  labors,  and  to  pray  an  aid,  195  ;  Com 
mittee  appointed  to  prepare,  198  ;  Brought  up  and 
amended,  203  ;  Signed,  204. 

To  supplicate  her  Majesty's  approbation  of  the  Aot 
regulating  coin,  269  ;  Delivered  to  the  Speaker  of  the 
Assembly  for  the  concurrence  of  that  House,  270. 

Another  address  voted,  285. 

Representing  the  efforts  made  in  the  late  expedition  to 
reduce  Canada,  and  the  present  state  of  this  planta 
tion,  submitted  to  a  joint  committee,  293  ;  Reported, 
amended,  and  sent  down  to  the  Assembly,  293 ;  To 
be  presented  to  her  Majesty  by  colonel  Peter  Schuy- 
ler,  294. 

Praying  her  Majesty  to  revive  the  expedition  against 
Canada,  ordered,  325  ;  Amended  by  the  Assembly, 
325  ;  Signed  by  the  Council  and  sent  to  the  Assem 
bly,  326. 

Congratulating  her  Majesty  on  the  peace,  and  recom 
mending  the  acts  for  the  payment  of  the  debts  of  the 
government,  for  her  approbation,  signed  and  sent  to 
the  Assembly  for  its  concurrence,  380. 

To  George  I.  : 

Congratulating  his  Majesty  on  his  accession  to  the 
throne,  brought  up  and  requested  to  be  transmitted, 
384. 

Congratulating  his  Majesty  on  the  happy  success  of  his 
Majesty's  arms  in  suppressing  the  late  rebellion  in 


2002 


INDEX. 


ADDRESSES:    JOINT  —  Continued. 

Great  Britain,  a  joint  committee  appointed  to  prepare, 
398. 

Congratulating  his  Majesty  on  his  escape  from  the  de 
signs  against  his  person,  ordered  to  be  prepared,  496  ; 
Reported,  496 ;  Ordered  to  be  engrossed,  497 ; 
Agreed  to  by  the  Assembly,  497. 

To  George  II.  : 

Congratulating  his  Majesty  on  his  accession  to  the 
throne,  a  joint  committee  appointed  to  prepare,  555  ; 
The  address,  550;  Signed,  557. 

Setting  forth  what  has  been  done  in  relation  to  the 
Indian  trade,  more  particularly  at  Oswego,  a  joint 
committee  to  draw  up,  592. 

Representing  the  damages  which  the  colony  would  suffer 
from  the  passage  of  an  act  of  Parliament  for  encour 
aging  the  sugar  colonies,  a  joint  committee  appointed 
to  draw  up,  604;  The  Representation,  605. 

On  the  nuptials  of  the  Prince  of  Wales,  a  joint  commit 
tee  proposed  to  prepare,  668 ;  Agreed  to  by  the  As 
sembly,  669  ;  Reported  and  approved,  670  ;  The 
Lieuteiiant-Governor  concurs  therein,  672;  Sent  to 
his  honor  for  transmission,  673. 

Condoling  his  Majesty  on  the  death  of  Queen  Caroline, 
ordered  to  be  prepared,  718 ;  The  address,  721. 

Praying  for  a  grant  of  money  to  erect  a  suitable  resi 
dence  for  the  governor,  proposed,  789  ;  The  Lieuten- 
ant-Governor  invited  to  unite  therein,  792 ;  his 
Honor  declines,  793 ;  The  Assembly  requests  the 
Council  to  join,  794 ;  That  house  agrees,  794  ;  The 
address,  794. 

To  congratulate  his  Majesty  upon  the  success  of  his 
arms  in  the  total  defeat  of  the  rebels  in  Scotland,  and 
to  return  thanks  for  his  paternal  care  of  the  colonies, 
moved,  936  ;  The  Assembly  requested  to  join,  937  ; 
A  committee  appointed  by  that  house,  937 ;  Address 
agreed  on,  and  the  Governor  invited  to  join,  938; 
His  Excellency's  answer,  940;  The  address,  941; 
Signed  by  the  Governor,  Speaker,  and  members  of  the 
Council,  and  sent  to  the  Assembly,  942. 

Of  condolence  on  the  death  of  the  Prince  of  Wales, 
moved,  1070 ;  A  committee  appointed  to  draft  the 
same,  and  the  House  of  Assembly  unite  therein,  1071  • 
The  address,  1072. 

To  George  III.  : 

To  condole  his  Majesty  on  the  death  of  King  George  II. 
and  to  congratulate  his  Majesty  on  his  accession  to 
the  throne,  proposed,  1428 ;  The  House  of  Assem 
bly  invited  to  join,  1428  ;  Joint  meeting  proposed 
to  prepare  the  address,  1428. 

To  congratulate  his  Majesty  on  his  nuptials,  moved, 
and  the  House  of  Assembly  invited  to  join,  1457  ; 
Reported,  1458  ;  The  Lieutenant-Governor  invited  to 
unite  therein,  1458;  Signed,  1460;  Lieutenant- 
governor  requested  to  transmit  it,  1461. 

To  express  the  grateful  acknowledgments  of  the  colony 
for  his  Majesty's  tender  concern  for  the  rights  and 
liberties  of  his  American  subjects,  in  the  repeal  of 
the  stamp  act,  proposed,  1590 ;  Signed,  1591  ;  The 
address,  1592. 

FBOM  THE  HEMPSTEAD  MEETING  : 

To  the  Duke  of  York  :     Voted,  v. 
ADJOURNMENTS : 

Adjournments  and  Prorogations,  10,  14  17  34  4g  57 
66,  80,  87,  94,  101,  109,  143,  189,  205,  207,  221  234* 
236,  245,  286,  295,  423,  431,  439,  449,  4G2  495  537' 
582,  591,  603,  613,  626,  630,  630,  713,  714,  730*  735' 
750,  755,  775,  779,  795,  800,  808,  813,  814,  837^  846^ 
875. 

See  PROCLAMATIONS. 

ADMINISTRATORS:     See  EXECUTORS;     WILLS. 
AERSSON,  GERRIT  :     See  SWARTWOUT,  THOMAS. 
AGE  OF  MAJORITY: 

Legal  Age  Declaratory  Act :    Passed,  xiii. 
AGENT : 

Agent  Appropriation  Sill  : 

Brought  up  and  read,  83  ;     Enacted,  84. 
Agency  Appointing  Bill  : 

Brought  up  and  read  1st  time,  326  ;  Read  2d  time  and 
motion  to  commit  negatived,  327 ;  Bill  rejected,  327. 


AGENT :  —Continued. 

Again  brought  up,  and  ordered  to  lie  on  the  table,  336. 
Again  brought  up,  and  read   1st  time,  360;     Read  2d 
time  and  committed,  361. 

Agent  Appointment  and  Charge  Defraying  Sill  : 

Brought  up,  read  and  committed,  384  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  385. 

Agent  Appointment  and  Paying  Bill: 

Brought  up,  read  and  committed,  391 ;  Reported  and 
recommitted,  392  ;  Amended  and  sent  for  concurrence 
to  the  Assembly,  393  ;  Agreed  to  by  that  House,  393  ; 
Enacted,  395. 

Agent  Appointment  Bill  : 
Brought  up,  read   and  committed,  403;     Passed,  and 

Assembly  acquainted,  403  ;    Enacted,  404. 
Revived,  448. 

Agent's  Debt  Discharging  Bill: 

Brought  up  and  read,  530;  Committed,  531 ;  Passed, 
and  Assembly  acquainted,  532  ;  Enacted,  536. 

Ambrose  Philip's  Remittance  Bill  : 

Brought  up,  passed  and  Assembly  acquainted,  437; 
Enacted,  438. 

Governor  Burnett  bear  witness  to  the  usefulness  of  an 
agent,  508. 

Agent  Appointment  Sill: 

Brought  up,  read,  passed  and  Assembly  acquainted,  548  ; 
Enacted,  550. 

Governor  Montgomerie  recommends  the  appointment  of 
an  agent,  582 

Tax  Levy  and  Agenry  Appointing  BUI :  ' 

Brought  up,  read  and  committed,  589;  Passed,  and 
Assembly  acquainted,  589  ;  Enacted,  591. 

Agents  Employment  Bill  : 

Brought  up  and  read,  609  ;  Committed,  610 ;  Con 
ference  thereon,  611 ;  Passed,  but  not  to  be  of  prece 
dent,  611;  Assembly  acquainted,  611 ;  Enacted,  612. 

Agent  Appointment  by  Assembly  Bill  : 
Brought    up,    684 ;      Read,    685 ;      Committed,    687 ; 
Amended  and  sent  for  concurrence  to  the  Assembly, 
691. 

Necessary  in  England,  769,  820,  848,  876  ;  A  new  mode 
of  appointment  recommended,  1685  ;  How  appointed 
formerly,  1686. 

See  BAKER  ;     CHARLES. 
ALBANY : 

The  sheriff  of,  ordered  to  have  a  burgess  elected  for  the 
manor  of  Reuselaerswyck,  1 ;  Bill  for  the  support  of 
the  garrison  of,  recommended  to  be  introduced.  2 ; 
To  defray  its  necessary  charge,  9  ;  Petitions  the  Leg 
islature  in  regard  to  disbursements  it  has  incurred  for 
public  purposes,  11 ;  Expense  of  Colonel  Bengali's 
expedition  to,  13  ;  Expedition  to  the  Far  Indians  from, 
14;  The  Commander  in  Chief's  report  on  the  state  of, 
18  ;  A  fort  required  at,  26  ;  A  stone  fort  required  at, 
35;  Governor  Fletcher  goe-;  to,  94,  95;  To  pass  the 
winter  there,  99;  The  Earl  of  Bellomont  meets  the 
Indians  at,  122;  The  attorney  general  ordered  lo  pro 
pare  a  bill  to  oblige  the  handlers  trading  with  the 
Indians  to  take  out  licenses  to  retail  spirituous  liquors, 
200 ;  An  attempt  made  to  confine  the  Indian  trade 
to,  270 ;  The  five  nations'  warriors  invited  to,  279  ;  A 
post  established  between  Boston  and,  285  ;  The  forti 
fications  at,  repairing,  323  ;  The  fort  at,  to  be  rebuilt, 
326  ;  Part  of  Livingston  Manorannexed  to  the  county  of, 
411;  The  corporation  accused  of  having  neglected  to 
comply  with  provisions  of  the  act  for  the  support  of  Os 
wego,  575  ;  Declaration  of  the  town  clerk  thereto,  581 ; 
The  Legislature  recommended  to  provide  for  the  erection 
of  new  forts  at,  631 ;  Troops  sent  to,  905  ;  French  In 
dians  infest  the  neighborhood  of,  974;  Small  pox  and 
measles  at,  97.) ;  Case  of  the  breaking  open  the  store 
houses  at,  1039  ;  Mr.  Van  Schaick  recorder  of,  1199 ; 
An  act  parsed  to  alter  the  bounds  of  certain  districts 
(Duanesburgh,  &c.),  in,  1894. 

Acci  fents  by  Old  Buildings  Prevention  Bill  : 
Brought  up  and  read,  1949  ;     Committed,  1952. 

Lands  Annexation  to  County  Bill  : 
Brought  up  and  read,  1580  ;     Committed,  1581. 


INDEX. 


2003 


ALBANY  -.—Continued. 

Assessments  Compulsory  Payment  Bill  : 
Brought  up  and  read,  1238  ;     Committed,  1239  ;     Pas 
sed,  1240;     Assembly  acquainted,  1241;     Enacted, 
1248. 

Assessors  Election  Bill : 

Brought  up,  passed  and  Assembly  acquainted,  349  > 
Enacted,  353. 

County  Division  Bill  : 

Brought  up  and  read,  1820 ;  Committed,  1821  ;  Pas 
sed,  and  Assembly  acquainted,  1824.  Enacted,  1835. 

Albany  and  Ulster  Counties  Boundary  Ascertaining  Bill: 
Brought   up,   read   and  committed,    483 ;      Amended, 
passed,  and  sent  for  concurrence  to   the  Assembly, 
490. 

Albany,  Tryon  and  Charlotte  Division-Lines  Running  Bill : 
Brought  up  and  read,  1873  ;     Committed,  1875  ;     Pas 
sed,  1875 ;     Enacted,  1894. 

Albany,  Charlotte  and  Cumberland  County-Lines  Altera 
tion  Bill  : 

Brought  up  and  read,  1959;  Committed,  1962;  Pas 
sed,  1969  ;  Assembly  acquainted,  1973 ;  Enacted, 
1990. 

Albany  and  Tryon  Districting  Bill  : 

Brought  up  and  read,  1836  ;  Committed,  1838  ;  Pas 
sed,  1839  ;  Assembly  acquainted,  1840 ;  Enacted, 
1849. 

Jail  and  City  Hall  Repairing  or  Rebuilding  Bill  : 

Brought  up  and  read,  190  ;  Read  and  committed,  191 ; 
Reported,  191 ;  Enacted,  204. 

Jail  and  City  Hall  Repairs  or  Rebuilding  Bill: 

Brought  up,  read  and  committed,  226  ;  Report,  227 ; 
Enacted,  234. 

New  Court-House  and  Jail  Building  Bill : 

Brought  up  and  read,  762 ;  Committed,  763  ;  Passed, 
766 ;  Enacted,  766. 

Court-House  and  Jail  Completing  Bill  : 
Brought  up,  810  ;     Read  and  committed,  811 ;     Passed, 
and  Assembly  acquainted,  812 ;     Enacted,  813. 

Court-House  and  Jail  Finishing  Bill  : 
Brought  up  and  read,  1468 ;     Committed.  1468  ;     Pas 
sed,   1469;     Assembly  acquainted,   1470;     Enacted, 
1472. 

Jails  in  Court-House  Finishing  Bill  : 

Brought  up  and  read,  1515  ;  Committed,  1516;  Pas 
sed  and  Assembly  acquainted,  1518  ;  Enacted,  1524. 


Commissaries  Court  Regulation  Bill  : 

Fails  to  become  law,  xv. 
Fires  better  Extinguishing  Bill  : 

Brought  up  and  read,  1494 ;  Committed,  1495  ;  Pas 
sed,  1496;  Assembly  acquainted,  1498;  Enacted, 
1502. 

Garrison  Support  Bill : 
Recommended  to  the  Assembly,  2. 

Inoculating  Hospitals  Licensing  Bill  : 

Brought    up    and    read,    1861 ;       Committed,    1862 ; 
Amended,  1863  ;     Passed,  and  sent  for  concurrence  to 
the  Assembly,  1865  ;    Agreed  to  by  that  house,  and 
title  altered,  1866. 
Indian  Houses  Erection  Bill: 

Brought  up,  passed  and  enacted,  400. 
Indian  Sheds  Expenses  Payment  Bill  : 

Brought  up,  read,  committed,  passed,  and  Assembly 
acquainted,  504;  Enacted,  506. 

Necessary  Charge  Defraying  Bill  : 

Enacted,  9,  56,  60. 
'Necessary  Charge  Paying  Bill  : 

Read,  107  ;     Enacted,  108. 
Necessary  Charges  Bill  : 

Brought  up,  read  and  committed,  139  ;  Read  3d  time, 
139  ;  Passed,  140 ;  Enacted,  143. 


ALBANY  -.—Continued. 

Annual  Charges  Defraying  Bill  : 

Brought  up,  read  and  committed,  244 ;     Passed,  244 ; 
Assembly  acquainted,  245  ;     Enacted,  245. 

Public  Charge  Defraying  Bill  : 

Brought  up  and  read,  514;     Committed,  515  ;     Passed, 
and  Assembly  acquainted,  516  ;     Enacted,  517. 

£150  Tax  Levy  Bill: 

Brought  up,  1430  ;     Read  and  committed,  1431 ;     Pas 
sed,  and  Assembly  acquainted,  1437 ;     Enacted,  1438. 

£150  Tax  Levy  Bill:  (for  Bell  and  repairs  of  court-house.) 
Enacted,  1992. 

Stone  Wall  Bill: 

Brought  up  and  read,  1571 ;     Committed,  1572  ;     Pas 
sed  and  Assembly  acquainted,  1572 ;     Enacted,  1583. 

Supervisors  Oath  Bill  : 

Brought  up  and  read,  1402 ;     Committed,  1403  ;     Pas 
sed,  and  Assembly  acquainted,  1404  ;     Enacted,  1406. 

Tax  Arrears  Collection  Bill  : 

Brought  up,  read  and  committed,  853;     Passed,   and 
Assembly  acquainted,  854  ;     Enacted,  857. 

Collectors  Compulsory  Accounting  Bill  : 
Brought  up  and  read,  1971 ;     Committed,  1972  ;     Or 
dered  3d  reading,  1975;     Passed,  1982;     Assembly 
acquainted,  1983  ;     Enacted,  1992. 

Watching  and  Guarding  Bill  : 
Brought  up  and  passed,  294  ;     Enacted,  295. 
Revived,  342. 

Military  Watch  Establishment  Bill  : 

Brought  up,  read  and  committed,  899  ;    Ordered  3d 

reading,  900 ;    Passed,  and  Assembly  acquainted,  901  ; 

Enacted,  904. 
Again  enacted,  926. 
Continued,  with  an  addition,  959. 
Revived,  with  additions,  1015. 

£250  (  or  Night  Watch )  Tax  Bill  : 

Enacted,  1682,  1728,  1765. 
Watching  and  Lighting  Tax  Bill  : 

Enacted,  1822,  1872,  1910,  1951. 

Wharf  Building  Bill  : 

Brought  up,  read  and  committed,  644 ;  Report,  646 ; 
Passed,  and  Assembly  acquainted,  647,  648 ;  En 
acted,  650. 

See  APPROPRIATIONS  ;  FORTIFICATIONS  ;  HIGHWAYS  ;  Iit- 
OCDLATION  ;  LANDS  ;  LOTTERIES  ;  TAVERNS  ;  TAXATION  ; 
TKADE;  TRESPASSES. 

ALBRANT,  HANSIS:     Naturalized,  1751. 

ALEXANDER,  JAMES  :  Deputy  secretary,  439 ;  Member  of 
the  Council,  480-624,  1078-1253  ;  Member  of  Assembly, 
684,  699,  708,  718;  Commissioned  to  run  the  line  be 
tween  New  York  and  New  Jersey,  1019. 

See  DISSENTIENTS  ;     REASONS. 


ALEXANDRIA  :     Lieutenant-Governor  De  Lancey  visits,  1191 ; 
A  council  of  governors  held  at,  1197. 

ALIENS : 

Aliens  Estates  Confirmation  Bill  : 

Originally  brought  up  as  a  bill  for  naturalizing  foreign 
ers,  1701 ;     Title  amended,  1701. 

Alien  Estates  Inheritance  or  Possession  Confirmation  Bill  : 
Brought  up  and  read,  1730  ;    Committed,  1731 ;  Passed, 
and  Assembly  acquainted,  1745  ;     Enacted,  17SO. 

See   NATURALIZATION  : 
ALLEN,  ELIZABETH  :     Naturalized,  1751. 
ALLEN,  JOHN  :     Member  of  Council,  xxiv. 

ALSOP  ads.  WANDALL  :  Order  in  the  case  of,  137 ;  Petition 
read,  138;  Case  postponed,  139,  140;  Previous  judg 
ment  in  appeal  reversed,  141. 

ALSOP,  JOHN,  1326 : 

ALT,  HANNIS  :     Naturalized,  1751. 

AMEOY,  lord  Cornbury  about  to  go  to,  206. 


2004 


INDEX. 


AMHERST,  General :     A  copy  of  his  letter  communicated,  '  APPROPRIATIONS  :  —Continued. 


1364 ;  Asks  for  a  loan  of  £150,000,  1371 ;  Reduces  the 
whole  of  Canada,  1410 ;  Calls  for  men  to  march  against 
the  ludians,  1510. 

AMERMAN,  DIRCK,  281. 
ANDERSON,  DEBORAH,  339. 
ANDERSON,  JOHN  :     Naturalized,  1065. 

ANDERSON,  WILLIAM,  339  ;     Empowered  to  sell  land  in  New 
York,  353. 

See  NEW  YORK. 

AXDROS  :     See  GOVERNOR. 


APPEALS: 

Provision  made  for,  30  ;     Instance  of  a  previous  judgment 

in,   reversed   by  a   subsequent  Governor  and  Council, 

141, 

To  the  King,  a  pamphlet  published  on  the  subject,  1635. 
Justices  of  the  peace  obliged  to  determine,  1849  ;     Security 

to  be  given  ou  suing  out,  1849. 

APPLE,  ANTHONY  :     Naturalized,  1708. 
APPLEQATE  ISLAND  BRIDGE  :     See  WESTCHESTEB. 
APPROPRIATIONS : 

Appropriation  Sill,  (1739,  1740) : 

Brought  up  and  read,  743  ;     Committed,  744;     Passed, 
and  assembly  acquainted,  745  ;     Enacted,  750. 

Appropriation  Bill,  (1740,  1741) : 

Brought  up,  read  and  committed,  765  ;     Passed,  765 ; 
Assembly  acquainted,  7b'(i ;     Enacted,  766. 

Appropriation  Bill,  (1741,  1742) :     Enacted,  795. 
Appropriation  Bill,  (1743) : 

Brought  up  and  read,  804;     Committed,  805;     Passed, 
and  Assembly  acquainted,  807 ;     Enacted,  808. 

Appropriation  Bill,  (1744) :  Enacted,  837. 
Appropriation  Bill,  (1745) :  Enacted,  874. 
Appropriation  Bill,  (1746) :  Enacted,  904. 
Appropriation  Bill,  (1747) :  Enacted,  959. 
Appropriation  Bill,  (1748)  :  Enacted,  1016. 
Appropriation  Bill,  (1749) : 

Brought  up  and  read,  1031. 
Appropriation  Bill,  (to  1751) : 

Brought  up  and  read,  10C2 :  Committed,  1064  ;    Passed, 
10(54;     Enacted,  1065. 

Appropriation  Bill,  (1752)  :     Enacted,  1093. 
Appropriation  Bill,  (1752,  1753)  :     Enacted,   1107. 
Appropriation  Bill,  (1753,  1754) : 

Brought  up  and  read,  1141;     Question  for  2d  reading 

negatived  and  bill  rejected,  1142;     Message  of  the, 

Assembly  inquiring  what  the  council  have  done  with 

the  bill,  1143  ;     Answer,  1143. 
Again  brought  up  and  read,  1175  ;     Committed,  1178  ; 

Report,    1180;     Motion   for   3d    reading    negatived 

1180. 

Appropriation  Bill,  (to  1706)  :     Enacted,  1289. 
Appropriation  Bill,  (1756,  1757)  :     Enacted,  1289. 

Appropriation  Bill,  (1758)  :  Enacted,  1317. 

Appropriation  Bill,  (1759)  :  Enacted,  1355. 

Appropriation  Bill,  (1760)  :  Enacted,  1391. 

Appropriation  Bill,  (1761) :  Enacted,  1422. 

Appropriation  Bill,  (1762)  :  Enacted,  1461. 

Appropriation  Bill,  (1763)  :  Enacted,  1502. 

Appropriation  Bill,  (1704)  :  Enacted,  1530. 

Appropriation  Bill,  (1765) :  Enacted,  1560. 

Appropriation  Bill,  (1766)  :  Enacted,  1582. 

Appropriation  Bill,  (1767) :  Enacted,  1613. 

Appropriation  Bill,  (1768)  :  Enacted,  1645. 

Appropriation  Bill,  (1769)  :  Enacted,  1681. 

Appropriation  Bill,  (1770)  :  Enacted,  1750. 


Appropriation  Bill,  (1771)  :  Enacted,  1789. 
Appropriation  Bill,  (1772) :  Enacted,  1848. 
Appropriation  Bill,  (1773)  ;  Enacted,  1893. 
Appropriation  Bill,  (1774)  :  Enacted,  1937. 
Appropriation  Bill,  (1775) :  Enacted,  1990. 
Advances  Repayment  Bill  : 

Brought  up  and  read,  879  ;  Committed,  880  ;  Passed, 
and  Assembly  acquainted,  881 ;  Enacted,  884. 

Albany  and  Schencctady  Stockades  Paying  Bill : 

Brought  up  and  read,  469  ;  Committed,  470  ;  Passed, 
and  Assembly  acquainted,  471 ;  Enacted,  475. 

Assembly  Clerk  and  Doorkeeper's  Pay  Bill : 

Brought  up,  read  and  committed,  363  ;  Passed,  and 
Assembly  acquainted,  364 ;  Governor  requested  to 
assent  thereto,  367  ;  Enacted,  380. 

BarMy  Appropriation  Bill  : 

Brought  up,  read  and  committed,  669  ;  Passed,  and 
Assembly  acquainted,  670 ;  Enacted,  674. 

Bcllomont  and  Nanfan  Present  Bill  : 

Brought  up,  135  ;     Passed,  136  ;     Enacted,  143. 
Bradley  and  Bcekman  Appropriation  Bill : 

Brought  up,  read  and  committed,  601 ;  Passed,  and 
Assembly  acquainted,  601 ;  Enacted,  602. 

British  Officers  Payment  Bill  : 

Brought  up  and  read,  336  ;  Committed,  337  ;  Passed, 
and  Assembly  acquainted,  339  ;  Enacted,  342. 

Cape  Breton  Expedition  Appropriation  Bill  : 

See  CAPE  BRETON. 
Connecticut   Troops  Appropriation  Bill :     Enacted,  1219. 

Contingencies  Defraying  Bill  : 
Brought  up  and  read,  1031. 

£2,000  (Cornbury  Present)  Bill  : 

Brought  up,  read  and  committed,  186 ;     Enacted,  189. 

Bills  of  Credit  Canceling  Appropriation  Bill :     Enacted, 
1560. 

Crown  Point  Expedition  Appropriation  Bill  : 
Brought  up,  read  and  committed,   1206  ;     Passed,  and 
Assembly  acquainted,  1207  ;     Enacted,  1207. 

Crown  Point  Forces  Paying  Bill  : 

Brought  up  and  read,  1251  ;  Committed,  1252  ;  Passed, 
Mr.  Kennedy  dissenting,  1254;  Enacted,  1255. 

Government  Debts  in  the  late  Revolution  Payment  Bill  : 

Brought  up  and  read,  170  ;    Postponed  to  next  session. 

171. 
Again  brought  up  and  read,  172  ;     Read  2d  time,  173  ; 

Enacted,  174. 

Public  Debts  Paying  (or  First  Long)  Bill  : 

Brought  up,  read  and  committed,  377;  Amended  and 
sent  for  concurrence  to  the  Assembly,  379  ;  Agreed 
to  by  that  House,  379  ;  Enacted,  380  ;  Royal  assent 
requested,  380;  Earl  of  Clarendon  enters  a  caveat 
against,  382. 

An  explanatory  act  passed,  383  ;     Enacted,  384. 

Debts  of  the  Colony  Paying  (  or  Second  Long  )  Bill  : 

Brought  up  and  read,  419  ;  Committed,  420  ;  Memo 
rial  of  the  collector  and  receiver-general  thereon, 
420  ;  Amended  and  sent  for  concurrence  to  the  As 
sembly,  421  ;  Mr.  Philips  dissents,  421 ;  Some 
amendments  agreed  to  and  others  disagreed  to  by  that 
House,  421;  Conference  requested,  422;  Amend 
ments  agreed  to  and  bill  enacted,  423. 

Colonial  Debts  Paying  Bill  : 

Brought  up,  1061 ;  Read  and  committed,  1062;  Pas 
sed,  and  Assembly  acquainted,  1063  ;  Enacted,  1065. 

Public  Debts  Discharging  Bill : 

Brought  up  and  read,  1173;  Committed,  1174;  Mo 
tion  for  3d  reading  negatived,  1180  ;  Why,  1180. 

Public  Debts  Payment  Bill  : 

Brought  up  and  read,  1239 ;     Committed,   1241 ;     On 


INDEX. 


2005 


APPROPRIATIONS :  —Continued. 

question  to  report,  Mr.  Alexander  moves  that  three 
members  of  the  Couucil  state  what  the  services  were 
for  which  they  are  to  be  paid,  1242  ;  Passed,  Messrs. 
Colden,  Alexander  and  Smith  dissenting,  1242;  As 
sembly  acquainted,  1242;  Reasons  for  dissenting, 
1243  ;  Enacted,  1255. 

Public  Debts  Payment  Bill :     Enacted,  1336. 
Public  Debts  Paying  Sill  •     Enacted,  1406. 
Public  Debts  Payment  Bill :     Enacted,  15GO. 
£1511  12s.  Appropriation  Sill :     Enacted,  904. 
Five  Nations  Presents  Bill: 
Brought  up  and  read,  262 ;     Enacted,  263. 

Five  Nations  Present  Bill: 

Brought  up  and  committed,  377;     Enacted,  378. 
Six  Nations  Meeting  Appropriation  Bill: 

Brought  up  and  read,  1050 ;  Amended,  passed,  and 
sent  for  concurrence  to  the  Assembly,  1051;  Being 
a  money  bill,  disagreed  to  by  that  House,  1052; 
Moved  that  the  Council  have  a  right  to  amend,  1052; 
Consideration  of  said  motion  deferred,  1052. 

Fort  George  Repairs  Appropriation  Bill : 
Passed,  799  ;     Enacted,  800. 

Government  officers  Pay  Bill : 

Brought  up  and  read,  336 ;     Committed.  338. 
For  bill  paying  the  arrears  due  to  the  officers  late  raised 
in  the  county  of  Suffolk.     See  SUFFOLK. 

Governor's  Present  Bill :     Enacted,  xii. 

Governor's  Present  more  speedy  Collection  Bill :     Enacted, 
xiii. 

Governor's  Extraordinary  Expense  Defraying  Bill : 
Enacted,  9  ;     The  Assembly  recommended  to  prepare 
an  explanatory  bill,  16. 

Governor's  and  Soldiers'  Present  Bill  : 

Brought  up  and  read,  79  ;     Rejected,  80. 
8025  Ounces  af  Plate  (  or  Governor's  Salary  )  Bill  : 

Brought  up  and  read,  327  ;  Committed,  328  ;  Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  329. 

Another  bill,  brought  up  and  committed,  335  ;  Passed, 
and  Assembly  acquainted,  336 ;  p;nacted,  336. 

Hunter  and  Schuyler's  Appropriation  Bill : 

Brought  up,  passed,  and  Assembly  acquainted,  345: 
Enacted,  353. 

Governor  Hunter's  Present  Sill  : 

Brought  up,  passed,  and  Assembly  acquainted,  403 ; 
Enacted,  404. 

Governor's  Compensation  for  Damages  Bill  : 

Brought  up  and  read,  1923;  Passed,  and  Assembly 
acquainted,  1924  ;  Enacted,  1927. 

Indian  Affairs  Appropriation  Bill  : 

Mr.  Alexander  ordered  to  prepare  and  bring  in,  1084; 
Presented  and  read,  1085 ;  Committed,  1086  ; 
Amended,  and  title  altered,  1086;  Passed,  and  sent 
for  concurrence  to  the  Assembly,  1087;  Ordered 
printed,  1093. 

Judges  Salary  Bill:     Enacted,  xiii. 
Continued,  xxii. 

Losses  (  by  Stamp  Act  Riots )  Payment  Bill  : 

Brought  up  and  read,  1607;  Committed,  1608;  Pas 
sed,  and  Assembly  acquainted,  1612.  Enacted,  1613. 

Malcolm  Appropriation  Bill : 

Brought  up  and  read,  703 ;  Committed,  764;  Passed 
and  enacted,  766. 

£4790  Military  Bounties  Appropriation  Bill  : 
Enacted,  1472. 

Fire  and  Light  for  N.  Y.  Garrison  Provision  Bill  : 

Brought  up,  read  and  committed,    810  ;      Ordered  3d 
reading,  811 ;    Passed,  and  Assembly  acquainted,  812 ;  i 
Enacted,  813. 

Schenectady  Appropriation  Bill  : 

Brought  up,  read  and  committed,  442 ;  Passed,  and 
Assembly  acquainted,  444 ;  Enacted,  448. 


APPROPRIATIONS :  —Continued. 
£100  Bill: 

Brought  up,  read  and  enacted,  86. 

Certain  Sums  (Salaries)  Payment  Bill: 
Brought  up,  read  and  committed,  289  ;     Enacted,  290. 

Sundry  Sums  Payment  Bill : 

Brought  up,  amended,  and  sent  for  concurrence  to  the 
Assembly,  307 ;  Amendments  non-concurred  in,  and 
a  committee  of  conference  ordered,  307,  308  ;  As 
sembly  persists,  and  Council  adhere,  309. 

Several  Sums  Payment  Bill  : 

Brought  up,  read  and  committed,  341. 
Moneys  Paying  ( to  Roger  Momperson  )  Bill : 

Brought  up  and  read,  361 ;  Committed,  363;  Passed, 
and  Assembly  acquainted,  364  ;  Enacted,  380. 

Several  Persons  Payment  Bill  : 

Brought  up,  read  and  committed,  394;  Passed  and 
enacted,  395. 

Several  Demands  Paying  Bill  : 

Brought  up  and  read,  1084 ;  The  Assembly  requested 
to  communicate  the  accounts  on  which  the  allowances 
have  been  made,  1085  ;  That  House  declares  the 
request  extraordinary  and  apparently  unprecedented, 
1086  ;  Couucil  resolves  that  it  is  its  undoubted 
right  to  see  the  accounts,  and  that  it  will  uot  proceed 
until  they  be  furnished,  1087 ;  Address  of  the  As 
sembly  thereon,  1088. 

Several  Sums  Application  Bill: 

Brought  up  and  read,  1122;  Committed,  passed,  and 
Assembly  acquainted,  1123;  Enacted,  1124. 

Several  Sums  Payment  Bill: 

Brought  up,  read  and  committed,  1150;  Conference 
requested,  1152;  Being  a  money  bill,  the  Assembly 
decline  a  conference,  1152;  Representation  thereon 
ordered,  and  a  committee  appointed  to  prepare  the 
same,  1153;  The  Representation,  ]153;  Answer, 
1153;  Bill  recommitted,  1154;  Report,  bill  read 
3d  time,  1154;  Question  whether  it  should  pass 
negatived,  and  bill  rejected,  1154;  Assembly  recom 
mended  to  frame  a  new  bill,  1155. 

Another  bill  brought  up,  read  and  committed,  1157; 
Passed,  and  Assembly  acquainted,  1158 ;  Enacted 
1158. 

Sundry  Sums  Payment  Bill  : 

Brought  up,  read  and  committed,  330  ;  Amended  -and 
sent  for  concurrence  to  the  Assembly,  330  ;  Returned 
to  the  Council  without  reference  to  their  amendments, 
331 ;  Again  sent  back  to  the  Assembly,  who  return 
it  with  their  reiterated  resolve  not  to  admit  any 
amendments  of  the  Council  to  money  bills,  331. 

Appropriations  for  the  support  of  government  two  years 
in  arrears,  332,  1045. 

Sundry  Sums  Paying  Bill  : 

Brought  up  and  read,  361 ;  Committed,  363 ;  Passed, 
and  Assembly  acquainted,  364 ;  Enacted,  366. 

Statues  Payment  Bill :     Enacted,  1653. 
Treasurer  Reimbursing  Bill :     Enacted,  1502. 
Van  Brugh  and  Hansen  Appropriation  Bill  : 
Brought  up  and  read,  360  ;     Committed,  361 ;     Passed, 
and  Assembly  acquainted,  362;     Enacted,  366. 

Van  Zant  and  Uyten  Bogart  Pay  Bill : 

Brought  up  and  read,  428  ;  Committed,  430;  Passed, 
and  sent  back  to  the  Assembly,  437;  Enacted,  438. 

Virginia  and  Pennsylvania  Aid  Bill: 
Brought  up,  read  and  committed,  1164;     Passed,  and 
Assembly  acquainted,  1165  ;     Enacted,  1165. 

See  AGENT  ;     FRONTIERS  ;     MEMBERS  ;     MILITARY. 
APTIIORPE,  CHARLES  WARD,  Member  of  Council,  1565-1998. 

ARMSTRONG,  Captain :     Reports  on  the  fortifications  of  New 
York,  1018. 

ARBSSTS  :    See  LAW. 


2006 


INDEX. 


ASSEMBLY : 

History  of  its  introduction  in  New  York,  iii ; 
of  members  in  the  first,  xi ;     Dissolved,  xiv, 

819,  885,  999, 


Number 
xvii,  24, 

40  48,  77,  110,  115,  175,  223,  245,  275,  311,  353,  381, 
396  537  553,  562,  568,  679,  724,  814,  819,  885,  999, 
1043,  1093,  1356,  1425,  1654,  1683,  1997;  Abolished, 
xvi ;  Missing  journals  of,  xxxi ;  A  commission  issued  [ 
to  swear  in  the  members  of,  1 ;  The  seats  of  two  mem 
bers  of,  declared  vacant,  1 ;  Present  their  Speaker,  1, 
41;  Privileges  of  members  of ;  See  PRIVILEGES  ;  Pass 
a  vote  of  thanks  to  Governor  Sloughter  for  his  speech, 
2 ;  A  sergeant-at-arms  appointed  for,  3 ;  Address  to 
Governor  Sloughter  from,  3;  Consent  to  the  publica 
tion  of  their  resolves  and  address,  4 ;  Appoint  a 
committee  on  fees,  4  ;  Complain  of  the  want  of  an 
attorney-general,  7 ;  Provision  made  for  the  payment 
of  members,  8 ;  Adjourned,  10,  17,  34,  39  ;  Called  on 
to  provide  for  the  defense  of  the  frontiers,  11, 14;  Ten 
members  only  attending  decline  to  transact  public  busi 
ness,  17 ;  Declared  to  be  a  lawful  assembly,  19 ;  Their 
address  to  Governor  Fletcher,  20 ;  Propose  a  joint 
address  to  their  Majesties,  20  ;  To  be  dissolved,  and  an 
election  of  a  new,  ordered,  22 ;  See  ELECTIONS  ;  Re 
quest  the  Governor  to  order  all  arrears  of  taxes  to  be 
collected,  22 ;  Prorogued,  24,  66,  77,  110, 143,  149, 155, 
171,  236,  309,  331,  342,  353 ;  See  ADJOURNMENTS  ;  Ask 
that  their  Speaker  be  paid  for  his  services,  34 ;  A  mem 
ber  elect  refuses  to  take  the  oath,  and  a  new  election  is 
ordered  accordingly,  41 ;  A  copy  of  their  daily  minutes 
and  votes  to  be  sent  every  night  to  the  Governor,  43  ; 
Berated  for  not  passing  certain  bill,  and  dissolved,  48 ; 
Henry  Filkin,  returned  as  member  for  Kings  county, 
though  having  the  smallest  number  of  votes,  49  ;  To 
have  the  perusal  of  the  collector's  account  books,  &c., 
51;  Vote  men  for  the  frontiers,  52;  Wait  on  his  Ex 
cellency,  and  are  urged  to  recede  from  their  vote  on  a 
supply  for  the  frontiers,  53,  and  to  vote  a  larger  sum, 
54;  Thank  the  Governor  for  his  gracious  speech,  58; 
Called  on  to  provide  for  the  frontiers,  61 ;  Express  their 
readiness  to  pay  one  hundred  men  for  that  purpose, 
61 ;  Commanded  to  attend  his  Excellency,  and  rebuked 
for  their  stubbornness,  63 ;  Desire  a  copy  of  the  j 
Governor's  speech,  68 ;  Call  for  muster  rolls,  68  ;  Mes-  j 
sages  of  the  Governor  to,  68,  69,  70,  73,  74;  Insist  I 
on  seeing  the  muster  rolls,  70;  Charged  with  making  j 
statements  inconsistent  with  truth,  and  demand  par 
ticulars,  73 ;  Sent  for,  and  urged  to  leave  off  conten 
tions  and  jangling,  75;  Their  daily  charge,  76;  Re 
quest  the  Governor  to  pardon  a  soldier  condemned 
to  be  shot,  78  ;  Unite  in  an  address  to  King  William, 
87,  100;  And  agree  to  the  association,  101;  The 
members  from  Westchester  absent  themselves  from  the, 
101 ;  Humphrey  Underbill,  guilty  of  contempt,  to  ap 
pear  at  the  bar  of  the,  103  ;  Speech  of  the  Governor 
to,  on  the  .£1,500  bill,  106;  Vote  an  address  concern 
ing  the  towns  of  Rye  and  Bedford,  106 ;  Refuse  to 
proceed  on  a  money  bill  amended  by  the  Council,  107  ; 
Their  address  to  the  Earl  of  Bellomont  in  answer  to  his 
speech,  112;  Join  in  an  address  to  the  King,  113; 
Six  members  retire  from,  115  ;  The  sole  judge  of  dif 
ferences  among  themselves,  115  ;  Ordered  to  elect  a  ! 
speaker,  119  ;  Present  an  address  to  the  Earl  of  Bello-  | 
mont,  122;  Recommended  to  provide  laws  for  quali-  ' 
fying  jurors,  converting  negroes  and  Indians,  and  ' 
erecting  work-houses,  125 ;  Recommended  to  make 
provision  for  the  fair  choosing  of  Representatives,  126. 
Vote  an  address  to  his  Majesty,  139  ;  Ordered  to  elect 
a  Speaker  in  the  place  of  James  Graham,  called  to  the 
Council,  141  ;  Provision  for  the  better  payment  of  mem 
bers  ;  Present  addresses  to  Lieutenant-Governor  Nan- 
fan,  relative  to  his  management  of  the  Five  Nations,  161, 
and  relative  to  Robert  Livingston,  162  ;  Suffolk  county 
refuses  to  elect  members  to,  168 ;  The  members  of 
Queens  and  Westchester  counties  refuse  to  sit  and  vote 
in  the,  168 ;  Contest  between  Abraham  Gouverneur 
and  William  Nicols  for  the  speakership,  169  ;  Vote 
an  address  to  the  King,  173 ;  Number  of  members 
increased,  174;  Meet  at  Jamaica.  L.  I.,  176;  Recom 
mended  to  have  prayers  read  to  them  every  morning, 
177;  Answer  to  Lord  Cornbury's  speech,  178;  Concur 
in  an  address  of  congratulation  to  Queen  Anne,  179  ; 
Called  on  to  attend  the  governor  during  the  publication 
of  an  act  of  the  Legislature,  181 ;  Required  to  pass  a 
law  for  the  qualification  of  jurors,  182;  Adjourn  to 
New  York,  183;  A  pamphlet  entitled,  The  Case  of 
William  Atwood,  Esq.,  late  Chief  Justice,  laid  before 
the,  193;  Forbidden  to  make  any  presents  to  the 
governor,  206,  207;  Present  an  address  to  the  go- 


ASSEMBLY :  —Continued. 

215;  Designate  what  tliey  consider  their  rights,  217; 
Resolve  that  it  is  inconvenient  to  allow  the  Council  to 
amend  a  money  bill,  218,  223,  229  ;  Their  chamber  to 
be  furnished  with  a  lobby,  220  ;  Allowed  to  name  their 
own  treasurer,  241;  Reiterate  their  resolution  not  to 
admit  any  amendments  by  the  Council  to  a  money  bill, 
307,  327,  331  ;  Of  opinion  that  they  cannot  sit  or  act, 
having  been  prorogued  by  a  proclamation,  dated  in  New 
Jersey,  311;  The  Council  insist  that  they  have  the 
same  right  to  amend  money  bills  as  the,  328;  Reasons 
against  the  Council's  claim  to  amend  money  bills,  329  ; 
Source  of  their  right  to  dispose  of  the  public  money, 
329  ;  The  lords  of  trade  pronounce  their  pretense  in 
regard  to  money  bills  groundless,  and  will  not  allow  it, 
330;  Sit  only  in  virtue  of  the  royal  commission  to  the 
governor,  332 ;  Desire  to  adjourn  on  account  of  the 
harvest,  340  ;  And  again,  because  it  is  seedtime,  342  ; 
To  be  permitted  from  time  to  time  to  view  and  examine 
the  public  accounts,  343  ;  Call  for  copy  of  a  represen 
tation  of  the  Council  to  the  lords  of  trade,  and  an 
extract  of  their  lordships'  letter,  350  ;  Cannot  agree  to 
a  conference  on  a  money  bill,  352;  The  governor 
declines  to  give  his  assent  to  a  bill  for  paying  the  offi 
cers  of,  367;  Called  on  to  provide  for  the  support  of 
the  government,  373  ;  Samuel  Mulford,  prosecuted  for 
printing  and  publishing  a  speech  made  by  him  in,  401 ; 
Appoints  a  committee  to  examine  the  treasurer's  accounts, 
406;  Agrees  to  a  representation  relative  to  Samuel 
Mulford.,  430  ;  Their  representation  on  certain  acts  ob 
jected  to  by  the  lords  of  trade,  433  ;  Their  declaration 
respecting  a  tax  on  trade,  435  ;  Names  of  the  members 
of,  in  1718,  436 ;  President  Schuyler  ordered  not  to 
dissolve,  451  ;  Resolve  to  vote  the  revenue  for  five 
years,  453  ;  Pass  resolutions  against  a  court  of  Chan 
cery,  and  is  dissolved  in  consequence,  562  ;  A  member 
summoned  before  a  committee  of  the  Council,  569,  and 
refusing  to  answer  is  committed,  570;  Encroachments 
on  the  prerogative  by  the,  570,  768  ;  A  bill  for  holding 
more  frequent  assemblies  brought  up ;  Vote  money 
for  repairing  the  barracks  at  New  York,  582 ;  Meet 
in  the  Bowery,  603;  Oppose  the  monopoly  aimed 
at  by  the  sugar  colonies,  605,  607 ;  Resolve  that 
it  is  more  conformable  to  the  constitution  that  the 
Council,  in  its  legislative  capacity,  act  as  a  separate 
body,  667;  Request  the  Council  to  return  the  bills 
sent  up  whilst  George  Clarke  was  president,  that  the 
proper  alterations  may  be  made  therein  in  consequence 
of  his  Honor  having  been  constituted  Lieutenant- 
Governor,  667 ;  Vote  that  the  public  moneys  should 
be  appropriated  according  as  they  direct  by  bill,  678, 
and  are  in  consequence  dissolved,  679  ;  Demands 
satisfaction  of  the  Council  for  sending  bills  to  their 
house  by  the  deputy  clerk,  687;  Vote  the  revenue  on 
certain  conditions  and  are  dissolved,  724  ;  Censured 
for  attempting  to  appropriate  the  revenue,  736 ;  Pre 
vented  meeting  by  reason  of  the  sickness  in  New  York, 
800;  Request  to  be  adjourned  in  consequence  of  the 
small  pox,  918;  Adjourned  to  Wrestchester,  918; 
Charged  with  having  published  a  remonstrance,  alleged 
to  contain  falsehoods,  1000;  Claim  the  same  privileges 
as  the  House  of  Commons,  1032;  Accused  of  assuming 
executive  powers,  1032;  Appropriate  salaries  to  offi 
cers  by  name,  1041 ;  Resolve  to  proceed  on  no  busi 
ness,  1041 ;  Declare  the  Council's  calling  for  certain 
accounts  and  vouchers  extraordinary  and  apparently 
unprecedented,  1086;  Gravely  censured  in  the  royal 
instructions  to  Sir  Danvers  Osborn,  1127 ;  Meet  at 
Flntbush,  1291 ;  Pass  resolutions  and  vote  an  address 
to  the  king  on  the  state  of  the  colony,  and  are  dissolved 
in  consequence,  1683 ;  Non-residents  incapacitated  from 
being  elected  to  the,  1706,  1707;  When  Rensselaers- 
wyck,  Schenectady  and  the  Manor  of  Livingston, 
obtained  the  right  to  elect  members,  1981. 

Certain  persons  (Judges)  Incapacitating  from  sitting  in 

Assembly  Bill  : 

Brought  up  and  read,  1731 ;  Motion  not  to  commit 
negatived  and  bill  committed,  1734  ;  Mr.  Smith  dis 
sents,  1734  ;  Amended,  passed  and  sent  for  con 
currence  to  the  Assembly,  1738  ;  Agreed  to  by  that 
House,  1739  ;  The  amendments,  1739 ;  Enacted, 
1750. 


\fficc  holders  Incligibility  to  seats  in  Assembly  Bill : 

Brought  up  and  read,  1737  ;  Committed,  1739 ;  Amen 
ded,  1743;  Passed,  and  sent  for  concurrence  to  the 
Assembly,  1744;  Mr.  Smith  dissents,  1744. 

vernor,  206,  209  ;  Accused  of  attempting  several  inno-  j  See  ADDRESSES  ;  ADJOURNMENTS;  ELECTIONS;  GENERAL 
vations,  215,  and  called  on  to  state  what  their  rights  i  ASSEMBLY;  MEMBERS;  MESSAGES;  MONEY  BILLS;  PRO- 
are,  215 ;  Not  to  meddle  with  any  of  the  public  money,  i  CLAMATIOXS  ;  SPEAKERS. 


INDEX. 


2007 


ASSESSMENTS.    ASSESSORS  : 

Asscssmrnts  Bill :      Ordered  to  be  drawn  up,  xviii. 

Assessors  Relief  Bill : 

Brought  up  and  committed,  277 ;     Amended  and  As 
sembly  acquainted,  284;     Enacted,  285. 

Assessors  and  Collectors  vacancies  supplying  Bill : 

Passed,  and  Assembly  acquainted,  288  ;      Enacted,  288. 
See  ALBANY  ;     NEW  YORK  ;     SCHENECTADY  ;    TAXATION. 

ASSIZE  :     See  NEW  YORK. 

ASSOCIATION  :  An,  to  defend  King  William  and  his  govern 
ment,  proposed  to  be  signed,  99  ;  Its  tenor,  100 ;  Signed, 
101. 

ATTORNEY-GENERAL : 

Ordered  to  draw  up  an  act  against  pirates,  xvii ;  Ordered 
to  draw  up  a  bill  for  the  introduction  of  the  English 
language,  xix ;  Ordered  to  draw  up  a  naturalization 
bill,  xix  ;  Ordered  to  draw  up  atax  bill,  xxi ;  To  draw 
up  bills,  3  ;  Mr.  Farewell  appointed,  5  ;  The  House 
of  Assembly  complain  of  the  absence  of,  7 ;  Goes  to 
Boston  without  leave,  7  ;  A  petition  against  Governor 
Dongan  referred  to,  28  ;  Petition  respecting  reverend 
Mr.  Tuschemaker's  estate  referred  to,  28  ;  Ordered  to 
draw  up  a  proclamation  for  the  currency  of  Wampum, 
30  ;  Petition  from  Kings  county  referred  to,  49  ;  Re 
port  sent  down  to  the  Assembly,  50 ;  Ordered  to 
prosecute  the  sheriffs  of  Nassau  island  for  certain 
moneys  retained  by  them,  109 ;  Adjoined  to  a  com 
mittee  to  draw  up  an  address  to  the  king,  113  ;  In 
structed  to  prosecute  Richard  Floyd  for  having  appro 
priated  a  drift  whale,  121,  123;  Ordered  to  draw  up  a 
bill  for  committing  Samuel  Burl  and  Ebenezer  Willson 
to  prison,  129  ;  Of  opinion  that  the  Council  has  judicial 
power  to  hear,  during  the  session  of  the  Legislature,  cases 
of  law  and  equity  and  to  vacate  and  reverse  decrees  and 
judgments,  134;  Ordered  to  assist  in  drawing  up  a  Bill 
to  prevent  embezzlement  of  drift  whales,  13(i,  and  to 
prepare  a  Bill  for  breaking  certain  extravagant  grants  of 
land,  137;  One  expected  from  England,  152;  His 
salary,  158 ;  Ordered  to  prosecute  certain  members  of 
Assembly,  170 ;  Ordered  to  prepare  a  Bill  for  the  effec 
tual  discovering  the  debts  of  the  government,  177; 
Prepares  a  bill  for  the  better  settling  the  militia,  181; 
Introduces  a  bill  for  the  better  discovery  of  the  debts  of 
the  government,  182 ;  Petition  of  colonel  Bayard  and 
alderman  Hutchins  referred  to,  193  ;  Introduces  a  bill 
for  the  better  discovery  of  quit-rents,  212 ;  Ordered 
to  prepare  certain  bills,  226 ;  Ordered  to  prepare  an 
Ordinance  for  establishing  fees,  300,  and  a  bill  for 
continuing  and  rendering  more  effectual  the  militia  act, 
330,  355,  also  a  bill  to  prevent  the  selling  or  giving 
rum  to  the  Indians,  357;  David  Jamison  acting,  414; 
Ordered  to  give  his  opinion  on  the  bill  to  enable 
Messrs.  Van  Home  to  sell  certain  property,  457,  and 
to  prepare  a  militia  bill,  467  ;  Lays  a  bill  before  the 
Council  accordingly,  469  ;  Ordered  to  prepare  a  bill 
for  recording  of  deeds,  494 ;  To  be  notified  of  the 
introduction  of  the  partition  act,  544  ;  To  be  served 
with  a  copy  of  the  bill  for  preventing  prosecutions  by 
information,  559  ;  His  objections  referred,  560  ;  Re 
presents  the  neglect  of  the  corporation  of  Albany  to 
comply  with  the  provisions  of  a  certain  act,  575 ; 
Ordered  to  prosecute  the  authors  of  certain  papers 
published  in  Zengor's  journal,  642;  Applies  for  a  copy 
of  a  bill  to  regulate  prosecutions  by  information,  811 ; 
heard  against  that  bill,  811 ;  Richard  Bradley  holds  the 
office,  826  ;  Heard  against  the  bill  regulating  prosecu 
tions  by  informations,  827 ;  Sole  prosecutor  for  the 
crown,  1488. 

ATTORNEYS : 

Attorneys  Retaining  Bill : 

Brought  up,  read  and  passed,  82 ;     Enacted,  84. 
Attorneys  Retaining  Act  Revival  Bill  : 

Brought  up,   136  ;     Read  and  committed  and  passed, 

137  ;     Enacted,  143. 

Attorneys  of  the  supreme  court  empowered  to  practice 
in  the  mayors  court,  926. 

ATWOOD,  WILLIAM  :  Chief  justice,  157;  Member  of  the 
Council,  158-175  ;  Case  of,  printed  and  circulated,  133. 

See  CASE. 


AUCTIONS  : 

Auctions  Regulation  Bill  : 

Amended  and  sent  for  concurrence  to  the  Assembly, 

292. 
Auctions  Regulation  Bill  : 

Brought  up  and  read,  1695  ;    Committed,  1696  ;  Passed, 
and    Assembly  acquainted,    1699 ;      Enacted,    1707. 
Amended,  i750. 
Again  enacted,  1S22. 
Continued,  1950. 

Night  Auctions  in  New  York  City  Prevention  Bill: 

Brought  up  and  read,  1888  ;  Ordered  3d  reading,  1891  ; 
Passed,  and  Assembly  acquainted,  1892;  Enacted, 
1894. 

Spirituous   Liquors  at    Vendues,  in    Orange    County,  Pre 
vent  ion  Bill : 

Brought  up  and  read,  1669  ;  Committed,  1669  ;  Passed, 
1673  ;     Assembly  acquainted,  1674  ;     Enacted,  1682. 
Amended,     and     its     provisions    extended    to    Ulster 
county,  1707. 

Spirituous  Liquors   at    Vcndues,  in   Ulster   and    Orange, 
Prevention  Bill  : 

Brought  up  and  read,  1806;  Committed,  1807;  Passed, 
1808 ;  Enacted,  1822. 

Transient  Auction  Sales  in  Richmond  County  Prevention 
Bill  .- 

Brought  up  and  read,  1453  ;  Committed,  1455  ;  Pas 
sed,  and  Assembly  acquainted,  1456 ;  Enacted,  1462  ; 
Its  provisions  extended  to  Albany,  Westchester  and 
Dutchess,  1502. 

AUDIER,  MOISE  :     Naturalized,  959. 

AUDITOR-GENERAL:      His  salary,  249;     George  Clarke   his 

deputy,  257  ;     Office  when  established,  768 ;     The  Assem 

bly  refuse  to  vote  his  salary,  768. 
AUTRE,  JR.,  JOHN  :     281. 

AXTELL,  WILLIAM  :     Member  of  the  Council,  1800-1998. 
AYES  and  NAYS : 

On  the  question  whether  the  General  Assembly  should 
be  dissolved  and  new  writs  issued,  1997. 

B. 

BACKER,  THOMAS  :     v. 
BAIL: 

Bail  Special  Regulation  Bill ; 
Brought  up,  545 ; 

Amended  and  sent  for  concurrence  to  the  Assembly, 
546;  Enacted,  581. 

See  LAW. 

BAKER,  ROGER  :    159. 
BAKER,  Widow  :   A  committee  meet  at  the  house  of,  881, 

907. 

BAKER,  Sir  WILLIAM  :  Empowered  to  receive  certain 
moneys  in  London  for  the  Colony,  1423,  1461,  1524, 
1537 ;  To  pay  for  the  statues  of  George  III.  and  William 
Pitt,  1653. 

Baker  and  Charles  Empowering  Bill  : 
Enacted,  1423,  1461,  1524,  1537. 

BALLAST : 

Ballast  casting  into  Rivers  Prevention  Act :     Passed,  xiii. 

BALLEREAIT,  JAMES  :     536. 

BALLEREAIT,  JEAN  :     Naturalized,  536. 

BALLS  TOWN  erected  into  a  district,  1991. 

BAMPEK,  LODWYCK  :     Naturalized,  1065. 

BAMPER,  MARGARET  :     Naturalized,  1065. 

BANCKER,  CHRISTOPHER  :     Order  to,  1315. 

BANCKER,  EVERT  :    Member  of  Assembly,  201,  205,  206,  210. 

BAXGEL,  ADAM  :     Naturalized,  1682. 

BANKRUPTS : 

The  Legislature  recommended  to  pass  an  act  whereby  the 
creditors  of  persons  becoming  bankrupt  in  Great  Britain 
and  having  estates  in  this  province  may  be  relieved  and 
satisfied  for  such  debts,  297. 

See  INSOLVENTS. 


2008 

BANYAR,  GOLDSBORROW  :  Deputy  Secretary,  961,  962,  1033, 
1034,  1006,  1007,  IOCS,  1094,  1095,  1096,  1097,  1098, 
1099  1108  1109,  1125,  1146,  1150,  1159,  1160,  1164, 
1167  1169  1172  1181,  1182,  1184,  1188,  1189,  1191, 
1196  1198  1200  1208,  1212,  1213,  1220,  1221,  1220, 
1231  1232  1233  1237,  1247,  1230,  1251,  1256,  1260, 
126l'  1262  1265,  1266,  1269,  1280,  1290,  1291,  1299, 
1300,'  1301  1302,  1303,  1304,  1305,  1306,  1307,  1319, 
1334  1337,  1338,  1339,  1357,  1362,  1369,  1370,  1371, 
1375  1376  1378,  1392,  1393,  1394,  1398,  1399,  1400, 
1406,  1407,  1408,  1424,  1428,  1433,  1439,  1440,  1450, 
1464  1473,  1475,  1478-1482,  1487,  1488,  1491,  1493, 
1503-1508,  1531-1533,  1543,  1549,  1561-1564,  1584, 
1586,  1597,  1614,  1615,  1620-1622,  1708,  1709,  1710, 
1752-1755,  1791-1799,  1803,  1806,  1810,  1S50-1853, 
1872,  1895-1897,  1909. 

BARBAEIE,  JOHN:  Member  of  the  Council,  224-444,  464- 
559. 

BARBAULD,  EZEKIEL  :     Naturalized,  581. 

BARCLAY,  HENRY  :     His  success  as  a  missionary,  756  ;     Re 
presentation  in  regard  to   his  glebe,   1167. 
See  APPROPRIATIONS. 

BARNESON,  CORNELIUS  :     99. 
BARRACKS  :     See  MILITARY. 
BARTON,  ROGER  :     v. 
BASTARDS : 

Bastards  Charges  Relief  Sill  : 

Brought  up  and  read,  1835  ;     Committed,  1836. 
Again  brought  up  and  read,  1926  ;     Committed,  1928  ; 
'Passed,  aud  Assembly  acquainted,   1929  ;     Enacted, 
1937. 

BATTERY,  FLOATING  :  Captain  Morke  proposes  to  construct 
a,  1172. 

BAWDY  HOUSES  :  The  Assembly  recommended  to  pass  an 
act  to  suppress  them  and  to  prevent  scandalous  women 
coming  from  the  neighboring  provinces  to  live  in  this 
colony,  225. 

BAXTER,  GERVASE  :  Member  of  the  Council,  xiv,  xvii,  xxi, 
xxii,  xxiii,  xxiv. 

BAYARD : 

Bayard  and  Hutchins  Conviction  Reversal  Bill : 
Brought    up,  read  1st   and  2d    time  and   committed, 
194;     Amended,  and  sent  for  concurrence  to  the  As 
sembly,  194 ;     Agreed  to  by  that  House,  195  ;     En 
acted,  204. 

Another  bill  with  the  same  title  introduced  and  read 
1st  time,  232  ;  Committed,  passed  and  sent  down 
for  concurrence  to  the  Assembly,  233  ;  Agreed  to 
by  that  House,  233  ;  Enacted,  234. 

Bayard  Lands  Confirmation  BUI : 

Brought  up  and  committed,  293 ;     Read  3d  time,  294. 

BAYARD,  NICHOLAS  :  Member  of  the  Council,  xviii-xxiv, 
1-115;  His  extravagant  grant  to  be  broken,  137;  His 
petition  read,  193,  232  ;  Mentioned,  1142. 

BAYARD,  SAMUEL  :  Deputy  secretary,  1938-1941,  1993-1997. 
BAYARD,  STEPHEN  :     Member  of  the  Council,  930-981. 

BAYARD,  WILLIAM  :  Member  of  the  Assembly,  1428  1434 
1444,  1440,  1450,  1452,  1458,  1471,  1474,  1476,  1487 
1489,  1495,  1512,  1515,  1521,  1530,  1546,  1552,  1556 
1558,  1575,  1578,  1590,  1004,  1606,  1607,  1609,  1611 
1626,  1635,  1647,  1649,  1650. 

BAYEUX,  THOMAS  :     407. 

BEACHES  :  An  act  passed  to  preserve  the  erass  and  timber 
on,  1356. 

See  SUFFOLK  COUNTY. 

BEACONS  :  Recommended  to  be  erected  between  New  York 
and  Sandy  Hook,  318  ;  The  guards  of,  discharged  321  • 
Ordered  continued,  333. 

See  LIGHT-HOUSE. 
BEATT,  JOHN  :     458. 
BECKER,  FREDERICK  :     Naturalized,  637. 
BECKER,  JACOB  :     Naturalized,  1751. 
BEDLOES  ISLAND.     See  OYSTER  ISLANDS. 


INDEX. 


BEEKMAN,  CATHARI.VA  :    Wife  of  Albert  Pawling,  574. 
BEEKMAX,  CORNELIA  :     Wife  of  Gilbert  Livingston,  574. 

BEEKMAN,  GERRARD  :  Elected  for  Kings  county  not  returned 
by  the  slierilf,  49  ;  Orders  on  the  petition  in  that  case, 
50  ;  Member  of  the  Council,  176-506. 

BEEKMAN,  HENRY  :  Member  of  the  Assembly,  2,  4,  14,  22, 
79,  86,  178,  194,  197,  200,  206,  229  ;  Mentioned,  424  ; 
Deceased,  574. 

BEEKMAN,  HENRY  :  Member  of  the  Assembly  for  Dutchess, 
520,  521,  565,  571,  574,  584,  595,  598,  617,  620,  633, 
634,  666,  693,  725,  758,  761,  789,  828,  860,  895,  899, 
906,  935,  940,  956,  989,  1008,  1016,  1030,  1031,  1049, 
1053,  1054,  1055,  1058,  1062,  1063,  1071,  1077,  1086, 
1117,  1121,  1132,  1139,  1142,  1169,  1171,  1172,  1174, 
1192,  1193,  1194,  1226,  1236,  1238,  1241,  1251,  1257, 
1264,  1276,  1279,  1283,  1294,  1296,  1308,  1342;  Sum 
moned  before  a  committee  of  the  Council,  569  ;  Refuses 
to  answer,  and  is  committed,  570  ;  Some  particulars  of, 
574. 


BEEKMAN,  JOHANNA  :  Widow  of  colonel  Henry  Beekman 
of  Ulster,  574. 

BEEKMAN,  TEDEUS  :     Naturalized,  448. 
BELLOMONT.     See  GOVERNOR. 
BENEDICT,  THOMAS  :     v. 

BENNETT,  JONATHAN  :  Committed  for  contempt,  127  ;  Dis 
charged,  128,  134. 

BENSON,  BENJAMIN  :  The  Governor  receives  an  address  of 
the  Council  at  the  house  of,  1101. 

BERJIUDIANS  :     Common  carriers  for  New  York,  631. 
BERTUOM,  MICHEL  ;     Naturalized,  536. 
BESLY,  THAUVET  :     His  wife  naturalized,  562. 
BETTS,  RICHARD  :     v. 

BICKLEY,  MAY  :  Attorney-General,  heard  before  the  Council 
in  favor  of  a  certain  bill,  202.  See  BRIGGS.  Against 
another  bill,  265.  See  LANDS.  Lays  before  the  Council 
draft  of  an  ordinance  regulating  fees,  301  ;  Appears 
agjiinst  the  Hurley  and  Marbletown  boundary  bill,  425, 
468 ;  Notilied  to  attend  the  committee  on  that  bill, 
497. 

BILLETING : 
Billeting  Bill  : 

Brought  up  and  read,  1274;  Committed,  1275  ;  Amen 
ded,  1276  ;  Passed  and  sent  for  concurrence  to  the 
Assembly,  1278  ;  Agreed  to  by  that  house,  1287 ; 
Amendments,  1287;  Enacted,  1289. 

Continued,  1317. 

Further  continued,  1356,  1391,  1423. 

ReiJuacted,  1502. 

Billeting  Money  Payment  Bill  : 

Brought  up  and  read,  1471 ;  Committed,  1471  ;  Passed, 
and  Assembly  acquainted,  1472 ;  Enacted,  1472. 

See  MILITARY. 

BILI.OP,   CHRISTOPHER:      Member   of  the  Assembly,  1691, 

1695,  1714,  1720,  1731,    1735,   1737,   1743,    1774,  1775, 

1777,  1781,  1787,  1806,    1815,    1821,    1825,    1830,  1831, 

1836,  1837,  1843,  1845,    1870,   1905,    1910,   1929,  1946, 
1953,  1957,  1963,  1971,   1985,    1986. 

BILLS  : 

To  be  drawn  up  by  the  attorney-general,  3  ;  A  conference 
held  with  the  House  of  Assembly  on  the  method  of 
drawing,  7  ;  The  Speaker  of  the  Assembly  draws  up, 
34;  The  clerk  ordered  to  lay  before  the  Council  a  list 
of  the  bills  sent  up  by  the  Assembly,  and  what  proceed 
ings  have  been  made  thereon,  372 ;  Matters  of  a  differ 
ent  nature  not  to  be  included  in  thesaiue,  1045  ;  "  Tack 
ing"  condemned,  1045. 

See  MONEY  BILLS. 
BILLS  OF  CREDIT  :     See  CURRENCY. 
BINDER,  GEORGE  :     Naturalized,  1751. 
BLACKALL,  (  BLACKBALL  )  ROBERT  :     50,  55,  68. 
BLADIN,  MARTIN  :     428. 
BLAGGE,  Mr.  :     569. 
BLANCHARD,  FRANCOIS  :     Naturalized,  959. 


INDEX. 


2009 


BLATHWAYT,  WILLIAM  :     Auditor-general  of  plantation  ac 
counts,  his  salary  f-om  the  province  of  Now  York,  249 
His  fees  not  paid,  258. 

BliBECKER,  JACOB  :  Indian  interpreter,  sent  to  the  Senecas, 
808 ;  Dead,  1004. 

BLEEKBE,  JOHANXES,  or  JAN  JANSEN  :  Member  of  Assembly  ; 
124,  136,  148,  162. 

BLEEKKK,  JOIIANXES  :     Sent  to  Onondaga,  124,  125,  126. 
BLEECKER,  NICHOLAS  :     Commissioner  for  Indian  affairs,  858. 

BLOCKHOUSES  :  A  line  of,  determined  to  be  built,  from  the 
boundary  of  New  England  to  the  Mohawks'  country,  924; 
A  line  of,  recommended  to  be  built  from  Machackarnak  to 
Rochester,  1233. 

BLCXT,  ANTHONY  :  Committed  for  contempt,  127 ;  Dis 
charged,  128,  134. 

Boms,  ISAAC:  Deputy  secretary,  449,  450,  462,  463,  464, 
476,  477,  478,  487,  489,  498,  507,  508,  518,  524,  537, 
538,  551,  552,  553,  573. 

BOEL,  HHNRICDS  :     Naturalized,  430. 
BOEL,  TOBIAS  :     Naturalized,  430. 


1618,  1626,  1634,  1635,  1640,  1644,  1647,  1669,  1675, 

1698,  1702,  1713,  1716,  1729,  1746,  1759,  1763,  1803, 

1815,  1829,  1838,  1843,  1861,  1866,  1880,  1914,  192], 

1934,  1948,  1958,  1973,  1977,  1978. 

BOGART,  WlLLEMPE  UYTDEN  :    428. 
BOGEKT,  HEXKY  :     665. 
BOLTING  ACT  :     Signed,  55.     See  BY-LAWS. 
BOMPAK,  JACOB  :     Naturalized,  562. 
BOMPER,  junior,  JACOB  :     Naturalized,  590. 
BOND,  Captain :     279. 
BOXDS  :     See  SPECIALTIES. 
BONNAIN,  ELIAS  :     1031 :     Naturalized,  1065. 
BONTICOW,  DANIEL  :     496,  503,  518,  53G. 
BONTICOW,  MARIANNE  :     Naturalized,  536. 
BORRELL,  MATTHIAS  :     Naturalized,  536. 
BOSCH : 

Bosch  Estate  Settling  Bill  : 

Brought  up,  read  and  committed,  465 ;  Passed,  and 
Assembly  acquainted,  466  ;  Enacted,  475. 

Boss,  JACOB  :     Naturalized,  G37. 

BOSTON : 

The  attorney-general  goes  to,  7 ;  Clogs  the  trade  of  New 
York  with  the  West  Indies,  32;  A  post  established 
between  Albany  and,  285  ;  Intelligence  communicated 
to  the  Legislature  of  a  disastrous  fire  in,  1399. 

Boston  Sufferers  Relief  Bill: 

Brought  up  and  read,  1402 ;  Committed,  1403  ;  Pas 
sed,  and  Assembly  acquainted,  1404 ;  Enacted,  1406. 

See  MASSACHUSETTS. 
BOUNDARIES : 

New  York  and  Connecticut  Boundary  Bill  : 

Brought  up,  read  and  committed,  447 ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  448 ;  Enacted, 
449  ;  Confirmed,  507. 

Connecticut  act,  for  running  the  division-line  with  New 
York,  communicated,  499;  A  joint  committee  ap 
pointed  to  consider  the  same,  503. 

The  Governor  of  Connecticut  writes  to  the  Governor  of 
New  York  about  finishing  the  line,  525. 

The  attention  of  the  Legislature  called  to  the  necessity 
of  settling  the,  554. 

NEW  YORK  AND  MASSACHUSETTS  : 

An  act  passed  by  the  Legislature  of  Massachusetts  for 
settling  the  line  between  that  Province  and  New  York, 
laid  before  the  Council,  604 ;  Proposal  for  the  set 
tlement  thereof,  732. 

252 


BOUNDARIES :  —Continued. 

Eastern  Boundaries  Examination  Bill  : 

Brought  up  and  read,  1116;    Committed,  1117;    Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  1118; 
Agreed  to  by  that  House,  1119  ;     The  amendments, 
]  119  ;     Members  of  the  Council  appointed  a  corumit- 
.      tee  under  the  bill,  1123;     Enacted,  1124. 

New  York  and  Massachusetts  Line  Settlement  Bill  : 

Brought  up  and  read,  1558  ;  Committed,  passed,  and 
Assembly  acquainted,  1559  ;  Enacted,  1560. 

New    York   and   Massachusetts    Boundary    Commissariet 
Appointment  Bill  : 

Brought  up  and  read,  1618;  Committed,  1619;  Pas 
sed  and  enacted,  1C20;  The  commissioners  fail  to 
settle  the  boundary,  1623. 

New  York  and  Massachusetts  Controversy  Settlement  Expe 
diting  Bill: 

Brought  up  and  read,  1650;  Committed  and  passed, 
1651 ;  Enacted,  1651. 

Hew    York  and  Massachusetts    Boundary    Commissioners 
Appointment  Bill: 

Brought  up  and  read,  1884 ;  Committed,  1885  ;  Pas 
sed,  1887;  Enacted,  1893. 

NEW  YORK  AND  NEW  JERSEY  : 

The  attention  of  the  Legislature  called  to  the  necessity 
of  settling  the  boundary,  555. 

New   York  and  New  Jersey  Controversy  Submission  Bill: 
Originally  introduced  as  a  bill  to  support  and  maintain 
the  Minissinck  and  Wawavanda  titles,  1180;     Title 
altered,  1180;     Enacted,  1181. 

The  settlement  of  the  New  York  and  New  Jersey  bound 
ary  recommended,  1491. 

Disputed  Lands  on  the  New   York  and  New  Jersey  Line 
Submission  Bill : 

Brought  up  and  read,  1498  ;  Passed,  and  Assembly  ac 
quainted,  1501 ;  Enacted,  1502. 

Laws  passed  for  defraying  the  expense  accruing  on  the 
settlement  of  the  New  York  and  New  Jersey  bound 
ary,  1543. 

Doubts  in  Submission  Act  Removal  Bill : 

Brought  up,  read  and  committed,  1649  ;  Passed,  1650  ; 
Assembly  acquainted,  1651 ;  Enacted,  1653. 

New  York  and  New  Jersey  Boundary  Establishment  Bill  : 
Brought  up  and  read,  1782 ;     Committed,  1783  ;     Pas 
sed,  and  Assembly  acquainted,  1785  ;     Enacted,  1789. 

Boundary  Commission  Return  Facilitating  Bill: 

Brought  up  and  read,  1870 ;  Committed,  1871 ;  Pas 
sed,  and  Assembly  acquainted,  1872 ;  Enacted,  1872. 

See  MINISSISCK. 
NEW  YORK  AND  QUKBEC  :     ' 

Governor  Moore  engaged  in  ascertaining  the  line,  1598. 
For  Local  boundary  bills,  see  under  respective  counties. 

BOWNE,   JOHN:     v;     Declared  not  qualified  to  sit  in   the 
Assembly,  1. 

Bows,  ELIZABETH  :     Naturalized,  502,  506. 

BKAAMBOS,  WILLIAM  and  WILLEMINA  :     Naturalized,  959. 

BKADDOCK,  General:      1182;      Arrives   in   America,    1189; 
Defeated,  1208. 

BKADER,  JOHN  :     Naturalized,  1751. 

BRADFORD,  WILLIAM  :     An  act  passed  empowering  him  to 
sell  John  Dewsbury's  real  estate,  234. 

A  bill  brought  up,  giving  him  the  sole  right  to  manu 
facture  paper,  512;  Which  is  committed,  513,  And 
rejected,  514. 

BRADHOUR,  NICHOLAS:     Naturalized,  1751. 
SRADISH,  (  BROADISH  )  Captain  :     128. 

SRADLEY,  RICHARD  :     620  ;     An  appropriation  to,  625  ;     At 
torney-general,  826,  827. 

BRADSTREET,    Lieutenant-Colonel :     1247 ;      Destroys   Fort 
Frontenac,  1340. 

BRADT,  ARENT:     Member  of  Assembly,  908,  914,  953, 
}RAGAR,  BRAOOON  :     168. 


2010 

BRAISE,  THOMAS  :    1122. 


INDEX. 


BRATT : 

Bratt  Enabling  Bill : 

Brought  up  and  read,  339  ;     Committed,  340. 
Again  brought  up  and  committed,  347 ;     Amended,  and 
sent  for  concurrence  to  the  Assembly,  348  ;     Enacted, 
353. 


BROOKLYN  :  —  Continued. 

Hunting  with  Fire  Arms  and  Orchard  Robbing  Prevention 
Bill  : 

Brought  up  and  read,  1550 ;  Committed,  1551 ; 
Amended,  and  sent  for  concurrence  to  the  Assem 
bly,  1554. 

Again  brought  up  and  read,  1767;     Committed,  1768. 

For  bills  relating  to  the  Ferry,  see  NEW  YOKK. 


BRATT,  ARENT  :     Member  of  Assembly,  695,  719,  741,  742,    BROOKS,  JOHN  :     Naturalized,  1708. 

BROUGHTON,  SAMSON  :     638,  639. 


780,  803,  805,  810. 

BRATT,  JOHN:     229,242;     Dead,  339. 
BRAZIER,  Mr. :     398,  422. 
BREAD  :     See  FRAUDS. 
BRETT,  Mr.  :     265. 

BREWERS : 

Brewers  Act :    Passed,  xiii. 
Beer  Brewing  Encouragement  Bill  : 
Brought  up,  read  and  committed,  151 ; 


Amended,  152; 


Passed,  and  sent  for  concurrence   to  the   Assembly, 
153  ;     Agreed  to  by  that  House,  and  enacted,  155. 

BRICKS  : 

Bricks  Assize  Bill  : 

Brought  up,  read  and  committed,  201  ;  Amended,  sent 
for  concurrence  to  the  Assembly,  and  further 
amended,  202  ;  Amendments  agreed  to,  203  ;  Enacted,. 
204. 

Bricks  Regulation  Bill  : 
Presented  by  Mr.  Axtell,  and  read,  1845. 
Again  presented  and  read,  1873  ;     Committed,  1874  ; 
Enacted,  1894. 

BRIDGES,  JOBS  :     Member  of  Council,  176-207. 

BRIGGS  : 

Briggs  Estate  Settlement  Bill  : 

Brought  up  and  read,  197  ;  Committed,  198  ;  Report, 
199  ;  Counsel  heard  against  and  in  support  of  the 
bill,  202. 

BRIMMER,  GEORGE  :  His  children  carried  off  by  French 
Indians,  1199. 

BRINKERHOFF,  DIRCK:  Member  of  Assembly,  1667,  1069, 
1687,  1688,  1691,  1701,  1703,  1759,  1763,  1767,  1779, 
1787,  1802,  1823,  1828,  1861,  1867,  1868,  1908,  1912, 
1915,  1920,  1951,  1953,  1954,  1956,  1959,  1967,  1971, 
1978. 

BRITTON,  WILLIAM  :     28. 
BROADHEAD,  Captain  :     974. 
BROADHEAD,  CHARLES  :     424,  458,  484. 
BROCKHOLST  :     See  GOVERNOR. 
BRONCE,  GEORGE  :     Naturalized,  1751. 


BBOUGHTON,  SAMPSON  SHELTON  :  Member  of  the  Council, 
176-223. 

BROWX,  JAMES  :    391.     See  DAVENPORT. 

BRUGES,  ROBERT  :     168. 

BRUNCKHORST,  JOHN  :     Naturalized,  1708. 

BRUSH,  CREAN  :  Member  of  Assembly,  1870,  1877,  1881, 
1885,  1915,  1916,  1926,  1948,  1954,  1957,  1968,  1973, 
1977. 

BRUYN,  JACOBUS  :  Member  of  Assembly,  1383,  1402,  1413, 
1415,  1416,  1451,  1454,  1470,  1601,  1605,  1606,  1626, 
1635,  1636. 

BUDD,  JOSEPH  :  Member  of  Assembly,  424,  445,  447,  449, 
453,  455. 

BURGER,  JOHANNES  :     665. 

BURIALS : 

Burials  Regulation  Act :    Passed,  xiii. 
BURNET  :     See  GOVERNORS. 

BURNING : 

A  petition  from  Long  Island  ordered  to  be  burnt,  viii. 
Newspapers  ordered  to  be  burnt  by  the  hangman,  642. 

BURNS,  GEORGE  :    A  committee  to  meet  at  the  house  of,  1113. 

BURT,  SAMUEL  :     Examined  touching  the  ship  Adventure, 
and  the  excise  on  Long  Island,  128. 
See  WILLSON. 

BURTON,  Lieutenant-Colonel :     1247. 
BURY,  JOHN  :     Naturalized,  1065. 
BUTLER,  Captain  :   Sent  to  Oswego  : 


858,1089;    His  son  ac 


BROOKE,  CHIDLEY  :     Member  of  Council,  1-87;     Collector 
of  the  revenue,  8. 

BROOKHAVEN,  142. 

BROOKLYN  :     (  BROOKLAND  :     BRCCKLYX  :  ) 

The  Assembly  requests  to  be  adjourned  to,  919  ;  The 
Council  adjourns  to,  925,  943  ;  The  Legislature  meets 
at,  926,  927,  930,  944,  1112  ;  A  bill  brought  up  to  re 
peal  the  ferry  act,  so  far  as  it  relates  to,  936  ;  The  laws 
promulgated  at,  943  ;  Petition  of  the  trustees  of,  against 
the  ferry  act,  954. 

Breuckland  and  Ferry  Road  Bill  : 

Brought  up,  read  and  committed,  465  ;     Passed,  and 
Assembly  acquainted,  466  ;     Enacted,  476. 

Gowanes  and  East  River  Ditch  Completing  Bill: 
Brought  up  and  read,  1933  ;     Petition  presented  against, 
1934;     Committed,  1935  ;     Petition  presented  in  fa 
vor  of,  1936  ;     Unacted,  1937. 


companies  him  as  interpreter,  858. 
I  BUTLER,  JOHN  :     28,  31,  32. 
j  BUVOLET,  JAQUES  GABRIEL  :     Naturalized,  581,  590. 

BYERLY,  THOMAS: 

Examination  touching  the  complaints  made  against  Mr. 
Fauconnier  by,  247,  249  ;  Votes  of  the  members  of  the 
Council  on  charges  preferred  against,  251  ;  Superseded 
as  collector  and  receiver-general,  253  ;  Further  parti 
culars  respecting,  254  ;  Ordered  to  lay  his  accounts 
before  the  Council,  270  ;  Petition  requesting  the  Council 
to  oblige  him  to  refund  certain  moneys,  271  ;  Ar 
rested,  273  ;  Member  of  the  Council,  321-461  ;  Brings 
in  a  bill  for  the  recovery  of  quit-rents,  336  ;  Urges  the 
repair  of  the  custom-house,  441. 

Compulsory  Repayment  Bill  : 

Leave  granted  to  bring  in,  271  ;  Presented,  read  twice 
and  committed,  272  ;  Amended,  and  read  third  time 
by  the  governor's  casting  vote,  273  ;  Sent  for  concur 
rence  to  the  Assembly,  273;  Mr.  Philips  dissents, 
273. 

See  DISSENTIENTS. 


BY-LAWS  : 

Unlawful  By-laws  and  Forfeitures  Annulling  Bill: 
Brought  up  and  read,  52  ;     Passed,  52;     Enacted,  55. 


Fires  near  the  Ferry  Extinguishment  Bill  : 

Brought  up  and  read,  1675  ;     Committed,  1676  ;     Pas 
sed,  and  Assembly  acquainted,  1678  ;    Enacted,  1682.  i  CAMPBELL,  DDQDALE  :     499. 


c. 

67 ;     Resettled  88  ;     Remote  from  Canada, 
CAMPBELL,  Captain  :     974,  975. 


CADARACHQUI  : 
146. 


INDEX. 


