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THE NEW-YORK HISTORICAL SOCIETY

THE JOHN WATTS DePEYSTER PUBLICATION FUND

LV

COMMITTEE ON PUBLICATIONS

ALEXANDER J. WALL

R. HORACE GALLATIN

F. ROBERT SCHELL

COLLECTIONS

or

THE NEW-YORK HISTORICAL SOCIETY

FOR THE YEAR

1922

THE JOHN WATTS DePEYSTER PUBLICATION FUND SERIES

NEW YORK: PRINTED FOR THE SOCIETY

MDCCCCXXHI

OFFICERS OF THE SOCIETY, 1922

PRESIDENT,

JOHN ABEEL WEEKES.

WALTER LISPENARD SUYDAM.

SECOND VICE-PRESIDENT,

WILLIAM CHURCH OSBORN.

THIRD VICE-PRESIDENT,

WALTER JENNINGS.

FOURTH VICE-PRESIDENT,

FRANCIS ROBERT SCHELL.

FOREIGN CORRESPONDING SECRETARY,

ARCHER MILTON HUNTINGTON.

DOMESTIC CORRESPONDING SECRETARY,

ARTHUR CURTISS JAMES.

RECORDING SECRETARY,

STUYVESANT FISH.

TREASURER,

R. HORACE GALLATIN.

LIBRARIAN,

ALEXANDER J. WALL.

EXECUTIVE COMMITTEE

FIRST CLASS— FOR ONE YEAR, ENDING 1923.

J. ARCHIBALD MURRAY, B. W. B. BROWN, JOHN E. STILLWELL, M.D.

SECOND CLASS FOR TWO YEARS, ENDING 1924.

THOMAS T. SHERMAN, HENRY F. DE PUY, WILLIAM DENNISTOUN MURPHY.

THIRD CLASS FOR THREE YEARS, ENDING 1925.

SAMUEL V. HOFFMAN, ARTHUR H. MASTEN, FRANK BRINLEY PORTER.

FOURTH CLASS FOR FOUR YEARS, ENDING 1926.

JAMES BENEDICT, RICHARD HENRY GREENE, ARCHER M. HUNTINGTON.

SAMUEL V. HOFFMAN, Chairman. ALEXANDER J. WALL, Secretary.

[The President, Vice-Presidents, Recording Secretary, Treasurer, and Librarian are members of the Executive Committee.]

THE LETTERS AND PAPERS

OF

CADWALLADER GOLDEN

VOLUME VI 1761-1764

From Gen. Jeffery Amherst

New York 1st January 1761 Sir

I am much obliged to you, for the Copy of your Letter to the high Sheriff of Albany (enclosed in yours of yes- terday) the Contents of which give me the highest satis- faction, and I am hopefull they will have the designed Effect.

My Compliments on this day wait on you, I am with great truth & Regard Sir Your most Obedient Humble Servant Honwe Mr JEFF* Amherst

President Colden

From Gen. Jeffery Amherst

«: New York, 1st January 1761.

Yesterday Arrived here Captain Prescott, One of my Aid de Camps, with Letters from Mr Secretary Pitt, Notifying to me, the most melancholy News of the Death of the Late King, on the 24th October, in the most Sudden manner, His Majesty having appeared perfectly well the day before, and Even that very morning. That His present Majesty was proclaimed the next day; That the Parliament met on the 26th And that the King was firmly Resolved steadily to Support His Allies, and to prosecute the War with the utmost Vigor.

These being His Majesty's Resolutions, altho' I have not as yet received any Commands for the particular Operations which it may be found Expedient further to pursue in this Country, I think it Incumbent on me to give You the Earliest Notice of the King's Intentions, and, at the same time, to Acquaint You, that the Services

2 THE GOLDEN PAPERS— 1761-1764

which still remain to be put in Execution for Compleat- ing the great Object of the War in America, will require the further Aid & Assistance of His Majesty's good & Faithfull American Subjects; Wherefore, I must desire You to be prepared for the immediate Compliance with the King's Requisition for such a Number of Men from Your Province, as shall be thought requisite by His Majesty to Answer the proposed End of procuring a good & Lasting Peace ; which Requisition I doubt not You will receive soon. I am, with great Regard, Sir, Your most Obedient Humble Servant.

Jeff: Amherst. P.S. For Your particular Information I Enclose You the Gazettes of the 26th & 28th October.

Honble Mr. President Golden.

From Gen. Jeffery Amherst

g. New York 7th January 1761.

In My Letter of the 1st Instant, I have made a mis- take in Saying the late King died on the 24th October; His Majesty died on the 25th; the present King was proclaimed the next Day; and the Parliament met the 27th

I am, with great Regard, Sir, Your most Obedient Humble Servant

Honble Mr. President Colden. Jeff: AMHERST.

From William Pitt

q. Whitehall [London] 9 Jan. 1761

The Conde de Fuentes Ambassador Extraordinary from His Catholick Majesty having applied to me in

THE COLDEN PAPERS— 1761-1764 3

behalf of Capt. Antonio de la Rosa, who, after great expence & much loss of time, both at New York & in England, has obtained a favourable Sentence from the Lords Commissioners of Appeal with regard to his Ship the S* Joseph, I have the Kings Commands to Comply with His Excellency's request in recommending the above Captain Antonio de la Rosa to your good offices, & I am to desire that you will give him all the Support & As- sistance in your power in the prosecution of his just Claims, & facilitate by all proper & legal Steps, the Carrying into execution the Sentence of the Lords of Appeal, the King having it much at heart that strict Justice be done to the Subjects of His Catholick Majesty. I am with great truth & regard Sir Your most Obed* humble Servfc

W. Pitt

Cad. Colden, Esqr.

[Indorsed]

Letter from Mr Seet^: Pitt

Relating to Captn Ant° de la Rosa, a Spaniard.

From Gov. Sir Henry Moore [Jamaica West Indies 10 Janry 1761]

Sir

The Collector and Comptroller of the Customs of this Island have laid before me a Charge against Anthony Marshall Master of the Brig General Johnson and John Washington Master of the Brig Phoenix, which charge is supported by the Affidavits of the Comptroller who therein Swears that the above mentioned Vessels were on the 20 Ins1 in Kingston Harbor loaded with French Prize Sugars condemned here; that no Person had given Security to the Receiver General for the Exporta- tion of said Sugar as the Law directs; that the above mentioned Marshall and Washington had cleared out

4 THE COLDEN PAPERS— 1761-1764

without reporting any Prize Sugar, but had made such Reports in the several Offices (as mentioned in the Schedule inclosed) whereby it appears that the said Re- ports were false and contradictory by which means they obtained Clearances thro' the several Offices with an in- tent (as is supposed) to defraud his Majesty of the Duties payable upon Prize Sugars, that this Deponent went with one Duncan Mc Waller on Board the Phoenix & General Johnson and there left Notice (Copy of which Your Excellency will also receive inclosed) with the Commanding Officer on board each Vessel; That the next Morning being the 23d Ins1 this deponent sent one Geo : Collins with full Power to take Possession of the said Sugars in the King's name, who returned and Reported that the said Vessels were sailed out of Kingston Harbour the Night before and gone to Sea, and that they have not since returned.

As there is some reason to Suppose they are destined for some Port in America; Permit me to lay before Your Excellency the above mentioned Extract from the Affidavit of Mr Joseph Sparkes the Comptroller of the Customs here with the other Papers enclosed, and to desire the favour that You will be pleased to give the necessary Orders to the proper Officers in Your Excel- lency's Government to seize the said Vessels and take into Custody the said Masters, that their Proceedings may be enquired into, in order that the fraud may be de- tected and the Duties may be Secured to the King.

I am with regard,

Sir,

Your Excellency's most Obedient humble Servant

H. Moore Jamaica 10 Jan^ 1761

[Indorsed] Mr Moore Gov1" of Jamaica

THE COLDEN PAPERS— 1761-1764 5

From Gov. Francis Bernard gr Boston Jan. 10, 1761

I have this day received from London all the dis- patches for the Governors of the continent containing the necessary orders on the accession of his present Majesty. As these are the duplicates, it is possible that the originals may have arrived at your port. But I think it proper to forward these with all possible expedition. I therefore send not only your packet but those also of all the governments south of you: These I must beg leave to commit to your care, as there is very litle com- munication between this port & the Southern Colonies at this time of the Year. Those to the Governors of New Jersey & Pensylvania you will send by express; and It may be proper to commit those of Maryland & Virginia to the care of Govr Hamilton with a desire that he would forward them by express to Annapolis, or otherwise as he shall see occasion. But this I leave to your consid- eration as possibly you may have an opportunity to send them by sea. Those to the Carolinas & the Bahamas you will send by Sea to Lieut. Governor Bull at Charles Town, unless opportunity should offer to send directly to N Carolina or Providence. Your port will afford more opportunities for this conveyance than any other: and possibly the General may assist you in this.