2011 


CANADA : 

Cost  of  Major  Schuyler's  expedition  to,  11 ;  An  attempt 
on  the  frontiers  from,  35  ;  Recruits  received  from 
France  in,  54 ;  Onondaga  and  Oneyda  invaded  by, 
95 ;  A  party  from,  defeated,  97 ;  Bill  to  prevent  the 
clandestine  trade  carried  on  with  the  French  of 
Canada,  &c.,  ordered  to  be  prepared,  270.  The  Legis 
lature  called  on  to  aid  the  expedition  against,  278  ; 
Another  expedition  against,  proposed,  306  ;  The  Legis 
lature  recommended  to  cooperate,  312;  Its  miscarriage 
announced  to  the  Legislature,  321  ;  Preparation  for  a 
3d  expedition,  326  ;  An  expedition  against,  authorized, 
927  ;  A  committee  of  conference  appointed  to  consider 
of  means  for  its  execution,  930  ;  Failure  of  the  expe 
dition,  946  ;  Expedition  laid  aside,  988  ;  Its  invasion 
determined  on,  1365  ;  Surrender  of  Quebec,  1379  ; 
Preparations  to  reduce  Montreal,  1394 ;  Its  complete 
conquest  announced,  1410 ;  Great  fire  at  Montreal, 
1565  ;  Case  of  the  sufterers  recommended,  1566  ;  An 
other  great  lire  at  Montreal,  1658  ;  Their  case  recom 
mended  to  the  Legislature,  1658. 

Canada  Expedition  Stores  disposing  Sill : 
Brought  up,  amended  and  sent  for  concurrence  to  the 
Assembly,  306  ;     The  Assembly   non-ooncur,  and  a 
committee  of  conference  ordered,  307. 

Commissioners  Appointment  Bill  : 

Brought  up,   passed,  and  Assembly  acquainted,  314; 
Enacted,  317. 

Surviving  Commissioners  Empowering  Bill  : 

Brought  up,  321  ;     Enacted,  322. 
Arrears  of  Canada  Expedition  Taxes  Collection  Bill  : 

Enacted,  475. 

See  TRADE  ;      MILITARY. 

CANAJOHARIE  :      The  Indians  complain  of  the   patent   of, 
1265. 

CANAL: 

An  act  passed  to  complete  a  ditch,  or  canal,  from  Gowanes 
Bay  to  the  East  river  in  Kings  county,  1937. 
See  BROOKLYN. 

CANISTAGUYUNE  (  NISTIGAONE  )  •  Deserted,  18  ;  To  be  gar 
risoned,  208  ;  The  enemy  Kill  a  number  of  cattle  at,  974. 

CAPE  BRETON : 

Garrisoned,  397;     New  York  invited  to  assist  in  the  re 
duction  of,  876,  888  ;     Report  of  the  expedition  against 
reaches  the  West  Indies,  880 ;    Exportation  of  provisions 
to  prohibited,   1137,  1196,  And  of   naval  stores,  1207 
Reduced,  1340. 

Expedition  Aid  Bill  : 

Brought  up,  read  and  committed,  891  ;     Passed,  anc 
Assembly  acquainted,  892  ;     Enacted,  893. 

CAPEREZ,  ABRAHAM  DE  :     Naturalized,  430. 

CARCAS,  ABRAHAM  :     Naturalized,  536. 

CARFBYLE,  JOHANNES  :     124,  126. 

CARIO,  MICHAEL  :     Naturalized,  590. 

CAROLINA  :   At  war  with  the  Tuscaroras,  337.    See  REVENUE 

CAROLINE,  Queen  :  Her  death  announced,  717  ;  Anaddres: 
of  condolence  ordered  to  be  prepared  thereupon,  718  ;  The 
address,  721. 


CARON,  NICHOLAS  :     Naturalized,  430. 
CARRIAGES  :     See  TAX. 

CARSIENS,  JOHANNES  LOUBENTS  :     Naturalized,  687. 
CARTER,  Mr.  :     247. 

CASE  :  Of  William  AUvood,  Esq.,  late  Chief  Justice,  prints 
and  circulated  in  New  York,  193 ;  Laid  before  th 
Assembly,  193  ;  Resolution  thereon  sent  to  the  Council 
196. 

CASKS : 

Casks  Size  Ascertaining  Bill : 
Brought  up  and  read,  201 ;     Enacted,  204. 

Bread  Casks  Regulation  Bill: 

Brought  up,  read,  and  committed,  1652 ;     Passed,  and 
enacted,  1653. 


CASKS :  —  Continued. 

Revived  and  continued,  1751. 
Amended,  1849. 

Fish  Casks  Size  Bill  : 

Brought  up  and  read,  1876  ;  Committed,  1877  ;   Passed, 
and  Assembly  acquainted,  1878  ;     Enacted,  1893. 

See  WEIGHTS  AND  MEASURES. 
ATIICART,  Lord  :    New  York  to  supply  troops,  to,  772. 

ATHERWOOD,  JOHN  :     Private  Secretary  to  Governor  Clinton, 
848,  850,  852,  858,  871,  880. 

!ATHOLICS  :       Not    allowed    to   exercise    their  manner   of 
worship,    8 ;     Orders   to   secure   priests   among   the   five 
nations,  279  ;     Letter  from  a  priest  in  Canada  respecting 
prisoners,  laid  before  the  Council,  280. 
See  JESUITS. 

;ATTSKILL  : 

Kaalskill  and  Coxhackie  Snpervisor  Election  Bill  : 

Brought  up  and  read,  425  ;  Committed,  426  ;  Passed, 
and  Assembly  acquainted,  429  ;  Enacted,  430. 

CATTLE : 

Cattle,  Cornfields  and  Fences  Act :     Passed,  xiii. 
Cattle  and  Sheep  Returning  Bill : 

Brought  up  and  read,  427  ;  Committed,  428  ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  429 ; 
Agreed  to  by  that  House,  429  ;  Enacted,  430. 

Revived,  536. 

Further  continued,  629. 

Again  enacted,  795. 

Amended,  1822. 

Rams  at  Large  Prevention  Bill  : 

Brought  up  and  read,  445  ;  Committed,  445  ;  Passed, 
and  Assembly  acquainted,  446 ;  Enacted,  448. 

Sheep  Destruction  by  Dogs  Prevention  Bill  : 
Brought  up,  read  and  committed,  597 ;     Passed,  and 

Assembly  acquainted,  598  ;     Enacted,  602. 
Reenacted,  625. 
Continued,  750. 

Sheep  Destruction  by  Dogs  Prevention  Bill: 

Brought  up  and  read,  858  ;  Committed,  859 ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  868 ; 
Agreed  to  by  that  House,  868  ;  Enacted,  874. 

Cattle  Penning  on  Hempstcad  Plains  Prevention  Bill  : 

Brought  up  and  read,  616;  Committed,  617  ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  618; 
Disagreed  to  by  that  House,  620 ;  Council  adhere, 
and  Assembly  acquainted,  620  ;  Conference  appointed, 
622 ;  Report,  622 ;  Bill  laid  on  the  table,  623. 

Again  brought  up,  read  and  committed,  628;  En 
acted,  630. 

Revived,  750,  808. 

Continued,  1065,  1724. 

Further  continued,  1423. 

Cattle  Penning  Prevention  Act  further  Continuance  Bill : 
Brought  up  and  committed,  763  ;     Ordered  third  read 
ing,  764  ;     Passed,  and  Assembly  acquainted,  766. 

Sheep  Parting  on  Hempstead  Plains  Regulation  Bill; 
Brought  up,  1634;     Read,   1635;     Committed,    1636; 
Passed,   and  Assembly  acquainted,  1638  ;     Enacted, 
1646. 
Revived,  1991. 

Sheep  Parting  in  Huntington  Regulation  Bill: 

Brought  up,   1728 ;     Read;   1729  ;     Committed,   1730  ; 

Passed,  and   Assembly   acquainted,  1732 ;     Enacted, 

1751. 
Revived,  1991. 

Sheep  Raising  Facilitating  Bill: 

Brought  up,  read  and  committed,  1907. 
Rams  Confining  Bill  : 

Brought  up  and  read,  1915  ;  Committed,  1917;  Passed, 
and  Assembly  acquainted,  1918  ;  Enacted,  1928. 

CETCHAJI,  JOHN  :     v. 

CHAMBERS,  A.  GAASBECK  :  Member  of  Assembly,  436,  453, 
454,  483,  497,  585,  588,  592,  CIS,  620,  622,  634,  652,  680, 
828,  909,  910,  938,  939,  979. 


2012 


INDEX. 


CHAMBERS,  JOHN  :     Member  of  Council,  1100-1500. 
CHAMBERS,  Mr. :     Custom-house  officer,  248. 

CHAMPANTIE,  JOHN  :  391 ;  Appointed  provincial  agent,  395  ; 
Deceased,  403.  See  AGENT. 

CHAMPERTY  :     See  CRIMES. 

CHAPLAIN  :  The  Assembly  recommended  to  have  daily 
prayers,  and  to  appoint  a,  177. 

CHARGES  :  See  COUNTIES  ;  Also,  under  the  names  of  the 
Counties. 

CHARLES  I.  :     The  Assembly  dissolved  by  the  death  of,  xiv. 

CHARLES,  ROBERT  :  Agent  for  the  colony,  1072  ;  Empow 
ered  to  receive  certain  moneys  in  London  for  the  colony, 
1423,1461,1524;  See  AGENT;  BAKER. 

CHARLOTTE  COUNTY: 

Public  Charges  Defraying,  and  County  Officers  Election' 

Bill  : 

Brought  up  and  read,  1838  ;    Committed,  1840  ;    Passed, 
and  Assembly  acquainted,  1841;     Enacted,  1849. 
See  ALBANY  ;    HIGHWAYS  ;     TRYON. 

CHARTER  OP  LIBERTIES  :     See  RIGHTS  AND  PRIVILEGES. 
CHATHAM,  Lord  :     A  statue  voted  to,  1653. 

CHEESECOCKS : 

Cheesccocks  and  Kakiate  Boundaries  Bill: 

Brought  up  and  read,  1693;  Committed,  1694;  Passed, 
and   Assembly  acquainted,  1697. 

Cheesecocks  and  Kakiate  Boundary  Expense  Defraying  Bill  : 

Brought  tip,  read  and  committed,  1821 ;     Passed,  1828  • 
Enacted,  1849. 

CHERBACKER,  JOHN  :     Naturalized,  1708. 
CHETWYND,  J :     428. 
CHIMNEY  TAX  :  See  TAXES. 

CHURCHES : 

King's  Chapel,  New  York,  pulled  down,  42;  The  King's 
letter  recommending  the  rebuilding  it,  laid  before  the 
Council  and  sent  to  the  Assembly,  65  ;  Provision  for  the 
rebuilding  of,  66  ;  Its  completion  recommended,  89  ; 
A  committee  appointed  to  consider  the  subject,  92  ;  A 
committee  of  the  Assembly  refuse  to  consider  it,  93  ; 
Chapels  building  in  the  Indian  country,  323. 

Church  of  England  New  York,  Incorporation  Bill  : 
Brought  up,  read,  212 ;     Passed,  213  ;     Enacted,  220. 
The  attorney-general  ordered  to  prepare  a  patent  grant 
ing   Queen's    farm   and   Queen's   garden  to    Trinity 
church,  New  York,  226. 

Church  of  England  Grant  in  New  York  Confirmation  Bill : 
Presented,  read,  passed,   and  sent   for  concurrence  to 
the  Assembly,  289. 

New   York  French  Protestant  Church  Enlargement  Bill  .- 
Brought  up  and  read,  190  ;   Committed,  191 ;    Enacted, 

Rye  Church  Repair  Bill  : 

Brought  up,   read  and  committed,  445 ;     Passed,  aud 
Assembly  acquainted,  446  ;     Enacted,  448. 

Reformed  Churches  Estate  Holding  Bill : 

Brought  up  and  read,  1698  ;  Committed,  1700  ;   Motion 

tor  leave  to  report  negatived.  1706 

Again  brought  up  and  read,  1734  ;      Committed,  1736  • 

Recommended  to  be  rejected,  1739  ;     Rejected    1739  • 

Message  from  the  Assembly  to  inquire  what  progress 

lias  been  made  in  the  bill,  1742 ;     Informed,  1742. 

Albany  Reformed  Protestant  Church  Estate  Holding  BUI  : 

Brought  up  and  read,  1773  ;     Committed,  1774. 
CLAESE,  GERBRANT  :     135. 

CLASSES,  LAWRENCE  :     161,357,385;     His  salary,  516. 
CLAIMS : 

Claims  Commissioners  Appointment  Bill: 
Brought  up,  read  and  committed,  346;     Passed,  and 
Assembly  acquainted,  347 ;     Enacted,  353. 


CLARENDON,  Earl :  Enters  a  caveat  against  the  bill  for  pay 
ing  the  public  debts,  382 ;  His  memorial  communicated 
to  the  Assembly,  38.-I. 

See  CORNBUHY  ;     GOVERNORS. 

CLARKE,  GEORGE  :  Deputy  auditor,  257,  258  :  Provincial 
secretary,  320 ;  Member  of  the  Council,  397-652  ;  Peti 
tions  against  the  bill  for  discharging  Colonel  Depeyster, 
late  treasurer,  475. 

See  GOVERNORS. 

CLARKE,  Major :     975. 

CLARKE,  WALTER  :     xxiv. 

CLARKSON,  DAVID  :  Member  of  Assembly,  735,  743,  758, 
763,  765,  773,  774,  789,  790,  791,  798,  803,  804,  810,  883, 
900,  919,  930,  948,  980,  1010. 

CLAHKSON,  MATHEW  :     24. 
CLAUDIS,  JEAN:  Naturalized,  518. 
CLAVERACK  : 

Acts  passed  relating  to  swine  in,  517,  571. 
CLEAR,  JOHN  :     Naturalized,  1614. 
CLEMENT,  Mr.  :     883. 
CLEEIMBAULT,  FRANCIS  :     Naturalized,  518. 

CLIMATE  :  Cannon  may  be  drawn  over  the  rivers  and  lakes 
in  winter,  102. 

CLINE,  WILLIAM  :     Naturalized,  1708.     See  KLYNE. 
CLINTON,  Hon.  GEORGE  :     See  GOVERNORS. 

CLINTON,  GEORGE  :     Member  of  Assembly,  1687   1713  1718 

1729,    1735,   1738,    1746,    1750,    1767,  1775,  1781,  1802,' 

1806,    1811,   1817,   1823,    1825,   1845,  1858,  1868,  1873 

1877,    1880,   1881,   1884,    1885,    1888,  1903,  1907,  1916 

19,18,    1920,   1926,    1949,    1951,   1956,  1963,  1971,  1972, 

CLOWES,  Mr.  :     531. 

CLOWES,  SAMUEL  :     664. 

CLUMP,  PETER  :     Naturalized,  1583. 

COACH  TAX  :     See  TAXES. 

COCK,  Mr. :  A  committee  of  conference  called  to  meet  at 
the  house  of,  383. 

COCKERII.L,  THOMAS  :     286. 
COCOA  :     See  REVENUE. 

CODRINGTON,  THOMAS  :     Member  of  Assembly,  12,  177,  203, 

208  ;     Act  passed  to  pay  his  salary,  417. 
COE,  JOHN  :     v. 

COE,  JOHN  :  Member  of  Assembly,  1956,  1960,  1973,  1978, 
1986. 

COERTEN,  HENRY  :     349,  350. 

COEYMANS,  ANDKIES:  Member  of  Assembly,  162,  163,  424, 
436,  445,  449,  453,  471,  503,  509. 

COEYMANS,  GERTRUDE  :     Naturalized,  506. 
COGIIXOT,  JOHN  EVEKHART  :     Naturalized,  1751. 

COHEN  DE  LARA,  ISAAC  :  Examined  touching  his  knowledge 
of  goods  removed  from  the  ship  Adventure,  127. 

COIN  :     See  CURRENCY. 

COLDEN,  CADWALLADER  :  Surveyor-general  makes  a  repre 
sentation  on  the  bill  for  facilitating  the  partition  of  lands 
held  in  common,  473 :  Member  of  the  Council,  479, 
et  seq ;  Moves  an  instruction  to  the  committee  on  the 
bill  for  the  easier  partition  of  lands  held  in  common, 
544;^  Proceedings  against  a  pamphlet  authorized  to  be 
published  by,  957,  958  ;  A  joint  committee  appointed 
to  inquire  into  the  contents  of  a  pamphlet,  entitled,  The 
Conduct  of  Cadwallader  Golden,  &c.,  1635  ;  Their  report, 
1641. 

See  GOVERNORS. 

COLE,  CORNELIUS  :     424. 

COLE,  EDWARD  :  Sergeant-at-arms,  179  ;  Messenger  to  the 
Council,  205. 

COLLECTORS  AND  CONSTABLES: 
Constables  Election  Act  :      Passed,  xiii. 
Collectors  and  Constables  Compulsory  Security  Bill  : 
Brought  up  and  read,  1879  ;   Committed,  1880  ;   Ordered 
3d  Reading,  1881  ;    Passed,  and  Assembly  acquainted, 
1883 ;     Enacted,  1894. 


INDEX. 


2013 


COLLEGE : 

Funds  authorized  to  be  raised  by  public  lottery  for 
founding  a,  959. 

College  Trustees  Bill: 

Brought  up  and  read,  1083  ;  Committed,  1084 ;  Amen 
ded,  1085  ;  Passed,  and  sent  for  concurrence  to  the 
Assembly,  1086  ;  Agreed  to  by  that  house,  1081) ; 
Amendments,  1086  ;  Enacted,  1093. 

The  house  of  Assembly  resolve  to  establish  a  seminary 
of  learning,  1110. 

See  LOTTERIES. 

• 

COLLIN,  DANIEL  :     Naturalized,  1652. 

COLLINS,  KDWARD  :     His  evidence  touching  certain  move 
ments  of  colonel  Roberts  at  Albany,  971,  975. 

COLON,  GEOKGE  :     Naturalized,  1751. 

COLON,  JAMES  :     Naturalized,  1751. 

COLON,  JOHN  :     Naturalized,  1005. 

COLON,  JONAS  :     Naturalized,  1751. 

COLONGE,  MAET  ELIZABETH  :     Naturalized,  1093. 

COLONIES  :     Parliamentary  grant  to,  1263. 

COMES,  RICHARD  :     529. 

COMMANDER  IN.  CHIEF  :     See  GOVERNORS. 

COMMISSION  :  To  administer  oaths  to  the  members  of  Assem 
bly,  1,  41,  49,  157,  176. 

COMMISSIONERS  : 

From  New  York,  Massachusetts  and  Connecticut,  concert 
measures  tor  an  expedition  against  Crown  Point,  983  ; 
Their  report,  984 ;  Resolution  respecting  those  from 
New  York,  995. 

Commissioners  to  receive  Money  from  Pennsylvania  Bill : 

Brought  up  and  read,  1521 ;  Passed,  and  Assembly 
acquainted,  152(i  ;  Enacted,  1530. 

See  BOUNDARIES  ;     CANADA. 

COMMITTEE  : 

Appointed  to  draw  up  an  address  to  their  Majesties  2,  21. 
To  review   and   report  the  laws,  courts   and  salaries   of 

judges,  2. 

To  prepare  a  table  of  fees,  421. 
To   settle  a  method  lor  expediting  the    business    of  the 

sessions,  7. 

To  consider  the  alfair  of  the  weigh-house,  10. 
To  examine  into  the   state   of  the   revenue,  17  ;     Their 

report,  18. 
To  expedite  the  discovery  of  the  state  of  the  debts  of  the 

government,  27  ;     Their  report,  27. 
To  ascertain  the  debts   of  the  government,  37,    And  the 

amount  of  the  revenue  and  expense  thereof,  38. 
To  state  the  account  of  the  four  companies,  their  report, 

70. 
To  communicate  to  the  Assembly  correct  information  as  to 

the  state  of  the  taxes,  71 ;     Their  report,  71. 
To  draw  up  :in  address  to  the  king,  congratulating  him  on 

his  escape  from  the  horrible  plot  and  conspiracy,  99. 
To  draw  up  an  address  to  his  Majesty,  113. 
To  prepare  a  bill  to  reconcile  parties,  114. 
Appointed  to  draw  reasons  for  prosecuting  Thomas  Wil- 

let,   John  Talman  and  William  Willet,  report  of,  1(19. 
Empowered  to  send  for  persons,  papers  and  records,  198, 

294,  298,  299,  327,  489. 
To  examine  and  compare  the  enrollment  of  certain  acts, 

489  ;     Report,  494  ;     Again  appointed,  514,  530. 
To  examine  the  late  tonnage  officer's  accounts,  518  ;     Their 

report,  520. 
To   remonstrate  against   the   Act   of  Parliament   for  the 

encouragement  of  the  Sugar  Colonies,  (i04. 
To  prepare  an  address  of  condolence  on  the  death  of  queen 

Caroline,  718. 

JOINT  : 

Appointed  to  receive  Brigadier  Gooch,  943. 
To  consider  a  message  from  the  Lieutenant-Governor,  and 
accompanying   papers   from   Governor   Shirley,    1189 ; 
Empowered  to  confer  with  Mr.  Pownal.  commissioner 
from  Massachusetts,  1190  ;     Report,  1190. 
To  inquire  into  the  contents  of  a  pamphlet  entitled  "  The 
Conduct  of  Cadwallader  Colden"  1635  ;    Report,  1641. 
See  ADDRESSES. 


[ CONFERENCES : 

On  the  method  of  drawing  bills,  7. 

On  the  disallowance  of  sundry  items  in  the  accounts  of  the 
fusileer  companies,  15. 

On  the  bill  for  raising  200  men,  their  report,  16. 

On  the  revenue  bill,  28  ;  Their  report,  29 ;  Further  pro 
ceedings  therein,  31. 

On  the  regulating  of  fees,  33. 

On  the  bill  to  call  Long  Island,  Nassau,  38. 

On  the  charge  of  the  governor's  journey  to  Albany,  &c.,  55. 

On  the  security  of  the  frontiers,  their  report,  68. 

To  communicate  correct  information  on  the  state  of  the 
taxes,  71. 

On  an  amendment  to  a  bill  for  raising  men  for  the  fron 
tiers,  90. 

To  consider  the  debts  of  the  government,  92  ;  Minute  of 
their  proceedings,  93. 

To  consider  the  propriety  of  the  governor  passing  the 
winter  at  Albany,  96  ;  Their  report,  97 

On  certain  votes  ot  the  House  of  Assembly,  97. 

On  the  resolution  of  the  Assembly  on  the  £1500  bill,  and 
minute  of  proceedings  thereof,  105. 

Oil  the  governor's  message  relating  to  the  Indians,  124. 

On  the  bill  for  preventing  abuses  by  uegroes,  132. 

On  the  revenue  bill,  133  ;     Their  report,  134. 

On  that  part  of  his  Excellency's  speech  which  relates  to 
the  building  a  fort  for  the  five  nations,  145  ;  Report, 
145. 

On  the  subject  of  the  public  accounts,  159  ;  Their  report, 
159. 

On  that  part  of  the  lieutenant-governor's  confidence  with 
the  Indians  regarding  Mr.  Livingston,  100;  Report,  161 

On  ways  and  means  to  put  the  frontier  garrisons  in  a  stat. 
of  defence,  163. 

To  prepare  an  address  to  the  Queen,  178,  292. 

On  a  pamphlet  entitled,  The  case  of  William  Atwood, 
Esq.,  late  Chief  Justice,  193. 

On  the  bill  for  taking  off  duties  on  goods  sent  up  Hudson 
river,  201. 

On  amendments  to  bill  repealing  last  clause  of  the  act  for 
quieting  late  disorders,  211. 

On  the  bill  for  raising  a  sum  sufficient  to  answer  the 
charge  of  fusileers  on  the  frontiers,  235. 

Respecting  the  regulation  of  the  coin,  262. 

On  the  bill  explaining  the  act  for  laying  out,  &c.,  high 
ways,  2C8  ;  Report  thereof  and  another  conference 
requested,  268. 

Respecting  a  fee  bill,  268. 

On  the  bill  for  the  better  settlement,  &c.,  of  lands,  270. 

On  the  expedition  against  Canada,  279. 

On  the  bill  for  detaching  487  men  out  of  this  colony, 
283. 

On  the  bill  to  prevent  the  burning  of  woods,  requested, 
303. 

On  the  subject  of  Indian  affairs,  337. 

On  Lord  Clarendon's  memorial  against  the  Trill  for  paying 
the  public  debts,  383. 

In  relation  to  the  debts  of  the  government,  requested,  414. 
i      On  the  bill  for  letting  to  farm  the  excise,  requested,  418. 

To  prepare  instructions  to  the  agent  of  the  province  to 
find  out  the  author  of  A  Memorial  of  several  aggriev- 
ances  and  oppressions,  &c.,  requested,  419  ;  Committee 
instructed  to  consider  another  paper  entitled,  Ail  Infor 
mation,  419. 

In  relation  to  Mr.  Samuel  Mulford,  427  ;  Report  of  the 
committee  amended;  427. 

To  inquire  into  concerning  the  author  and  printer  of 
certain  papers  published  in  Zenger's  Weekly  Journal, 
637  ;  Report,  642. 

See  ADDRESSES  ;     Also,  Titles  of  Bills. 

CONGRESS : 

At  Rhode  Island,  Lieutenant-Governor  Ingoldesby  about 
to  attend,  291 ;  Another  to  be  held,  326. 

CONNECTICUT  : 

Expected  to  be  annexed  to  New  York,  32  ;  Refuses  to 
allow  Governor  Fletcher  to  command  the  militia,  54 ; 
Troops  sent  to  Albany  from,  102 ;  An  agreement 
respecting  the  boundary  between  New  York  and,  con 
cluded,  103 ;  Cooperates  in  the  expedition  against 
Canada,  279  ;  British  officers  in  the  service  of,  326 ; 
An  act  passed  to  exempt  from  tonnage  duty  a  sloop 
built  in,  411 ;  Passes  an  act  for  running  the  division- 
line  between  New  York  and,  499  ;  Opposes  the  New 
York  act  for  settling  the  boundary  between  it  and  that 
province,  507;  Report  of  commissioners  from,  on  a 
projected  expedition  against  Crown  Point,  984  ;  Persons 
offer  to  serve  as  outscouts  from,  1018  ;  Raises  reinforce 
ments  for  the  Crown  Point  expedition,  1213 ;  New 


2014 


INDEX. 


CONNECTICUT:—  Continued. 

York  votes  £8000  to  pay  troops  from,  1219  ;      Resolves 
to  raise  men  for  an  attempt  on  Crown  Point,  1251. 
See  BOUNDARIES. 

CONSPIRACY  : 

Of  slaves  announced  to  the  Assembly,  and  the  means 
to  destroy  the  root  of  their  evil  suggested,  333;  Pay 
ment  demanded  for  such  slaves  as  were  executed  for 
the,  344. 

See  SLAVES. 

CONSTABLES  :     See  COLLECTORS. 

CONTEMPT  : 

Humphrey   Underbill   declared   guilty  of,   and   cited   to  I 
answer  at  the  bar  of  the  Assembly,  103  ;    Joseph  Ben-  j 
nett  and  Anthony  Blunt  committed  for,  127  ;     Samuel 
Buvt  and  Ebenezer  Willson  committed  for,  129. 

CONVICTS  : 

Attention  called  to  the  disadvantages  arising  from  too 
great  importation  of,  631. 

COOKE,  CHARLES  :    428. 

COOK,  HENRY  MICHAEL  :     Naturalized,  501,  506. 

COOK,  JOHN  GEORGE  :     Naturalized,  909. 

COOKENHEIM,  DANIEL:     Naturalized,  1592. 

COOPER,  Dr.  CHRISTIAN:     391. 

CORBET,  JOHN  :     407. 

CORBET,  MARY  :     407. 

Corbett  Property  Sale  Sill  : 

Brought  up,  read  and  committed,  407;     Passed,  and 
sent  back  to  the  Assembly,  408  ;     Enacted,  411. 

COREY,  DAVID  :     795.     See  HIGHWAYS. 

CORNBURY  : 

Cornbury  Contract  Discharging  Bill  ; 

Brought  up,  read  and  committed,  268  ;     Passed,  and 
Assembly  acquainted,  269  ;     Enacted,  270. 

See  GOVERNORS. 
CORNELISSEN,  GARRET  :     Naturalized,  536.  . 

CORNELL,  THOMAS  :  Member  of  Assembly,  74.3,  745,  747, 
763,  781,  804,  832,  857,  858,  859,  872,  895,  896,  948,  979, 
989,  997,  1050,  1051,  1073,  1077,  1080,  1168,  1172,  1190, 
1202,  1211,  1226,  1263,  1264,  1274,  1276,  1287,  1294,  1296, 
1345,  1348,  1450,  1451,  1458,  1460,  1474,  1490,  1491,  1495, 


CORNIIILL,  RICHARD  :     v. 

CORONERS  :     See  LAW  ;     N  -W  YORK. 

CORSILEUS,  WILLIAM  :     Naturalized,  656. 

CORTLAND  MANOR: 

Cortland  Manor  Charges  Defraying  Bill  : 
Brought  up  and  read,  655  ;     Committed,  656  ;     On  mo 

tion  for  a  3d  reading,  bill  laid  on  the  table,  656. 
Again  brought  up,  698  ;    Committed,  699  ;     Passed,  and 

Assembly  acquainted,  699  ;     Enacted,  712. 

Cortland  Manor  Additional  Constables  Election  Bill  ; 
Brought  up  and  read,  1258  ;     Committed,  passed,  and 
Assembly  acquainted,  1259  ;     Enacted,  1259. 

Cortland  Manor  Constables  Act  Amendment,  and  Addition 

al  Overseers  of  Highways,  Election  Bill  : 
Brought  up  and  read,  1607;     Committed,  1668  ;     Or-' 
dered  3d  reading,  1670;     Passed,  1671;     Enacted,! 
1682. 

Cortland  Manor  Constables  Mileage  Fixing  Bill  : 
Brought  up  and  read,  1823;     Committed,  1824;     Or 

dered  3d  reading,  1825  ;     Passed,  and   Assembly  ac 

quainted,  1830;     Enacted,  1835. 
Entitled  to  elect  a  member  of  Assembly,  1981. 

CORTLANDT,  PHILIP  :     Member  of  Council,  591-1015. 
COSBY,  Captain:     797,  802. 


I  COSBY,  WILLIAM  :     See  GOVERNORS. 
COSSMAN,  JOHANNES  :     Naturalized,  1093. 
j  COUNCIL : 

Members  of  the,  xi,  ct  seq.  ;  Number  of,  xvii ;  Quorum 
of,  8;  Order  a  fast  day,  12;  Advise  that  the  As 
sembly  be  dissolved,  40,  47,  75  ;  A  petition,  contest 
ing  the  right  of  Mr.  Filkin  to  a  seat  in  the  Assembly, 
presented  to,  49 ;  Their  reply  to  the  Assembly's 
answer  to  the  governor's  speech,  64  ;  Muster  rolls  laid 
before,  70  ;  Their  reasons  for  rejecting  a  bill  sent  up 
by  the  Assembly  for  the  defense  of  the  frontiers,  72 ; 
Thank  the  Assembly  for  their  address,  and  ask  that 
House  to  apply  certain  moneys  to  pay  extraordinary 
charges,  98  ;  Regulation  of  fees  vested  in  the  governor 
and,  133;  Invested  with  judicial  power  during  the 
legislative  session,  134;  Cannot  meddle  with  matters 
that  have  not  been  tried  in  the  courts  of  law  or  equity, 
135  ;  James  Graham  called  to  the,  141 ;  Meet  at 
Jamaica  (L.  I.),  176;  Propose  sundry  addresses  to  the 
Queen,  194,  195;  Counsel  heard  against  certain  bills 
before,  202,  265  ;  The  Assembly  refuse  to  admit  any 
amendment  to  a  money  bill  by  the,  218,  223,  229 ; 
The  lords  of  trade  see  no  reason  why  money  bills 
should  not  be  amended  by  the,  231 ;  Have  as  much, 
right  to  grant  money  as  the  Assembly,  242,  333 ; 
Votes  of  the  members  of,  on  charges  against  Mr.  Byerly, 
251;  Their  reasons  for  making  amendments  to  mo 
ney  bills,  328;  Answer  of  the  Assembly  to  these 
reasons,  329  ;  Not  a  distiuct  state  or  rank  of  the  people, 
but  all  commoners,  329  ;  The  Assembly  call  for  a  copy 
of  their  representation  to  the  lords  of  trade,  350 ;  Re 
ject  a  bill  sent  up  by  the  Assembly  for  the  support  of 
government,  351 ;  Mr.  Wileman,  deputy  clerk  of,  406; 
Concur  in  a  representation  in  regard  to  Samuel  Mul- 
ford,  430  ;  Declare  resolutions  of  the  Assembly  against 
a  court  of  chancery  unwarrantable,  563  ;  A  member  is 
summoned  to  attend  the  House  of  Assembly,  567 ; 
Submits  the  question  to  the  board,  and  its  opinion 
thereon,  567  ;  Representation  on  the  court  of  chancery, 
5GS ;  A  member  of  Assembly  arrested  for  refuting  to 
answer  questions  before  a  committee  of  the,  570 ;  Elects, 
for  the  first  time,  its  speaker,  662 ;  The  oldest  member 
present  to  preside,  664;  Order  respecting  the  minutes 
of  the,  667  ;  Letters  sent  to  absent  members,  requiring 
their  attendance,  676;  Pay  of  the  officers  of,  679; 
Required  to  give  satisfaction  to  the  Assembly  for  having 
sent  bills  to  that  House  by  the  deputy  clerk,  687 ;  Four 
im-mbers  a  quorum,  729 ;  Call  of  the,  ordered,  732  ; 
Three  members  empowered  to  finish  business,  745 ; 
Call  for  certain  accounts  and  vouchers  laid  before  the 
Assembly  previous  to  proceeding  with  the  bill  fin1  paying 
and  discharging  certain  demands,  1085,  And  resolve 
not  to  proceed  with  that  bill  until  said  accounts  be  fur 
nished,  1087 ;  Meet  on  board  the  ship  Dutchess  of 
Gordon,  1996. 

See  MONEY  BILLS  ;     QUORUM. 

COUNTERFEITING  :     See  CRIMES  ;     CURRENCY. 

COUNTIES  : 

Counties  and  Shires  Erection  Act :     Passed,  xii. 

Cily,   Town  and  County  Charges  Defraying  Bill  • 

Enacted,  xii. 

County  Charges  Defraying  Bill :     Enacted,  8. 
Counties  Establishing  Bill : 

Brought  up  and  read,  11  ;    Amended,  12  ;    Enacted,  13. 
County  West  of  Connecticut  River  Erection  Bill : 

Brought  up  and  read,  1607  ;     Committed,  1609. 
COUNTRY  RATES  :     See  TAXES. 

COURT-HOUSES  AND  JAILS  : 

Court-houses  and  Jails  Building  Bill : 

Brought  up  and  read,  442;     Committed,  443  ;     Passed, 
445  ;     Assembly  acquainted,  446  ;     Enacted,  448. 

Court-house  and  Jail  Building  Act  Revival  Bill  : 

Brought  up,  504;     Read,  committed,  passed,  and  As 
sembly  acquainted,  505  ;     Enacted,  506. 
See,  further,  under  the  names  of  Cities  and  Counties. 

COURTLANDT,  JACOBUS  :  Member  of  Assemblv,  4,  8.  12,  15, 
16,  17,  21,  27,  31,  37,  44,  183,  188,  206,  210,  211,  214, 
248.  See  VAN  CORTLANUT. 


INDEX. 


2015 


COURTS : 
OP  APPEALS: 

OF  ASSIZES:     What, 
judgments  of,  xiii ; 


How  composed,  1324. 


• ;     An  act  passed  for  executing  the 
Abolished,  xiii. 


COUTII.LEAU,  JACQUES  :     v. 


With  Catskill  empowered  to  elect  a  supervisor, 
CRAGGS,  Secretary 


COXHAKIE 
430. 


OF  COMMON  PLEAS  :  Inconveniences  attending,  114  ;  Ex 
tent  of  its  jurisdiction,  1323. 

OF  CHANCERY  :     Resolves  of  the  House  of  Assembly  against, 
562;     Declared  illegal,  and  a  grievance,  563;     Represen 
tation  of  the  Council  in  answer  to  the  resolves  of  the 
Assembly,  568  ;     Admitted  abuses  in,  569. 
See  GRIEVANCES. 

JUSTICES  COURTS  :     Extent  of  civil  jurisdiction,  1323. 

MAYOR'S  COURT  :     A  bill  brought  up  to  empower  it  tu  hold 
pleas  of  foreign  attachment,  385;     Supreme  court  attor 
neys  to   practice  in,  926;     Extent  of  jurisdiction,  1323; 
Empowered  to  try  causes  to  the  value  of  five  pounds.  1391. 
See  JUSTICES. 

OYER   AND   TERMINER  :     The  House  of  Assembly  xirged  to 
provide  for  the  support  of  the  judges  of,  4. 

SUPERIOR  :  The  Assembly  urged  to  provide  for  the  support 
of  the  judges  of  the,  4. 

SUPREME  :  Bill  brought  in  to  prevent  certain  oppressive 
proceedings  in,  152  ;  Samuel  Mulford  prosecuted  in,  for 
printing  a  speech  made  by  him  in  the  Assembly,  401 ; 
Extent  of  powers,  1323  ;  An  additional  judge  appointed, 
1379  ;  Suits  for  sums  not  exceeding  fifty  pounds  not  to 
be  brought  in  the,  1707. 

Courts  of  Justice  Establishment  Act :     Passed,  xii. 

An  act  passed  for  explaining  several  clauses  therein,  xii ; 
Recommended  by  Governor  Sloughter  to  the  Assem 
bly  as  a  model  for  a  new  law,  3. 

Judgments  of  former  courts  confirmed,  xiii. 

A  committee  proposed  to  review  the,  2. 

Courts  of  Judicature  Establishment  Bill4: 

Recommended  to  the  attention  of  the  Assembly,  3 ; 
Brought  up  and  read,  5;  Amended,  and  sent  for  con 
currence  to  the  Assembly,  6  ;  Agreed  to  by  that 
House,  and  enacted,  6 ;  Recommended  to  be  con 
tinued,  26. 

Again  brought  up  and  read,  29  ;  Amended,  and  sent  for 
concurrence  to  the  Assembly,  30  ;  Agreed  to  by  that 
House,  33  ;  Enacted,  34 ;  The  Assembly  called  on 
to  continue  the  act,  58. 

Courts  of  Judicature  Settlement  Sill  : 

Brought  up,  read  and  committed,  62. 
Courts  of  Judicature  Establishment  Act  Continuation  Bill  : 

Brought  up,  read  three  times,  and  enacted,  86. 

Reenacted,  108. 

The  attention  of  the  Legislature  again  called  to  the 
laws  respecting  courts,  114. 

Courts  Establishing  Bill: 

Brought  up  and  read,  125;  Governor  lays  before  the 
board  his  instructions  on  the  subject  of  erecting 
courts,  which  are  sent  to  the  Assembly,  125  ;  Com 
mitted,  128 ;  Recommitted,  130  ;  Report  adversely, 
140. 

A  town  house  recommended  to  be  built  in  New  York  for 
the  accommodation  of  the  courts,  125. 

The  Council  can  not  meddle  with  cases  not  already  de 
cided  by  the  courts,  135. 

The  governor  and  council  empowered  to  establish,  197. 

Coitrts  of  Judicature  Establishment  Bill : 
Brought  up  and  read,  362  ;     Committed,  363. 
Ordinances  prepared  for  regulating  fees  and  the  practice 

of  courts,  569. 
Complaints  of  dilatory  proceedings  and  heavy  expense 

in  obtaining  justice  in  courts,  1447. 

Forty  Shilling  Courts  Establishment  Bill: 

Brought  up  and  read,  697  ;  Committed,  698  ;  Amend 
ed,  700  ;  Sent  for  concurrence  to  the  Assembly,  701 ; 
Agreed  to  by  that  House,  701 ;  Enacted,  712. 

Mohthly  Courts  Regulation  Act :     Passed,  xv. 

Small  Causes  Courts  Bill: 

Brought  up  and  read,  191 ;  Committed  with  an  instruc 
tion,  192  ;  Report,  197  ;  Recommitted,  198. 

See  ORDINANCE  ;    LAW  ;     SMALL  CAUSES. 


451. 

CRALLER,  PETER  :     Naturalized,  637. 
CRAMER,  GEORGE  :     Naturalized,  1462. 

CRANSTON,   Governor:     A  letter  from  him  laid  before  the 
board,  331. 

CRATZER,  LEANHARD  :     Naturalized,  1682. 


Passed,  and 
Enacted,  395. 


CREGO : 

Crtgo  Land  Disposal  Bill  : 
Brought   up,    read  and   committed,  386 ; 
Assembly  acquainted,  387  ; 

CREITZ,  HAN  URY  :     Naturalized,  1751. 

CRIMES: 

Barratry,  Champerty  and  Maintenance  Punishment  Act  : 
Passed,  xiii. 

Counterfeiting  Felony  without  Benefit  of  Clergy  Bill: 
Presented  and  read,  1591 ;     Committed,  1592  ;     Passed, 
and  sent   for   concurrence   to    the  Assembly,    1593 ; 
Agreed  to  by  that  House,  1595  ;     Enacted,  1596. 

Embracery  Punishment  Bill : 
Ordered  to  be  prepared,  xix. 

False  Pretences  Punishment  Bill  : 

Brought  up  and  read,  1497  ;     Committed,  1499  ;     Pas 
sed,  and  Assembly  acquainted,  1500  ;     Enacted,  1502. 
Continued,  1559,  1724. 

Accessories  to  Felonies  and  Receivers  of  Stolen  Goods  Pun 
ishment  and  Willful  Destruction  of  Ships  Prevention 
Bill  .• 

Brought  up  and  read,  1833  ;  Committed,  1834  ;  Pas 
sed,  and  Assembly  acquainted,  1836. 

Accessories  to  Felonies  and  Receivers  of  Stolen  Goods  Pun 
ishment  Bill  : 

Brought  up  and  read,  1858  ;  Committed,  1859  ;  Pas 
sed,  and  Assembly  acquainted,  1860 ;  Enacted,  1894. 

Forgery  and  Deceit  Prevention  Act :     Passed,  xiii. 

Offenses  under  Grand  Larceny  in  several  Counties  Speedy 

Punishment  Bill  : 

Brought  up  and  read,  616 ;  Committed,  618 ;  Passed, 
and  Assembly  acquainted,  619  ;  Enacted,  625. 

Offenses  under  Grand  Larceny  in  the   City  of  New   York 

Speedy  Punishment  Bill  : 
Brought  up  and  read,  621 ;     Committed,  622  ;     Passed, 

and  Assembly  acquainted,  623  ;     Enacted,  625. 
Revived,  673. 

Offenses  under  Felony  Speedy  Punishment  Bill : 
Brought   up,    640;     Committed,   641;     Motion  for   3d 
reading  negatived,  641  ;     Bill  rejected,  641. 

Offenses  under  Grand  Larceny  in  several  Counties  Speedy 

Punifhment  Act  Revival  Bill  : 

Brought  up  and  read,  669  ;  Committed,  670 ;  Amend 
ed  and  read  3d  time,  671  ;  Passed,  and  sent  for  con 
currence  to  the  Assembly,  672  ;  Agreed  to  by  that 
House,  672  ;  Amendment  affixed,  673  ;  Enacted,  674. 

Offenses   under  Grand  Larceny  Speedy  Punishment  Bill : 
Brought  up  and  read,  851 ;     Amended,  853  ;     Passed, 
and    sent   for   concurrence   to    the   Assembly,    854 ; 
Agreed  to  by  that  House,  856  ;     Enacted,  857. 
Amended,  1927. 

Offenses  under  Grand  Larceny  in  the  City  and  County  of 
New  York  Speedy  Punishment  Bill : 

Brought  up  and  read,  851 ;  Amended,  853  ;  Passed, 
and  sent  for  concurrence  to  the  Assembly,  854; 
Agreed  to  by  that  House,  855  ;  Enacted,  857. 

Grand  and  Petit  Larceny  Ascertaining  Bill  : 

Brought  up  and  read,  1592;  Committed,  1593;  Pas 
sed,  and  Assembly  acquainted,  1595. 


201G 


INDEX. 


CRIMES  :  —  Continued. 

Petty  Offenders  Speedy  Trial  Sill  : 

Presented  by  Mr.  Smith,  and  read,  1637;  Committed 
1640;  I'asst-d,  and  sent  for  concurrence  to  the  As 
sembly,  1640  ;  Amended  by  that  House,  and  agree< 
to  by  the  Council,  1642  ;  Assembly  acquainted,  1643 
Enacted,  1645. 

Treason  Trials  Regulation  Bill  : 

Brought  up  and  read,  1833  ;     Committed,  1835  ;     Pas 
sed,  and  Assembly  acquainted,  1837. 
See  CURRENCY  ;     HORSES. 

CRIMINAL  ARRESTS:     See  WARRANTS. 

CROLGES,  WILLIAM  :     Naturalized,  536. 

CROM,  (Ciiow,)  FLORDS  :     Member  of  Assembly,  190,  206. 

CROM,  HAHMANUS  :    4D7. 

CROWS  :    The  Assembly  dissolved  by  demise  of  the,  xiv. 

CROWN  POINT  : 

A  party  sent  to,  97;  A  fort  recommended  to  be  built  at, 
849  ;  Two  forts  to  be  built  in  the  direction  of,  963 ; 
Report  of  commissioners  on  measures  to  be  adopted  for 
an  expedition  against,  984 ;  Acts  passed  to  provide  for 
an  expedition  against,  1195,  1207,  1219,  1255  ;  The 
French  driven  from,  1379. 

CRUGER,  HENRY:  Member  of  Assembly,  89G,  906,  910, 
919,  921,  930,  938,  948,  949,  1008,  1009,  1026,  1071,  1072, 
1073, 1076,  1078,  1079,  1080,  1082,  1083,  1103,  1115,  1118, 
1120, 1122, 1132,  1134,  1142,  1150,  1157,  1104,  1170,  1173, 
1174,  1190,  1227,  1238,  1240,  1257,  1263,  1274,  1275,  1276, 
1285, 1287,  1308, 1316, 1325,  1330,  1331,  1335, 1343,  1348  ; 
Member  of  Council,  1022-1887. 

CRCGER,  JOHN  :  Order  to,  1315  ;  Member  of  Assembly, 
1372, 1382, 1390,  1395,  1402, 1405,  1415,  1418,  1428,  1435, 
1443,  1450, 1452,  1469, 1474,  1476,  1487,  1515,  1520,  1536, 
1541,  1546, 1556, 1568,  1590,  1593,  1G01,  1608,  1609,  1624, 
1625,  1635,  1636,  1647,  1649  ;  Elected  speaker,  1685;  To 
receive  certain  moneys  from  Pennsylvania,  1530. 
See  SPEAKER. 

CRUGER,  JOHN  HARRIS:  Member  of  Council,  1897-1998. 
CUER,  JOHN  :     604. 
CUMBERLAND  COUNTY: 

Cumberland  County  Erccticn  Bill: 

Brought  up  and  read,  1594  ;     Committed,  passed  and 
Assembly  acquainted,  1595  ;     Enacted,  1596. 

Constables  Election  Bill  : 

Brought  up  and  read,  1608  ;  Committed,  1609  ;   Passed, 
and  Assembly  acquainted,  1610  ;     Enacted,  1613. 

Cumberland  and  Gloucester  Boundaries  Ascertaining  Bill : 
Brought  up  and  read,  1830  ;  Committed,  1841 ;  Passed, 
and  Assembly  acquainted,  1841 ;     Enacted,  1849. 

Court  House  and  Jail  Erection,  Court  Terms  Alteration, 

and  County  Officers  Election  Bill : 
Brought  up  and  read,  1838  ;  Committed,  1840  ;  Passed, 
and  Assembly  acquainted,  1846  ;     Enacted,  1849. 

Court  House  and  Jail  Finishimj  Bill  : 

Brought  up  and  read,  1877;  Committed,  1878;  Passed, 
and  Assembly  acquainted,  1879  ;     Enacted,  1894. 

County  Charges  Bill :     Enacted,  1928. 

See  ALBANY;     FAIRS;     HIGHWAYS. 
CURRENCY :     BILLS  OF  CREDIT 
£5,000  Bill  : 

Brought  up,  read  and  committed,  284 ;     Passed,  and 
Assembly  acquainted,  284 ;     Enacted,  284. 

£4,000  Bill  : 

Brought  up,  read  and  committed,  291 ;     Passed,   and 
Assembly  acquainted,  292. 

10,000  Ounces  of  Plate,  or  14,545  Lyon  Dollars  Bill: 
Brought   up,  read   and  committed,  293  ;     Passed,  and 
Assembly  acquainted,  294;     Enacted,  295. 

Canada  Expedition  Bills,  Issuing  jlill : 
Brought  up  and  passed,  294 ;     En  cted,  295. 


CURRENCY  :     BILLS  OF  CREDIT  —  Continued. 
Retrenchment  Bill  : 

Brought  up,  passed  and  Assembly  acquainted,  308; 
Enacted,  309. 

25,000  Ounces  of  Plate  Bill  : 

Brought  up,  committed  and  passed,  316  ;  Enacted, 
317. 

£27,680  (or  First  Long)  Bill :     Enacted,  380. 
Revived  and  continued,  656,  740. 

(£6,000   or)    Government  Support   Bill :     Enacted,   390. 

37,600  Ounces  of  Plate  Bill  : 

Brought  up  and  read,  419  ;  Committed,  420;  Amended 
and  sent  for  concurrence  to  the  Assembly,  421 ;  A 
member  dissents  to,  421 ;  Assembly  agree  to  some 
and  disagree  to  other  of  the  amendments,  and  Council 
adhere,  421 ;  Assembly  insist  and  a  committee  of 
conference  requested,  422 ;  Agreed  to  and  bill  en 
titled  :  — 

41.517J  Ounces  of  Plate  (or  Second  Long)  Bill  : 
Enacted,  422. 
Continued,  740. 

Bills  of  Credit  counterfeited,  440  ;  Measures  recommended 
to  prevent  the  counterfeiting,  440. 

3,000  Ounces  of  Plate  Continuing  Bill  : 

Brought  up,  passed,  and  Assembly  acquainted,  483  : 
Enacted,  486. 

3,000  Ounces  of  Plate  Canceling  Bill  : 

Brought  up  and  read,  490  ;  Committed,  491 ;  Passed, 
and  Assembly  acquainted,  492  ;  Enacted,  495. 

6,000  Ounces  of  Plate  Bill :     Enacted,  461. 
Further  continued,  476. 

5,000  Ounces  of  Plate,  or  Five  Years  Support  of  Govern 
ment  Bill  : 

Enacted,  461. 

Continued,  523. 

Further  continued,  536,  571,  590,  599. 

5,350  Ounces  of  Plate  Bill .-    Enacted,  506. 
£6,630  Bill: 

Brought  up,  511  ;  Committed,  512  ;  Reported,  512  ; 
Passed,  and  Assembly  acquainted,  512  ;  Enacted,  517. 

Exchange  Bill : 

Brought  up  and  read,  514;  Committed,  515  ;  Report, 
515  ;  Passed,  and  Assembly  acquainted,  516  ;  Enacted, 
517. 

£3,000  Bill: 

Brought  up  and  read,  545  ;  Committed,  546  ;  Passed, 
and  Assembly  acquainted,  547 ;  Enacted,  550. 

£3,000  Exchanging  Bill: 

Brought  up  and  read,  595  ;  Committed,  596 ;  Passed, 
and  Assembly  acquainted,  596  ;  Enacted,  599. 

Canceling  Bill :     Enacted,  625. 
£12,000  Bill  : 

Brought  up  and  read,  647  ;  Amended,  and  sent  for  con 
currence  to  the  Assembly,  648  ;  Disagreed  to  by  the 
House,  and  Council  recede,  649 ;  Address  to  the 
governor  requesting  him  to  assent  to  the  bill,  649  ; 
Enacted,  650. 

Bills   of  Credit  Emission  (for  Payment  of  public  debt) 
Bill  : 

Brought  up  and  read,    708 ;      Passed,   and  Assembly 

acquainted,  709  ;     Enacted,  712. 
Prolonged,  837. 
Prolonging  act  explained,  857. 
Further  prolonged,  1065. 

Emission  Act  further  Continuation  Bill  : 

Brought  up  and  read,  1210. 

Again  brought  up,  1274 ;  Committed,  1275  ;  Passed, 
and  a  representation  to  his  Excellency  showing  its 
necessity,  resolved  on,  1286  ;  The  Assembly  invited 
to  join,  1286  ;  The  representation,  1288  ;  "Enacted, 
1289. 

Acts  passed  continuing  the  currency  of  Bills  of  Credit 
and  providing  for  their  exchange,  741,  1124. 


INDEX. 


2017 


CURRENCY :    BILLS  OP  CREDIT  —  Continued. 
Canceling  Bill  : 

Brought  up,  read  and  committed,  763  ;  Ordered  3d 
reading,  764  ;  Passed,  765  ;  Assembly  acquainted, 
766 ;  Enacted,  766. 

£10,000  Bill  : 

Brought  up  and  read,  909 ;  Committed,  910 ;  Con 
ference  requested,  914  ;  Conference  declined  by  the 
Assembly  being  a  money  bill,  915  ;  Council's  reasons 
for  rejecting  the  bill  ordered  to  be  prepared  and  pub 
lished,  915  ;  Reasons,  916. 

£13,000  (or  Fortification)  Bill :     Enacted,  926. 
£40,000  (for  Canada  Expedition)  Bill :    Enacted,  943. 
£28,000  Bill:    Enacted,  999. 
More  effectual  Canceling  Bill  : 
Brought  up  and  read,  948  ;     Committed,  949  ;    Passed, 

and  Assembly  acquainted,  950. 
Again  brought  up  and  read,  980. 

Again  brought  up  and  read  989 ;     Committed,  990 ; 
Ordered  3d  reading,  991  ;    Passed,  993  ;    Mr.  Colden 
dissents,  993  ;     Assembly  acquainted,  994. 
Again   brought   up,   1009 ;     Read,  1010 ;     Committed, 
1011;     Ordered  3d  reading,  1012 ;     Passed,  and  As 
sembly  a«quainted,  1013  ;     Enacted,  1015. 
Act  amended;  1123. 

£45,000  Bill:  Enacted,  1187. 
£10,000  Bill :  Enacted,  1195. 
Bills  of  Credit  Currency  further  Continuation  Bill : 

Brought  up  and  read,  1226  ;     Committed,  1227. 
Counterfeiting  Bills  of  Credit  Suppression  Bill : 

Brought  up  and  read,  1264;  Committed,  1265  ;  Passed, 
and  Assembly  acquainted,  1268  ;  Enacted,  1269. 

£100,000  (For  invasion  of  Canada,)  Bill :    Enacted,  1368. 
£150,000  (Amherst  Loan,)  Bill:    Enacted,  1374. 

£60,000  (For  expedition  against  Montreal,)  Bill:  Enacted, 
1398. 

£59,250  Canceling  Bill:     Enacted,  1560. 

Counterfeiting  bills   of  credit  declared  felony,   without 

benefit  of  clergy,  1596. 
HVfal  instruction,  precluding  the  governor  from  giving 

his  assent  to  any  act  issuing  bills  of  credit  in  lieu  of 

money,  revoked,  1098. 

£120,000  Bill  : 
Brought  up  and  read,  1695;   Committed,  1096  ;    Passed, 

17U4. 
Again  brought  up  and  read,  1724;     Committed,  1725; 

Passed,   and  Assembly  acquainted,   1726;     Enacted, 

1728. 

Forty  Shilling  Bill :     See  SMALL  CAUSES. 
£120,000  Bill: 

Brought  up  and  read,  1766  ;     Committed,  1767 ;     Or 
dered  3d    reading,    1769 ;     Passed,    and   Assembly 
acquainted,  1770;     Enacted,  1789. 
Amended,  1992. 

Calling  in  and  Canceling  Bill  : 

Brought  up  and  read,  1880;  Committed,  1881 ;  Passed, 
1885  ;  Assembly  acquainted,  1886. 

Depreciation  Preventing  Bill: 

Presented  by  Mr.  Wallace,  and  read,  1921 ;  Committed, 
1922;  Amended,  1923;  Passed,  and  sent  for  con 
currence  to  the  Assembly,  1924 ;  Agreed  to  by  that 
House,  and  enacted,  1927. 

COIN: 

Foreign  Coin  Counterfeiting  and  Clipping  Prevention  Pill  : 
Brought  up,  read  and  committed,  188;  Enacted,  189. 
Subject  again  recommended  to  the  Legislature,  225 ; 

Conference  thereon,  262. 
Act  revived,  267  ;     A  clause,  thereof,  repealed,  303. 

Current  Coin  Regulation  Bill : 

Brought  up,  read  and  committed,  264 ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  206  ;  Agreed 
to  by  that  House,  and  enacted,  267;  An  address 
voted  to  her  Majesty  to  approve  this  act,  269,  270. 

The  Legislature  recommended  to  prevent  the  exporta 
tion  of  gold  and  silver  coin,  276. 


CURRENCY :     COIN  —  Continued. 

Gold  and  Silver  Exportation  Prevention  Bill: 
Brought  up  and  committed,  277  ;     Amended,  and  sent 
for  concurrence  to  the  Assembly,  288  ;     Enacted,  289. 

Lyon  Dollars  Value  Ascertaining  Bill : 
Brought  up,  read  and  rejected,  448. 

Lyon  Dollars  Value  Appointment  Bill: 
Brought  up,  read,  passed,  and  Assembly  acquainted, 
454. 

Copper  Coin  Importation  Prevention  Bill : 
Brought  up,   read  and  committed,   700 ;     Ordered  3d 
reading,  700 ;     Enacted,  712. 

Gold  or  Silver  Counterfeiting  Felony  Bill: 
Brought  up,  read  and  committed,  901  ;     Passed,  902 ; 
Assembly  acquainted,  903  ;     Enacted,  904. 

Counterfeit  Halfpence  and  Farthings  Importation  Preven 
tion  Bill  : 

Brought  up  and  read,  1132  ;  Committed,  1133  ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  1136 ; 
Agreed  to  by  that  House,  1139  ;  Amendments,  1139  ; 
Enacted,  1145. 

Gold  and  Silver  Legal  Tender  Bill  : 
Brought  up  and  read,  1703  ;    Committed,  1704  ;   Passed, 

and  Assembly  acquainted,  1705. 
Again  brought  up  and  read,  1735  ;  Committed,  1736. 

Counterfeit  Money  Introduction  Remedy  Bill : 

Brought  up  and  read,  1881 ;  Committed,  1883;  Passed, 
1890  ;  Assembly  acquainted,  1892 ;  Enacted,  1893. 

CUSTOMS : 

Act  passed  to  indemnify  the  collector  of  customs,  9. 
Thomas  Weaver,  collector  of  customs,  174. 
Examination  of  the  officers  of  the  customs,  247. 
See  REVENUE  ;     WEIGH-HOUSE. 

CUTLER,  ABRAHAM  :     Commissioner  of  Indian  affairs,  858. 

CUYLER,  CORNELIUS:  Commissioner  of  Indian  affairs,  858; 
Summoned  before  the  Council,  974 ;  His  evidence  in 
regard  to  Colonel  Robert's  movements  at  Albany,  976. 

CUTLER,  JACOBUS  :     Member  of  Assembly,  533. 

CUTLER  JOHANNES  :  Member  of  Assembly,  233,  251,  297, 
327,  328,  349,  415,  425,  436,  441,  449,  453,  471,  474,  482, 
493,  502,  514. 

CUTLER,  Juu.,  JOHANNES  :     643. 

CUTLER,  JOHN  :  Ordered  to  sell  provisions  in  his  hands, 
1212. 

Cuyler  Obligation  Discharging  Bill  : 
Brought  up,  read  and  committed,  634;     Passed,  and 
Assembly  acquainted,  635  ;     Enacted,  637. 

CUTPER,  (CUTLER,  CUPPER,)  CORNELIUS  :  Member  of  Assem 
bly,  436,  449,  453,  475,  483. 


D. 

DANCING : 

Dancing  Masters  Licensing  Bill : 

Brought  up,  read  and  committed,  911. 

DARTMOUTH,  Earl :  A  letter  communicated  to  tlie  Council 
from,  306  ;  Copy  sent  to  the  Assembly,  307 ;  His  letter 
to  Governor  Hunter  on  the  subject  of  military  stores,  333. 

DAVENPORT : 

Davenport  Conveyance  Annulling  Bill  : 

Brought  up,  read  and  committed,  391 ;  Reported 
against,  and  laid  on  the  table,  393. 

Again  brought  up  and  read,  413 ;  Committed,  414 ; 
Report,  417  ;  Laid  on  the  table,  418  ;  Recommitted, 
424,  426 ;  Report,  444  ;  Petition  to  recommit  pre 
sented,  444;  Recommitted,  444;  Petition  with 
drawn,  bill  passed,  and  Assembly  acquainted,  447; 
Enacted,  448. 

DAVIES,  Mrs. :  A  committee  of  conference  meet  at  tb.9 
house  of,  145. 


2018 


INDEX. 


DAVIS,  ISABELLA  :    456. 
DAVIS,  Mr.  :    Collector  of  customs,  342. 
DAVIS,  EICHAKD  :    247. 

DAVIS,  WILLIAM  :    Clerk  and  searcher  of    customs,  247, 
248,  253,  254. 
Davis  Enabling  Sill : 

Brought  up,   read  and  committed,  456 ;     Passed,  and 
Assembly  acquainted,  457 ;     Enacted,  461. 

DEBT: 

Imprisonment  for  debt.    See  INSOLVENTS. 

DEBT,  PUBLIC  :     In  1692,  18,  26,  27  ;     Origin  of,  434. 
Government  Debts  Discovery  Bill  : 
Ordered  to  be  prepared,  177  ;     Presented,  182. 

See  APPROPRIATIONS. 

DE  COSTA,  DANIEL  NUNES  :    Naturalized,  562. 
DKDEBICK,  WILLIAM  :    1693. 

DEEDS : 
Frauds  in  Conveyancing  Prevention  Act :    Passed,  xii. 

Deeds  Registration  Bill: 
Attorney-general  ordered  to  prepare,  494  ;     Presented, 


read  and  committed,  497. 

Deeds  more  easy  Acknowledgment  Bill : 
Brought  up,  read  and  committed,  566  ; 


Amendments, 


Assembly,  574 ;  That  House  agrees  to  some  and 
disagrees  to  others,  583  ;  Recommitted,  583  ;  Council 
adhere  and  a  conference  requested,  584  ;  Appointed, 
584  ;  A  free  conference  requested,  585  ;  Agreed  to 
and  Council  adhere,  586. 

Certified  Copies  Legal  Evidence  Bill  : 
Brought  up  and  read,  1702  ;     Committed,  1704. 

Conveyances  Confirmation  and  Deeds  Proving  Bill  : 
Originally  entitled,  bill  for  the  better  confirmation  of 
the  estates  of  persons  holding  under  femmos  coverts, 
brought  up  and  read,  1767  ;      Title  amended,  1786  ; 
Enacted,  1789. 
Amended,  1894. 

Deeds  and  Mortgages  more  convenient  Proving  Bill  : 
Brought  up  and  read,  1971;    Committed,  1972  ;  Passed, 
1975  ;     Assembly  acquainted,  1976  ;     Enacted,  1991. 

Kip  Deed  Bill :    Enacted,  1992. 

See  LIMITATION. 
DEER: 

Deer  Preservation  Bill  : 

Brought  up  and  read,  228  ;  Passed,  229  ;  Enacted, 
234. 

Deer  Preservation  and  Wolves,  Wild  Cats  and  other  Vermin 
Destruction  Sill  : 

Brought  up  and  passed,  250;     Assembly  acquainted, 

251;     Enacted,  263. 
Bill  for  repealing  part  of  a  clause  in  the  last  mentioned 

act,  brought  up  and  committed,  352. 
Again  brought  up,  read  and  committed,  358  ;     Passed, 

and  Assembly  acquainted,  353  ;     Enacted,  361. 
Amended,  1849. 

Deer  Preservation  Bill  : 

Brought  up,  read  and  committed,  358 ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  302;  Disagreed 
to  by  that  House,  365. 

Deer  Preservation  Act  Revival  Bill  : 

Brought  up,  read  and  committed,  399 ;  Passed,  and 
Assembly  acquainted,  400  ;  Enacted,  400. 

Deer  on  Nassau  Island  Preservation  Bill  : 

Brought  up  and  read,  532  ;  Committed,  533  ;  Passed 
and  Assembly  acquainted,  534 ;  Enacted,  537. 

Dter  Preservation  and  Wild  Cats  Destruction  in  Suffolk 
County  Bill  : 

Brought  up  and  read,  746;     Ordered  3d  reading,  747; 
1    and  Assembly  acquainted,  749  ;      Enacted, 


DEER :  —  Continued. 

Deer-killing  out  of  Season  Prevention  Bill  : 

Brought  up  and  read,  782 ;  Committed,  783  ;  Ordered 
3d  reading,  784 ;  Passed,  785  ;  Assembly  acquainted, 
787;  Enacted,  795. 

Deer-killing  Prevention  Bill : 

Brought  up  and  read,  1055  ;  Committed,  1058  ;  Ordered 
3d  reading,  1059  ;  Passed,  1060  ;  Enacted,  1065. 

Deer-killing   and   Firing  the   Woods  more  effectual  Pre 
vention  Bill  : 

Brought  up  and  read,  1351 ;  Committed,  1352 ;  Passed, 

and  Assembly  acquainted,  1352  ;     Enacted,  1356. 
Amended,  1707. 
Amended  so  far  as  relates  to  Suffolk  and  Queens,  1750. 

Deer  Pits  in  Queens  and  Suffolk  Prevention  Bill  : 
Brought  up  and  read,  1497;  Committed,  1499  ;  Passed, 

and  Assembly  acquainted,  1501  ;     Enacted,  1502. 
Revived,  1724/1991. 

Deer-killing   by    Blood-hounds   and    Beagles    Prevention 

Bill  : 
Brought  up  and  read,  1634;  Committed,  1636;  Passed, 

1638 ;     Enacted,  1646. 
Amended,  1707. 
Revived,  1894. 

DEEBFIELD  :     Cut  off,  208. 

DEFENCE  :     See  PUBLIC  DEFENCE. 

DEFERENTIAL  DUTIES  :     Origin  in  New  York  of,  434,  435. 

DEGEAAF,  JOHANNIS  ;     Naturalized,  1583. 

DEGRAEW,  GEBBIT  :     Obtains  the  sole  right  to  the  fishery 
of  porpoises  for  seven  years,  380. 

DEJONCOUET,  Mr. 

920. 


A  committee  to  meet  at  the  house  of, 
,  Colonel :     Transmits  news  of  Indian  murders,  1226, 


1232 

•:KEY,  JACOBUS 
THOMAS 
DELAGE,  PETER 

DELANCEY,  JAJIES  :      Member  of  Council,  585-636  ; 
Justice,  637 ;    Speaker  of  the  Council,  662  ; 
office,  663. 

See  ADDRESSES;  GOVERNORS. 


His  widow  naturalized,  501,  506. 
78,  90. 
Naturalized,  536. 


hief 


%Chie 
Resigns  that 


DELANCEY,  JAIIES  :  Member  of  Assembly,  1661,  1063,  1667, 
1675, 1687,  1692, 1703,  1704,  1717,  1736,  1738,  1743, 1746, 
1767, 1774,  1777,  1787,  1803,  1807,  1823,  1833,  1843,  1844, 
1858,  1860, 1861,  1867, 1874,  1903,  1908,  1910,  1913,  1915, 
1917, 1923, 1948, 1953, 1963, 1971,  1973,  1977,  1979. 

DELANCEY,  JOHN  :  Member  of  Assembly,  1672,  1675,  1676, 
1721,  1722,  1730,  1736,  1759,  1763,  1767. 

DELANCEY,  OLIVER  :  Member  of  Assembly,  1284,  1287, 
1288, 1309, 1318, 1342,  1343,  1348,  1361,  1365,  1368,  1381, 
1383,  1388  ;  Ordered  to  lay  before  the  Council  the  muster 
rolls,  and  an  account  of  all  moneys  expended  by  him  for 
the  use  of  the  provincial  forces,  1315 ;  Member  of  the 
Council,  1425-1998. 

DELANCEY,  PETER  :     Member  of  Assembly,  1102, 1491,  1512. 

DELANCEY,  STEPHEN  :  Member  of  Assembly,  190,  193,  200, 
206,  207,  222,  233,  541,  584,  592,  617. 

DELANGLOISERIE,  LEWIS  II.  PIOT  :  Obtains  an  exclusive 
right  to  the  fishery  of  porpoises  for  ten  years,  536. 

DELAXOY,  PETEE  :     Member  of  Assembly,  60,  64,  68,  75,  76. 

DELLIUS,  Rev.  GODFREY  :  Order  respecting  his  extravagant 
grants,  137 ;  Suspended  from  the  exercise  of  his  Minis 
terial  functions,  141. 

DE  MYBE,  Colonel :     279. 

DEMYRE,  WILLIAM  :  Member  of  Assembly,  7,  11,  16,  17, 
21,  22,  93,  99. 

DENTON,  DANIEL  :     v. 

DENOYELLES,  JOHN  :  Member  of  Assembly,  1694,  1701, 
1713,  1724,  1730,  1731,  1734,  1735,  1736,  1738,  1742, 
1746,  1750,  1767,  1782,  1783,  1803,  1821,  1823,  1825, 
1830,  1831,  1835,  1837,  1838,  1858,  1866,  1870,  1880, 
1884,  1915,  1920,  1926,  1931,  1933. 


INDEX. 


2019 


DE  PEYSTER : 

DEPEYSTER,  ABRAHAM  :  Member  of  tho  Council,  117-175, 
296-461. 

DEPEYSTER,  ABRAHAM  :  An  act  passed  directing  his  execu 
tors  to  pay  over  all  public  moneys  in  their  hands  to  the 
treasurer,  J  651 ;  His  estate  vested  in  trustees,  1653.  (See 
Depcystcr  Trustees  Bill.) 

DEPEYSTER,  CATHERINE  :     Naturalized,  506. 
DEPEYSTER,  CORNELIUS  :     738. 

DE  PEYSTER,  FREDERICK  :  An  act  passed  directing  him  to 
deliver  to  the  treasurer  all  public  moneys  in  his  hands, 
1651. 

DE  PEYSTER,  JAMES  :     See  INSOLVENTS. 

DEPEYSTER,  JOHANNES  :  Member  of  Assembly,  124,  127, 
132,  134,  139,  162,  167 ;  Dead,  321. 

DE  PEYSTER,  JOHN  :  Commissioner  for  Indian  affairs,  858  ; 
Order  to,  1315. 

DePeystcr  Discharging  Sill : 

Brought  up  and  read,  474  ;     Petition  against,  and  pro 
gress  stopped,  475. 

De  Peyslcr  Trustees  Sill  : 

Brought  up,  read  and  committed,  1652;    Passed,  1653  ; 

Enacted,  1653. 
Amended,  1681,  1790. 

DE  PUE,  (DUPOYE)  MOSES  :  Member  of  Assembly,  1136, 1227, 
1241,  1247,  1274,  1279,  1308,  1309,  1316. 

DEREYMIER,  ISAAC  :  Member  of  Assembly,  154.  169.  172, 
174,  349. 

DERIEMER,  Jun.,  ISAAC  :    349,  350. 
DERONDE,  ADRIAN:     Naturalized,  1708. 
DERONDE,  LAMBERTUS  :     1246. 
DERONDE,  MATHEUS  :     Naturalized,  1708. 
DEROXDE,  NICHOLAS  :     1246. 
DESEEE,  PAULUS  :     Naturalized,  536. 

DESERTERS : 

The  Assembly  recommended  to  provide  for  tho  apprehen 
sion  and  seizure  of,  318. 

See  MILITARY. 

DEWIXT,  JOHN  :     Naturalized,  625. 
DEWIXT,  PETER  :     Naturalized,  875. 

DEWITT,  CHARLES  :  Member  of  Assembly,  1662, 1669,  1672, 
1677, 1688,  1092,  1701,  1717,  1720, 1721,  1725,  1731,  1738, 
1742,  1740,  1759,  1761, 1767,  1779,  1809, 1817, 1830, 1837, 
1838, 1840, 1842,  1858,  1861,  1868, 18S3, 1886,  1908,  1910, 
1915,  1920,  1927,  1946,  1958,  1959,  1966,  196S,  1971. 

DEWSBCRY,  JOHN  :     Act  passed  to  sell  his  real  estate,  234. 

DE  YOUNG,  AARON  :     Naturalized,  1652. 

D'HEART,  MARTDIAS:     498. 

D'UoNNEUR,  JOHN  :     585. 

DIARCE,  ALEXANDER:     Naturalized,  159C,  1652. 

DIEMER,  Captain :     975. 

DIES,  JOUN  :     Ordered  to  account  for  certain  moneys,  1315  ; 

DIESKAU,  Baron  :     Defeated,  1222. 

DINWIDDIE,  Governor:  Supplies  New  York  with  arms, 
1198. 

DISLEAU,  Widow  :     Naturalized,  1093. 
DISORDERS,  POLITICAL : 

Actors  in  the  late  Disorders  Pardon  Bill : 
Enacted,  9. 

Damages  during  the  late  Disorders  Regulation  Bill  : 

Brought  up  and  read,  11 ;    Amended,  12;    Enacted,  12 
Damages  Regulation  Act  Repeal  Bill : 

Read,  127 ;     Committed  to  the  judges  of  the  Supreme 
Court,  129  ;     Passed,  130 ;     Enacted,  143. 


DISORDERS,  POLITICAL:—  Continued. 
Disorders  Quieting  Bill : 

Recommended  to  the  consideration  of  the  Assembly,  2 ; 
Brought  up  and  read,  5 ;  Amended,  and  sent  for 
concurrence  to  the  Assembly,  6  ;  Enacted,  6. 

Disorders  Quieting  Act  Last  Clause  Repeal  Bill: 

Recommended  to  be  introduced,  208  ;  Brought  up,  read 
and  committed,  210 ;  Amended,  and  sent  for  con 
currence  to  tho  Assembly,  210 ;  Amended  by  that 
House,  and  a  conference  requested,  211 ;  Assembly's 
reasons  for  insisting  to  be  delivered  to  that  commit 
tee,  211;  Further  conferences  appointed,  211,  213; 
Amendments  agreed  to,  and  bill  passed,  219  j  En 
acted,  221. 

DISSENTS : 

By  Mr.  Mompessou  and  Mr.  Philips,  to  tho  bill  for  refund 
ing  a  certain  part  of  the  £1,800  tax,  268. 
By  Mr.  Philips  and  Mr.  Mompessou,  to  the  bill  to  oblige 

Thomas  Byerley  to  repay  several  sums  of  money,  273. 
By  Mr.  Mompesson,  to  the  bill  for  the  better  settlement 

and  assuring  of  lands,  299. 
By  Mr.  Byerley,  to  the  bill  for  laying  a  further  duty  on  the 

tonnage  of  vessels  and  on  slaves,  346. 
By  Mr.  Byerley,  to  the  bill  for  naturalizing  foreign  pro- 

testants,  348. 
By  Mr.  Byerley,  to  the  bill  for  levying  and  paying  the 

several  duties  therein  mentioned,  371. 
By  Mr.   Philipse,  to  the  bill  for  restraining  the  taking 

extravagant  and  excessive  usury,  407. 
By  Mr.  Philipse,  to  the  bill  for  paying  and  discharging 

several  debts  due  by  the  colony,  421. 
By  Mr.  Philipse,  to  the  bill  for  settling  tlxe  boundaries 

between  Hurley  and  Marbletown,  438. 
By  Mr.  Byerley,  to  a  clause  in  the  bill  appointing  persons 

to  let  to  farm  the  excise,  454. 
By  Mr.  Byerley,  to  certain  words  in  the  bill  for  a  supply 

to  his  Majesty,  457. 
By  Mr.  Philip  Livingston,  to  the  bill  for  explaining  and 

enforcing  an  act  to  lay  different  duties  on  goods,  and 

regulating  the  Indian  trade,  549. 
By  Mr.  Alexander,  to  the  bill  to  repeal  an  act  prohibiting 

all  persons  but  Robert  Lettice  Hooper  to  refine  sugar,  558. 
By  Mr.  Rutherford,  to  the  bill  for  raising  £13,000  on  real 

and  personal  estates  for  fortifying  the  colony,  923. 
By  Mr.  Golden,  to  the  bill  for  appointing  commissioners 

to  examine  the  public  accounts,  992. 
By  Mr.  Colden,  to  the  bill  for  the  more  effectual  canceling 

bills  of  credit,  993. 

By  Mr.  Colden,  to  the  bill  for  purchasing  a  supply  of  pro 
visions  for  victualing  eight  complete  companies,   &c., 

996. 

By  Mr.  Colden,  to  agreeing  to  the  £28,000  tax  bill,  998. 
By  Mr.  Kennedy,  to  the  bill  for  finishing  the  court-house 

and  jail  in  Dutchess  county,  1134. 
By  Mr.  Kennedy,  to  the  bill  to  enaWe  the  mayor,  &c.,  of 

New  York  to  keep  in  repair  wells  and  pumps,  1137. 
By  Mr.   Kennedy,  to  the  bill  for  granting  to  his  Majesty 

the  several  duties  on  goods,  &c.,  imported  into  the 

colony,  1143. 
By  Mr.  Kennedy,  to  the  bill  for  regulating  the  collection  of 

the  excise,  1144,  1174. 
By  Mr.  Kennedy,  to  the  Bill  for  repairing  the  Goshen 

court  house,  Il77. 
By  Messrs.  Alexander,   Smith  and  Kennedy,  to  the  bill  to 

empower  the  episcopal  church  at  Oysterbay  to  raise  ft 

certain  sum  by  lottery,  1177. 
By  Mr.  Kennedy,  to  the  college  lottery  bill,  1178. 
By  Mr.  Alexander,  to  the  bill  to   empower  trustees  to 

support  the  title  of  the  Miuissink  and  Wawayanda 

patents,  1179. 
By  Mr.  Smith,  to  the  bill  for  the  more  easy  collection  of 

quit-rents,  1199. 
By  Messrs.  Golden,  Alexander  and  Smith,  to  the  bill  for 

the  payment  of  the  debts  of  the  Colony,  1242,  1243. 
By  Messrs.  Alexander  and  Smith,   to  the  bill  enabling 

assignees  of  insolvent  debtors  more  effectually  to  dis 
pose  of  such  debtors'  estates,  1245. 
By  Mr.  Kennedy,  against  the  bill  for  raising  1750  men  for 

an  expedition  against  Crown  Point,  1254. 
By  Mr.  Smith,  to  the  live  pound  bill,  1328. 
By  Mr.  Smith,  to  the  bill  empowering  justices,  mayors, 

recorders  and  aldermen  to  try  causes  to  the  value  of 

five  pounds,  1388. 
By  Mr.  Smith,  to  the  bill  for  the  better  government  and 

regulation  of  seamen  in  the  merchants'  service,  1418. 
By  Mr.  Kennedy  to  the  bill  for  providing  that  the  judges 

of  the  supreme  court  be  commissioned  during  good 

behavior,  1445. 


2020 


INDEX. 


DISSENTS  :  —  Continued. 

By  Mr.  Smith,  to  the  bill  for  naturalizing  John  De  Lisle 

and  others,  1446. 
By  Mr.  Smith  jun.,  to  the  bill  to  prevent  frauds  by  bills  of 

sale,  1671. 
By  Mr.  Smith,  jun.,  to  the  bill  further  to  continue  the  five 

pound  act,  1677. 
By  Mr.  Smith,  jun.,  against  the  rejection  of  the  bill  for 

settling  the  northern  limits  of  the  county  of  Ulster, 

1699. 
By  Mr.   Smith,  jnn.,   against  the   passing  of  a   bill   the 

better  to  ascertain  the  quality  of  pot  and  pearl  ashes, 

1700. 
By  Mr.  Smith,  jun.,  against  "the  passage  of  the  bill  to 

explain  and  amend  an  act  for  regulating  elections,  1706. 
By  Mr.  Smith,  jun.,  against  the  rejection  of  a  bill  exempt 

ing  all  protestants  in  Westchester  and  other  counties 

from  any  taxation  for  the  support  of  ministers,  1706. 
By  Mr.  Smith,  jun.,  against  committing  the  bill  incapaci 

tating  certain  persons  from  being  members  of  Assembly, 

1734. 
By  Mr.  Smith,  against  the  refusal  to  go  into  a  conference 

with  the  Assembly  on  the  amendments  to  the  bill  for 

the  regulation  of  the  militia,  1932. 
By  Mr.  Oliver  DC  Lancey,  to  the  amendments  to  the  bill 

for  regulating  the  militia,  1978. 
By  Mr.   Smith,   to   the   passing   of  the   bill   to   regulate 

elections  for  representatives  to  the  General  Assembly 

for  the  city  and  county  of  New  York,  1979. 

DISTILLING  : 

Distilling  Encouragement  Bill  : 
Brought  up  and  read,  474. 

DISTRAINING  : 
Distraining  Bill  : 

Brought  up,  1828  ;  Read,  1829  ;  Committed,  1830  ; 
Passed,  and  Assembly  acquainted,  1831. 

DITZ,  JOHAN  WJLUELM  :     Naturalized,  1652. 

DIXON,  JAMES  :  Collector  of  the  port  of  New  York,  petition 
presented  from,  420. 

DODINE,  ANTHONY  :     Naturalized,  1708. 
DOEMINIQ.UE,  P-  :    428. 

DOGS: 

Huntington  Tax  Bill  : 

Brought  up,  1879  ;     Read,  1880;     Committed,  1881. 
New  York,  Albany,  Queens  and  Suffolk  Tax  Bill  : 

Brought  up  and  re*d,  1915  ;  Committed,  1917  ;  Passed, 
and  Assembly  acquainted,  1921  ;  Enacted,  1927. 

Damages  by  Dogs  in  Richmond  County  Fund  Bill  : 

Brought  up,  read  and  committed,  1550;     Passed,  1553  ; 

Enacted,  1560. 
Continued,  1583. 
Reenacted,  1682. 
Revived,  1991. 

See  CATTLE. 
DOSOAIT,  JOHN  :    529. 
DONOAN,  THOMAS  :    529.     See  GOVERNORS. 

DONGAN,  WALTER  :  Petition  of,  presented,  528  ;  Gives 
notice  of  his  intention  to  apply  to  the  Legislature  for  a 
bill  to  enable  him  to  sell  certain  lands,  529. 

Dongan  Estate  Sale  Bill  : 

Brought  up,  read  and  committed,  503  ;  Parties  inter 
ested  ordered  to  attend,  503  ;  Recommitted,  504  ; 
Amended,  505  ;  Passed,  and  sent  for  concurrence  to 
the  Assembly,  505  ;  Enacted,  506. 

Dongan  Estate  Sale  Bill  : 

Brought  up,  read  and  committed,  533  ;  Passed,  and 
Assembly  acquainted,  534;  Enacted,  537. 

DOELAND,  LAMBERT  :     Member  of  Assembly,  17. 

DOUGHTY,  ELIAS  :    v. 

Docw,  ANDRIES  :     Member  of  Assembly,  205,  206. 


lis°  '" 


Dow,  PETER  :  Member  of  Assembly,  1102,  1103,  1201. 
1264. 

DOYLE,  JOHN  :     529. 

DRAKE,  JOHN  :     127. 

DRAUGAUD,  JOHN  :     Naturalized,  536. 

DRUNKENNESS : 

Drunkenness  Punishment  Act :    Passed,  xv. 
DPANE,  JAMES  :     1326. 
DuBois,  JACOBUS  :     424. 
DuBois,  Louis :     1031. 

DUCIIEMIN,  DANIEL  :     xix  ;     Naturalized,  xx. 
DCCUEMIN,  DANIEL  :     Naturalized,  1708. 

DUDLEY,  JOSEPH  :  Member  of  the  Council,  xxiv,  1-15 ; 
Letter  from,  laid  before  the  board,  325,  331  ;  Transmits 
vote  of  Massachusetts  to  the  governor  of  New  York 
326. 

DCGDALE,  WILLIAM  :     577. 

DUNBAR,  Colonel :     Retreat  of,  announced,  1208. 

DUNMORE  :     See  ADDRESSES  ;     GOVERNORS. 

Du  PUY,  JUBALISTE  :     Naturalized,  1708. 

Du  SIMITIERE,  PIERRE  EUGENE  :     Naturalized,  1708. 

DUSOCHAUY : 

Lands  Selling  Bill  : 

Brought  up,  read  and  committed,  491 ;  Report,  493  ; 
Passed,  and  Assembly  acquainted,  494;  Enacted! 
495. 

DUTCH : 

Constitution  and  Government  under  the,  iii ;  Sundry  per 
sons,  who  either  themselves  or  their  ancestors  lived  in 
the  province  under  the  Dutch  government,  pray  for 
an  act  to  quiet  their  possessions,  &c.,  172. 

Dutch   Wills,  Contracts  and  other   Writings  Preservation 
Bill  : 

Brought  np,  read  and  committed,  271;  Amended,  and 
Assembly  acquainted,  272. 

Dutch  Records  Removal  from  Secretary's  Office  Permission 
Bill  : 

Brought  up  and  read,  1G08  ;     Committed,  1609. 
Albany  Dutch  Records  Preservation  and  Translation  Bill : 

Brought  up  and  read,  1G62;  Committed,  1664;  Or 
dered  3d  reading,  1665  ;  Enacted,  1682. 

OUTGUESS  COUNTY: 

Annexed  to  Ulster,  2; 

Entitled  to  elect  two  members  of  Assembly,  381. 
Albert  Pawling  and  others  apply  for  power  to  sell  certain 
tracts  of  land  in,  574. 

Additional  Constables  and  Overseers  cf  Highways  Election 
Bill  : 

Brought  np,  read,  amended  and  ordered  3d  reading, 
863  ;  Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  865  ;  Disagreed  to  by  that  House,  866  ;  Enacted, 
874. 

County  Officers  Election  Bill :     Enacted,  367. 
County  House  and  Prison  Building  Bill : 

Brought  up  and  read,  385;  Committed,  386;  Passed, 
and  Assembly  acquainted,  387 ;  Enacted,  395. 

County  House  and  Prison  Building  Bill : 

Brought  up  and  read,  408  ;  Committed,  409  ;  Passed, 
and  Assembly  acquainted,  410;  Enacted,  411. 

Court  House  and  Jail  Building  Bill : 
Brought  up  and  read,  828  ;     Committed,  829  ;     Ordered 
3d  reading,  830  ;     Passed,  and  Assembly  acquainted, 
831 ;     Enacted,  837. 

Court  House  and  Jail  Finishing  Bill  : 
Brought  up,  899  ;     Read  and  committed,  900  ;     Passed, 
and  Assembly  acquainted,  901 ;     Enacted,  904. 


INDEX. 


2021 


DDTCHESS  COUNTY  :  —  Continued. 
Court  House  and  Jail  Finishing  Bill  : 
Brought  up  and  read,  1054 ;     Committed,  1055  ;     Or 
dered   3d    reading,    1058;      Passed,    and    Assembly 
acquainted,  1059  ;     Enacted,  1065. 

Court  House  and  Jail  Finishing  Bill  : 
Brought  up,  read  and  committed,  1132;     Passed,  Mr. 
Kennedy   dissenting,    1134;     Assembly   acquainted, 
1135  ;    Enacted,  1144. 

Jail  Finishing  Bill : 

Brought  up,  read  and  committed,  1550 ;  Passed,  and 
Assembly  acquainted,  1053  ;  Enacted,  15CO. 

Precincts  Establishment  Bill  : 

Brought  up,  read  and  committed,  693  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  695;  Agreed 
to  by  that  House,  696;  Enacted,  712. 

Beekmans  Precinct  Division  Bill : 

Brought  up,  read  and  committed,  1669 ;     Ordered  3d 

reading,  1670 ;     Passed,    and   Assembly  acquainted, 

1671. 
Again  brought  up,  1687  ;     Committed,  1688  ;     Ordered 

3d  reading,  1689  ;     Passed,  and  Assembly  acquainted, 

1690 ;     Enacted,  1707. 

Cram  Elbow  Precinct  Division  Bill : 
Brought  up,  read  and  committed,  1468 ;     Passed,  1469 ; 

Assembly  acquainted,  1470 ;     Enacted,  1472. 
Amenia  precinct  established,  1472. 
Charlotte  precinct  established,  1472. 

East  Camp  District  Erection  Bill : 
Brought   up,    1952  ;      Read    and    committed,    1953  ; 
Amended,  and  sent  for  concurrence  to  the  Assembly, 
1986 ;     Agreed  to  by  that  House,  1987 ;     Enacted, 
1991. 

Rumbout  Collector  Election  Bill  : 

Brought  up  and  read,  1767;  Committed,  1768;  Or 
dered  3d  reading,  1769 ;  Passed,  and  Assembly 
acquainted,  1771 ;  Enacted,  1790. 

Southern  Precinct  Division  Bill  : 

Brought  up  and  read,  1825  ;  Committed,  1826  ;  Passed, 
and  Assembly  acquainted,  1832;  Enacted,  1849. 

Supervisors  Election  Bill  : 

Brought  up  and  read,  442  ;  Committed,  443  ;  Passed, 
and  Assembly  acquainted,  443;  Enacted,  448;  Re 
pealed.  (See  Precincts  Establishment  Bill.) 

Supervisors  and  Assessors  Meeting  Bill: 

Brought  up  and  read,  1512;  Committed,  1513;  Or 
dered  3d  reading,  1514  ;  Enacted,  1524. 

Tax  Arrears  Collection  and  Jury  Room  Converting  Bill: 
Brought  xip  and  read,  1396  ;     Committed,  passed,  and 
Assembly  acquainted,  1397;     Enacted,  1398. 

Rates  Collecting  and  Paying  Obligatory  Bill: 

Brought  up,  read  and  committed,  1968  ;  Ordered  3d 
reading,  1974  ;  Passed,  1982  ;  Assembly  acquainted, 
1983 ;  Enacted,  1992. 

Treasurer  Compulsory  Accounting  Bill  : 
Brought  up  and  read,  1691;    Committed,  1692  ;  Passed, 

1696 ;     Enacted,  1707. 

See  HIGHWAYS;  NINE  PARTNERS  ;  OBLONG  ;  POOR;  SWINE; 
TAVERNS  ;     ULSTER  ;     WOLVES. 

DUTEXS,  CHARLES  JOHN  :     Naturalized,  1065. 

DUXBURY,  ELLIS:     Member  of  Assembly,  2,  3,  4,  7,  16,  93. 

DYCKMAN,  JACOB  :     The  Legislature  summoned  to  meet  at 
the  house  of,  1098,  1099  ;     Meets  there,  1100. 

DYKE,  Collector :     Sent  to  England,  charged  with  treason,  ix. 


E. 

EAST  CAMP  :     See  DDTCHESS. 
EASTCHESTER  :     See  WESTCHESTER. 
EBERT,  ADAM  :     Naturalized,  959. 
ECKER,  GEORGE  :     Naturalized,  1751. 


ECKLANE,  Mr. :     Member  of  Assembly,  44. 
:'!DCCATION  :     Instances  of  neglect  of,  1324. 
ASE  OF  HER  MAJESTY'S  SUBJECTS  :     See  RIGHTS. 
5nNY,  DAVID  :     Naturalized,  1462. 
SHXY,  JOACHIM  GEORGE  :     Naturalized,  1462. 
BICKLER,  AUGUSTUS  :     Naturalized,  1751. 
ELBERTSEN,  ELBERT :     v. 

ELECTIONS  : 

Form  of  a  writ  of,  xiv  ;  Writs  issued,  xi,  xiii,  1,  2,  22, 48, 
116,  156,  223,  245,  275,  311,  353,  381,  537,  553,  680, 
819,  887,  1003,  1044,  1100,  1357,  1425,  1997. 

The  freeholders  of  Kings  county  petition  that  Gerrard 
Beekmau  be  admitted  to  sit  in  the  Assembly  in  place 
of  Henry  Filkin,  49  ;  Referred  to  the  attorney-gene 
ral,  49. 

The  attention  of  the  Legislature  called  to  abuses  in,  112. 

The  freeholders  of  Suffolk  county  refuse  to  obey  a  writ 
of,  168. 

New  elections  usual  on  a  change  of  governors,  814. 

Elections  Regulation  Bill: 

Recommended  to  be  prepared,  126 ;  Brought  up,  136 ; 
Committed  and  passed,  137;  Enacted,  143. 

Elections  Greater  Regularity  Bill  : 

Brought  up  and  read,  160;  Committed,  162;  Passed, 
and  Assembly  acquainted,  166;  Enacted,  171. 

Elections  Regulation  Bill  : 

Brought  up  and  read,  699  ;  Committed  and  committee 
instructed,  700;  Progress  reported,  701,  702;  Amen 
ded,  and  passed,  704;  Sent  for  concurrence  to  the 
Assembly,  705. 

Elections  Regulation  Act  Amendment  Bill  : 

Brought  up  and  read,  1702;  Committed,  1704;  Re 
ported,  1705  ;  Passed,  and  Assembly  acquainted, 
1706  ;  Mr.  Smith  dissents,  1706  ;  Enacted,  1707. 

Albany  Assembly  Elections  Regulation  Bill : 

Brought  up  and  read,  1768  ;  Committed,  1768  ;  Ordered 
3d  reading,  1771 ;  Passed,  and  Assembly  acquainted, 
1778  ;  Rejected  by  governor  Duumore,  1981. 
Again  brought  up  and  read,  1823;  Committed,  1826; 
Amended,  and  ordered  3d  reading,  1832;  Assembly 
desire  to  know  what  progress  has  been  made  in  the 
bill,  1842;  Passed,  1842;  Sent  for  concurrence  to 
the  Assembly,  1843  ;  Agreed  to  by  that  house,  and 
its  provisions  extended  to  the  borough  of  Westchester 
and  manor  of  Cortland,  1843  ;  Governor's  assent 
refused,  1981. 

Again  brought  up  and  read,  1971 ;  Committed,  1972  ; 
Passed,  Mr.  Smith  dissenting,  1979 ;  His  reasons 
for  dissenting,  1981;  Assembly  acquainted,  1983; 
Enacted,  1992. 

Albany  and   Wcstchestsr  Assembly   Elections  Regulating 

Bill  : 

Brought  up  and  read,  1923;  Committed,  1925  ;  Passed, 
and  Assembly  acquainted,  1926. 

Cortland  Manor  Assembly  Election  Bill  : 
Brought  up,  read  and   committed,   634 ;      Passed,   and 
Assembly  acquainted,  635  ;     Enacted,  637. 

Orange  and  Suffolk  County  Election  Places  Fixing  Bill  : 

Brought  up,  1011 ;  Read,  1012 ;  Ordered  3d  reading, 
1013;  Passed,  and  Assembly  acquainted,  1014; 
Enacted,  1015. 

Tryon   and    Charlotte    Freeholders   to    Vote    for   Albany 
Representatives  Enabling  Bill : 

Brought  up  and  read,  1841  ;  Committed,  1843  ;  Amen 
ded,  passed,  and  sent  for  concurrence  to  the  Assembly, 
1844  ;  Disagreed  to  by  that  house,  1844. 

Westchester  County  Election  Places  Fixing  Bill : 

Brought  up,  read  and  committed,  1077 ;  Ordered  3d 
reading,  1078 ;  Passed,  and  Assembly  acquainted, 
1079 ;  Enacted,  1093. 

See  GENERAL  ASSEMBLIES;     WRITS;     Names  of  Cities  and 
Counties. 

ELPORD,  Captain:     Lands  French  prisoners  in  New  York, 
344. 

ELIAS,  DAVID  :    Naturalized,  501,  500. 


2022 

ELL,  JOHAN  JACOB  :     Naturalized,  625. 
ELLIS,  HEKO  :    Naturalized,  625. 
ELTING,  CORNELIUS  :     458,  484. 
EMOTT,  JAMES  :     Heard  against  a  certain  bill,  202. 
See  BKIGGS. 

EMOTT,  JAMES:   Signs  a  remonstrance  against  the  five  pound 
act,  1326. 

ENGLISH  LANGUAGE  : 

English  Language  Establishment  Sill  : 

Ordered  to  be  prepared,  xix ;     Enacted,  xix. 
ENTAIL  :    See  WHITEHEAD,  THOMAS. 
ENTBY,  FORCIBLE  :    See  LANDS. 
ENTRIES,  TOKTUOUS  :     See  LANDS. 
EPITAPH  :     Oil  the  Earl  of  Limerick,  xxiii. 
ESOPUS  :     An  expedition  sent  to  the  Far  Indians  from,  14. 

EVANS,  Captain  JOHN:      Order  respecting  his  extravagant 
grant,  137. 

EVERNDEN,  ROBEKT  :       135. 

EVERTZEN,  JOHN  :     v. 

EVIDENCE : 

Bill  to  make  one  witness  sufficient  in  revenue  cases, 
passed,  xv  ;  Disagreed  to  by  the  Assembly,  xv  ;  Mr. 
Graham  ordered  to  draw  up  another  bill,  xvii ;  Pre 
sented,  read  and  passed,  xviii  ;  Enacted,  xviii. 

EXAMINATION  :     Of  custom  house  officers,  247. 

EXCISE  : 
Excise  Bill :    Enacted,  xix. 

Excise  Collection  Bill :    Enacted,  xix. 
Excise  Frauds  Prevention  Bill  : 

Introduced,  xx  ;      Enacted,  xxi. 

Amount  received  in  Nassau  island  from  the,  131. 

Excise  Better  Collection  Bill  : 

Presented,  read  and  committed,  203 ;  Amended,  203 ; 
Sent  for  concurrence  to  the  Assembly,  204. 

Excise  Duty  Bill  : 

Brought  up  and  committed,  282  ;     Passed,  and  Assem 
bly  acquainted,  284 ;    Enacted,  284. 
Reenacted,  303. 
Continued,  317. 
Again  enacted,  365. 
Continued,  306. 
Revived,  1637. 

Excise  and  Auction  Duty  Bill  : 

Brought  up,  read  and  committed,  351 ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  351 ;  Dis 
agreed  to  by  that  House,  351 ;  Conference  requested, 
351 ;  The  Assembly  decline  a  conference,  352. 

Excise  Letting  Doubts  and  Scruples  Removal  Bill: 

Brought  up,  read  and  committed,  367  ;  Report,  367  ; 
Passed,  and  Assembly  acquainted,  308  ;  Enacted,  368. 

Excise  Arrears  Payment  Bill  : 

Brought  up,  read  and  committed,  394  ;     Enacted,  305. 
Excise  Letting  Bill  : 

Brought  up,  and  read,  417 ;  Amended,  passed  and 
Assembly  acquainted,  418  ;  Enacted,  418. 

Continued,  582,  590. 

Further  continued,  599,  612,  625,  630,  645,  656,  674, 
687,  712. 

Excise  Letting  to  Certain  Persons  Bill  : 
Brought  up,  read  and  committed,  745  ;      Report,  746  ; 
Passed,  and  Assembly  acquainted,  747  ;  Enacted,  750. 

Excise  Letting  Bill :    Enacted,  766. 
Again  enacted,  785,  808,  827,  857,  904,  959,  991.  1032 
1053,  1093,  1107  ;     The  act  complained  of  and  recom 
mended  to  be  modified,  1127. 

Excite  Collection  Bill  : 

Brought  up,  read  and  committed,  1133  ;  Passed,  and 
Assembly  acquainted,  1144;  Mr.  Kennedy  dissents, 
1144;  Enacted,  1145. 


INDEX. 


EXCISE :  —  Continued. 

Reenacted,  1181,  1230,  1289,  1317,  1356,  1391,  1423, 
1461,  1502,  1521,  1560,  1582,  1613,  1651,  1681,  1724, 

1762,  1822. 

Excise  and  Bills  of  Credit  Act  Further  Continuation  Bill : 
Brought  up,  read  and  committed,  734 ;     Read  3d  time, 

735. 

Again  brought  up  and  read,  737;      Committed,  738 ; 
Erasures  and  interlineations  therein,  739  ;      Passed, 
and  Assembly  acquainted,  740 ;     Enacted,  741. 
Further  continued,  1124. 

Excise  Commissioners  Appointment  Bill: 
Brought  up  and  read,  378 ;      Amended,  and  sent  for 

concurrence  to  the  Assembly,  379  ;     Enacted,  380. 
Continued,  395. 

Excise  Commissioners  Nominating  Bill : 
Brought  up,  read  and  committed,  401 ;      A  joint  com 
mittee  requested,  403;      Amended,  and  sent  for  con 
currence  to  the  Assembly,  404;     Enacted,  405. 

Excise  Commissioners  Appointment  Bill: 
Brought  up  and  read,  454;      Mr.  Byerly  dissents  to  a 
clause  therein,  454 ;     Passed,  and  Assembly  acquain 
ted,  454;     Enacted,  461. 

Gilbert  Livingston  exempted  from  paying  a  balance 
due  by  him  as  farmer  of,  476.  See  LIVINGSTON. 

Excise  Commissioners  Appointment  Bill  : 

Brought  up,  read  and  committed,  481 ;  Report,  487  ; 
Amended,  488  ;  Passed,  and  sent  for  concurrence  to 
the  Assembly,  488 ;  Agreed  to  by  that  House,  488  ; 
Enacted,  495. 

Continued,  506,  523,  562. 

Excise  Commissioners  Appointment  Bill : 
Brought  up  and  read,  1905  ;  Committed,  1906  ;  Passed, 

and  Assembly  acquainted,  1907 ;     Enacted,  1909. 
Again  enacted,  1950. 

EXECUTION  :     See  LAW  PKOCEDUBE. 

EXECUTORS  AND  ADMINISTRATORS : 

The  provisions  of  the  act  to  prevent  frauds  in  debtors 
extended  to,  1789. 

EXPORTATION : 

Of  wheat  prohibited,  13. 

Exportation  of  Grain  Prohibition  Bill: 

Ordered  to  be  prepared,  226  ;  Presented  by  the  Attorney- 
general  and  read,  227;  Committed  and  amended, 
228  ;  Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  2-28. 

Provisions  Transportation  Prevention  Bill : 

Brought  up  and  committed,  280 ;  Amended,  and  sent 
for  concurrence  to  the  Assembly,  281;  Further 
amended  and  passed,  281 ;  Enacted,  282. 

Hides  Exportation  Prohibition  Bill  : 

Brought  up,  read  and  committed,  405  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  419 ;  Agreed 
to  by  that  House,  420;  Enacted,  423. 

Provisions,  &c.,  Exportation  Prevention  Bill: 

Presented  by  Mr.  Horsmanden,  and  read,  927 ;  Com 
mitted,  929  ;  Passed,  and  sent  for  concurrence  to  the 
Assembly,  929 ;  Amended  and  returned  to  the 
Council,  930  ;  Agreed  to  by  that  Board,  and  enacted, 
930. 

Provisions,  &c., Exportation  more  effectual  Prevention  Bill: 

Brought  up,  read  and  committed,  932 ;     Amended,  and 

sent  for  concurrence  to  the  Assembly,  932 ;    Agreed  to 

by  that  House,  933 ;  Amendments,  933 ;  Enacted,  943. 

Provisions  Exportation  Prevention  Bill: 

Brought  up  and  read,  1185;     Committed,  1186;     Pas 
sed,  and  Assembly  acquainted,  1187  ;     Enacted,  1187. 
Continued,  1196. 

Provisions,  Naval  and  Warlike  Stores  Exportation  Preven 
tion  Bill: 

Brought  up  and  read,  1200;  Committed,  1201 ;  Amend 
ed,  and  .sent  for  concurrence  to  the  Assembly,  1202; 
Agreed  to  by  that  House,  1206 ;  Enacted,  1207. 

Continued,  1269. 


INDEX. 


2023 


EXPORTATION  :  —  Continued. 

Provisions  and  Warlike  Stores  Exportation  more  effectual 
Restraining  Bill : 

Presented  by  Mr.  Kennedy,  and  read,  1216  ;  Commit 
ted  and  amended,  1217 ;  Passed,  and  sent  for  con 
currence  to  the  Assembly,  1218 ;  Agreed  to  by  that 
House  and  enacted,  1219';  A  committee  appointed  to 
consider  this  act,  and  to  prepare  a  bill  more  effectually 
to  restrain  the  exportation  of  provisions  to  the  French, 
1229. 

Revived,  with  an  alteration,  1259. 

Provisions,  Naval   and  Warlike    Stores    Carrying  to  the 

French  more  effectual  Hindcrancc  Bill : 
Presented  and  read,  1233  ;   Committed,  1234 ;    Amend 
ed,  1235  ;     Passed,  and  sent  for  concurrence  to  the 
Assembly,  1236  ;     The  Council  inquire  what  progress 
that  House  has  made  in  the  bill,  1246 ;     The  Assem 
bly  decline  proceeding  any  further  therein,  1248. 
See  INSPECTION. 

Ex  POST  FACTO  :  A  protest  entered  against  the  passage  of  a 
bill  on  this  principle,  549. 

EXTORTIONS : 

Extortions  Relief  Bill  : 

Brought  up  and  read,  262 ;  Committed,  264 ;  Amend 
ed,  266 ;  Sent  for  concurrence  to  the  Assembly,  267; 
Enacted,  267. 

EXTRAVAGANT  GRANTS: 

Extravagant  Grants  Vacating  Bill  : 

The  governor  instructed  to  break  certain  extravagant 
grants  of  land,  137;  Attorney-general  ordered  to 
prepare  a  bill  accordingly,  137  ;  Bill  presented  and 
read,  137  ;  Read  2d  and  3d  times  and  passed,  140  ; 
Sent  for  concurrence  to  the  Assembly,  140  ;  Amended 
by  that  House,  140 ;  Amendments,  140 ;  Enacted,  143. 

Part  of  a  Clause  in  Vacating  Act  Repeal  Bill : 
Brought  up,  read  and  committed,  628 ;     Passed,  and 
Assembly  acquainted,  629  ;     Enacted,  630. 

F. 

FAIRS: 

Fairs  and  Markets  Bill  : 

Brought  up,  29 ;  Read,  30 ;  Read  2d  time,  31 ;  Pas 
sed,  32;  Enacted,  34 

In  Albany,  Cumberland  and  Tryon  Bill: 

Brought  up  and  read,  1881;  Committed,  1883 ;  Pas 
sed,  and  Assembly  acquainted,  1886;  Enacted,  1894. 

In  Schenectady  Alteration  Bill  : 

Brought  up  and  read,  1960  ;  Committed,  1962;  Or 
dered  3d  reading,  1963 ;  Passed,  and  Assembly  ac 
quainted,  1967;  Enacted,  1990. 

FALK,  NICHOLAS  :     Naturalized,  1560. 
FANEUILL,  BENJAMIN  :    407. 

FAREWELL,  Mr. :  Appointed  attorney-general,  5  ;  Goes  to 
Boston,  7. 

FARLINGER,  JOUN  :     Naturalized,  1751. 

FAST  DAY  :  The  first  Wednesday  in  every  mouth  to  be  ob 
served  as  a,  12. 

FAIICONNIEB,  PETER  :  Naval  officer,  218  ;  evidence  touching 
complaints  made  against  him  by  Mr.  Byerley,  247 ;  Submits 
his  accounts  of  the  revenue,  249  ;  Petitions  the  Council, 
253 ;  Dispute  between  him  and  Mr.  Byerley,  254 ;  Su 
perseded,  255  ;  Late  commissioner  for  executing  the  office 
of  collector  and  receiver-general  of  New  York,  260 ; 
Council  approve  hia  official  conduct,  261 ;  Petition  of,  638. 

FAUGERES,  Louis  :     Naturalized,  1708. 

FACVIERE,  JAMES  and  CHARLOTTE  :     Naturalized,  5G2. 

FEES: 

An  act  passed  confirming,  xii. 

Fees  Settlement  Bill  : 

A  committee  appointed  to  prepare,  xviil. 

A  joint  committee  appointed  to  prepare  a  table  of,  4 ; 

Petitions,  &c.,  respecting,  under  advisement,  17. 


FEES:  —  Continued. 

Fee  Bill  : 

Read,  committed  and  laid  aside,  21 ;  A  committee  ap 
pointed  to  examine  and  report  on  the  subject,  21  ;  A 
member  added  to  that  committee,  38. 

The  governor  and  Council  to  regulate  all  salaries  and 
fees,  33,  133. 

A  scheme  of  fees  for  the  collector  and  naval  officer,  ap 
proved,  134. 

Answer  of  the  Council  to  a  message  on  the  subject,  138. 

Fee  Bill  : 
Brought  up  and  read,  199. 

Fee  Bill: 

The  Assembly  request  that  a  joint  committee  draw  up, 
268  ;  Appointed,  269  ;  Bill  brought  up,  read  twica 
and  committed,  274 ;  Amended,  and  sent  for  con 
currence  to  the  Assembly,  275. 

Again  brought  up,  278  ;  Committed,  279  ;  Attorney- 
general  asks  leave  to  be  heard  against,  282  ;  Enact 
ed,  282;  Vetoed,  298. 

Fees  to  be  established  by  ordinance,  298  ;  A  commutes 
appointed  to  draw  up  a  table  of,  298  ;  A  table  of,  report 
ed,  amended  and  agreed  to,  299  ;  An  ordinance  or 
dered  to  be  prepared  accordingly,  300. 

Fee  Ordinance  : 

Presented,  and  ordered  engrossed,  301 ;  Assembly  re 
quested  to  return  it,  303 ;  Reconsidered,  304. 

Fee  Bill  : 

Brought  up,  and  ordered  to  lie  on  tlie  table,  308. 
Again  brought  up,  and  again  laid  on  the  table,  324. 
Conference   ordered  on  the  settling,  regulating  and  es 
tablishing  of  fees,  372. 

Small  Cause  Officers  Fee  Bill  : 

Brought  up,  read  and  committed,  402. 
Court  of  chancery  fees  declared  to  be  too  high,  569. 
Two  ordinances  prepared  for  regulating  court  of  chan 
cery  fees,  569. 

Fee  Bill  : 

Brought  up  and  read,  697 ;  Committed,  698  ;  Assem 
bly  inquire  what  progress  has  been  made  therein, 
703;  Answer,  703. 

Fees  paid  to  the  Speaker  of  the  Council  by  persons 
naturalized,  708. 

Assembly  requests  that  a  joint  committee  be  appointed 
to  prepare  a  bill  for  regulating,  ascertaining  and  es 
tablishing  fees,  723  ;  Committee  appointed,  700. 

FELINCK,  PETER  :     Naturalized,  518. 
FELL,  CHRISTOPHER:     665. 
FELTA,  JOHANNES:     Naturalized,  1G82. 
FEMMES  COVERTS  :     See  LIMITATION. 

FENCES  : 

Fence  Act :     Passed,  xiii. 
Fences  and  Highways  Regulation  Bill : 
Brought  up,  read,  passed,  and  Assembly  acquainted,  6  ; 
Enacted,  7. 

Ulster  County  Fences  Regulating  Bill : 
Brought  up,  136  ;     Committed,  137 ;     Consideration  of, 

postponed,  139. 
Another  bill  brought  up  and  read,  145;     Committed, 

147;     Report  against,  148. 

Ulster  County  Fences  Regulating  Bill  : 
Brought  up,  read  and  committed,  160 ;     Amended,  163 ; 
Sent  for  concurrence  to  the  Assembly,  166 ;     Enacted, 
171. 

Albany  County  Inner  Fences  Regulation  Bill : 

Brought  up,  read  and  committed,  244  ;     Enacted,  245. 

Fences  Regulating  Bill  : 

Brought  up,  read  and  committed,  377;     Passed,  and 

Assembly  acquainted,  378 ;     Enacted,  380. 
Reenacted,  476,  582. 

Fences  Regulating  Act  Explanatory  Bill  : 

Brought  up,  read  and  committed,  542 ;  Passed,  and 
Assembly  acquainted,  543;  Enacted,  550. 

Fences  Regulating  Act  Continuation  Bill :     Enacted,  598. 


2024 


INDEX. 


FENCES :  —  Continued. 

Kings  County  Fences  Sill :     Enacted,  650. 
Fences  Regulating  Act  Revival  Bill  : 
Brought  up  and  read,  745  ;     Committed,  746  ;     Passed, 
and  Assembly  acquainted,  747  ;     Enacted,  750. 

Fences  Regulating  Bill : 

Brought  up  and  read,  1054;  Committed,  1055;  Or 
dered  3d  reading,  1058  ;  Passed,  and  Assembly 
acquainted,  1059  ;  Enacted,  1065. 

FERRIES  :     See  NEW  YORK.     Also,  Names  of  Counties. 
FIELDIXO,  Mr. :     Custom-house  officer,  248. 

FILKIN,  HENRY  :  His  election  to  the  Assembly  contested, 
49  ;  Mentioned,  50,  56. 

FILKIN,  HENRY  :  Member  of  Assembly,  1102,  1113,  1132, 
1157,  1274. 

FIBE  ENGINES  and  FIREMEN  :    See  NEW  YORK  ;  SCHENECTADY. 

FIREWOOD  : 

Firewood  Measurement  Regulation  Act :    Passed,  xiii. 

Firewood  Cording  Sill  : 
Brought  up  and  read,  1451 ;     Committed,  1452. 

Firewood  Sale  Regulating  Sill  : 

Brought  up  and  read,  1578  ;  Committed,  1579  ;  Peti 
tion  of  the  mayor,  £c.,  of  New  York  presented 
against,  1580. 

Waste  of  Firewood  Prevention  Bill  : 
Brought  up  and  read,  1842  ;    Committed,  1843  ;    Passed, 
and  Assembly  acquainted,  1845  ;     Enacted,  1849. 

FIREWORKS : 

Firearms  Discharging  and  Fireworks  Prevention  Sill : 
Brought  up  and  read,  1775  ;    Committed,  1777  ;  Passed, 
1778;     Assembly  acquainted,  1779  ;     Enacted,  1790. 

Guns  Firing  and  Firearms  Discharging  Prevention  Bill : 

Brought  up,  read  and  committed,  1868 ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  1875  ; 
Agreed  to  by  that  House,  1875  ;  Amendments,  1875  ; 
Enacted,  1894. 

FISH: 

Salmon  Catching  in  Hudson  River  Prevention  Sill: 
Brought  up  and  read,  1777  ;     Committed,  1778  ;     Passed, 
and  Assembly  acquainted,  1780  ;     Enacted,  1789. 

Fish  in  Suffolk  County  Preservation  Bill  : 

Brought  up  and  read,  1820  ;    Committed,  1820  ;    Passed, 

and  Assembly  acquainted,  1831 ;     Enacted,  1849. 
Continued,  and  amended,  1951. 

FISHERIES : 

Porpoises  Fishery  (De  Graw)  Bill  : 
Brought  up  and  read,  368 ;   Committed,  369  ;  Amended, 
and  sent  for    concurrence   to    the  Assembly,  369  ; 
Agreed  to  by  that  House,  375  ;     Enacted,  380. 

Porpoises  Fishery  (De  Langloiserie)  Bill: 

Brought  up,  passed,  and  Assembly  acquainted,  526 ; 
Enacted,  536. 

FITCH,  Governor  THOMAS:     987,  1199,  1251. 
FIVE  POUND  BILL  :    See  SMALL  CAUSES. 
FLAAKE,  CORDT  ARENDT  :     Naturalized,  1065. 
FLANDEK,  JACOB  :     Naturalized,  1682. 

FLATBUSH  :  The  court  of  sessions  removed  from  Gravesend 
to,  xv. 

See  KINGS  COUNTY. 

FLETCHER  :     See  GOVERNORS. 

FLOYD,  RICHARD  :  Committed  to  the  custody  of  the  sergeant- 
at-arms,  and  ordered  prosecuted  for  having  appropriated 
a  drift  whale,  121 ;  Discharged  on  bail,  123  ;  Further 
order  in  the  case,  142. 

FLUKCAN,  GEORGE  :    Naturalized,  1751. 
FLCSHINO  :    The  Legislature  meets  at,  1111. 
See  QUEENS. 


FORBES,  Brigadier-General :      Forces  the  French  to  abandon 
fort  Duquesne,  1359. 

FORCIBLE  ENTRY  :     See  LANDS. 

FOKDHAM  MANOR  :     See  WESTCHESTER  COUNTY. 

FOREIGN  ATTACHMENT: 
Foreign  Attachment  Bill : 

Introduced,  305  ;     Read,  306  ;     Committed,  307. 
Again  brought  up  and  read,  385  ;     Committed,  386 ; 
Passed,  and  Assembly  acquainted,  387. 

FORGERY  :     See  CKIMES. 

FORSTER,  PETER  :     Naturalized,  1751. 

FORTS : 

A  fort  recommended  to  be  built  for  the  five  nations,  144 ; 
Objections  to,  144 ;  Proposed  location  and  cost,  146 ; 
£1,000  granted  for  the  erection  of  a,  155;  Further 
proceedings  thereon,  159 ;  Two,  building  in  the  In 
dian  country,  323,  326. 

FORT  DUQUESNE  :     Destroyed,  1359. 

FORT  EDWARD  :     Erected,  1223  ;     Garrisoned,  1227. 

FORT  FRONTENAC  :     Destroyed,  1340. 

FORT  HUNTER  :     Condition  of,  661 ;     Tumbling  down,  682; 
Required  to  be  rebuilt,  731. 

FORT  STANWIX  :     Built,  1340. 

FORT  WILLIAM  HENRY:     Erected,  1223;     Garrisoned,  1227; 
Surrendered,  1304. 

FORTIFICATIONS : 

Albany   and   Schencctady   Fortifications    Speedy   Rcpairi 
Sill  : 

Brought  up  and  read,  168 ;      Passed,  170 ;      Enacted, 

Albany  and  Schcnectady  Fortifications  Repairing  Bill: 
Brought  up,  303 ;      Read,  304 ;     Amended,  and  sent 
for  concurrence  to  the  Assembly,  304  ;    Enacted,  309. 

Fortifications  Impairing  Prevention  Bill : 

Brought  up  and  read,  323 ;  Passed,  and  committed, 
324;  Assembly  acquainted,  324;  Enacted,  331. 

Albany  and  Schcnectady  Fortifications  Sill: 

Brought  up  and  read,  348  ;     Committed,  349  ;     Passed, 

and  Assembly  acquainted,  350  ;     Enacted,  353. 
Reiinaeted,  395. 

Schencctady  Fortifications  Repairing  Bill  : 

Brought  up,  read  and  committed,  391 ;  Passed,  and 
Assembly  acquainted,  392  ;  Enacted,  395. 

Albany  Fortifications  better  repairing  Bill: 

Brought  up,  read  and  committed,  401 ;      Passed,  and 

Assembly  acquainted,  402. 

[  This  bill  appears  in  the  journal  of  Assembly  among  those  as- 
Bcnted  to  on  September  1,  171G,  but  its  enactment  is  not  recorded 
in  this  journal.  1 

Albany  Fortifications  Better  Repairing  Bill  : 

Brought  up  and  read,  471 ;  Committed,  471 ;  Petition 
presented  against,  471 ;  Passed,  and  Assembly  ac 
quainted,  473 ;  Enacted,  476. 

Albany  Fortifying  Bill  : 

Brought  up  and  read,  514 ;  Committed,  515  ;  Report, 
515;  Passed,  and  Assembly  acquainted,  516;  En 
acted,  517. 

Block-Houses  Bill  : 

Brought  up,  read  and  committed,  533 ;  Passed,  and 
Assembly  acquainted,  534;  Enacted,  536. 

Albany  Fortification  Sill : 

Brought  up  and  read,  609;  Committed,  610  ;  Passed, 
and  Assembly  acquainted,  611 ;  Enacted,  612. 

Albany  and  Schcnectady  Fortifying  Bill  : 

Brought  up  and  read,  633  ;  Committed,  634  ;  Passed, 
and  Assembly  acquainted,  636  ;  Enacted,  637. 

Commissioners  of  Fortifications  Appointment  Bill: 
Brought  up  and  read,  647;     Committed,  C48  ;     Amen 
ded  and  sent  for  concurrence  to  the  Assembly,  648  ; 
Agreed  to  by  that  House,  649  ;     Enacted,  650. 


INDEX. 


2025 


FORTIFICATIONS :  —  Continued. 

Fortifications  Completing  and  Building  Bill  : 

Brought  up  and  read,  735. 

Again  brought  up  and  read,  737  ;  Committed,  738 ; 
Krasures  and  interlineations,  738  ;  Passed,  and  As 
sembly  acquainted,  740  ;  Enacted,  741. 

Colony  Better  Fortifying  Bill  : 

Brought  up,  read  and  committed,  772  ;  Passed,  773 ; 
Assembly  acquainted,  774;  Enacted,  774. 

Albany  more  Effectual  Fortifying  Bill  : 

Brought  up  and  read,  803  ;  Committed,  804  ;  Passed, 
and  Assembly  acquainted,  805  ;  Enacted,  808. 

Albany  and  Schenectady  Fortification  Bill  : 

Brought  up,  read  and  committed,  824;      Passed,  and 

Assembly  acquainted,  825  ;     Enacted,  827. 
Amended,  857. 

Fortifications  Repairing  and  Governor's  Residence  Build 
ing  Bill  : 

Brought  up  and  read,  843 ;  Committed,  844  ;  Passed, 
844;  Assembly  acquainted,  845  ;  Enacted,  845. 

Fortifications  Completing  Bill  : 

Brought  up,  read  and  committed,  869  ;  Read  3d  time, 
869  ;  Passed,  and  Assembly  acquainted,  870 ;  En 
acted,  875  ;  A  joint  committee  appointed  to  consider 
the  subject,  880 ;  Report,  882. 

Fortifications  Erection  and  Repairs  Bill  : 

Brought  up  and  read  three  times,  892  ;  Passed,  and 
Assembly  acquainted,  893  ;  Enacted,  893. 

Schenectady  Fortifications  Repairs  Bill  : 

Brought  up,  read  and  committed,  908 ;  Passed,  and 
Assembly  acquainted,  909 ;  Enacted,  917. 

Schenectady  Fortifica'ion  Bill  : 

Brought  up  and  committed,  1192;  Passed,  and  Assem 
bly  acquainted,  1193;  Enacted,  1196. 

Fortifications  Repairs  Bill  : 

Brought  up  and  read,  1202;  Committed,  1203  ;  Passed, 
and  Assembly  acquainted,  1204 ;  Enacted,  1207. 

FOSSE,  YOUNGER  :     v. 
FOUNTAIN,  VINCENT  :     529. 
FOWLER,  HENRY  :     158,  167. 
FOXES:     See  WILDCATS;     WOLVES. 

Fox   HALL   MANOR:       Empowered  to   elect  an  additional 
supervisor,  837. 

See  ULSTER. 

Fox  HUNTING  :     See  KINGS. 

FRAXCKEN,  HENRY  ANDREWS  :     Naturalized,  1652. 

FRANKLIN,  CHRISTIAN  :     Naturalized,  1462. 


FRAUDS : 

Frauds  Prevention  Bill:     Enacted,  xviii. 

Frauds  and  Perjuries  Prevention  Act   Amendment  Bill  : 
Presented  by  Mr.  Smith  and  read,  1921 ;       Committed, 
1922;       Report,   1923;       Passed,   and  sent  for  con 
currence  to  the  Assembly,  1927  ;     Agreed  to  by  that 
House,  1933  ;     Enacted,  1937. 

Bar  Iron  Frauds  Prevention  Bill  : 

Brought  up  and  read,  1746  ;  Committed,  1747 ;    Passed, 

and  Assembly  acquainted,  1748  ;     Enacted,  1750. 
Revived,  1822. 

Bread  Frauds  Prevention  Bill  : 

Presented  by  Mr.  Smith,  and  read,  1881;      Committed, 
1883 ;      Passed,    and    sent    for   concurrence    to    the 
Assembly,  1844;      Agreed  to  by  that  House,  1889; 
Enacted,  1894. 
Revived,  1990. 

Bills  of  Sale  Frauds  Prevention  Bill : 

Brought  up  and  read,  1667 ;  Committed,  1668  ;  Passed, 
1671 ;     Mr.  Smith  dissents,  1671 ;     Enacted,  1682. 

Bills  of  Sale  Frauds  Prevention  Bill  : 

Brought  up  and  read,  1968  ;  Committed,  1970  ;   Passed, 
1974;     Assembly  acquainted,  1976;     Enacted,  1992.  j 

[This  act  applies  to  Orange,  Dutchess,  Albany,  Richmond 
aud  Kings  counties.  ] 

254 


FRAUDS  :  —  Continued. 

Damaged  Goods  Frauds  Prevention  Bill  : 
Brought  up,  read  and  committed,  1444 ;      Passed,  and 

Assembly  acquainted,  1445  ;     Enacted,  1446. 
Continued,  1502,  1637. 
Revived,  1950. 

Debtors  Frauds  Prevention  Bill  : 

Brought  up,  1078  ;  Read  and  committed,  1079  ;  Pro 
gress  reported  and  leave  granted  to  committee  to  sit 
again,  1081 ;  Amended  aud  passed,  1082;  Sent  for 
concurrence  to  the  Assembly  and  agreed  to  by  that 
House,  1083 ;  Amendments, 1083  ;  Enacted,  1093. 

Continued,  1144. 

Further  continued,  1391. 

Amended  and  made  valid,  1438. 

Amended  act  continued,  1872. 

Provisions  of  the  act  extended  to  non-resident  executors 
and  administrators  of  estates,  1789. 

Debtors  Frauds  Act  Rendering  more  Effectual  Bill  : 

Brought  up  and  read,  1825  ;  Committed,  1826  ;  Read 
3d  time,  1827 ;  Passed,  and  Assembly  acquainted, 
1828. 

Relief  Against  Fraudulent  Devisees  Bill : 
Brought  up  and  read,  1827 ;  Committed,  1828  ;  Passed, 
and  Assembly  acquainted,  1829. 

Relief  Against  Fraudulent  Devises  Bill  : 

Brought  up  and  read,  1914;  Committed,  1915  ;  Passed, 
1916;  Assembly  acquainted,  1917;  Enacted,  1927. 

Excise  Frauds  Prevention  Bill : 

Read,  and  ordered  engrossed,  xx  ;     Enacted,  xxi. 
Pot  and  Pearl  Ashes  Frauds  Prevention  Bill  : 

Brought  up  and  read,  1606  ;  Committed,  1607  ;  Passed, 
1608  ;     Assembly  acquainted,  1609  ;     Enacted,  1613. 
Revived  and  continued,  1750. 

See  INSPECTION  ;     CRIMES. 

FRAUDS  IN  LAND  :     See  LANDS. 

FRAUDS  BY  MORTGAGES  :     See  MORTGAGES. 

FRAUDS  IN  NAVAL  STORES  :     See  NAVAL  STORES. 

FRAUDS  is  TARINQ  CASKS  :     See  TARE. 

FRAUDS  BY  TENANTS  :     See  LANDS. 

FRAUDS  AND  EMBEZZLEMENT  OF  DRIFT  WHALES  :  See  WHAXKS. 

FRED,  JOHN:     665. 

FREIDENBEROH,  CHARLES  :     Naturalized,  1708. 

FREIDENBURGH,  CHARLES  DE  :     Naturalized,  1596. 

FRENCH: 

Commit  depredations  in  the  West  Indies,  237 ;  Invade 
New  York,  326;  Endeavor  to  seduce  the  five  nations, 
337  •  Send  agents  among  the  five  nations,  385  ;  Pre 
paring  to  invade  England,  838  ;  War  declared  against, 
847;  Encroach  on  his  majesty's  possessions  on  the 
Ohio  1147;  Defeat  colonel  Washington,  1160;  Build 
sundry  forts  towards  the  Ohio,  1161;  Commencement 
of  hostilities  with,  1182  ;  Proceed  in  great  numbers  to 
the  Ohio,  1197;  Defeat  general  Braddock,  1208;  Are 
defeated  by  major-general  Johnson,  1222. 


Neutral  French  Apprenticing  Bill  : 
Brought  up,  read  and  committed,  1264;     Ordered  3d 
reading,    1265 ;     Passed,  and  Assembly   acquainted, 
1267  ;     Enacted,  1268. 

FRENCH.  PHILIP  ;     Elected  speaker   of  the  Assembly,  111 ; 
Member  of  Assembly,  177,  183,  186,  188,  201. 

French  and  Ifenham  Outlawry  Bill  : 

Brought  up,  read  and  committed,  172  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  173 ;  Enacted, 
173. 

See  SPEAKER. 

FRESNEAP,  ANDREW  :     407. 

FRETZ,  ERNST  :     Naturalized,  1462. 

FRETZ,  JACOB  :     Naturalized,  1462. 

FREY   HENDRICK  :     Member  of  Assembly,  I860,  1861,  1868 

1873,  1877,  1880,  1881. 
FRIENDS  :     See  QUAKERS. 


2026 


INDEX. 


FRONTIERS : 

Frontiers  Securing  Bill  : 

Brought  up,  read  and  amended,  55  ;  Sent  for  concur 
rence  to  the  Assembly,  55  ;  Enacted,  5fa. 

Frontiers  Reinforcing  Bill  : 

Brought  up,  read  and  amended,  62 ;  Amendments  dis 
agreed  to  by  the  Assembly,  62 ;  Recommended  to  be 
rejected,  63;  Speech  of  his  Excellency  to  the  As 
sembly,  63  ;  Answer  of  that  House,  and  reply  of  the 
Council,  64 ;  A  new  bill  to  be  introduced,  64. 

Frontiers  Security  Bill  : 

Brought  up  and  read,  71 ;  Reasons  for  rejecting  it,  72  ; 
Message  to  the  Assembly  thereupon,  73;  further 
messages  thereon,  74 ;  The  Assembly  deny  any  addi 
tional  supply,  76,  and  are  prorogued  in  consequence, 
77. 

Frontiers  Reinforcement  Bill  : 

Brought  up,  read,  and  a  conference  requested,  90  ;  Gov 
ernor's  objections  to  the  bill,  91 ;  Reasons  of  the 
Council  in  favor  thereof,  92  ;  Enacted,  92. 

Frontiers  Security  Bill: 

Read  and  amended,  98  ;     Sent  for  concurrence  to  the 
Assembly,  99  ;     Agreed  to  by  that  House,  and  enact 
ed,  99. 
Frontiers  Security  Bill  : 

Brought  up,  read  and  enacted,  108. 

Frontiers  Defense  Bill  : 

Brought  up,  read  and  committed,  222;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  223 ;  Returned 
with  a  message  that  the  Assembly  do  not  admit  any 
amendment  by  the  Council  to  a  money  bill,  223. 

Frontiers  Defense  Tax  Levy  Bill  : 
Brought  up,  read  twice  and  committed,  226;    Amended, 
227;     Read  3d  time,  and  sent  for  concurrence  to  the 
Assembly,  228  ;     Returned  non-concurred,  229  ;    Ob 
jections  to,  242. 

Frontiers  Defense  Provision  Bill  : 

Brought  up,  read  and  referred,  235 ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  236. 

Frontiers  Defense  Bill  : 
Brought  up  and  read,  243 ;  Committed,  244 ;     Enacted, 

245. 

3,750  Ounces  of  Plate  (Fortifying  and  Defending  the  Fron 
tiers  )  Appropriation  Bill : 

Brought  up  and  read,  327 ;  Committed,  328  ;  Passed, 
and  Assembly  acquainted,  328  ;  Enacted,  331. 

Frontiers  Security  Bill  : 

Brought  up  and  read,  336  ;  Committed,  338  ;  Passed, 
and  Assembly  acquainted,  339  ;  Enacted,  342. 

Frontiers  Defense  Provision  Bill  : 

Brought  up  and  read,  1010;  Committed,  1011 ;  Ordered 
3d  reading,  1013  ;  Passed,  and  Assembly  acquainted, 
1013;  Enacted,  1015. 

See  FORTIFICATIONS  ;     MILITARY. 
FUR  TRADE  :    See  TRADE. 

a. 

GAASBECK,  Colonel :  See  CHAMBERS. 

GALE,  SAMUEL  :  Member  of  Assembly,  1058,  1133,  1140, 

1141,  1169,  1173,  1174,  1176,  1180,  1204,  1227,  1229, 

1238,  1247,  1279,  1690,  1692,  1693,  1701,  1722,  1725, 

1729,  1732,  1735,  1737,  1738,  17t>7,  1773,  1775,  1782, 

1786,  1813,  1825,  1826,  1827,  1831,  1837,  1841,  1862, 

1871,  1879,  1881,  1926,  1930,  1932,  1933,  1951,  1957, 

1966,  1968,  1971,  1978,  1983,  1984,  1989. 

GALE,  THOMAS:  Member  of  Assembly,  742,  746,  759,  782, 
828,  894,  1011,  1012,  1029. 

GALLAUDET,  PIERRE  ELISEE  :  Naturalized,  536. 

GAME : 

English  Pheasants  Preservation  Bill : 
Brought  up  and  read,  628 ;    Committed,  629  ;    Enacted, 

630. 

Game  killing  in  Philipsborough  Manor  Prevention  Bill . 
Brought  up  and  read,  1867  ;     Committed,  1867;     Pas 
sed,  and  Assembly  acquainted,  1869  ;     Enacted,  1873. 
See  DEER. 


GAMING : 

Gaming  Houses  Restraining  Bill  : 
Brought  up  and  read,  790;     Committed,  791 ;     Passed, 

and  Assembly  acquainted,  792  ;     Enacted,  795. 
Reenacted,  904. 

Gaming  Houses  Restraining  Act  Amendment  Bill  : 
Presented  by  Mr.  Smith,  and  rend,  1909  ;     Committed, 
1910;     Ordered  3d  reading,  1911  ;     Passed,  and  sent 
for  concurrence  to  the  Assembly,  1913. 

Excessive  and  Deceitful  Gaming  Better  Prevention  Bill: 
Brought  up  and   read,  1913;     Passed,  and  Assembly 
acquainted,  1916  ;     Enacted,  1927. 

Gaming  in  Taverns  more  effectual  Prevention  Bill: 
Brought  up  and  read,  1971 ;     Committed,  1972  ;     Re 
jected,  1975. 

GATDE,  JOHN*  :     Naturalized,  959. 
GARLOI-GH,  ADAM  :     Naturalized,  1751. 
GARRETSEN  :     See  GERRITSE. 

GARTON,  THOMAS  :     Member  of  Assembly,  2,  31,  179,  196, 
206,  222,  225,  424. 

GAUGING : 

Gauging  Bill  : 

Brought  up  and  read,  1063 ;     Committed  and  passed, 
1064  ;     Assembly  acquainted,  1065  ;     Enacted,  1066. 
Continued,  1)07.  1317. 
Reenacted,  1530,  1893. 

GENERAL  ASSEMBLY: 

Provision  made  for  triennial  Assemblies,  xii. 

Genera!  Assemblies  Frequent  Calling  and  Holding  Bill: 
Brought  up  and  read,  574;     Committed,  575  ;     Amend 
ed  and  sent  for  concurrence  to  the  Assembly,  576; 
Disagreed  to  by  that  House,  576;     Council  adhere, 
and  Assembly  acquainted,  576. 

General  Assembly  Frequent  Electing  and  Calling  Bill : 
Brought  up,  read  and  committed,  639  ;     Amended,  and 
sent  for  concurrence  to  the  Assembly,  640  ;  Disagreed 
to  by  that  House,  643  ;     Council  adhere,  and  Assem 
bly  acquainted,  643,  646. 

Frequent  Elections  and  Meetings  of  Assembly  (  Triennial ) 

Bill  : 

Brought  up  and  read.  684  ;  Committed,  687  ;  Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  689  ; 
Disagreed  to  in  part  by  that  House,  690 ;  Council 
adhere,  691 ;  Conference  appointed,  t>93  ;  Report, 
693  ;  Council  adhere,  their  reasons,  694  ;  Reasons 
not  satisfactory  to  the  Assembly,  and  a  tree  conference 
ordered,  694;  Amendments  agreed  to,  698  ;  Enacted, 
712 ;  Vetoed,  726. 

General  Assemblies  Limitation  Bill: 
Brought  up  and  read,  758;     Committed,  760;     Ordered 
3d  reading,  760 ;     Read  3d  time  and  passed,  761. 

General  Assemblies  Limitation  (Septennial)  Bill: 
Brought  up  and  read,  828  ;     Committed,  829  ;     Ordered 
3d  reading,  830 ;     Passed,  and  Assembly  acquainted, 
832 ;     Enacted,  837. 

Freeholders  Vindication  Bill : 

Mr.  De  Laucey  obtains  leave  to  bring  in,  895. 

See  ASSEMBLY;     MEMBERS;     RIGHTS  AND  PRIVILEGES. 
GEORGE  I :     The  Assembly  dissolved  by  the  death  of,  553. 

GEORGE  II:  His  accession  announced,  554;  Assembly  dis 
solved  by  the  demise  of,  1425. 

GEORGE  III :  Succeeds  his  grandfather  on  the  throne,  1426 ; 
His  declaration  on  his  accession,  1426  ;  Married,  1457  ; 
Legislature  vote  a  statue  to,  1653. 

GEORGE,  Mr. :     265. 

GERBEAUX,  ELIAS  :     Naturalized,  1583. 

GERMAN  FLATTS  :     Sir  William  Johnson  marches  to,  1270. 

GERMANS:     Brought  to  New  York,  297;     Recommended  to 
be  naturalized,  305  ;     Sent  to  serve  on  the  frontiers,  323. 
See  NATURALIZATION. 

GERRITSE,  ADREAN  (GARRETSON,  ARIEN):  Member  of  As 
sembly,  158,  174,  364;  Mentioned,  421,  484,  491.  (See 
Ulster,  Hurley  and  Marbletown  Boundary  Bill.) 


INDEX. 


2027 


GERRITSE,  RYER  :     Member  of  Assembly,  547. 

GERRITSEN,  SAMUEL:  Member  of  Assembly,  436,  449,  453, 
4(H,  468,  499,  501,  549,  579,  584,  592,  597,  614,  636,  637, 
643,  649,  G69. 

GLEN,  ABRAHAM  :     Member  of  Assembly,  824,  854,  869. 

GLKN,  JACOB  :  Member  of  Assembly,  548,  549,  583,  634,  641, 
648,  653,  666,  974,  1008,  1010,  1019,  1027,  1028,  1031. 

GLOUCESTER  COUNTY  :     See  HIGHWAYS  ;     TAVEENS. 
GLUNDORF,  JOHANNES  :     Naturalized,  518. 
GODFREY,  JOHN  :     90. 

GOOCH,  Colonel :  797  ;  Brigadier-general,  to  command  an 
expedition  against  Canada,  927 ;  A  committee  of  both 
houses  to  receive,  943  ;  Declines  the  command,  946. 

GOODS  :     See  TRADE. 

GOOKIN,  Colonel :     280. 

GORDON,  Captain  (Royal  Navy)  :     285. 

GOUVERNEUR,  ABRAHAM  :  Member  of  Assembly,  122,  124, 
125,  132,  133,  134,  139,  140 ;  Elected  speaker  of  the  As 
sembly,  142 ;  Controversy  respecting  his  election,  169  ; 
Petitions  ag.iinst  a  bill  authorizing  the  sale  or  Mde 
Selynus'  estate,  349  ;  Counsel  heard  on  his  behalf,  350; 
Failure  of  an  attempt  to  pay  him  his  wages  as  member  ol 
Assembly,  472  ;  Paid,  495  ;  Complains  of  certain  pro 
ceedings  in  the  court  of  chancery,  568. 

GOUVERNEUR,  ISAAC  :     349,  350. 
GOUVERNEUR,  SARAH  :     Naturalized,  506. 

GOVERNMENT : 

Security  of  Government  Bill  : 

Brought  up,  865  ;  Committed,  867  ;  Amended,  870  ; 
Passed,  and  sent  for  concurrence  to  the.  Assembly, 
871 ;  Agreed  to  by  that  House,  872  ;  Enacted,  874  ; 

Support  of  Government  Bills: 

See  APPROPRIATIONS. 
GOVERNORS: 
NICOLLS,  RICHARD  : 

Promises  representative  institutions,  iii ;  His  letter,  ir ; 
Mentioned,  148. 

BROCKHOLST,  ANTHONY  : 

Commander-in-Chief,  viii,  ix,  xi,  xiv  ;  Member  of  the 
Council,  xvii-xxiv. 

DONGAN  THOMAS  : 

Instructed  to  call  an  Assembly,  ix  ;  Dissolves  the  As 
sembly,  xiv,  xvii ;  Biographical  notice  of,  xxiii ; 
Order  on  the  account  of  his  expedition  to  Albany, 
13  ;  Charged  with  having  engrossed  all  the  commons 
of  Staten  Island,  28 ;  Certain  arrears  due  since  the 
time  of,  29  ;  Concludes  on  an  agreement  with  Con 
necticut  respecting  a  boundary,  103. 

ANDROS,  Sir  EDMUND  : 

Instructions  to,  viii,  xxii. 

SLOUOHTER,  HENRY  : 

Presides  in  the  Council,  and  assents  to  the  privileges 
demanded  by  the  Assembly,  1 ;  Thanks  voted  to,  2 ; 
Address  of  the  Assembly  to,  3 ;  Thanked  by  the 
Assembly  for  the  great  care  he  has  taken  of  the  pro 
vince,  8  ;  Accompanied  by  the  two  Houses,  goes  to 
the  city  hall,  and  publishes  the  acts  passed,  and  then 
adjourns  the  Legislature,  10 ;  Deceased,  19  ;  A  char 
ter  of  privileges  passed  under,  45. 


INGOLDESBY,  RICHARD  : 

Commander-in-chief,  11 ;  Adjourns  the  Assembly,  14  ; 
Calls  on  the  Assembly  to  reinforce  Albany,  14,  17; 
Communicates  to  the  Assembly  intelligence  from  Al 
bany,  17;  Sends  for  the  Assembly  to  attend  him  at 
the  council  chamber,  and  opens  the  session  by  a 
speech,  18  ;  Amount  received  by  him  on  account 
of  soldiers'  clothing,  28 ;  Amount  due  by  the  pro 
vince  on  account  of  his  expedition,  93  ;  Succeeds  lord 
Lovelace  in  the  government,  278  ;  About  to  attend 
a  congress  at  Rhode  Island,  291 ;  Is  succeeded  by 
governor  Hunter,  296. 

FLETCHER,  BENJAMIN  : 

His  speeches  to  the  Assembly,  18,  25,  et  seq. ;  Dis 
solves  the  Assembly,  24  ;  A  present  voted  to,  34 ; 


GOVERNORS :  —  Continued. 

Charges  of  his  expedition  against  the  French,  35 ; 
About  to  assume  the  government  of  Pennsylvania, 
39  ;  Dissolves  the  Assembly  and  orders  a  new  elec 
tion,  40 ;  Where  educated,  42 ;  The  Assembly  to 
furnish  a  copy  of  their  daily  votes  to,  43 ;  Berates 
the  Assembly  for  not  passing  certain  bills,  and  dis 
solves  the  House,  48 ;  Urges  the  Assembly  to  recede 
from  a  certain  vote,  53  ;  Urges  the  Assembly  to  vote 
a  larger  number  of  men  for  the  frontiers,  54 ;  About 
to  visit  Pennsylvania,  57;  Expresses  dissatisfaction 
at  the  proceedings  of  the  Assembly,  59,  63,  and  pro 
rogues  the  House,  66 ;  Rebukes  the  Assembly,  76, 
aud  prorogues  the  Legislature,  77 ;  Pardons  a  soldier 
condemned  to  death,  78  ;  His  reasons  against  passing 
a  bill  for  raising  men  and  money  to  reinforce  the 
frontiers,  91;  Goes  to  Albany  to  meet  the  Indians, 
94 ;  Invited  to  pass  the  winter  there,  96 ;  About 
to  set  out  thither,  99 ;  Signs  an  address  to  King 
William  and  the  association,  100  ;  Time  occupied  in 
his  voyage  from  New  York  to  Albany,  101 ;  The  Earl 
of  Bellomont  succeeds,  110;  His  extravagant  grants 
to  be  vacated,  137  j  Mentioned,  164. 

BELLOMONT,  Earl  of: 

Dissolves  the  Assembly,  110  ;  Condition  of  affairs  on 
his  assuming  the  government,  111 ;  Cannot  meddle 
in  matters  relating  only  to  the  Assembly,  115  ;  Ne 
gotiates  a  treaty  with  the  Indians  at  Albany,  122,  and 
Council  invested  with  the  regulation  of  fees,  133 ; 
Indisposed,  145  ;  Dead,  156 ;  The  Assembly  call  for 
the  accounts  of  the  revenue  since  his  arrival,  179. 

NANFAN,  JOHN  : 

Lieutenant-governor,  117-174 ;  Assumes  the  govern 
ment  of  the  province  and  dissolves  the  Assembly, 
156;  Succeeded  by  lord  Cornbury,  175. 

CORNBURY,  Lord : 

Dissolves  the  Assembly,  175  ;  Certain  expenses  incur 
red  by  him  recommended  to  be  provided  for,  183  ; 
The  Assembly  make  a  present  to,  206;  Forbidden 
to  receive  any  presents  in  future  from  the  Assembly, 
206,  225  ;  Accuses  the  Assembly  of  attempting  in 
novations,  and  calls  on  them  to  state  what  their  rights 
are,  215;  Notifies  the  Assembly  of  the  appearance 
of  a  privateer  off  the  harbor,  230,  and  of  the  opinion 
of  the  lords  of  trade  as  to  the  right  of  the  Council 
to  amend  money  bills,  231  ;  About  to  go  to  New 
Jersey,  236 ;  Postpones  his  visit,  237 ;  About  to 
visit  Albany,  241 ;  Lord  Lovelace  succeeds,  275  ; 
Comments  of  the  Assembly  on  his  administration, 
434.  See  CLARENDON. 

LOVELACE,  Lord : 

Assumes  the  government  and  dissolves  the  Assembly, 
275  ;  Dead,  278  ;  The  Assembly  recommended  to 
pay  the  remainder  of  £1, 600  voted  to,  305. 

HUNTER,  ROBERT  : 

Opens  the  session  of  the  Legislature  with  a  speech,  296  ; 
His  salary,  302  ;  Claims  that  the  crown  is  the  sole 
judge  of  the  proper  amount  of  salary  for  public  offi 
cers,  310  ;  Issues  a  proclamation  in  New  Jersey  pro 
roguing  the  New  York  Assembly,  which  body  iu 
consequence  refuses  to  act,  311 ;  His  proclamation, 
320;  Submits  a  plan  to  prevent  future  misapplica 
tions  of  the  revenue,  343 ;  Declines  to  assent  to  a 
bill  for  paying  the  officers  of  the  Assembly,  367 ; 
His  commission  renewed,  382  ;  Conditions  on  which 
he  promised  to  assent  to  the  naturalization  act,  386 ; 
Promises  to  order  the  discontinuance  of  the  prosecu 
tion  of  Samuel  Mulford  as  soon  as  he  makes  application 
therefor,  401 ;  Not  to  assent  to  any  act  affecting  the 
trade  or  shipping  of  Great  Britain,  429 ;  Owing  to 
ill  health,  opens  the  session  with  a  message,  439 ; 
Announces  his  intention  of  returning  to  England, 
447 ;  Address  of  the  Assembly  thereupon,  449  ; 
Appropriations  voted  for  five  years  in  his  time,  1022. 


SCHUYLER,  PETER  : 

President  of  the  Council,  prorogues  the  Assembly,  449. 

BURNET,  WILLIAM  : 

Issues  a  proclamation  adjourning  the  Assembly,  450  ; 
Urges  on  the  Legislature  the  necessity  of  protecting 
the  Indian  interests,  451 ;  Communicates  to  the  Le 
gislature  certain  papers  respecting  the  boundary  with 
Connecticut,  499  ;  Close  of  his  administration,  562  ; 
Dissolves  the  Assembly,  568  ;  Slanders  and  false 
hoods  circulated  against,  569  ;  Appropriations  voted 
for  five  years  under,  1022. 


2028 


INDEX. 


GOVERNORS :  —  Continued. 

MOXTGOMKKIE,  JOHN  ! 

Meets  the  Legislature,  563 ;  Opens  the  session  with  a 
speech,  564  ;  His  death,  602  ;  Rip  Van  Dam  suc 
ceeds,  603 ;  Appropriations  voted  for  five  years  under, 
1022. 

VAN  DAM,  RIP  : 

Succeeds  governor  Montgomerie  and  opens  the  session 
with  a  speech,  603. 

COSBY,  WILLIAM  : 

Mentioned,  xxvi ;  Adjourns  the  Assembly,  613  ;  Op 
poses  in  parliament  the  hill  in  favor  of  the  sugar 
colonies,  614  ;  Succeeded  by  president  Clarke,  657  ; 
Salaries  voted  for  five  years  under,  1022. 

CLABKE,  GEORGE  : 

President  of  the  Council,  657-666  ;  Ceases  to  preside 
in  the  Legislative  Council,  665  ;  An  address  to  his 
majesty,  proposed  praying  for  the  grant  of  a  sufficient 
sum  to  erect  a  residence  for,  789 ;  Lieutenant- 
Governor,  667-814 ;  Hon.  George  Clinton  succeeds, 
814. 

CLINTON,  Hon.  GEORGE  : 

Dissolves  the  Assembly,  814,  886 ;  Opens  the  session 
with  a  speech,  820  ;  An  act  passed  for  building  a 
new  residence  for,  845  ;  Prevented  by  indisposition 
from  opening  the  session  in  person,  918,  946;  De 
mands  that  the  public  salaries  be  voted  for  five  years, 
1022  ;  Informs  the  Legislature  that  he  will  not  give 
his  assent  to  annual  appropriation  bills,  1023  ;  His 
remarks  on  certain  resolves  passed  by  the  Assembly, 
1032;  About  to  be  relieved  of  his  government.  1120. 

OSBORNE,  Sir  DANVERS  : 

His  death  announced  to  the  Legislature,  112G  ;  Extracts 
of  instructions  to,  1127. 

DE  LANCEY,  JAMES  : 

Lieutenant-governor,  1126-1213,  1301-1406;  Assents 
to  bills  at  his  residence,  1355  ;  Cadwallader  Golden 
succeeds,  1407 ;  Date  of  his  death,  1409. 

HARDY,  Sir  CHARLES  : 

Assumes  the  government  of  New  York  and  sends  a 
message  to  the  Legislature,  1213  ;  At  Albany,  1220, 
1221 ;  James  De  Laucey  succeeds,  13U1 ;  Promoted 
to  the  rank  of  Rear- Admiral,  and  resigns  the  govern 
ment,  1304. 

GOLDEN,  CADWALLADER  : 

President  of  the  Council,  1407-1438  ;  Lieutenant-go 
vernor,  1439-1478, 1507-1564,  1709-1754,  1938-1993. 

MONCKTON,  ROBERT  : 

Appointed  governor,  1441 ;  Prorogues  the  Assembly, 
1446,  1478,  1479,  1480,  1481  ;  Convenes  the  Legisla 
ture,  1482  ;  Opens  the  session  with  a  speech,  1483 ; 
Succeeded  by  Cadwallader  Colden,  1507  ;  Returns  to 
England,  1509. 

MOOBE,  Sir  HENRY  : 

Opens  the  session  of  the  Legislature,  1565  ;    Dead,  1710. 
DUNMORE,  Earl  of: 

Assumes  the  government,  1755. 
TBYON,  WILLIAM  : 

Prorogues  the  Assembly,  1797;  Publishes  his  com 
mission  as  governor,  1799 ;  Opens  the  session,  1800  ; 
Departs  tor  England,  1941 ;  Prorogues  the  Assembly, 
1994,  1995  ;  On  board  the  ship  Dutchess  of  Gordon, 
1996  ;  Dissolves  the  Assembly,  1997. 
See  ORDERS  IN  COUNCIL. 

GOVERNOR'S  ISLAND.     See  NUTTEN  ISLAND. 
GKAEFT,  JOHANNES  :     Naturalized,  1462. 

GRAHAM,  AUGUSTINE  :  Leave  given  to  bring  in  a  bill  for  the 
sale  of  lands  to  pay  his  debts,  489  ;  One  of  the  proprie 
tors  of  tlie  nine  partners'  patent,  639. 

GRAHAM,  JAMES:  Attorney-general,  ordered  to  prepare  a 
revenue  bill,  xvii ;  Member  of  the  Council,  xxi,  xxii  • 
Speaker  of  tlie  Assembly,  1 ;  Signs  the  address  to  gov 
ernor  Sloughter,  4;  Mentioned,  19,  20,  22,  23;  Demands 
certain  privileges  for  the  members  of  the  Assembly,  42- 
Signs  address  to  King  William,  87 ;  Signs  instructions  to 
the  agent,  88,  and  an  address  to  the  governor,  98;  Signs 


GRAHAM,  JAMES — Continued. 

the  Association,  101,  and  an  address  to  the  earl  of  Bello- 
mont,  122;     Attorney-general,  134;     Signs  an  answer  to 
a  message  from  the  Council,  136  ;     Called  to  the  Council, 
141 ;     Member  of  Council,  142-144. 
See  SPEAKER. 

GRAHAM,  JAMES:     638. 

Graham  Lands  Disposing  Sill  : 

Presented  by  Mr.  Morris,  junr.,  read  and  committed, 
490 ;  Amended,  and  sent  for  concurrence  to  the  As 
sembly,  492. 

GRAIN  :  Blighted  throughout  the  province,  and  a  public 
fast  ordered  in  consequence,  12 ;  The  exportation  of  wheat 
prohibited,  13. 

See  EXPORTATION. 

GRAMMAR  SCHOOL  :     See  SCHOOL. 
GRANTS  :     See  LIMITATION. 

GRAVESESD  :     The  court  of  sessions  removed  from,   xv. 
See  KINGS. 

GREAT  BRITAIN  :  The  Legislature  of  New  York  not  to  pass 
acts  affecting  the  trade  and  shipping  of,  428. 

GREENBCSH  :     New  York  levies  stationed  at,  974. 
GREENER,  RICHARD  :     200. 

GRIEVANCES  : 

Public,  33  ;  Report  of  committee  of,  against  the  court  of 
chancery,  562;  Representation  of  the  Council  there 
upon,  568;  Minutes  and  proceedings  of  the  Committee 
of  the  Council  ordered  to  be  laid  before  the  Council, 
571  ;  Report  of  that  committee,  showing  the  inexpedi 
ency  of  complying  with  that  order,  578  ;  Minutes  to  be 
delivered  to  the  governor,  579. 

See  MEMORIAL. 
GRISI,  PETER  :     Naturalized,  959. 

GRONCE,  PETER:     Naturalized,  1751. 
GRONDHAM,  JOHN  :     Naturalized,  637. 

GROOT,  NICHOLAS:  Member  of  Assemblv,  1452,  1458,  1468 
1470,  1471,  1491,  1542. 

GUARDIANS  :  An  Act  passed  declaring  at  what  age  they  may 
be  chosen,  xiii. 

GUEST,  JOHN  :     147. 

GUNTEK,  JOHN  FREDERICK  :     Naturalized,  590. 

H. 

HABER,  ZACHARIAS  :     Naturalized,  637. 
HALE,  ROBERT  :     987. 
HALFMOON  :     Garrisoned,  18. 
HALL,  BENJAMIN  :     987. 

HAMILTON,  ANDREW  :  Submits  proposals  for  the  establish 
ment  of  a  post  office  in  America,  26  ;  Postmaster-general 
of  America,  43. 

HAMILTON,  Governor  :  Letter  from,  laid  before  the  board, 
1148. 

HAMMOND,  ROBERT  :     Clerk  of  the  Assembly,  xii,  xv. 

HANGMAN  :  Newspapers  ordered  to  be  burnt  by  the  common, 

642. 
HANN,  HENDRICK  :     Naturalized,  1751. 

HANSE,  JOSEPH  :     Naturalized,  476. 

HANSEN,  CAREL  :  Member  of  Assembly,  415,  427,  436,  442, 
449,  453,  469,  474,  532. 

HANSEN,  HANS:  Member  of  Assembly,  1054,  1055,  1058, 
1077  ;  Provisions  in  his  hands  ordered  sold,  1212. 

HANSEN,  HENDRICK:  Member  of  Assembly,  124,  132,  134, 
162,  163,  167,  246,  248,  268,  428,  436,  442,  449,  453,  489, 
502,  511 ;  Commissioner,  360  ;  Renders  an  account  oi' 
the  expense  of  his  journey  to  Ououdaga,  367. 

HANSEN,  MATUIAS  ;  Bill  to  confirm  a  patent  granted  to, 
brought  up,  148. 

HARDENBROOK,  JOHANNES  :  Member  of  Assembly,  288  ;  A 
committee  meet  at  the  house  of,  365  ;  Deceased,  472 ; 
His  widow  paid  his  wages  as  member  of  Assembly,  495. 


INDEX. 


2029 


HARDENBURGH  (HARDENBROOK),  JOHN  :  Member  of  Assembly,  [ 
704,  706,  745,  761,  780,  784,  806,  894,  896,  S99,  920,  930, 
932,  933,  936,  1053,1055,  1058,  1060,  1061,1077;  Colonel, 
orders  a  party  out  agaiust  Indians,  1340. 

HARDENBROOK,  SARAH  :     472,  495. 

HARDING,  JAMES  :     265. 

HARDY  :     See  GOVERNOR. 

HAREN  CASPEL,  ISAAC  VAN  :     Naturalized,  1065. 

HARING  (HERRING),  ABRAHAM  :  Member  of  Assembly,  379, 
894,  899,  910,  912,  932,  933,  935,  936,  939,  949,  1382, 
1383,  1404,  1421,  1452,  1491,  1495,  1497,  1498,  1523, 
1573,  1574,  1605,  1640,  1646,  1652. 

HARING,  (  HERRING)  CORNELIUS  :  Member  of  Assembly,  553, 
616,  664. 

HAEING,  (  HEERING;  HERRING  )  PETER  :  Member  of  Assem 
bly,  425,  436,  449,  453. 

HAKISON,  FRANCIS  :     Member  of  Council,  451-649. 

HARLEM:     See  NEW  YORK. 

HAKPAIN,  JAMES  :     1031 ;     Naturalized,  1065. 

HARRIS,  Mr. :  A  committee  of  conference  to  meet  at  the 
house  of,  303,  308,  309,  349,  351. 

HABT,  LEVY  :     1246. 

HARTEL,  HANNIS:     Naturalized,  1751. 

HAKVEY,  MATHIAS  :     v. 

HASBKOOK,  ABRAHAM  :  Member  of  Assembly,  125,  136,  747, 
780,  784,  823,  826,  828,  866,  1026,  1029,  1362,  1383, 1415, 
1428,  1443,  1470,  1487,  1490, 1497,  1512, 1515,  1536,  1543, 
1546,  1568,  1571,  1572,  1573,  1580,  1590, 1601, 1604, 1605, 
1608,  1626. 

HAVANNAH  :     Its  reduction  announced,  1483. 

HAWDON,  (HARDING;  HAREDOX  )  MICHAEL  :  Member  of  As 
sembly,  266,  271. 

HAWKERS  AND  PEDDLERS: 

The  grand  jury  of  New  York  present  a  petition  against,  355. 
Hawkers  and  Peddlers  Licensing  Bill  : 

Brought  up  and  read,  369  ;     Committed,  370  ;     Passed, 

and  Assembly  acquainted,  371 ;     Enacted,  373. 
Revived  and  continued,  430. 
Reenacted,  591. 
Revived,  625. 

The  Assembly  pass  a  resolution  to  exempt  Margaret 
Westervelt  from  the  tax  imposed  by  the  act,  610 ; 
The  Council  non-concur,  610. 

Hawkers  and  Peddlers  Restraining  Bill: 

Brought  up,  read   and   committed,  706  ;     Passed,   and 

Assembly  acquainted,  707;     Enacted,  712. 
Reeuacted,"  750,  1391,  1750. 
Continued,  874,  1093,  1559,  1582,  1762,  1822. 
Revived,  1893,  1927,  1990. 

Hawkers  and  Peddlers  Prevention  Bill: 

Brought  up  and  read,  1606  ;  Committed,  1607  ;  Pas 
sed,  and  Assembly  acquainted,  1603  ;  Enacted,  1613. 

HAWXUCRST,  SAMPSON  :     See  QUEENS  COUNTY. 
HAWXHURST,  WILLIAM  :     712. 
HAYS,  DAVID  :     Naturalized,  590. 
HAYS,  JACOB  :     Naturalized,  501,  506. 
HAYS,  JUDAH:     Naturalized,  590. 

HEALTH,  PUBLIC  :     Measures  recommended  for  the  preserva 
tion  of  the,  190.     See  QUARANTINE. 
HEARING,  HENRY  :     Naturalized,  1682. 

HEATIICOTE,  CALEB  :  Member  of  the  Council,  25,  29,  32,  35, 
44  47-54,  67-75,  78-105,  176-193,  196-204,  207-216,  222, 
225  226,  228,  229,  232,  235,  236,  238,  239,  277-282,  289, 
290,  313,  317-325,  335-342,  352,  354,  358-366,  432,  442, 
444_457  ;  His  extravagant  grants  ordered  broken,  137  ; 
Member  of  Assembly,  167. 

HELLGATE  NECK  :     See  LAWRENCE,  THOMAS. 

HEMP: 

The  Legislature  recommended  to  encourage  the  cultivation 

of,  661. 
A  bounty  offered  for  raising,  1530 ;     Produces  no  effect, 

1540  ;  An  inspector  of,  authorized  to  be  appointed,  1682. 
See  INSPECTION. 


HEMPSTEAD  :     See  CATTLE  ;     QUEENS. 

HETT  ads.  MEDINA  :  Printed  decree  in  the  case  of,  referred 
to,  568. 

HETT,  SARAH  :     568. 
HEYNEY,  CONRAD:     Naturalized,  1682. 
HEYNEY,  FREDERICK  :     Naturalized,  1682. 
HICKS,  BENJAMIN  :     Member  of  Assembly,  545. 
HICKS,  DANIEL  :     Abstract  of  his  will,  531. 

HICKS,  ISAAC:  Member  of  Assembly,  400,  427,  436,  445, 
453,  455,  457,  473,  474,  481,  504,  509,  511,  514,  527,  529, 
530,  533,  541,  559,  561,  562,  566,  584,  589,  593,  597,  616, 
622,  627,  628,  639,  718. 

HICKS,  JOHN  :     v. 

HICKS,  THOMAS  :     Member  of  Assembly,  167. 

HICKS,  THOMAS  :     Petition  of,  531. 

HICKS,  THOMAS  :  Member  of  Assembly,  1366,  1381,  1383, 
1388,  1412,  1413,  1415,  1418. 

HICKS,  WHITEHEAD  :     Deceased,  531. 

HICKS,  WHITEHEAB  :     1326  ;     Alderman,  1525. 

Hicks  Estate    Vesting  Bill  : 

Brought  up,  read  and  committed,  533  ;  Passed,  and 
Assembly  acquainted,  534  ;  Enacted,  537. 

HIDES  :     See  EXPORTATION. 
HIGBY,  Captain  :     242,  246. 
HIGH  TREASON  :     See  CRIMES. 

HIGHWAYS : 

Highways  and  Fences  Regulation  Bill : 
Brought  up,  passed,  and  Assembly  acquainted,  6  ;     En 
acted,  7. 

Highways  Laying  out  Bill: 

Brought  up  and  read,  192  ;     Committed,  192  ;     Passed, 

197;     Enacted,  204. 
Continued,  with  amendments,  234;     Imperfections  of, 

247. 
Act  passed  repealing  proviso  in,  448. 

Highways  Laying  out  and  Richmond  County  House  and 

Jail  Erection  Bill  : 

Brought  up,  217  ;  Read,  218 ;  Committed,  219  ;  Pas 
sed,  219;  Enacted,  221. 

Highways  Act  Explanatory  Bill : 

Brought  up  and  read,  263;  The  mayor,  &c.,  of  New 
York,  heard  by  counsel  against,  264 ;  Committed, 
264;  Amended,  and  sent  for  concurrence  to  the  As 
sembly,  266  ;  Disagreed  to  by  that  House,  and  a  con 
ference  requested,  268  ;  Progress,  271 ;  Enacted, 
274. 

Highways  further  Laying  out  Bill : 

Brought  up,  read  and  committed,  359  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  362  ;  Disagreed 
to  by  that  House,  364 ;  Council  order  reasons  for 
adhering  to  be  drawn  up,  365  ;  Reasons  approved, 
and  a  conference  requested,  365,  366 ;  Council  re 
cede,  366 ;  Enacted,  367. 

Continued,  461. 

Highways  Better  Clearing  and  further  Laying  out  Bill : 
Brought  up,  read  and  committed,  467 ;     Amended,  and 

sent  for  concurrence  to  the  Assembly,  470 ;     Agreed 

to  by  that  House,  472 ;     Enacted,  476. 
Continued,  506. 

Clause  in  Highways  Act  Continuation  Bill  : 
Brought  up  and  read,  469  ;     Committed, 470  ;     Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  470  ; 
Passed,  and  Assembly  acquainted,  471 ;      Enacted, 
476. 
Continued,  486. 

Highways  Better  Clearing  and  Laying  out  Bill: 
Enacted,  601. 
Continued,  625. 
Further  continued,  750. 
Explanatory  Act,  845.    See  Kingt. 


2030 


INDEX. 


HIGHWAYS :  —  Continued. 

ALBANY  COUNTY : 
Highways  further  Laying  out  Bill  : 

Brought  up  and  read,  502;     Committed,  504;     Passed, 

and  Assembly  acquainted,  504;     Enacted,  506. 
Again  enacted,  1406 ; 
Altered  and  explained,  1423. 
Amended,  1682. 

Highicays  west   of  Kaghnewage  Creak   Laying  out   "Bill: 
Brought  up,  read  and  committed,  547  ;      Passed,  and 
Assembly  acquainted,  548  ;     Enacted,  550. 

High  Roads  Better  Clearing  and  Laying  out  Bill  : 
Brought  up  and  read,  586 ;     Committed,  587  ;     Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  588 ; 
Enacted,  590. 
Continued,  656. 

Tower joinc  and  Kaghnewage  Creek  Road  Repaits  Bill : 
Brought  up,  read   and  committed,  641 ;     Passed,   and 
Assembly  acquainted,  643  ;     Enacted,  645. 

Highways  Better  Clearing  and  further  Laying  out  Bill : 
Brought  up  and  read,  805  ;     Committed,  807  ;     Passed 
and  enacted,  808. 

High  Roads  Act  Additional  Bill  : 

Brought  up  and  read,  828  ;  Committed,  829  ;  Ordered 
3d  reading,  830  ;  Passed,  and  Assembly  acquainted, 
831;  Enacted,  837. 

Highways  in  City  and  County  Bill: 

Brought  up  and  read,  1054 ;  Committed,  1055  ;  Or 
dered  3d  reading,  1058  ;  Passed,  and  Assembly  ac 
quainted,  1059  ;  Enacted,  1065. 

Amended,  1462. 

Commissioners  of  Highways  Appointment  Bill : 
Brought  up  and  read,  1546;     Committed,  1550  ;     Pas 
sed,  and  Assembly  acquainted,  1553;    Enacted,  1560. 

Commissioners  of  Highways  Appointment  Bill  : 
Brought  up,  read  and  committed,  1604 ;     Passed,  and 
Assembly  acquainted,  1605  ;     Enacted,  1613. 

Highways  more  effectual  Provision  Bill : 

Brought  up  and  read,  1690  ;  Committed,  1691 ;  Mes 
sage  from  the  Assembly  to  inquire  what  progress  has 
been  made,  1697  ;  Motion  for  3d  reading  negatived, 
and  bill  rejected,  1700. 

Albany  Highways  Acts  Revii-al  Bill: 
Enacted,  1751,  1790. 

Albany  and  Tryon  Highways  Bill  : 

Bill  brought  up  and  read,  1839  ;  Committed,  1840 ; 
Passed,  1842;  Assembly  acquainted,  1843;  Enacted, 
1849. 

Again  enacted,  1872. 
Amended,  1928. 