And now Sr give me leave to congratulate you on a compleat Victory gained by the King of Prussia over Count Daun, in which it is said the latter had 20,000 killed 10,000 taken prisoner & 110 cannon taken with all their baggage. The Gazette has no particulars, but I shall send a paper that has sevral articles of this affair to General Amherst.

I am, with great regard,

Sr Your most obedient humble Servant The bearer has the Gazette with Fra. Bernard

some articles from other papers transcribed. The Honble President Colden

6 THE COLDEN PAPERS— 1761-1764

From Jacob Van Schaick

[Janry 12, 1761] May it please your Honr

In answer to your honrs Letter, I must say I have not known of one Letigious suit carried on against any officer in the Army whilst I have been Sheriff the present actiop io not carryed on by any person in Albany when Lieut. Country rescued himself I applyed to Lord Rollo, when che soldiers were billeted on me I applyed to Lord Rollo, got no Relief When I rec'd Gen1 Amherst letter I applyed again to Lord Rollo, in three days after the Soldiers to the number of Six were taken away, and two Soldiers yet remains billeted upon me. I have received no Satisfaction from Coventry in the affair of the arrest. I would have wrote by the last post to your honr but had no opertunity to see Lord Rollo.

I think it hard where a Gentle11 of the army ows a

Just debt in New York or Else where, when the party

sends me the Kings Writ, that I should become lyable

to that debt, by the officers resistance contrary to Law

I am your honrs most obed* humble Serv*

Jacob Van Schajck Albany Jan1^ 12th 1761

[Indorsed] Sheriff of Albany's Letter

[January 17, 1761]

Proclamation of Accession of George HI by New York Council and Leading Citizens

WHEREAS it hath pleased Almighty God to call to His Mercy Our late Sovereign Lorde King George the Second of Blessed and Glorious memory, by whose De- cease the Imperial Crown of Great Britain, France and Ireland, as also the Supreme Dominion and Sovereign

THE COLDEN PAPERS— 1761-1764 7

Right of the Province of New York ; and the Territories depending thereon, and all other His late Majesty's Dominion in America, are Solely and rightfully come to the High and Mighty Prince George Prince of Wales; We therefore the President of the Council and Com- mander in Chief of this Province and Members of the Council assisted with Numbers of the principal Inhabit- ants do hereby with one full Voice and consent of Tongue and Heart publish and proclaim, that the High and Mighty Prince George Prince of Wales is now by the Death of Our late Sovereign of happy and glorious Memory, become Our only Lawfull and Rightfull Leige Lord George the Third, by the Grace of God King of Great Britain, France and Ireland, Defender of the Faith, Supreme Lord of the said province of New York and Territory depending thereon, and all other His late Majesty's Territories and Dominions in America, to whom We do acknowledge all Faith and Constant Obedience, with all Hearty and Humble Affection, be- seeching God, by whom Kings and Queens do reign, to bless the Royal King George the Third with long and happy Years to reign over Us. Given at the Council Chamber In New York the Seventeenth day of January One thousand seven hundred and Sixty One. God save the King

Cadwallader Colden

Arch. Kennedy

Dan. Horsmanden

RlCHD NlCHOLLS

John Peter Tetard Clerk. David Bostwick Clerk Hens Barclay John Carle Samuel Auchmuty Joans Ritzema Lambertus De Ronde J. Albert Weygand John Cruger J. Johnson

VOL, VI

THE GOLDEN PAPERS— 1761-1764

John Bogert Junr

Phil. Livingston

J. Roberts

Fras: Filkin

Peter Mesier

Nichs Roosevelt

Augt. V. Cortlandt

Benja Blagge

Thos Randall

Corn Roosevelt

James Chambers

Isaac Low

Peter Middleton

David Golden

Jn° Chambers

WM Smith

Jn° Watts

WM Walton

Oliver De Lancey

J. T. Kempe

James De Lancey

WM Smith Jun.

Saml Moore

RT R. Livingston

David Clarkson

BEV: Robinson

P. V. B. Livingston

PR Stuyvesant

Chas W. Apthorp

Alexr Colden

Henry White

Fras Lewis

Chas. Williams

Gw. Banyar

Jas Duane

Jacob Walton

Waddell Cunningham

Theophilact Bache

Thos Hayes

THE COLDEN PAPERS— 1761-1764

Lawrence Kortright John Forster Peter du Bois

From Commissioners of Customs

[February 12, 1761] Sir

Having pursuant to a Warrant from the Treasury- issued our Deputation to John Temple Esqr to be Sur- veyor General of the Northern part of the Continent of America in the room of Thomas Lechmere Esq1 who is thereby Superceded and he having given Security here for the faithfull discharge of his Duty We desire the favor of You to Admit Mr Temple to the said Imploy on his taking the Oaths enjoined by Law and grant him a Certificate thereof to be transmitted to Us, and that You will afford him Your Assistance and Protection as he shall have occasion to apply to You for Putting in Execu- tion the Laws relating to Trade and Navigation We are Sir Your most Obedient humble Servants

H. Pelham, S. Mead Edwd Hooper Custom house London C: Amyand

12thFebruary 1761 His Excellency the Governor of New York

[Indorsed] Letter desiring Mr Temple to be admitted

From Board of Trade

Whitehall [London] Febry 12th 1761 oir,

I am directed by the Lords Commissi : for Trade &

Plantations to send you the inclosed Order of His

10 THE COLDEN PAPERS-1761-1764

Majesty in Council on the 24th of December last, confirm- ing An Act pass'd in the Province of New York in 1759, to impower Justices of the Peace, Mayor, Recorder & Aldermen to try Causes to the Value of five Pounds & under, and for repealing An Act therein mention'd.

I am also directed to send you a Copy of their Lord- ships Representation to His Majesty upon this Act, to the end that you may be apprized of the Grounds and Reasons upon which the Order is founded. I am Sir Your most Obedient humble Servant

John Pownall. Cadwallader Colden Esquire President of the Council of New York

[Indorsed] Secretary Pownal's letter

I

From Gov. Thomas Boone

Perth Amboy [N.J.] Febry 14, 1761 Sir

I this Instant receive yours of the 12th; with a Copy of An Order of Council of the Province of New York, & other Papers seemingly of Moment Enclosed; Your Duty will not Suffer you to Overlook what you Deem a Con- tempt of the Authority of your Government, and mine Enjoins me not to take any step Rashly that may be to the Disadvantage of those Committed to my Charge; And As I am favored with your letter by advice of your Council, it would be the highest Indiscretion in me, not to Avail myself of the opinion of Mine; This Prefaced I can assure you that nothing will give me more Pleasure than an Expeditious Accommodation, & a Settled & durable Harmony betwixt the two Provinces I am Sir with Great Regard

Your most Obedient Servant

Tho: Boone

THE COLDEN PAPERS-1 761-1 764 11

From William Johnson

Fort Johnson 20th Febry 1761 Dear Sir

Your verry freindly letter received some time ago, for which I am extremely oblidged to You, encourages me to trouble you now with an affair which I am oblidged to take notice of, and see Justice done to the Indians in, it is concerning the Sale of their Lands; I know that his Majestys Instructions to his Governour relative thereto (Copy of which, as far as relates to the Indians, was transmitted to me by the Lords of Trade some time ago) are verry full & explicit, and I doubt not in the least of their being adhered to by You, but as there has been & still are abuses & unfair means used with them for ob- taining Deeds for their Lands, which may not, indeed cannot be well cognisable to a Governour. I think it my Duty to give you a hint of it, and endeavour all in my power to prevent their being defrauded, as I am fully sensible that nothing can tend more to alienate their affection & attachment from his Majestys Interest, than the pressing them to dispose of their Lands, & that often by verry unwarrantable means, when at their Castle three days ago, they all expressed their concern, and great uneasiness on that Account, and desired I would write to You, and entreat you not to pass Pattents for any Lands, that were not given, or sold with the consent of their whole Castle as they say that their Bretheren the white People, often make a few of their foolish People drunk, then get them to sign Deeds, while the rest, and those, even whose property it is, know nothing at all of the affair. this I am certain, is contrary to his Majestys Intention as well as to the regulations made in ye Year 1736 on yr Memorial. there are many recent instances to prove their Assertion, but I shall only trouble you with two, viz1 that of Ury Klock, & one Eve Pickard a Mul- latto Woman liveing on the Flatts of Conajohare. the former, about two Months ago, haveing no Lycence that I can learn, did bribe and make drunk a few Indians, and