Albany  and  Tryon  Highways  Bill  : 

Brought  up  and  read,  1971 ;  Committed,  1972 ;  Amend 
ed,  passed,  and  sent  for  concurrence  to  the  Assembly, 
1976;  Agreed  to  by  that  House,  1977;  Enacted,  1992. 

CHARLOTTE  COUNTY  : 
Charlotte  County  Highways  Bill  : 
Brought  up  and  read,  1837;    Committed,  1839  ;  Passed, 

and  Assembly  acquainted,  1843  ;    Enacted,  1849. 
Amended,  1937. 

CUMBERLAND  COUNTY: 
Cumberland  County  Highways  Bill: 

Brought  up  and  read,  1609  ;     Committed,  1610  ;     Pas 
sed,  and  Assembly  acquainted,  1611 ;     Enacted,  1613. 
Revived  and  continued,  1822. 

Its  provisions  extended  to  Gloucester  county,  1894. 
Amended,  1928. 

DUTCH  ss  COUNTY: 
Dutchess  County  High  Roads  Bill : 

Brought  up  and  read,  574;     Committed,  575  ;     Passed, 

and  Assembly  acquainted,  576  ;     Enacted,  581. 
Act  revived,  625. 
Other  Dutchess  county  road  acts,  passed,  712,  874, 1124. 

Charlotte  and  Amenia  Precincts  Road  Bill: 
Brought  up  and  read,  1497;     Committed,  1499;     Pas 
sed,  and  Assembly  acquainted,  1500 ;     Enacted,  1502. 


HIGHWAYS :  —  Continued. 

Dutchess  County  Road  Bill : 

Brought   up,    1823;     Read,  1824;     Committed,    1826; 

Passed,  1828  ;     Enacted,  1835. 
Amended,  1872. 

KINGS  COUNTY  : 
Kings,  Queens,  Richmond  and  Orange  Counties  Highways 

Bill  .- 
Brought  up,  read  and  committed,  597 ;     Passed,   and 

Assembly  acquainted,  598;     Enacted,  601. 
Act  continued,  625. 

Further  continued,  with  additions,  750. 
Explanatory  act  enacted,  845. 
Again  enacted,  904. 

ORANGE  COUNTY : 
Sterling  Iron  Works  Road  Bill  : 

Brought  up,  read  and  committed,  1404;  Passed,  and 
Assembly  acquainted,  1405  ;  Enacted,  1406. 

North  of  the  Highlands  Road  Bill  : 

Brought  up  and  read,  1421 ;  Passed,  and  Assembly  ac 
quainted,  1422;  Enacted,  1423. 

North  of  the  Highlands  Road  Hill  : 

Brought  up  and  read,  1572;  Committed,  1573;  Pas 
sed,  1576;  Assembly  acquainted,  1577;  Enacted, 
1583. 

Amended,  1751. 

Amending  act  amended,  1790. 

Orange  County  Highways  Bill: 

Brought  up,  1880 ;     Read,  1881  ;     Passed,  and  Assem 
bly  acquainted,  1886  ;     Enacted,   1894. 
Amended,  1937.     See  Ulster. 

QUEENS  COUNTY  : 

Queens  County  Highways  Setter  Clearing  Bill : 
Enacted,  601. 
Continued,  625. 

Further  continued,  witli  additions,  750. 
Explanatory  act,  845. 

Queens  County  Highways  Better  Laying  out  Sill  : 
Brought  up  and  read,  1415;     Committed,  1416;     Or 
dered  3d  reading,  1418  ;     Passed,  and  Assembly  ac 
quainted,  1419  ;     Enacted,  1423. 

Queens  County  Highways  Better  Regulating,  and  Part  of 
an  Act  Repealing,  Hill  : 

Brought  up,  read  and  committed,  1642.     See  Kings. 

RICHMOND  COUNTY  : 
Richmond  County  Highways  Bill : 
Enacted,  601. 
Continued,  625. 

Furthtr  continued,  with  additions,  750. 
Explanatory  act,  845.     See  Kings. 

Richmond  County  Highways  Bill  : 

Brought  up,  read,  committed  and  passed,  1558  ;  Enact 
ed,  1561 ;  Continued,  1646. 

Richmond  County  Highways  Better  Laying  out,  and  two 
Acts  Suspension,  Jiill  : 

Brought  up  and  read,  1817 ;  Committed,  1818 ;  Passed, 
and  Assembly  acquainted,  1819. 

Richmond  County  Highways  Bill  : 

Brought  up  and  read,  1874  ;  Committed,  1876  ;  Pas 
sed,  and  Assembly  acquainted,  1887  ;  Enacted,  1894. 

SCHOHARIE  : 

Schoharie  Highways  Hill : 
Brought  up,  passed,   and  Assembly  acquainted,   616  ; 

Enacted,  517. 
Revived,  562. 

SUFFOLK   COUNTY : 

A  clause  in  the  highway  act  continued  so  far  as  it  relates 
to,  476,  486. 

Suffolk  County  Highways  Sill  : 

Brought  up,  read  and   committed,  509;     Report,  511; 
Passed,  and  Assembly  acquainted,  512;  Enacted,  517. 
Continued,  536. 
Further  continued,  590. 
Again  enacted,  625. 
Continued,  with  additions,  750. 


INDEX. 


2031 


HIGHWAYS  -.—Continued. 

Amended,  904.  1873. 

Three  preceding  acts  revived,  1991. 

Corey's  Road  Alteration  Bill : 

Brought  up,  read  and  committed,  783 ;  Passed,  and 
Assembly  acquainted,  787 ;  Enacted,  795. 

Highway  Acts  therein  mentioned  Continuation  Bill: 
Brought  up  and  read,  1054  ;    Committed,  1055  ;    Passed, 
and  Assembly  acquainted,  1059  ;     Enacted,  1064. 

Suffolk  County  Highways  Act  Continuation  Bill: 
Brought  up,  read  and  committed,  1550;  Enacted,  1560. 
Further  continued,  1707. 

ULSTKR  COUNTY  : 

Ulster  Coun'y  Highways  and  Byways  Mending  Bill: 
Brought    up,    155,  161;     Read    and    committed,    162; 
Passed,  and  Assembly  acquainted,  166  ;    Enacted,  171. 

Ulster  County  Highways  Better  Completing  Bill : 

Brought  up,  read  and  committed,  579  ;  Passed,  and 
Assembly  acquainted,  579  ;  Enacted,  582. 

Ulster  County  High  Roads  Bill  : 

Brought  up,  read  and  committed,  585  ;     Amended,  and 
sent  for  concurrence  to  the  Assembly,  587  ;     Agreed 
to  by  that  House,  588 ;     Enacted,  590. 
Continued,  625. 
Further  continued,  056. 

Ulster  County  High  Roads  Bill  : 
Brought  up  and  read,  828  ;     Committed,  829  ;     Ordered 

3d  reading,  830  ;     Passed,  r.nd  Assembly  acquainted, 

831 ;     Eniicted,  837. 
Continued,  1065. 

Ulster  County  High  Roads  Sill: 

Brought  up,  read  and  committed,  1077;  Ordered  3d 
reading,  1078  ;  Passed,  1079  ;  Assembly  acquainted, 
1080;  Enacted,  1093 

Ulster  County  High  Roads  Bill: 

Brought  up  and  read,  1227  ;  Committed,  1229  ;  Pas 
sed,  and  Assembly  acquainted,  1234;  Enacted,  1247. 

Ulster  County  Highways  Bill: 
Brought  up,  read  and  committed,  1573  ;     Passed,  and 

Assembly  acquainted,  1577  ;     Enacted,  1583. 
Amended,  1894. 

Precincts  Roads  Repairs  Bill: 

Brought  up  and  read,  1729  ;  Committed,  1730;  Pas 
sed,  and  Assembly  acquainted,  1733  ;  Enacted,  17ul. 

[  This  act  applies  to  Newburgh,  New  Windsor  and  Wall  Kill 
Precincts.  1 

Ulster  County  Highways  Laying  out,  and  two  Acts  Sus 
pending  Bill : 
Brought  up  and  read,  1840  ;     Committed,  1841. 

Ulster  County  Highways  Additional  Bill  : 
Brought  up  and  read,  1916  ;     Committed,  1917  ;     Pas 
sed,  and  Assembly  acquainted,  1919  ;     Enacted,  1928. 

WESTCHESTER  COUNTY  : 
Westchester  County  High  Roads  Bill  : 
Brought  up  and  read,  571 ;     Passed,  and  Assembly  ac 
quainted,  576 ;     Enacted,  581. 
Revived,  599,  625. 
Another  road  act  passed,  674. 

An  act  passed  to  alter  part  of  the  last  mentioned  act,  845. 
Amended,  1928. 

Westchester  County  Highways  Bill  : 

Brought  up,  895  ;  Committed,  897  ;  Passed,  and  As 
sembly  acquainted,  898  ;  Enacted,  904 ;  An  act 
passed  to  alter  part  of,  1066. 

Continued,  with  some  alterations,  1255,  1583. 

Revived,  1751. 

Westchester  Borough  Highways  Regulation   and  Repairs 

Bill  : 
Brought  up  and  read,  1866  ;     Committed,  1867  ;     The 

Assembly  inquire  what  progress  has  been  made  in  the 

bill,  1880  ;     Passed,  and  Assembly  acquainted,  1890  ; 

Enacted,  1894. 
Repealed,  1928. 

HILL,  JOHN  :     Naturalized,  1708. 
HINSHA.N,  ABKAUAM :     Naturalized,  637. 


HOIN,  GODFREY  :     Naturalized,  1065. 

HOLDERNESSE,  Earl :  The  King  approves  of  the  resolution 
of  the  House  of  Assembly  on  the  letter  of,  1147. 

HOLLAND,  EDWARD:  934;  Member  of  the  Council,  1021- 
1270. 

HOLLAND,  HENRY:  Member  of  Assembly,  1434,  1449,  1451, 
1454,  1458,  1460, 1497,  1512,  1518,  1525,  1527,  1641,  1550, 
1556, 1574, 1578,  1590,  1594,  1608,  1626,  1635,  1644,  1647, 
1649,  1662,  1667,  1670,  1676. 

HOOPER,  ROBERT  LETTICE  :     Obtains    a  monopoly  for  refining 
sugar,  461 ;     Monopoly  abolished,  562. 
See  MANUFACTURES. 

HOREKILLS  :  An  expedition  sent  in  search  of  a  French  pri 
vateer  to  the,  230. 

HORSMANDEN,  DANIEL  :  Member  of  Council,  R27-1991 ;  Re 
corder  of  New  York,  665  ;  Chief  justice,  1997. 

HORSES : 

Stallions  at  large  Prevention  Bill  : 

Brought  up  and  read,  424  ;  Amended  and  sent  for  con 
currence  to  the  Assembly,  425 ;  Agreed  to  by  that 
House,  427 ;  Enacted,  430. 

Horse  Stealing  Prevention  Bill  : 

Brought  up,  read  and  committed,  427;  Amended,  and 
then  rejected,  429. 

Stallions  at  large  Act  Revival  Bill  : 
Brought  up,  read  and  committed,  527;  Title  amended, 
528  ;  Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  528 ;  Agreed  to,  and  further  amended  by  that 
House,  530  ;  Agreed  to  by  the  Council,  and  Assem 
bly  acquainted,  530  ;  Enacted,  536. 

Stallions  at  large  Prevention  Bill : 

Brought  up  and  read,  633  ;     Committed,  634;     Passed, 

and  Assembly  acquainted,  635  ;     Enacted,  637. 
Continued,  785. 

HORTEG,  JOHANNES  :     Naturalized,  1682. 

HOSICK  :  Cut  off,  1166 ;  French  Indians  make  a  descent 
on,  1199. 

HOUSE  OF  CORRECTION  :     See  WESTCHESTEE. 
HOUTSCHILT,  ERNST  :     Naturalized,  1093. 
HOUTVAT,  ADRIAN:     1031;     Naturalized,  1065. 
HOWELL,  JOHN  :     iv,  v. 

HOWELL,  MATHEW  :     Member  of  Assembly,  3,  7,  18,  22,  52, 

60,  65,  68,  93,  124,  136,  140,  200,  201,  206. 
HOYER,  Mr. :     883. 
HUBBARD,  JAMES  :     v. 
HUDDY,  Lieutenant:     355. 
HUDSON  RIVER  :     Closed,  88 ;     Proposal  to  remove  the  duties 

paid  on  goods  carried  up,  192;     A  return  of  what  said 

duties  annually  amount  to,  ordered,  192;     Proposal  falls 

through,  204. 

See  REVENUE. 

HUGHES,  MARY  WALTON  :     1790. 

HUILLETT  ISLAND  :     Annexed  to  Queens  county,  12. 

HUNT,  JESSE  :     Empowered  to  build  a  bridge,  1992. 

HUNT,  JOSIAH:     Member  of  Assembly,  206,  211. 

HUNT,  OBADIAH  :     A  committee  to  meet  at  the  house  of,  584. 

HUNTER  :     See  GOVERNOR. 

HUKLEY  :     See  ULSTER. 

HCTCHINS,  JOHN  :     193.     See  BAYARD. 

HUTCHINSON,  SAMUEL  :  Member  of  Assemblv,  467,  468,  469, 
482,  486,  509,  526,  556,  579,  584,  586,  594,  616,  626,  652, 
669,  672. 

I. 

IMMIGRATION : 

Several  Scotch  families  arrive  at  New  York,  722. 
See  SERVANTS. 

IMMORALITY  : 

Immorality  Suppression  Bill  : 

Brought  up  and  read,  250  ;  Committed,  251 ;  Read  3d 
time,  and  returned  to  the  Assembly,  262 ;  Enacted, 
263. 

See  SWEARING. 


2032 


INDEX. 


IMPRESSMENT: 
Vagrants  recommended  to  be  impressed,  317. 

Impressment  Bill : 

Presented  by  Mr.  Horsmanden,  read  and  committed, 
934  ;  Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  935  ;  Amended  by  that  House,  939  ;  Amend 
ment  not  agreed  to  by  the  Council,  939  ;  Assembly 
adhere  and  Council  agree,  940  ;  Bill  amended  ac 
cordingly,  940 ;  Enacted,  943. 

Impressment  Sill : 

Brought  up  and  read,  1193  ;  Committed,  1194 ;  Passed, 
and  Assembly  acquainted,  1194  ;  Enacted,  1196. 

Impressment  Bill  : 

Brought  up  and  read,  1366;  Committed,  1367;  Passed, 
and  Assembly  acquainted,  1368  ;  Enacted,  1369. 

Carriage  Rates  Limitation  Hill  : 
Brought  up,  read  and  committed,  1259  ;     Passed,  and 

Assembly  acquainted,  1260;     Enacted,  1260. 
An  act  passed  to  amend,  1298. 

IMPRISONMENT  FOE  DEBT  :     See  INSOLVENTS. 

INDEMNITY  : 

For  the  collector  and  receiver-general  for  receiving  several 
small  sums  of  money  on  pretence  of  custom  and  duty,  9. 

Indemnity  Hill : 

Brought  up  and  read,  124;  Amended,  and  sent  for 
concurrence  to  the  Assembly,  125  ;  Agreed  to  by 
that  House,  126  ;  Passed,  and  Assembly  acquainted, 
128 ;  Enacted,  143. 

INDEPENDENCE : 

The  plantations  suspected  of  aiming  at,  768. 

INDIAN  AFFAIRS  :     Letter  from  commissioners  of,  858. 

INDIAN  COUNTRY  :  Two  forts  with  a  chapel  in  each,  building 
in  the,  323,  326 ;  To  be  garrisoned  by  regular  troops, 
332;  The  queens  arms  set  up  in,  337. 

INDIAN  SLAVES:     xxii.     See  SLAVES. 
INDIAN  TRADE  :     See  TRADE. 

INDIANS : 

Effort  to  open  a  trade  with  the  far,  14 ;  The  five  nations 
disposed  to  make  peace  with  the  French,  55  ;  Make 
peace  with  Canada,  58  ;  Great  sufferers  by  the  French 
invasion,  95  ;  Means  to  be  adopted  for  their  conver 
sion,  125  ;  Require  protestant  ministers  and  a  fort,  144 ; 
Five  nations  convey  a  vast  tract  to  the  king,  157; 
Deed  from,  not  necessary  to  a  good  title  to  land,  165; 
Cut  off  Deerfield,  208  ;  Waghanas  threaten  to  attack 
the  five  nations,  224;  Presents  demanded  for  the  five 
nations  and  Schackhook  Indians,  247;  Particulars 
thereof,  248  ;  About  to  conclude  a  treaty  of  peace  with 
the  five  nations,  277;  Five  nations  invited  to  assist  in 
the  expedition  against  Canada,  279  ;  Serve  in  the  Ca 
nada  expedition,  312;  Advices  received  from  the 
Cinekes,  327  ;  The  governors  of  New  England  ask  that 
they  be  employed  against  the  French,  331 ;  Tuscaroras 
at  war  with  Carolina,  337;  The  Sinecs  threaten  the 
Indians  of  Hudson  river,  338;  Tuscaroras  joined  by 
the  five  nations,  340  ;  Five  nations  forbid  to  receive  the 
Tuscaroras,  356  ;  Resident  agents  recommended  to  be 
appointed  among  the  Onondagas  and  Senecas,  519  ;  Acts 
passed  to  prevent  buying  arms,  ammunition  or  presents 
from,  1020,  1369. 

Five  Nations  Fidelity  Securing  Sill  : 

Brought  up,  read  twice  and  committed,  148 ;  Report, 
149;  Passed,  149;  Recommended  to  be  repealed, 
150. 

Five  Nations  Fidelity  Securing  Act  Repeal  Sill  : 

Brought  up,  read  and  committed,  154 ;  Amended,  154  ; 
Sent  for  concurrence  to  the  Assembly,  154;  Enacted, 
155. 

Rum  Selling  to  Indians  Prohibition  Bill: 

Introduced,    280;     Sent   to   the  Assembly    281-     En 
acted,  282. 
Revived,  295,  320,  331,  342. 

Rum  Selling  to  Indians  Prohibition  Sill  : 

The  Attorney-general  ordered  to  prepare  357-  Pre 
sented,  read  and  committed,  357;  Passed,  and  sent 
lor  concurrence  to  the  Assembly,  358 ;  Amended  by 
that  House,  and  amendments  committed,  359 ;  Agreed 


INDIANS :  —  Continued. 

to,  and  further  amended,  362;     Sent  for  concurrence 
to  the  Assembly,  366. 

Rum  Selling  to  Indians  Prohibition  Bill  : 

Brought  up,  read  and  committed,  1201 ;     Passed,  and 

Assembly  acquainted,  1202  ;     Enacted,  1207. 
Continued,  1268. 

Rum  Selling  to  Indians  Prohibition  Bill  : 

Brought  up,   read  and  committed,   399  ;     Passed,  and 
Assembly  acquainted,  400 ;     Enacted,  400. 
See  OSWEGO. 

INFECTIOUS  DISEASES  : 

The  Legislature  recommended  to  enact  laws  to  prevent  the 
introduction  of,  839. 

See  QUARANTINE. 

INFORMATIONS  : 

Prosecutions  by  Informations  Prevention  Bill  : 

Brought  up,  read  and  committed,  374 ;  Reported, 
amended,  and  sent  for  concurrence  to  the  Assembly, 
375. 

A  printed  paper,  entitled  An  Information,  referred  to  of 
a  committee  of  conference,  419. 

Prosecutions  by  Informations  Prevention  Bill  : 

Again  brought  up  and  read,  559  ;  The  attorney-general 
to  be  served  with  a  copy,  559  ;  Committed,  and 
attorney-general's  objections  referred,  560  ;  Provisos 
added,  560 ;  Passed,  and  sent  for  concurrence  to  the 
Assembly,  560  ;  Disagreed  to  by  that  House,  and 
further  amended,  561  ;  Council  recede  and  Assembly 
acquainted,  561;  Enacted,  562;  Declared  void, 
826. 

Prosecutions  by  Informa/ions  Regulation  Bill  : 

Brought  up  and  read,  810  ;  Attorney-general  applies 
for  a  copy,  811 ;  Committed,  811  ;  Counsel  heard 
against  and  progress  reported,  811 ;  Further  con 
sideration  postponed  until  next  session,  812. 
Again  brought  up  and  read,  825  ;  Committed,  826 ; 
Memorial  of  attorney-general  against,  826  ;  Counsel 
heard  against,  827 ;  Progress  reported  and  committee 
allowed  to  sit  again,  827 ;  Ordered  to  lie  on  the  table 
and  the  judges  to  prepare  a  new  bill,  832 ;  Assembly 
inquire  what  progress  has  been  made  in  the  bill, 
832 ;  Ordered  to  be  acquainted,  832 ;  The  Assembly 
again  inquire  respecting  the  progres  of  the  bill, 
839. 

Prosecutions  by  Informations  Regulation  Bill : 

Presented  by  Mr.  De  Lancey  and  read,  841 ;  Committed, 

842  ;     Reported,  and  ordered  to  be  engrossed,  842  ; 

Passed,  and  sent  for  concurrence  to  the  Assembly, 

843. 
Again  brought  up  and  read,  881 ;      Committed,  882 ; 

Amended,  884. 
Again  brought  up  and  read,  1168  ;       Committed,  1169  ; 

Amended,   passed,  and  sent  for  concurrence  to  the 

Assembly,  1170;      Agreed  to  by  that  House,  1173; 

Title  changed  and  bill  entitled 

Malicious  Informations  Prevention  Bill : 

Returned  to  the  Council,  1173  ;     Enacted,  1181. 
INGOLDESBY  :     See  GOVERNOR. 

INHERITANCE  :     See  ALIENS  ;     POSTHUMOUS  CHILDREN. 
INNS  :     See  TAVERNS. 

INOCULATION : 

In  Albany  Regulation  Bill :     Enacted,  1872. 
Continued,  1991. 

In  Queens  County  Regulation  Sill : 

Brought  up  and  read,  1883;  Committed,  1884;  Re 
jected,  1891. 

See  ALBANY. 

INSOLVENTS : 

Cox  and  Heysham  Relief  Bill : 

Brought  up  and  read,  1845  ;  Committed,  1846  ;  Passed, 
and  Assembly  acquainted,  1848;  Enacted,  1849. 

De  Peyster  Relief  Bill  : 

Brought  up,  1746;  Read  and  committed,  1747; 
Passed,  and  Assembly  acquainted,  1749  ;  Enacted, 
1751. 


INDEX. 


2033 


INSOLVENTS :  —  Continued. 

Forman's  Assignees  Discharging  Bill  : 

Brought  up,  read  and  committed,  1787. 

Again  brought  up  and  read,  182(i;      Committed,  1827; 

Passed,  1831 ;  Assembly  acquainted,  1832  ;    Enacted, 

1850. 

Seabury  Relief  Bill  : 

Brought  up  and  read,  1779  ;  Committed,  1781 ;  Passed, 
and  Assembly  acquainted,  1782;  Enacted,  1790. 

Insolvents  Relief  from  Imprisonment  Bill  : 

Brought  up  and  read,  598  ;  Committed,  599  ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  600 ; 
Agreed  to  by  that  House,  600 ;  Enacted,  602. 

Forty  Shilling  Insolvents  Relief  Bill  : 

Brought  up,  616;  Read,  617;  Committed,  618; 
Amended,  and  sent  for  concurrence  to  the  Assembly, 
619  ;  Agreed  to  by  that  House,  619  ;  Enacted,  625. 

Insolvents  Relief  from  Imprisonment  Bill  : 

Brought  up,  read  and  committed,  830 ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  831 ;  Agreed 
to  by  that  House,  832  ;  Enacted,  837. 

Insolvents  Relief  from   Imprisonment  Bill : 

Brought  up  and  read,  1010;  Committed,  1011  ;  Ordered 
3d  reading,  1012;  Passed,  and  Assembly  acquainted, 
1013  ;  Enacted,  1015. 

Insolvents  Relief  from  Imprisonment  Bill : 

Brought  up  and  read,  1062  ;  Committed,  1064  ;  Passed, 
1064;  Enacted,  1066. 

New  York  City  Insolvents  Relief  from  Imprisonment  Bill : 
Brought  up  and  rend,  1080;   Committed,  1081;  Passed, 

and  Assembly  acquainted,  1084;     Enacted,  1093. 
Reenacted,  1144. 

New  York  and  Westehester  Insolvents  Relief  from  Impri 
sonment  Bill : 

Brought  up  and  read,  1173;  Committed,  1174;  Passed, 
and  Assembly  acquainted,  1178;  Enacted,  1181. 

Insolvents  Properly  Surrender  and  Release  from  Imprison 
ment  Bill  : 

Brought  up,  read  and  committed,  1213  ;  Passed,  an4 
Assembly  acquainted,  1207;  Enacted,  1207. 

Revived,  1299. 

Repealed,  1438. 

New  York  and  Albany  Insolvents  Relief  from  Imprison 
ment  Bill : 

Brought  up  and  read,  1226  ;  Committed,  1227;  Passed, 
and  Assembly  acquainted,  1228;  Enacted,  1230; 
Its  provisions  extended  to  imprisoned  debtors 
throughout  the  Colony,  1284.  „ 

Insolvents  Estates  Disposal  Bill: 

Brought  up  and  read,  1241 ;  Committed,  1242  ;  Pas 
sed,  Messrs.  Alexander  and  Smith  dissenting,  1245  ; 
Assembly  acquainted,  1245  ;  Enacted,  1248. 

Repealed,  1438. 

Insolvents  Assignments  Confirmation  Bill  : 

Brought  up,  1304  ;     Read  and  committed,  1365  ;     Pas 
sed,  1307;      Assembly  acquainted,  1368;     Enacted, 
1369. 
Repealed,  143S. 

Insolvents  Relief,  and  Acts  therein  mentioned  Repeal,  Bill: 
Brought  up,  read  and   committed.  1434  ;     Passed,  and 

Assembly  acquainted,  1436  ;     Enacted,  1438. 
Continued,  1530. 

Benefits  of  Insolvent  Acts  securing  to  Creditors  Bill : 
Brought  up  and  read,  1580;     Committed,  1581;     Or 
dered  3d  reading,  1581  ;     Passed,  and  Assembly  ac 
quainted,  1582;     Enacted,  1582. 

Insolvent  Acts  Continuation  Bill : 

Brought  up,  read  and  committed,  1611  ;  Passed,  and 
Assembly  acquainted,  1612;  Enacted,  1613. 

Insolvent  Acts  Repeal  Bill : 

Presented  by  Mr.  \V:itts,  read  and  committed,  1631  ; 
Amended,  1636 ;  Passed,  1637 ;  Sent  for  concur 
rence  to  the  Assembly,  1638 ;  Agreed  to  by  that 
House,  1643. 

255 


INSOLVENTS :  —  Continued. 

Poor  Debtors  Imprisonment  Prevention  Bill  : 

Presented  by  Mr.  De  Lancey  and  read,  1636;  Com 
mitted,  1638;  Amended,  1639;  Passed,  and  sent 
for  concurrence  to  the  Assembly,  1640. 

Insolvents  Relief  from  Imprisonment  Bill : 

Brought  up  and  read,  1738;  Committed,  1740;  Passed, 
1742;     Assembly  acquainted,  1743;     Enacted,  1751. 
Amended  and  continued,  1789. 

Insolvents  Relief  Bill  : 

Brought  up  and  read,  1843  ;  Committed,  1845  ;  Passed, 
and  Assembly  acquainted,  1848  ;  Enacted,  1849. 

Insolvents  Relief  from  Imprisonment  Bill : 

Brought  up  and  read,  1845  ;  Committed,  1846  ;  Passed, 
and  Assembly  acquainted,  1848  ;  Enacted,  1849. 

Insolvents  Relief  from  Imprisonment  Bill : 
Brought  up  and  read,  1886;  Committed,  1887;  Passed, 
and  Assembly  acquainted,  1889  ;     Enacted,  1894. 

Insolvents  Relief  Bill  : 

Brought  up  and  read,  1886;  Committed,  1887;  Pas 
sed,  and  Assembly  acquainted,  1889 ;  Enacted, 
1894. 

Insolvents  Relief  from  Imprisonment  Bill  : 

Brought  up  and  read,  1931  ;  Committed,  1933  ;  Passed, 
and  Assembly  acquainted,  1934;  Enacted,  1937. 

Insolvents  Relief  Bill  : 

Brought  up  and  read,  1931 ;  Committed,  1933  ;  Pas 
sed,  and  Assembly  acquainted,  1935  ;  Enacted,  1937. 

Insolvents  Relief  from  Imprisonment  Bill  : 

Brought  up  and  read,  1985  ;  Committed,  1986  ;  Passed, 
and  Assembly  acquainted,  1989  ;  Enacted,  1992. 

Insolvents  Rilief  Bill: 

Brought  up  and  read,  1984  ;  Committed  and  passed, 
1986 ;  Enacted,  1992. 

INSPECTION : 
An  inspection  of  flour  recommended,  631. 

Ashes  Inspection  Bill : 

Brought  up.  read  and  committed,  1694 ;     Passed,  1700  ; 

Mr.  Smith  dissents,  1700;     Enacted,  1707. 
Amended,  1789. 

Albany  Ashes  Inspector  Appointment  Bill : 

Brought  up  and  read,  1774;     Committed,  1775. 

Ashes  Inspection  Bill  : 

Brought  up  and  read,  1811 ;  Committed,  1812;  Amend 
ed,  passed,  and  sent  for  concurrence  to  the  Assembly, 
1824 ;  Agreed  to  by  that  House,  1824 ;  Enacted, 
1835. 

Ashes  Inspection  Acts  Revival  and  Amendment  Bill : 

Enacted,  1991. 
Beef  and  Pork  Repacking  Abuses  Prevention  Bill  : 

Brought  up,  762  ;  Committed,  763 ;  Ordered  3d  read 
ing,  764  ;  Passed,  765  ;  Assembly  acquainted,  766 ; 
Enacted,  766. 

Beef  and  Pork  Repacking  and  Branding  Bill  : 

Brought  up  and  read,  842 ;  Committed  and  passed, 
843  ;  Assembly  acquainted,  844  ;  Enacted,  845. 

Repackers  Appointment  Bill  : 

Brought  up  and  read,  1973  ;  Committed,  1975  ;  Re 
jected,  1980. 

Flax  Inspection  Bill : 

Brought  up  and  read,  1830  ;  Committed,  1831  ;  Pas 
sed,  and  Assembly  acquainted,  1833 ;  Enacted,  1849. 

Unmerchantable  Flour  Exportation  Prevention  Bill  : 
Brought  up  and  read,  1061 ;     Committed,  1062  ;     Pas 
sed,  and  Assembly  acquainted,  1064  ;     Enacted,  1065. 
Continued,  with  an  addition,  1107. 
Its  good  effects,  1127,  1308. 
Further  continued,  1317,  1559. 

Unmerchantable  Flour  Exportation  Prevention  Act  Amend 
ment  Bill  : 
Enacted,  1707. 


2034 


INDEX. 


INSPECTION :  —  Continued. 

Flour  Inspectors  and   Beef  and  Pork  Reporters  Appoint- \ 
mcnt  Bill: 

Brought  up  and  read,  1746  ;  Committed,  1747  ;  Mes 
sage  from  the  Assembly,  inquiring  what  progress  has 
been  made  in  the  bill,  1750  ;  Informed,  1750. 

Again  brought  up  and  read,  1767  ;  Committed,  1768  ; 
Amended,  1773;  Passed,  and  sent  for  concurrence 
to  the  Assembly,  1774;  Agreed  to  by  that  House, 
1775;  The  amendments,  1775  ;  Enacted,  1789. 

Its  provisions  extended  to  Westohester  county,  1822. 

Revived,  1894. 

Flour  Inspection  Further  Regulation  Bill: 

Brought  up  and  read  by  the  title,  Bill  to  prevent 
Flour  brought  into  this  Colony  for  sale  from  being 
branded  with  the  Colony  mark"  1773  ;  Committed, 
1774  ;  Amended,  and  sent  for  concurrence  to  the 
Assembly,  1770;  Agreed  to  by  that  House,  1776; 
Amendments,  1776  ;  Enacted,  1789. 

Unmerchantable  Flour  Exportation  Prevention  Bill: 

Brought  up  and  read,  1959  ;  Committed,  1962 ;  Amend 
ed,  passed,  and  sent  for  concurrence  to  the  Assembly, 
1988;  Amendments  disagreed  to,  and  conference 
requested,  1989  ;  Report,  1990 ;  Enacted,  1991. 

Hemp  Inspector  Appointment  Bill  : 
Brought  up  and  read,  1644. 
Again  brought  up  and  read,  1672;     Committed,  1673; 

Ordered  3d   reading,   1674  ;     Passed,  and  Assembly 

acquainted,  1675  ;     Enacted,  1682. 
Revived  and  continued,  1790. 

Sole  Leather  Improvement  Bill : 

Brought  up  and  read,  1704  ;     Committed,  1704; 
sed,  and  Assembly  acquainted,  1706. 

Sole  Leather  Inspection  Bill : 
Brought  up  and  read,  1729;     Committed,  1730; 


INTESTATE  ESTATES : 

Intestate  Estates  Better  Settlement  Bill  • 

Presented  by  Mr.  Morris  and  read,  1909  ;  Committed, 
1910;  Passed,  and  sent  for  concurrence  to  the  As 
sembly,  1913;  Agreed  to  by  that  House,  1918; 


Knacted,  1927. 


See  WILLS. 
See  AUCTIONS. 


INTOXICATING  LIQUORS  : 

IRON  :     See  FRAUDS. 

ISAACS,  AARON  :     Naturalized,  15CO. 

ISAACKS,  ABRAHAM  :     Naturalized,  506. 

ISAACS,  SAMUEL  ;     Naturalized,  1751. 


JABOIEN,  NICHOLAS  : 


J. 

Naturalized,  536. 


Pas- 


Pas-  i 

sed,  and  Assembly  acquainted,  1733;     Enacted   1750 
Amended,  1789. 
Again  enacted,  1808. 

Naval  Stores  Frauds  Prevention  Bill : 
Presented,  231 ;     Committed,  232. 

INSTRUCTIONS : 

For  the  agents  appointed   to  represent  the  state  of  the 

Province  to  his  Majesty,  88. 
To   John  Bleeker  and  captain  Schuyler,  approved,  124; 

Amended,  126. 
To  the  earl  of  Bellomont,  three  clauses  of,  laid  before  the 

Council,  125. 


JACKSON,  JOHN  :     Member  of  Assembly,  44,  50,  52   122   196 
206,  222,  305. 

JACKSON,  ROBERT  :     v. 

JACOBITES  :     A  new  coined  name,  42. 
!  JACOBS,  RYER,  44. 
|  JAILS  :      Much  wanted  in  New  York,  126. 

See  under  the  names  of  the  respective  cities  and  counties. 

JAMAICA  :     See  QUEENS. 

JAMES  II.  :     Abolishes  the  General  Assembly,  xvi. 

JAMISON,  DAVID  :  Clerk  of  the  Council,  100;  Mentioned 
163;  His  reasons  against  the  bill  to  confirm  an  agree 
ment  made  by  Thomas  Swartwout  and  Co.,  and  Gerret 
Aertsen  and  Co.,  164;  Observations  of  the  Council  there 
upon,  107;  Ordered  to  appear  and  furnish  his  further- 
reasons  against  tlie  bill,  170  ;  Appears  accordingly,  171; 
Counsel  for  Hurly  on  the  Marbletowu  boundary  Vill,  466^ 
See  SWARTWOUT,  THOMAS. 

JANSEN,  HENDRICK:     Member  of  Assembly,  504. 

JANSSEX  (JOHNSON)  JOHANNES  : 
301,  305,  407, 
471,  472,  485 

.  Bill  to  pay  him  brought  up,  402  ; 
acts  to  pay  him,  495,  517. 


Enacted,  417;     Other 


To  the  managers  of  the   conference,  on  the  part  of  the        brouSht  UP. 


1308. 
JANSEN,  MATHIAS 


Council,  on  the  revenue  bill,  133. 
From  the   lords    justices   to   vacate   certain   extravagant 

grants,  laid  before  the  Council,  137. 

Relating  to  licensing  school-masters  in  the  colonies,  185. 
Relating  to  the  style  to  be  observed  in  the  enacting  of  'laws, 

Relating  to  the  governor's  salary,  communicated  to  the 
Assembly,  :  02. 


JANSE,  JOHANNES  :     Member  of  Assembly,  1084,  1132,  1173, 
Bill  to  confirm  a  patent  granted  to 

Member  of  Assembly,  1663,  1679  1692 
1097,  1700,  1701,  1702, 1714,  1716,  1728,  1729,  17:57  173s' 
1742,  1759,  1763,  1773, 1775,  1778,  1787,  1802,  1810  181l' 
1821,  1823,  1826,  1829,  1831,  1833,  1841, 1843,  184s'  ISf.s' 
1859,  1861, 187S,  1880, 1903, 1907,  1915  1918  ]9''3  1926* 
1931,  1932,  1933,  1945,  1946,  1954, 1957,  1966,  1968'  1973* 
1979,  1984,  1990. 


JAUXCEY,  JAMES  : 


Relating  to  the  paying  or  disposing  of  the  public  money,    JAUXCEY,  Jr.,  JAMES  :     Member  of  Council,  1951-1998. 

Forbidding  the  passage  of  acts  affecting  the  trade  and  1  JE(A'COCR'  Mr'  :    Allowed  to  builda  house  at  Tierondeqnat, 
shipping  of  Great  Britain,  428. 

JESSOP,  EDWARD  :     v. 


To  sir  Danvers  Osborn,  extracts  of,  1127. 

To  sir  Charles  Hardy,  directing  him  to  recommend  to  the 
Legislature  to  provide  for  defraying  one  moiety  of  the 
expense  of  obtaining  and  executing  his  Majesty's  com 
mission  for  settling  the  line  between  New  York  and 
New  Jersey,  1231. 

In  regard  to  the  governor's  assent  to  private  acts   1249 

To  governor  Tryon  to  collect  a  powder  duty,  laid  before 
the  House,  1810. 

INTEREST: 
Rate  of,  18,  19,  33. 
Interest  Lowering  Bill  : 

Brought  up  and  read,  703 ;  Committed,  704 ;  Amended, 


and   sent   for 
Enacted,  712. 

Interest  Lowering  Bill  : 


concurrence    to   the   Assembly,    705 ; 


Brought  up  and  read,  1773  ;  Committed,  1774;  Ordered 
3d  ng,  1776. 

See  BCHIALS. 


JESUITS : 

Charged  with  seducing  the  five  nations  of  Indians,  144. 
Jesuits  and  Popish  Priests  Bill  : 

Brought  up,  read  and  committed,  146  ;  Amended,  146 ; 
Passed,  and  sent  for  concurrence  to  the  Assembly 
147  ;  Enacted,  149. 

See  CATHOLICS. 
JEWS  : 

Incapable  of  naturalization,  xii :  In  New  York,  127; 
The  words  "  upon  the  true  faith  of  a  Christian,"  to' 
be  omitted  from  the  oath  when  taken  by,  560. 

JOHNSON,  GUY  : 
1881. 

JOHNSON,  SIMON 
693,  i 
York,  1525. 

JOHNSON,  THOMAS  : 
21,  22,  23,  26. 


Member  of  Assembly,   1858,    1860,  1877, 

HNSOX,  SIMON  :     Member  of  Assembly,  680,  684,  687   690 
693,_  697_,  698,  703,  706,  710,  718,  723 ;     Recorder  of  New 

Member  of  the  Council,  14,  15,  18,  20, 


INDEX. 


2035 


JOBXSON,  TUNIS  :     281. 

JOHNSON,  WILLIAM  :  A  copy  of  his  examination  laid  before 
the  Council,  988  ;  Asks  an  extra  allowance  for  supplying 
the  garrison  at  Oswego,  1005  ;  Dissuades  the  Indians 
from  going  to  Canada,  1018  ;  Appointed  colonel  .if  the 
New  York  levies,  1018;  The  province  largely  indebted 
to,  10:23  ;  The  Assembly  recommended  to  provide  for  the 
payment  of  moneys  due  to,  1045  ;  Threatens  to  lesign  as 
Indian  agent,  1074  ;  Member  of  the  Council,  1075-1095, 
1113-1121;  Recommended  by  both  houses  as  the  fittest 
person  to  be  employed  to  meet  the  Indians  at  Onondaga, 
1120,  1122;  Report  of  his  mission  laid  before  the  Legis 
lature,  1127;  The  Legislature  recommended  to  provide 
for  the  payment  of  his  claims,  1166;  Major-general  and 
Commander-in-chief  of  the  Provincials,  1197  ;  His  ex- 
pences  recommended  to  be  provided  for,  1201  ;  Intelli 
gence  received  from,  1213 ;  Number  of  Connecticut 
troops  under,  1219  ;  Defeats  Baron  Dieskau,  1222;  Sir 
William,  the  Assembly  neglect  to  provide  for  debts  due 
to,  1244  ;  Marches  to  the  German  flatts,  1270 ;  Concludes 
peace  at  Niagara  with  the  Indians,  1540. 

JOHNSTON,  JOHN  :     Member  of  the  Council,  401-473. 

JOINT  PARTNERS  :     See  DEBTS. 

JOINT  TEXANCY  :     See  LANDS. 

JONES,  DAVID  :  Member  of  Assembly,  688,  689,  705,  710, 
718,  719,  723,  743,  746,  763.  778,  780,  803,  804,  810,  828, 
832,  834,  839,  840,  851,  860  ;  Elected  speaker,  887. 

JONES,  THOMAS  :     1326. 
JORDAN,  Mr.  :     427. 
JOSEPHSON,  MANUED  :     1246. 

JOURNALS  :  Of  the  Assembly  missing,  xxxi ;  To  be  printed, 
76  ;  Of  the  Legislative  Council,  ordered  printed,  xxvii. 

JUDGES: 

A  committee  on  the  salaries  of,  proposed,  2  ;  The  House 
of  Assembly  urged  to  provide  for  the  support  of  the,  4  ; 
to  be  appointed  and  commissioned  by  the  governor,  5  ; 
The  Assembly  recommended  to  make  provision  for 
their  proper  support,  26;  Bills  before  the  Legislature 
referred  to,  128,  129:  A  chief-justice  expected  from 
England,  152  ;  Arrived,  157;  His  salary,  158  ;  Chief- 
justice  Atwood  declared  guilty  of  putting  a  wicked  con 
struction  on  a  certain  act  of  Assembly,  208  ;  Chief- 
justice  to  be  consulted  in  the  preparation  of  a  bill 
respecting  the  establishment  of  quit-rents,  510;  Of 
the  supreme  court,  ordered  to  give  their  opinion  on  a 
bill  for  amending  the  practice  of  the  law,  575  ;  The 
chief-justice,  member  of  the  Legislative  Council,  637  ; 
Elected  speaker,  662  ;  Resigns  that  office,  663  ;  Of  the 
supreme  court,  ordered  to  prepare  and  lay  before  the 
Council  a  draft  of  a  bill  for  regulating  prosecutions  by 
informations,  832 ;  Benjamin  Pratt  appointed  chief- 
justice,  1450  ;  A  pamphlet  published  on  the  subject 
of  their  commissions,  1635. 

Judges  Annual  Salary  Act  :     Passed,  xiii. 
Judges  Good  Behavior  Commissions  Bill  : 

Brought  up,  read  and  Committed,   1435  ;      Reported, 

14a7 ;     Passed,  and  Assembly  acquainted,  1438. 
Again  brought  up,  read  and  committed,  1443 ;     Passed, 
Mr.  Kennedy  dissenting,  1445  ;  Assembly  acquainted, 
1445. 

Again  brought  up  and  read,  1451  ;     Committed,  1452. 
See  ASSEMBLY. 

JUDGMENTS  : 

Court  of  Assize  Judgments  Execution  Act :     Passed,  xiii. 
Former  Judgments  Confirmation  Act :     Passed,  xiii. 
Justices  Judgments  Removal  Restraining  Bill: 

Brought  up  and  read,  1574  ;  Committed,  1575  ;  Passed, 
and  Assembly  acquainted,  1576;  Enacted,  1582. 

Judgments  better  Discovery  Bill  : 

Presented  by  Mr.  Cruger  and  read,  1909  ;     Committed, 
1910 ;      Passed,    and   sent   for   concurrence   to   the 
Assembly,    1913;      Agreed    to   by   that   House   and 
enacted,  1927. 
JUDICATURE  :     See  COURTS. 

JUDICIAL  PROCEEDINGS  : 

The  governor  and  Council  empowered  to  hear  cases,  and 
giant  decrees  and  judgments  during  the  session  of  the 
Legislature,  134. 

Judicial  Proceedings  Continuance  Bill  : 

Presented,  passed,  and  sent  for  concurrence  to  the 
Assembly,  182;  Agreed  to  by  that  House,  182; 
Enactedj  189. 


'  JULIAS,  CHARLK  :     Naturalized,  959. 
JURIANSE,  JOHANNES  :     Naturalized,  959. 
JURORS,  GRAND  AND  PETIT : 
Jurors  Qualification  Bill  : 

Brought  up  and  read,  127;  Referred  to  the  justices  of 
the  supreme  court,  128;  Report  and  passed,  130; 
Enacted,  143  ;  Expired,  726  ;  The  Assembly  recom 
mended  to  pass  a  law  for  the  qualification  of  jurors, 
182,  297. 

Jurors  Qualification  Act  Revival  Bill : 

Passed,  300  ;     Enacted,  303  ;     Revived,  448,  550. 
Jurors  Returning  Bill  : 

Brought  up,  read  and  committed,  633  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  635 ;  Disagreed 
to  by  that  House,  635 ;  Council  adhere  and  Assembly 
acquainted,  635. 

Jurors  Returning  and  Juries  better  Regulation  Bill  : 
Presented  by  Mr.   Horsmanden,  read   and  committed, 
760  ;    Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  761. 

Jurors  Returning  and  Juries  better  Regulation  Bill  : 
Brought   up,  read  and  committed,   787;      Ordered  3d 

reading,    788  ;      Passed,  and  Assembly   acquainted, 

789  ;     Enacted,  795. 
Continued,  959. 

Grand  Juries  Power  to  Administer  Oaths  Bill  : 
Brought  up  and  read,  1512;  Committed,  1513;  Ordered 
3d  reading,  1514;  Passed,  1515;  Assembly  acquaint 
ed,  1516  ;     Enacted,  1524. 

Jurors,  Constables  and  other  Persons  Default  Prevention 

Bill :     Enacted,  1653. 
Revived  with  an  addition,  1750. 
Revived,  1992. 

See  JUSTICES. 

Grand  Jurors  in  Cumberland  County  Allowance  Bill: 

Brought  up  and  read,  1957  ;  Committed,  1959  ;  Re 
jected,  1974. 

!  JUSTICES  OF  THE  PEACE  : 

I 

Laws  granting  an  annual  allowance  to,  repealed,  xii ;  An 
act  passed  to  prevent  their  absence  from  their  courts, 
xiii;  Empowered  to  try  small  causes,  192,  1181,  and 
to  build  and  repair  court-houses  and  jails,  448  ;  Their 
want  of  education,  1324 ;  Empowered  to  try  causes  to 
the  value  of  five  pounds,  1356  ;  An  act  passed  to  re 
strain  the  bringing  of  writs  of  certiorari  and  of  error 
for  removal  of  judgments  given  before,  1582  ;  In  Al 
bany  county,  empowered  to  elect  commissioners  of  high 
ways,  1613;  Their  civil  jurisdiction  extended  to  sums 
of  ten  pounds,  1707. 

Justices,  Jurors,  and  Constables  Default  Prevention  Bill  : 
Presented  by  Mr.  Watts,  read  and  committed,  1642  ; 

Amended,  passed,  and   sent  for  concurrence  to  the 

Assembly,  1643 ;     Agreed  to  by  that  House  and  title 

amended,  1643. 
An  act  passed  authorizing  the  arrest  of  persons   in  any 

county  on  warrants  of  justices  of  any  other  county, 

1789. 
Act  continued,  1872. 


Justices  Acts  and  Orders  Confirmation  Bill  : 
Brought  up  and  read,  1815  ;     Committed,  1816  ;     Pas 
sed,    arid    Assembly   acquainted,    1818;      Enacted 
1822. 

Appeals  at  Sessions  Determining  Bill  : 

Brought  up,  1833;      Committed,    1834;     Passed,  and 

Assembly  acquainted,  1836  ;     Enacted,   1849. 
Revived,  1990. 

Justices  Courts  in   Taverns  Prohibition  Bill: 
Brought  up  and  read,  1920  ;     Committed,  1921. 

Justices  Courts  in  Taverns  in  Cumberland  County  Preven 
tion  Bill  : 

Brought  up  and  read,  1957  ;  Committed,  1959  ;  Amend 
ed,  passed,  and  sent  for  concurrence  to  the  Assembly, 
1967;     Disagreed  to  by  that  House,  1968  ;     Council 
recede,   and   Assembly  acquainted,  1988  ;     Enacted 
1990. 

See  JUDGJIEXTS  ;    JUEOBS;    LAW  PBOCEDUBE  ;  SMALL  CAUSES. 


2036 


INDEX. 


K. 

KAISE,  JOHW  :     Naturalized,  1682. 
KARKE,  JOBS:     Naturalized,  1751. 

KAYADEROSSERAS  :  Complaints  of  the  Mohawks  respecting, 
1167,  1265  ;  The  Legislature  required  to  vacate  the  patent 
of,  1549. 

KEMANNE  (  KEMANNAK  )  ENGLEBERT  :  1031;  Naturalized, 
1065. 

KEMP,  THOMAS  :     Naturalized,  1682. 

KENEGAR,  MICHAEL  :     Naturalized,  1708. 

KENNEDY,  ARCHIBALD  :  Collector  and  receiver-general,  re 
quests  that  the  rates  of  certain  quit-rents  be  established 
by  law,  509  ;  Presents  a  petition  on  a  bill  to  prevent  the 
molestation  of  boats,  &c.,  513;  Member  of  the  Council, 
554-1445. 

See  DISSENTIENTS. 

KEPPEL,  Commodore  :     Commander-in-chief  on  the  North 

American  Station,  1197. 
KERGER,  HENRICK  :     Naturalized,  1462. 
KERN,  BALTZER  :     Naturalized,  1682. 
KEBTON,  WILLIAM  :    498. 
KETTLEMAN,  JOHN  :     Naturalized,  IOCS. 

KIDD,  Captain  :  Recommended  to  the  Assembly  for  a  suit 
able  reward,  3,  4;  Answer  of  the  House  of  Assembly 
thereto,  5. 

KIEFT,  WILLIAM  :     Bill  to  confirm  a  patent  granted  by,  148. 

KINDERHOOK  : 

Recommended  to  be  garrisoned,  208. 
Kindcrhook  Bridge  Bill  : 

Brought  up,  read  and  committed,   445  ;     Passed,  and 
Assembly  acquainted,  446  ;     Enacted,  448. 

KINGS  BRIDGE  :     See  NEW  YORK. 

KINGS  COUNTY: 

Petitions  against  the  return  of  Henry  Filkin  to  the  Assem 

bly,  49. 
Bill  introduced  granting  it  equal  privileges  in  regard  to 

wills  ;     See  WILLS. 

Court  of  Sessions  Removal  Act  :     Passed,  xv. 

Bill  for  remedying  irregular  proceedings  in  regard  to  the 

-£1,000  tax   for  building  a  fort  at  Onondaga:   Brought 

up,  read  twice  and  committed,  214  ;     Enacted,  220. 
Bill    for   paying  certain  moneys  to  the  county  treasurer, 

brought  up  and  read,  340  ;     Committed,  341. 
Again    brought   up   and   read,    348;      Committed,    349; 

Passed,  and  Assembly  acquainted,  350;     Enacted,  353. 

See  QUAKERS. 
Kings  and  Queens  Counties  Boundary  Ascertaining  Bill  : 

Brought  up,  read  and  committed,  420. 
Fences  and  Horses  Regulating  Bill  : 

Brought  up,  read  and  committed,  646  ;  Passed  and 
Assembly  acquainted,  647  ;  Enacted,  650. 

A  battery  recommended  to  be  erected  at  Red  Hook,  769, 
850. 

The  Legislature  meets  at  Flatbush,  1291. 

New  Court  House  and  Jail  Bill  : 

Brought  up,  1326  ;  Read  and  committed,  1327  •  Or 
dered  3d  reading,  1331  ;  Passed,  and  Assembly  ac 
quainted,  1332  ;  Enacted,  1333. 

.£431  Tax  Levy  Bill  .- 

Brought  up  and  read,  1450  ;     Committed,  1452  •     Re 
ported,   1453  ;     Ordered  3d  reading,   1454  ;     Passed 
and  Assembly  acquainted,  1455  ;     Enacted,  1462. 
Boundary  Commissioners  Appointment  Bill  : 
Brought  up  and  read,  1640  ;     Committed,  1641  •     Pas- 
sed   and  Assembly  acquainted,  1645  ;     Enacted,  1646 
Amended,  1761. 

Constables  Election  Bill  :     Enacted,  1646. 
Damages  by  Fox  Hunting  Prevention  Bill  : 

,  1979  ;     Re- 


KINGSTON  :     Jurisdiction  of  the  court  at,  30. 
Empowered  to  elect  an  additional  supervisor,  837. 
See  ULSTER  COUNTY. 

KIPP,  CATALINA  :    577. 
KIP,  HENKICA  :     1992. 

KIPP,  JACOBUS  :  Member  of  Assembly,  27,  37, 427.  436,  444, 
449,  453,  455,  457,  472,  490,  511,  521,  526 ;  An  act  pas 
sed  to  pay  him,  as  member  of  Assembly,  495,  517;  De 
ceased,  577  ;  An  act  passed  to  admit  in  evidence  a  deed 
of  release  from,  1992. 

KIPP,  JOHANNES  :     Member  of  Assembly,  4,  7,  11,  17,  44. 
I  KISSAM,  BENJAMIN  :     1326. 

i  KISSAM,  DANIEL:     Member  of  Assembly,   1542,  1546,  1550, 
1552,1556,  1568,  1601,  1607,1608,  1609,  1634,  1642,  1643, 


See  ELECTIONS  ;    FENCES;     HIOHWAYS;    SWINE;     WILLS. 


1883, 1888,  1891,  1903,  1908, 1910,  1913,  1915,  1920,  1926 
1946,  1951,  1952,  1956,  1967,  1978,  1985,  1987.' 

KLEYNMAN,  THOMAS:     Naturalized,  1652. 

KLTN,  CONRADT  :     Naturalized,  1682. 

KLYN,  JACOB  :     Naturalized,  1682. 

KLYN,  junior,  JACOB  :     Naturalized,  1682. 

KLYNE,  JOHANNES  :     Naturalized,  1462.     See  CLINE. 

KOCK,  ALBEETUS  :     Naturalized,  1462. 

KOCK,  CASPARCS:     Naturalized,  1462. 

KOCK,  RUDOLPH  :     Naturalized,  1462. 

KOLE,  PHILIP  :     Naturalized,  1682. 

KOOSE,  FREDERICK  :     Naturalized,  1751. 

KORFBYLE  :     See  CARFBYLE. 

KOUGH,  MATHIAS  :     Naturalized,  1751. 

KROTS,  JOHAXNIS  :     Naturalized,  1652. 

KULTZS,  CONRADT  :     Naturalized,  1065. 

L. 

LABORIE,  Mr :     259. 

LA  CROIX,  WILLIAM  :     Naturalized,  1596. 

LAKE  GEORGE  :     A  fort  erected  at  the  south  end  of,  1223. 

LAKEMAN  (LAKERMAN),  ABRAHAM  :  Member  of  Assembly, 
182,  190,  199,  206,  216,  307,  331,  340,  390,  436,441,  449, 
453,  488,  501,  503,  511. 

LAMMERSE,  CORKELIUS  :     424. 
LAMPBLACK:     See  MANUFACTURES. 

LANDLORDS  AND  TENANTS  :  An  act  passed  to  prevent  dis 
putes  between,  1356. 

LANDS : 

An  act  passed  for  settlement  of  titles,  xii ;  And  to  pre 
vent  frauds  in  conveyancing,  xii ;  At  what  age  they 
may  be  conveyed,  xiii ;  An  act  passed  regulating  the 
purchase  of  Indian  lands,  xiii ;  Bill  introduced  to  tax 
unimproved,  161.  See  TAXES. 

An  Indian  deed  not  necessary  to  a  good  title,  165  ;  Bill 
to  quiet  certain  possessions  and  make  valid  certain 
sales,  with  what  collateral  conveyances  since  made 
thereon,  recommended  to  be  passed,  172. 

Forcible  Entry  Prevention  Bill  : 

Brought  up  and  read,  1867. 
Forcible  Entry  or  Detainer  Declaratory  Bill  : 

Brought  up  and  read,  1915  ;     Committed,  1917. 
Wild  Lands  in  Albany  County  Taxing  Bill  . 

Brought  up  and  read,  161  ;  Committed,  162 ;  Passed, 
and  Assembly  acquainted,  161 ;  Enacted..  171. 

Better  Settlement  and  Assurance  Bill  : 

Brought  up,  read,  and  counsel  heard  against,  265; 
Amended,  and  sent  for  concurrence  to  the  Assembly 
266. 

Again  brought  up,  278  ;  Amended,  285  ;  Sent  for  con 
currence  to  the  Assembly,  287. 


INDEX. 


2037 


LANDS :  —  Continued. 

Better  Settlement  and  Assurance  Bill : 

Again  brought  up  and  committed,  298  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly  and  amend 
ments  agreed  to,  299  ;  Enacted,  303. 

Partition  Bill  : 

Brought  up  and  read,  269  ;  Committed,  270  ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  271 ; 
Agreed  to  by  that  House,  271 ;  Enacted,  274. 

Partition  Act  Continuation  Bill: 

Brought  up,  read  and  committed,  394;  Passed,  and 
Assembly  acquainted,  395  ;  Enacted,  395. 

Partition  Act  Revival  Bill : 

Brought  up,  passed  and  Assembly  acquainted,  432  ; 
Enacted,  438. 

Lands  Partition  Facilitating  Bill : 

Brought  up  and  read,  469  ;  Committed,  470 ;  Com 
mittee  ordered  not  to  proceed  with,  470 ;  Recom 
mitted,  472  ;  Surveyor-general  makes  a  representation 
thereon,  473  ;  Amended,  and  sent  for  concurrence 
to  the  Assembly,  474 ;  Agreed  to  by  that  House, 
475. 

The  receiver-general  calls  attention  to  the  necessity  of 
establishing  the  quit-rent  in  certain  cases  by  law,  509. 

Lands  Easier  Partition  Sill : 

Brought  up  and  read,  544;  Attorney-general  and 
receiver-general  to  be  notified,  544 ;  Committed, 
544  ;  Motion  to  instruct  the  committee  referred,  544 ; 
Amended  and  recommitted,  545  ;  Further  amended, 
passed,  and  sent  for  concurrence  to  the  Assembly, 
546  ;  Agreed  to  by  that  House,  547  ;  Enacted,  550. 
Albert  Pawling  and  others  apply  for  power  to  sell 
certain  tracts,  574. 

Quit-Rents  Regulation  and  Land  Partition  Bill : 

Brought  up  and  read,  798  ;  Committed,  799  ;  Amended, 
passed,  and  sent  for  concurrence  to  the  Assembly, 
799  ;  Agreed  to  by  that  House  and  enacted,  800. 

Quit-Rents   Regulation  and  Land  Partition  Act  Amend 
ment  Bill : 

Brought  up,  857 ;  Read,  858  ;  Committed,  859  ; 
Memorials  of  the  receiver-general,  deputy-surveyor, 
and  auditor  thereon,  86J  ;  Amended  and  sent  for 
concurrence  to  the  Assembly,  866 ;  Disagreed  to  by 
that  House,  866 ;  Council  recede,  and  Assembly 
acquainted,  868  ;  Enacted,  874. 

Indian  Lands  Purchasing  Regulation  Act :      Passed,  xiii. 
Indian  Lands  Purchasing  Regulation  Bill: 

Presented,  read  and  committed,  1176. 
New  Jersey  Line  Lands  Submission  Bill : 

Brought  up  and  read,  1498  ;  Ordered  3d  reading,  1500  ; 
Passed,  and  Assembly  acquainted,   1501 ;     Enacted, 
1502. 
Amended,  1789. 

Tenants  Waste  Prevention  Bill  : 

Brought  up  and  read,  512;  Amended,  513;  Passed, 
and  sent  for  concurrence  to  the  Assembly,  514 ;  Agreed 
to  by  that  House,  514;  Enacted,  517. 

Continued,  536. 

Tenants  Trespasses  Prevention  Bill  : 

Brought  up  and  read,  1781 ;  Committed,  1782  ;  Pas 
sed,  1786  ;  Assembly  acquainted,  1787 ;  Enacted, 
1789. 

Rents  Securing  and  Tenants  Frauds  Prevention  Bill  : 
Brought  up,  1825  ;     Read  and  committed,  1826. 

Lands  Easier  Recovery  Bill  : 

Brought  up  and  read,  1888  ;  Committed,  1891  ;  Pas 
sed,  and  Assembly  acquainted,  1892. 

Rents  Better  Securing,  Leases  Easier  Renewal,  and  Tenants 

Frauds  Prevention  Bill  : 

Brought  up  and  read,  1920  ;  Committed,  1921  ;  Pas 
sed,  and  Assembly  acquainted,  1922;  Enacted,  1927. 

Tortuous  Entries  and  Possessions  Discouragement  Bill  : 

Brought  up  and  read,  1956  ;  Committed,  1958  ;  Re 
ported,  1961  ;  Passed,  and  Assembly  acquainted, 
1965;  Enacted,  1990. 

See   EXTRAVAGANT   GRANTS  ;      LIMITATION  ;      QCIT-RENTS  ; 
TAXES. 


LANE,  DANIEL  :     v. 

LANE,  HENRY  :     Member  of  Council,  626-845. 

LANSING,  JOHANNIS:     Commissioner  for  Indian  affairs,  858. 

LASHIER,  JOHANNES:     Naturalized,  536. 

LAW,  ANDREW : 

Andrew  Law  Release  Bill: 

Brought  up,  read  and  committed,  610;  Passed,  and 
Assembly  acquainted,  611;  Enacted,  612. 

Andrew  Law  Release  Act  Revival  and  Enforcement  Bill : 

Brought  up,  read  and  committed,  C21 ;  Passed,  and 
Assembly  acquainted,  623  ;  Enacted,  625. 

LAW  PROCEDURE : 

Abatement  of  Suits  by  Death  Prevention  Bill  : 

Brought  up  and  read,  1920  ;  Committed,  1922 ;  Passed, 
and  Assembly  acquainted,  1923 ;  Enacted,  1927. 

Affidavits  Takiny  and  Supreme  Court  Attorneys  Empower 
ing  Bill: 

•     Brought  up,  read  and  committed,  920 ;     Passed,  and 
Assembly  acquainted,  921. 

Appeals  Security  Enforcement  Bill :     Enacted,  1849. 
Arrests  Regulation  A  ct :     Passed,  xiii. 

At  rest  of  Judgments  and  Superseding  Executions  Preven 
tion  Act :  Passed,  xiii. 

Coroners  Return  to  Process  Bill  : 

Brought  up,  read  and  committed,  1821 ;  Amended, 
passed  and  sent  for  concurrence  to  the  Assembly, 
1825 ;  Agreed  to  by  that  House,  1826 ;  Enacted, 
1849. 

Coroners  Return  Act  Amendment  Bill : 

Brought  up  and  read,  1978  ;  Committed,  1979  ;  Re 
jected,  1985. 

Delays  Prevention  BiU : 

Brought  up  and  read,  1775  ;  Committed,  1777  ;  Passed, 
1778  ;  Assembly  acquainted,  1779  ;  Enacted,  1789. 

Disputes  by  Demise  of  the  Crown  Prevention  Bill: 

Brought  up  and  read,  1434;  Committed,  1435  ;  Passed, 
1437 ;  Assembly  acquainted,  1438. 

Disputes  by  Demise  of  the  Crown  Prevention,  and  Common 
Law  Courts  Proceedings  Confirmation,  Bill: 

Brought  up,  read  and  committed,  1444  ;  Ordered  3d 
reading,  1445  ;  Passed,  and  Assembly  acquainted, 
1446. 

Again  brought  up  and  read,  1454. 

Defendants  Non-appearance  Remedy  BiU : 

Brought  up  and  read,  1957  ;  Committed,  1959  ;  Passed, 
1974  ;  Assembly  acquainted,  1975  ;  Enacted,  1990. 

Ejectment  Suits  Limitation  Bill: 

Brought  up  and  read,  1731;  Committed,  1734;  Re 
commended  to  be  rejected,  1734;  Rejected,  1734. 

Law  Amendment  and  Justice  Better  Advancement  Bill: 

Brought  up  and  read,  1823  ;    Committed,  1826  ;   Passed, 

and  Assembly  acquainted,  1827. 
Again  brought  up  and  read,  1884  ;     Committed,  1885  ; 

Passed,  and  Assembly   acquainted,  1887;     Enacted, 

1894. 

Multiplicity  of  Law  Suits  Prevention,  and  Practice  of  the 
Law  Regulation,  Bill: 

Brought  up,  read  and  committed,  373  ;  Amended  and 
sent  for  concurrence  to  the  Assembly,  375  ;  Agreed 
to  by  that  House,  379  ;  Enacted,  380. 

Law  Suits  Shortening,  and  Practice  of  the  Law  Regulation, 

BiU  : 

Brought  up,  read  and  committed,  373  ;  Passed,  and 
Assembly  acquainted,  375  ;  Enacted,  380. 

Law  Practice  Amendment,  and  Special  Bail  Regulation, 

Bill  : 

Brought  up  and  read,  545  ;  Committed  and  an  addi 
tional  clause  inserted,  546  ;  Passed,  and  sent  for 
concurrence  to  the  Assembly,  546. 

Again  brought  up,  read  and  ordered  committed,  566  ; 

Committed,  567  ;     Amended  and  sent  for  concurrence 

|  to  the  Assembly,  575  ;     Referred  to  the  judges  of  the 


2038 


INDEX. 


LAW  PROCEDURE :  Continued. 

supreme  court,  575  ;  Agreed  to  by  the  Assembly  and 
further  amended,  577;  Disagreed  to  by  the  council 
and  assembly  acquainted,  577;  That  house  recedes, 
579  ;  Enacted,  581. 

Law  Practice  Amendment  Aet  Continuation  Sill : 

Brought  up,  read  and  committed,  592 ;  Passed,  and 
Assembly  acquainted,  593  ;  Enacted,  598. 

Law  Practice  Amendment  Act  Revival  Hill : 

Brought  up  and  read,  688  ;  Committed,  689  ;  Passed, 
and  Assembly  acquainted,  690  ;  Enacted,  712. 

Law  Practice  Amendment  and  Special  B  n'  Regulation  Sill  : 

Brought    up,   895;      Read,   896;      Committed,    897; 

Amended  and  passed,  902  ;     Sent  for  concurrence  to 

the  Assembly,  903  ;     Agreed  to  by  that  House,  903  ; 

Enacted,  904. 

Process  against  Absconding  Mortgagors  Bill : 

Brought  up  and  read,  1388. 

Again  brought  up  and  read,  1399. 

Again  brought  up  and  read,  1418  ;     Committed,  1419  ; 

Passed,  1420  ;    Assembly  acquainted,  1421 ;  Enacted, 

1423. 
Continued,  1637. 

Law  Suits  Speedier  Determination  and  Law  Practice  Bet 
ter  Regulation  Bill  : 

Presented  and  read,  1460;     Committed,  1461. 
Again  presented,  1468  ;     Committed,  1470. 

Proceedings  on  Execution  and  Return  of  Writs,  Regula 
tion  Jlct : 
Passed,  xii. 

Law  Proceedings  Regulation  Jlct:     Passed,  xiii. 
Supreme  Court  Suits  Limitation  Bill: 

Brought  up  and  read,  1695  ;  Committed,  1696  ;  Amend 
ed,  passed,  and  sent  for  concurrence  to  the  Assembly, 
1703  ;  Agreed  to  by  that  House,  and  title  amended, 
1705;  Enacted,  1707. 

Vexatious  Suits  Prevention  Bill: 

Brought  up  and  read,  131 ;  Committed,  131;  Amend 
ed,  and  amendments  agreed  to,  132 ;  Enacted,  143. 

Vexations  and  Oppressions  Prevention  Bill  : 

Brought  up,  read  and  committed,  152 ;  Its  postpone 
ment  recommended,  152. 

Frivolous  and  Vexatious  Suits  Better  Prevention  Bill  : 

Brought  up  and  read,  1811  ;  Committed,  1812;  Pas 
sed,  and  Assembly  acquainted,  1813;  Enacted,  1822. 

Writs  of  Certiorari  and  of  Error  Restriction  Bill : 

Brought  up  and  read,  1574  ;  Committed,  1575;  Pas 
sed,  and  Assembly  acquainted,  1576  ;  Enacted,  1582. 

See  JUDGMENTS;      SMALL  CAUSES. 
LAURENCE,  CHRISTOPHER:     Naturalized,  501,506. 

LAURENCE,  JOHN  :  Member  of  the  Council,  12,  14-68,  75, 
81-84,  87,  89,  93,  100,  101,  103,  109,  111,  113,  114,  115; 
Interested  in  the  Hellgate  patent,  168. 

LAWRENCE,  THOMAS:  Bill  for  quieting,  settling  and  con 
firming  the  rights  and  possessions  of  Thomas  Lawrence, 
and  others,  ancient  possessors  of  a  tract  of  land  called 
Hellgnte  Neck,  within  the  bounds  of  Newtown,  Long 
Island,  and  vacating  all  under  patents,  brought  up,  168. 

LAWRENCE,  WILLIAM  :     1C8  ;     Member  of  the  Council,  176- 

LAWS: 

The  dnke's  promulgated,  v  ;  A  committee  proposed  to 
report  on  the,  2  ;  The  lords  of  trade  recommend 
the  passing  of  a  complete  body  of  new,  1110. 

Laws  Rciision  and  Printing  Bill  : 

Brought  up  and  read,  790 ;  Committed,  791  :  Passed,  ' 
and  Assembly  acquainted,  793;  Enacted,  795. 

Laws  Revision  and  Printing  Bill: 

Brought  up  and  read,  1062;  Committed,  1064;  Pas 
sed,  1064 ;  Enacted,  1066. 

Laws  Revision  and  Printing  Bill  : 
Brought  up  and  read,  1830  ;     Committed,  1831 ;     Pas 
sed,  and  Assembly  acquainted,  1832 ;     Enacted,  1849. 


'  LAWYERS  :  Guilty  of  many  abuses  in  their  practice,  569. 
LEATHER  :  See  INSPECTION  ;  MANUFACTURES  ;  TANNINO. 
LEAVE  OF  ABSENCE : 

To  the  honorable  Cadwallader  Colden,  702,  740. 
To  Philip  Livingston,  702,  723. 

LEBRIEUR,  JEAN  PIERHE  :     Naturalized,  959. 
,  LECOUNT,  JOHN  :     Member  of  Assembly,  670,  695,  746,  765, 
778,  780,  825,  832,  851,  855,  856,  866,  868,  881     1054 
1062,  1077,  1084.  1120,  1122,  1131,  1134,  1136,  1139,  1171 
1173,  1174,  1185,  1219,  1226,1238,  1241. 

LEFFERTSE,  JACOBUS :     955. 

I  LEGACIES  : 

Legacies  Speedier  Recovery  Bill  : 

Brought  up  and  read,  828  ;  Committed,  829  ;  Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  831 ; 
Agreed  to  by  that  House,  832  ;  Enacted,  837. 

LEGAL  TENDER  :     See  CURRENCY. 

LEGISLATIVE  AUTHORITY:  In  whom  vested  under  the  Dutch, 
iii;  Under  James  II.,  xvi,  xxii. 

LEISLER,  JACOB  :  Seizes  Fort  James,  xxiv ;  Attainder 
reversed,  125. 

LEISLER,  JACOB  :     Resolutions  on  petitions  of,  135,  171. 
LENSINGBECKER,  JOHAN  PHILIP  :     Naturalized,  518. 
LsRoux,  CHARLES  :     665. 

LETTERS : 

Of  Governor  Nicolls  to  the  people  of  Long  Island,  iv. 

Of  the  duke  of  York  to  the  General  Assembly,  x. 

Of    the   members  elect    from    Queens   and    Westchester 

counties  declining  to  sit  and   vote  in  the  Assemblv. 

168. 
Of  the  commissioners  of  Indian  affairs  to  governor  Clinton 

858. 
From  the  president  and  Council  of  Pennsylvania,   laid 

before  the  board,  1018. 
From  the  governor  of  Canada  to  governor  Shirley  in  regard 

to  an  exchange  of  prisoners  laid  before  the  board,  1018. 
From  the  governor  of  Connecticut   with  an  offer  of  out- 
scouts  laid  before  the  board,  1018. 
From  Robert  Hunter  Morris  and  others  in  regard  to  the 

New  Jersey  boundary  laid  before  the  board,  1019. 
Of  Arent  Stephen  to  the  governor,  1089. 
From  the  lords  of  trade  recommending  the  passing  of  a 

new  code  of  laws  received,  1110. 
Of  the  earl  of  Holdernesse  laid  before   the  Legislature, 

1147. 

From  governor  Hamilton  laid  before  the  board,  1148. 
From  governor  Shirley  laid  before  the  board,  1148. 
From  the  governor  of   Virginia   laid   belore   the  board 

1148. 
From  lieutenant   Holland   containing  intelligence  of  the 

number  of  forces  the  French  intend  to  send  to  the  Ohio, 

laid  before  the  board,  1150. 

From  sir  Thos.  Robinson  laid  before  the  Council,  1172.   • 
From  the  lords  of  trade   directing  attention   to   certain 

extravagant  grants  of  land,  1265. 
From  earl  Loudoun  calling  for  more  men,  1292. 
From  general  Webb  on  the  approach  of  the  French  against 

Fort  William  Henry,  1304. 
From  right  honorable  William  Pitt  directing  the  raising 

of  a  large  body  of  men,  1320. 
From  Mr.  secretary  Pitt  calling  on  the  colonies  for  a  force 

of  20.000  men  to  invade  Canada,  1363 
From  governor  Pownall  communicating  news  of  the  great 

fire  in  Boston,  and  asking  assistance,  1399. 
From    Mr.    secretary   Pitt   calling   for    provincial    forces, 

1429. 
From  sir  Jeffry  Amherst  calling  for  men  to  march  against 

the  Indians,  1510. 
From  governor  Murray  of  Quebec,  communicated,  1565. 

LEVY,  GEHSHON  MOSES  :     1246. 

LEVY,  HAEMAN:     1031;     Naturalized,  1065. 

LEWIS,  LEONARD  :  Member  of  Assembly,  124, 127,  132,  140, 
142,  148,  372,  415,  436,  441,  443,  449',  453,  468,  469,  530; 
Bill  brought  up  to  pay,  402  ;  Enacted,  417. 

LEWIS,  THOMAS:     446. 
Lewis  Estate  Bill  : 

Brought  up,  446 ;  Passed,  and  Assembly  acquainted 
447;  Enacted,  448. 


INDEX. 


2039 


LIBEL  :    See  PRINTING. 

LIBERTIES  :     See  RIGHTS. 

LIBKRTY  OF  CONSCIENCE  :     Limited,  8. 

LIEUTENANT-GOVERNOR  :     See  GOVERNORS. 

LIGHT  HOUSE  : 

At  Sandy  Hook,  a  tonnage   duty  imposed  to  defray  the 
expense  of  the,  1530. 

See  BEACONS;     LOTTERIES;     REVENUE. 

LIMERICK,  Earl  of :  Epitaph  on,  xxiii ;  Acts  passed  to  ena 
ble  two  of  his  surviving  kinsmen  to  sell  part  of  their 
estate,  506,  537. 

See  DONGAN. 

LIMITATION : 

Titles  Settlement  Act :     Passed,  xii. 

Estates  Quieting  Act :     Passed,  xiii. 

Settlement  Act :  Ordered  to  be  drawn  up,  xviii ;    Enacted, 

xix. 
Grants,  Patents  and  Rights  Settlement  and  Confirmation 

Brought  up  and  read,  5  ;     Amended,  6 ;     Enacted,  6. 
Land  Titles  Quieting  Bill : 

Recommended  to  be  introduced,  172. 
Ancient  Titles  and  Possessions  Confirmation  Bill  : 

Brought  up  and  read,  1604 ;     Committed,  1605. 
Females  Corcrts  Titles  Confirmation  Bill : 

Brought  up  and  read,  1767;  Committed,  1768;  Amend 
ed  and  sent  for  concurrence  to  the  Assembly,  1786  ; 
Agreed  to  by  that  House  and  title  altered,  1786. 

Quieting  Against  Pretended  Concealment  Bill: 

Brought  up  and  read,  1979  ;  Committed,  1982  ;  Passed, 
and  Assembly  acquainted,  1983  ;  Enacted,  1991. 

See  DEEDS. 
LINO,  MATHEW  ;     Member  of  the  Council,  205. 

LISPENARD,    LEONARD  :     Member  of   Assembly,   1362,  1368, 

1381,  1382,    1395,   1402,  1412,    1415,  1428,    1434,  1444, 

1450,   1451,  1458,   1469,    1487,   1489,    1497,    1515,  1520, 

1521,  1530,    1556,    1594,  1601,  1605,    1607,    1611,  1625, 
1626,  1635,    1643. 

LIVINGSTON : 

Gilbert  Livingston  Lotts  Sale  Bill  : 

Brought  up,  read  and  committed,  468;  Passed,  and 
Assembly  acquainted,  469  ;  Enacted,  476. 

Gilbert  Livingston  Debt  Extinction  Bill  : 

Brought  up,  read  and  committed,  473  ;  Passed,  and 
Assembly  acquainted,  473;  Enacted,  476. 

Gilbert  Livingston's  Trustees  Enabling  Bill: 

Brought  up  and  read,  489  ;  Committed,  490;  Passed, 
and  Assembly  acquainted,  491 ;  Enacted,  495. 

Gilbert  Livingston  Bond  Surrender  Bill: 
Brought  up  and  rend,  574  ;     Committed,  575  ;     Passed, 
and  Assembly  acquainted,  576;     Enacted,  581. 


LIVINGSTON,  GILBERT  : 
583,  584,  588,  592  ; 

LIVINGSTON,    HENRY  : 
1512,  1542,  1590. 

LIVINGSTON,    PETER  :      Member   of   Assembly,  1430,  1434, 

1458,   1491,    1512,  1556,    1558,    1572,  1578,  1580,  1601, 

1018,  1626,    1634,    1042,  1662,    1920,  1923,  1920,  1931, 
1945,  1948,   1949,   1052,  1956. 

LIVINGSTON,  PHILIP  :  Member  of  Council,  521-643,  689-703, 
939-1017  ;  Town  clerk  of  Albany,  581 ;  Commissioner 
to  concert  measures  for  an  expedition  against  Crown  Point, 
987;  His  motion  in  regard  to  the  New  York  commis 
sioners,  994. 

LIVINGSTON,  Alderman  PHILIP  :  Member  of  Assembly,  1362, 
1368,  138:5,  1405,  1412,  1418,  142S,  1434,  1443,  1449.  1451, 
1487,  1495,  1497,  1498,  1512, 1515, 1520,  1536,  1551,  1556, 
1568,  1590. 

LIVINGSTON,  Jr.,  PHILIP  :  Commissioner  to  receive  certain 
moneys  from  Pennsylvania,  1530;  Member  of  Assembly, 
1578,  1601,  16U6,  1618,  1626,  1634,  1635,  1652. 


Member  of  Assembly,  564,  565,  574,  i 
Marries  Cornelia  Beekman,  574. 

Member  of   Assembly,   1396,    1404,  I 


LIVINGSTON :  —  Continued. 

LIVINGSTON,  ROBERT  :  Petitions  for  the  payment  of  certain 
arrears,  29  ;  His-  petition  recommended  to  the  Assembly, 
97,99,100;  Member  of  the  Council,  122-163  ;  Provision 
to  be  made  for  the  payment  of  a  debt  due  to,  141 ;  A 
committee  appointed  to  report  on  the  account  of,  159; 
An  act,  confiscating  his  real  and  personal  estate,  recom 
mended  to  be  passed,  159 ;  The  Indians  desire  that  he 
may  be  sent  to  England,  160;  Report  of  a  committee  of 
the  Legislature  thereon,  161  ;  The  Assembly  demand  that 
he  be  dismissed  from  his  office  of  secretary  of  Indian 
affairs,  162 ;  Member  of  Assembly,  350,  414",  422. 

See  SPEAKERS  OP  THE  ASSEMBLY. 
Bill  to  Oblige  Robert  Lii'ingston  to  Account : 

Brought  up  and  read,  13  ;    Committed,  164;    Amended, 
passed  and  sent   for  concurrence  to    the  Assembly, 
166;    Enacted,  171. 
Bill  to  repeal  that  act,  brought  up,  291 ;    Enacted,  295. 

LIVINGSTON,  Junior,  ROBERT  :  Member  of  Assembly,  545, 
557,  561. 

LIVINGSTON,  ROBERT  R. :  Member  of  Assembly,  695,  718,  719, 
762,  780,  802,  804,  805,  825,  828,  832,  839,  857,  859, 
868,  872,  908,  920,  930,  931,  948,  949,  951,  989,  1031, 
1077,  1103,  1106,  1112,  1117,  1119,  1120,  1122,  1131, 
1132,  1150,  1190,  1275,  1296,  1366,  1368,  1387,  1388, 
1399,  1400,  1413,  1418,  1428,  1435,  1444,  1452,  1454, 
1458,  1490,  1497,  1520,  1521,  1541,  1590,  1604,  1606, 
1625,  1(>35,  1643.  Justice,  appointed  commissioner  to 
receive  certain  moneys  from  Pennsylvania,  1530. 

LIVINGSTON,  WILLIAM  :  1326  ;  Member  of  Assembly,  1362, 
1364,  1382,  1388,  1390,  1400,  1401. 

LIVINGSTON  MANOR: 

Livingston  Manor  (part)  Annexation  to  Albany  Bill: 

Brought  up  and  read,  408 ;     Committed,  409  ;     Passed, 

and  Assembly  acquainted,  409  ;     Enacted,  411. 
Rio;s  in,  1292. 

Ad'/itional  Assessor  and  Constables  Election  Bill: 

Brought  np  and  read,  1662;  Committed,  1663  ;  Ordered 
3d  reading,  1664  ;  Passed,  and  Assembly  acquainted, 
1665 ;  Enacted,  1682. 

Entitled  to  elect  a  member  of  Assembly,  1981. 

LLOYD,  DAVID  :     90. 
LLOYD,  ELIZABETH  :     90. 
LLOYD,  PATIENCE  :     90. 

LLOYD,  THOMAS  :  An  act  passed  to  enable  his  executors  to 
sell  his  property  to  pay  debts,  90. 

LOAN  OFFICERS  : 
Loan   Officers  Bill : 

Brought  up  and  read,  708  ;  Committed,  709  ;  Passed, 
and  Assembly  acquainted,  709  ;  Enacted,  713. 

Loan  Officers  Duty  Explanation  Bill: 

Brought  up  and  read,  1701 ;  Committed,  1702  ;  Passed, 

and  Assembly  acquainted,  1704. 
Again  brought  up  and  read,   1725  ;  Committed,  1726  ; 

Passed,    and   Assembly  acquainted,  1727;    Enacted, 

1728. 
Again  enacted,  1789. 

LOBBY  :  An  act  passed  to  furnish  the  Assembly  chamber 
with  a,  220. 

LOCKHART,  Captain  :     11. 

LODGE,  AB.  :     1326. 

LOMBARDY,  PETER  :     Naturalized,  1583. 

LONG  BILLS  :     See  APPROPRIATIONS. 

LONG  ISLAND  : 

Letter  of  governor  Nicolls  to  the  people  of,  iv ;  Strenuous 
efforts  of  the  people  for  representative  institutions,  vi, 
vii ;  Letters  need  not  go  through  the  post  office  when 
directed  to,  31 ;  Recommended  to  be  called  the  Island 
of  Nassau,  35  ;  A  bill  sent  down  accordingly,  37 ;  Re 
ferred  to  a  committee  of  conference,  38  ;  Enacted,  39  ; 
Difficulties  experienced  in  passing,  39  ;  The  Assembly 
recommended  to  provide  a  maintenance  for  some  min 
ister  at  the  east  --nd  of,  225  ;  Indians  serve  in  the  Can 
ada  expedition,  312;  The  east  end  of,  restored  to  the 
district  of  the  collector  of  New  York,  519. 

See  NASSAU  ISLAXD. 


2040 


INDEX. 


LORD'S  DAT  :    See  SABBATH. 
LORIN,  PETEB  :     Naturalized,  1065. 

LOTT,  ABRAHAM  :     Member  of  Assembly,  745,  780,  828, 832, 
862,  863,  881,  895,  909,  997,  1008,  1028. 

LOTT,  JOHANNIS  :  Member  of  Assembly,  600,  616,  620,  646, 
695,743,745,747,979,991,1019,  1030,  1055,  1058,  1060, 
1062,  1063,  1077,  1136,  1140,  1144,  1174,  1226,  1238, 
•1239,  1246,  1248,  1268,  1276,  1282,  1283,  1287,  1296, 
1342,  1345,  1366,  1381,  1413,  1415. 

LOTTERIES : 

Lotteries  Prevention  Bill: 

Brought  up,  read  and  committed,  465  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  41)6  ;  Agreed 
to  by  that  House,  467  ;  Enacted,  476. 

Albany  Lottery  Bill  : 

Brought  up,  1327 ;  Read  and  committed,  1328  ;  Or 
dered  3d  reading,  1331 ;  Passed,  and  Assembly  ac 
quainted,  1332 ;  Enacted,  1333. 

Revived,  1356. 

Avory  Lottery  Bill : 

Brought  up  and  read,  1276  ;  Committed,  1277  ;  Or 
dered  3d  reading,  1281;  Passed,  and  Assembly  ac 
quainted,  1283  ;  Enacted,  1284. 

£2,250  College  Lottery  Bill  : 

Brought  up  and  read,  949  ;  Committed,  951  ;  Passed, 
and  Assembly  acquainted,  952  ;  Enacted,  959. 

£1,800  College  Lottery  Bill: 

Brought  up  and  read,   1008  ;     Committed,  1009  ;     Or 
dered  3d  reading,  1011  ;     Passed,  and  Assembly  ac 
quainted,  1012;     Enacted,  1015. 
Revived,  1029. 

£1,125  College  Lottery  Bill: 

Brought  up  and  read,  1113;  Committed,  1114;  Or 
dered  3d  reading,  1114;  Passed,  1116;  Assembly 
acquainted,  1117;  Enacted,  1123. 

Reenacted,  1144,  1181. 

Revived,  1212. 

Part  of  College  Lottery  Acts  Repeal  Bill: 
Brought  up  and  read,  1279  ;     Committed,  1280;     Or 
dered  3d  reading,  1282;     Passed,   and  Assembly  ac 
quainted,  1283  ;     Enacted,  1284. 

College  Lotteries  Proceeds  Appropriating  Bill: 
Brought  up  and  read,  1285  ;     Committed,  1286  ;     Pas 
sed,  and  Assembly  acquainted,  1287  ;    Enacted,  1289. 

Lottery  Drawing  Bill : 

Brought  up,  read  and  committed,  934 ;  Passed,  935  : 
Assembly  acquainted,  936  ;  Enacted,  943. 

Lottery  Drawing  Prolongation  Bill: 

Brought  up  and  read,  1150;  Committed,  1151  ;  Pas 
sed,  and  Assembly  acquainted,  1151 ;  Enacted,  1154. 
The  attention  of  the  Legislature  called  to  a  defect  in  the 

law  against  private  lotteries,  1379  ;     New  York  a  mart 

for  foreign  lotteries,  1379. 

Fortifications  Lottery  Bill: 

Brought  up  and  read,  89(5;  Committed,  897;  Amended 
and  ordered.  3d  reading,  899;  Passed,  and  sent  for 
concurrence  to  the  Assembly,  902. 

More  Effectual  Fortifications  Lottery  Bill  : 
Brought  up,  read  and  committed,  907 ;     Passed    and 
Assembly  acquainted,  909  ;     Enacted,  917. 

More  Effectual  fortifications  Lottery  Act  Prolonging  Bill  : 
Brought  up,  read  and   committed,  919 ;     Passed,   and 
Assembly  acquainted,  921 ;     Enacted,  926. 

Fortification  Lottery  Acts  Amendment  Bill : 
Brought  up,  read  and   committed,  919;     Passed,   and 
Assembly  acquainted,  921 ;     Enacted,  926. 

Foreign  Lottery  Tickets  Sale  Prevention  Bill: 

Brought  up,  read  and  committed,   1388  ;     Passed   and 

Assembly  acquainted,  1391;     Enacted,  1391. 
Hemp  Lottiry  Bill  : 

Brought  up    1520;     Read,  1521 ;     Committed,   1522 ; 

Passed,  1525  ;     Enacted,  1530. 
Revived,  1560. 


LOTTERIES :  —  Continued. 
Light  House  Lottery  Bill  : 

Brought  up  and  read,  1434  ;  Committed,  1435  ;  Pas 
sed,  and  Assembly  acquainted,  1436  ;  Enacted,  1438. 

£C,000  (  or  Light  House )  Lottery  Bill  : 

Brought  up  and  read,  1497;  Committed,  1498  ;  Pas 
sed,  and  Assembly  acquainted,  1501 ;  Enacted,  1502. 

New  York  City  Halt  Lottery  Bill  : 

Brought  up  and  read,  1474  ;  Committed,  1475 ;  Pas 
sed  and  enacted,  1475. 

New  York  Jail  Lottery  Bill  : 

Brought  up  and  read,  1279  ;     Committed,  1280  ;     Or 
dered  3d  reading,  1281 ;     Passed,  and  Assembly  ac 
quainted,  1283 ;     Enacted,  1289. 
Reenacted,  1317. 

Oystcrbaij  Lottery  Bill : 

Brought  up  and  read,  1173;  Committed,  1174;  Passed, 
and  Assembly  acquainted,  1177  ;  Messrs.  Alexander, 
Kennedy  and  Smith  dissent,  1177. 

Richmond  County  Lottery  Bill : 

Brought  up  and  read,  1238  ;  Committed,  1239  ;  Passed, 
1240;  Assembly  acquainted,  1241  ;  Enacted,  1247. 

Private  Lotteries  Prevention  Bill : 

Brought  up  and  read,  979  ;     Committed,  980  ;     Passed, 

and  Assembly  acquainted,  981. 
Again  brought  up  and  read,  997;      Committed,  998  ; 

Passed,  and   Assembly  acquainted,  999  ;      Enacted, 

999. 

Private  Lotteries  More  Effectual  Prevention  Bill  : 

Brought  up  and  read,  1843;  Committed,  1845;  Passed, 
1846;  Assembly  acquainted,  1847;  Enacted,  1849. 

Private  Lotteries  More  Effectual  Prevention  Bill  : 

Brought  up  and  read,  1914;  Committed,  1916  ;  Passed, 
and  Assembly  acquainted,  1925  ;  Enacted,  1927. 

.    Province  House  Lottery  Bill  : 

Brought  up  and  read,  1931  ;     Committed,  1933. 
Public  Purposes  Lottery  Bill  : 

Brought  up  and  read,  881;  Committed,  882;  Reported, 
884. 

Loi'DOCN,  Earl:  Appointed  commander-in-chief,  1262; 
Arrives  in  America,  1270;  At  New  York,  1305  ;  Super 
seded,  1320. 

LOUISEOURG:     Reduced,  1340. 
LOUWER,  KONRAT  :     Naturalized,  1751. 

LOVELACE : 

Lovelace  Assignment  Bill  : 

Brought  up  and  committed,  293;  Passed,  and  Assem 
bly  acquainted,  294  ;  Enacted,  295. 

See  GOVERNORS. 

LOWEN,  JACOB  :     Naturalized,  1462. 
LOWEN,  JURY:     Naturalized,  1462. 

LUBBERTZEN,  FREDERICK  :       V. 

LCDLOW.  GABRIEL  :  Clerk  of  the  Assembly,  117,  206,  441, 
525,  541,  563,  667,  671,  693,  696,  703,  718,  723  ;  Member 
of  Assembly,  742,  758,  759,  787,  828,  863,  866,  881. 

LURTING : 

Lurting  Relief  Bill  : 

Brought  up  and  read,  392  ;  Passed,  and  Assembly 
acquainted,  393  ;  Enacted,  395. 

LYMAN,  Major-general:     1213. 
LYON,  BENJAMIN  :     124. 

M. 

MACK,  JURY  :     Naturalized,  1560. 

MACKCLANNAN  (MACKLENAN),  Mr. :  A  joint  committee  meet 
at  the  house  of,  304,  414. 

MAGENS,  JOCHUM  MELCHIOR  :     Naturalized,  1053. 
MAGREQERE,  Major :    28, 


INDEX. 


2041 


MALCOLM,  Rev.  ALEXANDER  :     Appropriation  to,  766. 
MALLEVILLE,  JEAN:     Naturalized,  501,  506. 
MALLEVILLE,  PETER  :     Naturalized,  501,  506. 

MANORS : 

See    CORTLAND  ;     LIVINGSTON  ;     PHILIPSBOROUGH  ;     RENSE- 
LAERSWYCK  ;    WESTCHESTKR. 

MANUFACTURES  :J 

Rape  and  Lintseed  Oil  Manufacture  Encouragement  Bill : 

Brought  up  and   read,   62 ;      Passed,   and  Assembly 
acquainted,  63;     Enacted,  63. 

Lintseed  Oil  Manufacture  Encouragement  Bill  : 

Brought  up,  read  and  committed,  335 ;      Passed,  and 
Assembly  acquainted,  336  ;     Enacted,  336. 

Lampblack  Manufactory  Monopoly  Bill: 

Brought  up,  read  and  committed,  339  ;      Passed,  and 

Assembly  acquainted,  341 ;     Enacted,  342. 
Revived,  423,  518. 

Sugar  Refining  Monopoly  Bill : 

Brought  up,  read  and  committed,  455  ;      Passed,  and 

Assembly  acquainted,  456  ;     Enacted,  461. 
Repealed,  562. 

Great  Britain  gives  a  premium  on  exported  manufac 
tures,  479. 

Paper  Manufacture  Monopoly  Bitt: 
Brought  up  and  read,  512;    Committed,  513  ;  Question 
3d  reading,  negatived,  514.  . 

MARBLETOWN  :     See  ULSTEK. 
MARCHE,  DIANA  :     Naturalized,  506. 
MARCHE,  LIEVIN  :     Naturalized,  506. 
MARCHEL,  JOHN  :     Naturalized,  1751. 

MARRIAGE  : 

Marriage  Act :     Passed,  xiii. 
MARSEQUIE,  HONORS  :     Naturalized,  1708. 
MARSH,  JOHN  :     141,  145. 
MARSHALL,  Colonel :     Where  stationed,  974. 
MARTENS,  ROELOFFE  :     v. 
MARTIN,  HANNAH  :     391. 

MARTIN,  JOSIAH  :      Member  of  Council,  1371,  1372,   1402, 

1417,  1428. 
MARTINSEN,  HENDRICK  :     168. 

MARYLAND : 

Called  on  to  assist  in  the  defence  of  the  frontiers  of  New 
York,  14 ;  Amount  contributed  by,  28  ;  Letters  recei 
ved  in  New  York  from  England  by  way  of,  78 ;  An 
engagement  takes  places  between  the  neighboring  In 
dians  and,  337. 

MASON,  ROBERT  :     Member  of  the  Council,  xxiv. 

MASSACHUSETTS  : 

To  be  called  on  to  aid  in  defending  the  frontiers  of  New 
York,  14 ;  Contributes  towards  the  expedition  against 
Canada,  279  ;  Invites  the  governor  of  New  York  to  a 
consultation  on  the  affairs  of  the  war,  326  ;  Passes  an 
act  for  settling  the  boundary  between  New  York  and, 
604  ;  Proposes  that  the  boundary  be  settled  by  com 
missioners,  732 ;  Invites  New  York  to  assist  in  the 
reduction  of  Cape  Breton,  876 ;  Renews  the  offer  to 
cooperate  with  New  York  in  the  prosecution  of  the  war, 
905 ;  A  conference  held  with  commissioners  from, 
regarding  the  expedition  against  Crown  Point,  965 ; 
Their  report,  984 ;  Thomas  Pownal  commissioner  to 
New  York  from,  1189, 1190 ;  Raises  reinforcements  for 
the  Crown  Point  expedition,  1213  ;  Resolves  to  raise 
men  for  another  attempt  on  Crown  Point,  1251 ;  The 
Legislature  recommended  to  provide  for  running  the 
boundary  line  with,  1292. 

See  BOUNDARIES. 

MASSON,  JOHN  :     Naturalized,  501,  506. 
MASTERS  AND  SERVANTS : 

Masters,  Servants,  Slaves  and  Apprentices  Regulation  Act : 

Passed,  xiii. 

See  SERVANTS. 

256 


MATCHES,  (  METOEH  )  JACOB  :     1031  ;     Naturalized,  1065. 
MATHEWS,  Admiral  :     Engages  the  French  fleet,  838. 
MATHEWS,  DAVID  :     1914. 
MATTHEWS,  Mr. :     Joint  committee  to  sit  at  the  house  of,  7. 

MATTHEWS,  VINCENT  :     Member  of  Assembly,  606,  670,  680, 
685,  695,  707,  1308,  1325,  1352. 

MAURITZ,  JACOB  :     139,  142. 
MAYHEW,  MATHEW  :     xiv. 
MAYO,  JOHN  :     230. 
MAYO,  JOSEPH  :     230. 

MEDINA  agst.  HETT  :     Printed  decree  in  the  case  of,  referred 
to,  568. 

MEETING  HOUSES  :     See  CHURCHES. 

MEMBERS  OF  ASSEMBLY  : 

Representatives  Allowance  Act:     Passed,  xii. 
Representatives  Allowance  Sill :     Enacted,  8. 

Representatives  Better  Payment  Bill : 
Brought  up,  read  and  committed,  148. 
Again  brought  up,  read  and  committed,  151 ;     Report, 
152. 

Representatives  Allowance  Bill: 
Brought  up  and  read,  160  ;     Committed,  162 ;     Passed, 

and  Assembly  acquainted,  166  ;     Enacted,  171. 
Bill  brought  up  for  rendering  more  effectual  a  clause 
thereof,  353  ;     Committed,  353. 

Representatives  Augmentation  Bill: 

Brought  up,  read  and  committed,  173 ;     Amended,  and 
sent  for  concurrence  to  the  Assembly,  174 ;    Enacted, 
174. 
Members  sworn  in,  190,  205,  206,  222,  226. 

Representatives  Allowance  Bill : 
Brought  up  and  read,  402 ;     Committed,  403. 

Albany  Representatives  Arrears  Payment  Bill  : 

Brought  up  and  read,  292  ;  Title  changed,  and  bill  sent 
for  concurrence  to  the  Assembly,  293  ;  Referred  to  a 
committee  of  conference,  293  ;  Report,  294  ;  Enacted, 
295. 

Albany  Representatives  Pay  Bitt  : 

Brought  up  and  read,  482 ;  Committed,  483  ;  Passed, 
and  Assembly  acquainted,  489  ;  Enacted,  495. 

Codrington  Payment  Bill: 

Brought  up  and  read,  414;  Committed,  415  ;  Assem 
bly  acquainted,  415  ;  Enacted,  417. 

Jansen  et  al.  Payment  Bitt  : 

Brought  up  and  read,  402  ;  Committed,  403  ;  Amend 
ed,  413  ;  Sent  for  concurrence  to  the  Assembly,  414  ; 
Agreed  to  by  that  House,  415  ;  Enacted,  417. 

Rutsen  and  Garretsen  Satisfying  Bill:     Enacted,  367. 
See  ULSTEK. 

Schenectady  Representative  Allowance  Bill  : 

Brought  up  and  read,  408 ;  Committed,  409  ;  Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  414  ; 
Further  amended,  415  ;  Amendment  agreed  to,  and 
Assembly  acquainted,  415;  Enacted,  417. 

Reeiiacted,  430. 

Suffolk  County  Representatives  Allowance  Bill : 

Brought  up,  read  and  committed,  586  ;  Passed,  and 
Assembly  acquainted,  587  ;  Enacted,  590. 

Tryon  and  Cumberland  Representatives  Allowance  Sitt: 
Brought  up  and  read,  1881;  Committed,  1883  ;  Passed 
and  Assembly  acquainted,  1884 ;     Enacted,  1894. 

ran  Horn  et  al.  Pay  Bill  : 

Brought  up  and  read,  482  ;  Committed,  483  ;  Amended, 
488  ;  Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  488 ;  Agreed  to  by  that  House,  490  ;  Enacted, 
495. 

Van  Horn  et  al.  Pay  Bitt  : 

Brought  up  and  read,  511 ;  Passed,  and  Assembly  apt 
quainted,  512;  Enacted,  517. 


2042 

MEMBERS  OF  ASSEMBLY:—  Continued. 
West  Chester  Burgesi  Allowance  Bill: 
Brought  up,  read  and  committed,  230;     Amended  and 
sent  for  concurrence  to  the  Assembly,   231;     Agreed 
to  by  that  House,  232 ;     Enacted,  234. 

Wilson  et  al  Pay  Bill  : 

Brought  up  and  read,  470  ;  Committed,  471 ;  Amended, 
472  ;  Rejected,  472. 

Again  brought  up,  read  and  committed,  493  ;  Amended 
and  amendment  disagreed  to,  494;  Passed,  and 
Assembly,  acquainted,  494:  Enacted,  49a. 

See  ASSEMBLY;     GENERAL  ASSEMBLY  ;     ELECTIONS. 

MEMORIALS : 

Of  certain  aggrievances  and  oppressions,  laid  before  the 
Council,  and  referred,  414;  Report  thereon  agreed  to, 
417  ;  The  provincial  agent  to  be  instructed  to  find  out 
the  author  of,  419.  See  ADDRESS;  MUI.FORD. 

Of  James  Dixon,  collector,  praying  for  the  repair  of  the 
New  York  custom  house,  presented  and  referred,  420. 

Of  Thomas  Byerley,  receiver-general,  praying  the  Coun 
cil  to  recommend  the  repairing  of  the  custom  house,  441. 

Of  Andries  Coeymans,  against  the  bill  for.  the  better  re 
pairing  the  fortifications  of  Albany.  471. 

Of  Archibald  Kennedy,  requesting  that  the  rates  of  certain 
quit-rents  be  established  by  law,  509  :  Referred,  509  ; 
Report  thereon,  510.  See  QUIT-RENTS. 

Of  the  attorney-general,  representing  the  neglect  of  the 
corporation  of  Albany  to  comply  with  the  provisions  of 
a  certain  act  of  the  Legislature,  575 

Of  the  attorney-general,  against  the  bill  regulating  pro 
secutions  by  Informations,  826. 

Of  the  receiver-general  on  the  subject  of  quit-rents  com 
municated,  1167. 

Of  captain  John  Morke,  -wherein  he  proposes  several 
useful  things,  communicated  to  the  board,  1169  ;  A 
joint  committee  appointed  to  investigate  his  proposals, 
1170  ;  Reported,  1172. 

Of  the  proprietors  of  East  Jersey,  printed  and  distributed, 
1205. 

SEE  PETITIONS. 

MEBCHAND,  JOSEPH  CACHET  :     Naturalized,  1065. 
MERCIER,  SUSANNAH  :     Naturalized,  562. 

MERRIT,  WILLIAM  :      Member  of  Assemblv,  2,  4,  8,  11,  13, 
14,  17,  103,  109. 

MF.RKVVAT,  HANS  JURY  :     Naturalized,  1583. 

MERRIL,  RICHARD  :     Member  of  Assembly,  533,  555,  576. 

MESSAGES : 

FROM  THE-ASSEMBLY  TO  THE  GOVERNOR  : 

That  the  attorney-general  draw  up  the  bills,  3. 

That  the  House  had  agreed  on  a  plan  for  settling  courts 

of  judicature,  5. 

Complaining  of  the  want  of  an  attorney-general,  7. 
Thanking  the  governor  for  his  care  of  the  province,  8. 
Acquainting  the  commander-in-chief,  &c.,  that  they  are 

ready  to  receive  his  commands,  14. 
That  they  had  finished  all  business  and  desire  to  be 

dismissed,  21. 
With  the  revenue  bill,  and  thanking  his  excellency  for 

his  great  care  of  the  province,  28. 
Requesting  that  a  proclamation  be  issued  to  enforce  the 

currency  of  wampum,  30. 

Thanking  his  excellency  for  his  care  of  the  frontiers,  36. 
Requesting  his  excellency  to  order  the  collector  to  lay 

accounts  of  the  revenue  before  the  House,  51. 
Expressing  their  willingness  to  provide  for  the  frontiers, 

61. 
Desiring  that  the  accounts  of  the  revenue  since  the  earl 

of  Bellomont's  arrival,  be  laid  before  the  House,  179. 
Stating  that  it  would  be  imprudent  for  that  House  to 

engage  in  any  scheme  for  conducting  the  war  before 

a  plan  is  imparted  to  them,  871. 

FROM  THE  ASSEMBLY  TO  THE  COUNCIL  : 

That  the  House  had  voted  its  thanks  to  the  governor,  2. 

That  a  sergeant-at-arms  be  appointed,  3. 

Requesting   the   appointment  of  a  joint  committee  on 

fees,  4. 
Desiring  to  know  -what  business  is  to  be  laid  before 

them,  11. 
Desiring  that  the  bill   for  the  probate  of  wills  and  the 

table  of  fees  be  passed,  21. 
Praying  a  regulation  of  fees,  33. 


INDEX. 


MESSAGES :  —  Continued. 

For  the  appointment  of  a  joint  committee  to  examine 
the  debts  of  the  government,  37. 

Requesting  the  council  to  appoint  a  committee  on 
measures  to  secure  the  frontiers,  68. 

Requiring  to  know  what  supply  will  be  necessary  for 
the  frontiers,  82. 

Requesting  the  appointment  of  a  committee  to  confer 
with  a  like  committee  of  the  Assembly  in  preparing 
an  address  to  the  King,  99. 

Desiring  a  conference  on  Indian  affairs,  124. 

Showing  why  they  cannot  admit  any  amendments  by 
the  Council  to  money  bills,  329. 

To  remind  the  Council  of  certain  bills,  and  desiring  to 
know  what  progress  has  been  made  therein,  372. 

To  appoint  a  committee  to  confer  on  the  regulating  of 
fees,  372. 

To  acquaint  the  Council  that  that  house  is  inclined  to 
adjourn  for  the  harvest,  400. 

Requesting  a  conference  on  the  debts  of  the  government, 
414. 

Demanding  satisfaction  for  an  innovation  in  sending 
bills  by  their  deputy  clerk,  687  ;  Answer,  C88. 

Requesting  that  a  joint  committee  be  appointed  to  pre 
pare  a  fee  bill,  723. 

Requesting  that  House  to  unite  in  an  address  to  his 
Majesty  praying  that  a  sufficient  sum  be  allowed  for 
the  erection  of  a  governor's  residence,  789. 

Requesting  a  conference  on  the  subject  of  fortifications, 
880. 

Requesting  a  conference  on  the  subject  of  the  appoint 
ment  of  commissioners  to  treat  with  those  of  the 
neighboring  colonies  for  the  prosecution  of  the  war, 
906. 

Requesting  an  adjournment  on  account  of  the  small-pox, 
918. 

Requesting  to  meet  at  Brookland,  919. 

Requesting  the  appointment  of  a  committee  to  consider 
that  part  of  his  Excellency's  speech  relating  to  intru 
sions  on  this  colony,  1112. 

To  be  informed  what  progress  the  Council  have  made 
in  a  bill  to  continue  certain  acts  for  the  support  of 
government,  1134. 

Requesting  their  concurrence  to  the  five  pound  bill,  1318. 

Requesting  them  to  appoint  a  committee  to  join  a  com 
mittee  of  the  Assembly  to  prepare  a  representation  to 
his  Majesty  on  the  expense  incurred  by  the  colony  for 
support  of  the  war,  1348. 

Requesting  the  appointment  of  a  joint  committee  to  in 
quire  into  the  contents  of  a  pamphlet  entitled,  "  The 
Conduct  of  Cadwallader  Colden,"  &c.,  1635. 

FROM  THE  COUNCIL  TO  THE  ASSEMBLY  : 

Recommending  that  House  to  consider  a  bill  for  estab 
lishing  the  courts  of  justice,  3. 

Recommending  Captain  Kidd,  3. 

Urging  the  House  of  Assembly  to  provide  for  the 
judges,  4. 

Asking  that  House  to  expedite  a  bill  regulating  wages  of 
day  laborers,  5. 

Notifying  the  Assembly  that  they  had  assented  to  cer 
tain  bills,  6. 

Requesting  a  conference  to  arrange  a  method  for  draw 
ing  up  bills  and  stating  that  they  had  appointed  a 
committee  for  that  purpose,  7. 

Recommending  that  House  to  prepare  a  bill  for  the 
better  detaching  of  the  militia  for  Canada,  26. 

To  expedite  the  subsidy  for  the  forces  at  Albany,  52. 

Asking  that  House  to  provide  for  troops  coming  from 
England,  59. 

Informing  the  Assembly  that  if  they  do  not  provide  a 
sufficient  force  tor  the  frontiers  the  governor  will  have 
recoxirse  to  the  powers  conferred  on  him  by  his  com 
mission,  61. 

Expressing  dissatisfaction  at  the  Assembly's  answer 
thereto,  62. 

In  reply  to  the  answer  of  the  Assembly  to  the  governor's 
speech,  64. 

Inquiring  what  the  Assembly  will  contribute  towards 
rebuilding  the  king's  chapel,  65. 

Informing  the  Assembly  that  the  governor  is  about  to 
pass  the  winter  in  Albany,  100. 

Recommending  that  House  to  provide  ways  and  means 
to  discharge  the  public  debts,  134. 

In  answer  to  one  from  the  Assembly  relating  to  certain 
fees,  138. 

Desiring  the  Assembly  to  appoint  a  chaplain,  177. 

Desiring  that  House  to  unite  in  an  address  to  her  ma 
jesty,  178. 

Recommending  that  provision  be  made  for  the  payment 
of  certain  expenses  incurred  by  the  governor,  183. 


INDEX. 


2043 


MESSAGES :  —  Continued. 

Desiring  them  to  join  in  an  address  to  the  Queen  con 
gratulating  her  on  the  late  success  of  her  arms  by  sea 
and  land,  194 ;  Also  to  represent  to  her  Majesty  the 
hardships  of  the  province  and  to  pray  for  aid,  195, 

Requesting  that  House  to  prepare  a  bill  providing  for  the 
payment  of  arrears  of  taxes,  200. 

Answer  of  the  Assembly  thereto  and  further  message 
from  the  council,  201. 

Conveying  their  reasons  for  making  amendments  to 
money  bills,  328. 

Desiring  to  know  whether  the  provincial  treasurer  has 
given  security  and  to  whom,  474. 

Desiring  a  tree  conference  on  a  letter  from  the  commis 
sioners  for  Indian  affairs,  859. 

Desiring  a  conference  with  respect  to  some  mistakes  in 
the  votes  of  that  House  on  the  preceding  free  confe 
rence,  872. 

FROM  THE  GOVERNOR  TO  THE  ASSEMBLY  : 

Urging  a  supply  for  the  defense  of  the  frontiers,  69,  74. 

Correcting  a  mistaken  notion  of  the  Assembly  respect 
ing  surplusage  of  taxes,  70. 

Stating  why  the  bill  for  the  defense  of  the  frontiers  was 
rejected,  73. 

Recommending  the  Assembly  to  repair  the  magazines 
and  fort,  and  announcing  "  the  late  hellish  attempt 
of  the  slaves,"  333. 

Reminding  the  House  that  the  funds  for  the  support  of 
government  are  about  expiring,  and  desiring  that  pro 
vision  be  made  accordingly,  373. 

Announcing  a  war  with  Spain,  and  urging  measures  of 
defense.  439. 

Advising  that  House  what  he  had  done  in  regard  to  the 
public  defenses,  848. 

Recommending  further  defensive  measures,  850. 

Recommending  cooperation  in  the  expedition  against 
Cape  Breton,  and  putting  the  province  into  a  state  of 
defense,  880. 

Advising  that  House  of  the  measures  he  has  adopted  for 
the  public  defense,  and  recommending  building  of 
certain  forts,  905. 

Stating  his  inability  to  open  the  session  in  person,  918. 

Informing  that  House  that  the  proposed  expedition 
against  Canada  has  been  laid  aside,  988. 

Urging  the  House  to  provide  for  several  services  ;  Re 
porting  the  state  of  Indian  affairs  and  the  necessity  ot 
providing  for  an  exchange  of  prisoners,  1017. 

Recommending  that  provision  be  made  for  presents  to 
the  Indians,  and  for  the  expenses  attending  an  in 
terview  with  them,  1143. 

FROM  THE  GOVERNOR  TO  THE  COUNCIL  : 

Communicating  an  agreement  entered  into  with  com 
missioners  of  Massachusetts  and  Connecticut,  for  an 
expedition  against  Crown  Point ;  securing  Oswego, 
and  other  like  measures,  983. 

Announcing  the  destruction  of  Hosick,  and  urging  the 
payment  of  the  public  debts,  1166. 

Communicating  complaints  of  the  Mohawks  and  re 
commending  their  redress,  1167. 

Communicating  copy  of  a  memorial  of  the  receiver- 
general  in  regard  to  quit-rents,  1167. 

With  a  memorial  of  captain  John  Morke,  1169. 

Communicating  a  letter  from  sir  Thomas  Robinson,  and 
urging  activity  at  this  juncture,  1172. 

Announcing  the  commencement  of  hostilities  and  call 
ing  on  the  Legislature  to  provide  for  the  public  de 
fense,  1182. 

Calling  attention  to  the  trade  carried  on  with  Louis- 
bourg  and  recommending  that  it  be  stopped,  1184. 

Announcing  the  arrival  of  general  Braddock  and  calling 
for  further  aid,  1189. 

Informing  the  board  of  his  visit  to  Alexandria,  and  of 
the  approval  of  general  Shirley's  plan,  1191 

Communicating  a  letter  from  the  secretary  of  state,  and 
calling  for  an  augmentation  of  troops,  &c.,  1196. 

Announcing  receipt  of  arms  from  Virginia,  and  calling 
attention  to  the  state  of  Indian  affairs,  1198. 

Communicating  proceedings  of  the  general  court  of 
Massachusetts,  and  making  various  suggestions  of  a 
military  nature,  1200. 

Announcing  the  defeat  of  general  Braddock,  and  urging 
increased  eQorts  for  the  war,  1208. 

Transmitting  news  from  the  northern  frontier  and  re 
commending  reinforcements  to  be  forwarded,  1213. 

Of  sir  Charles  Hardv,  on  assuming  the  government, 
1213. 

Communicating  information  in  regard  to  murders  com 
mitted  by  Indians  on  the  north,  line  of  Pennsylvania, 
1226. 


MESSAGES :  —  Continued. 

With  an  instruction  regarding  the  expense  of  running 
the  line  between  New  York  and  New  Jersey,  and  re 
commending  the  settlement  of  the  controversy  with 
Massachusetts,  1231. 
Communicating   another  plan   from  governor   Shirley, 

and  news  of  further  Indian  murders,  1232. 
With  information  of   the  defenseless   state  of  Orange 
county  and  recommending  the  erection  of  a  line  of 
block-houses  along  the  frontier,  1233. 
Transmitting  the  decision  of  a  council  of  war  recom 
mending  the  raising  of  forces  in  the  several  colonies, 
1237. 
Urging  the  furnishing  of  the  quota  of  men  allotted  to 

the  colony,  1247. 
Informing  the  Council  of   aggressions   committed  in 

Ulster  county,  1250. 
Communicating  resolves  of  Massachusetts  to  raise  men 

for  an  attempt  on  Crown  Point,  1251. 
Announcing   the   difficulty   of    enlisting   men   for   the 
Crown  Point  expedition,  and  recommending  correc 
tive  measures,  1256. 

Announcing  the  appointment  of  the  earl  of  Loudoun, 
calling  for  recruits  and  promising  grants  of  land  at 
the  end  of  the  war,  1262. 

Communicating   complaints   of  the   Indians  respecting 
the  patents  of  Kayaderosseras,  Canajoharie  and  Oris- 
kany,  and  recommending  redress,  1265. 
Recommending  provision  to  be  made  for  the  erection  of 

barracks,  1266. 
Transmitting  accounts  of  commissaries  and  calling  for 

more  barracks,  1266. 
Calling  on  the  legislature  to  provide  for  the  troops  in 

winter  quarters,  1277. 
Demanding  quarters  for  the  Royal  American  regiment, 

1280. 

Announcing  his  resumption  of  the  government  and  the 
surrender  of  fort  William  Henry,  1304,  and  recom 
mending  that  provision  be  made  for  the  support  of 
the  government,  1305. 

Announcing  continued  outrages  by  the  Indians  in  Ul 
ster  and  Orange,  and  advising  measures  for  the  con 
sideration  of  the  legislature,  1307. 

Recommending  sundry  measures  to  the  legislature,  1334. 
Announcing  the  proposed  invasion  of  Canada  and  call 
ing  for  additional  troops,  1362. 

In  regard  to  a  loan  required  by  general  Amherst,  1371. 
Calling  for  further  provision  to  be  made  for  the  New 

York  levies,  1370. 
Congratulating  them  on  the   success   of  his   majesty's 

arms  and  calling  for  more  men,  1394. 
Communicating  intelligence  of  a  terrible  fire  in  Boston, 
and  urging  a  vote  of  money  to  relieve  the  sufferers, 
1399. 

Recommending  that  provision  be  made  to  supply  a  cer 
tain  temporary  deficiency  in  the  revenue,  1400. 
Communicating  instructions  from  the  secretary  of  state 
to  provide  two-thirds  of  the  men  furnished  for  the 
last  campaign,  1429. 

Informing  the  house  that  the  new  levies  fall  short  of  the 
number  voted,  and  calling  for  the  full  number  of 
men,  1433. 

Announcing  the  appointment  of  Benjamin  Pratt  to  be 
chief  justice,  and  requiring  that  provision  be  made 
for  his  salary,  1450. 

Announcing  a  declaration  of  war  with  Spain,  and  call 
ing  for  additional  levies,  1474. 

Transmitting  a  return   of  enlistments,  and  requesting 
that  means  be  adopted  to  complete  the  new  levies, 
1476. 
In  relation  to  the  boundary  line  between  the  counties  of 

Albany  and  Ulster,  1487. 

Recommending  that  provision  be  made  for  defraying  the 
expense    attending   prosecutions   at   the  suit   of  the 
crown,  1488. 
Recommending  the  settlement  of  the   New  York  and 

New  Jersey  boundary  line,  1491. 

Urging  the  revisal  of  the  laws  for  billeting  and  quarter 
ing  the  troops  and  impressing  horses,  &c. ,  1493. 
Announcing  the  passing  of  laws  for  defraying  the  ex 
pense  accruing  in  the  final  settlement  of  the  New  York 
and  New  Jersey  boundary  and  urging  a  like  provision 
to  ascertain  the  New  York  and  Massachusetts  line, 
1543. 

Informing  the  board  that  great  dissatisfaction  prevails 
among  the  Mohawk  nation  on  account  of  the  Kaya 
derosseras  patent,  and  recommending  vacating  the 
same,  also  communicating  the  papers  in  the  case,  1549. 
Transmitting  copy  of  the  act  of  Parliament  for  quarter 
ing  the  king's  troops,  and  the  commander- in-chief 'a 
requisition  accordingly,  1568. 


2044 


INDEX. 


MESSAGES :—  Continued. 

Recommending  an  aid  to  a  society  for  founding  a  pub 
lic  hospital  in  New  York,  1806. 

Transmitting  an  extract  of  the  royal  instructions  in 
regard  to  a  powder  duty,  1810. 

METERS,  SOLOMON  :     Naturalized,  506. 

MICHAPX,  PAUL  :     Member  of  Assembly,  1026,   1030,   1049, 

1050,  1071,  1072. 

MICLEK,  BAKTEL  :     Naturalized,  506. 
MIDWIVES  :     See  PHYSIC. 

MILBDRXE,  JACOB  :     His  attainder  reversed,  125. 
Milburne  Estate  Settlement  Bill  : 

Brought  up,  133;  Read  and  committed,  134;  Passed, 
135  ;  Enacted,  143. 

MILE  STONES: 

Mile  Stones  Defacing  Prevention  Bill  : 
Brought  up  and  read,  1913  ;  Committed,  1914  ;  Passed, 
and  Assembly  acquainted,  1918  ;  Enacted,  1927. 

MILITARY : 

Fusileers  Incidentals  Defraying  Bill :  Read  and  enacted,  8. 

Albany  Defense  Bill :     Enacted,  13. 

Accounts  of  the  fusileers  called  for,  14;  Referred  to  a 
committee,  15 ;  Two  companies  maintained  by  the 
crown  in  New  York,  35;  Pay  of  soldiers,  56,  60; 
Troops  coming  to  New  York  from  England,  59,  63. 

Albany  Security  and  Reinforcement  Bill  : 
Brought  up,  read,   and   a  conference   requested,   16  ; 
Amended,  and  sent  for  concurrence  to  the  Assembly, 
17;     Agreed  to  by  that  House  and  enacted,  17. 

Albany  Reinforcement  and  Security  Bill  : 
Brought  up  and  read,  21 ;     Enacted,  23. 

300  Volunteers  Paying  Bill  : 

Brought  up  and  read,  36  ;  Conference  requested,  36  ; 
Passed,  37  ;  Enacted,  39. 

Mbany  Reinforcement  Bill  : 
Brought  up,  read  and  amended,  65  ;     Enacted,  65. 

Men  in  Ulster  and  Dutchess  Counties  Raising  Bill: 

Read  and  amended,  21 ;  Sent  to  the  Assembly  for  con 
currence,  21 ;  Enacted,  23. 

Officers  and  Soldiers  Paying  Bill : 
Brought  up  and  passed,  79 ;     Enacted,  79. 

Companies  Keeping  and  Enlistment  Bill  : 

Brought  up,  read  and  enacted,  86. 
Barracks  Furnishing  Bill : 

Brought  up,  read  and  committed,  1593  ;  Passed,  and 
Assembly  acquainted,  1594. 

Bratt's  Company  Pay  Bill  : 

Brought  up,  read,  and  ordered  to  lie  on  the  table,  229  ; 
Committed,  230 ;  Amended,  and  sent  for  concur 
rence  to  the  Assembly,  232. 

Deserters  Prevention  Bill  : 

Brought  up  and  read,  79  ;  Amended,  and  sent  for  con 
currence  to  the  Assembly,  80  ;  Disagreed  to  by  that 
House,  80  ;  Attention  again  called  to  the  subject,  96, 
97. 

Desertion  Prevention  Bill  : 

Read  three  times,  passed,  and  the  Assembly  acquainted, 
140  ;  Enacted,  143. 

Mutiny  or  Desertion  Punishment  Bill  : 

Brought  up,  read  and  committed,  152 ;  Amended,  153  ; 
Passed,  and  sent  for  concurrence  to  the  Assembly, 
153 ;  Agreed  to  by  that  House,  153 ;  Enacted,  153". 

Desertion  Prevention  Bill  : 

Presented,  and  read,  324 ;  Amended,  325  ;  Passed, 
325  ;  Sent  for  concurrence  to  the  Assembly,  326. 

Desertion  Prevention  Bill  : 

Presented  by  Mr.  Harrison;  and  read,  501 ;  Committed, 
501 ;  Ordered  engrossed,  502  ;  Passed,  and  sent  for 
concurrence  to  the  Assembly,  504  ;  Amended  by  that 
House,  505  ;  Enacted,  506. 


MILITARY :  —  Continwd. 
Desertion  Prevention  Bill : 

Ordered  to  be  prepared,  544  ;     Presented  by  Mr.  Harri 
son,  read  and  committed,  544  ;     Read  3d  time,  545  ; 
Passed,  and  sent  for  concurrence  to  the  Assembly,  546  ; 
Enacted,  550. 
Revived,  590,  625. 
Reeuacted,  645. 
Desertion  Prevention  Bill : 

Brought  up  and  read,  910  ;  Committed,  911 ;  Amend 
ed,  911;  Passed,  and  sent  for  concurrence  to  the 
Assembly,  912;  Agreed  to  by  that  House,  914; 
Amendments,  914;  Enacted,  917. 

Continued,  959. 

Further  continued,  982. 

Deserters  Apprehension  Bill  : 

Brought  up  and  read,  1266  ;  Committed,  1267 ;  Passed, 
and  Assembly  acquainted,  1267;  Enacted,  1269. 

Revived,  1298/1356. 

Continued,  1391,  1423. 

Reenacted,  1477. 

Royal  American  regiment  about  to  embark  for  Albany, 
1280. 

Grenadiers  Encouragement  Bill: 

Brought  up,  read,  and  a  conference  requested,  82 ; 
Amended,  and  sent  for  concurrence  to  the  Assembly, 
83  ;  Conference  thereupon,  83  ;  Further  amended, 
84 ;  Council  non-concur,  84 ;  Governor's  assent  re 
fused,  85. 

Fusiliers  Paying  Bill: 

Brought  up,  read,  and  title  amended,  83 ;     Conference 

ordered,  83  ;     Enacted,  84. 
The  Assembly  recommended  to  provide  payment  for 

Schuyler's  fusileers,  90. 

150  Fusileers  Raising  and  Paying  Bill: 

Brought  up  and  read,  180  ;     Enacted,  181. 
Fusileers  Maintenance  Bill: 

Brought  up,  read  and  committed,  207;     Enacted,  207. 
Fusileers  Payment  Bill  : 

Brought  up  and  read,  212;  Committed,  213  ;  Amended, 
214 ;  Assembly  charged  with  attempting  innovations, 
215 ;  Sent  for  concurrence  to  the  Assembly,  215  ; 
Which  explains  its  intention,  217;  And  thereupon 
resolves  not  to  admit  any  amendment  by  the  Council 
to  a  money  bill,  218. 

Scouts  Paying  Bill : 

Brought  up  and  read,  238  ;  Committed,  reported  with 
out  amendment,  and  recommitted,  239  ;  Report,  240  ; 
Governor's  assent  refused,  240. 

Soldiers  arrive  at  New  York,  276. 

487  Men  Detaching  Bill  : 

Brought  up,  amended,  and  sent  for  concurrence  to  the 

Assembly,    282 ;      Conference   and    Council    recede, 

283 ;     Enacted,  283. 
Soldiers  to  be  stationed  at  Albany  and  places  adjacent, 

290 ;     The  British  officers  for  the  Canada  expedition 

recommended  to   the  Assembly  for   their  pay,  326  ; 

To  garrison  forts  in  the  Indian  country,  332  ;     Forces 

raised  for  the  Canada  expedition  disbanded,  323. 
Forces  for  Canada  Expedition  Bill : 

Brought  up  and  enacted,  313. 
Volunteers  Rewarding  Bill : 
Brought  up,  read  and  committed,  314;     Passed,  and 

Assembly  acquainted,  315  ;     Enacted,  317. 
Resolution  of  the  Assembly  relating  to  the  punishment 

of  mutiny,  desertion  and  disobedience,  &c.,  referred 

to  a  committee,  319. 

Suffolk  County  Forces  Paying  Bill  : 

Brought  up  and  read,  327 ;  Committed,  327 ;  Amend 
ed,  328 ;  Sent  for  concurrence  to  the  Assembly,  329. 

Again  brought  up  and  read,  336 ;  Committed,  337 ; 
Passed,  and  Assembly  acquainted,  339  ;  Enacted,  342. 

Fusileers  Tax  Arrears  Paying  Bill : 

Brought  up  and  read,  349  ;  Committed,  350  ;  Passed, 
and  Assembly  acquainted,  350;  Enacted,  353. 

Soldiers  Credit  Prevention  Bill: 
Ordered  to  be  brought  in,  499. 


INDEX. 


2045 


MILITARY  :  —  Continued. 

Volunteers  Victualing  and  Transportation  Bill: 
Brought  up  and  read,  753  ;     Committed,  passed,  and 
Assembly  acquainted,  754 ;     Enacted,  755. 

Volunteers  Victualing  Bill : 

Brought  up,  763;  Committed,  764;  Motion  for  3d 
reading  negatived,  and  bill  rejected,  764. 

Recruits  sent  to  the  Royal  American  Regiment  from  New 

York,  802. 
Troops  ordered  to  be  raised  in  the  colonies  for  Canada 

expedition,  927. 

Volunteers  Encouragement  Bill : 

Brought  up  and  read,  935  ;  Committed,  936  ;  Passed, 
and  Assembly  acquainted,  937  ;  Enacted,  943. 

Albany  Detachment  Bill: 

Brought  up,  read  and  committed,  939  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  940  ;  Agreed 
to  by  that  House,  942  ;  The  amendments,  942 ;  En 
acted,  943. 

Troops  Victualing  Bill : 

Brought  up  and  read,  956;  Committed  and  passed, 
957 ;  Enacted,  959. 

Troops  Further  Provisioning  Bill  : 

Brought  up  and  read,  967 ;  Committed,  968  ;  Passed, 
and  Assembly  acquainted,  969  ;  Enacted,  970. 

Eight  Companies  Victualing  Bill : 

Brought  up  and  read,  991 ;  Committed,  994  ;  Motion 
to  instruct  the  committee  negatived,  994;  Report, 
995  ;  Motion  to  postpone  receiving  the  report,  neg 
atived,  and  report  agreed  to,  996  ;  Mr  Golden  dis 
sents,  996 ;  Passed,  with  a  protest,  and  Assembly 
acquainted,  996;  Enacted,  999. 

Northern  Forces  Payment  Bill  : 

Brought  up,  read  and  committed,   1027  ;     Passed,  and 

Assembly  acquainted,  1028  ;     Enacted,  1029. 
Companies  sent  from  New  York  to  Virginia,  1147. 

Eight  Companies  Pay  and  Subsistence  Bill  : 

Brought  up  and  read,  1193  ;     Committed,   1193;     Pas 
sed,  and  Assembly  acquainted,  1195  ;     Enacted,  ll'Jo  ; 
An  act  passed  to  explain  part  of  a  clause,  1219. 
William  Johnson,  commander-in-chief  of  the  Provin 
cials,  1197. 

Two  independent  companies,  and  a  part  of  PepperelFs 
regiment,  sent  to  Oswego,  1197. 

Crown  Point  Army  Reinforcement  Bill : 
Brought  up  and  read,  1209  ;     Committed,  1210. 

Connecticut  Troops  Payment  Bill :     Enacted,  1219. 

1715  men  authorized  to  be  raised  to  assist  in  reducing 
Crown  Point,  1255  ;  Little  prospect  of  raising  them 
by  enlistment,  1256;  An  Act  passed  for  the  more 
speedy  and  effectual  raising  thereof,  1259. 

New  York  Forces  Paying  and  Clothing  Bill : 
Enacted,  1289,  1298,  1333. 

2,680  New  York  provincials  authorized  to  be  raised,  1333. 
A  like  number  again  authorized  to  be  raised,  1368. 
A  like  number  voted  for  the  reduction  of  Montreal,  1398. 
1,780  provincials  voted  to  secure  his  Majesty's  conquests 

in  North  America,  1432. 
173  volunteers  voted  for  the  protection  of  the  frontiers, 

1446. 
1,787  men  voted  for  securing  his  Majesty's  conquests  in 

North  America,  1472. 

173  volunteers  voted  for  the  frontier  posts,  1502. 
773  men  voted  for  the  war  against  the  western  Indians, 

&c.,  1523. 
180  scouts  voted  to  be  employed  against  the  western 

Indians,  1537. 

Troops  Furnishing  and  captain  Martin's  Losses  Paying 

Bill  : 

Brought  up  and  read,  1618  ;  Committed,  1619 ;  Passed, 
1619;  Enacted,  1620. 

Troops  Further  Provision  Bill  : 

Enacted,  1630,  1681,  1707,  1728,  1789, 1822,  1893,  1927. 
See  APPROPRIATIONS  ;     FRONTIERS. 


MILITIA  : 

Militia  Settlement  Act:     Passed,  xiii. 
Militia  Settlement  Bill  : 

Brought  up,  amended,  and  enacted,  6. 
Militia  Act  Defects  Supplying  Bill  : 

The  clerk  of  the  Council  ordered  to  prepare,  170  ;  Pre 
sented,  read  and  committed,  170  ;  Sent  for  con 
currence  to  the  Assembly,  170  ;  Enacted,  171. 

The  better  regulation  of  the  militia  recommended  for 
the  consideration  of  the  Legislature,  177. 

Militia  Better  Settlement  and  Former  Acts  Repeal  Bill : 
Presented  by  the  attorney-general  and  read,  181 ;    Sent 
for  concurrence  to  the  Assembly,  181. 

Militia  Better  Settling  and  Rendering  More  Useful  and 
Former  Acts  Repeal  Bill  : 

Brought  up,  read  and  committed,  184;  Passed,  and 
enacted,  185  ;  Recommended  for  further  consider 
ation,  189  ;  Expired,  225. 

Revived,  240.  263,  400,  411,  430. 

Continued,  287,  302,  331,  353,  361,  390,  461. 

Militia  Fine  Recovtry  Bill  : 

Brought  up,  read  and  committed,  194 ;  Report,  197  ; 
Passed,  and  Assembly  acquainted,  198;  Enacted, 
204.  See  KINGS  ;  QUEENS. 

Militia  Acts  Revival  Bill : 

Presented  by  attorney-general,  read  and  committed, 
227  ;  Amended,  228  ;  Passed,  and  sent  for  con 
currence  to  the  Assembly,  229. 

Militia  Settling  Bill  : 

Brought  up,  read  and  committed,  229  ;  Amended,  and 
sent  'for  concurrence  to  the  Assembly,  232  ;  Dis 
agreed  to  by  that  House,  233. 

A  committee  appointed  to  examine  and  report  on  the 
defects  of  the  militia  law,  333  ;  Report,  334. 

Militia  Acts  Reviving,  Amending,  or  Continuing  Bill : 

Ordered  to  be  brought  in,  335 ;  The  attorney-general 
ordered  to  prepare  it,  336  ;  Presented,  read  and  com 
mitted,  338  ;  Amended,  338  ;  Passed,  and  sent  for 
concurrence  to  the  Assembly,  340. 

Again  presented  and  committed,  346. 

Militia  Settlement  and  Former  Acts  Repeal  Bill : 

A  committee  appointed  to  prepare,  384;  Presented, 
read  and  committed,  389 ;  Passed,  and  sent  for  con 
currence  to  the  Assembly,  389  ;  Enacted,  390. 

Militia  Bill  : 

The  attorney-general  ordered  to  prepare  and  bring  in, 
467;  Presented  and  read,  469  ;  Committed,  470  ; 
Reported  and  ordered  engrossed,  470;  Passed,  and 
sent  for  concurrence  to  the  Assembly,  472  ;  Amended 
by  that  House,  474;  Amendments  adopted  and 
Assembly  acquainted,  475  ;  Enacted,  476. 

Militia  Act  Continuation  Bill : 

Ordered  to  be  brought  in,  509  ;  Presented  by  Mr. 
Harrison,  read  and  committed,  510;  Amended, 
passed  and  sent  for  concurrence  to  the  Assembly, 
511;  Amended  by  that  House,  516  ;  Amendments 
agreed  to,  516  ;  Enacted,  517. 

Further  continued,  612,  625,  630,  645,  656,  673,  712. 

Militia  Act  Revival  and  Enforcement  Bill  : 

Brought  up  and  read,  564  ;     Committed,  565  ;    Passed, 

566  ;     Enacted,  571. 
Reenacted,  599. 

Militia  Regulation  Bill  : 
Brought  up,  733  ;     Read  and  committed,  734  ;     Passed, 

and  enacted,  735. 
Continued  with  an  addition,  766. 
Continued  with  a  further  addition,  795. 
Further  continued,  808. 
Continued  with  an  alteration,  1181. 

Militia  Better  Regulation  Bill: 

Brought  up  and  read,  825  ;  Committed,  826  ;  Amended, 
832  ;  Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  833  ;  Amendments,  833  ;  Some  of  them  disagreed 
to,  834 ;  Council  adhere  and  committee  of  conference 
appointed,  831;  Reasons  why  the  Assembly  cannot 
agree,  834 ;  Reasons  why  the  Council  adhere,  835  ; 
Reasons  not  satisfactory  and  a  free  conference  held, 
836  ;  Council  insist,  836 ;  Amendments  agreed  to  by 
the  Assembly,  837 ;  Enacted,  837. 


2046 


INDEX. 


MILITIA  :  —  Continued. 

Militia  Better  Regulation  Bill  : 

Brought  up,  856;     Read,  857  ;     Committed,  860;     Re 
port,  862 ;    Amended,  and  sent  for  concurrence  to  the 
Assembly,  804;     Four  of  the  amendments  disagreed  ! 
to  by  that  House,  865 ;     Resolutions  of  the  Council  j 
thereon,  865 ;    Recede  from  all  but  two  amendments, 
866;     Which  are  agreed  to  by  the  Assembly,  866; 
Enacted,   874. 

Continued,  904. 
Militia  Regulating  Bill  : 

Brought  up  and  read,  906 ;  Committed,  907 ;  Amend 
ed,  aiid  sent  for  concurrence  to  the  Assembly,  910  ; 
Agreed  to  by  that  House,  912;  Amendments,  912, 
913,  914;  Enacted,  917. 

Continued,  with  an  addition,  959. 

Further  continued,  982. 

Militia  Act  Continuation  Bill  : 
Brought  up  and  read,  1030  ;     Committed,  1031. 

[This  Bill  is  among  those  assented  to  by  the  Governor,  according  to 
the  Ass.-ml'ly  Journal,  II.,  267.  But  it  is  not  BO  enumerated  in  this 
Journal,  nor  is  it  among  the  printed  laws  ! 

Militia  Regulation  Act  Revival  Bill  : 

Leave  granted  to  bring  in,  1113;  Presented  by  Mr. 
Holland,  and  read,  1113;  Committed,  1114;  Pas 
sed,  and  sent  for  concurrence  to  the  Assembly,  1115. 

Again  presented  aud  read,  1135;  Committed,  1135; 
Amended,  1136;  Passed,  and  sent  for  concurrence 
to  the  Assembly,  1137;  Agreed  to  by  that  House, 
1144;  Enacted,  1145;  The  Lieutenant-Governor 
recommends  that  it  be  made  more  effectual,  1183. 

Militia  Regulation  Bill  : 

Ordered  to  be  prepared,  1183  ;  Presented  by  Mr.  Ken 
nedy  and  Mr.  Chambers,  and  read,  1183;  Commit 
ted,  1184  ;  Progress  reported,  1185  ;  Amended,  1186  ; 
Passed,  and  sent  for  concurrence  to  the  Assemly, 
1187;  Agreed  to  by  that  House,  1187;  Enacted,  1137. 

Continued,  1247,  1284,  1317,  1355,  1391,  1422,  1461, 
15  >9,  1582,  1613,  1637,  1849. 

Amended,  1298. 

Militia  Detachments  Bill: 

Brought  up,  read  and  committed,  1229  ;  Passed,  and 
Assembly  acquainted,  1230;  Enacted,  1230. 

The  militia  desert  general  Webb  at  Fort  Edward,  1304. 

Militia  Acts  Continuation  Bill :    Enacted,  1502,  1524. 

Militia  Better  Regulation  Bill  : 

Brought  up  and  read,  1929  ;  Committed,  amended,  and 
sent  for  concurrence  to  the  Assembly,  1930 ;  One  of 
the  amendments  disagreed  to  by  that  House,  1932; 
Motion  for  a  conference  negatived,  Mr.  Smith  dissent 
ing,  1932  ;  Council  adhere,  1936. 

Militia  Better  Regulation  Bill  : 

Brought  up  and  read,  1963;  Committed,  I960  ;  Amend 
ed,  1978  ;  Mr.  De  Lancey  dissents,  1978 ;  Passed, 
and  sent  for  concurrence  to  the  Assembly,  1984; 
Some  of  the  amendments  agreed  to  by  that  House, 
1985;  Council  recede  aud  Assembly  acquainted, 
1986  ;  Enacted,  1990. 

MILLER,  CHRISTOFFEL  :      Naturalized,  1682. 

MILLER,  ELEAZER  :  Member  of  Assembly,  1008,  1011,  1050 
1060,  1071,  1072,  1143,  1150,  1176,  1226, 1239,  1264,  1266, 
1276,  1296,  1308, 134s,  1383,  1415,  1443,  1449,  1450  1458 
1469,  1474,  1491, 1497,  1518,  1523, 1542,  1569,  1626,  1634, 
1635,  1663,  1672,  1676. 

MILLER,  GODFREY  :     1031 ;     Naturalized,  1065. 
MINISSINCK: 

Conflict  between  the  patents  of  Waghaghkameck  and,  165. 
Minissink  and  Wawayanda  Titles  Defence  Bill: 

Brought  up  and  read,  1176  ;  Committed,  amended, 
and  sent  for  concurrence  to  the  Assembly,  1179  ;  Mr. 
Alexander  dissents,  1179  ;  Agreed  to  by  the  Assem 
bly,  1180  ;  Title  altered.  See  BOUNDARIES. 

Minissinck  and  Wawayanda  Sale  Bill  : 

Brought  up  and  read,  1204  ;     Motion    for  2d   reading 

objected  to  aud  Mr.  Alexander  allowed  copy  of  the 

bill,  1204  ;     His  reasons  against   2d   reading,   1205  ; 

Copy  of   said  reasons  to  be  furnished  to  parties  on 

application,  1206. 
Again  brought   up   and  read,  1247  ;     Reasons  of  Mr. 

Alexander  against  2d  reading,  1249. 


MINISTERS : 

Ministers  Maintenance  Bill:     Introduced,  2. 

Assembly  recommended  to  make  provision  for  Ministers, 
25,  35,  39,  42. 

Ministry  Settlement  Bill : 

Read,  amended  and  sent  for  concurrence  to  the  Assem 
bly,  47;  Enacted,  48. 

Assembly  of  opinion  that  a  dissenting  minister  can  be 
called  under  this  act,  76,  and  are  rebuked  therefor, 
77  ;  An  explanatory  act  recommended  to  be  passed, 
225. 

Ministers  and  Schoolmasters  Support,  and  Meeting  Houses 
Building,  ISM  : 

Brought  up  and  read,  136  ;  2d  reading,  137 ;  Conflicts 
with  the  royal  instructions,  138. 

Ministers  required  for  the  Five  Nations,  144. 
Ministers  Maintenance  Better  Establishment  Bill: 

Brought  up  and  read,  195  ;  Committed,  196  ;  Passed, 
199  ;  Enacted,  204. 

Ministers  required  for  east  end  of  Long  Island,  225. 
Ministers  Settlement  Act  Explanatory  Bill: 

Brought  up,  read  and  committed,  226  ;      Amended,  and 

sent  for  concurrence  to  the  Assembly,  227 ;  Disagreed 

to  by  that  House  and  Council  recede,  231 ;     Enacted, 

234. 
Act  passed  for  further  explaining  and  rendering  more 

effectual  the  two  preceding  acts,  1248. 

Ministers  Tax  Equalization  Bill: 

Brought  up,  read  and  committed,  474 ;  Passed,  and 
Assembly  acquainted,  475  ;  Enacted,  476. 

Ministers  and  Poor  Tax  Compulsory  Payment  Bill  : 

Brought   up,  read  and    committed,  78D ;    Ordered  3d 

reading,  791 ;    Passed,  and  Assembly  acquainted,  792  ; 

Enacted,  795. 
Revived,  885,  1219. 

Ministers  Tax  Exemption  Bill : 

Brought  up  and  read,  1702;  Committed,  1704;  Motion 
for  3d  reading  negatived,  and  bill  rejected,  1706  ;  Mr. 
Smith  dissents,  1706. 

Again  brought  up  and  read,  1734;  Committed  and 
recommended  to  be  rejected,  1736 ;  Rejected,  1736 ; 
Message  from  the  Assembly  inquiring  what  progress 
has  been  made  ill  the  bill,  1742 ;  That  House  in 
formed,  1742. 

Ministry    Settlement   and  New    York   Vestrymen  Election 

Acts  Amendment  Bill : 

Brought  up  and  read,  1743;  Committed,  1744  ;  Passed, 
and  Assembly  acquainted,  1745;  Enacted,  1750. 

Support  of  other  People's  Ministers  Exemption  Bill: 
Brought  up  and  read,  1746  ;   Message  from  the  Assem 
bly,  inquiring  what  progress  has  been  made  therein, 
1750  ;     That  House  informed,  1750. 

Time  of  Collecting  Ministers  Tax  Alteration  Bill: 

Brought  up  and  read,  1946;  Committed,  1947;  Passed, 
1J348  ;  Enacted,  1950. 

MINXEFORDS  ISLAND  :     See  WESTCHESTEB. 

MINVIELLE,  DAVID  :     407. 

MISEROL,  JOHN  :     391. 

MISEROL,  MARY  :     391.     See  DAVENPORT. 

MISSING  VOTES  OF  THE  ASSEMBLY  :     xxxi. 

MISSISSIPPI  (MESSAPI)  :  The  French  prepare  to  settle  along 
the,  397;  Attention  called  to  their  settlement  on,  451. 

MOENE,  JACOB  :     407. 

|  MOHAWK  COUNTRY  :     A  fort  recommended  to  be  built  at  the 
carrying  place  at  the  upper  end  of,  661. 

See  HIGHWAYS. 
MOLESWORTH,  J.  :     428. 

MOMPKSSOX,  ROGER  :  Member  of  the  Council,  224-380  ; 
Dissents  to  the  passage  of  sundry  acts,  268,  273,  299  ; 
Proprietor  of  the  nine  partners  patent,  638. 

See  DISSEXIS. 
MOSCKTOH  :    See  GOVEEXOKS. 


INDEX. 


2047 


MONEY  BILLS  : 

The  Assembly  refuse  to  proceed  on  money  bills  if  amen 
ded  by  the  Council,  107,  and  resolve,  that  it  is 
inconvenient  to  admit  such  amendment,  218,  223,  229  ; 
The  lords  of  trade  conceive  no  reason  why  the  Council 
should  not  amend,  231,  and  are  of  opinion  that  the 
Council  have  a  right  to  alter  or  amend,  242,  332  ;  The 
Assembly  refuse  to  permit  the  Council  to  amend,  306, 
307,  327,  331,  646,  1002;  Reasons  for  the  Council 
making  amendments  to,  328  ;  Clear  reasons  why  the 
Assembly  cannot  admit  any  amendments  of  the  Council 
to,  329 ;  The  public  money  to  be  paid  out  only  on  the 
warrant  of  the  governor  with  consent  of  the  Council, 
343 ;  The  Assembly  cannot  agree  to  a  conference  on  a 
money  bill,  352,  915,  916,1152,  1282;  Further  con 
flicting  opinions  on,  1086,  1087  ;  A  money  bill  origin 
ates  in  the  Council,  1087. 

MOXONGAHELA  :     The  British  forces  defeated  near,  1209. 

MONOPOLIES  :     See  MANUFACTURES. 

MONSERRAT  :     The  French  commit  depredations  at,  237. 

MONSEY,  Mr.  :     109. 

MONTAGNE,  ABRAHAM  DE  LA  :     1987. 

MONTGOMERY  :     See  GOVERNORS. 

MONTREAL  :  Strength  of  the  garrison  of,  in  1695,  88  ;  The 
Legislature  recommended  to  assist  the  sufferers  by  the  fire 
at,  1565. 

MOSVIELLE,  GABRIEL  :     Member  of  the  Council,  1-43,48-115. 
MOORE,  HENRY  :     See  GOVERNORS. 

MOOKK  Jons  :  Member  of  Assembly,  737,  747,  758,  762, 
7f!3,  765,  772,  773,  774,  780,  782,  787,  789,  790,  791,  803, 
804,  805,  810,  825,  834,  837,  851,  853  ;  Member  of  Coun 
cil,  875-1029. 

MOORE,  LAMBERT  :     1326. 

MORGAN,  THOMAS  :     Member  of  Assembly,  149,  158,  160. 

MORRIS,  FREDERICK  :  Deputy  secretary,  602,  612,  651,  652, 
657,  658,  65'.),  660,  661,  674,  714,  715,  717. 

MORRIS,  LEWIS:  Member  of  Assembly,  436,  440,  444,  449, 
453,  457,  484,  503. 

MORRIS,  Junior,  LEWIS  :  Member  of  Council,  479-585 ; 
Member  of  Assembly,  616,  617,  667,  753,  810,  840,  851, 
859,  861,  865,  866,  867,  880,  901,  940,  948;  Administra 
tor  of  Augustine  Graham's  estate,  490;  Elected  speaker 
of  the  Assembly,  680. 

See  GRAHAM  ;     SPEAKERS. 

MORRIS,  LEWIS  :  An  act  passed  to  enable  him  to  build  a 
bridge  over  the  Harlem  river,  1937. 

MORRIS,  Lieutenant :    974. 

MORRIS,  RICHARD  :     1313. 

MORRIS,  ROBERT  HUNTER  :     1019. 

MORKIS,  ROGER  :     Member  of  Council,  1565-1991. 

MORTGAGES : 

Former  Mortgages  Validity  Hill :     Enacted,  xiii. 

Mortgage  Hill :     Read  and  enacted,  xix. 

Mortgage  Frauds  Prevention  Sill: 

Brought  up,  read  and  committed,  1079 ;  Amended, 
passed,  and  sent  for  concurrence  to  the  Assembly 
1081. 

Again  brought  up,  read  and  committed,  1134 ;  Amend 
ed,  1141 ;  Passed,  and  sent  for  concurrence  to  the 
Assembly,  1142;  Agreed  to  by  that  House,  1142; 
Enacted,"  1144. 

Mortgages  More  Effectual  Registry  Hill  : 
Presented  by  Mr.  Watts,  and  read,  1808;     Committed, 
1810;     Amended,  1813;     Passed,  and  sent  for  con 
currence  to  the  Assembly,  1814  ;     Agreed  to  by  that 
House,  1829. 

Presented  by  Mr.  Apthorpe,  and  read,  1903;  Commit 
ted,  1904 ;  Ordered  engrossed,  1906 ;  Passed,  and 
sent  for  concurrence  to  the  Assembly,  1908;  Agreed 
to  by  that  House,  1932  ;  Enacted,  1937. 

See  DEEDS. 
MORTIER,  Mr. :     Deputy  paymaster-general,  1371. 


MOSES,  ISAAC  :  Naturalized,  1652. 
MOSES,  JACOB  :  Naturalized,  1708. 
MOTT,  ADAM  :  Member  of  Assembly,  697,  703,  710. 

MULKORD,  HENRY  :  Sheriff  of  Suffolk  county,  ordered  to 
appear  before  the  Council,  168. 

MULFORD,  SAMUEL  :  123  ;  An  agreement  made  by  him  re 
specting  a  drift  whale,  declared  null  and  void,  142  ;  Elect 
ed  to  the  Assembly,  225  ;  Sworn  in,  226  ;  Mentioned, 
229 ;  The  Assembly  request  the  discontinuance  of  the 
prosecution  against,  401 ;  Proceedings  of  the  Council  on 
a  printed  paper  signed  by,  419,  427,  430. 

MURPHY,  J.  McLEOD :  Journal  of  the  Legislative  Council 
ordered  to  be  printed  on  motion  of,  xxvii. 

MURRAY,  governor  :  Recommends  the  case  of  the  sufferers 
by  the  fire  at  Montreal,  1565. 

MURRAY,  JOSEPH  :  Heard  against  the  bill  to  regulate  infor 
mations,  811,  827;  Member  of  Council,  846-1299  ;  Com 
missioner  to  concert  an  expedition  against  Crown  Point, 
987. 

MUSCULUS,  WILLIAM  :     Naturalized,  1583. 
MYER,  HERMANIS  :     Naturalized,  1560. 
MYERS,  SAMUEL  :     Naturalized,  590. 

MYNDERTSE,  JACOBUS:  Member  of  Assembly,  1113,  1120, 
1135,  1192,  1241,  1275,  1288,  1308,  1309,  1662,  1672,  1675, 
1688,  1092,  1716,  1717,  1729,  1737,  1738,  1767,  1770,  1779, 
1782,  1864. 


N. 

NAMES  CHANGED : 

An  act  passed,  authorizing  Zebulon  Seaman  and  Robert 
Seaman,  each,  to  take  the  surname  of  Williams,  1822. 

NANFAN  :     See  GOVERNORS. 
NARROWS  : 

Batteries  Erection  Hill: 

Brought  up,  198  ;  Read  and  commit'ed,  199  ;  Report 
disapproved,  and  bill  re-committed,  with  instructions, 
200  ;  Amended,  and  sent  for  concurrence  to  the  As 
sembly,  200;  Conference  thereon,  202;  Further 
amended,  202  ;  Amendments  agreed  to,  203 ;  En 
acted,  204. 

Lord  Cornbury  reported  to  have  taken  the  money  raised 
under  this  act,  238. 

NASSAW  ISLAND  : 

An  act  passed  changing  the  name  of  Long  Island  to,  39  ; 
Application  made  for  a  free  port  in  each  county  in,  43 ; 
Certain  moneys  in  the  hands  of  thu  sheriffs  of,  103; 
Sheriffs  of,  ordered  prosecuted,  109  ;  Ship  Adventure 
boarded  off  the  east  end  of,  and  certain  property  re 
moved,  127,  and  reported  sunk  there,  128;  Amount 
received  from  the  excise  on,  131. 

See  DEJR  ;     LONG  ISLAND. 

NATURALIZATION : 

General  Naturalization  act  passed,  xii. 
The  Assembly  recommended  to  consider  a  general  bill, 
305. 

Foreign  Protestants  Naturalization  Sill  : 

A  committee  appointed  to  prepare  and  bring  in,  310; 
Brought  up,  read  and  committed,  347  ;  Passed,  and 
Assembly  acquainted,  348 ;  Mr.  Byerley  protests 
against  its  passage,  348. 

Again  brought  up  and  read,  360;  Committed,  361; 
Passed,  and  Assembly  acquainted,  362. 

Again  brought  up,  read  and  committed.  386  ;  Condi 
tions  on  which  the  governor  promised  to  assent  to  the 
bill,  386  ;  Passed,  and  Assembly  acquainted,  387  ; 
Enacted,  390. 

Fees  of  the  Speaker  of  the  Council  on  Naturalization 
bills,  708. 

Abrahams  and  De  Wint  Naturalization  Bill : 

Brought  up  and  read,  867;  Committed  and  amended, 
870  ;  Passed,  and  sent  for  concurrence  to  the  Assem- 
blv,  870 ;  Agreed  to  by  that  House,  871 ;  Enacted, 
875. 


2048 


INDEX. 


NATURALIZATION:—  Continued. 
Beekman  ct  al.  Naturalization  Bill  : 
Brought  up,  read  and  committed,  443  ;     Passed,  and  As 
sembly  acquainted,  444 ;     Enacted,  448. 

Caron  et  al.  Naturalization  Bill  : 

Brought  and  read,  425  ;  Committed,  426 ;  Passed, 
and  Assembly  acquainted,  427;  Enacted,  430. 

Carstcns  Naturalization  Bill : 

Brought  up  and  read,  685 ;  Petition  for  presented, 
685 ;  Committed,  686  ;  Passed,  and  Assembly  ac 
quainted,  687 ;  Enacted,  687,  712. 

Cornlius  et  al.  Naturalization  Bill : 
Brought  up  and  read,  655  ;     Committed,  passed  and 
Assembly  acquainted,  656  ;     Enacted,  656. 

Delagge  et  al.  Naturalization  Bill  : 
Brought  up  and  read,  530  ;     Committed,  531 ;    Passed, 
and  Assembly  acquainted,  532 ;     Enacted,  536. 

De  Lisle  et  al.  Naturalization  Bill  : 
Brought  up  and  read,  1434;     Committed,  1435. 
Again  brought  up,  read  and  committed,  1444;     Passed, 
Mr.  Smith  dissenting,  1446 ;     Enacted,  1446. 

Depeyster  et  al.  Naturalization  Bill: 

Brought  tip,  read  and  committed,  503 ;  Passed,  and 
Assembly  acquainted,  504 ;  Enacted,  50G. 

De  Ronde  et  al.  Naturalization  Bill  : 

Brought  up,  read  and  committed,  1246. 
De  Wit  Peteriz  et  al.  Naturalization  Sill  : 

Brought  up  and  read,  574;  Committed,  575  ;  Passed, 
and  Assembly  acquainted,  576  ;  Enacted,  581. 

Duchemin  et  al.  Naturalization  Bill  : 

Ordered  to  be  prepared,  xix  ;     Enacted,  xx. 
Ellis  et  al.  Naturalization  Bill  : 

Brought  up,  read  and  committed,  608. 
Fauviere  et  al.  Naturalization  Bill: 
Brought  up,  read  and  committed,  559  ;      Clause  added, 
560 ;     Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  560;     Agreed  to  by  that  House,  561 ;      Enacted, 
562. 
Gunter  et  al.  Naturalization  Bill  : 

Brought  up,  read  and  committed,  586  ;  Passed,  and 
Assembly  acquainted,  587 ;  Enacted,  590. 

Hinstnan  et  al.  Naturalization  Sill  : 

Brought  up  and  read,  633;  Committed,  634;  Passed, 
and  Assembly  acquainted,  635  ;  Enacted,  637. 

Koose  et  al.  Naturalization  Bill :    Enacted,   1751. 
Magcns  Naturalization  Bill : 

Brought  up,  read  and  committed,  1050 ;  Petition  pre 
sented,  1053;  Passed,  and  Assembly  acquainted, 
1053  ;  Enacted,  1053. 

Myer  et  al.  Naturalization  Sill:     Enacted,  1560. 
Plantin  et  al.  Naturalization  Sill:     Enacted,  1614. 

Deceased    Foreigners   and    Resident   Foreign   Protestants 
Naturalization  Sill: 

Brought  up  and  read,  1692;  Committed,  1694;  Amen 
ded,  passed  and  sent  for  concurrence  to  the  Assembly, 
1701 ;  Agreed  to  by  that  House  and  title  amended, 
1701.  See  ALIENS. 

Rhuell  et  al.  Naturalization  Hill  : 
Brought  up,  read  and  committed,  707 ;      Passed,  and 
Assembly  acquainted,  708 ;     Enacted,  712. 

Ritzema  ct  al.  Naturalization  Sill:     Enacted,  1596. 
Saint  John  et  al.  Naturalization  Hill:     Enacted,  1583. 
Schack  and  Wessells  Naturalization  Hill  : 

Brought  up,  read  and  committed,  900  ;  Passed,  902  ; 
Assembly  acquainted,  903  ;  Enacted,  904. 

Schotleret  al.  Naturalization  Sill:     Enacted,  1708. 
Several  Persons  Naturalization  Sill  : 

Enacted,  1196,  1374,  1530,  1790,  1849,  1894. 
78  Persons  Naturalization  Bill  : 

Brought  up  and  read,  1471 ;     Passed,  1472. 


NATURALIZATION  :  —  Continued : 

Several  Persons  Naturalization  Bill  : 

Brought  up  and  read,  1978  :  Committed,  1980  ;  Passed, 
and  Assembly  acquainted,  1985. 

Sholet  al.  Naturalization  Sill:    Enacted,  1682. 
Smith  et  al.  Naturalization  Sill  : 

Brought  up  and  read,  747 ;  Committed  and  amended, 
748 ;  Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  749  ;  Disagreed  to  by  that  House,  749  ;  Council 
adhere  and  Assembly  acquainted,  749. 

Springer  et  al.  Naturalization  Sill:     Enacted,  1652. 
Thomas,  Tesson  et  al.  Naturalization  Bill  : 
Brought  up,  read  and  laid  011  the  table,  953  ;      Com 
mitted,  958;     Enacted,  959. 

Tiedeman  et  al.  Naturalization  Bill  : 

Brought  up  and  read,  1062 ;  Committed,  1064 ;  Passed, 
1064;  Enacted,  1065. 

Timmcr  Naturalization  Bill  : 

Brought  up,  read  and  committed,  579;  Passed,  and 
Assembly  acquainted,  579  ;  Enacted,  582. 

Tobias  ct  al.  Naturalization  Sill  : 

Brought  up  and  read,  1458  ;  Committed,  1459  ;  Passed, 
and  Assembly  acquainted,  1460 ;  Enacted,  1402. 

Vallardc  et  al.  Naturalization  Bill  : 
Brought  up  and  read,  1084  ;   Committed,  1085 ;  Report, 
1086  ;      Passed,  1087  ;      Assembly  acquainted,  1088  ; 
Enacted,  1093. 

Vandenberg  et  al.  Naturalization  Bill : 
Brought  up  and  read,  511 ;     Committed,  512  ;     Passed, 
and  Assembly  acquainted,  512;     Enacted,  518. 

Van  den  Ham  et  al.  Naturalization  Bill  ; 

Brought  up  and  read,  1031. 
Van  Santwoord  et  al.  Naturalization  Bill : 

Brought  up  and  read,  501 ;  Committed,  502  ;  Passed, 
and  Assembly  acquainted,  502 ;  Enacted,  506. 

Van  Solengin  et  al.  Naturalization  Bill  : 

Brought  up,  read  and  committed,  468 ;  Passed,  and 
Assembly  acquainted,  469  ;  Enacted,  476. 

Vcldtman  et  al.  Naturalization  Bill : 
Brought  up  and  read,  618  ;  Committed,  619  ;  Amended, 
and  sent    for    concurrence   to   the   Assembly,    620 ; 
Agreed  to  by  that  House,  621  ;     Enacted,  625. 

Will  et  al.  Naturalization  Bill :     Brought  up,  1283. 
Wincklcr  ct  al  Naturalization  Sill : 

Brought  up,  read  and  committed,  597  ;  Passed,  and 
Assembly  acquainted,  598  ;  Enacted,  602. 

NAVAL  STORES: 

The  British  Parliament  pass  an  act  to  encourage  importation 
from  the  plantations  of,  231 ;  The  Legislature  recom 
mended  to  pass  such  acts  as  will  give  effect  thereto, 
231 ;  Not  to  be  exported  to  Cape  Breton,  1207. 

Frauds  in  Tar,  Pitch,  Rosin,  and   Turpentine  Prevention 
Bill: 


Presented  by  the  attorney-general,  231 ; 
232. 

See  EXPOKTATION. 


Committed, 


NAVIGATION : 

Navigation  Encouragement  Bill: 

Brought  up  and  read,  385  ;  Committed,  386  ;  Amen 
ded,  and  sent  for  concurrence  to  the  Assembly,  387; 
Agreed  to  by  that  House,  389  ;  Enacted,  390. 

Navigation  Encouragement  Act  Revival  Bill: 

Brought  up  and  read,  498  ;  Committed,  499  ;  Report, 
500  ;  Amendments,  500  ;  Passed,  and  sent  for  con 
currence  to  the  Assembly,  500  ;  Disagreed  to  by  that 
House,  502  ;  Council  recede,  and  Assembly  acquain 
ted,  503  ;  Enacted,  506. 

Revived,  572. 

Boats  Molestation  Prevention  Bill : 

Brought  up  and  read,'  513;  Petition  of  collector  Ken 
nedy  read,  and  papers  called  for,  513;  Committed, 


INDEX. 


2049 


NAVIGATION:—  Continued. 


NEWTOWN,  L.  I. :    See  LAWRENCE,  THOMAS. 


514;     Amended,  passed,  and  sent  for  concurrence    NEW  YORK: 
to   the   Assembly,  515  ;     Agreed   to   by  that  House, 
515  ;     Enacted,  517. 


NEGROES : 
Means  to  be  adopted  for  tlie  conversion  of,  125. 

Abuses  by  Negroes  Prevention  Bill  : 

Brought  up  and  read,  131 ;  Committed,  131 ;  Confer 
ence  ordered,  132. 

Again  brought  up  and  read,  146  ;  Committed,  147  ; 
Reported  against,  148. 

A  committee  appointed  to  prepare  a  bill  for  rendering 
more  effectual  the  act  relating  to  negro  slaves,  412. 

Reasons  for  the  differential  duty  on  African  and  planta 
tion,  434. 

Supervisors  of  Ulster  county  enjoined  to  pay  for  exe 
cuting  a,  625. 

Attention  of  the  legislature  called  to  the  disadvantages 

arising  from  the  too  great  an  importation  of,  631. 
Coercion  laws  recommended  to  be  passed  against,  770. 

See  SLAVES. 

NEITHE,  JOHN  FREDERICK  :     1031;     Naturalized,  1065. 
NEUKERK,  JANNETIE  :    424. 
NEUTRAL  FRENCH  :     See  FRENCH. 

NEVERSINCKS:  A  beacon  recommended  to  be  erected  at, 
318. 

See  LIGHT-HOUSE. 

NEVIS  :     The  French  commit  depredations  at,  237. 

NEW  AMSTERDAM  :  Delegates  at,  demand  a  representative 
form  of  government,  iii. 

NE\VBEERT,  WALTER  :     Member  of  Council,  xxiv. 
NEWBURGH  :     See  ULSTER  COUNTY. 

NEWCASTLE,  Duke  of:  Sends  orders  to  New  York  to  aid  in 
the  reduction  of  Cape  Breton,  888  ;  And  to  raise  a  force 
for  an  expedition  against  Canada,  927. 

NEWCASTLE,  (  Delaware) :  To  be  annexed  to  New  York,  32  ; 
Annexed,  39. 

NEW  ENGLAND: 

A  greater  people  than  New  York,  46 ;  An  attempt  to  pre 
vent  the  exportation  of  furs  from  Albany  to,  270 ; 
Cruelties  of  the  French  and  their  Indians  in,  notified  to 
the  governor  of  New  York,  296. 

See  MASSACHUSETTS. 
NEW  JERSEY: 

Amount  to  be  contributed  towards  the  support  of  New 
York  by  east,  28  ;  Expected  to  be  annexed  to  New 
York,  32;  Pay  of  the  troops  belonging  to,  58  ;  Queen 
Anne  proclaimed  in,  183  ;  Lord  Cornbury  engaged  with 
the  Assembly  of.  221  ;  His  presence  required  in,  236  ; 
Postpones  his  visit  to,  237  ;  The  New  York  Assembly  re 
solve  that  it  cannot  sit  nor  act,  having  been  prorogued 
by  a  proclamation  dated  in,  311 ;  The  attention  of  the 
Assembly  called  to  the  appointment  of  proper  persons 
to  run  the  boundary  line  between  New  York  and,  4L6  ; 
Difficulties  in  consequence  of  the  non-settlement  of 
boundaries,  555  ;  Copy  of  New  Jersey  act  passed  for 
running  or  ascertaining  the  boundary  line  between  New 
York  and,  laid  before  the  Council,  1019  ;  Memorial  of 
the  proprietors  of  east,  printed  and  distributed,  1205  ; 
Endeavors  to  obtain  a  settlement  of  the  boundary  line, 
1206  ;  Murders  committed  by  Indians  on  the  frontier 
of,  1226  ;  Instructions  regarding  the  expenses  of  run 
ning  the  boundary  between  New  York  and,  1231 ; 
Erects  a  line  of  block-houses  along  its  frontier,  1233  ; 
The  New  York  Legislature  recommended  to  provide  for 
running  the  line  with,  1292;  Trespasses  committed  at 
Sandy  Hook  rendered  actionable  in  New  York,  1477  ; 
Governor  Monckton  recommends  the  settlement  of  the 
boundary  between  New  York  and,  1491. 