12 THE COLDEN PAPERS-1761-1764

perswaded them to sign a Deed, which they knew not the purport of, without a Magistrate or Interpreter present, and when the Said three or four Indians got sober, and were told of it, they were ready to hang themselves, and exclaimed greatly against Klock, this and many other base things has he done in that way, wh I shall now not trouble you with, but come to the latter who shewed me a Deed of gift for part of the Indian Flatts, or Lowlands &ca signed but three days ago by three Indians dead drunk, it is dated notwithstanding last September, the three Indians whom she got to sign it, are the drunkenest Rascals in ye whole Castle, and were carried away from a Horse race on the Ice, by Eve Pickards Children to their House wh is a Tavern there made drunk for the above purpose. I spoke to the three Indians next day, who were surprised, and declared they knew nothing of it. I do assure You Sir, that all the Indians of the two Mohawk Castles are more alarmed & uneasy of late, than ever I knew them to be before, occasioned greatly by some bad People telling them things they know noth- ing of, and wh I beleive has never been thought of. I am endeavouring to find out the Persons. I did last Summer punish two Dutch men, for spreading wicked reports among the Indians, and cost me much trouble to convince them of the falsity of them. The dread of haveing their Lands snatched from them, as they call it, without the consent & knowledge of the whole, is, by what I can see, the greatest trouble, and uneasiness they labour under & that, I took a great deal of pains four days ago at their Village, to convince them would not be allowed by the King, nor his Governour. but Ury Klocks reporting among his Neighbours that he had bought of the Livingston Family, that Pattent, which includes their Castle, and planting Lands and which occasioned so much disturbance this time past, added new fuel to the fire, In all my life I never saw People so enraged as they were at it, when they came to inform me of it at my Quarters, and to know whether I knew any- thing of it. on my telling them I had heard something

THE COLDEN PAPERS— 1761-1764 13

of it, & had reason to think it was so, they said, it was such treatment as they could not expect, as a return for the tenderness & severall Services they had from the first Settlement of the Country by White People shown & done them and for their firm attachment to his Majestys Interest, by which they had lost the most & best of their Men, and were ready to Sacrifice the re- mainder in his cause, had it been necessary & concluded it was better for them all to dye at once, than to live in misery, & at last starve, which they foresaw was to be their fate. I desired they would be patient until I en- quired into the affair fully and told them likewise that I expected soon to hear from Home about that, and other Matters, in consequence of what was sent by them to his Majesty some time ago, wherein I did not doubt there would be proper Steps taken, this quieted them a little, but I fear if they are not done Justice to soon, and their greivances redressed, it may turn out a more serious affair than we are apprehensive of. I shall do what I can to reconcile them, and see Justice done, but will want your Assistance; in ye first place, I would be glad to know from You the true state of that affair, or Pattent of Livingston, and yr opinion how I may act most properly therein. when anything new concerning these Matters occurs, I shall take the liberty to trouble you with it. If there be anew Commission of the Peace &ca to be made out in consequence of the Kings Death, I must beg leave to observe, that there are Severall Europeans in Albany, Schenectady and other parts of this County, verry well qualified everry way for Comms3 & I do assure you Sir there never was anything more wanted than a change as there is no Justice to be expected by any Englishman in this County, nor never will, whilst the Bench of Judges & Justices is composed entirely of Dutch, who pride themselves in the appellation, which alone, in my opinion should render them odious to everry Britton. I could give you Sir, numberless Instances, supported by incon- testable Facts, of the partiality, cruelty and oppression of those in authority here, who call themselves Dutch,

14 THE GOLDEN PAPERS— 1761-1764

but as their Characters must be well known to You, from so long a Residence in the Country, I will not intrude on your patience with a detail of them, but conclude with desireing your excuse for takeing up already so much of yr time, and allow me to assure you, that I am most sincerely & respectfully Dear Sir Your most obedient & most Humble Servant

Wm Johnson

The Honourable

Cadwalleder Colden, President

From Gen. Jeffery Amherst

q. New York Sunday 15th March 1761

I have this moment received the favor of your Letter of this day's date, in relation to the Packets you have received for the several Governors, which as you are pleased to ask my advice in, I should think the Dis- patches for & Carolina would be best conveyed by the Greyhound Man of War, those for Maryland & Vir- ginia may be sent by the Post to Philadelphia, to be for- warded from thence by Express, and as it has been cus- tomary, to forward the Packets for the northern Gov- ernors, on the similar occasion, by express, I imagine, you may think it best to pursue the usual method, at this present time I am with great truth and Esteem

Dear Sir

Your most obedient Humble Servant Jeff. Amherst

Honorable Mr President Colden

From Gen. Jeffery Amherst

[Fragment of a Letter]

[March 15th 1761.] Compensation to the Provinces, for the Expences they may be at on this Occasion, according as their respective

THE COLDEN PAPERS— 1761-1764 15

Vigor, & Strenuous Efforts shall Justly appear to Merit. I must therefore, as this Aid of Troops will be imme- diately wanted, Most Seriously recommend it to You, to obtain them from the Assembly without loss of time, & hold them in readiness to March, Wheresoever I may have occasion for them, upon the first Notice You shall receive from Me for that purpose.

I have it also in Command from His Majesty to En- join You to Collect, and Cause to be put into proper Condition all the Serviceable Arms that can be found within Your Province ; for every One of which that shall be brought to the field, & shall not return by reason of being Spoiled or lost in Actual Service I shall pay the usuall allowance of Twenty five Shillings per Firelock.

As it is very Essential to the Services I have in Com- mand from the King, that I should be, as Early as pos- sible, informed of the Resolves of Your Assembly on this head, and of the time that the Troops will be ready; I beg that as soon as You are Acquainted therewith, You will Signify the same to me, that I may regulate Myself Accordingly.

I am, with great Regard, Sir, Your most obedient Humble Servant.

Jeff: Amherst.

[Indorsed] Letter from Gen1. Amherst referring to the Circular Letter relative to the Operations of the Campaign and desiring that the Men to be raised may be ready as early as possible. 18 March, Read in Council.

From Dr. Robert Whytt

Edinburgh March 17th 1761 Sir

Yours of the 15th of April 1760 Came to my hand in July or August; and I wrote you pretty fully in Answer to it in October last, by one Capt: Dow of the Royal American Regiment, who left this place in November, & after going to London was to take a ship for New York.

16 THE COLDEN PAPERS— 1761-1764

As Captain Dow Said he knew you & promised to De- liver my Letter to you, I hope you have received it before this time.

Your Letter of July the 14th 1760, I only received about twenty days ago, Since which, I have again talk'd with our Professor of Mathematics Mr Stuart, and wanted he should have given me in writing his thoughts on the motion of a planet, round the sun upon Sir Isaac Newton's principles, and upon your remarks; but this he declined to do, and said that he had in a few pages, cleared that matter, in a Book intituled Tracts Mathe- matical and Physical, which is Just now in the press & will be published by the month of July next.

Altho we know many things relating to Fermentation & putrefaction & the effervescences of different Substances yet we are greatly in the dark when we push our in- quiries deep into these matters & attempt to run up to their first Cause. At present we See, as it were, only y6 Surface of Nature, and are unable to penetrate into her first movements and many of her Secret workings.

How far a proper knowledge of the Electrical fluid may Contribute to a further knowledge of Fermentation of all kinds I cannot take upon me to say, not having made this matter my particular study.

I am much obliged to Dr Middleton for the two Cases wch by your means, he Sent me, be so good as to return him my hearty thanks and best Compliments, and tell him he will do me a great favour by communicating to me anything Curious in the Medical way; whatever he Sends me I shall Communicate to our Society here, who will receive it, I dare Say with approbation. The two cases already Sent by Dr Middleton, I shall lay before the Society at their first Meeting. The Case on the Empyema is valuable on account of a particular circum- stance, viz. that it is the Clearest proof of the Sensibility of the Pleura in a man, that I have any where met with, & is Sufficient alone, to refute all Holler's Experiments on Dogs.

By a letter which I lately Saw from Van Swieten, he

THE COLDEN PAPERS-1761-1764 17

says the Extract: Cicutce Continues to keep its character at Vienna & that Dr Storck is about to publish a second pamphlet containing more Cures wrought by it. He says they Sometimes have given it to the quantity of two or three drams a day. Nevertheless I am Sure many peo- ple cannot bear 1/3 of the quantity, for fifteen grains of it has affected me with a weakness in my eyes, dim sight, Giddiness & a paralytic debility of my Legs and arms, wch Symptoms went off in a little more than an hours time Van Swieten writes that the Last volume of his Comment on Boerhaaves Aphorisms will be published in April next.