See  BOUNDARIES. 
NEW  LONDON  :     A  Council  of  war  held  at,  312. 

NEWSPAPERS  : 

Proceedings  against  the  New  York  Weekly  Journal,  637, 
641,  642  ;  Governor  Clinton's  objections  to  publishing 
the  public  accounts  in  the,  993. 

257 


The  address  to  governor  Sloughter,  order  to  publish  by 
the  mayor  of,  4 ;  The  laws  published  in  a  solemn 
manner  at  the  city  hall,  10,  23  ;  The  Council  recom 
mend  to  the  Assembly  a  petition  from  the  merchants  of, 
11;  Nutten  and  Oyster  islands  annexed  to,  12;  Pro 
vision  respecting  certain  courts  in,  30  ;  Boston  diverts 
the  West  India  trade  from,  32 ;  A  battery  about  to  be 
erected  in,  42  ;  The  chapel  in  the  fort  pulled  down, 
42  ;  The  barracks  rebuilt,  58  ;  Provision  made  for 
the  poor,  79 ;  No  communication  between  Albany  and, 
in  winter,  96  ;  Length  of  time  consumed  in  a  voyage 
to  Albany  from,  101 ;  A  town  house  recommended  to 
be  built  in,  125  ;  A  jail  required  in,  126;  A  petition 
from  inhabitants  of  Queen  street  and  neighborhood 
referred  to  the  Assembly,  130  ;  Nutten  island,  Kings 
farm  and  the  Swamp  not  to  be  alienated,  137  ;  Order 
of  Council  in  regard  to  the  slip  at  the  foot  of  Maiden 
laue,  138 ;  Ferry  house  and  a  city  hall  about  to  be 
built,  139  ;  The  Legislature  recommended  to  provide 
for  the  defence  of,  176  ;  The  mayor  attended  by  the 
common  Council  ordered  to  cause  a  certain  act  to  be 
published  at  the  city  hall,  181  ;  Great  sickness  and 
mortality  in,  183  ;  The  common  council  to  appoint 
the  master  of  the  grammar  free  school,  187;  Batteries 
recommended  to  be  erected  at  the  Narrows,  190  ;  The 
French  protestants  empowered  to  build  a  larger  church, 
191 ;  The  Queen's  farm  and  the  Queen's  garden  granted 
to  Trinity  church,  226 ;  The  mayor  and  common 
council  ask  the  governor  to  convoke  the  Legislature, 
237;  Recommended  to  be  fortified,  237  ;  Heard  by 
council  against  the  bill  explaining  an  act  for  laying  out, 
regulating,  clearing  and  preserving  public  common 
highways,  264;  Soldiers  billeted  in,  276  ;  Her  Majesty's 
ship  Lowestaffe  at,  285  ;  Conspiracy  of  slaves  in,  333 ; 
Petitions  that  provision  be  made  for  the  maintenance 
and  lodgment  of  French  prisoners,  344  ;  Several  slaves 
executed  in,  344 ;  The  grand  jury  petition  against 
vendues  and  pedlars,  355  ;  Slaves  brought  from  South 
Carolina  to,  391,  394;  A  bill  brought  in  to  pay  the 
representatives  of,  402 ;  An  act  passed  to  alter  the 
sewer  in  Broad  street  and  cleanse  the  dock,  407 ;  Act 
passed  to  enable  Mary  Corbet  to  sell  certain  property  in, 
411 ;  The  grand  jury  remonstrate  against  a  bill  for 
paying  the  debts  of  the  colony,  420  ;  And  present  the 
custom  house,  420 ;  An  act  passed  to  invest  certain 
property  in  the  sons  of  Daniel  Robert,  423  ;  An  act 
passed  to  sell  a  house  belonging  to  Messrs.  Van  Home 
in,  461 ;  The  Assembly  votes  money  to  repair  the 
barracks  in,  582 ;  The  Legislature  meets  in  the  Bowery, 
603 ;  Provision  recommended  to  be  made  for  the  erec 
tion  of  a  battery  at,  631 ;  Governor  Cosby  draws  a  plan 
therefor,  631 ;  Zenger's  Journal  ordered  to  be  burnt  by 
the  common  hangman,  642 ;  The  corporation  appropriate 
the  common  Council  Chambei  to  the  use  of  the  Legis 
lative  Council,  663,  665  ;  The  Council  hold  its  Legisla 
tive  sessions  in  the  city  hall,  666  ;  The  finishing  of  the 
battery  urged,  731  ;  Governor's  residence,  chapel,  &c., 
in  the  fort  destroyed  by  fire,  769,  797  ;  Cause  of  the 
fire,  769  ;  Sickness  in,  800 ;  Measures  adopted  in 
regard  to  the  fortifications,  848  ;  Recommended  to  be 
fortified,  880 ;  Proposed  fortifications,  883  ;  A  con 
ference  held  at  Hollet's  house  in  the  Bowery,  914; 
The  Legislature  meet  at  Greenwich  and  adjourn  in  con 
sequence  of  the  small-pox,  918;  Provision  made  for 
fortifying,  926 ;  Commissioners  for  an  expedition 
against  Crown  Point  meet  at,  984 ;  The  general  Assem 
bly  summoned  to  meet  at  Harlem,  1098,  1099  ;  Meets 
there,  1100,  1101,  1107 ;  Barracks  authorized  to  be 
built  in,  1317  ;  An  act  passed  raising  money  to  pay 
for  fixing  lamps  and  providing  watchmen,  1462 ;  The 
mayor  and  common  council  petition  against  a  bill  for 
regulating  the  sale  of  firewood  in  the  city,  1580  ;  An 
act  passed  extending  the  time  fixed  for  covering  houses 
with  slate  or  tile,  1583  ;  Riot  in,  1683  ;  A  society 
formed  for  founding  an  hospital  in,  1806  ;  •  The  hospital 
recommended  to  the  Legislature,  1806  ;  The  sale  of 
bricks  regulated  in,  1894 ;  Night  auctions  illegal  in, 
1894. 

Anderson  Property  Sale  Bill  : 

Brought  up  and  read,  339  ;     Committed,  340. 

Again   brought   up   and  read,  344;     Committed,  345; 

Amended,  and  sent  for  concurrence  to  the  Assembly, 

346 ;     Enacted,  353. 

Broad  Street  Sewer  Alteration,  and  Dock  Cleansing  Bill  : 
Brought  up,  read  and  committed,  405;     Amended  and 
sent  for  concurrence  to  the  Assemblv,  406  ;    Enacted, 
407. 


2050 


INDEX. 


NEW  YORK  :  —  Continued. 

Buildings,  Streets  and  Wharves  Regulation  Bill: 
Brought  up  and  read,  11;     Amended  and  passed,  12; 
Enacted,  13. 

Slating  Buildings  Prolonging  Bill: 
Brought  up  and  read,  1578 ;  Committed,  1579  ;  Passed, 
and  Assembly  acquainted,  1580  ;     Enacted,  1583. 

Burnets  Key  Wharfage  Regulation  Bill : 
Brought  up,  read  and  committed,  636  ;     Passed,  and 
Assembly  acquainted,  036  ;     Enacted,  637. 

Necessary  Charges  Defraying  Kill  : 

Brought  up,  79 ;     Enacted,  80. 
Necessary  Charge  Defraying  Bill: 

Brought  up,  160. 
Annual  Charges  Defraying  Bill: 

Brought  up,  read  and  committed,  186;  Passed,  187; 
Enacted,  189. 

City  Encouraging  Bill : 

Brought  up,  160;  Read  and  committed,  162  ;  Amen 
ded  and  sent  for  concurrence  to  the  Assembly,  163 ; 
Conference  ordered,  163 ;  Passed,  and  Assembly 
acquainted,  166;  Enacted,  171. 

Coroners  Tax  Levy  Bills  : 
Enacted,  1093,  1317,  1462,  1530,  1583. 

Debts  Discharging  Bill  : 

Brought  up  and  read,  576  ;  Committed,  577;  Parties 
interested  summoned,  577;  Passed,  and  Assembly 
acquainted,  577  ;  Enacted,  582. 

Debts  Paying  and  Public  Buildings  Repairs  Bill: 

Brought  up,  read  and  committed,  139  ;  Recommended 
to  be  amended,  139 ;  Assembly  of  opinion  that 
amendments  are  unnecessary,  140  ;  Enacted,  143. 

Charter  Election  Better  Regulation  Bill  : 

Brought  up  and  read,  1763  ;  Committed,  1765  ;  Passed, 
1766;     Assembly  acquainted,  1770;     Enacted,  1700. 
Revived,  1927. 

Liberties  at  Charter  Elections  Declaratory  Bill: 
Brought    up,   read    and    committed,    173 ;      Enacted, 
174. 

Magistrates  and  Public  Officers  Vacancies  Supplying  Bill: 
Brought  up,  read  and  committed,  1S6;    Amended,  and 
sent  for  concurrence  to  the  Assembly,  187  ;     Agreed 
to  by  that  House,  188;     Enacted,  18'J. 

Ancient  Rights,  Customs  and  Liberties  Confirmation  Bill: 
Brought  up  and  read,  306  ;     Committed  307. 

Rights  and  Privileges  Confirmation  Bill: 

Brought  up  and  read,  617;  Committed,  618  ;  Passed, 
and  Assembly  acquainted,  619  ;  Enacted,  625. 

Ferry  Covenants  Enforcing  Bill : 

Brought  up  and  read.  26") ;  Motion  to  commit  nega 
tived,  and  bill  rejected,  265. 

Ferry  Regulating  Bill: 

Brought  up  and  read,  415;  Amended,  and  sent  for 
concurrence  to  the  Assembly,  416  ;  Agreed  to  by 
that  House,  416  ;  Enacted,  417. 

Ferry  Act  Continuation  Bill : 

Brought  up,  read  and  committed,  492  ;  Amended  and 
sent  fur  concurrence  to  the  Assembly,  493 ;  The 
Assembly  requested  to  state  what  they  have  done  with 
the  amendments,  494. 

Fe  ry  Act  Revival  Bill: 

Brought  up  and  read,  530;  Committed,  531  ;  Passed, 
and  Assembly  acquainted,  532  ;  Enacted,  536. 

Ferry  Revival  Act.  Continuation  Bill  : 
Brought  up,  read  and  committed,   559  ;     Passed,  and 
Assembly  acquainted,  500;     Enacted,  562. 

Ferry  Regulation,  and  Ferriage  Establishment  Bill: 
Brought  up  and  read,  022;     Committed,  023  :     Passed 

and  Assembly  acquainted,  024;     Elected,  026 
A  bill  brought  up  to  repeal  this  act  so  far  as  it  relates  to 

Kings  county,  936. 
Petition  against  this  act,  954. 


NEW  YORK  :  —  Continued. 
Fire  Engines  Ptirchase  Bill: 

Brought  up  and  read,  595  ;  Committed,  596  ;  Passed, 
and  Assembly  acquainted,  596  ;  Enacted,  599. 

Fires  Jlelter  Extinguishing  Hill: 

Brought  up,  read  and  committed,  710;  Passed,  and 
Assembly  acquainted,  711  ;  Enacted,  713. 

Fires  Prevention  and  Buildings  Regulation  Bill: 

Brought  up  and  read,  1450  ;  Committed,  1451 ;  Ordered 

3d  reading,  1453;   Passed,  and  Assembly  acquainted, 

1455  ;  Enacted,  1462. 
Amended,  1990. 

Firemen  Increase  Bill  : 

Brought  up,  read  and  committed,  1487;  Passed,  1488; 
Assembly  acquainted,  1489  ;  Enacted,  1502. 

Firemen  Further  Increase  Bill : 

Brought  up  and  read,  1661 ;  Committed,  1662;  Ordered 
3d  reading,  1663  ;  Passed,  and  Assembly  acquainted, 
1664;  Enacted,  1082. 

Fires  Prevention  and  Buildings  Regulation  Act  Suspension 

Bi:l  : 

Brought  up  and  read,  1677;  Committed,  1678;  Ordered 
3d  reading,  1680;  Passed,  and  Assembly  acquainted, 
1681;  Enacted,  1681. 

Fires  More  Effectual  Prevention  Bill : 
Brought  up  and  read,  1716;  Committed,  1717;  Passed, 

and  Assembly  acquainted,  1718;     Enacted,  1724. 
Revived  and  continued,  1822. 

Firemen  Augmentation  liil! : 

Brought  up  and  read,  1860;  Committed,  1862;  Passed, 
and  Assembly  acquainted,  1805;  Enacted,  1872. 

Bill    to    enable   mayor   and    aldermen   to    hold    plea    of 
foreign  attachment.     See  FOREIGN  ATTACHMENT. 

Fort  Anne  Guard  Tax  Levy  Bill : 

Brought  up,  316;  Committed,  317. 
Fort  George  Repairs  Bill  : 

Brought  up  and  read,  798;  Passed,  and  Assembly  ac 
quainted,  799 ;  Enacted,  800. 

Fortifications  Tax  Levy  Bill : 

Brought  up  and  read,  238  ;  Committed,  239  ;  Recom 
mitted,  239  ;  Reported,  240 ;  Governor  refuses  his 
assent,  240. 

City  Fortifications  Bill :     Enacted,  2JO. 

Again  brought  up  and  read,  242 ;  Passed,  and  Assem 
bly  acquainted,  243  ;  Enacted,  245. 

Harlem  Bridge  Erection  ]',M: 

Brought  up  and  read,  1933;  Committed,  1935  ;  Passed, 
and  Assembly  acquainted,  1936  ;  Enacted,  1937. 

New  York  and  Harlem  Boundary  Settlement  Bill: 

Brought  iu>  and  read,  1831 ;  Committed,  1833  ;  Passed, 
and  Assembly  acquainted,  1S34;  Enacted,  1849. 

Harlem  and  New  York  Boundary  Confirmation  Bill : 

Brought  up  and  read,  1978;  Committed,  1980;  P.issed, 
and  Assembly  acquainted,  1984;  Enacted,  1992. 

Hospital  Bill: 

Brought  up  and  read,  1836;  Committed,  1838;  Passed, 
and  Assembly  acquainted,  1839;  Enacted,  1849. 

Hunting  icilh  Firearms  Prevention  Bill: 

Brought  up  and  read,  1523;  Committed,  1525;  Pas 
sed,  and  Assembly  acquainted,  1527  ;  Enacted,  1530. 

Kings  Bridge  Remoral  Bill  : 

Brought  up,  read  and  committed,  341. 

Again  brought  up,  359  ;  Committed,  359;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  360  ;  En 
acted,  361. 

Kings  Bridge  Post  Road  Repairs  Bill  : 

Brought  up,  356;  Amended,  357;  Passed,  and  sent 
for  concurrence  to  the  Assembly,  358  ;  Disagieed  to 
by  that  House,  358  ;  Council  adhere,  359  ;  Keasons 
for  insisting  on  some  of  their  amendments  prepared, 
362;  Conference  requested,  3(i6  ;  Council  recede, 
366 ;  Enacted,  367. 

Revived,  461,  571,  674. 

Again  enacted,  785. 


INDEX. 


2051 


NEW  YORK :  —Continued. 

Kip  Indenture  of  Release  Bill  : 

Brought  up  and  rend,  1979;  Passed,  1982;  Assembly 
acquainted,  1983  ;  Enacted,  1992. 

Lamp  Breaking  Prevention  Bill  : 

Brought  up,  1076  ;  Read  and  committed,  1077  ;  Amend 
ed,  1078  ;  Passed,  and  sent  for  concurrence  to  the 
Assembly,  1079  ;  Agreed  to  by  that  House,  1080  ; 
Enacted,  1093. 

Revived,  1154. 

tfontgomerie  and  Out   Wards  Division  Line  Ascertaining 

Bill  : 

Brought  up,  read  and  committed,  1907  ;  Passed,  1908  ; 
Assembly  acquainted,  1909;  Enacted,  1910. 

Nuisances  Removal  Bill : 

Brought  up,  read  and  committed,  1157;     Passed,  and 

Assembly  acquainted,  1158  ;     Enacted,  1158. 
Its  provisions  extended,  1872. 

Pounds  Regulation  Bill: 

Brought  up  and  read,  1546;  Committed,  1548;  Pas 
sed,  and  Assembly  acquainted,  1549  ;  Enacted,  1560. 

Powder  in  Dwelling  Houses  or  Stores  Prevention  Bill : 
Presented  by  Mr.  Watts,  and  read,  1815  ;     Committed, 
1817;     Passed,  and  sent  for  concurrence  to   the  As 
sembly,  1817  ;     Agreed  to  by  that  House,  1841 ;    En 
acted,  1849. 
Continued,  1910. 

Prisoners  Removal  Bill: 

Brought  up  and  read,  1372  ;  Committed,  1373  ;  Pas 
sed,  and  Assembly  acquainted,  1374  ;  Enacted,  1374. 

Elomendale  Road  Mending  Bill  : 

Brought  up  and  read,  1082;  Committed,  10S3 ;  Passed, 
and  Assembly  acquainted,  1084 ;  Enacted,  1093. 

Roads  Regulating  Bill: 

Brought  up,  read  and  committed,  1556;     Passed,  1557; 

Assembly  acquainted,  1558  ;     Enacted,  1560. 
Continued,  1724. 
Revived,  1808. 

Public  Roads  Bill: 

Brought  up  and  read,  1858  ;     Committed,  1859. 
Public  Roads  Better  Regulation  Bill: 

Brought  up  and  read,  1915  ;  Committed,  1917 ;  Passed, 
and  Assembly  acquainted,  1919  ;  Enacted,  1927. 

Myer's  Road  (Harlem)  Bill: 

Brought  up  and  read,  1931 ;  Committed,  1933  ;  Passed, 
and  Assembly  acquainted,  1934  ;  Enacted,  1937. 

Rum  Distilling  and  Lime  Burning  Prohibition  Bill  : 
Brought  up  and  read,  191 ;   Committed,  192  ;   Amended, 
190  ;     Sent  for  concurrence  to  the  Assembly,  197 ; 
Agreed  to  by  that  House,  197;     Enacted,  204. 

Rum    Distilling   and   Lime  Burning   Prohibitory  Jlct  in 
part  Revival  Hill  : 

Brought  up,  read  and  committed,  358;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  362 ;  Dis 
agreed  to  by  that  House,  365. 

Grammar  School  Bill :    See  SCHOOLS. 

Selynus  Estate  Sale  Bill  : 

Brought  up  and  read,  349  ;  A  petition  presented  against, 
349 ;  Counsel  heard,  and  bill  rejected,  350. 

Sta'ues  Defacing  Prevention  Bill: 
Brought  up  and  read,  1867;    Committed,  1868  ;    Passed, 
and  Assembly  acquainted,  1870;     Enacted,  1872. 

Swine  Running  at  Large  Prevention  Bill  : 

Brought  up  and  read,  593;  Committed,  594;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  594 ;  En 
acted,  599. 

Revived,  730. 

Damages  by  Swine  in  the  Bowery  Prevention  Bill : 
Brought  up  and  read,  1963  ;     Committed,  1966. 

£600  Tax  Bill :     ( For  repairs   of   public   buildings   and 
bridges  and  removing  prison :  ) 

Brought  up,  read  and  committed,  267;  Passed,  and 
Assembly  acquainted,  268;  Enacted,  270. 


NEW  YORK  :  —  Continued. 

Ward  Taxes  Compulsory  Payment  Bill  : 

Brought  up  and  committed,  391  ;  Passed,  and  sent  for 
concurrence  to  the  Assembly,  392  ;  Enacted,  395. 

£200  (  or  Barracks  Repairing  )  Tax  Hill  : 

Brought  up,  read,  passed,  and  Assembly  acquainted, 
581  ;  Enacted,  582. 

£3,500  (or  Barracks  Erection)  Tax  Bill :    Enacted,  1317. 
£700  (  or  Barracks  Furnishing  )  Tax  Sill :    Enacted,  1462. 

Common  Council  Enabling  to   Raise  Money  Sill: 
Brought  up  and  read,  B53 ;     Committed  and,    on  the 
3d  reading  rejected,  654. 

£250  Tax  Sill  : 

Brought  up  read  and  committed,  710 ;  Passed,  and 
Assembly  acquainted,  711;  Enacted,  713. 

Ward  Taxes  Compulsory  Payment  Act  Explanatory  Bill : 
Brought  up  and  read,  805  ;  Ordered  2d  reading,  806  ; 
Committed,  807 ;  Motion  to  go  into  committee  nega 
tived,  and  consideration  of  bill  postponed,  808  ;  Re 
committed,  and  ordered  3d  reading,  811 ;  Passed, 
and  Assembly  acquainted,  812;  Enacted,  813. 

£36  Tax  Sill :     ( To  pay  member  of  Assembly  : ) 

Brought  up  and  read,  910 ;  Committed  and  passed,  911  ; 
Assembly  acquainted,  912  ;  Enacted,  917. 

£80  Tax  Bill :    ( To  pay  member  of  Assembly  and  Coro 
ners  : ) 

Brought  up,  read  and  committed,  951  ;  Passed,  and 
Assembly  acquainted,  952  ;  Enacted,  959. 

Tares  Regulation  Bill  : 

Brought  up  and  read,  1335  ;  Committed,  1336  ;  Or 
dered  3d  reading,  1346  ;  Passed,  and  Assembly  ac 
quainted,  1350  ;  Enacted,  1356. 

£1,200  Tax  (Finishing  Jail,  &c.,)  Bill  : 

Brought  up,  read  and  committed,  1343  ;     Passed,  1344  ; 

Assembly  acquainted,  1345  ;     Enacted,  1356. 
Again  enacted,  1392. 

£500  Tax  (  for  Finishing  Jail,  &c.)  Bill: 

Brought  up  and  read,  1418  ;  Committed,  1419  ;  Pas 
sed,  1420 ;  Assembly  acquainted,  1420 ;  Enacted, 
1423. 

£1,000  Tax  (  or  Bridewell  Erection)  Bill  : 

Brought  up  and  read,  1608  ;  Committed,  1609  ;  Pas 
sed,  and  Assembly  acquainted,  1610  ;  Enacted,  1613. 

Collectors  Time  of  Paying  Extension  Sill  : 

Brought  up  and  read,  1635  ;  Committed,  1638  ;  Pas 
sed,  1639  ;  Enacted,  1046. 

Taxes  More  Effectual  Collection  Bill  : 

Brought  up  and  read,  1692;  Committed,  1694;  Or 
dered  3d  reading,  1696  ;  Passed,  and  Assembly  ac 
quainted,  1697 ;  Enacted,  1707. 

Revived,  1990. 

Taxes  Arrears  Payment  Sill : 

Brought  up  and  read,  1743  ;  Committed,  1744  ;  Pas 
sed,  and  Assembly  acquainted,  1745  ;  Enacted,  1750. 

Taxes  Art  ears  Collection  Bill: 

Brought  up  and  read,  1778  ;  Committed,  1779  ;  Or 
dered  3d  reading,  1780  ;  Passed,  and  Assembly  ac 
quainted,  1785  ;  Enacted,  1790. 

Revived  and  continued,  1835. 

Vestrymen  Election  BUI: 

Brought  up,  read  and  committed,  900  ;  Passed,  and 
Assembly  acquainted,  901 ;  Enacted,  004. 

Victuals  Assize  Law  Repeal  Bill  : 

Brought  up  and  read,  1525 ;  The  corporation  remon 
strate  against  its  passage,  and  are  ordered  to  present 
their  reasons  in  writing  against  the  bill,  1525  ;  Coun 
sel  heard  against  it,  1529 ;  Question  to  commit 
negatived,  and  bill  rejected,  1530. 

Night  Watch  Setttr  Establishment  Bill: 

Brought  up,  read  and  committed,  644  ;  Amended  and 
sent  for  concurrence  to  the  Assembly,  645 ;  Dis 
agreed  to  by  that  House,  646 ;  Council  adhere  and 
Assembly  acquainted,  C46. 


2052 


INDEX. 


NEW  YORK:—  Continued. 

Military  Watches  Equalization  Bill  : 
Brought   up,    read    and    committed,    773 ;     Amended, 
passed   and  sent  for  concurrence   to    the   Assembly, 
774  ;     Agreed  to  by  that  House,  774 ;     Enacted,  774. 

Night  Watch  Equalization  Sill: 

Brought  up  and  read,  780  ;  Committed,  781  ;  Passed, 
and  Assembly  acquainted,  783;  Enacted,  785. 

Lamps  and  Watch  Tax  Bill : 

Brought  up  and  read,  1450  ;  Committed,  1451  ;  Or 
dered  3d  reading,  1453  ;  Passed,  and  Assembly  ac 
quainted,  1455 ;  Enacted,  1462. 

Lighting  and  Watching  Tax  Bitt: 
Brought  up  and  read,  1489  ;   Committed,  1490  ;   Passed, 

and  Assembly  acquainted,  1492  ;     Enacted,  1502. 
Again  enacted,  1524,  1560,  1583,  1613,  1646, 1681, 1728, 

1765,  1808,  1872,  1909,  1951. 
An  act  passed  to  make  it  valid,  1651. 

Wells  and  Pumps  Repairs  Sill : 

Brought  up  and  read,  782 ;  Amended,  784  ;  Sent  for 
concurrence  to  the  Assembly,  786 ;  Agreed  to  by 
that  House,  787;  Enacted,  795. 

Continued,  874. 

Wells  and  Pumps  Tax  Bill : 

Brought  up,  read  and  committed,  1079  ;  Reported, 
1082 ;  Motion  for  3d  reading  negatived,  and  bill 
rejected,  1082. 

Wells  and  Pumps  Tax  Bill  : 

Again  brought  up,  and  read,  1103  ;     Committed,  1104. 

Again  brought  up,  read  and  committed,  1132  ;  Report 
ed  and  passed  1137;  Mr.  Kennedy  dissents,  1137; 
Assembly  acquainted,  1138;  Enacted,  1145. 

Continued,  1391. 

Further  continued,  1560. 

Revived  with  an  addition,  1751. 

Wood  on  Bahannas  Islands  Purchasing  Bill  : 
Brought  up  and  read,  1984 ;    Committed,  1986 ;    Passed, 
and  Assembly  acquainted,  1989  ;     Enacted,  1992. 

Soe  AUCTIONS  ;  CHURCHES  ;  CREGO  ;  DOGS  ;  FIREWOOD  ;  FOR 
TIFICATIONS  ;  LOTTERIES  ;  MINISTERS  ;  POOR  ;  SLAVES  ; 
TRESPASSES  ;  WHARFAGE  ;  WILLS. 

NIAGARA  (  IAOARA)  :  The  French  fortify,  539  ;  Objections 
made  thereto,  555 ;  Reduced,  1379 ;  Peace  concluded 
with  the  Indians  at,  1539. 

NICHOLLS,  RICHARD  :     577. 

NICHOLSON,  FRANCIS  :  xxiv,  278,  280 ;  To  command  an 
expedition  against  Canada,  312;  A  letter  received  from 
325,  326  ;  In  England,  333. 


NINE  PARTNERS  :—  Continued. 

Nine  Partners  Partition  Act  Amendment  Bill: 

Presented  by  Mr.  Horsmanden,  and  read,  738;  Com 
mitted,  739  ;  Passed,  and  sent  for  concurrence  to  the 
Assembly,  741 ;  Amended  by  that  House,  748 ; 
Amendment  agreed  to,  and  Assembly  acquainted, 
748  ;  Amended  accordingly,  749. 
See  DUTCHESS;  LANDS. 

NON-RESIDENTS : 

Incapacitated  from  being  elected  to  the  Assembly,  1706 

1707. 
Objection  made  to   Non-Residents    commanding  militia 

regiments,  1932. 

NORRIS,  ISAAC  :     90. 

NORTON,  GEORGE  :    Manumits  his  slave,  412. 

NOVA  SCOTIA  :     A  French  fleet  appears  off,  946. 
See  CAPE  BRETON. 

Annexed  to  New  York,   12;     Not  to  be 


NUTTEN  ISLAND  : 
alienated,  137. 


NICOLL,  BENJAMIN  :     1326,  1349. 

NICOLL,  WILLIAM  :  Member  of  the  Council,  1-87 ;  Men 
tioned,  99  ;  Candidate  for  the  speakership  of  the  Assem 
bly,  169  ;  Takes  the  oath  of  abjuration,  206 ;  Resigns  the 
speakership,  423. 

See  SPEAKER. 

NICOLL,  WILLIAM  : 


0. 

OATHS : 

Commissioners  appointed  to  administer,  to  the  members 
of  Assembly,  1 ;  Of  abjuration,  names  of  members 
who  took,  206. 

Scrupulous  in  Swearing  Relief  Bill :     Enacted,  10. 
Doubts  in  Administration  of  Oaths  Removal  Bill : 

Brought  up  and  read,  1837;  Committed,  1839;  Re 
jected,  1844. 

Administration  of  Oaths  Regulation  Bill  : 

Brought  up,  1956;  Read,  1957;  Committed,  1958; 
Petition  presented  in  favor  of,  1966  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  1972  ;  Agreed 
to  by  that  House,  1973;  Title  altered,  viz. : 

Indulgence  to  Scrupulous  Consciences  Bill: 

Agreed  to  by  the  Assembly,  1973  ;     Enacted,  1990. 
OBLIVION:     See  PARDON. 

OBLONG : 

Oblong  Districting  and  Quit-Rents  Easier  Collection  Bill : 
Brought  up  and  read,  1920;     Committed,   1922;     Pas 
sed,  and  Assembly  acquainted,  1924;    Enacted,  1928. 

O'CALLAonAN,  E.  B.  :     Origin  of  Legislative  Assemblies  in 
New  York  by,  iii,  et  seq. 


:COLL,  WILLIAM  :  Member  of  the  Assembly,  738,  743  746 
747,  758,  763,  782,  784,  787,  793,  798,  799,  810,  825,  828' 
830,  832,  839,  841,  843,  856,  860,  863,  881,  891,  895,  951,  j  OLDFIELDS,  AUGUSTUS  : 


OFFICERS,  CIVIL  AND  MILITARY: 

Officers  Compulsory  Service  Bill:     Enacted,  xxv. 

OHIO:  The  French  encroach  on,  1147;  Intelligence  laid 
before  the  board  of  the  designs  of  the  French  on,  1148; 
French  forts  towards,  1161 ;  The  French,  proceed  in 
great  force  to,  1197. 


1205. 


988,  989,  991,  997,  1008,  1026,  1030,  1031,  1047  1049' 

1052,   1054,    1083,   1084,   1120,   1132,   1134,  1140  1169* 

1173,  1190,   1192,    1206,    1209,    1227,   1229,  1236,  1238 
1239,  1274,   1330,   1334,   1343,   1348. 

NICOLL,  WILLIAM  :    Commissioner  to  concert  measures  for 
an   expadition    against    Crown  Point,   987;     Member    of 
Assembly,  1691,  1716,  1725,  1728,  1743,  1750,  1775   1777 
1860,1861,1866,1870,  1872,  1876,  1879,  1883,  1888,  1889* 
1891,1905,1915,1920,  1933,  1948,  1956,  1958,  1966   1971 
1978,1979,1985. 

NICOLLS,  Mrs. :     99. 

NINE  PARTNERS  : 

Application  made  to  divide  the  patent  of  the,  638. 
Nine  Partners  Patent  Partition  Bill: 

Leave  given  to  introduce,  639;  Presented  by  Chief 
Justice  De  Lancey,  and  read,  639  ;  Committed,  640  ; 
Passed,  and  sent  for  concurrence  to  the  Assembly, 
640  ;  Amended  and  returned  to  the  Council,  648; 
Agreed  to  by  that  House,  and  Assembly  acquainted, 
648 ;  Enacted,  650. 


ONEIIJA  :     Invaded,  95  ;     A  smith  required  at,  301. 

ONONDAGA. : 

Invaded,  95  ;     A  message  brought  from,  123. 

Delegate?  sent  to,  124 ;  A  fort  proposed  to  be  built  at, 
146  ;  The  moneys  appropriated  therefor  otherwise 
expended,  160  ; 

Bill  to  oblige  persons  to  pay  their  arrears  of  £1,000  tax 
granted  for  building  a  fort  at  Onondaga.  brought  up, 
read  twice  and  committed,  203 ;  Read  3d  time,  204  ; 
Passed,  204  ;  Enacted,  205. 

Bill  for  the  better  explaining  the  same,  and  for  remedying 
some  irregular  proceedings  committed  in  Kings  county 
in  regard  to  the  same,  brought  up,  read  and  committed, 
214 ;  Amended,  216  ;  Sent  for  concurrence  to  the 
Assembly  and  amendments  concurred  in,  216 ;  En 
acted,  220. 

The  Assembly  recommended  to  provide  for  the  expenses 
incurred  by  captain  Schuyler  in  his  mission  to  Onou- 
daga,  242. 

A  general  meeting  of  Indians  to  be  held  at,  1120  ;  Colonel 
Johnson  to  meet  them  there,  1122. 


INDEX. 


2053 


OSTERHOUT,  LAWRENCE  :     424. 

OPINION  of  the  attorney-general  and  solicitor-general  of  I 
England  on  the  governor's  sitting  in  the  Legislative Coun-  j 
oil,  xxvii. 

OPPRESSION : 

Oppression  Prevention  Hill  : 
Brought  up,  read  twice  and  committed,  152. 

ORANGE  COUNTY: 

Bill  introduced  to  tax  unimproved  lands  in,  161 ;  Floris 
Croin  represents,  190. 

Entitled  to  elect  two  members  of  Assembly,  381. 

Boundary  difficulties  with  New  Jersey,  555. 

Empowered  to  elect  additional  constables  and  overseers  of 
highways,  874. 

The  people  of  Goshen  petition  for  protection,  1233 ;  A 
man  murdered  by  Indians  near  Goshen,  1250 ;  In 
dians  make  incursions  and  commit  murders  ill,  1307, 
1340;  Again  menaced  by  Indians,  1510. 

Cornwall  precinct  formed,  1560. 

Orange  County  Boundary  Hill  : 

Brought  up  and  committed,  291 ;  Passed,  and  Assem 
bly  acquainted,  292;  Enacted,  295. 

Court  House  and  Jail  Repairs  Bill  : 
Brought  up,  read  and  committed,  533;      Motion  for  3d 
reading  negatived  and  bill  rejected,  534. 

County  House  Repair  and  Jail  Enlargement  Bill  : 

Brought  up,  read  and  committed,  556 ;  Passed,  and 
Assembly  acquainted,  557;  Enacted,  562. 

New  Court  House  and  Jail  Building  Sill : 

Brought  up  and  read,  664  ;  Petition  against,  664 ;  Read 
2d  time,  666  ;  Counsel  heard  for  and  against  the  bill, 
667,671;  Passed,  and  Assembly  acquainted,  671 ; 
Enacted,  674. 

Crommeline's  Creek  Clearing  Hill : 

Brought  up  and  read,  1831 ;  Committed,  1833  ;  Passed, 
and  Assembly  acquainted,  1834;  Enacted,  1849. 

Drowned  Lands  Drainage  Bill : 

Brought  up  and  read,  1870  ;  Committed,  1871 ;  Passed, 
and  Assembly  acquainted,  1871 ;  Enacted,  1873. 

Drowned  Lands  Drainage  Bill: 

Brought  up  and  read,  1978;  Committed,  1980  ;  Passed, 
1981 ;  Assembly  acquainted,  1983  ;  Enacted,  1992. 

Assembly  Elections  Sill :     Enacted,  1015. 

Election   and  Meeting  Places  on   South  side  of  the  Moun 
tains  Alteration  Bill : 

Brought  up  and  read,  1966;  Committed,  1967;  Passed, 
1969  ;  Assembly  acquainted,  1973  ;  Enacted,  1992. 

Goshen  Court  House  and  Jail  Building  ]lill  : 
Brought  up,  692  ;     Petition  in  favor,  693  ;     Committed, 
693  ;      Passed,  and  Assembly  acquainted,  695  ;      En 
acted,  712. 

Goshen  Court  House  and  Jail  Completing  Bill  : 
Brought  up  and  read,   759  ;      Committed  and  passed, 
761  ;     Enacted,  766. 

Goshen  Additional  Constables  Election  Bill: 
Brought  up  and  read,  828  ;    Committed,  829  ;    Ordered 
3d  reading,  830;      Passed,  and  Assembly  acquainted, 
831 ;     Enacted,  837. 

Goshen  Court  House  Repairs  Bill : 

Brought  up  and  read,  1173;  Committed,  1174;  Pas 
sed,  and  Assembly  acquainted,  1177;  Mr.  Kennedy 
dissents,  1177;  Enacted,  1181. 

Goshen  Court  House  Building  Bill  : 
Brought  up  and  read,  1827;     Committed,  1828;     Pas 
sed,  and  Assembly  acquainted,  1829;    Enacted,  1835. 

Goshen  Court  House  and  Jail  Finishing  Bill : 
Brought  up  and  read,   1920;     Committed,   1922;     Pas 
sed,  and  Assembly  acquainted,  1923  ;     Enacted,  1928. 

Goshen  Prisoners  Removal  to  New  Jail  Bill : 
Brought  up  and  read,   1956  ;     Committed,  1958  ;     Re 
ported,    1961 ;     Passed,   and    Assembly    acquainted, 
1965  ;     Enacted,  1990. 


ORANGE  COUNTY  :  —  Continued. 
Goshen  Precinct  Division  Bill  : 

Brought  up,  read  and  committed,  1542  ;  Passed,  1552; 
Enacted,  1560. 

Goshen  Wall  Kill  Bridge  Erection  Bill: 

Brought  up  and  read,  1606;  Committed,  1607;  Pas 
sed,  1608  ;  Assembly  acquainted,  1609  ;  Enacted, 
1613. 

Goshen  Town  Rights  Division  Bill : 

Brought  up  and  read,  1840;  Committed,  1841 ;  Pas 
sed,  and  Assembly  acquainted,  1944;  Enacted,  1950. 

Goshen  and  Cornwall  Bridges  Bill: 
Brought  up  and  read,   1978;     Committed,  1980;     Pas 
sed,   1980;     Assembly  acquainted,    1983;     Enacted 
1992. 

Haverstraw  Town  Officers  Election  Bill : 

Brought  up,  read  and  committed,  443 ;     Passed,  and 

Assembly  acquainted,  444  ;     Enacted,  448. 

Orange  Town  Court  House  and  Jail  Finishing  Bill  : 
Brought  up,  read  and  committed,    742;     Passed,  and 

Assembly  acquainted,  743 ;     Enacted,  750. 
Reenacted,  904. 

(Orange  Town)  Court  House  and  Jail  Erection  Bill  : 

Brought  up  and  read,  1926  ;  Committed,  1928  ;  Passed, 
and  Assembly  acquainted,  1931  ;  Enacted,  1937. 

£495  Public  Charges  Tax  Bill  : 

Brought  up,  read  and  committed,  1670  ;  Passed,  and 
Assembly  acquainted,  1672  ;  Enacted,  1682. 

Act  passed  to  fix  the  places  whence  the  sheriff's  mileage 
fees  are  to  be  computed,  1015. 

South  Side  of  Highlands  Tax  Bill  : 

Brought  up  and  read,  1546  ;  Committed,  1547 ;  Passed, 
1548  ;  Enacted,  1560. 

Supervisors  Place  of  Meeting  Bill: 

Brought  up  and  read,  1716  ;  Committed,  1717;  Ordered 
3d  reading,  1718  ;  Passed,  and  Assembly  acquainted, 
1719  ;  Enacted,  1724. 

Wickham's  Pond  Lowering  Bill  : 

Brought  up,  1866;  Read,  1867;  Committed,  1867; 
Passed,  and  Assembly  acquainted,  1869  ;  Enacted, 
1873. 

Wickham's  Pond  Effectually  Lowering  Bill : 
Brought  np  and  read,  1978;    Committed,  1980;    Passed, 
1981;     Assembly  acquainted,  1983;     Enacted,  1992. 
See  AUCTIONS  ;     ELECTIONS  :     HIGHWAYS  ;     LANDS  ;     POOR  ; 
SWINE  ;     TAVERNS  ;     ULSTER  ;     WILLS  ;     WOLVES. 

ORDERS  IN  COUNCIL  : 

Forbidding  any  governor,  &c.,  from  receiving  presents 
from  the  Assembly,  communicated  to  the  legislature, 
206,  225,  297,  1128. 

Disallowing  the  act  to  lay  a  duty  of  two  per  cent  on  the 
prime  cost  of  all  European  goods  imported  into  New 
York,  516  ;  Communicated  to  the  Assembly,  517. 

ORDINANCE  :     See  FEES  ;   SMALL  CAUSES. 

ORISKANY:     The  Indians  complain  of  the  patent  of,  1265. 

ORPHANS  :     Act  concerning,  passed,  xiii. 

ORTMAN,  FRANCIS  :     Naturalized,  1708. 

OSBORNE  :     See  GOVERNORS. 

OSWALD,  PHILIP  :     Naturalized,  1708. 

OSWEGO : 

Founded,  554;  The  French  summon,  554;  Arrange 
ments  made  for  provisioning  the  garrison,  652;  The 
trading  house  in  a  ruinous  condition,  676,  681;  A 
double  garrison  at,  756. 

Osicego  Trading  House  Maintenance  Bill  : 
Brought  up,  read  and  committed,  561  ;     Enacted,  562; 
The  corporation  of  Albany  neglects  to  comply  with 
the  provisions  of  the  act,  575  ;     Disallowed,  591 ; 

Oswego  Trading  House  Provisions  and  Stores  Paying  Bill  : 
Brought  up,   read   and  committed,  580  ;     Passed,  and 
Assembly  acquainted,  581 ;     Mr.   Philip  Livingston's 
objections  to  a  clause  of,  581 ;     Enacted,  582. 


2054 


INDEX. 


OSWEGO :  —  Continued. 

Oswego  Trading  House  Demands  Discharging  Bill  : 
Brought  up,   read  and  committed,   588  ;     Passed,  and 
Assembly   acquainted,   589 1     Enacted,    591 ;     Disal 
lowed,  591. 

Osiccgo  Garrison  Victualing  Bill  : 

Brought  up,  read  and  committed,  601 ;  Passed,  and 
Assembly  acquainted,  601  ;  Enacted,  602. 

Oswego  Troops  Support  and  Indian  Trade  Regulation  Bill  : 
Brought  up  and  read,  608;     Committed,  60!) ;     Passed, 
and  Assembly  acquainted,  009;     Enacted,  612. 

Oswego   Demands  Discharging.   Troops    Supporting,  and 

Indian  Trade  Regulating  Bill : 
Brought  up  and  read,  622  ;     Committed,  623  ;    Passed, 

and  Assembly  acquainted,  624  ;     Enacted,  626. 
Continued,  656. 

Oswego  Charges  Defraying  and  Fur  Trade  Regulation  Bill: 
Brought  up,  read  and  committed,   706;     Passed,  and 
Assembly  acquainted,  707  ;     Enacted,  712. 

Oswego    Garrison   Support    and   Fur    Trade    Regulation 

BUI: 
Brought  up,  read  and  committed,  765  ;      Passed,  765  ; 

Assembly  acquainted,  766  ;     Enacted,  766. 
Again  enacted,  808. 

Assembly  reminded  of  the  great  importance  of  Oswego, 
838  ;  That  post  reinforced,  847  ;  Measures  adopted 
to  strengthen  it,  849  ;  Traders  abandon  the  place, 
852  ;  Indians  riot  disposed  to  defend,  808. 

Oswego  Garrison  and  Trading  House  Support  Bill  : 
Brought  up  and  read,    851 ;      Passed,    and    Assembly 

acquainted,  856;     Enacted,  857. 
Continued,  959. 
Further  continued  with  additions,  1032,  1065. 

Three  Oswego  Acts  Continuation  BUI  : 

Brought  up  and  read,  1103;  Committed,  1104;  Passed, 

and  Assembly  acquainted,  1105  ;     Enacted,  1107. 
The  Legislature  urged  to  put  it  in  a  state  of  thorough 

repair,  1148. 

Oswego  Acts  Continuation  Sill : 

Brought  up  and  read,  1169  ;  Message  to  the  lieutenant- 
governor  thereupon,  1171;  Passed,  and  Assembly 
acquainted,  1171;  Enacted,  1181. 

A  military  force  sent  to,  1197. 

No  rum  to  be  sold  to  Indians  except  at,  1207. 

The  French  reduce,  1270. 

Men  required  for,  1476. 

A  company  posted  at,  1534. 

See  ADDKESSES  ;   TRADE. 
OUTLAWRY  :     See  FRENCH,  PHILIP. 
OVSTERBAY  :     See  LOTTERY  ;    QUEENS  COUNTY. 
OYSTER  ISLANDS  :     Annexed  to  New  York,  12. 

OYSTERS  : 

Oysters  Preservation  Sill: 
Brought  up  and  read,  381. 

Again  brought  up,  read  and  committed,  383  ;  Enacted, 
384. 

Oysters  Better  Preservation  Sill  : 

Brought  up,  read  and  committed,  594  ;     Amended,  and 
sent  for  concurrence  to  the  Assembly,  596  ;    Enacted, 
599. 
Revived,  712. 

Staten  Is'and  Oysters  Preservation  Bill : 

Brought  up  and  read,  703  ;  On  motion  for  2d  reading, 
bill  rejected,  704. 

Richmond  County  Oyster  Preservation  Hill: 

Brought  up  and  read,  710  ;  Committed,  and  passed, 
711;  Assembly  acquainted,  712 ;  Enacted,  713. 

OYSTER  SHELLS  :      Not  to  be  burnt  within  the  limits  of  the 
city  of  New  York,  190,  204. 

See  NEW  YOEK  ;     RUM. 


P. 


PACHECO,  RODRIGO,  499. 

PALATINES  :     See  GERMANS. 

PALMER,  Judge:     Member  of  Council,  xiv,  xviii,  xx. 

PAMPHLETS  : 

The  case  of  William  Atwood,  Esq.,  late  chief  justice,  &c., 
printed,  193. 

The  attention  of  the  Council  called  to  "A  Treaty  between 
his  excellency  the  Governor  and  the  Six  Nations,"  957; 
Mr.  Golden  confesses  himself  the  author,  and  pamphlet 
censured,  958. 

"  The  Conduct  of  Cadwallader  Colden,"  &c.,  a  joint  com 
mittee  appointed  to  inquire  into  the  contents  of,  1635  ; 
Report,  1641. 

PAPER  MANUFACTURE  :     See  MANUFACTURES. 
'  PAPER  MONEY  :     See  CURRENCY. 

PARDON : 

Bill  for  the  pardoning  of  such  as  have  been  active  in  the 
late  disorders,  enacted,  9. 

PAKKER,  ELISIIA  :  Commissioner  on  the  New  Jersey  boun 
dary,  1019. 

PARKER,  JOHN  :  201 ;  Is  heard  by  his  counsel  against  the 
bill  for  vesting  the  estate  of  David  Briggs  pursuant  to  a 
deed  of  settlement  made  by  said  Briggs,  202. 

PARLIAMENT : 

Practice  of,  in  regard  to  appropriations,  1045 ;  A  bill 
brought  into,  concerning  the  paper  currency  in  the 
colonies,  876;  Imposes  duties  in  the  colonies,  1711; 
An  act  passed  empowering  agents  to  receive  the  New 
York  quota  of  the  grant  made  to  the  colonies  by,  1398, 

See  ACTS. 

PARMYTER,  JOHN  :  Obtains  the  exclusive  right  to  manufacture 
lampblack,  336,  423  ;  A  committee  of  conference  meets 
at  the  house  of,  418. 

PARMITER,  SUSANNA  :  467  ;  Empowered  to  sell  certain  pro 
perty  in  New  York,  476  ;  Invested  with  the  monopoly 
ot  the  manufacture  of  lampblack,  518. 

Partniter  House  Sa!c  Bill : 

Brought  up,  read  and  committed,  467 ;     Passed,  and 
Assembly  acquainted,  469  ;     Enacted,  476. 
See  MANUFACTURES. 

PARTNERS : 

Debts  from  Joint  Partners  Easier  Recovery  Sill: 

Brought  up  and  read,  1229  ;  Committed,  1233  ;  Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  1235 ; 
Agreed  to  by  that  House,  1236 ;  Enacted,  1247. 

PARTITION  :     See  LANDS. 
PARTRIDGE,  OLIVER  :     987. 

PAWLING,  ALBERT,  and  others  :  Apply  by  petition  for  power 
to  sell  certain  tracts  of  land,  574  ;  Member  of  Assembly, 
616,  654. 

PEARSALL,  JOHX  :     368.     See  PIERSALL. 

PEAKSON,  NATHANIEL  :  Refuses  to  sit  in  Leisler's  Assembly, 
xxiv.  See  PIERSON. 

PEARTREB,  WILLIAM  :  Commands  an  expedition  against 
French  privateers,  246;  Member  of  the  Council,  275-294. 

PEDDLERS  :     See  HAWKERS  AND  PEDDLERS. 

PELL,  JOHN  :  Member  of  the  Assembly,  2,  3,  4,  7,  15,  16, 
21,  51,  55,  66. 

PELLETREAU,  ELIAS  :     499. 

PEMAQUID  :     The  French  successful  at,  101. 

PENNANT,  EDWARD  :     444,  447.     See  PETITIONS. 

PENNSYLVANIA: 

Called  on  to  assist  in  defending  the  frontiers  of  New  York, 
14;  Expected  to  be  annexed  to  New  York,  32;  Gov 
ernor  Fletcher  about  to  assume  the  government  of,  39  ; 
Refuses  to  aid  New  York,  54 ;  The  Assembly  about  to 
meet,  55  ;  Commissioners  appointed  to  receive  moneys 
overpaid  to,  1530. 


INDEX. 


2055 


PERJURY : 

Perjury  Prevention  Act :     Passed,  xii. 
PERKY,  Jonx :     2?. 
PETERSE,  PETER  :     424. 

PETITIONS  : 

From  Long  Island,  for  a  representative  form  of  govern 
ment,  vi ;  Prayer  rejected,  vii. 

Of  Daniel  Duchemiu  and  other  Frenchmen,  to  be  natural 
ized,  xix. 

From  Kings  county,  against  the  election  of  Henry  Filkin 
to  the  Assembly,  49. 

From  Ilempstead,  the  Assembly  address  the  Council. there 
upon,  140. 

Of  Abraham  Gouverneur  and  others,  against  the  bill  to 
dispose  of  the  estate  of  Margaretha  Selyns,  349. 

Of  Sam,  the  negro,  concerning  his  freedom,  412. 

Of  David  Jamison,  acting  attorney-general,  for  compensa 
tion,  recommended  to  the  Assembly,  414. 

Of  Edw.  Pennant,  to  recommit  the  Davenport  bill,  444  ; 
Withdrawn,  447. 

Of  the  trustees  of  Marbletown,  458. 

Of  George  Clarke,  deputy  auditor-general,  against  the  bill 
for  discharging  Abraham  De  Peyster,  late  treasurer,  475. 

Against  the  Hurley  and  Marbletown  boundary  bill,  laid  on 
the  table,  484 ;  In  favor  of  proceeding  therewith,  491 ; 
Referred,  496. 

To  include  certain  vessels  in  the  sloop  Success  exemption 
bill,  499  ;  Order  thereon,  501. 

Of  Archibald  Kennedy,  collector,  &c.,  on  the  bill  to  pre 
vent  the  molestation  of  boats  and  other  vessels,  513 ; 
Referred,  514. 

Of  Walter  Dongan,  praying  governor's  assent  to  a  bill  to 
dispose  of  certain  lauds  in  Richmond  and  Queens  coun 
ties,  528. 

Of  Thomas  Hicks,  for  a  bill  to  cut  off  the  entail  contained 
in  the  will  of  his  grandfather,  &c.,  531. 

Of  Albert  Pawling  and  others  for  an  act  empowering  them 
to  sell  certain  tracts  of  land,  574. 

Of  Robert  Lurt'ng  and  others,  for  an  act  to  enable  them  to 
divide  a  certain  tract  of  land  in  Dutchess  county,  638. 

Of  the  trustees  of  Brooklyn,  against  the  ferry  act,  954. 

Of  Jochum  Melchior  Mageus,  praying  for  the  passage  of 
his  naturalization  bill,  presented,  1053. 

From  Goshen,  praying  for  protection,  1233. 

Of  officers  and  practicers  of  the  law  against  the  Five 
Pound  Bill,  praying  to  be  heard  against  the  same,  1313. 

Of  the  mayor,  £c.,  of  New  York,  asking  for  a  copy  of  a 
bill  regulating  the  sale  of  firewood,  and  for  leave  to 
make  their  objections,  1580. 

Of  inhabitants  of  the  southern  part  of  Albany  county, 
against  a  bill  to  settle  and  ascertain  the  northern  limits 
of  Ulster,  1G93;  Order  thereupon,  1694. 

Of  John  Willet,  praying  to  be  heard  ag,iinst  the  passing 
of  the  bill  for  the  relief  of  insolvent  debtors,  1784. 

Of  Evert  Wynkoop  and  William  Dedtrick,  against  the 
passing  of  the  bill  for  settling  the  line  between  Ulster 
and  Albany,  1914. 

Of  John  Sebring,  and  others,  praying  the  rejection  of  the 
bill  for  completing  the  ditch  between  Gowanes  bay  and 
the  East  River,  1934  ;  Ovder  therefor,  1934,  1936. 

Of  Nicholas  Van  Veght,  and  others,  praying  the  Council 
to  proceed  with  the  bill  for  completing  the  ditch  between 
Gowanes  bay  and  the  East  River,  1930;  Order  there 
upon,  1936. 

Of  Thomas  Wood,  and  others,  praying  the  passage  of  the 
bill  to  regulate  the  administration  of  oaths,  1966. 
See  MEMORIALS. 

PETBIE,  WILLIAM  :     Naturalized,  1751. 

PHILIPSBOROUGH   MANOR : 

An  act  passed  to  prevent  the  killing  of  game  in,  1872. 

See  GAME. 

PHILIPSE,  ADOLPH  :  Member  of  the  Council,  224-467;  Mem 
ber  of  tue  Assembly,  493,  503,  511,  C90,  709,  718. 

See  SPEAKER. 
PHILIPS,  AMBROSE  :     Money  authorized  to  be  sent  to,  438. 

See  AGENT. 

PHILIPSE,  (FLYPSEN)  FREDERICK:  Member  of  Council,  xi, 
xiv,  xvii-xxiv.  1-115. 

PHILIPSE,  FREDERICK  :  Obtains  authority  over  Kings  bridge, 
341,  361  ;  Member  of  Assembly,  541,  548,  5(i7,  5S4,  592, 
595,  609,  616,  635,  640,  647,  64'.*,  655,  667,  669,  670,  087, 
688,  710,  729,  748,  749,  753,  786,  798,  828,  834,  859,  867, 
880,  895,  938,  939,  967. 


PHILIPSE,  FREDERICK  :  Member  of  Assembly,  1083,  1086, 
1120  1179, 1193,  1226,1285,  1308,  1348,  134!*,  1362,  1364, 
1381,1434,  1435, 149'i,]  027,  1542,  1.14(5,  16)8,  1626,  1602, 
1667,  16S7,  1691,  1695,  1697,1703,  1728,  1731,  1735,  1774, 
1778,  1787, 1807,  18)3, 1815, 1821,  1823,  1858,  1SU3,  1867, 
1876,  1880, 1881, 1885,1903,1913,  1923,  1931,  1934,  1945, 
1948, 1957,  I960,  1973,  1985,  1989. 

PIIIPPS,  BENJAMIN  :  Appointed  sergeant-at-arms  to  the 
Assembly,  3. 

Pinrs,  Lieutenant-Governor  SPENCER:  Renews  the  offer 
of  cooperating  with  New  York  in  the  prosecution  of  the 
war,  905. 

PIIIPPS,  Sir  WILLIAM  :     His  letter  sent  to  the  Assembly,  58. 

PHYSIC  AND  SURGERY : 

Chirurgcons  and  Midwivcs  Bill:     Enacted,  xiii. 

Physic  and  Surgery  Practice  Regulation  Bill: 
Brought  up  and  read,  1390 ;     Passed,  1405  ;     Enacted, 
1406. 

PIERSALL,  NATHANIEL,  declared  not  qualified  to  sit  in  the 
Assembly,  1. 

PIERSON,  DAVID  :  Member  of  Assembly,  746,  759,  763,  778 
781,  782,  784,  790,  841,  851,  858,  872,  895. 

PIERSON,  HENRY:  Member  of  Assembly,  2,  4,  11,  21,  44; 
Elected  speaker  of  the  Assembly,  49  ;  Sick,  57 ;  Men 
tioned,  61,  124,  125,  126. 

See  SPEAKER. 

PILET,  PHILIP:     Naturalized,  1751. 

PILOTAGE ;     PILOTS : 

Pilotage  Bill  : 

Brought  up,  amended,  and  sent  for  concurrence  to  the 
Assembly,  50;  Agreed  to  by  that  House,  51;  En 
acted,  51. 

Pilotage  Establishment  Bill  : 

Brought  up,  424  ;  Read,  425  ;  Committed,  425  ; 
Amended,  and  sent  for  concurrence  to  the  Assem 
bly,  426  ;  Agreed  to  by  that  House,  427  ;  Enacted, 
430. 

Pilots  petition  for  encouragement,  98  ;  Petition  refer 
red  to  the  committee  on  the  navigation  bill,  498. 

Sandy  Hook  Pilots  Bill  : 

Brought  up  and  read,    532;     Committed,    533;     Pas 
sed,  and  Assembly  acquainted,  534;     Enacted,  536. 
Again  enacted,  612,  1298,  1369,  1524,  1990. 
Revived,  712,  1015,  1065,  1336,  1432. 
Continued,  1502,  1637. 
Further  continued,  1681. 

PINHORNE,  WILLIAM:  Speaker  of  the  Assembly,  xv  ;  Mem 
ber  of  Council,  3-113. 

See  SPEAKER. 

PIRATES  AND  PRIVATEERS: 

An  act  against,  introduced,  xvii ;     Enacted,  xviii. 

New  York  a  noted  receptacle  of,  111;  French  privateer 
in  the  harbor  of  New  York,  a  reward  offered  for  her 
capture,  230;  An  expedition  fitted  out  against,  246  ; 
Assembly  recommended  to  provide  for  another  expe  - 
ditiou  against,  265  ;  Infest  the  coast,  1018. 

Privateers  and  Pirates  Punishment  Bill: 

Recommended  to  the  Assembly,  19;  Brought  up  and 
read,  21' ;  Passed,  22  ;  Enacted,  23. 

Privateers  and  Pirates  Restraining  and  Punishing  Bill  : 
Brought  up  and  read,    127 ;      Referred  to  the   judges 
of    the    supreme   court,    128 ;      Their    report,    130 ; 
Amended,  and  passed,  130;     Enacted,    143. 

Privateers  Premium  Bill: 

Brought  up,  879  ;  Read  and  committed,  880  ;  Ordered' 
3d  reading,  881 ;  Passed,  and  Assembly  acquainted, 
882 ;  Enacted,  884. 

PITT     See  CHATHAM. 

PITT,  JACOB  :     Naturalized,  430. 

PITT,  JAN  :     Naturalized,  430. 

PLANTATIONS  :  Are  thinking  of  throwing  off  their  depend 
ence  on  England,  768. 


2056 


INDEX. 


PLANTIN,  Jons  :     Naturalized,  1614. 

PLATT,  EPENETUS :     Member  of   Assembly,  532,  545,   566, 

583,  586,  594,  615,  627. 
PLAY-ACTIKO  :    See  THEATRE. 
PLOWMAN,  Collector  :     27,  28. 
PLUVIER,  CORNELIUS  :     Member  of  Assembly,  xxiv. 
POLIXO  (POLINE),  JOHN  :     Member  of  Assembly,  2,  4,  7. 
POLL  TAX  :     See  TAXES. 

POOR: 
Poor  Maintaining  and  Vagabonds  Preventing  Bill: 

Enacted,  xii. 
Repealed,  171. 

Poor  Maintaining  and    Vagabonds  More  Effectual  Pre 
vention  Bill  : 
Brought  up  and  read,  160  ;     Committed,  162  ;     Passed, 

and  Assembly  acquainted,  166  ;     Enacted,  171. 
Workhouses  recommended  to  be  built  for  the  poor,  125. 

Public  Charges  Defraying,  Poor  Maintaining  and  Vaga 
bonds  Prevention  Bill : 

Brought  up  and  read,  193  ;  Committed,  196  ;  Amended, 
197 ;  Sent  for  concurrence  to  the  Assembly,  198  ; 
Agreed  to  by -that  House,  198  ;  Enacted,  204. 

Poor  Settlement  and  Relief  Bill  : 

Brought  up  and  read,  1883 ;  Committed,  1884  ;  Passed, 
and  Assembly  acquainted,  1888  ;  Enacted,  1893. 

Albany  County  Poor  Relief  Bill: 

Brought  up  and  read,  1885  ;  Committed,  1887;  Passed, 
and  Assembly  acquainted,  1889  ;  Enacted,  1894. 

Cortland  Manor  Poor  Relief  Bill : 

Brought  up,  1512  ;  Read  and  committed,  1513;  Or 
dered  3d  reading,  1515;  Passed,  and  Assembly 
acquainted,  151G;  Enacted,  1524. 

Amended,  1991. 

Dutches*  County  Poor  Relief  Bill: 

Brought  up,  read  and  committed,  765  ;     Passed,  765 ; 

Assembly  acquainted,  766  ;     Enacted,  766. 
Revived,  1406. 
Continued,  1724. 

Dutchess  County  Poor  Better  Relief  Bill  : 
Brought  up  and  read,  828  ;    Committed,  829  ;    Ordered 

3d  reading,  830  ;     Passed,  and  Assembly  acquainted, 

831 ;     Enacted,  837. 
Continued,  1065. 

Dutchess  County  Orcrscers  Election  Bill : 

Brought  up  and  read,  1172  ;  Committed,  1174  ;  Passed, 
1176;  Assembly  acquainted,  1177;  Enacted,  1181. 

New  York  Poor  Relief  Bill  : 

Brought  up,  79  ;     Read  and  enacted,  80. 
New  York  Poor  Supporting  Hill  : 

Brought  up,  read  and  committed,  185  ;     Enacted,  189. 
Suffolk  and  Orange  Counties  Poor  Relief  Bill : 

Brought  up,  read  and  committed,  863 ;  Ordered  3d 
reading,  864  ;  Passed,  865  ;  Enacted,  874. 

Suffolk  County  Poor  Relief  Bill  : 

Brought  up  and  read,  989  ;  Committed,  990  ;  Ordered 
3d  reading,  991 ;  Passed,  and  Assembly  acquainted, 
994 ;  Enacted,  999. 

Ulster  and  Orange    Counties  Poor  Relief,  and   Overseers 
Election,  BUI  : 

Brought  up,  read  and  committed,  1669  ;  Ordered  3d 
reading,  1670  ;  Passed,  and  Assembly  acquainted, 
1672;  Enacted,  1682. 

Amended,  1751. 

Kingston  Poor  Provision  Bill: 

Brought  up,  read  and  committed,  1720 ;  Passed,  and 
Assembly  acquainted,  1731 ;  Enacted,  1751. 

POSTHUMOUS  CHILDREN: 

Posthumous  Children  Inheritance  Bill  : 

Brought  up  and  read,  1835;  Committed,  1836  ;  Passed, 

and  Assembly  acquainted,  1838. 
Again  brought  up  and  read,  1905  ;      Committed,  1906  ; 

Passed,  and  Assembly  acquainted,  1907  ;      Enacted! 


POST  OFFICE: 

Post  Office  Encouragement  Bill : 

Recommended  to  be  prepared,  26  ;  Brought  up,  30  ; 
Amended,  31 ;  Passed,  32  ;  Enacted,  34. 

Post  Office  Encouragement  Act  Continuation  Bill: 
Brought  up,  79  ;     Enacted,  80. 

Post  Office  Act  Continuation  Bill  : 

Brought  up,  126;  Committed,  137;  Passed,  139; 
Enacted,  143. 

Post  Office  Act  Enforcing  and  Continuing  Bill  : 

Brought  up,  read  and  committed,  186 ;  Passed,  and 
Assembly  acquainted,  187  ;  Enacted,  189. 

Post  Office  Act  Enforcing  and  Continuing  Bill  : 

Brought  up,  read  and  committed,  226 ;  Passed,  and 
Assembly  acquainted,  227  ;  Enacted,  234  ;  Expired, 
247. 

Post  Office  Encouragement  Bill: 

Brought  up  and  read,  249  ;  Committed,  250  ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  250; 
Amendments  but  one  agreed  to,  and  Council  recede. 
253  ;  Enacted,  263. 

A  post  established  between  Albany  and  Boston,  285. 
POT  AND  PEARL  ASHES  :     See  1? BAUDS  ;     INSPECTION. 
POTTZ,  MICHAEL  :     Naturalized,  1596. 

POWDER  : 

Powder  Magazine  Erection  Bill : 

Brought  up  and  read,  480 ;  Read  2d  time,  480  ; 
Question  on  committing  negatived,  481 ;  Motion  to 
reject  the  bill,  put  and  carried  in  the  affirmative,  and 
Assembly  acquainted,  481. 

See  NEW  YORK. 
POWERS,  GEORGE  :     Naturalized,  1708. 

POWNAL,  THOMAS  :  1189, 1190  ;  Communicates  intelligence 
of  the  great  fire  in  Boston,  and  asks  assistance,  1399. 

PRATT,  BENJAMIN:  Chief  justice,  1450;  Member  of  the 
Council,  1464-1493. 

PRATT,  JOHN  :     See  QUEENS  COUNTY. 

PRAYER  :  The  Assembly  recommended  to  open  their  daily 
sessions  with,  177. 

PRECEDENTS  :  In  favor  of  the  right  of  the  Council  to  amend 
money  bills,  328. 

PRESBYTERIANS  AND  INDEPENDENTS  :  Their  ministers,  how 
to  be  maintained,  138. 

PRESCRIPTION  :     See  LIMITATION. 

PRETENDER  :  The  French  preparing  to  invade  England  in 
favor  of  the,  838. 

PRETTY,  RICHARD  :     xvii. 

PRICES:  An  act  passed,  fixing  the  rates  to  be  "paid  for  vei- 
hicles  employed  in  the  public  service,  1260. 

PRIESTS  :     See  JESUITS. 
PRINTING : 

A  committee  appointed  to  consider  what  session  papers 
and  messages  ought  to  be  printed  for  the  satisfaction  of 
the  people,  65  ;  The  Assembly  allowed  to  print  their 
votes,  76  ;  Request  an  addition  of  .£20  to  the  salary  of 
the  printer,  80  ;  Samuel  Multord  prosecuted  for  pub 
lishing  a  speech  delivered  by  him  in  the  Assembly,  401 ; 
Minute  of  Council  condemnatory  of  the  Assembly  re 
solution  against  a  court  of  chancery,  ordered  printed, 
563 ;  A  printed  decree  of  the  New  York  court  of 
chancery  referred  to,  568. 

See  BRADFORD  ;     PAMPHLETS. 

PRISONERS  :  The  Legislature  recommended  to  provide  for 
an  exchange  of,  1018 ;  Ordered  to  be  received  in  New 
York,  1271. 

PRIVATE  BILLS: 

Order  to  be  observed  before  2d  reading,  685 ;  Instruc 
tions  in  regard  to,  1249. 

PRIVATEERS :     See  PIBATES. 


INDEX. 


2057 


PRIVILEGES  OF  PARLIAMENT: 

Privileges  of  members  of  Assembly,  1,  25,  41,  49,  78,  113, 
119,  157,  176,  296,  424,  819,  1003,  1358,  1425,  1657, 
1685. 

The  Assembly  accuses  the  governor  of  a  violation  of  their, 
1032. 

PRIZES  : 

Prize  Goods  Exemption  Bill: 

Brought  up,  read  and  committed,  851  ;  Ordered  3d 
reading,  853 ;  Passed,  and  Assembly  acquainted,  854. 
Enacted,  857. 

PROBATE  :     See  WILLS. 

PROCLAMATIONS  : 

Adjourning  or  proroguing  the  Legislature,  xv,  94,  110, 
221,  224,  23(i,  24],  275,  286,  295,311,320,381,423, 
431,  439,  449,  400,  462,  463,  464,  476,  477,  478,  486, 
487,  498,  506,  508,  518,  524,  538,  550,  551,  552,  602, 
612,  650,  651,  657,  658,  659,  660,  674,  714,  961,  1033, 
1034,  1041,  1042,  1066,  1067,  1094,  1095,  1096,  1097, 
1098,  1099,  1108,  1109,  1124,  1125,  1146,  1159,  1181, 
1188,  1220,  1260,  1261,  1269,  1290,  1291,  1299,  1300, 
1301,  1302,  1303,  1305,  1306,  1319,  1337,  1338,  1339, 
1369,  1370,  1371,  1374,  1375,  1376,  1377,  1392,  1406, 
1407,  1408,  1423,  1424,  1438,  1439,  1473,  1478,  1479, 
1480,  1481,  1482,  1503,  1504,  1505,  1506,  1507,  1508, 
1531,  1532,  1533,  1538,  1561,  1562,  1563,  1564,  1583, 
1584,  1585,  1586,  1597,  1614,  1620,  1621,  1622,  1708, 
1709,  1752-1755,  1791-1799,  1850-1853,  1895-1897, 
1938-1941,  1993-1997. 

Dissolving  the  Assembly,  xiv,  xvii,  24,  77,  110,  156,  175, 
537,  1043. 

For  calling  back  such  as  have  deserted  their  habitations, 
&c.,  recommended  to  be  issued,  9  ;  Amended  and  sent 
for  concurrence  to  the  Assembly,  10. 

For  a  public  fast.  12. 

Prohibiting  the  exportation  of  wheat,  13. 

To  enforce  the  currency  of  wampum,  30. 

Requiring  Humphrey  Underbill,  a  representative  for 
Westchester,  to  appear  and  purge  himself  of  his  con 
tempt,  103. 

Requiring  the  towns  of  Rye  and  Bedford  to  return  to  their 
obedience,  106. 

Convoking  the  Assembly,  237,  651,  659,  060,  715,  962, 
1068,  1160,  1188,  1212,  1220,  1221,  1291,  1306,  1357, 
1371,  1376,  1393,  1398,  1408,  1424,  1439,  1463,  1473, 
1482,  1508,  1533,  1564,  1586,  1615,  1622,  1710,  1755, 
1799,  1853,  1897,  1941. 

For  the  discovery  of  the  author  of  certain  papers  pub 
lished  in  Zeuger's  Journal,  ordered,  642. 

PROMISSORY  NOTES  : 

Promissory  Notes  More  Effectual  Recovery  Bill  : 

Brought  up  and  read,  1738  ;  Committed,  1740;  Passed, 
and  Assembly  acquainted,  1741  ;  Enacted,  1750. 

Promissory  Notes  Relief  Enforcement  Bill : 

Brought  up  and  read,  1831  ;  Committed,  1833  ;  Passed, 

and  Assembly  acquainted,  1834. 
Again  brought  up  and  read,  1861  ;      Committed,  1862  ; 

Ordered  3d  reading,  1864  ;      Passed,  and   Assembly 

acquainted,  1865;     Enacted,  1894. 

PROTESTS:     See  DISSENTS. 

PROTESTANTS,  FOREIGN  :  Recommended  to  be  naturalized, 
810. 

See  NATURALIZATION. 

PROVINCIALS  :     See  MILITARY. 

PROVOOST,  DAVID  :  Member  of  Assembly,  142,  158,  160, 162, 
167,  174,  350,  425,  436,  440,  444,  449,  453,  457,  468,  471, 
474,  480,  481,  482,  488,  497,  503,  504,  511,  512,  514; 
Member  of  Council,  277-294;  Act  passed  to  pay  him 
as  member  of  Assembly,  417, 495,  517  ;  Tonnage  master, 
his  accounts  ordered  audited,  018  ;  Report  thereon,  520. 

PROVOOST,  JOHANNES  :     139,  142. 

PROVOOST,  WILLIAM  :  Member  of  Council,  507-542,  555-584, 
604-614. 

PUBLIC  DEFENCE : 

Scheme  for  the  security  and  defence  of  the  province  dur 
ing  the  Canada  expedition,  318. 

Public  Defence  Bill  : 

Brought  up,  amended  and  sent  for  concurrence  to  the 
Assembly,  319  ;     Enacted,  i>20. 
258 


j  PUBLIC  DEFENCE  :  —  Continued. 
Public  Defence  Bill  : 

Brought  up  and  read,  862 ;  Committed,  865  ;  Pro 
gress  reported  and  leave  granted  to  sit  again,  867; 
Passed,  and  Assembly  acquainted,  871 ;  Enacted,  874. 

See  FORTIFICATIONS. 
PUBLIC  MONEYS  :     See  TREASURER. 
PULTENET,  D.  :    428. 

PURDY,  DASIEL  :     Member  of  Assembly,  778,  786,  787. 
PURDY,  JOSEPH  :     Member  of  Assembly,  182,  202,  206,  219. 
PUSCHART,  JOHN  GEORGE  ;     Naturalized,  562. 


Q. 


QUAKERS : 

An  act  passed  to  ease  people  that  are  scrupulous  in  swear 
ing,  10  ;  To  be  put  on  the  same  footing  with  those 
in  England,  632. 

Quakers  Privileges  Bill  : 

Presented  by  Mr.  Harrison  and  Mr.  Horsmanden,  read 
and  committed,  6.32 ;  Passed,  and  sent  for  concur 
rence  to  the  Assembly,  633  ;  Enacted,  636. 

Certificate  Clause  in  Quakers  Privileges  Act  Repeal  Bill: 

Brought  up,  710  ;  Committed,  reported,  and  on  motion 
for  3d  reading,  rejected,  711. 

Kings  and  Queens   Counties  Quakers  and  United  Brethren 
Fines  Bill  : 

Brought  up  and  read,  1551  ;  Committed,  1552 ;  The 
Assembly  inquire  respecting  the  progress  of  the  bill, 
1558  ;  Council  decline  to  proceed  any  further  therein, 
1558. 

Militia  fines  exacted  from  Quakers  and  United  Brethren  in, 
Queens  county,  appropriated  to  the  use  of  the  poor. 
See  OATHS  ;  QUEENS. 

QUARANTINE  : 

Infectious  Distempers  Introduction  Prevention  Sill : 

Brought  up,  read  and  committed,  1192;     Passed,  and 

Assembly  acquainted,  1193  ;     Enacted,  1196. 
Continued,  1255. 
Reeuacted,  1333. 
Revived,  1524. 
Revival  act  continued,  1637. 

Infectious  Distempers  Act  Explanatory  Bill  : 

Presented,  read  and  committed,  1215  ;  Passed,  and 
sent  for  concurrence  to  the  Assembly,  1216  ;  Agreed 
to  by  that  House,  1218  ;  Enacted,  1219. 

Infectious  Distempers  in  certain  Counties  Prevention  Bill : 

Brought  up  and  read,  1813;  Committed,  1814;  Passed, 
and  Assembly  acquainted,  1839  ;  Enacted,  1849. 

Repealed,  so  fai  as  it  relates  to  the  manor  of  Philips- 
borough,  1894. 

Infectious  Distempers  Acts  Revival  Bill : 

Brought  up  and  read,  1957;  Committed,  1958;  Re 
ported,  1961  ;  Passed,  and  Assembly  acquainted, 
1965;  Enacted,  1990. 

QUARY,  Colonel :     249,  255. 
QUEBEC  :     Surrendered,  1379. 

QUEENSBOROUGH  :     The  legislature  called  on  to  vacate  the 
patent  of,   1549. 

QUEENS  COUNTY: 

A  meeting  of  delegates  called  at  Hernpstead,  iv ;  Not  a 
legislative  Assembly,  vi ;  Members  declared  not  quali 
fied  and  a  new  writ  ordered  for.  1 ;  Two  Brothers  and 
Huillett  islands  annexed  to,  12;  Address  of  the  As 
sembly  on  the  petition  from  Hempstead  laid  before  the 
Council,  140 ;  Letter  of  the  members  elect  from, 
giving  their  reasons  for  declining  to  sit  and  vote  in 
the  Assembly,  168  ;  The  legislature  meets  at  Jamaica, 
176,  1110;  Lord  Cornbury  and  family  remove  to,  183  ; 
Jonathan  Whitehead  elected  tor,  222;  The  trustees  of 
Jamaica  summoned  before  the  Council,  281  ;  Walter 
Dongtin  applies  for  power  to  sell  certain  lands  in,  529 ; 
An  act  passed  accordingly,  537  ;  Thomas  Hicks  em 
powered  to  sell  certain  lands  in,  537 ;  The  vestry  of 
Jamaica  empowered  to  dispose  of  certain  moneys,  630. 


2058 


INDEX. 


QUEENS  COUNTY:—  Continued. 

Constables  Election  Bill :     Enacted,  1646. 
County  Hall  and  Jail  Repairing  or  Rebuilding  Bill: 
Brought  up,  read  twice  and  committed,  264;     Read  3d 
time  and  Assembly  acquainted,  266;      Enacted,  267. 

County  Hall  and  Prisons  Sale  Bill: 

Brought  up,  read  and  committed,  300 ;  Papers  relat 
ing  thereto  called  for,  301. 

Court  House  and  Jail  Selling  and  Building  Bill  -• 
Brought  up,   read,  committed  and   passed,  473 ;     As 
sembly  acquainted,  474;     Enacted,  476. 
An  act  passed   for  the   more   equal  assessment  of  the 
minister's  and  poor's  tax  in,  476. 

Court  House  and  Jail  Completion  Bill  : 
Brought  up  and  read,  509  ;     Passed,  and  Assembly  ac 
quainted,  510:     Enacted,  517. 

Cownecks  Patent  Vacating  Bill :     Brought  up,  153. 
Hawzhurst  and  Pratt  Land  Exchange  Confirmation  Bill  : 
Brought  up,   700  ;  read  and  committed,  706 ;     Passed, 
and  Assembly  acquainted,  707  ;     Enacted,  712. 

Grass  Burning  on  Hcmpstead  Plains  Prevention  Bill  : 
Brought  up,  read  and  committed,   533  ;     Passed,  and 

Assembly  acquainted,  534 ;     Enacted,  536. 
Revived,  625. 
Further  continued,  with  an  addition,  750,  1065,  1423, 

1724. 

Swinging  Gates  on  Great  Plains  Bill  : 
Brought  up,   1242;     Read,   1243;     Committed,   1244; 

Ordered   3d  reading,  1245  ;     Passed,  and  Assembly 

acquainted,  1246;     Enacted,  1248. 

Jamaica  Vestry  Empowering  Bill  : 

Brought  up,  628  ;  Read  and  committed,  629  ;  Passed, 
and  Assembly  acquainted,  629  ;  Enacted,  630. 

Moneys  in  Treasury  Appropriation  Bill: 

Brought  up  and  read,  1956 ;  Committed,  1958 ;  Re 
ported,  1961 ;  Passed,  and  Assembly  acquainted, 
1965  ;  Enacted,  1991. 

[This  net  applies  to  militia  fines  csaoted  from  Quakers  anj  Uuited 
Brethren.) 

Oysttrbay  and  Hempstcad  Collectors  Election  Bill  : 

Enacted,  1646. 
Soldiers  Quarters  Tax  Bill  : 

Brought  up  and  read,  1348;  Committed,  1349  ;  Passed, 
and  Assembly  acquainted,  1351;  Enacted,  1356. 

Compulsory  Enlistment  Bill :     Brought  up  and  read,  13G6. 

See  ACTS;     CATTLE;     DEER;     Dous;     TAXATION. 
QUEENS  FARM  :     See  NEW  YORK. 
QUICK,  TUNIS:     341. 
QUINBY,  JOHN  :     v. 
QUIT-RENTS: 

Quit-Rents  Better  Collection  Bill: 
Fails  to  become  law,  xv. 

Quit-Rents  Collection  Bill:     Presented,  161. 

Quit-Rents  More  Effectual  Discovery  Bill : 
Presented  by  the  attorney-general,  read  and  committed, 
212 ;  Ordered  engrossed,  213  ;  Passed,  and  sent  for 
concurrence  to  the  Assembly,  214  ;  Amended,  218  ; 
Conference  ordered  thereupon,  and  amendments  dis 
agreed  to,  219  ;  The  Assembly  consents  to  one  of  the 
amendments,  220 ;  Another  bill  ordered  to  be  brought 
in,  322. 

Quit-Rents  Belter  Recovery  Bill  : 

Presented  by  Mr.  Mompesson,  read  and  committed,  323  ; 
Amended,  324;  Passed,  and  sent  for  concurrence  to 
the  Assembly,  326. 

Quit-Rents  Better  Recovery  Bill  .- 

Presented  by  Mr.  Byeriey,  and  read,  336  ;  Committed, 
337  ;  Report,  338  ;  Ordered  to  be  engrossed,  339  ; 
Passed,  and  sent  for  concurrence  to  the  Assembly, 
340. 

The  receiver-general  requests  that  quit-rents  may,  in  cer 
tain  cases,  be  established  by  law,  509 ;  His  memorial 
referred,  509  ;  Report,  510. 


QUIT- RENTS  :—  Continued. 
Quit-Rents  Ascertaining  Bill: 

Read  and  postponed,  513. 
His  Majesty's  Rents  Ascertaining  Bill  : 

Leave   granted   to   bring   in,   545;     Presented   by  Mr. 

Clarke,  and  read,  546. 
Leave  given  again  to  introduce,  556;     Presented  by  Mr. 

Clarke,  read  and  committed,  557;     Amended,   558; 

Passed,  and  sent   for  concurrence  to  the  Assembly, 

559. 

Quit-Rents  Easier  Collection  Bill  : 

Presented  by  Mr.  Kennedy,  and  read,  1168;  Ordered 
2d  reading,  1174;  Committed,  1175;  Progress  re 
ported.  1197;  Ordered  to  be  engrossed,  1198;  Pas 
sed,  and  sent  for  concurrence  to  the  Assembly,  1199  ; 
Mr.  Smith  dissents,  1199  ;  Agreed  to  by  that  House, 
1204 ;  Enacted,  1207. 

Quit-Rents  More  Effectual  Collection  and  Lands  Partition 
Bill  : 

Brought  up  and  read,  1451  ;  Committed,  1452;  Pas 
sed,  and  Assembly  acquainted,  1459  ;  Enacted,  1463. 

Continued,  1681. 

Quit-Rents    More   Effectual    Collection    Act   Explanatory 

Bill  : 

Brought  up  and  read,  1470  ;  Committed,  1471 ;  Pas 
sed,  and  Assembly  acquainted,  1471 ;  Enacted,  1472. 

Quit-Rents  Collection  and  Partition  Act  Amendment  Bill  : 
Brought  up  and  read,  1497  ;     Committed,  1499 ;     Re 
ported  and  read  3d   time,   1501;       Motion   to    pass, 
negatived,  and  bill  rejected,  1501. 
Again  brought  up  and  read,  1667. 

Sixth  Clause  of  Quit- Rents  and  Partition  Act  Perpetuating 

Bill  : 

Brought  tip  and  read,  1978  ;     Committed,  1979  ;     Pas 
sed,  and  Assembly  acquainted,  1985. 
See  LANDS  ;     OBLONG. 

QUORUM  OF  THE  COUNCIL  :     8,  729,  745,  770. 

QUOTA  OF  PARLIAMENTARY  GRANT: 
Quota  of  the  .£200,000  Receiving  Bill: 
Brought  up  and  read,  1383  ;     Committed,  1387  ;     Pas 
sed,  1389 ;     Enacted,  1398. 

See  PARLIAMENT. 


R. 

RAM,  JOHN  :     Naturalized,  1583. 

RANDOLPH,  EDWARD  :     Member  of  Council,  xxiv. 

RANGEKS  :     An  act  passed  to  employ,  970. 

See  MILITARY. 
!  RANOLD,  DANIEL  :     1246. 
:  RAXSLAER  :     See  VAN  RENSSELAER. 

!  RAPALJE,  JOHN:  Member  of  Assembly,  1662,  1702,  1729, 
1734,  1781,  1782,  1811,  1817,  182^,  1833,  1S45,  1859, 
1808,  1876,  1914,  1915,  1929,  1931,  1932,  1936,  194(3, 
1957,  1958. 