Since I wrote you last, we have lost Doctor Alston our Professor of Botany. From being in perfect health he was taken at once, with a total loss of Memory, Judge- ment & reason, so that he neither knew any body, nor what they Said; yet he retained the power of all his muscles, & could Swallow or walk, & even Speak, but incoherently. After 24 hours he lost the power of Swal- lowing, then became Comatous & died in less than three days from the time he was first Seized.

I am with particular esteem Sir

Your Most humble and most obedient Servant

Robert Whytt P.S. Dr Porterfield received a letter from you in October & wrote to you in November I hope his answer has [reach ]ed you before this time.

From Sir William Johnson

Dear gir Fort Johnson 19th March 1761

Your kind favour of the 7th Curr* 1 had yesterday the pleasure of receiving, and am extremely glad to find thereby that you are resolved to allow of no purchases of Land, but such as are openly & fairly made of the Indians; there certainly is nothing will continue them firmer in their attachment to the Brittish Interest or make them

18 THE GOLDEN PAPERS— 1761-1764

live in stricter freindship with their Neighbours the White People than that, and I shall take the first opertunity of acquainting all the Indians of both Mohawk Castles, Scohare, & Oneida (as they are the People who generally sell Land) of your resolution to see Justice done them, and redress any injuries they may have suffered with regard to Land. You may be assured Sir they shall not trouble you with any complaints (while I have the care of them) that are not well founded.

Mr Livingstons giveing Klock only a Quit claim, car- ries with it a bad look, and shews he did not think his Title good. I am almost certain it is not, from what I have heard old David Schyler say about it, who is one of the Partners, and many more who know a good deal of the affair. The People liveing on Said Land, have for these Several years past, paid their Rent to the Indians uninterruptedly, and they say they will pay it to no other, until it appears to them clearly that the Indians have no right to it, & indeed I cant see they are to blame. Should it come to a Law suit, I think the power would defray the expence, but I should rather imagine that the affair from a proper representation, ought to be deter- mined at Home. I am much oblidged to you Sir, for the regard you are so good to say you will pay to my recom- mendation in the choice of proper officers, should a new Commission Issue dureing your Administration; let me assure You that nothing would give me greater pleasure than a continuation of it in your hands, or induce me to trouble You, or myself in the choice of Civil, officers, but the great necessity there is for it in this part of ye Coun- try, where realy an Englishman stands not the least chance of haveing Justice done him, should his opponent be a Dutchman, which is generally the case, this is so notorious that (were it requisite) numberless Instances could be given to prove what I say. I need not tell you, that I have no connections here, and I dare say no Man could ever charge me with doing a wrong thing out of Nationality, wherefore flatter myself you will attribute my desire of a change (whenever it may happen) to the

THE COLDEN PAPERS— 1761-1764 19

cause already given, as well as to ye Superior qualifica- tions of some People now liveing in this part of ye Country.

As to Mr. Hart wicks affair, or purchase of Land (it being severall years ago) I realy do not remember the particulars, but I know I stood his freind at the time with the Indians, and I think made a bargain with them for him, for one Tract, at which time he passed a Bond or note to them for a Sum of Money, which lyes yet (if I be not mistaken) among my Papers, but for how much I know not, whenever he has a mind to finish that affair, with the Indians, I will assist him, and see that they do what is right.

I had a letter some days ago from Mr Lappius Minis- ter to a Number of People liveing on the south side of the Mohawk River near to Conajohare, also a Petition from his Congregation begging I would write to you for liberty for them to build a Church, being for these several years past oblidged to meet in Barns &ca. they are in Number ab1 600 Souls Old and Young, it is realy shocking to see no Churches in so great an extent of Country, where People who profess Christianity Inhabit. If you approve of it, I shall be glad to have it in my power to acquaint them of it, as it is so earnestly requested.

The Mohawks of the lower Castle all met at my House last Sunday, and made a verry long Haraunge on the want of a Minister, & murmured greatly at the for- mer Ministers leaving them after acquireing enough of their language to read the Service to them. They then in the most earnest manner begged I would write Home their request of haveing a Minister allowed intirely for them & the Conajohares. They at the same time pressed me greatly to acquaint you of their desire that Mr Bar- clay might be allowed the expences he was at, building a House on the Land they gave him formerly, so as it may ever remain a glebe for the use of a Minister who serves them. I beleive Mr Barclay did formerly offer and I dare say would now give up his right to sd Land for so good a purpose, on that condn. I heartily wish Sir, it could be

20 THE COLDEN PAPERS— 1761-1764

settled so, as it would make the Indians verry Happy in their mind & be the means of civilizeing them. By this post, I have wrote to Mr Banyiar, and desired him to present you a Petition in behalf of myself & thirty Nine Inhabitants of the Mohawks Country, for a Lycence for a Tract of Land near Conajohare, on the North Side of the Mohawks River. The Indians of that Castle, did last December send for me, and in a full meeting of all their People Old & Young, & in the presence of a Justice &■ Interpreter make me and my Associates (for certain considerations) a gift of said Tract, and executed a proper Deed of Gift for the same with unanimous consent & likeing. I am sensible it is not agreable to the present method of purchasing Lands, yet, as I before observed, as it was the unanimous Act of the whole, (wh I look upon to be the cheif thing intended by his Majesty's In- structions in ye purchase of Lands) I hope it will be al- lowed, and a Lycence granted me & Company, so that I may have it Surveyed as soon in the Spring as possible. It appeared extremely odd to me, when I heard, that after it was known, that the Indians had made me such a Deed of gift, that some Gentlemen at New York did notwithstanding, petition for Lycence to purchase ye same Tract. This, I must say was not acting generous. However, I am certain the Indians will never be got to Sell it to others for any consideration after giveing it to Us in so Solemn & formal a Manner as never was before known in any case. & I flatter myself, that, (for a mistake in the form or manner of our proceeding in this Affair as long as the Indians are all satisfied, & well contented) you and the gentlemen of the Council will not make any difficulty in granting our Petition, especially as we are determined to Settle a Number of People on the Land directly. I hope you will be good enough to excuse my trespassing so much on your patience and beleive me with the greatest respect, Dear Sir Your most obedient & most Humble Servant

The Honble Cadwallader Colden Esqr. Wm JOHNSON

President

THE COLDEN PAPERS— 1761-1764 21

From Gen. Jeffery Amherst

a. New York, 21st March 1761

Sir,

WHEREAS Sloops and other Vessells as well as Car- riages are frequently wanted to Transport Troops and stores for the Kings Service to the City of Albany and the Jerseys ; and that frequent Difficulties have arisen in obtaining the same, so immediately as was requisite; I must beg the favor of You to Grant to Lieut. Colonel Robertson Dep: Qr Mr General in this District, a War- rant, authorizing him from time to time, as they shall be wanted, to Impress any Sloops, Vessells, or Carriages into His Majesty's Service for the purpose aforesaid, he paying the Usual freight or hire for the same; And you may be Assured that this authority shall not be misap- plied, but only made Use of, where the Exigencies of the Service shall Make it Necessary.

I am, with great regard, Sir, Your most obedient Humble Servant

Jeff. Amherst

Honble Mr. President Colden.

From Gov. Francis Bernard

gr Boston. Mar. 21, 1761

I am favoured with yours of the 15th & am obliged to you for the notice you give me of the Tamar's being to return in 3 weeks. I shall get my letters ready, so as to send to New York the week after next; which I hope will be time enough, as I have dispatches of consequence to Send that I can't trust to an unarmed Ship. I must desire you to inform the Captain of the Tamar, that He will have my packet on or before the 5th of April. I am, with great regard.

Sr Your most obedient humble Servant

Fra. Bernard

The Honble Cadw. Colden Esq

22 THE COLDEN PAPERS-1761-1764

From Gov. Benning Wentworth

Portsmouth [N. H.] March 23d 1761 Sir

I return you my thanks for dispatching my public letter recieved by the Tamer, and shall be glad of re- turning the favour. I am hopeing his Majestys resolu- tion to Carry on the war in North America, which must be known to the Court of France, may be a means to bring the French King to terms of peace, & thereby pre- vent the Intended Levies in the Provinces. I am with great truth & Esteem Sir

Your Honors Most obedient & humble Servant

B. Wentworth

The Honble Cadwallader Colden Esqr

From Gen. Jeffery Amherst

New York 25th March 1761. Sir,

Colonel Corsa has this moment put into my hands Your favor of this Day, in relation to the billetting money due to the New York Forces for last Campaign, & which has been stopped by the Dep : Qr Mr General to make good the Arms that have not been returned by those Men.