RATES  :     See  TAXES. 

;  RAYNER,  JOHN  :  Attorney-general,  petitions  to  be  heard 
against  the  Fee  bill,  282. 

READE,  JOHN  :     Member  of  Assembly,  389. 
RISADE,  JOSEPH  :     Member  of  Council,  1539-178S. 
READE,  LAWRENCE  :     81,  93. 

REASONS : 

Against  passing  a  bill  for  raising  120  men  and  .£2,593  6.  8, 
91  ;  In  favor  of  passing  the  same,  92. 

Against  passing  the  bill  entitled  an  act  for  the  confirma 
tion  of  a  certain  agreement  made  by  Swartwout  &  Co., 
and  Aertsen  &  Co.,  164.  See  SWARTWOUT. 

For  prosecuting  Thomas  Willet,  John  Tolnian  and  Wil 
liam  Willet,  169. 

For  the  Council  making  amendments  to  money  bills,  328. 

Why  the  Assembly  cannot  admit  any  amendments  by 
the  Council  to  money  bills,  329. 


INDEX. 


2059 


REASONS :  —  Continued. 

Why  the  Assembly  cannot  agree  to  certain  amendments 
made  by  the  Council  to  the  bill  for  butter  regulating 
the  militia,  834. 

In  support  of  certain  amendments  made  by  the  Council 
to  the  bill  for  regulating  the  militia,  835. 

To  be  offered  at  a  conference  with  tin;  Assembly  in  regard 
to  some  mistakes  ill  the  votes  of  that  House,  872. 

Offered  by  Mr.  Rutherford  against  passing  the  bill  for 
raising  £13,000,  &c.,  923. 

Of  the  Council  in  favor  of  passing  the  same,  92-1. 

Of  Mr.  Smith  for  dissenting  to  the  bill  for  the  easier  col 
lection  of  quit-rents,  111)9. 

Of  Mr.  Alexander  against  2d  reading  of  the  bill  for  the 
sale  of  part  of  the  undivided  lands  of  Minissinck  and 
Wawayanda,  1205. 

Of  Messrs.  Golden,  Alexander  and  Smith  for  dissenting 
to  the  bill  for  paying  the  debts  of  the  colony,  1243. 

Of  Mr.  Alexander  against  the  3d  reading  of  the  Minis 
sinck  and  Wawayanda  bill,  1249. 

Of  Mr.  Kennedy  for  dissenting  to  the  bill  for  raising  men 
for  the  expedition  against  Crown  Point,  1254. 

Of  the  lawyers  against  the  live  pound  bill,  1323. 

Of  William  Smith  for  dissenting  to  the  five  pound  bill, 
1328. 

Of  Mr.  Smith  against  passing  the  bill  for  the  regulation 
of  seamen  in  the  merchants'  service,  1420. 

Of  Mr.  Smith  for  dissenting  to  the  bill  to  regulate  elec 
tions  for  representatives  in  general  Assembly  lor  the 
city  and  county  of  Albany,  1981. 

RECEIVER  GENERAL : 

Charges  against  Thomas  Byerley  as,  251 ;     Ho  is  superse 
ded,  and  colonel  de  Peyster  appointed,  253;     Mr.  Fau- 
conier  commissioner  for  executing  the  office  of,   260 ; 
allowed  a  salary  out  of  the  quit-rents,  768. 
See  KENNEDY,  ARCHIBALD. 

RECORDS: 

An  act  passed  to  admit  in  evidence  an  ancient  record, 
1932. 

See  DCICII. 

REDICKEU,  HENRY  :     Naturalized,  1682. 

REDKNAP,  Captain  :  Appointed  engineer  at  New  York,  242; 
Visits  Albany,  '247;  To  accompany  the  expedition  against 
Canada,  279. 

REGISTRY  :     See  DEEDS  ;     MORTGAGES. 

REMONSTRANCE  :  Published  by  the  Assembly,  governor 
Clinton's  comments  on,  1000. 

REMERSE,  JOUAN  :     Naturalized,  476. 
REMSEN,   HENDRICK  :     955. 
RENEAW,  ANDREW:     581. 
RENEAW,  MARY  :     Naturalized,  581. 
RENSLAER  :     See  VAN  RENSELAER. 
RENSELAERSWYCK  MANOR : 

A  burgess  to  be  elected  for,  1  ;  Andries  Donw,  represent 
ative  for,  205. 

Charges  Defraying  Bill  : 
Brought  up  and  read,  227  ;    Passed,  228  ;    Enacted,  234. 

Necessary  Charge  Bill  : 

Brought  up,  read  and  committed,  244;     Passed,    244; 
Assembly  acquainted,  245  ;     Enacted,  245. 

Assessors,  Collectors  and  other  Officers  Election  Bill: 

Brought  up  and  read,  1690;  Committed,  1691;  Passed, 

and  Assembly  acquainted,  1993  ;     Enacted.  1708. 
Amended,  1751. 

Accidents  by  Fire  Prevention  Bill. 

Brought  up  and  read,  1723  ;    Committed,  1730  ;    Passed, 

and  Assembly  acquainted,  1732;     Enacted,  1751. 
Revived,  1992. 

Additional  District  Officers  Election  Bill: 
.Brought  up  and  rsad,  1949  ;     Committed,  1952  ;     Re 
ported  without  amendment,  1960;  Passed, and  Assem 
bly  acquainted,  19C4  ;     Enacted,  1992. 
When  it  acquired  the  right  of  sending  a  member  to  the 
Assembly,  1981. 

RENTS.     Sea  LANDS. 


REPLEVIN  : 

Rep'eiin  Seizures  against  Plea  of  Title  Prevention  Bill: 
Brought  up  and  read,  1735  ;  Committed,  1736  ;  Amend 
ed,  1749;     Sent   for   concurrence   to   the  Assembly, 
1750;    Agreed  to  by  that  House,  1750;    Title  changed 
as  follows : 

Replevin  ll'rits  Abuse  Prevention  Bill  : 
Brought  up  and  enacted,  1750. 

REPORT : 

Of  the  commissioners  of  the  province  of  New  York,  Mas 
sachusetts  bay  and  Connecticut,  recommending  an  expe 
dition  against  Crown  Point,  984. 

REPRESENTATION  : 

Respecting  Samuel  Milford,  agreed  to  and  sent  to  the 
Assembly,  430. 

Of  the  Assembly  on  the  certain  acts  to  which  the  Lords  of 
Trade  make  objections,  433. 

Of  C:idwallader  Golden,  surveyor-general,  on  the  bill  for 
facilitating  the  partition  of  lands,  473. 

Of  the  Council  in  answer  to  resolutions  of  the  Assembly 
on  the  court  of  chancery,  568. 

Concerning  the  minutes  taken  by  a  committee  of  the 
Council  on  the  grievances  complained  of  by  the  Assem 
bly  in  regard  to  the  court  of  chancery,  578. 

On  the  act  of  Parliament  in  i elation  to  the  sugar  colonies, 
605. 

To  the  lords  of  the  treasury,  to  obtain  an  act  of  Parlia 
ment  for  the  importation  of  European  salt,  a  joint  com 
mittee  appointed  to  prepare,  584 ;  Signed  and  sent  to 
the  Assembly,  589. 

Containing  the  Council's  reasons  for  rejecting  the  £10,000 
bills  of  credit  bill,  ordered  to  be  drawn  up,  915; 
Signed,  915  ;  The  representation,  916. 

Of  the  Council  and  Assembly  to  the  governor,  on  the 
state  of  Indian  affairs,  agreed  to,  1121 ;  The  repre 
sentation,  1122;  The  answer,  1122. 

Of  the  Council  to  the  lieutenant-governor,  on  the  refusal 
of  the  Assembly  to  consent  to  a  conference  on  the  bill 
to  apply  several  sums  of  money  to  the  uses  of  the 
colony,  1153;  The  answer,  1153. 

Setting  forth  the  necessity  of  passing  a  bill  to  continue 
the  currency  of  bills  of  credit,  a  joint  committee  pro 
posed  to  draw  up,  1286;  The  Assembly  concur,  1287; 
the  representation,  1288. 

Touching  the  expense  incurred  by  the  colony  for  the 
support  of  the  war,  a  joint  committee  appointed  to  pre 
pare,  1348  ;  The  representation,  1353. 

To  the  king  on  the  state  of  the  colony  voted  by  the 
Assembly,  which  is  in  consequence  dissolved,  1683. 

See  ADDRESSES. 

REPRESENTATIVE  FORM  OF  GOVERNMENT  :     Early  demand  for, 
iii. 

REPRESENTATIVES  :     See  MEMBERS. 
REVENUE : 

Customs  Act  : 
For  New  York  framed  in  England,  viii. 

Government  Chai ges  Defraying  Act  :     Passed,  xii. 

An  act  passed  explaining  it,  xiii. 
Trade  and  Navigation  Encouragement  Act : 

Passed,  xiii. 

Revenue  Evidence  Bill  : 
Disagreed  to  by  the  Assembly,  xv. 
Again  introduced,  xvii;     Enacted,  xviii. 

Revenue  Continuance  Bill  : 
Ordered  to  be  drawn  up,  xvii ;     Enacted,  xviii. 

Halfpenny  in  the  Pound  Bill  : 

Ordered  to  be  prepared,  xix  ;     Read,  and  enacted,  xix. 

Halfpenny  in  the  Pound  Bill  : 

Again  introduced,  and  enacted,  XT. 
Penny  in  the  Pound  Bill  : 

Introduced,  and  enacted,  xx. 
Rum  Tax :     Continued,  xxi. 

£2,556  Tax  Bill  : 

Ordered  to  be  prepared,  xxi ;     Enacted,   xxii ;     Sus 
pended,  xxiii. 
Revived,  xxiv. 


2060 


INDEX. 


REVENUE  :  —  Continued. 

Three  Pence  in  the  Pound  Bill :     Enacted,  xxv. 

Redacted,  xxv. 
Revenue  Continuation  Bill  : 

Brought  up,  2  ;  A  memorial  relating  to,  laid  before 
the  Council,  8  ;  Amended,  9  ;  Enacted,  10. 

Revenue  Establishment  Bill: 

Brought  up,  read  and  amended,  9  ;  Sent  for  concur 
rence  to  the  Assembly,  9  ;  Enacted,  9. 

Joint  committee  appointed  to  examine  into  the  state  of 
the,  17,  38  ;  Their  report,  18  ;  Voted  to  king  James 
for  life,  31,  42;  Granted  for  two  years,  33;  A  per 
manent,  demanded,  42 ;  Conference  in  consequence, 
44;  Objections  to  granting  it  for  the  life  of  the  king, 
45  ;  Voted  for  five  years,  47 ;  Amount  of  the  revenue, 
209 ;  Plan  to  prevent  future  misapplications  of  the 
it-venue,  343;  Revenue  from  tonnage  and  negroes 
from,  1714  to  1724,  amount  of,  520;  A  large  defi 
ciency  in  the  revenue,  653  ;  A  general  account  of  the 
revenue  laid  before  the  Council,  671;  For  one  year, 
713;  Asked  for  a  term  of  years,  724;  Revenue  voted 
for  five  years  until  1743,  and  then  annually,  1022; 
Governor  Clinton  informs  the  Assembly  that  he  will  not 
give  his  assent  to  annual  bills,  1023  ;  The  Legislature 
called  on  to  provide  a  permanent  revenue,  1223,  1271. 

Government  Debts  Paying  Bill  : 

Brought  up,  read  and  amended,  33  ;  Sent  for  concur 
rence  to  the  Assembly,  33  ;  Enacted,  34. 

Penny  in  the  Pound  Bill  : 

Brought  up  and  passed,  33 ;     Enacted,  34. 
Weigh-house  Rates  and  Duties  Bill: 
A  joint  committee  appointed  to  prepare,  38 ;     Read,  38  ; 
Amended,  and  sent  for  concurrence  to  the  Assembly, 
39  ;     Agreed  to  by  that  House,  and  enacted,  39. 

Revenue  Bill : 

Brought  up,  read,  and  a  committee  of  conference  re 
quested,  28  ;  The  Assembly  decline,  29  ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  29  ;  Con 
ference  requested,  30  ;  Appointed,  31 ;  Proceedings 
thereof,  31  ;  Enacted,  34. 

Revenue  Act  Confirmation  and  Continuation  Bill  : 
Brought  up  and  read,  44 ;  Amended,  and  sent  for  con 
currence  to  the  Assembly,  44  ;  Conference  thereon, 
44;  Disagreed  to  by  that  House,  47;  Title  amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  47; 
Agreed  to  by  that  House,  47  ;  Enacted,  48. 

Additional  Duty  Continuation  Bill  : 

Brought  up,  read  and  enacted,  56. 
Additional  Duty  Continuation  Bill: 

Brought  up,  read  and  enacted,  66. 
Additional  Duty  Continuation  Bill : 

Brought  up  and  read,  93;  Enacted,  94;  Its  ob- 
Jeot,  94. 

Revenue  Bill  : 

Brought  up,  read,  and  committed  to  a  committee  of  the 
whole,  132;  Amended,  132;  A  committee  of  con 
ference  thereon,  133;  Their  report,  134;  Message 
from  the  Council  in  regard  to,  138 ;  Passed,  141  ; 
Enacted,  143 ;  Recommended  to  be  amended,  158. 

Additional  Duty  Bill  : 

Brought  up,  135  ;  Passed,  136  ;  Enacted,  143;  Rec 
ommended  to  be  continued,  158  ;  Expired,  208. 

Additional  Duty  Bill  : 

Brought  up  and  read,  168  ;  Passed,  and  Assembly  ac-  j 
quainted,  170;  Enacted,  171. 

Revenue  Continuation  Bill: 
Brought  up  and  enacted,  174. 
Again  enacted,  Ib9. 

Duty  on  Goods  up  the  Hudson  River  Removal  Bill  : 

Brought  up  and  read,  192;  Committed,  198  ;  Con 
ference,  201 ;  Amendments  disagreed  to,  204. 

Import  Duly  Bill  : 

Presented  by  the  attorney-general  and  read,  227;  Com 
mitted,  228 ;  Read  3d  time  and  sent  for  concurrence 
to  the  Assembly,  229. 


REVENUE :  —  Continued. 

Hevenue  Arrears  Paying  Bill : 

Brought  up  and  read,  343  ;  Committed,  344  ;  Amen 
ded,  and  sent  for  concurrence  to  the  Assembly,  345  ; 
Message  sent  to  the  Assembly  to  remind  them  thereof, 
346;  Agreed  to  by  that  House,  347;  Enacted, 
353. 

Support  of  Government  Bill : 

Brought  up  and  read,  351  ;  Motion  for  2d  reading, 
rejected,  351. 

Support  of  Government  Bill  : 

Brought  up,  read  and  committed,  359 ;  Passrd,  and 
Assembly  acquainted,  360  ;  Enacted,  361. 

Revenue  Bill  : 

Brought  up.  read  and  committed,  371;  Protest 
entered  against,  371 ;  Passed,  and  Assembly  ac 
quainted,  372 ;  Enacted,  373. 

Revenue  Act  Explanatory  Bill: 
Brought  up,  380 ;     Read,  381. 

Support  of  Government  Bill : 

Brought  up,  passed  and  enacted,  374. 

Support  of  Government  Bill  : 

Brought  up  and  enacted,  390  ;  Objections  of  the  lords 
of  trade  to,  431 ;  Representation  of  the  Assembly 
thereon,  433  ;  An  act  passed  to  explain  certain 
clauses  thereof,  438. 

Support  of  Government  Bill : 

Brought  up  and  read,  445  ;  Committed,  445  ;  Amend 
ed  and  amendments  negatived,  446 ;  Passed,  and 
Assembly  acquainted,  446  ;  Enacted,  448;  Repealed 
by  next  bill,  461. 

Support  of  Government  Bill  : 

Brought  up  and  read,  457;  Dissent  entered  against 
certain  words  in,  457 ;  Committed,  458  ;  Errors 
therein  reported  to  the  Assembly,  458  ;  Message  of 
the  Assembly  in  answer,  459  ;  Amended  accordingly, 
459 ;  Passed,  and  Assembly  acquainted,  460  ;  En 
acted,  461 ;  Objections  to,  479. 

Two  per  cent  Import  Duty  Bill: 

Brought  up,  read  and  committed,  458;  Passed,  and 
Assembly  acquainted,  459  ;  Enacted,  461 ;  The 
governor  informs  the  Legislature  that  it  will  not  be 
confirmed,  479  ;  Order  in  Council  disallowing,  516. 

Arrears  Recovery  Bill  : 

Brought  up  and  read,  471  ;  Committed,  471 ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  472 ; 
Disagreed  to  by  that  House,  474  ;  Council  adhere 
and  Assembly  acquainted,  474  ;  A  free  conference  re 
quested,  which  Council  refuse,  474. 

Support  of  Government  Act  Amendment  Bill : 

Brought  up,  read  and  committed,  480  ;  Passed,  and 
Assembly  acquainted,  481 ;  Enacted,  481. 

Duties  Arrears  Collection  Bill  : 

Brought  up,  read  and  committed,  485  ;  Amended, 
4S5  ;  Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  48(i  ;  Enacted  486. 

Deficiency  Bill  : 

ISi-ought  up  and  read,  "ill;  Passed,  and  Assembly 
acquainted,  512;  Enacted,  517. 

Support  of  Government  Bill  : 

Brought  up,  read  and  committed,  528  ;  Passed,  and 
Assembly  acquainted,  530;  Enacted,  536  ;  Repealed, 
572. 

Duties  Imposition  and  Indian  Trade  Regulation  Bill: 
Brought  up  and  read,  534  ;      Committed  and  amended, 
535  ;  Passed,  and  sent  for  concurrence  to  the  Assem 
bly,  535  ;     Enacted,  536;     Disallowed,  591. 

Duties    Imposition    and    Indian    Trade    Regulation   Act 
Explanatory  and  Enforcing  Bill  : 

Brought  up,  read  and  committed,  547 ;  Amended, 
passed,  and  sent  for  concurrence  to  the  Assembly, 
548  ;  Disagreed  to  by  that  House,  549  ;  Council 
recede,  bill  passed  and  Assembly  acquainted,  549  ; 
Protest  entered,  549  ;  Enacted,  550;  Disallowed, 
591. 


INDEX. 


2061 


REVENUE:—  Continued. 

Support  of  Got'crnment  Bill  : 

Brought  up,  passed,  and  Assembly  acquainted,  567; 
Enacted,  572. 

Support  of  Government  Act  Explanatory  Bill  : 

Brought  up,  road  and  committed,  608  ;  Passed,  and 
tlis  Assembly  acquainted,  609  ;  Enacted,  612. 

Support  of  Government  Bill  : 

Brought  up  and  read,  622;  Committed,  623;  Passed, 
and  Assembly  acquainted,  624;  Enacted,  625. 

Duty  on  Goods  and  Tax  on  Slaves  Bill: 

Brought  up,  read  and  committed,  646;     Report,  647;  j 
read  3d  time,  648  ;     Passed,  and  Assembly  acquaint 
ed,  649  ;     Enacted,  650. 

Part  of,  repealed,  766. 

Support  of  Government  for  One  Year  Bill: 

Brought  up,  read  and  committed,  709 ;  Ordered  3d 
reading,  709 ;  Passed,  and  Assembly  acquainted, 
710  ;  Enacted,  713. 

Support  of  Government  Act  Revival  Bill: 

Brought  up,  read  and  committed,  729  ;  Passed,  and 
Assembly  acquainted,  730  ;  Enacted,  730. 

Further  Support  of  the  Government  Bill: 

Brought  up  and  read,  738  ;  Erasures  and  additions, 
739;  Committed,  739;  Report,  740;  Passed,  and 
Assembly  acquainted,  741 ;  Enacted,  749  ; 

Support  of  Government  Bill: 

Brought  up,  read  and  committed,  765  ;     Passed,  765  ; 

Assembly  acquainted,  766  ;     Enacted,  766. 
Continued,  785. 

Further  continued,  808,  827,  874,  904,  959,  991,  1029, 
1093. 

Support  of  Government  Acts  Revival  Bill : 

Enacted,  1048. 
Support  of  Government  Acts  Continuation  Bill : 

Enacted,  1093, 1107. 
Support  of  Government  Acts  Continuation  Bill : 

Brought  up,  read  and  committed,  1131;  Report,  1133  ; 
Motion  for  3d  reading  negatived,  113:5;  Motion  to 
recommit  negatived,  and  bill  rejected,  1133;  The 
Assembly  inquire  what  progress  has  been  made  in 
the  bill,  1134;  Answer,  1134. 

Import  Duties  Hill  : 

Brought  up  and  read,  1140  ;  Committed,  1141  ;  Re 
ported,  1142;  Passed,  and  Assembly  acquainted, 
1143;  Mr.  Kennedy  dissents,  1143;  Enacted,  1145. 

Continued,  1181,  1230,  12S9,  1317,  1355,  1391,  1422, 
1461,1501,1523,1559,1582,  1613,  1637,  1681,  1724, 
1762,  1808, 1872,  1909,  1951. 

£30,000  Deficiency  Bill: 

Brought  up  and  read,  1402  ;  Passed,  1403  ;  Assembly 
acquainted,  1404;  Enacted,  1406. 

Outstanding  Duties  Recovery  Bill : 

Brought  up  and  read,  1731;  Committed,  1734;  Pas 
sed,  1735  ;  Assembly  acquainted,  1736 ;  Enacted, 
1750. 

Unpaid  Duties  More  Effectual  Recovery  Bill : 
Brought  up  and  road,  1782;     Committed,  1783  ;     Pas 
sed,  and  Assembly  acquainted,  1785  ;     Enacted,  1789. 

Auction  Duty  Bill: 

Brought  up  and  committed,  305  ;     Amended,  and  sent 

for  concurrence  to  the  Assembly,  306  ;     A  committee 

of  conference  requested,  307. 
Again  brought  up  and  read,    362;     Passed,    and   sont 

back  to  the  Assembly,  363  ;     Enacted,  366. 

Auction  Duty  Continuing  Bill : 

Brought  up,  read  and  committed,  377;  Amended,  and 
sent  for  concurrence  to  thu  Assembly,  378. 

Auction  Duty  Bill: 

Brought  up,  read  and  enacted,  390. 

Reeuacted.  407. 

Revived,  448. 

Continued,  462. 

Duty  imposed  by  another  act,  766. 


REVENUE  :  —  Continued. 

Auctions  Duty  Bill  : 

Brought  up  and  read,  1552;  Read  2d  time,  1555; 
Motion  to  commit,  negatived,  and  bill  rejected,  1555  ; 
The  Assembly  inquire  what  progress  has  been  made 
in  the  bill,  and  are  informed,  1558. 

Auction  Duty  Bill: 

Again  brought  up  and  read,  1594  ;  Committed,  passed, 
and  Assembly  acquainted,  1595. 

Casks  Duty  Bill  : 

Brought  up  and  read,  444;     Committed,  445  ;     Assem 
bly  acquainted,  446  ;     Enacted,  448. 
Reenacted,  571,  645,  874. 

Excise  Duty  Bill  : 

Brought  up  and  read,  1877  ;  Committed,  1878  ;  En 
acted,  1893. 

Light-House  Duty  Bill  : 

Brought  up  and  read,  1523  ;  Committed,  1525  ;  En 
acted,  1530. 

Continued,  1582,  1613,  1637,  1822. 
Amended  and  further  continued,  1681. 

Powder  Duty  : 

The  Legislature  called  on  to  pass  a  law  for  the  collection 
of  a  1810. 

Suffolk  County  Duties  Collection  Bill  : 

Brought  up,  read  and  committed,  468 ;  Passed,  and 
Assembly  acquainted,  469  ;  Enacted,  475. 

Tonnage  and  Slave  Duty  Bill: 
Brought  up,   passed,   and  Assembly  acquainted,   288; 

Enacted,  288. 
Continued,  303. 

Tonnage  and  Slave  Duty  Act  more  Effectual  Execution 

Bill: 

Brought  up,  and  committed,  315  ;  Passed,  and  Assem 
bly  acquainted,  316  ;  Enacted,  317. 

Tonnage  and  Slave  Further  Duty  Bill: 

Brought  up  and  read,  323 ;  Parties  heard  against,  324; 
Amended,  and  sent  for  concurrence  to  the  Assembly, 
325  ;  The  Assembly  resolve  not  to  admit  any  amend 
ment  to  a  money  bill,  327;  A  committee  appointed 
to  draw  up  reasons  for  the  Council  insisting  on  their 
amendments,  327. 

Again  brought  up  and  read,  339  ;     Committed,  340. 

Again  brought  up,  read  and  committed,  345  ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  346 ; 
Message  sent  to  remind  the  Assembly  of  the  dissent 
entered  against,  346 ;  Amendments  disagreed  to, 
and  conference  requested,  349. 

Tonnage  and  Slave  Duty  Bill  : 

Brought  up,  read  and  committed,  359  ;  Passed,  and 
Assembly  acquainted,  363. 

New  York  Trailers  Duty  Bill  : 

Brought  up,  and  committed,  404 ;  Amended,  amend 
ment  disagreed  to,  and  bill  passed,  404  ;  Enacted, 
405  ;  Objections  in  England  to,  432. 

Tonnage  Duty  Bill : 
Brought  up,  read,  and  committed,  635 ;     Passed,  and 

Assembly  acquainted,  636  ;     Enacted,  637. 
Prolonged,  650. 
Further  continued,  1065,  1391. 
Again  enacted,  1559. 

Tonnage  Act  Explanatory  Bill : 

Brought  up  and  read,  1030;     Committed,  1031. 

DRAWBACKS  : 
Ship  Benjamin  Relief  Bill : 

Brought  up,  and  read,  369  ;  Committed,  passed  and 
Assembly  acquainted,  370  ;  Enacted,  373. 

South  Carolina  Negroes  Exemption  Bill: 

Brought  up,  read  and  committed,  391  ;  Amended,  and 
sent  for  concurreuc  to  the  Assembly,  392  ;  Enacted, 
395. 

South  Carolina  Inhabitants  Relief  Bill : 

Brought  up,  passed,  and  Assembly  acquainted,  394  ; 
Enacted,  395. 


20G2 


INDEX. 


REVENUE :  —  Continued. 

Sloop  Good  Intent  Exemption  Bill : 

Brought  up,  read  and  committed,  407  ;  Amended,  408  ; 
Sent  for  concurrence  to  the  Assembly,  409  ;  Enacted, 
411. 

Pink  Charlotte  Exemption  Bill  : 

Brought  up,  read  and  committed,  409  ;  Passed,  and 
Assembly  acquainted,  410  ;  Enacted.  411. 

Johnston's  Sloop  Clearance  JSill  : 

Brought  up  and  read,  410  ;     Enacted,  411. 

Sloop  Hannah  and  Mary  Exemption  Bill : 

Brought  up  and  read,  411;  Passed,  412;  Assembly 
acquainted,  413  ;  Enacted,  417. 

Snow  Leghorn  Exemption  Bill: 

Brought  up,  passed,  and  Assembly  acquainted,  412 ; 
Enacted,  417. 

Moenes'  Sloop  Exemption  Bill: 

Brought  up  and  committed,  407;  Amended,  and  sent 
for  concurrence  to  the  Assembly,  408  ;  Enacted,  411. 

Sloop  Rarctan  Exemption  Bill : 
Ordered  to  be  brought  in,  501. 

Sloss  Exemption  Bill  : 

Brought  up,  passed,  and  Assembly  acquainted,  385  ; 
Enacted,  395. 

Sloop  Success  Exemption  Bill: 

Brought  up,  read  and  committed,  499  ;  Petitions  to 
include  other  vessels,  499  ;  Report,  500 ;  Read  3d 
time,  and  on  motion  to  pass,  rejected,  501. 

Cocoa  Shippers  Relief  Bill: 

Brought  up,  read  and  committed,  491;  Motion  for  3d 
reading  negatived,  aud  bill  rejected,  492. 

Irish  Vessels  Exemption  Bill  : 
Brought  up  and  read,  1578  ;     Committed,  1579. 
See  EXCISE  ;     OSWEGO  ;     SLAVES  ;     TAXES. 

REWARD  paid  for  heads  of  Frenchmen  and  Indians,  102. 
RHODE  ISLAND: 

Rum  purchased  for  Virginia  in,  46  ;     Assists  in  the  expe 
dition  against  Canada,  279. 
A  congress  at.  291  ;     A  meeting  of  governors  called  at,  326. 

RHUEL,  GUSTAPH  MARTIN  :     Naturalized,  712. 

RICHARD,  PAUL  :     Mayor  of  New  York,   665  ;     Member   of  ; 
Assembly,   823,  830,  832,   834,  837,  842,  851,    853,  855, 
859,  860,  862,  807,  869,  871,  879,  883,  891,  892,  896,  900, 
901,  906,  907,  910,  919,  920,  921,  931,  938,  939,  948,  949,  i 
952,  956,  979,  988,  1010,    1014,    1027,  1049,  1050,  1U61,  i 
1071,    1072,    1073,    1076,    1077,  1080,  1086,  1102,    1103, 
1121,    1131,   1133,   1136,    1142,  1143,  1144,  1150,    1157, 
Ilti9,   1173,    1174,    1175,   1179,  1185,  1187,  1192,    1193, 
1203,    1206,    1216,    1218,    1241,  1266,   1268. 

RICHARDS,  SAMDEL:     Naturalized,  430. 
RICHERR,  JOHX  MICHAEL  :     Naturalized,  1708. 

RICHMOND  COUNTY  : 

Petition  presented  from,  28 ;  Bill  introduced  to  tax 
unimproved  lands  in,  161  ;  V/ulter  Dongan  gives 
notice  of  his  intention  to  apply  to  the  Legislature  for 
power  to  sell  certain  lands  in,  529. 

Tax  Arrears  Collection  Bill : 

Brought  up  and  read,  369  ;  Passed,  and  Assembly 
acquainted,  370;  Enacted,  373. 

Annual  Rate  Collection  Bill : 

Brought  up  and  read,  511;  Passed,  and  Assembly 
acquainted,  512;  Enacted,  518. 

Jail  Erection  £ill  : 

Brought  up  and  read,  194 ;  Committed,  199  ;  Amend 
ed  and  sent  for  concurrence  to  the  Assembly,  201. 

County  House  and  Jail  Erection  Bill : 
Brought   up   and   read,   576;     Passed,    and   Assembly 
acquainted,  577;     Enacted,  581. 

Court  Haute  Comp'ction  BUI  : 

Brought  up  aud  read,  780  ;  Committed,  781  ;  Passed 
and  Assembly  acquainted,  783 ;  Enacted,  78G. 


RICHMOND  COUNTY :  —  Continued. 
Jai'or's  House  Bui  ding  Bi'l : 

Brought  up,  1077;  Read  and  committed,  1078;  Or 
dered  3d  reading,  1079  ;  Parsed,  and  Assembly 
acquainted,  108'J;  Enacted,  1093. 

Jai!  Repairing  or  Building  Jiill : 

Brought  up  and  read,  1644;  Committed,  1645; 
Passed,  1646;  Enacted,  1651. 

Constables  Election  Bill  : 

Brought  up  and  read,  1174;  Committed,  1175; 
R.-ported,  1177;  Enacted,  1181. 

Constables  Choosing,  and  Town    Officers  Place  of  Election 

Bill  : 
Enacted,  164C. 

Precincts  Confirmation  Hill :      Read  and  committed,  585. 
General  Sessions  and  Common  Pleas  Confirmation  Bill  : 
Brought  up  and  read,  1105;  Committed,  1106;  Passed, 
and  Assembly  acquainted,  1107  ;     Enacted,  1107. 

£200  Tax  Levy  Bill: 

Brought  up  and  read,  1373. 

Vestrymen  and    Churchwardens   Time  of  Election  Alter 
ation  Bill : 

Brought  up  and  read,  866  ;  Amended,  867  ;  Passed, 
and  Assembly  acquainted,  868;  Enacted,  874. 

See  DOGS  ;    DUSOCHAUY  ;     HIGHWAYS  ;    LANDS  ;    LOTTERIES  ; 
STATES  ISLAND  ;     SWINE  ;     TAXATION  ;     WILLS. 

RIEGELEU,  LEONART  :     Naturalized,  959. 
RIGHTMIER,  COENRADT  :     Naturalized,  634. 

RIGHTS  AND  PRIVILEGES: 

Charter  of  Liberties  :     Enacted,  xii ;     Vetoed,  xii. 
Peoples  Rights  and  Privileges  Declaratory  Bill  : 

Brought  up  and  read,  7  ;  Amended,  and  sent  for  con 
currence  to  the  Assembly,  8  ;  Enacted,  9  ;  Published 
10. 

The  Assembly  called  on  to  state  what  are  their  rights,  215  ; 
Designate  what  they  consider  their  rights,  217,  326. 

Ease  of  Her  Majesty's  Subjects  Jiill : 

Brought  up  and  read,  301 ;     Rejected,  304. 


[This  bill  provided  that  Coroners  should  be  elected  by  the  Freehold- 


RI.NDERS,  Mr.  :     324. 

RIXGLAND,  JOHN  CHRISTIAN  :     Naturalized,  1652. 

RIOTS  : 

Tumultuous  Assemblies  Prevention  and  Rioters  Speedier 
Punishment  Bill : 

Brought  up  and  read,  1923  ;     Committed,  1925  ;     En 
acted,  1927. 

See  LIVINGSTON  MANOR. 
RITZEMA,  RUDOLPHUS :     Naturalized,  1596. 
RIVERA,  AIIRAUAM  RODRIGOS  :     Naturalized,  536. 
ROADS  :     See  HIGHWAYS. 
ROBERT,  CHRISTOPHER  :     413. 
ROBERT,  DANIEL  :     413. 
Robert  Investing  Bill : 

Brought  up  and  read,  413  ;     Amended  and  sent  for  con 
currence  to  the  Assembly,  418 ;     Enacted,  423. 

ROBERTS,  Colonel:      963;     Inquiry  respecting  certain  pro 
ceedings  of,  974. 

ROBINSON,  BARNS  :     Naturalized,  1065. 
ROBINSON,  BEVERLY  :     Order  to,  1315. 

ROBINSON,  JOHN  :     Member  of  Assembly,  5,  14,  21,  22,  27, 
31,  33,  37. 

ROBINSON,   Sir  THOMAS:     Secretary  of  state,  a  letter  from, 
communicated  to  the  council,  1172,  1182. 

Robinson  Trust  Deed  Vacating  Bill: 
Brought  up,  read  and  enacted,  99. 


INDEX. 


2063 


ROCKAWAY:     Orders  in  a  suit  against  parties  for  fishing  on  :  SANTEN,  LUCAS:     Member  of  Council,  xi. 
the  beach  at,  281. 


RODMAN'S  NECK  :     See  WESTCHESTER. 
RODRIGUES,  ISAACK:     Naturalized,  501,  506. 
ROELOFSEN,  JACOB  BOELEN  :     1142. 
ROETERS,  ABRAHAM  :     Naturalized,  501,  506. 
ROGGEN,  FRAXS  PETKUS  :     Naturalized,  1560. 
ROGGEX,  JOUAN  JACOB  :     Naturalized,  1560. 

ROMISH  RELIGION  :  Liberty  of  conscience  not  to  extend  to 
persons  of  the,  8. 

See  CATHOLICS. 

ROOME,  WILLIAM  :  Member  of  Assembly,  G65,  737,  747, 
749,  758,  762,  780,  782,  789,  805. 

ROOKBAGH,  JOHANNES  :     Naturalized,  536. 

ROOSEVELT,  JOHANNTS:     Naturalized,  1560. 

ROTUBURNE,  THOMAS  :     127,  134. 

ROWLAND,  JONATHAN  :     746. 

RUBELL,  JOHANNES  CASPARUS :     Naturalized,  3583. 

RULES  AND  ORDERS: 

Standing  of  the  Council,   xxix ;     In  regard  to  amended 
bills,    505 ;     To  be  entered   apart  for   reference,    673 : 
Before  the  2d  reading  of  private  bills,  685  ;     Respect-  t 
fees  of  the  speaker  on  naturalization  bills,  708;     Era-  i 
sures  and  interlineations  in  bills  to  be  e  .tered  in  the  ! 
journal,  737. 

RUM  :     Its  distillation  considered  one  of  the  causes  of  the 
public  sickness,  190. 

See  NEW  YORK. 

RCPERT,  GEORGE:     Naturalized,  1751. 
RUSSEL,  ensign  GEORGE  :     27. 
RUSSEL,  WILLIAM:     Naturalized,  1614. 

RUTGERS,  ANTHONY:  499;  Member  of  Assembly,  541,  547, 
558,  564,  5U5,  574,  583,  594,  595,  608,  609,  621,  622,  628, 
646,  653,  665,  670 

RUTGERS,  HARMANUS:     883. 

RUTGERSON,  Mr.  :     44. 

RUTHERFORD,  JOHN  :     Member  of  Council,  875-1230,  1268- 


RCTSEN,  JACOB:     Member  of  Assembly,  68,   124,  126,  131,1 
134,  136,  148,  152,  154,  164,  172,  364,  305.  372,  400,  424, 
436,  437,  438,  441,  452,  4f>3,  465,  482,  489  ;     Ordered  to 
send  the  Minisink  Indians  to  Albany,  279. 
See  ULSTER  COUNTY. 

RYSDICK,  ISAAC  :     Naturalized,  1596. 

.  s. 

SABBATH  :     Sue  SUNDAY. 

SACKETT,  JOHN  :     638. 

SACKETT,  RICHARD  :     638. 

SACOJIBILL,  Louis  :     Naturalized,  536. 

ST.  CHRISTOPHERS  :   The  French  commit  depredations  at,  237. 

ST.  JOHN,  JOHN  HECTOR  :     Naturalized,  1583. 

SALARIES : 

Of  the  civil  officers  of  the  government,  a  list  of,  sent  to 
the  Assembly,  209  ;     Of  the  governor,  302,  1129. 

See  APPROPRIATIONS. 
SALSHEKGH,  MICHAEL:     Naturalized,  1682. 

SALT: 

The   Legislature   apply  for  an   Act  of  Parliament  for  the 
importation  of  European,  589. 

SALTONSTALL,  Governor  :     280,  326,  331,  499. 
SAMLER,  JOHN  :     Naturalized,  1708. 

SANDY  HOOK  :     Trespasses  committed  on,  actionable  in  New 
York,  1477. 

See  PILOTS. 


SARACHTOGA  :  Settlements  recommended  to  be  founded 
north  of,  726  ;  A  military  detachment  sent  to,  847,  920  ; 
Fort  at,  rebuilt,  905  ;  District  altered,  1991. 

SAXE,  MICHAEL:     Naturalized,  1560. 

SCALPING : 

Scalps  Reward  Bill : 
Brought  up  and  read,  909  ;     Committed,  910  ;     Passed, 

and  Assembly  acquainted,  912  ;     Enacted,  917. 
People  scalped  between  Albany  and  Schenectady,  974. 
SCUACK,  JuniAN  HANSEN  :     Naturalized,  904. 
SCHALTZ,  JACHEN  CHRISTIAN  :     Naturalized,  1708. 
SCHELL,  CHRISTIAN  :     Naturalized,  1560. 
SCHELL,  JOHANNES  :     Naturalized,  1560. 

SCHENCK,  ABRAHAM  :  Member  of  Assembly,  1373,  1383, 
1412, 1434,  1458,  1497,  1546, 1558,  1569,  1574,  1590,  1601, 
1606,1626,1640,1642,1644. 

SCHENECTADY : 

Reinforced,  18  ;  A  fort  required  at,  26  ;  Reverend  Mr. 
Tuschemaker  killed  at,  28  ;  Garrison  of,  recommended 
to  be  increased,  208  ;  A  fire  at,  242. 

Town  Guards  Firewood  and  Guard-house  Repairs  Bill  : 
Brought  up,   read  and  committed.   244 ;     Passed,  and 
Assembly  acquainted,  245  ;     Enacted,  245. 

Block-houses  and  Platforms  Repairs  Bill: 

Brought  up,  303  ;  Enacted,  309. 
Fortifications  of,  repairing,  323,  348. 
An  act  passed  to  pay  its  representative,  417,  430. 

Stocks  and  Pounds  Building  Bill  : 

Brought  up,  532;  Read,  533  ;  Committed,  533  ;  Passed, 
and  Assembly  acquainted,  534  ;  Enacted,  536. 

Streets  and  Highways  Regulation  and  Fire  Prevention  Bill : 

Brought  up,  read  and  committed,  542  ;  Amended, 
passed,  and  sent  for  concurrence  to  the  Assembly, 
543 ;  Agreed  to  by  that  House,  544 ;  Enacted, 
550. 

Continued,  590. 

Revived,  750,  1065,  1406,  1724. 

Amended,  1937. 
A  new  fort  recommended  to  be  built  at,  631  ;     An  act 

passed  accordingly,  637. 

Old  Church  Fortifying  Bill  : 

Brought  up,  read  and  committed,  641  ;  Passed,  and 
Assembly  acquainted,  643;  Enacted,  645. 

Part  of  Old  Church  Fortifying  Act  Enforcement  Bill  : 
Brought  up  and  read,    066;     Committed,    668;      Re 
port,  669  ;     Passed,  and  Assembly  acquainted,  670  ; 
Enacted,  674. 

£32  Tax  Levy  Kill  : 

Brought  up,  741 ;  Read  and  committed,  742  ;  Passed, 
and  Assembly  acquainted,  743;  Enacted,  750. 

Blockhouses  Erection  Bill: 

Brought  up  and  read,  1008  ;  Committed,  1009  ;  Passed, 
and  Assembly  acquainted,  1011  ;  Enacted,  1015. 

Drainage  Bill : 

Brought  up,  read  and  committed,  1135  ;  Passed,  and 
Assembly  acquainted,  1138;  Enacted,  1145. 

Revived,  1406. 
An  act  passed  to  oblige  persons  who   come  and  expose 

goods  for  sale  after  the  annual  assessments  are  made, 

to  contribute  to  the  public  charge,  1248. 

Estates  Confirmation  Bill  : 
Brought  up  and  read,  1401. 
Again  brought  up  and  read,  1421. 
Again  brought  up  and  read,  1470. 

Fire  Eni/inc  Tax  Levy  Biil  : 

Brought  up,  read  and  committed,  1542;  Passed,  and 
Assembly  acquainted,  1545  ;  Unacted,  1560. 

£227  10s.  Fire  Engine  Tax  Levy  Bill:     Enacted,  1C82. 
£242  18».  Sd.  Firt  Engine  Tax  Levy  Bill :     Enacted,  1708. 


2064 


INDEX. 


SCHENECTADY :  —  Continued. 
Night  Watch  and  Firemen's  Bill  : 

Brought  up  and  read,  1717;     Committed,  1719;     Pas 
sed,  and  Assembly  acquainted,  17-0;     Enacted,  1724. 
Amended  and  explained,  1790. 

Fire  Engine  and  Buckets  Purchasing  Bill: 
Brought  up  and  read,  1729;     Committed,  1730;     Pas 
sed,  and  Assembly  acquainted,  1732  ;    Enacted,  1751. 

Watch  House  Repairs  Tax  Jiill :     Enacted,  1790. 

Trespasses  Punishment  Bill : 

Brought  up  and  read,  1777;     Committed,  1777;     Pas 
sed,  and  Assembly  acquainted,  1782;    Enacted,  1790. 
Continued  and  amended,  1867. 
Further  continued,  1872. 

Night  Watch  Establishment  Bill  : 

Brought  up  and  read,  1866;  Committed,  1867;  Pas 
sed,  and  Assembly  acquainted,  1869  ;  Enacted,  1872. 

Carry's  Bush  and  Reformed  Dutch  Church  Lands  Inclusion 

Bill  : 
Brought  up  and  read,  1912  ;     Committed,  1913. 

When  Schenectady  obtained  a  right  to  elect  a  member  of 

Assembly,  1981. 

See  ALBANY  ;     FAIRS  ;     FENCES  ;     FRONTIERS  ;     FORTIFICA 
TIONS  ;     MEMBERS. 

SCHEPMOES,  JOHANNES  :     424. 

SCHERMERHOORN,  RYER  :     Member  of  Assembly,  xxiv;    124, 
125,  132,  142,  149,  154,  158,  160,  168. 

SCHLIEDORN,  HENRY  :     Naturalized,  476. 

SCHOUARIE  :  An  act  passed  lor  altering  the  time  of  the 
meeting  of  the  inhabitants,  1406. 

SCHOOLS ;     SCHOOL-MASTERS : 

Clause   in    the   instructions   to    governors   in  regard   to 
school- masters,  185. 

School-Masters  Licensing  Hill: 

Brought  up,  read  and  committed,  911. 
Public  Schools  Erection  Bill  : 

Recommended  to  be  introduced,  177. 
New  York  Grammar  School  Encouragement  Bill : 

Brought  up,  read  and  committed,  J85  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  186  ;  Disagreed 
to,  and  conference  requested,  186;  Further  amend 
ed,  187;  Enacted,  189. 

New  York  Public  School  Encouragement  Bill  : 

Brought  up,  read  and  committed,  624;  Report,  624; 
Passed,  and  Assembly  acquainted,  625  ;  Enacted,  626. 

New  York  Public  School  Further  Encouragement  Bill  : 
Brought  up  and  read,  703  ;     Committed,  704  ;     Passed, 
and  Assembly  acquainted,  705  ;     Enacted,  712. 

SCHOTLER,  GARRET  :     Naturalized,  1708. 

SCHULEK,  LAWRENCE  :     Naturalized,  1614. 

SCHUYLER,  ABRAHAM  :     279. 

SCHUYLER,  AKENT  :     499. 

SCHUYLER,  BRANDT  :     Member  of  Assembly,  79,  92,  93. 

SCHUYLER,  JEREMIAH  :     643. 

SCBCYLEH,  JOHN:  124,  125,  126;  The  Assembly  recom 
mended  to  provide  for  the  expense  of  his  journey  to  On- 
ondaga,  242;  Sent  to  bring  the  live  nations  to  Albany, 
279  ;  Member  of  Assembly,  340,  348. 

SCHUYLER,  MYNDERT  :     Member  of  Assembly,  197,  205,  206, 
207,  214,  222,  244,  534,  542,  580,  583,  589,  592,  6uO, 
609,  622,  643,  644,  647,  669,  670 ;     An  act  to  discharge, 
404;     Commissioner   of    Indian  affairs,  858. 
SCHUYLEE,  NICHOLAS  :     Member  of  Assembly,  576. 
SCHUYLER,  PETER:     Cost  of  his  expedition  to  Canada,  11  ; 
Member  of  Council,  23,  26.  57,  90,   157,   158,   180,   181, 
182,  189,  192,  193,  194,  19U-204,  207-211,  222,  223,  225- 
229,  235  244,  247-263,  267-274,  276-282,  294,  298-306, 
314,  323-326,  356,  357,  358,  413^417  ;     Letters  from,  laid 
before  the  Council,  55  ;  An  appropriation  for  his  company, 
recommended,  82 ;    Made,   83,  84 ;     His   company   to   be 
paid  off,  92 ;     Commands  the  militia  of  Albany.  102  ;     To 
present  an  address  to  the  Queen,  294  ;     His  petition  re 
ferred  to  the  Assembly,  347  ;     Money  voted  him,  353. 
See  GOVERNO.  s. 


SCHUYLER,  PHILIP  :  Member  of  Assembly,  581,  584,  585,  589, 
001,  608,  627,  633,  646,  654,  664,  667,  685,  706,  729,  741 
780,  798,  799,  802,  803,  824,  843,  851,  853,  859,  861,  879, 
892,  895,  897,  901,  920,  948,  949,  951,  952,  953,  974,  979, 
980,  9»9,  1050,  1052,  1053,  1058,  1061,  1077,  1078,  1662, 
1666,  1675,  1690,  1692,  1695,  1696,  1697,  1698,  1729, 
1737,  1742,  1746,  1806,  1807,  1811,  1833,  1836,  1862, 
1868,  1881,  1948,  1957,  1959,  1978,  1983,  1987. 

SCHUYLER,  Widow  :     A  committee  of  conference  meet  at  the 
house  of,  201. 

Schuyler  and  Cuyler  Obligations  Discharging  Bill  : 

Brought  up  and  read,  643  ;  Committed,  644  ;  Report, 
646 ;  Passed,  and  Assembly  acquainted,  648 ; 
Enacted,  650. 

SCOTT,  JOHN  MORIN  :     1326  ;     Alderman  of  New  York,  1525 

SCUDDER,  THOMAS  :     514. 

SEABALT,  JOHN:     Naturalized,  1751. 

SEAL  :     A  new  provincial,  received,  428. 

SEAMAN,    BENJAMIN  :      Member   of   Assembly,   1288,    1316, 
1334,  1335,  1342,  1348,  1361,  1372,  1381,  1399,  1402,  1412, 


1868,  1874,  1876,  1891,  1925, 1934,  1957,  1968,  1971. 

SEAMAN,    ZEBULOS  :      Member   of   Assembly,  1362,  1421, 

1451,  1454,  ]458,  1468,  1471,    1490,    1495,  1497,  1512, 

1536,  1546,  1550,   1551,   1558,    1568,    1025,  1634,  1642, 

1650,  1661,  1697,  1714,  1731,    1746,   1761,  1767,  1775, 

1781,  1787,  1803,  1833,  1837,    1839.    1841,  1843,  1S48, 

1866,  1883,  1905,  1914,    1926,    1931,    1932,  1933,  1946, 

1957,  1963,  1971,    1978,    1984; 

SEAMAN  ZEBULON  and  ROBERT  :  Authorized  to  assume  the 
name  of  Williams,  1822. 

SEAMEN : 

Seamen  Encouragement  Bill : 

Brought  up,  read  and  amended,  79  ;  Sent  for  con 
currence  to  the  A-sembly,  80  ;  Enacted,  80. 

Seamen  Encouraging  Bill  : 

Brought  up,  read  and  committed,  153 ;      Passed,  154  ; 

Enacted,  155. 
Revived,  290. 

Seamen  Desertion  Prevention  Bill: 

Ordered  to  be  introduced,  278. 
Seamen  Regulation  Bill : 

Brought  up  and  read,  1405 ;  Ordered  2d  reading, 
1406. 

Again  brought  up  and  read,  1415  ;  Committed,  1416  : 
Ordered  3d  reading,  1417;  Passed,  Mr.  Smith  dis 
senting,  1418  ;  His  reasons,  1420  ;  Enacted,  1423. 

SEEEII,  JACOB  :     Naturalized,  1751. 

SEBERING,  (SKABRING,  SEBRAN,  SUEBRINGH  )  CORNELIUS: 
Member  of  Assembly,  103,  125,  142,  158,  167,  174,  202, 
203,  206,  225,  430,  436,  443,  449,  453,  455,  457. 

SEBRING,  JACOB  :     1934,  1936. 

SEEKING,  JOHN  :     1934. 

SEILIE,  JACOB  :     Naturalized,  1560. 

SEIZURES : 

Unlawful  Seizures  and  Forfeitures  Bill  : 
Brought  up  and  read,  44  ;      Declared  prejudicial  to  the 
country  and  laid  aside,  44. 

SELL,  Mr. :     Custom  house  officer,  247. 
SELY.NE,  HENRICUS  :     1142. 
Selynus  Estate  Sale  Hill  : 

Brought  up  and  read,  349  ;  Petition  presented  against 
it,  349 ;  Counsel  heard  and  bill  rejected,  350. 

SERGEANT-AT-ARMS  : 

Benjamin  Phipps  appointed,  3  ;  Richard  Stoaks,  ap 
pointed,  103;  Richard  Floyd  committed  to  the  cus 
tody  of,  121  ;  Ordered  to  discharge  said  Floyd,  123  ; 
Jonathan  Bennet,  Anthony  Blunt  and  Thomas  Roth- 
burne  committed  to  the  custody  of,  127 ;  Ordered  to 
take  Samuel  Burt  and  Ebenezer  Willson  into  custody, 
129  ;  Edward  Cole  appointed,  179. 


INDEX. 


2065 


SERVANTS : 

Fugitive  Servants  Punishment  Act :     Passed,  xiii. 

Importation  of  white  servants  recommended,  with  a  view 
to  uproot  the  evil  of  slavery,  333. 

White  Servants  Regulation  Bill : 

Brought  up,  read  and  committed,  373  ;  Recommitted, 
375  ;  Amended,  and  sent  for  concurrence  to  the 
Assembly,  376. 

White  people  the  truest  riches  and  surest  strength  of  a 

country,  631. 
A   tax   on  slaves  would  tend  to  the  introduction  of  white 

servants,  1308. 

Servants  Regulation  Bill  : 

Brought  up  and  read,  1605  ;  Committed,  1606  ;  Passed, 
1606 ;  Enacted,  1613. 

See  MASTERS. 
SETTLEMENT  ACT  :     See  LIMITATION. 

SETTLEMENTS : 

The  Legislature  recommended  to  consider  a  plan  for 
forming  frontier,  1359  ;  A  joint  committee  appointed 
accordingly,  1361 ;  With  power  to  send  for  persons, 
papers  and  records,  and  to  adjourn  from  day  to  day  and 
to  what  place  they  like,  1362. 

SHARPAS,  WILLIAM  :     665. 
SHARPE,  GEORGE  :     Naturalized,  1751. 
SHF.EKHAM,  CHRISTOPPEL  :     Naturalized,  1682. 
SHELTS,  CHARLES  :     Naturalized,  1065. 
SHEXIGH,  FREDERICK  :     Naturalized,  1583. 

SHEPPARD,  Mr.  :     A  committee  of  conference  to  meet  at  the 
house  of,  202  ;     Mentioned,  251. 

SHERIFFS  : 

Of  Nassau  island,  ordered  prosecuted  for  certain  moneys 

retained  by  them,  109. 
Of  Suffolk  county,  summoned  before  the  Council,  168. 

Sheriffs  Assigning  Bill  : 

Brought  up  and  committed,  291  ;     Passed,  and  Assem 
bly  acquainted,  292 
Again  brought  up  and  read,  322. 

Again  brought  up  and  read,  337  ;  Motion  to  commit 
negatived,  and  bill  laid  on  the  table,  341. 

Sheriffs  Mileage  Fees  Ascertaining  Bill: 

Brought  up  and  read,  1012  ;  Committed,  and  ordered 
3d  reading,  1013  ;  Passed,  and  Assembly  acquaint 
ed,  1014 ;  Enacted,  1015. 

Sheriffs  Mileage  Fees  Ascertaining  Bill : 

Brought  up  and  read,  1885 ;  Committed,  1887 ;  Passed, 
and  Assembly  acquainted,  1889  ;  Enacted,  1894. 

Sheriffs  Regulation  and  Prisoners  Better  Security  Bill: 
Presented  by  Mr.  Smith  and  read,  1636;     Committed, 
and  amended,   1638 ;     Passed,  and  sent  for  concur 
rence  to  the  Assembly,  1639. 

Undersheriff  Regulation  Bill  : 

Brought  up  and  read,  1880 ;  Committed,  1882 ;  Passed, 
and  Assembly  acquainted,  1886 ;  Enacted,  1893. 

See  REPLEVIN. 

SHIPS : 

A  man  of  war  ordered  to  New  York,  35. 

The  Richmond  frigate  on  a  cruise,  104. 

Adventure  boarded  and  property  removed  from  her,  127  ; 
Further  information  respecting  her,  128. 

Sloop  Rebecca  brings  goods  to  New  York  from  the  Ad 
venture,  127. 

Fortune,  purchased  by  Abraham  de  Peyster,  135  ;  An 
swer  of  the  Assembly  to  a  message  relating  to,  136. 

Triton's  prize,  247. 

H.  M.  ship  Lowestaffe  at  New  York,  285. 

The  Assembly  intend  to  encourage  building,  433. 

Sloop  Raritan,  built  in  the  Jerseys,  499. 

The  Legislature  recommended  to  encourage  building,  661 ; 
Causes  of  its  decay  in  New  York,  731 ;  Proposed 
remedy,  1732. 

Dutchess  of  Gordon,  the  governor  and  Council  meet  on 
board,  1996,  et  seq. 

259 


SHIPS  •  —  Continued. 

Ship  Owners  Responsibility  Bill : 

Brought  up  and  read,  1830  ;  Committed,  1831  ; 
Passed,  and  Assembly  acquainted,  1832. 

Ships  Willful  Destruction  Prevention  Bill: 

Brought  up,  1833. 

SHIRLEY,  Governor :  Requests  assistance  from  New  York, 
for  the  expedition  against  Cape  Breton,  888;  Governor 
Clinton,  of  New  York,  concerts  measures  with,  963 ; 
Copy  of  his  message  to  the  general  court  of  Massachu 
setts,  communicated  to  the  Council,  1018;  Letter  from, 
laid  before  the  board,  1148  ;  Papers  from,  laid  before 
the  board,  1189  ;  Referred,  1190  ;  His  scheme  approved, 
1190,  1191;  Letters  and  papers  from,  communicated, 
1232  ;  Concerts  operations  for  the  campaign,  1237. 

SHOE,  GODPRED  :     Naturalized,  1751. 
SHOEMAKERS  :     See  TANNING. 

SHOL,  COENRAD  and  JOHANNES  :     Naturalized,  1682. 
SHOPKEEPERS : 

Shopkeepers  and  Retailers  Encouragement  Bill: 

Fails  to  become  law,  xv. 
SHKEIDER,  SIMON:     Naturalized,  1751. 
SHULTS,  CHARLES  :     1031. 
SHUROER,  SIMEON:     Naturalized,  1614. 
SHURTER,  FREDERICK  :     Naturalized,  1583. 
SICKLES,  JOHN  :     1937. 
SICKLES,  ZACHARIAH  :     268,  271. 

SICKNESS  : 

Great  in  New  York,  183 ;  Presumed  causes  thereof,  190  ; 
Small-pox  in  New  York,  603,  612 ;  Prevents  the  meet 
ing  of  the  Legislature,  800. 

See  SMALL  Pox. 
SILVESTER,  GILES  :     103. 

SIMITIERE  :     See  D0  SIMITIERE. 
SKINK,  GEORGE  :     Naturalized,  1751. 
SIMONIS,  HARMANUS  :     Naturalized,  518. 
SIMSON,  JOSEPH  :     Naturalized,  506. 
SLOUGHTER  :     See  GOVERNORS. 

SLAVES : 

Masters,  Servants,  Slaves  Regulation  Act :     Passed,  xiii. 
Slaves  Instruction  Bill: 

Read,  and  ordered  engrossed,  xxii. 
Slaves  Regulating  Bill  : 

Brought  up,  read  twice  and  committed,  188  ;  Amended, 
and   sent   for   concurrence   to   the   Assembly,    188 ; 
Enacted,  189. 
Assembly  recommended  to  pass  a  law  to  punish  negroes, 

Indian  and  mulatto  slaves,  and  to  prevent  their  running 

away,  225. 

Fugitive  Slaves  Prevention  Sill  : 

Brought  up  and  read,  227  ;  Committed,  and  amended, 
227  ;  Passed,  and  sent  for  concurrence  to  the  As 
sembly,  227  ;  Agreed  to  by  that  House,  228  ;  En 
acted,  234. 

Slaves  Regulating  Act  Continuation  Sill  : 

Brought  up  and  read,  229  ;  Committed,  230  ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  232 ; 
Agreed  to  by  that  House,  233  ;  Enacted,  234. 

Slaves  Baptizing  Encouragement  Bill: 

Brought  up,  read  and  amended,  243 ;  Sent  for  con 
currence  to  the  Assembly,  243  ;  Agreed  to  by  that 
House,  244 ;  Enacted,  245. 

Slare   Conspiracy  Prevention  Hill  : 

Brought  up  and  read,  269  ;  Committed,  270  ;  Amended, 
270  ;  Sent  for  concurrence  to  the  Assembly,  271 ; 
Enacted,  274. 

Servants  and  Slaves  Desertion  Prevention  Bill  : 
Presented,  324 ;    Amended,  325  ;  Sent  for  concurrence 
to  the  Assembly,  326. 


2066 


INDEX. 


SLAVES :  —  Continued. 

The  late  "  hellish  attempt "  of  the  slaves  announced  to 
the  Assembly,  which  is  recommended  to  encourage 
the  importation  of  white  servants  in  order  to  take 
away  the  root  of  the  evil,  333  ;  Payment  required 
for  the  lately  executed,  344. 

Slave  Conspiracy  Suppression  and  Punishment  Bill: 
Brought  up  and  read,  344  ;  Committed,  345  ;  Amended, 
and   sent    for   concurrence   to   the   Assembly,    347; 
Agreed  to  by  that  House,  348  ;     Enacted,  353. 

Clause  in  Conspiracy  Act  More  Effectual  Rendering  Bill  : 
Brought  up  and  read,  352  ;  Committed,  353. 

Fugitive  Slaves  Prevention  Act  Revival  and  Continuation 

Bill: 

Brought  up,  read  and  committed,  391 ;      Passed,  and 
Assembly  acquainted,  392  ;     Enacted,  395. 

Slaves  brought  from  South  Carolina  to  New  York,  391, 
394 ;     Instances  of  the  manumission  of,  412. 

Slave  Conspiracy  Act  Explanatory  Bill  : 
Recommended   to    be   brought    in,   412;      Presented, 
read,  passed,  and  sent  for  concurrence  to  the  Assem 
bly,  413  ;     Agreed  to  by  that  House.  416 ;     Enacted, 
417. 

Slaves  Regulation  Act  Revival  Bill : 

Brought  up  and  read,  441 ;  Committed,  442 ;  Passed, 
and  Assembly  acquainted,  444;  Enacted,  448. 

Slaves  Regulating  Act  Continuation  Bill : 

Brought  up,  read  and  committed,  535 ;  Passed,  and 
Assembly  acquainted,  535  ;  Enacted,  536. 

Slave  Conspiracy  and   Insurrection  More  Effectual  Pre 
vention  and  Punishment  Hill  : 

Brought  up,  read  and  committed,  600 ;  Passed,  and 
Assembly  acquainted,  600 ;  Enacted,  602. 

Conspiracy  and  Insurrection  More   Effectual  Prevention 
and  Punishment  Act,  Part  Repeal  Bill  : 

Brought  up,  read  and  committed,  810;  Report,  812; 
Motion  for  3d  reading  negatived,  812. 

Fugitive  Slaves  Prevention  Bill  : 

Brought  up,  879 ;  Read  and  committed,  880 ;  Or 
dered  3d  reading,  881 ;  Passed,  and  Assembly  ac 
quainted,  882 ;  Agreed  to  by  that  House,  884 ; 
Enacted,  884. 

A  poll  tax  on  slaves  recommended,  1209,  1271 ;     Good 
effect  expected  from  the  tax,  1308. 

Aged  and  Decrepit  Slaves  Protection  Bill: 
Brought  up  and  read,  1872;  Committed,  1873  ;    Passed, 
1874  ;     Assembly  acquainted,  1875  ;     Enacted,  1894.' 

Slaves  Import  Duty  Bill : 

Brought  up  and  read,  1891 ;     Committed,  1892. 
Again  brought  up  and  read,  1910;     Committed,  1911  • 
Rejected,  1912. 

Slaves  Additional  Import  Duly  Bill  : 

Brought  up  and  read,  1957;  Committed,  1958'  Re 
jected,  1974. 

See  DUTIES  ;     MASTERS  ;     NEGKOES  ;     REVENUE  ;     WILLSON. 
SLEOHT,  DANIEL  :     Naturalized,  1708. 
SLEGHT,  HENMHCK:     Naturalized,  1560. 
SLOSS,  JOHN.     See  REVENUE. 

SMALL  CAUSES  : 

Small  Debts  Determination  Bill  : 

Brought  up  and  read,  191 ;  Committed,  with  instruc 
tions,  192 ;  Report,  197 ;  Recommitted,  with  instruc 
tions  to  report  an  ordinance  with  similar  provisions, 
XV  Of 

Ordinance  empowering  justices  of  the  peace  to  determine 
192*198  tLe  ValUe  °f  f°rty  shillings.  mentioned, 

Five  Pound  Bill  : 

Bri°l7g8lt    PP>   r?d   *,nd  committed-  H71 ;     Amended, 

sembiv  ?17Q  '  ^A  Se"!  for  eoncurren<=«  to  the  As 
sembly,  1179;  Agreed  to  by  that  House  1179- 
Amendments,  1179;  Enacted,  1181 


SMALL  CAUSES  :  —  Continued. 
Five  Pound  Pleas  Bill: 


Brought  up  and  read,  1227 ;  Committed,  1227;  Report 
ed,  1236  ;  Motion  for  3d  reading  negatived,  and  bill 
rejected,  1236 ;  The  Assembly  inquire  what  progress 
the  Council  have  made  therein,  1240 ;  Assembly  ac 
quainted,  1240. 

Five  Pound  Act  Amendment  Bill: 

Brought  up  and  read,  1274  ;  Committed,  1275  ;  Or 
dered  3d  reading,  1276  ;  Motion  to  read  3d  time, 
negatived,  1288;  Bill  rejected,  1289. 

Five  Pound  Bill: 

Brought  up  and  read,  1308  ;  Committed,  1309  ;  Peti 
tion  against,  1313 ;  Leave  granted  to  counsel  to  be 
heard  against,  1313  ;  Message  from  the  House  of  As 
sembly,  desiring  to  know  what  progress  has  been 
made  in  the  bill,  1316 ;  A  day  appointed  to  hear 
petitions  against,  1316  ;  Message  from  the  House  of 
Assembly,  requesting  the  concurrence  of  the  Council, 
1318 ;  Further  order  for  hearing  parties  against, 
1322  ;  Parties  heard,  and  their  reasons,  against  the 
bill,  1323 ;  Amended,  passed,  and  sent  for  concur 
rence  to  the  Assembly,  1327 ;  Disagreed  to  by  that 
House,  1330 ;  Council  adhere,  and  Assembly  ac 
quainted,  1331  ;  Agreed  to  by  that  House,  1349 ; 
Enacted,  1356. 

Five  Pound  (Mayors,  Recorders  and  Aldermen,  Jurisdic 
tion)  Hill  : 

Brought  up  and  read,  1362  ;  Committed,  1365  ;  Mes 
sage  from  the  Assembly  to  ascertain  what  progress 
has  been  made  in  the  bill,  1368. 

Five  Pounds  (Justices,  Mayors,  Recorders  and  Aldermen 
Jurisdiction)  Bill  : 

Brought  up  and  read,  1381 ;     Committed,  l:  82  ;     Pas 
sed,  and  Assembly  acquainted,  1388  ;    Enacted,  1391. 
Continued,  1530. 

Five  Pound  Act  Further  Continuation  Bill  : 

Brought  up  and  read,  1675  ;  Committed,  1676  ;  Read 
3d  time  and  passed,  Mr.  Smith  dissenting,  1677. 

Ten  Pound  Sill  : 

Brought  up  and  read,  1692 ;  Committed,  1694;  Pas 
sed,  and  Assembly  acquainted,  1698  ;  Enacted,  1707. 

Five  Pound  Jlill : 

Brought  up  and  read,  1823  ;  Committed,  1824;  Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  1829 ; 
Agreed  to  by  that  House,  1830  ;  Enacted,  1835. 

Ten  Pound  Judgments  Execution  Bill: 
Brought  up  and  read,  1843  ;     Committed,  1845  ;     Pas 
sed,  and  Assembly  acquainted,  1847 ;     Enacted,  1849. 

SMALL-POX : 

Prevalent  in  the  West  Indies,  839  ;  In  New  York,  603, 
612,  919,  1110,  1307  ;  At  Albany,  975  ;  An  act  passed 
to  regulate  the  practice  of  inoculation,  1872. 

See  INOCULATION. 
SOLOMON,  JONAS  :     1246. 
SMALLSHANKS,  JAMES  :     514. 
SMITH,  CONEADT  :     Naturalized,  1751. 
SMITH,  GEOKGE  :     391. 
SMITH,  HENKY  :     Naturalized,  1682. 

SMITH,  JOHAN  WILLEM  :     Bill  to  naturalize  him  fails  to  be 
come  a  law,  749. 

SMITH,  JOHN  :     1031  ;     Naturalized,  1065. 

SMITH,  JOHN  :     Naturalized,  1682. 

SMITH,  JONATHAN:     Member  of  Assembly,  167. 

SMITH,  MICHAEL  :     Naturalized,  1065. 

SMITH,  PHILIP  :     Naturalized,  1682. 

SMITH,  RICHAKD  :     Member  of  Council,  xxiv. 

SMITH,  WILLIAM  :     Member  of  Council,  1-151,  158,  176-189, 
192-194,  208-211,  222,  223. 

SMITH,  WILLIAM  :     Complains  of  certain  proceedings  in  the 
court  of  chancery,  568  ;     Member  of  Council,  1115-1619. 
See  DISSENTS. 


INDEX. 


2067 


SMITH,  Junr.,  WILLIAM  :  1326  ;  Member  of  Council,  1622- 
1998. 

See  DISSENTS. 

SNEDEKER,  RICHARD  :     1326. 

SNEDEKER,  THEODORUS  :  Member  of  Assembly,  1031,  1055, 
1079,  1084,  1227,  1239,  1241,  1242,  1274,  1287,  1288, 
1295,  1296,  1343,  1345,  1351. 

SNYDER,  HENDRICK  :     1031  ;     Naturalized,  1065. 
SNYDER,  GEORGE  :     Naturalized,  1462. 
SOBELL,  WILLIAM:     Naturalized,  1682. 

SOMERENDYCK,  TEUNis :  The  Legislature  meets  at  the  house 
of,  1393. 

SOOY,  Yoos  :     501 ;     Naturalized,  506. 
SOUTH  CAROLINA  :     See  REVENUE  ;     SLAVES. 
SPAIN  :     War  declared  against,  439,  751. 
SPALER,  JOHANNES  :     Naturalized,  637. 
SPEAKERS  —  OP  THE  ASSEMBLY: 

Mathias  Nicolls,  xii. 

William  Pinhorne,  xv. 

John  Spratt,  xxv. 

James  Graham,  presented  and  approved,  1,  25,  41,  78,  119. 

Henry  Pierson,  presented  and  confirmed,  49. 

Philip  French,  111 ;     Signs  the  address  to  the  earl  of  Bel- 

lomont,  113. 
Abraham  Gouverneur,  presented  and  confirmed,  142,  157; 

Controversy   respecting   his   qualification,    169  ;      His 

speech  to  Lieutenant-Governor  Nanfan,  at  the  close  of 

the  session,  174. 
William  Nicoll,  presented  and  confirmed,  176,  224,  246, 

276,  296,  312,  354,  382,  397 ;     Resigns,  423. 
Robert  Livingston,  presented  and  confirmed,  423. 
Adolph  Philipse,  525  ;     Presented  and  confirmed,   539, 

554,  563,  725,  819. 

Lewis  Morris,  presented  and  approved,  680. 
David  Jones,   presented  and  approved,  887,  1003,  1044, 

1100. 

William  Nicoll,  presented  and  approved,  1358,  1425. 
Philip  Livingston,  presented  and  approved,  1657. 
John  Cruger,  presented  and  approved,  1685. 

OF  THE  COUNCIL: 
The  chief  justice  elected,  662. 
The  eldest  councillor  present  to  preside,  664. 

SPECIALTIES : 

Specialties  Assignment  Act :     Passed,  xiii. 
Specialties  Levy  Limitation  Sill: 

Brought  up  and  committed,  599  ;     Amended,  and  sen 
for  concurrence  to  the  Assembly,  600  ;     Agreed  to  " 
that  House,  601 ;     Enacted,  602. 

SPEECHES : 

At  the  opening  of  the  sessions  of  the  Legislature,  18 
25  35,  42  49,  58,  63,  76,  81,  89,  95,  101,  111,  119 
167,  171,  176,  189,  205,  221,  224,  234,  237,  241,  246 


PEECHES :  —  Continued. 

Announcing  a  large  deficiency  in  the  revenue  and  calling 
on  the  Legislature  to  provide  therefor,  653. 

Recommending  that  a  fort  be  built  at  Wood  Creek,  that 
some  Scotch  families  be  encouraged  to  settle  there,  722, 
726. 

PRAGGE,  JOHN  :  Clerk  of  the  Assembly,  xii ;  Secretary 
of  the  province,  xiv,  xv  ;  Member  of  the  Council,  xvii. 

>PEATT,  JOHN  :     Member  of  Assembly,  xxiv,  50,  58. 
SPRINGER,  SYLVESTER  :     Naturalized,  1652. 
JRUM,  MICHAEL  :     Naturalized,  1708. 

STAATS,  SAMUEL  :  Member  of  Assembly,  50,  51 ;  Of  the 
Council,  117-175,  296-395. 

STAMPS : 
Stamp  duty,  recommended,  1209,  1271. 

Stamps  Establishment  Bill : 

Brought  up  and  read,  1276;  Committed,  1277;  A 
conference  requested,  1282 ;  The  Assembly  decline 
a  conference  as  it  is  a  money  bill,  1282 ;  Ordered 
3d  reading,  1285 ;  Passed,  and  Assembly  acquainted, 
1286 ;  Enacted,  1289. 
Continued,  1317,  1356. 

BRITISH  STAMP  ACT  :  Its  repeal  announced,  1587  ;  Address 
to  the  King  thereupon,  1592;  A  pamphlet  published 
relative  to,  1635. 

See  PAMPHLETS. 


STANWIX,  Brigadier: 


Sent  to  the  Mohawk  river,  1340. 
Naturalized,  1708. 


STAPEL,  JOHAN  JACOB  : 

STATEN  ISLAND  :  Governor  Dongan  charged  with  having 
absorbed  all  the  commons  of,  28. 

See  RICHMOND  COUNTY. 

STATUES  of  George  III.  and  William  Pitt :  An  act  passed  to 
pay  for,  1653  ;  An  act  passed  to  prevent  the  defacing  of, 
1872. 

See  APPROPRIATIONS  ;     NEW  YORK. 

STEALMAN,  JOHN  :     v. 
STEELE,  SAMUEL  :     See  SHIPS. 
STEENWYCK,  CORNELIUS  :     1142. 
STEENWYCK,  MARGARETA  :     1142. 
STEIRER,  JOSEPH  :     Naturalized,  1708. 
STERLING  IRON  WORKS  :     See  HIGHWAYS. 

STEVENS,  AREXT  :  Indian  interpreter,  1004  ;  His  letter  to 
the  governor,  1089. 

STEVENS,  JOHN  :     249. 

STICKLER,  JOHN  :     Naturalized,  1708. 

STILLINGWERT,  PETER  :     501;     Naturalized,  506. 

STILLWELL,  JOHN  :  Member  of  Assembly,  178,  201,  206,  389, 
436,  449,  453,  454,  455. 


276,  296,  310,  312,  321,  332,  342,  353,  365,  368,  382,    STILLWELL,  NICHOLAS:     Member  of  Assembly,  4,  22. 
Q07    4-in    4.-W     <tr,l     4K4    479    495.   Ji07.   519.  521.  524 


397,  430,  439,  451,  464,  479,  495,  507,  519,  521,  524, 
539,  554,  564,  582,  591,  614,  626,  630,  637,  652,  661,  675, 
680,  681,  717,  725,  731,  736,  751,  756,  768,  772,  776,  796, 
802,  809,  820,  838,  846,  876,  887,  927,  946,  963,  1004, 
1022,  1035,  1045,  1068,  1074,  1100,  1110,  1126,  1147, 
1155,  1160,  1222,  1270,  1292,  1320,  1340,  1359,  1379, 
1394,  1409,  1426,  1440,  1447,  1465,  1483,  1510,  1534, 
1539,  1566,  1587,  1598,  1600,  1616,  1623,  1658,  1686, 
1711,  1756,  1800,  1854,  1898,  1942. 

At  the  adjournment  or  prorogation,  39,  48,  56,  66,  76,  80, 
87,  93,  109,  143,  149,  320,  462,  713,  735,  1032,  1036, 
1145. 

On  assenting  to  bills,  84,  86,  612,  673,  713. 

During  the  progress  of  certain  bills,  104,  107,  302. 

On  dissolving  the  Assembly,  115,  679,  724,  814,  885,  999, 
1356,  1683. 

Accusing  the  Assembly  with  attempting  several  innova 
tions,  215. 

Announcing  the  appearance  of  a  French  privateer  off  the 
harbor  of  New  York  and  communicating  certain  British 
acts,  230. 

Informing  the  Assembly  what  presents  are  required  for 
the  Indians,  248. 

Announcing  the  death  of  Lord  Lovelace  to  the  Legislature, 
278. 

Announcing  hie  intended  return  to  England,  447. 


STILLWELL,  RICHARD  :     Member  of  Assembly,  534,  745,  759, 
780,  791),  831,  863,  867,  868,  871,  896,  949. 

STILLWELL,  THOMAS  :     Member  of  Assembly,  44,  50,  103. 

STILLWELL,  Widow  :     A  committee  meet  at  the  house  of, 
1118. 

STINEBRANNER,  JACOB  :     1031. 

STIRLING,  Earl  of  :     Member  of  Council,  1483-1577. 
STOAKS,  RICHARD  :     Sergeant-at-arras,  103. 
STONE,  JOHN  :     Naturalized,  1751. 

STONE,  Mr.  :     Secretary  to  the  lords  justices,  letter  receiv 
ed  from,  838. 

STOUTENBURGH,  PETER  :     665. 

STRATTON,  JOHN  :     v. 

STRIKER,  JOHN  :     v. 

STRONG,  SELAH  :     Member  of  Assembly,  1669. 

STUYVESANT,  GEKRAHBUS  :     Deputy  mayor,  665. 

STYERS,  JOHN  :    Naturalized,  1560. 


2068 


INDEX. 


,  JOHN:     Naturalized,  1614. 


SUFFOLK  COUNTY: 

Petitions  for  a  port  of  entry,  52  ;  A  drift  whale  in,  121  ; 
Return  to  a  writ  for  the  election  of  two  members  of  As 
sembly  for,  168  ;  The  sheriff  of,  summoned  before  the 
Council,  168  ;  Ministers  wanting  at  the  east  end  of 
Long  Island,  225  ;  Samuel  Mulford  elected  to  the  As 
sembly  from,  225. 

Beach  Gratt  and  Timber  Preservation  Sill  : 
Brought  up  and  read,  1334;     Committed,  1336;     Or 
dered  3d  reading,  1350;     Passed,  and  Assembly  ac 
quainted,  1351  ;     Enacted,  1356. 
Continued,  1392. 

Further  continued,  1502,  1583,  1707. 
Revived,  1991. 

Additional  Constables  Election  Bill  : 

Brought  up,  read  and  committed,  1714  ;     Passed,  1718  ; 
Assembly  acquainted,  1718  ;     Enacted,  1724. 

County  House  and  Prison  Building  Bill  : 
Brought  -np,  read  and  committed,  556  ;     Passed,    and 
Assembly  acquainted,  557;     Enacted,  562. 

County  Hall  and  Jail  Repairs  Bill  : 
Brought  up  and  read,  1634;    Committed,  1636;   Passed, 
and  Assembly  acquainted,  1638  ;     Enacted,  1646. 

County  Rates  Punctual  Payment  Bill  : 
Brought  up  and  read,  841  ;     Committed,  842  ;     Passed, 
anil  Assembly  acquainted,  842  ;     Enacted,  845. 

Queens  and  Suffolk  Acts  Revival  Bill  ;     Enacted,  1991. 

£3,041  16».  4jd.  (or  Arrears)  Tax  Bill: 

Brought  up  and  read,  1518  ;  Committed,  1519  ;   Passed, 
and  Assembly  acquainted,  1522  ;     Enacted,  1524. 

Broukhaven  Constables  Election  Bill  : 

Brought  up  and  read,  746  ;     Committed,  747  ;     Passed, 
and  Assembly  acquainted,  748  ;     Enacted,  750. 

Eaton's  Neck  Tax  Levy  Bill  :    Enacted,  1583. 
Islip  Town  Officers  Election  Bill  : 

Brought  up,  passed,  and  Assembly  acquainted,  308  ; 
Enacted,  309. 

Winthorps  Patent  Dependency  Bill: 
Brought  up  and  read,  1861  ;     Committed,  1862  ;     Or 
dered   3d  reading,   1804  ;     Passed,  1865  ;     Enacted, 
1873. 

See  ACTS  ;    DEER  ;    DOGS  ;    ELECTIONS  ;    FISH  ;     WILD 
CATS;  WOODS. 

SUGAR  COLONIES  : 

A  joint  committee  appointed  to  represent  the  inconven 
iences,  damages  and  hardships  this  colony  will  suffer 
from  the  passage  of  an  act  of  Parliament  for  securing 
and  encouraging  the,  604;  Report  and  representation, 
605  ;  Persons  to  be  authorized  to  oppose  in  Great  Bri 
tain,  the  monopoly  aimed  at  by,  607  ;  An  act  passed 
for  the  employment  of  agents  to  oppose  the  Monopoly 
Act,  612  ;  Governor  Cosby  opposes  the  bill  in  favor  of 
the,  614. 

See  REPRESENTATION. 

SUGAR  REFINING  :     See  MANUFACTURES. 

SUITS  :     See  LAW  PROCEDURE. 

SUNDAY: 

An  act  against  Sabbath  breaking  passed,  xv. 
The   Assembly  recommended   to   provide   for   the   strict 
observance  of  the  Sabbath,  25. 

Sunday  Profanation  Punishment  Bill  : 

Brought  up,  read  and  amended,  82  ;     Sent  for  concur 
rence  to  the  Assembly,  83  ;     Enacted,  84. 

SUPPLY  :     See  APPROPRIATION. 
SCRCJEONS  :     See  PHYSIC. 
SUROET,  PETER  :     Naturalized,  1751. 
SWAN,  GEORGE:     852. 

SWARTWOUT,  PHILIP  :     His  house  burnt,  1250. 
424. 


Swartwout  and  Aertsen  Agreement  Confirmation  Sill : 
Brought  up,  155  ;     Laid  aside  by  the  earl  of  Bellomont, 

165. 

Again  brought  up,  read  and  committed,  160  ;  Amended, 
163  ;  Counsel  called  on  to  offer  reasons  against  it, 
163;  His  reasons,  164;  Passed,  166;  Sent  for 
concurrence  to  the  Assembly,  167 ;  Remarks  of  tlie 
Lieutenant-Governor  and  Council  on  counsel's  objec 
tions,  167 ;  Counsel  ordered  to  furnish  further 
objections,  170  ;  Enacted,  171. 

See  REASONS. 
SWEARING  : 

Swearing  and  Cursing  Punishment  Act :    Passed,  xv. 

SWIFT,  Mr. :   Joint  committee  meets  at  the  house  of,  292,  299, 
306,  307,  308. 

SWINE  : 

Damages  by  Swine  Prevention  Act :     Passed,  xii. 

Swine  Act :     Passed,  xv. 

Damages  by  Swine  in  Claverack  Prevention  Bill : 

Brought  up  and  read,  1718  ;  Committed,  1719  ;  Pas 
sed,  and  Assembly  acquainted,  1720 ;  Enacted,  1724. 

Damages  by  Swine  in  Dut  chess  County,  Livingston  Manor 
and  Claverack,  Prevention  Bill  : 

Brought  up,  read  and  committed,  509 ;  Passed,  and 
Assembly  acquainted,  510  ;  Enacted,  517. 

Swine  Running  at  Large  in  Dutchcss,  Livingston  Manor 
and  Claverack  Prevention  Hill  : 

Brought  up  and  read,  565;  Passed,  and  Assembly  ac 
quainted,  566  ;  Enacted,  571. 

Continued,  599. 

Revived,  674. 

Damages  by  Swine  in  Dutchess  County  Prevention  Bill  : 
Brought  up,  899  ;     Read  and  committed,  900  ;     Passed, 

and  Assembly  acquainted,  901 ;     Enacted,  904. 
Again  enacted,  1065. 
Further  continued,  1392,  15CO. 

Its  provisions  extended  to  Tryon  and  Cumberland,  1894. 
This  last  act  revived,  1991. 