I must hereupon beg leave to Observe to You, that the Number of the Kings Arms which were heretofore lost by the Provincial Troops, made it necessary, in Order to put a timely stop thereto, to Issue an order that all the Arms delivered out of the King's Stores, unless proved to have been lost in Actual Service, should at the End of the Campaign be forthcoming, and in Default thereof that the Officers Commanding Corps should be Answerable for the same: Notwithstanding this, all the Provincials in General Missed Several at the end of the Campaign but None More so, than the Yorkers, who

THE COLDEN PAPERS-1761-1764 23

suffered the Men to Carry away their Arms, in so Much that I was Obliged to post Centinels at the Several Out- lets to Stop & take them away, and indeed without this there would be Many More wanting. To remedy this Evil for the future I was obliged to Cause My Orders to be put into Execution, and in Consequence thereof, I Directed the Dep: Qr Mr Gen1 to stop the Amount of those Missing Arms out of the Billetting Money which was to be paid so soon as those Arms were restored; It has accordingly been Stopped, and there is no receding from it in favor of the Province of New York, without evident partiality, at which all the other Provinces would with Justice take Umbrage unless they shared in the favor, the result of which would be that His Majesty's Ordnance would Soon be without a Single firelock.

With regard to the method You propose of finding out and recovering those Missing Arms, I can have No Manner of Objection to it, but it Must be a Deed of Your own, in which You will be not only Justifiable but You are Invited to, by Mr Secretary Pitt's Letter wherein he Desires that You would Collect, and Cause to be put in repair, all the Arms that can be found within the Prov- ince.

1/ Colonel Robertson is the Dep : Qr Mr General who has made these stoppages, and as You may be Desirous of having Some further Information from him on that head, I shall Direct him to wait on You.

I am, with great Regard Sir,

Your most obedient Humble Servant

Jeff: Amherst.

Honble Mr. President Colden.

From Gen. Jeffery Amherst

Sir New York, 28th March 1761.

I am to Own the receipt of Your fcvor of Yesterday, with the Resolves of the Assembly; I am at the same

24 THE COLDEN PAPERS-1761-1764

time to Express My Surprise at not finding it Con- formable to His Majesty's Requisition ; Mr Secretary Pitt has Urged the Necessity of raising two Thirds of the Number of Men the Provinces voted last Year so Strongly that I am at a loss how to account for the Assemblys diminishing that Number and proposing only Fourteen Hundred. So much depends on their resuming this business & granting the full Numbers Demanded, that I must beg of You to Summon them to a Compli- ance; I am Sure that from the past Zeal of this Province, they would be Sorry to be Accessory to any failure of the Intended Operations, & how can they be properly Carried on, if the Force Should not prove adequate to them, which Must be the Case if Your Assembly does not alter their Resolves, since from them, the rest of the Provinces will doubtless take Example, & Claim them as their precedent, for not obeying the King's Commands; A Reproach I am certain they would blush to merit; I trust therefore that they will Recollect themselves, & that they will not only vote the Numbers requested by the Secretary of State's Letter but that they will Enforce the Means of raising those Men. I am, with great Regard, Sir, Your most Obedient Humble Servant,

Jeff. Amherst .

Honble M1 President Colden.

From Gen. Jeffery Amherst

New York, 3d April 1761. Sir,

At the same time that it gives me pleasure to know that the Assembly has at last agreed to make provision for Levying & paying Two Thirds of the Men that were raised last Year; it gives me concern that they have not Yielded to what was further required of them; their re- fusing to put in the Clause of Impress, & Limitting the

THE COLDEN PAPERS-1761-1764 25

Service of their Levies to the 1st of November, are both likely to be attended with great Inconveniences to the Service ; and yet I am persuaded that Nothing has been left undone by You to remove the one and the other; this same Zeal makes me flatter Myself that when You meet them again at the time appointed, You will be more successfull, and be able to prevail on them to agree to the Clause of Impress, and to Lengthen the time of Service.

I am, with great Regard, Sir, Your most Obedient Humble Servant.

Jeff. Amherst

Honble Mr President Colden.

From Board of Trade

[Copy]

Whitehall [London] April 14th 1761. Sir,

I am directed by the Lords Commissioners for Trade and Plantations to send You the inclosed Copy of a Pe- tition presented to their Lordships by Mr John de Noyelles, late one of the Fifty Foreign Officers which engaged in His Majesty's Service in North America, under the Authority and upon the encouragement of the Act of Parliament of the 25th of His late Majesty.

As these Gentlemen did in the most generous manner engage their Lives and Fortunes in His Majesty's Service, their Lordships think they were justly entituled to the Countenance, Protection and Support of Government, in every part of His Majesty's Dominions; it was therefore a great concern to them to receive a Complaint of such a Nature as that contained in Mr de Noyelles's Petition.

It is not their Lordships intention at present to give any Opinion upon the propriety or impropriety of the practice which has long prevailed in the Province of New York of Naturalizing persons by Act of the Legislature there, but as they apprehend that such Naturalization

26 THE COLDEN PAPERS— 1761-1764

has seldom or ever been refused to any persons upon a proper application, their Lordships are at a loss to guess at, and it is their duty to desire to be informed of the motives which induced the Council to reject the Bill, which Mr De Noyelles alleges had passed the house of Representatives for his Naturalization.

Their Lordships are unwilling to believe that the Councils Rejecting the Bill could have been founded upon such motives as Mr de Noyelles suggests in his Petition; but whatever the Causes were that produced the effect, the situation of the Petitioner, under the Circumstances he Mentions, appears to their Lordships to be attended with great hardship, and to claim every relief which it is in the power of Government to afford him, and as their Lordships observe that Letters of Denization have heretofore been frequently granted upon particular occasions by Governors of the Planta- tions, they see no cause why this power may not be properly exercised by you in the case of Mr de Noyelles, provided it be done consistent with those regulations and under those restrictions which are prescribed in an Order of Council made in the Year 1699, with respect to Letters of Denization in the Colonies, a Copy of which Order I am directed to inclose to you. I am with great regard,

Sir,

Your most Obedient and most Humble Servant

John Pownall

Cadwallader Colden Esqr y*

[Indorsed]

Letter from Bd of Trade

respecting John De Noyelles

Cadwallader Colden* s Commission as Lieut. -Governor

George R ^ 14> 17611

GEORGE the Third, by the Grace of God, of Great Britain France and Ireland, King Defender of the Faith &ca To Our Trusty and Well beloved Cadwallader Colden Esquire GREETING. WE, reposing especial

THE COLDEN PAPERS— 1761-1764 27

Trust and Confidence in your Loyalty, Integrity and Ability, do by these Presents constitute and appoint you to be Our Lieutenant Governor of Our Province of New York and the Territories depending thereon in America, in the room of James Delancey Esquire deceased. To have, hold, exercise and enjoy the said Place and Office during Our Pleasure, with all Rights, Privileges, Profits, Perquisites and Advantages to the same belonging or appertaining. And We do hereby authorize & require you to exercise and perform all and singular the Powers and Authorities contained in the Commission and In- structions given by His late Majesty Our Royal Grand father, to Sir Charles Hardy Baronet late Captain Gen- eral and Governor in Chief of our said Province, untill the Arrival there of such Person as We shall appoint to be Our Captain General and Governor in Chief of Our said Province and the Territories depending thereon. And further, in case of the Death or Absence of such Captain General and Governor in chief, so to be ap- pointed by Us, now & for the time being, We do hereby authorize you and require you, to exercise and perform all and singular the Powers & Authorities contained in Our Commission to such Captain General & Governor in Chief, according to such Instructions as he shall have received from Us, and such further Orders and Instruc- tions as he or you shall or may hereafter receive from Us. And We do hereby command all & singular Our Officers, Ministers & loving Subjects in our said Province, and all others whom it may concern, to take due Notice hereof, and to give their ready Obedience accordingly. Given at Our Court at S* James's the fourteenth Day of April 1761 in the first Year of Our Reign.

By His Majesty's Command

W. Pitt

Cadwalladek Colden Esquire to be Lieu1 Govr of New York

Secretary's Office New York 10 August 1761 Recorded

In this Office in Lib. Letters Patent under the Broad Seal

of Great Britain. ^ -r, ^ 0 , ,

Gw. Bantar D. Secttry

28 THE COLDEN PAPERS— 1761-1764

From Board of Trade

Whitehall [London] April 28th 1761. Sir,

His Majesty having been graciously pleased by Com- mission under the Great Seal of Great Britain to con- stitute and appoint Us His Commissioners for promoting the Trade of this Kingdom, and for inspecting and im- proving His Majesty's foreign Colonies and Plantations, It is Our Duty to acquaint you therewith, and to desire that you will, from time to time, give us frequent and very full information of the State and Condition of the Province, under your Government, as well in respect to the administration of Government and Justice, as to the Trade and Commerce thereof; and that you will also regularly and punctually send us the several Papers re- quired by His Majesty's Instructions to you to be trans- mitted and to the end that We may be the better enabled to form a true Judgment of the present State of the Province under your Government, We must desire your speedy Answer to the several heads of Enquiry herewith transmitted to you, and that you will every Six Months make a return thereto, that we may be from time to time apprized of any alterations which may happen in the Circumstances of the Province. We are, Sir, Your most obedient humble Servants, Sandys soam jenyns Ed: Bacon Edmond Thomas Geo: Rice

[Indorsed] Letter from Board of Trade

THE COLDEN PAPERS— 1761-1764 29

Cadwallader Colden to Gov. Thomas Boone [Copy]

New York 4 May 1761 Sir

The Merchants of this City, having in their late Losses, severely felt the want of a Light House at Sandy Hook, presented a Memorial to me on the Subject, which by the Advice of his Majesty's Council, I laid before the Assembly, that they might make Provision for a suitable Edifice with its proper Conveniences. They very readily came into the Measure and I have now the Pleasure to inclose you Copies of their Resolutions with the Mem- orial and my Message accompanying it.