Damages  by  Swine  in  Goshen  Prevention  Bill : 
Brought  up  and  read,  65o  ;     Enacted,  656. 

Damages  by  Swine  in  Marbletown,  Goshen  and  Cornwall 
Prevention  Bill : 

Brought  up  and  read,  1677;  Committed,  1679  ;  Passed, 
1680;  Enacted,  1682. 

Damages  by  Swine  in  Marblctown  Prevention  Hill  : 

Brought  up  and  read,  1910;  Committed,  1911 ;  Passed, 
and  Assembly  acquainted,  1912;  Enacted,  1928. 

Damages  by  Swine  in  Orange  County  Prevention,  and  all 

other  Acts  Repeal,  Bill  : 
Brought  up  and  read,  707 ;     Committed,  708  ;     Passed, 

and  Assemblv  acquainted,  708;     Enacted,  712. 
Continued,  904". 
Revived,  1248. 

Damages  by  Swine  in  Orange  County  Prevention  Bill: 
Brought  up  and  read,  1383 ;    Committed,  1385  ;    Passed, 

and  Assembly  acquainted,  1387 ;     Enacted,  1392. 
Continued,  1724. 

Damages  by  Swine  in  Orange  County  More  Effectual  Pre 
vention  Bill  : 

Brought  up  and  read,  1732  ;  Committed,  1735  ;  Passed, 
and  Assembly  acquainted,  1736 ;  Enacted,  1751. 

Damages  by  Swine  in  Queens  County  Prevention  Bill: 
Brought  up,   read  and  committed,   250;     Passed,   and 
Assembly  acquainted,  251 ;     Enacted,  263. 

Damages  by  Swine  in  Rensclacrwyck  Prevention  Bill  : 

Brought  up  and  read,  1572  ;    Committed,  1573  ;    Passed, 

and  Assembly  acquainted,  1574;     Enacted,  1583. 
Revived,  1991. 

Damages  by  Swine  in  Richmond  County  Prevention  Bill : 
Brought  up,  read  and  committed,  250 ;    Passed,  and  As 
sembly  acquainted,  251 ;     Enacted,  263. 

Damages  by  Swine  in  Saratoga  Prevention  Bill  : 

Brought  up  and  read,  531 ;  Passod,  and  Assembly  ac 
quainted,  532 ;  Enacted,  530. 


INDEX. 


2069 


SWINE :  —  Continued. 

Damages  by  Swine  in  Tappan  Prevention  Bill: 
Enacted,  582,  612. 

Damages  by  Swine  in  Ulster  Prevention  and  Other  Purposes 

Hill; 

Brought  up  and  read,  1972 ;  Committed,  1973 ;  Passed, 
1980 ;  Assembly  acquainted,  1983 ;  Enacted,  1992. 

Damages  by  Swine  in  Westchester,  Queens  and  Richmond 
Prevention  Bill : 

Brought  up,  read  and  committed,  250 ;  Passed,  and 
Assembly  acquainted,  251 ;  Enacted,  263. 

Again  brought  up,  read  and  committed,  358  ;  Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  362; 
Disagreed  to  by  that  House,  365. 

Damages  by  Swine  in  Westchester,  Queens  and  Richmond 
Prevention  Act  Revival  Sill : 

Brought  up  and  read,  369  ;  Passed,  and  Assembly  ac 
quainted,  370 ;  Enacted,  373. 

Revived,  and  its  provisions  extended  to  Kings  and 
Orange,  486. 

Swine  Running  at  Large  in  Westchester  Prevention  Bill : 
Enacted,  599. 
Revived,  730. 

SWINTON,  J.  S. :     Provincial  secretary,  xvii. 

STMS  (SYMES),   LANCASTER  :     271 :     Member  of  Assembly, 
644,  556,  559,  567,  576,  579. 


T. 


TALMAN  (TOLLMAN),  JOHN  :  Member  of  Assembly,  160  ; 
Refuses  to  sit,  169  ;  Ordered  prosecuted,  170  ;  Repre 
sents  Queens,  287. 

TANNING : 

A  bill  introduced  to  prohibit  shoemakers  exercising  the 
mystery  of,  xxii ;  Passed,  xxiii. 

TAPPEN,  JOHANNES  :  Member  of  Assembly,  828,  863,  866, 
899,  1063. 

TARE: 

Acts  passed  to  prevent  false  taring  of  bread  and  flour 
casks,  1065,  1107. 

TARIFF  :     See  REVENUE. 

TAVERNS ; 

Tavernkeepers  and  Innholdcrs  Restraining  Bill  : 

Brought  up,  read  and  committed,  689  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  691 ;  Agreed 
to  by  that  House,  696 ;  Enacted,  712. 

Revived,  785. 

Again  enacted,  1065. 

Attention  of  the  Legislature  called  to  the  excessive  num 
ber  of  tippling  houses,  and  the  evils  resulting  there 
from,  1447. 

Dutchcss  County  Taverns  Licensing  and  Limiting  Bill  : 
Brought  up  and  read,  1521 ;    Committed,  1522  ;    Passed, 
and  Assembly  acquainted,  1523  ;     Enacted,  1524. 

Ulster  and  Orange  County  Taverns  Better  Regulation  Bill: 

Brought  up  and  read,  1738  ;  Committed,  1740  ;  Passed, 
and  Assembly  acquainted,  1741 ;  Enacted,  1751. 

Its  provisions  extended  to  the  manor  of  Cortland, 
1790 ;  And  to  the  city  and  county  of  Albany,  1822. 

Cumberland  County  Taverns  Regulation  .Bill: 

Brought  up  and  read,  1817  ;  Committed,  1818  ;  Passed, 
and  Assembly  acquainted,  1819  ;  Enacted,  1822. 

Amended,  and  its  provisions  extended  to  Gloucester 
county,  1894. 

Taverns  in  Several  Counties  Regulation  Bill : 

Brought  up  and  read,  1868;  Committed,  1871 ;  Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  1876  ; 
Agreed  to  by  that  House,  1877  ;  Enacted,  1894. 

Trials  in  Taverns  Prevention  Hill : 
Brought  up  and  read,  1920  ;     Committed,  1921. 
bee  GAMISG. 


TAXATION : 

The  Assembly  recommend  that  commissioners  be  ap 
pointed  in  the  several  counties  to  value  the  estates 
therein,  23  ;  Inequality  of,  complained  of,  44. 

More  Equal  Settlement  Bill  : 

Brought  up  and  read,  53 ;  On  question  of  passing, 
negatived,  53. 

Albany  Equalization  Hill: 

Brought  up,  read  and  committed,  1543 ;     Passed,  and 

Assembly  acquainted,  1545  ;     Enacted,  1560. 
Continued,  1583. 
Further  continued,  1637. 
Revived,  1990. 

Orange  County  Equalization  Hill: 

Brought  up  and  read,  1546  ;  Committed,  1548  ;  Passed, 

1549  ;     Enacted,  1560. 
Reenacted,  1583. 
Continued,  1013. 

Again  enacted  with  an  amendment,  1751. 
Revived,  1873. 
Again  enacted,  1992. 

Queens  County  Equalization  Bill: 

Brought  up  and  read,  1136  ;  Committed,  1137  ;  Passed, 
and  Assembly  acquainted,  1138  J  Enacted,  1145 ; 
Repealed,  1423. 

Queens  County  Regulation  Bill : 

Brought  up  and  read,  1415  ;  Committed,  1416  ;  Ordered 
3d  reading,  1417;  Enacted,  1423. 

Richmond  and  Suffolk  Hetttr  Regulation  Bill  : 

Brought  up  and  read,  1518  ;  Committed,  1519  ;  Passed, 
1521 ;  Enacted,  1524. 

Suffolk  County  Better  Regulation  Bill: 

Brought  up  and  read,  1491;  Committed,  1493;  Passed, 
and  Assembly  acquainted,  1494;  Enacted,  1502. 

Ulster  County  Equalization  Bill : 

Brought  up  and  read,  1415  ;  Committed,  1416 ;  Or 
dered  3d  reading,  1418;  Passed,  and  Assembly  ac 
quainted,  1419  ;  Enacted,  1423. 

Reenacted,  1502. 

Ulster  County  Better  Regulation  Sill: 

Brought  up,  read  and  committed,  1542;  Passed,  and 
Assembly  acquainted,  1545  ;  Enacted,  1560. 

Westchester  Equalization  Bill: 

Brought  up  and  read,  1876  ;  Committed,  1877 ;  Passed, 
and  Assembly  acquainted,  1878  ;  Enacted,  1894. 

TAXES : 

Country  Rates  and  Justices  Allowance  Laws,  Repeal  Act : 

Passed,  xii. 

Tax  Collectors  Encouragement  Bill :     Enacted,  108. 
£143  10s.  (or  Assembly  Lobby)  Tax  Bill: 

Brought  up  and  read,  213  ;  Committed,  214;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  216 ; 
Enacted,  220. 

£646  13s.  4d.  Refunding  Bill : 

Brought  up,  read,  committed,  and  amended,  267 ; 
Dissent  against,  268 ;  Amendments  agreed  to  by  the 
Assembly,  269  ;  Enacted,  270. 

£253  16s.  (Cornbury  Discharging)  Tax  Bill  : 

Enacted,  270. 
Extraordinary  Charges  Fund  Bill : 

Brought  up,  read  and  committed,  274  ;      Enacted,  274. 
£6,000  (Canada  Expedition)  Tax  Bill  : 

Brought  up  and  committed,  280  ;  Passed,  and  Assem 
bly  acquainted,  281 ;  Enacted,  282. 

£4,000  (Canada  Expedition)  Tax  Bill : 

Brought  up  and  passed,  284  ;     Enacted,  285. 

Public  Charges  Defraying  Bill  : 
Brought  up  and  committed,  289  ;     Enacted,  290. 

10,000  oz.  Plate  Tax  Bill :     Enacted,  295. 

Tax  Arrears  Collection  Hill  : 

Read  and  committed,  304;  Passed,  and  Assembly 
acquainted,  305  ;  Enacted,  309. 


2070 


INDEX. 


TAXES :  —  Continued. 

Chimney  Tax  Bill: 

Brought  up,  read  and  committed,  305  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  305  ;  Disagreed 
to  by  that  House  and  a  committee  of  conference 
requested,  306. 

Chimney  and  Poll  Tax  Hill  : 

Brought  up  and  read,  323 ;  Amended,  and  sent  for 
concurrence  to  the  Assembly,  324. 

£10,000  Tax  Bill  (for  paying  600  men)  .- 
Brought  up,  314  ;     Enacted,  317. 

2,855  Ounces  of  Plate  (or  Public  Defence)  Tax  Bill: 
'  Brought  up  and  read,  326  ;     Committed,  327 ;     Passed, 
and  Assembly  acquainted,  329  ;     Enacted,  331. 

Tax  Arrears  Collection  Sill  : 

Brought  up  and  read,  469  ;  Committed,  470  ;  Passed, 
and  Assembly  acquainted,  471  ;  Enacted,  475. 

Indians  Securing  Tax  Bill  : 

Brought  up,  read  and  committed,  472 ;  Passed,  and 
Assembly  acquainted,  473  ;  Enacted,  476. 

£501)  Tax  Bill  ( To  Encourage  Indian  Trade  )  : 

Brought  up,  read  and  committed,  489  ;  Passed,  and 
Assembly  acquainted,  490. 

Taxes  Effectual  Recovery  Sill  : 

Brought  up  and  read,  586  ;  Committed,  587  ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  588  ;  Dis 
agreed  to  by  that  House,  589  ;  Council  recede,  and 
Assembly  acquainted,  589  ;  Enacted,  591. 

£3,200  Tax  Sill :    Enacted,  874. 

£13,000  (Fortifications)  Tax  Bill  : 

Brought  up,  921 ;  Read  and  committed,  922;  Passed, 
and  Assembly  acquainted,  923  ;  Mr.  Rutherford  dis 
sents,  923  ;  Reasons  of  the  Council  for  passing,  924 ; 
Enacted,  926. 

£40,000  (Canada  Expedition)  Tax  Sill  : 

Brought  up  and  read,  938  ;  Amended,  939  ;  Passed, 
and  Assembly  acquainted,  939  ;  Enacted,  943. 

Taxes  More  Effectual  Collection  Sill  : 
Brought  up,  read  and  committed,   954  ;     Ordered  3d 
reading,  955  ;     Passed,   956  ;     Assembly  acquainted, 
957  ;     Enacted,  959. 

£28,000  (Frontiers  Defence)  Tax  Kill : 
Brought  up  and  read,  997  ;     Committed,  998  ;     Report, 
998  ;     Mr.  Colden  dissents,  998  ;     Passed,  and  Assem 
bly  acquainted,  999  ;     Enacted,  999. 

Taxes  More  Effectual  Collection  Bill  : 

Brought  up.  read  twice  and  committed,  1031. 

£45,000  (French  War)  Tax  Bill: 

Brought  up  and  read,  1185;  Committed,  1186 ;  Passed, 
1186  ;  Assembly  acquainted,  1187  ;  Enacted,  1187. 

£10,000  Tax  Bill  (For  Erecting  Forts  at  Crown  Point)  : 
Enacted,  1195. 

£8,000  (Grant  to  Connecticut)  Tax  Sill  : 

Brought  up  and  read,  1216  ;  Committed,  1217  ;  Passed, 
1218;  Enacted,  1219. 

A  poll  tax  on  slaves,  an  excise  on  tea  and  a  stamp  duty 
recommended,  1209. 

Taxes  Arrears  Collection  Bill  : 
Brought  up  and  read,  1276  ;     Committed,  1277. 
Again  brought  up,  read  and  committed,  1490  ;     Passed, 
and  Assembly  acquainted,  1495  ;     Enacted,  1502. 

£100,000  (Invasion  of  Canada)  Tax  Bill: 

Brought  up,  read  and  committed,  1365;  Ordered  3d 
reading,  1366  ;  Passed,  and  Assembly  acquainted, 
1367 ;  Enacted,  1368. 


Coach  Tax  Bill  : 
Brought  up  and  read,  1746. 

See  MILITARY  ;     OSOSDAGA  ; 


REVENUE. 


TEA: 
An  excise  on,  recommended,  1209,  1271. 

Tea  Excise  Bill  : 

Brought  up  and  read,  1276;  Committed,  1277;  A 
conference  requested,  1282 ;  Being  a  money  bill,  the 
Assembly  decline  a  conference,  1282 ;  Ordered  3d 
reading,  1285 ;  Passed,  and  Assembly  acquainted, 
1286 ;  Enacted,  1289. 

Continued,  1317,  1356. 

Reenacted,  1391. 

Arrears  of  Tea  Excise  Collection  Bill  : 

Brought  up  and  read,  1451  ;  Committed,  1452;  Pas 
sed,  and  Assembly  acquainted,  1455  ;  Enacted,  1461. 

TENANTS  :     See  LANDS. 

TEN  BKOOK,  ABRAHAM  :  Member  of  Assembly,  1430,  1435, 
1444,  1449, 1454,  1457,  1458,  1489,  1512,  1519,  1527,  1571, 
1572,1580,  1626,  1662,  1675,  1679,  1690,  1695,  1718,  1725, 
1726  1728, 1734,  1735,  1738, 1746,  1763,  1770,  1773,  1774, 
1777,  1807,  1810,  1811, 1833, 1836,  1837,  1839,  1844,  1866, 
1873, 1881, 1884,  1888,  1905, 1913,  1917,  1923,  1930,  1945, 
1948,  1949,  1951,  1957, 1958,  1960,  1963,  1971,  1974. 

TEN  BKOOK,  DIRCK  :     Commissioner  for  Indian  affairs,  858. 
TEN  EYCK,  COENRADT  ;     Member  of  Assembly,  1008. 
TEN  EYCK,  HENDRICK  :     Member  of  Assembly,  301,  347. 

TEN  EYCK,  JACOB  H. :  Member  of  Assembly,  1366,  1396, 
1400, 1418, 1421, 1457,  1458,  1468,  1494,  1515,  1542,  1543, 
1546  1551,1571,1574,  1590,  1592,  1626,  1634,  1640,  1662, 
1672,1675,1688,1692,  1697,  1701,  1716,  1717,  1724,  1728, 
1731  1738, 1763,  1767,  1773, 1782,  1786,  1809,  1820,  1823, 
1830, 1831,  1835, 1842, 1858,  1861,  1863,  1873,  1880,  1888, 
1907, 1912, 1919, 1920, 1923,  1926,  1952,  1957,  1960,  1966, 
1971,1977,1986. 

TEN  EYCK,  MATBIAS  :     424. 

TEKBOSS,   JACOBUS:     Member  of  Assembly,  701,  765,    781, 

782,  806. 
TERBOS,  JOHANNIS  :     Member   of  Assembly,  427,  436,   442, 

449,  452,  453. 

TESSON,  MARIE  :     Naturalized,  959. 
TESSON,  NICOLAS:     Naturalized,  959. 

THEATRE : 

Play-Acting  or  Stage  Entertainment  Prohibition  Sill: 

Brought  up,  read  and  committed,  1443, 
Again  brought  up  and  read,  1454 ;     Read  2d  time,  1456  ; 
Committed,  1457. 

THEALE,  JOSEPH  :    44. 

THOMAS,  JOHN  :  Member  of  Assembly,  826,  831,  863,  879, 
895  896,  953,  967,  979,  989,  997.,  1009,  1010,  1012,  1031, 
1047,  1050,  1051,  1054,  1061,  1063,  1071,  1072,  1073,  1077, 
1082,  1083,1119,1120,  1164,  1168,  1170,  1173,  1180,  1185, 
1190,  1210,  1211,  1218,  1219,  1227,  1238, 1241,  1246,  1257, 
1258,  1259,  1264,  1275, 1282,  1345, 1348,  1404,  1444,  1454, 
1468,  1512,  1521, 1525,  1527, 1573,  1575,  1578,  1580,  1592, 
1594,  1607,  1608,  1609,  1643,  1614,  1667,  1672,  1687,  1704, 
1716.  1734,  1746,  1750, 1808,  1813,  1817,  1826,  1827,  1830, 
1836,  1842,  1845,  1903, 1913,  1915,  1916,  1919,  1920,  1923, 
1927,  1952,  1958,  1978,  1985. 

|  THOMAS,  MATTHIAS  :     Naturalized,  959. 

TICONDEROQA  :  The  British  repulsed  at,  1340  ;  The  French 
driven  from,  1379. 

TREDEMAJJ,  JACOBUS:     Naturalized,  1065. 
TREGEL,  WILLIAM:     Naturalized,  1682. 

TIERONDEQUAT  :  The  French  obtain  leave  to  build  a  house 
at,  690,  722  ;  A  fort  recommended  to  be  built  at,  849. 

TIETSOORT,  WILLIAM  :     165. 

TIMMERMAN,  NICHOLAS  :     Naturalized,  1614. 

TOBIAS,  CHRISTOPHER:     Naturalized,  1462. 

Tono,  ROBERT  :     637,  641,  649,  668,  693,  760. 

TOLLE,  JOHN  FREDERICK  :     Naturalized,  1751. 

TOMPSON,  GABRIEL  :     159,163. 

TONNAGE,  ACTS  :     History  of,  433. 

See  REVENUE . 
TOPPIKO,  THOMAS  :    v. 


INDEX. 


2071 


TOWNS  : 

Provision  recommended  to  be  made  for  ministers,  2 ; 
Their  several  grants  confirmed,  6 ;  Empowered  to 
regulate  their  fences  and  highways,  7. 

Meeting  Houses  and  other  Town  Buildings  Erection  Bill : 
Brought  up,  read  and  committed,  140  ;  Passed,  141 ; 

Enacted,  143. 

Bill  better  to  explain  said  act,  and  to  enable  Richmond 
and  Westchester  counties  to  erect  goals  and  other 
public  buildings  brought  up  and  read,  194  ;  Com 
mitted,  199  ;  Amended  and  sent  for  concurrence  to 
the  Assembly,  201. 

TRADE : 

Goods  More  Easy  Carriage  Hill  : 

Brought  up  and  read,  340  ;  Ordered  2d  reading,  341 ; 
Committed,  342;  Petition  presented  against,  342; 

Trade  and  Navigation  Encouragement  Act :  Passed,  xiii. 

The    Legislature   of    New   York   forbidden  to   pass    acts 

affecting   the  shipping   of   Great  Britain  or  its   trade, 

423. 

Trade  and  Navigation  Encouragement  Bill  : 
Brought  up  and  read,  471 ;     Motion  to  commit  nega 
tived,  and  bill  rejected,  472. 

Effort  made  to  open  a  trade  with  the  far  Indians,  14; 
With  France  prohibited,  231. 

More  Ease  of  Trade  Bill  : 
Brought  up,   read  and   committed,   293 ;     Committee 

obtain  leave  to  send  for  persons  and  papers,  294. 
Again  brought  up  and  read,  299. 

Canada  Trade  Prevention  and  Indian  Trade  Regulation 

Sill : 

Ordered  to  be  prepared,  270;  Presented  by  Mr.  Mom- 
pesson,  read  and  committed,  272;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  273. 

Furs  Transportation  Regulation  Sill: 

Presented  by  Mr.  Mompesson,  read  and  committed,  272 ; 
Amended,  and  sent  for  concurrence  to  the  Assembly, 
273. 

Indian  Trade  Bill: 

Brought  up,  passed,  and  Assembly  acquainted,  376; 
Enacted,  380. 

Indian  Trade  Act  Revival  Sill  : 

Brought  up,  read  and  committed,  409;  Passed,  and 
Assembly  acquainted,  410  ;  Enacted,  411. 

Indian  Trade  Sill  : 

Brought  up  and  read,  455  ;  Passed,  and  Assembly  ac 
quainted,  456;  Enacted,  461 ;  Disallowed,  591. 

Indian  Goods  Sales  to  the  French  Further  and  More  Effec 
tual  Prohibitory  Sill  : 

Brought  up,  read  and  committed,  484  ;  Committee  in 
structed,  484  ;  Amended,  484  ;  Amendments,  485  ; 
Passed,  and  sent  for  concurrence  to  the  Assembly, 
485  ;  Enacted,  486  ;  Disallowed,  591. 

Indian  Goods  Sales  to  the  French  Prohibitory  Acts  Contin 
uation  Jiill  :  « 

Brought  up  and  read,  513;  Committed,  514  ;  Passed, 
and  Assembly  acquainted,  515  ;  Enacted,  517 ;  Dis 
allowed,  591. 

Indian  Goods  Sales  Prohibitory  Acts  Revival  and  Contin 
uation  Bill  : 

Brought  up  and  enacted,  523;     Disallowed,  591. 

Indian  Trade  Regulation  and  Security  Sill : 

Brought  up,  read,  committed,  passed,  and  Assembly 
acquainted,  549  ;  Enacted,  550  ;  Disallowed,  591. 

Indian  Trade  Commissioners  Appointment  Sill  : 

Brought  up  and  read,  1746;  Committed,  1747  ;  Passed, 
1748;  Assembly  acquainted,  1749;  Enacted,  1750. 

See  OSWEOO  ;     REVENUE. 

TREASON : 

A    British   act  to   prevent   all   traitorous  correspondence  ; 
with  the  euemy,  communicated  to  the  Legislature,  231.  i 
See  BAYARD. 


TREASURER : 

Provincial,  the  Legislature  attempt  to  appoint  a,  200  ;  An 
address  presented  praying  for  the  appointment  of  a, 
203 ;  The  General  Assembly  permitted  to  nominate 
their  own,  241  ;  Colonel  Abraham  de  Peyster  fills  the 
office  of,  253 ;  His  accounts  referred  to  a  joint  com 
mittee,  299,  406 ;  Did  not  give  any  security,  474 ; 
Ordered  to  furnish  an  account  of  certain  moneys,  1036, 
1046 ;  Asks  for  further  time  to  prepare  the  same, 
1049  ;  Return  of  his  accounts,  1056. 

Public  Moneys  to  Treasurer  Paying  Bill: 

Brought  up,  1647 ;  Read  and  committed,  1648  ;  Passed, 
1650;  Assembly  acquainted,  1651;  Enacted,  1651. 

An  act  passed,  empowering  him  to  sue  for  outstanding 
duties,  1750. 

County  Treasurers  Security  Sill: 

Brought  up  and  read,  1735  ;  Committed,  1736  ;  Passed, 
1739  ;  Assembly  acquainted,  1740  ;  Enacted,  1751. 

TREAT,  Governor :     103. 

TRESPASSES : 

Trespasses  Prevention  Sill : 

Brought  up,  135  ;     Passed,  136  ;     Enacted,  143. 
Its  provisions  extended  to  Ulster  county,  1391. 

Sandy  Hook  Trespasses  Actionable  in  New  York  Sill  : 

Brought  up  and  read,  1474;  Committed,  1475  ;  Ordered 
3d  reading,  1476  ;  Passed,  and  Assembly  acquainted, 
1477 ;  Enacted,  1477. 

Trespasses  in  New    York,  Albany  and  Schenectady  More 
Effectual  Punishment  Sill : 

Brought  up,  read  and  committed,  1777;  Ordered  3d 
reading,  1780  ;  Passed,  1781 ;  Assembly  acquainted, 
1782  ;  Enacted,  1790. 

Continued  and  amended,  1872. 

Revived,  1992. 

See  LANDS. 

TRINITY  CHURCH  :     See  CHURCHES. 
TRUBE,  ADRIES  :     Naturalized,  506. 
TRYON  :     See  GOVERNORS. 

TRYON  COUNTY: 

Tryon  and  Charlotte  Counties  Freeholders  Voting  Sill  : 
Brought  up  and  read,  1841. 

Tryon  County  Districting  Sill :     Enacted,  1849. 
Johnstown  Court  House  and  Jail  Erection  Sill  : 

Brought  up  and  read,  1860  ;  Committed,  1862  ;  Passed, 
and  Assembly  acquainted,  1863  ;  Enacted,  1873. 

Johnstown  Court  House  and  Jail  Completing  Sill  : 

Brought  up  and  read,  1959  ;  Committed,  1962  ;  Re 
ported,  1963  ;  Passed,  1964;  Assembly  acquainted, 
1965  ;  Enacted,  1990. 

Ferries  Regulation  Sill: 

Brought  up  and  read,  1881 ;  Committed,  1882  ;  Passed, 
and  Assembly  acquainted,  1883  ;  Enacted,  1894. 

Districts  Names  Alteration  Sill : 

Brought  up  and  read,  1881  ;  Committed,  1882;  Passed, 
and  Assembly  acquainted,  1883  ;  Enacted,  1894. 

Old  England  District  Erection  Sill  : 
Brought  up  and  read,  1986  ;     Ordered  3d  reading,  1988  ; 
Enacted,  1992. 

See  ALBANY;  ELECTIONS;  FAIRS;  HIGHWAYS;  WOLVES. 
TUNIS,  GISBERT  :     v. 
TBRNEUR,  THOMAS  :     268,  271. 
TCSCHEMAKER,  Reverend  Mr.  :     Killed,  28. 
TUTHILL,  JOHN  :     43,  93. 
Two  BROTHERS  ISLAND  :     Annexed  to  Queens  county,  12. 


u. 

ULSTER  COUNTY: 

Joined  with  Dutchess  in  electing  a  member  to  the  Assem 
bly,  2;  A  new  writ  ordered  for,  2;  A  force  to  be 
raised  in,  21;  Florus  Crom,  member  of  Assembly  for, 
190. 


2072 


INDEX. 


ULSTER  COUNTY  :  —  Continued. 

Hanten,  or  Jansen,  Patent  Confirmation  Sill: 

Brought  up,  148. 
Representatives   Payment    and   Dutches*    County     Officers 

Election  Sill  : 

Brought  up,  read  and  committed,  358 ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  362 ;  Agreed 
to  by  that  House,  365. 

Rutsen  and  Garritsen  Satisfying  Bill  : 
Brought  up  and  read,   364;     Passed,   and  Assembly 
acquainted,  365  ;     Enacted,  367. 

Case  of  the  inhabitants  who  have  frequently  been  com 
manded  from  thence  to  Albany  for  the  defense  of  the 
frontiers,  without  having  had  any  compensation  for 
their  services,  recommended  to  the  Assembly,  371. 

Constables  Augmentation  Sill  : 

Brought  up,  read  and  committed,  1908 ;  Passed,  and 
Assembly  acquainted,  1909  ;  Enacted,  1910. 

County  House  and  Prison  Repairs  Sill  : 
Brought  up,  read  and  committed,  388  ;     Amended,  and 
Bent  for  concurrence  to  the  Assembly,  389  ;     Agreed 
to  and  further  amended  by  that  House,  389  ;  Enacted, 
395. 

Court  House  and  Jail  Building  and  Sale  Bill  : 
Brought  up  and  read,  620  ;     Committed,  620 ;    Amend 
ed,  and  sent  for  concurrence  to   the  Assembly,   621 ; 
agreed  to  by  that  House,  622 ;     Enacted,  625. 
An  act  passed  for  its  better  explanation  and  more  effect 
ual  execution,  637. 
Supervisors  to  provide  for  the  charge  of  executing  a  negro, 

625. 

Court  House  and  Jail  Building  Charges  Defraying  Bill  : 
Brought  up  and  read,  704  ;     Passed,  and  Assembly  ac 
quainted,  705  ;     Enacted,  712. 

Court  House  and  Jail  Finishing  Bill  : 
Brought  up,  read  and  committed,  899  ;     Ordered  3d 
reading,   900 ;     Passed,   and  Assembly    acquainted, 
901 ;     Enacted,  904. 

Jails  Repairs  Bill: 

Brought  up  and  read,  1063  ;  Committed,  1064  ;  Assem 
bly  acquainted,  1065  ;  Enacted,  1066. 

County  House  and  Jails  Repair,  and   Court  House  Alter 
ation,  Bill : 

Brought  up  and  read,  1572  ;  Committed,  1573  ;  Passed, 
and  Assembly  acquainted,  1574  ;  Enacted,  1583. 

Court  House  and  Jail  Repairs  Sill : 

Brought  up,  read  and  committed,  1868  ;  Passed,  and 
Assembly  acquainted,  1870  ;  Enacted,  1872. 

Court  House  and  Jail  Finishing  Sill : 

Brought  up  and  read,  1958  ;  Committed,  1959  ;  Re 
ported,  1962 ;  Passed,  and  Assembly  acquainted, 
1965  ;  Enacted,  11)91. 

Fox  Hall  and  Memakatting  Assessors  and  Collectors  Elec 
tion  Bill  : 

Brought  up  and  read,  1512  ;  Committed,  1513  ;  Ordered 
3d  reading,  1514;  Passed,  1517;  And  Assembly 
acquainted,  1518  ;  Enacted,  1524. 

Highland  Precinct  Division  Bill  : 

Brought  up  and  read,  1454  ;  Committed,  1456  ;  Passed, 

1457  ;     Assembly  acquainted,  1458. 
Again  brought  up,  read  and  committed,  1487  ;    Passed, 

1488  ;     Assembly  acquainted,  1489  ;     Enacted,  1502. 

Hurley  and  Marbletown  Boundary  Bill  : 

Brought  up  and  read,  424 ;  Counsel  appear  against, 
425  ;  Laid  on  the  table,  426  ;  Recommitted,  428  ; 
Amended,  and  sent  for  concurrence  to  the  Assembly, 
438 ;  Mr.  Phillipse  dissents,  438  ;  Amendments 
agreed  to,  438  ;  Enacted,  439. 

Hurley  and  Marbletown  Boundary  Act  Explanatory  Bill : 

Brought  up  and  read,  457  ;      Trustees  of  Marbletown 

petition  to  be  heard  thereon,  458  ;      Counsel  heard 

thereon,   459  ;        Further    consideration   postponed, 

459  ;      Parties  to  be  heard  thereupon,  465  ;      Counsel 

heard  and  bill  committed,  466 ;     Report,  467. 

Again  brought  up  and  read,  482  ;      Read  2d  time,  483  ; 

Ordered  to  lie  on  the  table,  484 ;     Petition  to  proceed 


ULSTER  COUNTY :  —  Continued. 

thereon,  491;  Committed,  and  parties  ordered  to 
attend,  491  ;  Petition  referred,  496  ;  Affidavit  of 
service  of  the  order  of  the  board  on  the  trustees  of 
Marbletown,  497;  Counsel  notified,  497;  Considera 
tion  postponed,  408  ;  Report  of  committee,  500 ; 
Read  3d  time  and  on  the  question  of  passing,  bill 
rejected,  500. 

Albert  Pawling  and  others,  apply  for  power  to  sell  certain 
tracts  of  land,  574. 

Kingston  Trustees  Election  Regulating  Bill  : 
Brought  up,  read  twice  and  committed,  173 ;     Enacted, 

174. 
Kings/on  Fires  Preventing  and   Night  Watch  Providing 

Bill  : 

Brought  up  and  read,  1968  ;  Committed,  1970  ;  Or 
dered  3d  reading,  1974;  Passed,  1982;  Assembly 
acquainted,  1983  ;  Enacted,  1992. 

Marbletown  Disputes  Prevention  Sill: 

Brought  up  and  read,  1672;  Committed,  1673;  Passed, 
and  Assembly  acquainted,  1675;  Enacted,  1682. 

Newburgh  Precinct  Division  Bill  : 

Brought  up  and  read,  1825  ;  Committed,  1826  ;  Passed, 
and  Assembly  acquainted,  1828  ;  Enacted,  1835. 

New  Paltz  Land  Annexation  Bill : 

Brought  up  and  read,  1963  ;  Committed,  1967  ;  Passed, 
1970;  Assembly  acquainted,  1975  ;  Enacted,  1991. 

Northern  Limits  Settlement  Bill  : 

Brought  up  and  read,  1692 ;  Petition  against,  1693  ; 
Leave  given  to  Council  to  appear  against,  1694  ;  Com 
mitted,  1694;  Counsel  heard  against,  1696  ;  Motion 
for  3d  reading  negatived,  and  bill  rejected,  1698 ; 
Mr.  Smith  dissents,  1699. 

Rochester  and  Marblestown  Constables  Election  Bill  : 

Brought  up  and  read,  1132  ;  Committed,  1133;    Passed, 

and  Assembly  acquainted,  1135;     Enacted,  1145. 
Act  amended,  1763. 

Rosendal  Bridge  Erection  Bill  : 

Brought  up  and  read,  1601  ;  Committed,  passed,  and 
Assembly  acquainted,  1603  ;  Enacted,  1613. 

Rosendal  Bridge  Finishing  Bill : 

Brought  up,  1626  ;  Read,  1631;  Committed,  1633 ;  Pass 
ed,  and  Assembly  acquainted,  1G34;  Enacted,  1637. 

Southern  Precincts  Establishment  Bill  : 

Brought  up  and  read,  784;  Committed,  786;  Title 
amended,  788  ;  Sent  for  concurrence  to  the  Assem 
bly,  788. 

Southern  Precincts  Establishment  and  Supervisors  and 
Assessors  Regulation  Bill : 

Brought  up  and  read,  826 ;  Committed,  827  ;  Passed, 
and  Assembly  acquainted,  833  ;  Enacted,  837;  Sec 
tion  13  amended  and  explained,  1707. 

Walkill  Precinct  Division  Bill: 

Brought  up  and  read,  1837  ;  Committed,  1839  ;  Passed, 
1843  ;  Assembly  acquainted,  1844 ;  Enacted,  1849. 

Supervisors  Annual  Meeting  Alteration  Sill : 

'  Read  and  committed,  1078;  Reported,  1082;  Ques 
tion  of  3d  reading  negatived,  and  bill  rejected,  1082. 
Again  brought  up,  read  and  committed,  1103 ;  Or 
dered  3d  reading,  1104;  Passed,  and  Assembly  ac 
quainted,  1105;  Enacted,  1107. 

A  line  of  blockhouses  recommended  to  be  built  from 
Machackaniak  to  Rochester,  1233. 

Highways  Surveyors  Election  Sill: 

Brought  up  and  read,  1241;  Committed,  1242 ;  Passed, 
and  Assembly  acquainted,  1245  ;  Enacted,  1248. 

Murders  committed  by  Indians  in,  1250,  1307,  1340. 

Trespass  act  extended  to,  1391 ;     Again  menaced  by  In 
dians,  1510. 

Ulster  anil  Albany  Line  Settlement  Bill: 
Brought    up,    read    and    committed,    1908 ;     Petition 
against,  1914;     Passed,  1914;     Assembly  acquainted, 
1916  ;     Enacted,  1928. 

Ulster  and  Orange  Line  Running  Bill  : 
Brought  up  and  read,  1926 ;    Committed,  1928;    Passed, 
and  Assembly  acquainted,  1929  ;     Enacted,  1937. 


INDEX. 


2073 


ULSTER  COUNTY :  —  Continued. 

An  act  passed  to  oblige  the  collectors  more  effectually  to 
collect  and  pay  the  annual  rates,  1992. 

See  AUCTIONS;  DUTCUKSS;  FENCES;  HIGHWAYS;  MILI 
TARY;  SWINE;  TAVERNS;  TKESP  ASSES;  WOODS; 
WOLVES. 

UNDERBILL,  HUMPHREY  :  Summoned  to  appear  at  the  bar  of 
the  Assembly  and  purge  himself  of  contempt,  103. 

UNDERBILL,  JOHN  :     v  ;     Threatens  to  rebel,  vi. 
USIIER,  JOBN  :     xxiv. 
USURY : 

Usury  Restraining  Sill : 

Brought  up,  read  and  committed,  406 ;  Passed,  and 
Assembly  acquainted,  407  ;  Mr.  Phillipse  dissents, 
407  ;  Enacted,  411 ;  Published,  417. 

Six  per  Cent  Clause  Repeal  Sill  : 

Brought  up,  read  and  committed,  427  ;  Recommitted, 
and  amended,  430 ;  Sent  for  concurrence  to  the  As 
sembly,  and  agreed  to  by  that  House,  430  ;  Enacted, 
430. 

See  INTEREST. 


V. 

VAGRANTS : 

Vagabonds  Prevention  Act :     Passed,  xii. 

Vagrants  recommended  to  be  impressed  and  put  on  board 
the  guard  ships  at  New  York,  317  ;  Able-bodied  men 
having  no  lawful  employment,  and  without  any  lawful 
means  of  support,  recommended  to  be  drafted,  318. 

Vagrant  Bill: 

Brought  up,  read  and  committed,  468;  Passed,  and! 
Assembly  acquainted,  469  ;  Enacted,  476. 

Vagrant  Act  Addition  Bill  : 

Brought  up  and  read,  789  ;  Committed,  790  ;  Amend 
ed,  791  ;  Motion  to  pass,  negatived,  792. 

Vagrant  Act  Enforcement  Sill: 

Brought  up,  read  and  committed,   1264 ;     Amended, 
1266 ;     Passed,  and  sent  for  concurrence  to  the  As-  j 
sembly,  1267  ;     Agreed  to  by  that  House,  1268  ;     En-  ! 
acted,  1268. 

See  POOR. 

VALLARDE,  MARY  ELIZABETH  :     Naturalized,  1093. 
VALLARDE,  PIERRE  :     Naturalized,  1093. 
VALLEAU,  JESAIAS  :     Naturalized,  506. 
VAX  ALTS,  ANDREW  :     168. 
VAN  ALTS,  GEORGE  :     168. 
VAN  ALTS,  JOHN  :     168. 

VAN  BAEL: 

Van  Bael  Submission   Confirmatory  Hill  : 

Brought  up  and  read,  1960  ;  Committed,  1962  ;  Pas 
sed,  and  Assembly  acquainted,  1965  ;  Enacted,  1991. 

VAN  BEVERHOUDT,  BERAND  LANOEMACK  :    Naturalized,  1065. 

VAN  BEVERHOUDT,  BERTRAXDT  :     Naturalized,  1065. 

VAN  BEVERHOUDT,  CLAUDIUS:     Naturalized,  1065. 

VAN  BEVERHOUDT,  JOHANNES:     Naturalized,  1065. 

VAN  BEVERHODDT  GLOUDISZ,  JOHANNES  :     Naturalized,  1065. 

VAN  BEVERHOUDT,  MARGARET  :     Naturalized,  1065. 

VAN  BRUGH: 

Van  Brugh  and  Hanscn  Discharging  Bill  : 
Brought  up  and  read,  367. 

Again  brought  up  and  read,  387;  Committed,  388; 
Passed,  and  Assembly  acquainted,  389 ;  Enacted, 
395. 

VAN  BRUNT,  CORNELIUS  :     Member  of  Assembly,  133,  142, 
168,  206,  214,  229,  313,  330. 

VAN  CLECK,  BALTCS  :    337.    See  VAN  KLEEK. 
VAN  CORTLASD,  ACOCST  :    1326. 
260 


VAN  CORTLANDT,  GERTRCDB  :     160. 
VAN  CORTLAND,  JOHN  :     1326. 

VAN  CORTLASD,  PHILIP  :  Empowered  to  hold  certain  pro 
perty  in  fee,  1790. 

VAN  CORTLAND,  PIERRE  :  Member  of  Assembly,  1663,  1667, 
16G9,  1675,  1677,  1691,  1693,  1700,  1732,  1737,  1746,  1767, 
1770,  1773,  1806,  1811, 1H13,  1815,  1823,  1825,  1840,  1842, 
1861,  1868,  1875,  1886,  1888,  1903,  1946,  1948,  1954,  1978. 

VAN  CORTLAND,  STEPHEN  :  Member  of  the  Council,  xi,  xiv, 
xvii-xxiv,  1-155  ;  Sick,  139,  150,151;  Order  respecting 
his  accounts,  158,  159;  His  widow  to  return  certain 
moneys,  160. 

Van  Cort.'and  Executors  Enabling  Bill: 
Brought  up,  read  and  committed,  1264 ;     Amended, 
1266;     Sent  for  concurrence  to  the  Assembly,  1267; 
Agreed  to  by  that  House,  1268  ;     Enacted,  1269. 

Van  Cortland  Property  Tenure  Conversion  BUI  : 
Brought  up  and  read,  1763  ;     Committed,  1764. 
Again  brought  up  and  read,  1781;     Committed,  1782; 
Passed,  and  Assembly  acquainted,   1783  ;     Enacted, 
1790. 

See  CORTLAND. 

VAN  DAM,  RIP  :  Member  of  Council,  176-601,  614-624 ; 
President,  603-612 ;  One  of  the  proprietors  of  the  nine 
partners  patent,  638.  See  GOVERNORS. 

VANDENEEKG,  FRANS  :     Naturalized,  518. 
VAN  DEN  HAM,  HENKICK  :     1031. 

VANDERHEYDEN,  Mr.  :  Reports  outrages  by  French  Indians 
at  Hoosick,  1199. 

VAN  DER  LYN,  PETER  :     Naturalized,  448. 

VAN  DER  VEER,  DOMINICUS  :  Member  of  Assembly,  1309, 
1326. 

VAN  DER  VOOKT,  PETER  :     955. 

VAN  DYCK,  JOHANNES  :     Naturalized,  959. 

VAN  DYCK,  JOHN  :     1934,  1936. 

VAN  ECKLIN,  JOHANNES  :  Member  of  Assembly,  50,  51,  55,  93. 

See  EKLANE. 

VAN  EPE,  JAN  BAPTISTE  :  Brings  a  message  from  Onon- 
daga,  123 ;  Sent  thither,  124. 

VAN  HAEBEN,  ISAAC  :     1031. 

VANHARLINGEN,  JOHANNES  MARTINUS  :     Naturalized,  506. 

VAN  HORNE,  ABRAHAM  :  Member  of  Council,  520-597,  603- 
6.15  ;  Ordered  to  attend  in  his  place,  702 ;  Unable  to 
attend  from  ill  health,  729. 

VAN  HORNE,  CORNELIUS  :  455  ;  Member  of  Assembly,  825, 
842,  851,  863,  868,  869,  879,  894,  900,  901,  906,  912,  919, 
951,  1071. 

VAN  HORNK,  GARRET  :  Member  of  Assembly,  429,  436,  453, 
455,  4S9,  465,  470,  472,  491,  495,  498,  514,  517,  530,  532, 
566,  576,  577,  586,  G18,  521,  622,  639,  644,  664. 

VAN  HORNE,  JOHN  :  Member  of  Assembly,  472  ;  Paid  for 
serving  in  the  Assembly,  495. 

Van  Home  Enabling  Hill: 

Brought  up,  455  ;  Read  and  committed,  456  ;  Referred 
to  the  attorney-general,  457;  His  report  referred, 
459  ;  Bill  amended  and  recommitted,  460  ;  Further 
amended,  and  sent  for  concurrence  to  the  Assembly, 
461 ;  Agreed  to  by  that  House  and  enacted,  461. 

VAN  IXSEN,  DIRCK:     Naturalized,  1682. 

VAN  KLECK,  JOHANNIS  :     Member  of  Assembly,  545. 

VAN  KLEEK,  LEONARD:  Member  of  Assembly,  1667,1676, 
1714,  1716,  1722,  1731,  1737,  1767,  1776,1787,  1816,  1821, 
1825,  1830,  1831,  1858,  1866,  1888, 1910,  1915,  1948, 1951, 
1957,  1968,  1971,  1977,  1979. 

See  VAN  CLECK. 

VAN  Loo,  JOHN  :     Naturalized,  506. 

VAN  RENSELAER,  HENDRICK  :     Member  of  Assembly,  228. 

VAN  RENSELAER,  JEREMIAH  :  Member  of  Assembly,  559, 
574,  583,  584,  586,  589,  597,  604,  624,  633,  643,  680,  695, 
733,  765. 

VAN  RENSELAEE,  JOHN  :    975. 


2074 


INDEX. 


VAX  RENSELAER,  JOHN  BAPTIST  :  Member  of  Assembly, 
828,  853,  861,  899,  909,  922,  949,  1071,  1084,  1103,  1112 
1118,  1264,  1288,  1327,  1349,  1421. 

VAN  RENSLAEK,  KILLIAN  :  Member  of  Assembly,  7, 16,  17, 
93,  99,  124,  127,  181,  192,  193,  200,  203;  Called  to  the 
Council,  205,  207-223. 

Van  Renslaer  and  others  Discharging  Hill  : 
Brought  up,  read  and  committed,  360. 

Van  Renilaer,  Wetsels  and  Schuyler  Discharge  Hill: 
Brought  up  and  read,  401  ;      Passed,  and  Assembly 
acquainted,  402 ;     Enacted,  404. 

VAN  SANTWOORD,  CORNELIUS  :     501 ;     Naturalized,  506. 

VAN  SCHAICK,  LEVINUS:      Member  of  Assembly,  4,11   15 
16,  21,  27,  31,  37. 

VAN  SCHAICK,  SYBHANT  :      Recorder  of   Albany,  sent  on  a 
mission  to  the  Indians,  1199. 

Van  Schaick  Recognizance  Discharge  Bill  : 
Brought  up  and  read,  520  ;     Committed,  521. 
Again  brought  up,  passed,   and  Assembly  acquainted 
522  ;     Enacted,  523. 

Van  Sluys  Land  Disposal  Bill  : 

Brought  up,  read  and  committed,  388  ;      Ordered  to  lie 
on  the  table,  392. 

VAN  SLYCK  :     Member  of  Assembly,  1054,  1055. 

VAN  SOLINGEN,  JOHANNES  :     Naturalized,  476. 

VAN  TAERLINGH,  FLOEIS  :     Naturalized,  506. 

VAN  TAEKLINGH,  JAN  :     Naturalized,  448. 

VAN  TAERLINGH,  NICHOLAS  :     Naturalized,  536. 

VAN  VEGIIT,  NICHOLAS  :     1936. 

VAN  VLECQUE,  ISAAC  :     1142. 

VAN  WYCK,  JOHANNES  :     Naturalized,  637. 

VAN  ZANT,  JOHANNES  :     428. 

VECHTE  (VEIGHT),  GAKRAT  :     142,  160. 

VELDTMAN,  GERTRUYDA  :     Naturalized,  625. 

VELDTMAN,  HANS  :     Naturalized,  625. 

VELDTMAN,  HENDRICK  :     Naturalized,  625. 

VELDTMAN,  MARIA  :     Naturalized,  625. 

VENUS,  PHILIP  :     Naturalized,  1596. 

VERFFLECK,  Mr.  :     12. 

VEKXEZOBRE,  CHRISTOPHER  ABRAHAM  :     Naturalized,  1560. 


VERPLANK,  PHILIP  :  Member  of  Assembly,  644  655  668 
670,  673,  687,  696,  698,  763,  765,  781,  859,  861  865  930 
953,  979,  1008,  1014,  1080,  1084,  1105  1106  1131  1132 

i1™1  i1!-?'  ^  i1^0-  1190'  l201>  ""vSR1  ml; 

1219,  1257,  1258,  1274,  1308,  1309,  1335  134g  '  349 
1361,  1362,  1383,  1395  1421  1428  1430  1435  1443 
1449,  1512,  1521,  1541,  1542,  1551,  1552;  ComnLlner 
P°oint01987  meaSU1'PS  f°r  an  exPedi«°n  against  Crown 

VERPLANCK  SAMUEL  :  An  act  passed  for  admitting  in  evi 
dence  a  deed  of  release  from  Jacobus  Kip  and  wife  to, 

See  NEW  YORK. 
VETCH,  Colonel  SAMUEL  :     Lays  before  the  Legislature  her 

CaTada   27R    TH"*  "  ^m  t0  a"  «xPedi«™  against  | 
Canada,  ^78  ;     Letter  received  from,  325. 

>  UDlimited  as  to 

VEXATIOUS  SUITS  :     See  LAW  PROCEDURE. 
VEDDERLIN,  JOHANNES  :     Naturalized,  637. 
VIELE,  ARSOUT  CORNELISSE  :     124. 

announced  to  the  Legisla- 


VODIREN,  JOHAN  BERNARD  :    Naturalized,  476. 

VOLCK,  JOHANNIS  BURTEL  :     Naturalized,  1652. 

VOLUNTEERS.     See  MILITARY. 

VOOOHT,  WILLIAM  :     Naturalized,  1065. 

VOTES  OP  THE  ASSEMBLY  :     Ordered  printed,  76. 

VOYAGE  FROM  NEW  YORK  TO  ALBANY  :     Time  occupied  by, 

VROOMAN,  ISAAC  :     Member  of  Assembly,  1372   1381   1<JR<? 
1387,  1397,  1400,  1401,  1404,  1412,  1421. 

w. 

WACHTEL,  GEORGE  :     Naturalized,  1462. 
WAGES  :     A  bill  before  the  Assembly  for  regulating,  5. 
WAGGONER,  FSEDERICK  :     Naturalized,  1751. 
WAGGONS : 

Wagon  Ruts  in  Dutchess  County  Regulation  Bill: 
Brought  up,  read  and  committed,  634 ;      Passed   ani 
Assembly  acquainted,  635  ;     Enacted,  637. 

Schenertady,     Orange     Town     and    Ha-oerstraw     Wagont 
Regulation  Bill  : 

Brought  up  and  read,  1971 ;  Committed,  1972  ;  Am 
ended,  1976  ;  Passed,  and  sent  for  concurrence  to 
the  Assembly,  1977  ;  Agreed  to  by  that  House  1977- 
Enacted,  1992. 

WAGHAGHKEMACK  :     Particulars   respecting  the   patent  of 
164,  167. 

WAGHORN,  Widow :      A  committee  meet  at  the  house  of 
9ol,  936. 

WALES,  Prince  of :     His  death  announced  to  the  Legislature 
1068  ;     Address  on  the  occasion,  1072. 

See  ADDRESSES. 

WALLACE,  HUGH  :     Member  of  Council,  1685-1998. 
WALLEY,  JOHN  :     Member  of  Council,  xxiv. 
WALTER,  JOHANNES  FRANCISCUS  :     Naturalized,  625. 


JOHN:      Alderman,   655;     Member  of  Assembly, 

WALTERS,  ROBERT  :     Member  of  Assembly,  xxiv  ;    Member 
of  Council,  117-175,  296-581. 

WALTON,  JACOB  :  Member  of  Assembly,  1661,  1672  1677 
1694,  1695,  1701,  1703,  1716,  1722,  1726  1727'  1729 
1738,  1743,  1746,  1763  1766  r,67  1773  1783  1787 
1802,  1811,  1821,  1825,  1826,  1830  1841  1845  I860; 
1861,  1864,  1868,  1876,  1880,  1884,  1886,  1888  1903 

i.'£  !SS;  I™:  32;  S  1946-  1953:  ""•  1959- 

WALTON,  WILLIAM  :     Member  of  Assembly  (for  New  York) 
1076,  1080,  1086,  1103,    1113,    1116,    1131,    1173,   1196 

i^'  ,aJ-4'  12°9'  1216'  122ti'  1238>  124°  1241  124« 
1264,  1274,  1276,  1287,  1295,  1296  ;  Member  of  Council 
1339-1654. 

WALTON,  WILLIAM  :  Member  of  Assembly  (for  Richmond), 
1115,  1150,  1168,  1170,  1204,  1264,  1309  1331,  1351,  1362 


e,  MO? 


VIRGINIA  : 


frontiers  of  New 


to,  1147  ;    Arms  sent  to  New  York  from,  1198. 
VLB,  JOHN  :     1031. 


WAMPUM  :  A  proclamation  ordered  to  be  issued,  to  render 
current  payments  in,  30. 

WANDALL,  ANDRY  :  Orders  on  the  petition  of,  135  136- 
Case  of,  versus  Richard  Alsop,  argued,  137  ;  Judgment 
reversed,  141. 

WASDALL,  THOMAS  :     137,  141. 

WARD,  EDMUND  :     Member  of  Assembly,  244,  306. 

WARMAN,  MARTHA:    638. 

WARRANTS  : 

Bill  for  apprehending  persons  in  any  county,  on  warrants 
ot  justices  of  any  other  county,  brought  up  and  read, 
1789  '  C°mmitted'  1781  '•  Passed,  1783;  Enacted; 

WARREN,  Commodore  :     Authorized  to  apply  to  New  York 
for  assistance,  885,  888. 

WASHINQTON,  Colonel  :    Defeated,  1160. 


INDEX. 


2075 


WASTE  :     See  LANDS. 

WATSELL,  JOHN  :     Naturalized,  1065. 

WATTS,  JOHN  :  Member  of  Assembly,  1113,  1116,  1120, 
1132,  1134,  1157,  1187,  1190, 1206,  1210,  1216,  1226,  1229, 
1241,  1251,  1258,  1259, 1268, 1274,  1276,  1282,  1295,  1296, 
1309,  1318,  1335  ;  Member  of  Council,  1339-1989. 

WAWAYA.VDA  :     See  MINISSISOK  ;     ORANGK. 

WEAVER,  THOMAS:  Member  of  Council,  157-175;  Col 
lector  of  the  customs,  174;  The  Council  recommend 
him  to  the  lorda  of  trade,  175. 

WEBB,  Captain  :     11. 

WEBB,  General :     The  New  York  militia  desert,  1304. 

WEIGHHOUSE  : 

A  joint  committee  appointed  to  consider  the  affair  of  the, 
10  ;     Recommended  to  be  settled  on  the  crown,  35. 

Weighhouse  Rules  and  Orders  Establishment  Bill: 
Introduced,  32 ;     Sent  to  the  Assembly,  33 ;     A  joint 
committee  proposed,  38. 

Weighhouse  Rates  Bill  : 

Read,  38  ;     Amended,  and  sent  for  concurrence  to  the 
Assembly,  39  ;     Enacted,  39. 
See  REVENUE. 

WEIGHTS  AND  MEASURES: 

Weights  and  Measures  Bill  : 

Brought  up,  read  and  committed,  201 ;  Amended, 
and  sent  for  concurrence  to  the  Assembly,  202 ; 
Further  amended,  202 ;  Amendments  agreed  to,  203  ; 
Enacted,  204. 

WELLES,  SAMUEL  :     987. 

WELLS,  SAMUEL:  Member  of  Assembly,  1868,  1877,  1880, 
1884,1913,1916,1923,1933,  1949,  1956,  1957,  1959,  1966, 
1972,  1985. 

WELLS,  WILLIAM  :     v. 

WELP,  GARRET  :     Naturalized,  1560. 

WENDELL,  JOHN  :     Naturalized,  1682. 

WENHAM,  THOMAS  :     Outlawed,  173.     Member  of  Council, 
205-286  ;     One  of  the  proprietors   of  the   nine  partners  j 
patent,  638. 

See  FRENCH,  PHILIP. 

WENTWOKTH,  General :  Succeeds  lord  Cathcart  in  command 
against  the  Spaniards,  772;  Applies  to  New  York  for 
recruits,  776,  797. 

WESSELLS,  DIRCK  :  Member  of  Assembly,  2,  4,  7,  14,  27, 
30,  36,  37,  44,  55,  81,  90,  93,  169  ;  Commissioner,  360  ; 
An  act  passed  to  discharge,  404. 

WESSELLS,  HENDRICK  :     Naturalized,  904. 
WESSELSE,  JACOBUS  :     Naturalized,  501. 

WESTCHESTER  COUNTY  : 

Overrated  in  proportioning  the  tax,  36;  Complains  of 
inequality  in  taxation,  44;  The  members  from,  absent 
themselves  from  the  Assembly,  101 ;  One  of  them  de 
clared  guilty  of  contempt,  103 ;  Bedford  adjudged  to 
belong  to  New  York,  103  ;  The  defection  of  Rye  and 
Bedford  announced  by  the  sheriff  of,  105  ;  Proclama 
tion  issued  requiring  these  towns  to  return  to  its  obedi 
ence,  106  ;  Bill  introduced  to  tax  unimproved  lands  in, 
161 ;  Letter  of  the  members  of  Assembly  from,  declin 
ing  to  sit  and  vote  in  that  House,  168. 

Actions,  <tc.,  in  the  Court  of  Common  Pleas  Revival  and 

Continuation  Bill  : 

Brought  up  and  read,  930 ;  Committed,  931 ;  Report, 
932 ;  Passed,  and  Assembly  acquainted,  933  ;  En 
acted,  943. 

Applegate  Island  Bridge  Bill: 

Brought  up  and  read,  1958  ;  Committed,  1959  ;  Re 
ported,  1962;  Passed,  1965;  Assembly  acquainted, 
1966  ;  Enacted,  1992. 

Boundaries  Ascertaining  Bill : 

Presented  and  read,  620  ;  Committed,  621 ;  Amended, 
and  recommitted,  622 ;  Further  amended,  623 ; 
Sent  for  concurrence  to  the  Assembly,  623. 


WESTCHESTER  COUNTY  :  —  Continued. 

Westchester,  Orange  and  Queens  Bounds  Ascertaining  Bill  : 
Brought  up  and  read,  1676  ;     Committed,  1679  ;     Pas 
sed,  and  Assembly  acquainted,  1680  ;     Enacted,  1682. 

Court  of  Sessions  Meeting  Alteration  Bill  :     Enacted,  xiii. 

Jail  and  Public  Buildings  Erection  Bill  : 
Brought  up  and  read,  194 ;     Amended,  and  sent   for 
concurrence  to  the  Assembly,  201. 

Court  and  Jail  Locating  Bill: 

Brought  up,  read  and  committed,  455  ;     Passed,  and 

Assembly  acquainted,  456  ;     Enacted,  461. 
An  act  passed  to  fix  the  places  from  whence  the  sheriff's 

mileage  fees  are  to  be  computed,  1015. 

New  Court  House  and  Jail  Bill  : 

Brought  up  and  read,  1345  ;  Committed,  1346 ;  Or 
dered  3d  reading,  1347 ;  Passed,  and  Assembly  ac 
quainted,  1351;  Enacted,  1356. 

Court  House  and  Jail  Finishing  Hill  : 
Brought  up  and  read,  1396  ;     Committed,  passed,  and 
Assembly  acquainted,  1397  ;     Enacted,  1398. 

Court  House  and  Jail  Finishing  Hill ; 

Brought  up,  read  and  committed,  1468  ;  Passed,  1469  ; 
Assembly  acquainted,  1470  ;  Enacted,  1472. 

Supervisors  Increasing  Bill ; 

Brought  up,  read  and  committed,  493 ;  Passed,  and 
Assembly  acquainted,  494;  Enacted,  495. 

Supervisors  Place  of  Meeting  Alteration  Sill  : 

Brought  up  and  read,  896 ;     Committed,  897 ;     Passed, 
and  Assembly  acquainted,  898  ;     Enacted,  904. 

Supervisors  Place  of  Meeting  Alteration  Sill ; 
Brought  up  and  read,  1861 ;  Committed,  1862  ;  Passed, 
and  Assembly  acquainted,  1865  ;     Enacted,  1873. 

Manors  Taxes  Arrears  Payment  Sill ; 

Brought  up,  passed,  and  acquainted  Assembly,    330  ; 

Enacted,  331. 
An  act  passed  for  the  more  equal  assessment  of  ministers 

and  poors  taxes  in,  476. 

£1,606  Tax  Bill : 

Brought  up,  read  and  committed,  1435  ;  Passed,  and 
Assembly  acquainted,  1437  ;  Enacted,  1438. 

£892  Tax  Bill : 

Brought  up  and  read,  1552  ;  Committed,  passed,  and 
Assembly  acquainted,  1555  ;  Enacted,  1560. 

Jlrrears  of  Taxes  Raising  Bill  : 

Brought  up,  read  and  committed,  1691 ;     Passed,  and 

Assembly  acquainted,  1693  ;     Enacted,  1707. 
An  act  passed  to  prevent  persons  selling  goods  at  auction 

in  the  county,  1502. 

East  Chester  Parish  Erection  Bi:l  : 

Brought  up,  read  twice  and  committed,  151 ;     Report 
thereon,  152  ;     Amended  and  sent  for  concurrence  to 
the  Assembly,  154  ;     Agreed  to  by  that  House,  155  ; 
Enacted,  155. 
Fordham  Manor  Sale  Sill : 

Brought  up  and  read,  1136  ;  Committed,  1137;  Amend 
ed  and  sent  for  concurrence  to  the  Assembly,  1140; 
Agreed  to  by  that  House,  1142  ;  Amendments,  1142  ; 
Enacted,  1145. 

Harrisons  Precinct  Independence  Bill : 

Brought  up  and  read,  1915  ;  Committed,  1916;  Passed, 
and  Assembly  acquainted,  1924  ;  Enacted,  1928. 

Miniford's  Island  Drawbridge  Bill: 

Brought  up  and  read,  1978  ;  Committed,  1980  ;  Passed, 
1980;  Assembly  acquainted,  1983 ;  Enacted,  1992. 

Rye  Parish  Church  Repair  Bill.     See  CHURCHES. 

Rykes  Patent  Supervisor  and  Other  Officers  Election  Kill : 

Brought  up  and  read,  1737;  Committed,  1739  ;  Passed, 
and  Assembly  acquainted,  1743;  Enacted,  1751. 

WESTCHESTER  BOROUGH  : 

Mistake  in  issuing  a  writ  for  the  election  of  a  member 
of  Assembly  for  the  borough  of,  381 ;  The  Legislature 
adjourned  to  the  borough  of,  918  ;  Entitled  to  elect  a 
member  of  Assembly,  1981. 


2076 

WESTCHESTER  COUNTY:—  Continued. 


INDEX. 

WHITEMAS,  JACOB  :     Naturalized,  1462. 


WICKHAM,  WILLIAM:  1693,  1694;  Counsel  against  the 
bill  for  settling  the  northern  limits  of  Ulster  county, 
1696. 

WIDERSTEIN,  HENRY  :     Naturalized,  1560. 


Westchester  Sorough  and   Town  Hall  and  Jail  Erection 

Brought  up  and  read,  1491 ;  Committed,  1493  ;  Passed, 
and  Assembly  acquainted,  1494 ;  Enacted,  1502. 

£500  Westchester  Parish  (House  of  Correction)  Tax  Sill :  I  WIEMER,  ANDRIES  :     Naturalized,  1462. 
Brought  up  and  read,  1813;    Committed,  1814;   Passed,] 

1814;     Assembly  acquainted,  1815  ;     Enacted,  1822.  ,  WILD-CATS: 
See   CORTLAND   MANOR;     ELECTIONS;     GAME;     HIGHWAYS  ; 
LANDS  ;      MINISTERS  ;      OBLONG  ;      SWINE  ;      TAXATION  ; 
WILLS;  WOLVES. 

WESTERVELT,  MARGARET  :  The  Assembly  pass  a  resolution 
to  exempt  her  from  the  tax  imposed  by  the  Hawkers 
and  Peddlers  Act,  610 ;  The  Council  non-concur,  610. 

WEST  INDIES  :     Boston    diverts   from  New  York  the  trade 
with  the,  32  ;     The  French  commit  depredations  in,  237. 

WHALES  : 

Drift  whales  claimed  by  the  Crown,  121. 

Frauds  in  Drift  Wliales  Prevention  and  Whale  Fishery 

Encouragement  Sill  : 

Brought  up,  135  ;  Committed,  136 ;  Consideration 
postponed,  136. 

Frauds    in  Drift    Whales  Prevention  and   His   Majesty's 

Right  Securing  Bill: 

Ordered  to  be  prepared,  136 ;  Presented,  read  and 
passed,  138  ;  Sent  for  concurrence  to  the  Assembly, 
139. 

Order  in  the  cafe  of  a  drift  whale    stranded   in  Suffolk 
county,  142. 

Wha'ing  Encouragement  Sill  : 


Foxes  and  Wild- Cats  Destruction  Bill: 
Brought  up  and  read,  410  ;     Passed,  and  Assembly  ac 
quainted,  416 ;     Enacted,  417. 

Wild-  Cats  and  Foxes  Destruction  Reward  Revocation  Bill  : 

Brought  up,  read  and  committed,  497 ;     Passed,  and 
Assembly  acquainted,  499  ;     Enacted,  506. 

Foxes  and  Wild- Cats  in   Queens   County  Destruction  Bill : 
Brought  up  and  read,  045  ;     Committed,  546  ;  Amend 
ed,  and  sent  for  concurrence  to  the  Assembly,  547  ; 
Enacted,  550. 

Wi:d-Cats  in  Suffolk  County  Destruction  Sill : 

Brought  up  and  read,  784;     Committed,  786  ;     Passed, 

and  Assembly  acquainted,  787  ;     Enacted,  795. 
Continued,  904,  1065. 

Wild- Cats  in  Suffolk  County  Destruction  Bill: 
Brought  up  and  read,  1239  ;     Committed,  1241  ;     Pas 
sed,  and  Assembly  acquainted,  1245  ;    Enacted,  1248. 
Continued,  1392,  1560. 
Amended,  1790. 
Revived,  1991. 

See  DEER. 

WILEMAN,  Mr.  :     Deputy  clerk  to  the  Council,  406,  422,  427. 


Brought  up  and   read,   253;     Passed,   and  Assembly  ,  WllKIXS,  ISAAC:     Member  of  Assembly,  1815,  1817,  1825, 


acquainted,  262;     Enacted,  263. 
Continued,  461,  536,  629,  1065. 

Wha'ing  Encouragement  Act  Revival  Sill : 
Brought  up,  read  and  committed,  398 ;     Amended,  and 
sent  for  concurrence  to  the  Assemblv,  399  ;     Enacted, 
400. 
Reenacted,  750. 

See  MULFOHD. 

WHARFAGE  : 
Wharfage  Sill: 

Brought  up  and  rend.  868  ;     Committed,  869  ;     Passed, 

and  Assembly  acquainted,  870  ;     Enacted,  874. 
Continued,  1154. 
Another  wharfage  act  passed,  1248. 


Wharfage  Rates  Bill  : 

Brought  up  and  read,  1521 ;    Committed,  1522;    Passed, 
and  Assembly  acquainted,  1526;     Enacted,  1530.  WILLIAMS   HOPE  • 

Wharfage  and  Cranage  Sill  : 

Brought  up  and  read,  1728:    Committed,  1729  ;    Passed,',-,  , 

and  AssnmWy   acquainted,    1731;      Enacted,   1700;        "-"AMS,  jc 
Amended,  1790. 

See  NEW  YORK. 


1838,  1861,  1S66,  1876,  1S79,  1885, 1891,  1910,  1933, 1946, 
1957,  1978,  1986,  1990. 

WILLET,  EDWARD  :  A  committee  meet  at  the  house  of, 
1190,  1348,  1430. 

WILLET,  JOHN  :     1784. 

WILLETT,  THOMAS  :  Member  of  Council,  1-24,  29,  37,  38, 
40,  52-55,  62,  64,  65,  96,  97,  100,  104,  115. 

WILLET,  THOMAS:  Member  of  Assembly,  160,  179,  181,  199; 
Refuses  to  sit  and  vote,  169  ;  To  be  prosecuted,  170. 

WILLF.TT,  THOMAS  :  Member  of  Assembly,  43G,  449,  453 
457,  467,  473,  514. 

WILLETT,  WILLIAM:  Member  of  Assembly,  160,  194,  206, 
218,  232,  233,  304,  313,  331,  410,  436,  449,  453,  469,  483, 
490,  511,  516,  535,  555,  564,  577,  5SO,  593,  597,  616;  Re 
fuses  to  sit,  169  ;  To  be  prosecuted,  170. 


WHEAT : 

Its  exportation  prohftitod,  13;     Price  of,  32. 

Wtieat  and  Grain  Exportation  Prohibition  Bill: 
Presented    by   the    attorney-general,    and    read,    227; 
Committed,  228 ;      Amended,  and  sent   for   concur 
rence  to  the  Assembly,  228. 

See  EXPORTATION. 
WHITE,  HENKT  :     Member  of  Council,  1685-1991. 

WniTEHEAD,  DANIEL  :  Membei  of  Assembly,  3,  4,  5,  7,  18 
22,  31.  44,  50,  55,  (jO,  92,  93,  124,  126,  136,  140,  152,  154, 
180,  202  ;  Deceased,  222,  531. 


230. 

WILLIAMS,  JOHN  :     230. 

230. 
WILLIAMS.     See  NAMES  CHANGED. 


,  JONATHAN  :     Member  of  Assembly,  222,  228, 
267 ;     Justice,  531. 

Whitehead  Enabling  Bill  : 

Brought  up,  read  and  committed,  314  ;  Amended,  and 
sent  for  concurrence  to  the  Assembly,  315  ;  Enacted, 
317 

Whitehead  Further  Enabling  Bill  : 

Brought  up  and  read,  420  ;  Committed,  and  report 
thereon,  421  ;  Passed,  and  Assemblv  acquainted 
422;  Enaeted,  423. 


William!  Deed  Poll  Voiding  Sill : 

Presented,  230 ;     Committed,  231  ;     Notice  thereof  to 
be  given  to  interested  parties,  231. 

WILL?. 

Probate  Bill  : 

Message  from  the  Assembly  requesting  its  passage,  21 ; 
Read  and  laid  aside,  21. 

Intestate  Estates  and  Probates  Regulation  Bill : 

Brought   up  and  read,  30;     Amended,   31;     Sent   for 
concurrence  to  the  Assembly,  32  ;     Enacted,  34. 

Intestate    Estates    Supervision   and    Probates    Regulation 

Bill  : 
Brought  up  and  read,  131  ;     Committed,  131. 

Intestates  Estate*  Further  and  Probates  Regulation  Bill: 
Brought  up,  read  and  committed,  274. 
Again  brought  up  and  read,  278 ;     Committed,  279. 

Intestate  Estates  Supervision  and  Probates  Act  Extension 

Bill : 

Brought  up  and  read,    1837 ;     Passed,  and  Assembly 
acquainted,  1840;     Enacted,  1849. 


INDEX. 


2077 


WILLS :  —  Continued. 

Bill  granting  New  York,  Kingt,  Richmond,  Orange  and 
Westchester,  Probate  Privileges  Equal  to  other  Coun 
ties  : 

Brought  up  and  read,  161. 
Agaiu  brought  up  and  read,  172. 

Orange  County  Probate  Bill  : 

Brought  up  and  read,  1058  ;  Committed,  1059  ;  Passed, 
and  Assembly  acquainted,  1060 ;  Enacted,  1065. 

WILLSON,  EBENKZER  :  Called  on  to  render  an  account  of 
the  produce  of  the  excise  in  each  town  on  the  island  of 
Nassau,  128;  Does  not  consider  himself  bound  to  render 
such  account  and  is  committed,  129  ;  Petitions  for  the 
refunding  of  certain  moneys,  271 ;  Member  of  Assembly, 
289;  A  manumitted  slave  complains  of,  412. 

Wilhon  and  Hurt  Committal  Sill  : 

Presented  by  the  attorney  general  and  read,  129  ;  Pass 
ed,  130  ;  Sent  for  concurrence  to  the  Assembly,  131 ; 
Parties  comply  with  the  requisition  of  the  Council 
and  are  discharged,  131. 

WINES  :     Duty  on,  435. 

WINKLER,  HERMAN  :     Naturalized,  597,  602. 

WINNE,  PETER  :  Member  of  Asspmbly,  695,  703,  718,  725, 
743  762,  765,  804,  810,  851,  854,  869,  872,  899,  901,  909, 
914,  922,  1105,  1131,  1135,  1150,  1202,  1227,  1238,  1242, 
1264,  1268,  1279,  1287,  1295,  1308,  1326,  1327,  1331, 
1345,  1349,  .1352,  1366. 

WixTHRor,  JOHN  :     Member  of  Council,  xxiv. 

WISNEK,  HENRY  :     Member  of  Assembly,  1383,  1413,  1421, 

1453     1454,   1458,    1470,   1495,   1497,  1512,  1519,  1543, 

1546,   1550,   1572,   1573,    1600,   160],  1604,  1626,  1661, 
1662,   1670,    1677. 

WOLFE,  COENRAEDT  :     Naturalized,  1708. 

WOLFE,  Major-general :     Victorious  near  Quebec,  1379. 

WOLVES : 

Wolves  Destroyers  Rewarding  Bill:     Enacted,  xii. 

Wohes  Destruction  Bill: 
Brought  up  and  read,  16  ;     Enacted,  17. 

Wolves  Destruction  Hill  : 

Brought  up,  read  and  committed,  181;  Passed,  182; 
Enacted,  189. 

Wolves  in  Albany,  Dutches!  and  Orange,  Destruction  Bill : 
Brought  up  and  read,  545  ;  Committed,  546  ;  Amended, 
passed,  and  sent  for  concurrence  to  the  Assembly,  547  ; 
Agreed  to  by  that  House,  548  ;     Enacted,  550. 
Continued,  571. 

Wolves  in  Albany,    Ulster,    Orange,  Dutchess   and   West- 

Chester,  Destruction  Bill  : 

Brought  up  and  read,  617;  Committed,  618  ;  Passed, 
and  Assembly  acquainted,  619  ;  Enacted,  625. 

Wohes  in  Albany  County  Destruction  Bill : 
Brought  up  and  read,   1055  ;     Committed,  1058  ;     Or 
dered  3d  reading,  1059  ;     Passed,  and  Assembly  ac 
quainted,  10UO;     Enacted,  1065. 
Continued,  1392. 
Agaiu  enacted,  1724. 

Wohes   and   Panthers    in   Albany,    Ulster,    Orange   and 
Du/chess,  Destruction  Bill: 

Brought  up,  1951;  Read,  1952;  Committed,  1953; 
Reported,  1960;  Passed,  and  Assembly  acquainted, 
1964;  Enacted,  1991. 

Wolres  in  Dutchess  County  Destruction  Bill  : 
Brought  up  and    read,  443 ;     Passed,   and   Assembly 
acquainted,  446  ;     Enacted,  448. 

Wolves  and    Panthers  in  Dutchess  and    Wolves   in    Ulster 

and  Orange  Counties  Destruction  Hill  : 
Brought  up  and  read,  761 ;     Committed,  762  ;     Passed, 
762;     Enacted,  766. 

Wolves  in  Orange  County  Destruction  Bill: 
Brought  up  and  read,  389  ;     Committed,  391 ;     Passed, 
and  Assembly  acquainted,  392  ;     Enacted,  395. 


WOLVES :  —  Continued. 

Woh'es  and  Panthtn  in  Orange  County  Destruction- Re 
ward  Lessening  Bill  : 

Brought  up  and  read,  828  ;  Committed,  829  ;  Ordered 
3d  reading.  830  ;  Passed,  and  Assembly  acquainted, 
831 ;  Enacted,  837. 

Wolves  in    Orange    County   More   Effectual  Destruction 
Bill  : 

Brought  up  and  read,  1495;  Committed,  1496;  Or- 
deied  3d  reading,  1497;  Passed,  1498;  Assembly 
acquainted,  1500;  Enacted,  1502. 

Wolves  and  Panthers  in   Tryon  County  Destruction  Bill  : 
Brought  up  and  read,  1861;     Committed,  1862;     Or 
dered  3d  reading,  1864;     Passed,  1865;     Assembly 
acquainted,  1866  ;     Enacted,  1873. 

Wohes  in  Ulster  and  Westchester  Destruction  Bill : 
Brought  up  and  read,  160  ;     Committed,  162  ;     Passed, 
and  Assembly  acquainted,  166  ;     Enacted,  171. 

Wohes  and   Panthers   in    Ulster,    Dutchess  and   Orange, 
Destruction  Encouragement  Hill: 

Brought   up,  read  and  committed,   806;     Ordered  3d 

reading,  807  ;     Passed  and  enacted,  808. 
Continued,  1032. 

Revived  and  further  continued,  1145. 
Further  continued,  1392. 

Wolves   and   Panthers   in    Ulster,    Dutchess   and    Orange 
More  Effectual  Destruction  Hill  : 

Brought  up,  read  and  committed,  1542;     Passed,  and 

Assembly  acquainted,  1545  ;     Enacted,  1560. 
Amended,  1682. 

Wohes  and  Foxes  in  Westchester  County  Destruction  Bill: 
Brought  up  and  read,   401  ;     Passed,   and  Assembly 
acquainted,  402 ;     Enacted,  404. 

Wohes   in   Westchester  County  Destruction  Further  En 
couragement  Sill: 

Brought  up,  read  and  committed,  710 ;     Passed,  and 
Assembly  acquainted,  711;     Enacted,  713. 
See  DEER. 

WOOD,  JONAS  :     v. 

WOOD,  LEWIS  :     281. 

WOOD,  THOMAS  :     1966.     See  PETITIONS. 

WOOD  CREEK  :  Letters  and  papers  sent  to  the  Assembly 
from  the  camp  at,  287  ;  Settlements  recommended  to  be 
made  at,  722. 

WOODHULL,  NATHANIEL  :  Member  of  Assembly,  1691,  1692, 
1695,  1697,  1702,  1714,  1728,  1737,  1746,  1759,  1767, 
1771,  1779,  1782,  1802,  1811,  1816,  1817,  1820,  1830, 
1835,  1837,  1858,  1861,  1867,  1877,  1880,  1884,  1889, 
1914,  1946,  1956,  1957,  1958,  1959,  1977,  1978,  1987. 

WOODS : 

The  Legislature  recommended  to  provide  a  law  to  pre 
vent  the  burning  of,  297. 

Woods  Burning  Prevention  Bill : 

Brought  up  and  referred  to  a  committee  of  conference, 
303 ;  Amended,  and  sent  for  concurrence  to  the 
Assembly,  304;  Agreed  to  by  that  House,  304; 
Enacted,  309 

Fires  in  Albany  and  Ulster  Woods  Extinguishing  Bill: 

Brought  up  and  read,  1418  ;  Committed,  1419  ;  Passed, 
and  Assembly  acquainted,  1421  ;  Enacted,  1423. 

Again  enacted,  1613. 

Woods  Firing  in  Suffolk,  Dutchess  and  Livingston  Manor 
Prevention  Bill : 

Brought  up,  read  and  committed,  828  ;  Ordered  3d 
reading,  830 ;  Passed,  and  Assembly  acquainted, 
831 ;  Enacted,  837. 

WOOLRICE,  GEORGE  :     Naturalized,  1708. 
WORKHOUSES:     The  building  of,  recommended,  125. 
WORTMAX,  NICHOLAS  :     1784. 
WREN,  MATHEW  :     v. 
WRIGHT,  ANTHONY  :     230. 

WRITS  PATENT  :  Proroguing  th«  Assembly,  1654,  1655, 
1656,  1684. 


2078 


INDEX. 


WTNKOOP,  CORNELIUS  C. :     1790. 
WYNKOOP,  EVART  :     1693,  1914. 

Wynkoop  Estate   Confirmation  for   Benefit    of    Creditors 

Bill : 

Brought  up  and  read,  1778  ;  Committed,  1779  ;  Passed, 
and  Assembly  acquainted,  1784  ;     Enacted,  1790. 


Y. 


YORASSEN,  HENDHICK  :     v. 

YORK,  Duke  of  :  The  meeting  at  Hempstead  rote  an  address 
to,  v  :  And  his  Council  in  England  make  laws  for  New- 
York,  vi  ;  Concedes  an  Assembly,  ix  ;  His  letter  to  the 
General  Assembly,  x. 


YOUNG,  PKTER  :     Naturalized,  1751. 

YOUNGS,  JOHN  :      iii,  iv,  v,  vi ;  Member  of  the  Council,  xi 
xiv,  xxiv,  43,  44,  47. 


z. 


ZEEGAIRD,  ANDRIES  :     Naturalized,  1462. 
ZENQBR,  JOHN  :     Naturalized,  536. 

ZENGER,   JOHN   PETER  :       Naturalized,    501 ; 
642. 


Imprisoned, 


ZBNOER'S  New  York  Weekly  Journal  :     Proceedings  relative 
to,  637,  641,  642. 

ZlNCKE,  JOHAN  CASPER  I       1246. 


ERR  A.T.A. 


Page.  Line. 

xii,       7,    /or  1863,  read  1683. 

190,  40,    far  Crow,  r«od  Crom. 

202,  39,    for  Birkley,  r^arf  Bickley. 

253,  21,    /or  jkmnty,  read  country. 
481,      2,    far  rejected,  read  committed. 

495,  18,    for  Dusochany,  read  Dusochauy. 

577,  bead,  for  William  Burnet,  read  John  Montgomerie. 


Page. 

Line. 

656, 
2048, 

last, 
12, 

I  for  Cornlius,  read  Corsilius. 

1093, 

38, 

after  sixty,  inttrt  sir. 

1219, 

13, 

for  Lot,  read  Walton. 

1309, 

22, 

for  Walter,  read  Walton. 

1326, 

70, 

for  M  :  Lodge,  read  Ab.  Lodge. 

[ontgomerie. 

1837, 

36, 

for  Davis,  read  De  Wit. 

1870, 

50, 

for  Brugh,  read  Brush, 

NOTE. 


The  19th  Assembly  having  been  dissolved  on  the  25th  November,  1727,  Writs  were  issued  on  the  12th 
February  following,  for  choosing  a  new  one,  returnable  25th  March.  Representatives  were  elected 
accordingly,  but  on  the  22d  of  March,  the  General  Assembly  was,  by  proclamation,  prorogued  until  the 
-f  8th  of  April,  1728. 

All  the  members  elect,  except  two,  appearing  at  New  York  on  the  25th  March  aforesaid,  found  the 
Assembly  prorogued,  the  Governor  declaring  he  intended  to  continue  the  prorogations  until  his  suc 
cessor  arrived,  whereupon  the  said  members  returned  to  their  respective  habitations. 

On  the  6th  April,  the  General  Assembly  was,  by  another  proclamation,  further  prorogued  until  Mon 
day,  the  22d  of  the  same  month. 

Governor  Montgomerie,  having  arrived  at  New  York  on  the  15th  April,  the  Assembly  was  again 
dissolved  on  the  '20th  of  the  same  month,  without  having  ever  met. 

These  facts  are  set  forth  in  the  Journal  of  the  General  Assembly,  I,  573.  As  the  Legislative  Council, 
however,  did  not  meet  or  hold  a  session,  the  case  is  not  recorded  or  mentioned  in  this  Journal,  and 
notice  of  the  matter  has  been  omitted  on  page  563,  as  it  was  thought  best  to  print  the  Minutes  strictly 
according  to  the  record. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

DOCUMENTS  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


MAP   1    T     ,  nm- 

iw'ii.  j  i  1955 

AUG  1  8  1967 

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(C1795slO)476 


General  Library 

University  of  California 

Berkeley