As the Soil most proper in point of Situation lies within the Limits of New Jersey, I had not thought of urging the Matter, ere I imparted it to your Excellency, but the Difficulties which have hitherto attended the Attempt in our own Province, where it has been formerly debated, laid me under the Necessity of consulting their Sentiments before I suggested the Design to your Gov- ernment.

Unfortunately the Resolutions of our Assembly came too late to be communicated before the Recess of yours, and my own Indisposition having till very lately, pre- vented me from attending to it, I hope you will find means to avert the ill Consequences of any Delay, by prevailing with Mr Hartshorne to accept of a reasonable Consideration for the spott of Land. But if, on the con- trary he shall insist on a Sum which you shall think Exorbitant, I must agreable to the sense of the Govern- ment, desire you will be pleased to recommend it to the Branches of the Legislature to interpose their authority, in order to enforce a Complyance with what seems so just and equitable in itself.

The Interest of both Provinces is so nearly connected with the proposed undertaking, that I persuade my self they will do every thing to remove all Obstacles to its

30 THE COLDEN PAPERS— 1761-1764

Success and that you will co-operate with me in your Endeavours to Effect as speedily as possible a Work so highly necessary and which must be so extensive in its good Consequences. His Excellency Governor Boone

[Indorsed] From L1 Govr Golden to Governor Boone on the Subject of a Light House [at Sandy Hook]

From Commissioners of Customs

[May 5th 1761] Sir

Having by the Inclosed to Mr Temple Surveyor Gen- eral of the Northern part of the Continent of America acquainted him that We have Pursuant to a Warrant from the Treasury issued our Deputation to Lambert Moore Esquire to be Comptroller of the Customs at New York We desire the favor of You hr case of Mr Temple's absence to Admit Mr Moore to his duty on his executing the Bond inclosed in the Letter to the Surveyor General and taking the Oaths enjoined by Law and grant him a Certificate thereof to be transmitted to Us. We are

Sir Your Excellency's most Obedient humble Servants Enwd Hooper B. Hotham S. Mead H. Pelham Custom House London 5th May 1761

His Excellency the Governor of New York

[Indorsed] Commissrs of the Custom Lambert Moore Esq qualified & admitted Aug 26th 1761

THE COLDEN PAPERS— 1761-1764 31

From Peter Collinson to David Colden

Lond [on], May 7: 1761

I have the pleasure to tell my obliging F^ David Colden that his Seeds are Comeing Up If a Retirement into the Country should give you Leisure Such another Cargo will be very Acceptable.

Your Letter with your Electrical Papers & your Good Fathers principia I Deliver'd to Mr Cantion in 3 or 4 Weeks He return'd them to Mee & gave Mee expecta- tion He would write to you but He told Mee He could not verifye your Experiments because He could not understand your Fathers principles

I can only add that I am your obliged Frd

P. Collinson

[Indorsed]

For Mr David Colden in New York

Collinson

From Gov. Thomas Boone

P[erth] Amboy [N. J.] May 11th 1761 Sir

I Received the favour of yours relative to Mr Harts- horne & Immediately wrote to him on the Subject of your letter, Since which I have not heard from him; I have now in my turn a favour to Request of you ; Intel- ligence has been given me that a Vessell in this harbour has broke Bulk & put several Casks of Spirits on board a Boat Vaudrile Master, which Commodities & Ves- sele I am informed are Seized in your Province, this & other Circumstances, have induced me to make In- quiry, to Cause Examinations to be taken of the Master & Mate, & to put an officer on Board the Vessell, & I must Request of you in order to Procure the fullest light into this transaction where the Crown is so materially Concerned, where the fair trader is so seriously preju-

32 THE COLDEN PAPERS-1761-1764

diced, to Examine in Council the said Vaudrile, or if your Health is not Sufficiently Established to Cause him to be Examined, and an Authentick Copy of his Examination to be transmitted me & you will very much oblige

Sir Your most Obed* & most Humble Servant

Tho: Boone P.S. The original Examination will be most Acceptable,

especially as you can have no use for it.

[Indorsed J Govr Boone's Letter

From Sir William Johnson

Fort Johnson May 12th 1761. Dear Sir

It gives me great satisfaction to hear by my Brothers letter that you have recovered from your late indisposi- tion. I therefore could not omit the first opportunity of congratulating you thereon, and wishing you a con- tinuance of health and prosperity.

Your kind offer in a former letter of favouring my recommendation in case of any civil vacancys in this Province, I shall allways esteem as a proof of the sincerest friendship, and, at present encourages me to represent to you, that as the vacancy of a Sherriff for the City, & County of Albany must shortly happen, from the lan- guishing state of Mr Vanschaack, I beg leave, (if that place is not allready promised) to recommend the bearer Capt. Ferrall to your consideration, a Man of a good character, and estimation in Albany, and in whose in- tegrity you may safely confide, for a f aithf ull and upright discharge of his duty in that station. If he has the good fortune to be approved of and succeed to that employ- ment, I shall esteem it as a particular favour done me.

I troubled you sometime since with a Letter concern- ing some Land which I was about taking up, & which I presume your late indisposition prevented you from

THE COLDEN PAPERS— 1761-1764 33

answering, but as you are now so happily recovered I hope shortly to be favoured with your thoughts thereon I am with the greatest respect, & sincerity Sir Your most obedient & most Humble Servant

Wm. Johnson

The Honourable Cadwallader Colden Esqr

From Dr. Robert Whytt

Edinburgh May 14th 1761 Sh- in October last, I wrote you fully in answer to two letters, which you did me the honour to Send me before that time. Captain Dow of the Royal Americans was entrusted with this letter which I dare Say you have got before this time.

In the Beginning of March I was favored with yours Inclosing two Cases from Dr Middleton of New York, and wrote you in Answer to it by a young Gentleman, who was going to Maryland, and promised to put my letter to you into the Post Office of Philadelphia.

In this last letter I acquainted you with the Death of Dr Alston; in whose place there is lately appointed one Dr John Hope a Physician of this place who has had from his youth a turn for Botany. Doctor Hope would think himself great obliged to you if [you] would be so good as to furnish him with Such of your American Seeds, as are least Common in Scotland; and is to pre- sume so far, as to write you on this Subject.

I have lately perused an Answer, by Dr Haller, to my observations on ye Sensibility and Irritability of ye parts of animals. This piece is contained in a 4th Vol: which Haller has Collected on this Subject, & in which he has given a general answer to the other writers against him. In these two pieces Haller has lost all temper, abuses almost every one who has wrote against him, and is

34 THE COLDEN PAPERS— 1761-1764

Guilty of many gross misrepresentations and much Cavilling. I have drawn up a short answer to him Con- taining a review of the principal points in debate be- tween us, which I shall publish soon as an appendix to my observations on Sensibility &c. This Appendix I shall Send you a copy of Towards the Autumn. I have used the freedom to Insert in it, a paragraph of your Letter to me dated April 15th 1750, Concerning the differ- ent manner in which the Soul may be Supposed to per- ceive or to act in the Sensorium, and in the nerves or parts, when their Communication with the Common Sensorium is Cut off. I am with real regard Sir Your most humble and obedient Servant

Robert Whytt P.S. I hope our Philosophical Society here will be thinking of publishing a 3d vol: before next year at this time

King's Orders in Council

AT THE COURT AT ST. JAMES'S

the 15th day of May 1761

PRESENT.

THE KING'S MOST EXCELLENT MAJESTY

Lord President Viscount Falmouth

Lord Privy Seal Viscount Barrington

Duke of Rutland Lord Berkeley of Stratton

Lord Steward Mr Vice Chamberlain

Earl of Shaftsbury Sir John Rushout

Earl of Cholmondeley Charles Townshend, Esqr,

Earl of Bath Robert Nugent, Esqr,

Earl Cornwallis Sir Francis Dashwood Earl of Thomond

WHEREAS there was this Day laid before His Majesty at this Board, an Order made by His late Majesty in

THE COLDEN PAPERS— 1761-1764 35

Council, bearing date the 11th day of March 1752, con- taining several Rules and Regulations relating to His Majesty's Colonies and Plantations in America, particu- larly with respect to the Nomination of Governors, Lieutenant Governors, & other Officers and Magistrates, by the Lords Commissioners of Trade and Plantations, and likewise to the Correspondence to be carried on between the said Lords Commissioners and the Gov- ernors of the said Colonies and Plantations respec- tively:— His Majesty taking the aforementioned Order into His Consideration, is hereby pleased, with the Advice of His Privy Council, to revoke and Repeal the same in every part, except that which relates to the Cor- respondence to be carried on between the Lords Commis- sioners for Trade & Plantations, and the Governors of His Majesty's Colonies, which is still to be carried on in the same manner prescribed by the Additional In- struction, which was directed by the above Order in Council of His late Majesty of 11th of March 1752 to be prepared and sent to the Governors of all His Majesty's Colonies and Plantations respectively. And His Majesty doth hereby signify His further pleasure, that the Lords Commissioners for Trade & Plantations do Cause a Copy of this Order to be entered upon the Books of the Plantation Office; And that one of His Majesty's Prin- cipal Secretaries of State do cause Copies thereof to be sent to the Governors of His Majesty's Colonies and Plantations in America, to the End that all Persons con- cern'd, may govern themselves accordingly

W. Blair

[Indorsed] Order of Council

1128469

From Robert Wood

Whitehall [London] 28 May 1761 Sir

I am directed by Mr Secretary Pitt, to transmit to you the inclosed Copy of an Order of Council of the 15th

36 THE COLDEN PAPERS— 1761-1764

Ins* for your Information, and in order that you may govern yourself accordingly.

I am, Sir Your most Obedient humble Servant

Robt Wood Govr of New York

From Gov. Thomas Boone g. P[erth] Amboy [N. J.] June 3d 1761

I before acquainted you of my having wrote to Mr Hartshorne, agreable to your Request ; this morning only I received his Answer a Copy of which as well as of my letter to him I now Enclose you: If upon a Perusal of it you should think an application to the Assembly of this Government adviseable to obtain your purposes you may depend on my assistance, but to me a private Con- tract seems most Preferable, and even practicable, for I much doubt whether our Representatives, having little or no Concern in trade will Interpose to deprive one of their Country men that they are partial to, of property he is averse to parting with, in favour of a Province whose flourishing trade they may be Jealous of. I am Sir with great Regard Your Honour's

Most Obed1 Humble Serv1

Tho: Boone

From Gov. William Bull q. Charlestown" [S. C] June 6, 1761.

I have deferred writing to you for some time in hopes of sending you some agreeable news concerning the Operations and Success of our Army against the Chero- kees, but their motions have been so much retarded by excessive Rains, that they could not reach Kecowee be- fore the 27th of last month. I am now in expectation of

THE COLDEN PAPERS— 1761-1764 37

hearing daily from thence, but nevertheless shall not longer delay the pleasure of writing to you.

I say nothing of the destruction which our fleet re- ceived from the Impression of an Hurricane of only 1/3 of a minute, wch is described in our Gazettes.

The Ease & Happiness which you enjoy in your Ad- ministration give me great Pleasure. I heartily wish, & if Prudence can ensure it, they will attend you to its End. I am extremely obliged to you for your kind wishes in regard to mine. The difficulties & Business I have met with in it, were sufficient Employment for a much longer Period even to one who might not like Idleness. However I cannot complain of any other Uneasiness or Anxiety in my Administration at present than what arise from the confinement & Hurry of Busi- ness, & a View of the unhappy Condition of our Province, from our Indian affairs. Tho I now comfort my self with reflecting that the Burthen will soon be taken off the Province by a Pacification if Col. Grant succeeds, or off my Shoulders by the Speedy arrival of Mr Boone, our new Governer; for it seems, Mr Pownal, whom you know, thinks it a more agreeable Task to govern a Wife than our Province tho I hope Mr Boone, whom we know, will give & receive Pleasure in his Public as well as pri- vate offices. As the mention of a fine young Lady under those circumstances, seems to raise certain gay ideas that do not suit the gravity which becomes the correspond- ence of Us who are of serious Character being Governors, I shall draw the curtain to conclude the Business, & assure you that I am

With great Regard Sr Yr most obedient humble Serv1

Wm Bull To the Honble Cadwallader Colden Esq.

President & Commander in Chief &c New York

[Indorsed] Gov3" Bull

Answd July 18th

38 THE COLDEN PAPERS-1761-1764

From Gen. Jeffery Amherst

Albany 7th June 1761 Dear Sir

I am by this day's Post favoured with your obliging Letter of the 1st Instant, the Person, you mention, to have been recommended to you, by the Mayor &ca, is personally unknown to me, as is indeed the one for whom I requested the favour, but my application proceeded, in consequence of several recommendations that have been given to me in favour of Mr Schuyler, and I can't but renew my desires to you that he may succeed, as I am certain it will greatly conduce to the general benefit of the Inhabitants of this district, and the Troops who may be quartered here.

I am much obliged to you for your kind proffers in doing what may be agreeable to me, you may be assured I shall never ask you any thing that is not intended for a publick good.

I hope this fine weather will entirely recover you from

any remains of your late Illness, that I may have the

pleasure of seeing you in perfect health at New York,

and convincing you I am with the most perfect Esteem

Dear Sir

Your most Humble & most Obedient Servant

Jeff. Amherst.

Honble

Mr President Colden.

From Gen. Jeffery Amherst

Albany 11th June 1761 Sir,

I am Just now favored with Your Letter of the 8th Instant Acquainting me that Gen1 Monckton has proposed to You that Captain McCarty, a French Officer on his Parole from Jamaica, should be ordered to Reside at Jamaica on Long Island, which proposition I cannot but greatly Approve as I must own to You, the Negli-

THE COLDEN PAPERS-1761-1764 39

gence and Carelessness, in letting French Officers and men Come into New York, from on board Privateers, & other Vessells, without any Body's knowing from whence, or what they are doing, Seems to merit Consideration, and in my Opinion, Should by no means be permitted.

As You Desire that I would put this Gentleman under the Care of One of Our Own Officers, I shall Direct Captain Wheelock to Send him immediately to Long Island to remain there untill an opportunity offers of his going to England, which he should do by the first ship that Sails; and I do not think it proper that he should be permitted to go to any other part.

If any other French Officers, or Men, Come into New York, I think they should be immediately Reported from the Vessels that bring them to You, which, if the Masters do not do, they ought to be punished for their Neglect; And Whenever any such do Come; My Opinion is they Should not be permitted to See what is doing at New York; but be obliged to remain on Long Island untill an opportunity offers of Sending them away.

Since my Arrival here, I have been Acquainted there is one Scott, who pretends he has been an Officer in the Prussian Service, & is now in New York; Mr Bruce Sur- geon of the Artillery, will know where he Lives; This Gentleman, I think, should not be permitted to remain in New York, without giving a proper Account of himself.

I am very Sorry to Say, the tardiness of the Govern- ments Sending the Provincial Troops here will Extremely Delay the Intended Works, that they were to Carry on. I am Confident You will Use Your best Endeavors in hastening up those of the Province of New York, which I must beg You will be pleased to do.

I Hope the Fine Weather has perfectly Established Your Health.

I am, with great Truth, and Regard, Sir, Your most obedient Humble Servant

Jeff. Amherst

Honble Mr President Colden. vol. VI

40 THE COLDEN PAPERS— 1761-1764

From Peter Collinson

Londn June 12: 1761

I have my Dear Frds Letter of March 9th & my Friend Davids of Aprill 5th I have Sent your Commission by Last Pacquet but think it a Cruel thing to take your Money & Turn you Out so Soone I am an Intire Stranger to Your new Govern1" He is of Mr Pitts ap- pointment I have not mett with any Body that knows Him

I am glad to hear you preserve your Health & Dis- charge your Function with so much Satisfaction You must compound for the Post of Honour if you Save your Self it will be Well, I here Inclose your Account Curr1 which I hope you will find to your Satisfaction if any explanation is wanting that will be readyly complyed with

I am with my best Wishes for your preservation your Sincere Friend

P. Collinson Wee hope to hear Some good News from Gen1 Amherst

as to the Ballance I have Money of your Son Alexan- ders in my hands so you may Setle it as you please

From Gen. Jeffery Amherst

Dear Sir Albany ^ June 1761

by the Post which is this Instant arrived here, I am favoured with your Letter of 11th Instant, and it gives me great pleasure to see under your own hand, that you are so recovered, to make a Tour to West Chester, which I hope will be of advantage to your health. I am much obliged to you for the regard you have Shewn to my recommendation of Mr Schuyler, I shall be glad of every opportunity of assuring you I am with great truth Dear Sir

Your most obedient Humble Servant

Jeff. Amherst

Hon™* Mr President Colden.

THE COLDEN PAPERS— 1761-1764 41

From Gen. Jeffery Amherst

Albany, 15th June 1761. Sir,

The Right Honble Mr Secretary Pitt having, by his Letter of the 17th of December last, Signify ed to You His Majesty's Requisition of a Body of Troops to be forthwith Raised by His Provinces in North America, to be principally Employed in Securing the possession of His Majesty's Conquests there, during the Absence of such part of the Regular Troops as were to be Employed on some great and Important Enterprise, that might Re- duce 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 the Assembly of the Province over which You Preside having in Consequence of the said Requisition, Voted and Raised a Body of Troops for the Services above mentioned; but as the time Limitted for their Serving, will Expire before it is possible that the Regular Forces, who are to be Employed on the Important In- tended Expedition, can Return to Relieve them; and that a Small Body of Men will be absolutely necessary for the protection of the Several Forts, & Country in General, I must beg You will take the Earliest Oppor- tunity of Moving Your Assembly to Continue in the pay of Your Province, during the Ensueing Winter, (or, if there should be a time Limitted, that it may be to the First of July 1762) One Company Consisting of One Hundred & Seventy Three Men, Including a Captain & Three Subalterns; which is the proportion due from Your Province, agreable to the Numbers required of the Several Colonies, for this Essential Service.

The Reasons for this Requisition are so Obvious, and the Advantages that will Result to the Country in Gen- eral, from a Compliance therewith, so Apparent, that I am persuaded I need not Use any Arguments to Induce Your Assembly to Acquiesce thereto, being Convinced,

42 THE GOLDEN PAPERS-1761-1764

from the Zeal they have Shewn, on all former Occasions, for His Majesty's Honour, and the good of the Service they will chearfully Continue that due Regard they Owe to the King, which, while it must be agreable to His Majesty, Reflects great Honour on themselves ; And they may be Assured, that their Troops shall not be kept One day in the Service longer than is absolutely requisite. I am, with great Regard, Sir, Your most Obedient Humble Servant,

Jeff. Amherst

The Honble Mr President Coldbn.

From Hans Joost Herchheimer and Conrad Frank to

[Copy]

[Burnetsfield N. Y. June 17th 1761] Sir,

Two or three days ago, there Came down from Oneida a party of Indians about Twenty or Thirty, to have their Children Christened & Likewise to have Some of them Married, and as they went. away to day, and got up as far as Franks's they shot one of Stephen Franks's Hogs just by his House; So Franks's Son Justice Went to the Indian, and asked the Indian for what he had killed his hog; then the Indian immediately offered to shoot him, and so Justice Frank & one Etigh got hold of his Gun, then he Draw'd his knife to stab him; but at last the Indian got away from them, and shot Justice Frank through his throat Dead, and the Indian went off.

So we thought proper to Acquaint Sir William of it, to know what to do in this Affair We have no More to add at presentm but we remain Sir, Your Humble Servts at Command

Hans Joost Herchheimer Justice Conrad Frank Burnetsfield June 17th 1761.

THE COLDEN PAPERS-1761-1764 43

From Gov. Thomas Boone

P[erth] Amboy [N. J.] June 17th 1761 Sir

I write by the Bearer Mr Waag, to Mr Kennedy the Collector of your Port, to desire that the Proceedings against Vaudriles Boat & goods may be finished as soon as Possible, & as his Majesty's Service is really Concerned in this my Request, I beg the favour of you to Use your Influence with the Collector, & other Officers of the Cus- toms for that Purpose I am Sir with great Regard Your most Obed1

& most Humble Serv*

Tho: Boone

From Sir William Johnson

Port Johnson 18th June 1761 Sir

I am honoured with yours of the 2d Inst, by Captain Farrel, whom I am sorry my recommendation could not Serve, as I am certain it would be more for the good of the Service, and that of the Inhabitants of the County than either of the two You mention, He is an Honest Man, he is an Englishman, and one who would act verry impartially which was my only motive for recommending him, but as it is, we must Submit to those of greater Consequence & Interest and have things go on in the Old Dutch Channel, which I flattered myself would not have been the case now.

I cant realy see why that Affair of mine concerning the Land which I have a Deed of gift for, from ye whole Castle of Conajohare Men & Women could be attended with so much difficulty in Council, as you are pleased to observe, that you & Mr Banyar were of opinion it would. There is no fraud in it, it was the Unanimous & Volun- tary Act of them All, which I beleive fulfils his Majestys Intentions, all to the want of a Lycence which I applied for, as soon as the Indians made known their resolution.

44 THE COLDEN PAPERS-1761-1764

I dont think that any Person haveing a Lycence for Said Tract got, or obtained when it was known I had a Deed for it, should debar me, or retard my getting a Pattent for it, as the Indians are determined never to sell it to any one, after executing so formal & firm a Deed to me. This being the case, I dont see what it will avail them Gentlem11 to contend, unless they do it to give me trouble, wh I beleive will be more their Interest to let alone.

A gentleman employed by Major Rogers & associates to attend the Survey of some Lands proposed to be laid out for them about Lake George, came to me the 16 Ins1, and shewed me a Couple of Lycences granted to Captn James Rogers, & Hazzens, for purchaseing Lands above Fort Edward on the West side of Hudsons River, on which I sent for the Cheifs of the Mohawks to come to my House, in order that I might assist this gentleman who is unacquainted with such affairs. They all came ye next day, and after letting them know, that a Number of gentlemen, wanted to purchase such Tracts, they made answer, that until they had Justice done them with re- gard to some Lands they alledge, & have for a long time complained to have been defrauded of, They were unani- mously resolved not to dispose of any more of their Lands, that what they had left, was rather too little for their Hunting, or Livelihood and as for the other Tract, for wh there is a Warrant of Survey, they one and all protested against it, and desired that nothing rash might be done in it, at least until you were acquainted with what they now say, which is, that all the Lands on the West side Hudsons River, Lake George, and Lake Champlain as far as to a Rock therein called by them Rogioghne belongs to them, except what was sold, that it was so settled between their Forefathers & the Indians inhabiting the Country of Canada, wh never was disputed by their Bretheren, or others before, that within them limits are their best hunting grounds, which they say, they cannot apprehend his Majesty would (after the many Assureances given them from time to time of his resolution to protect them & their Lands) encourage or

THE COLDEN PAPERS-1761-1764 45

at any rate allow, their Lands to be now taken from them without their consent. That, if such was permitted (meaning ye survey at Lake George or such) they could then have no further dependance on anything has been promised them heretofore, and must look upon them- selves from that time, in danger of being made Slaves, and haveing their Lands taken from them at pleasure which, they added, would confirm what the French have often told the Six Nations, that should our Bretheren begin with us in that Manner, who have at the risque of everry thing Joined them in the defence of their & our Country, and now thought to sett down in peace. What must our freinds the Six Nations say or think? They certainly cannot expect more favour if so much as we therefore must be in a verry uneasy Scituation. when they come to hear it. This and a great deal more too tedious now to trouble you with, was spoke by them yesterday at my House in presence of the before mentioned gentleman, who asked my opinion what was best to be done, I told him, I thought it best to prevent the Surveyor going on the ground as he intended, until he had acquainted the gentlemen concerned with what had passed, & received their Answer. He was also of the same opinion, and told me he would immediately write them. I cannot Sir con- sistent with the Duty I owe his Majesty, and the good of the Service, I am by him employed in avoid acquaint- ing you, I am verry apprehensive that pressing the Indians so much to dispose of their Lands, & that in such great quantitys contrary to their inclination at present, will give them great Umbrage and alarm all the Nations, and probably produce consequences which may be verry prejudicial, to his Majestys Interest, and stop the Settle- ing of the Country, both which, are now in a prosperous way, and may by a proper conduct towards them, be continued so. but should it unhappily fall out otherwise, I am certain it will not be in my power, nor in that of any other (without violent measures, which I beleive any man of reason would be for avoiding if possible) to bring them back to so good a state. This Sir, I Submit to

46 THE COLDEN PAPERS— 1761-1764

You, in whose power it is to prevent it, and doubt not in the least your doing everry thing which may tend to his Majesty s and the Publick good. I must beg leave to refer you to a letter I did myself the honour of writing you the 19th of March last, as there are two Articles of Said letter (one for liberty to build a Church at Cona jo- hare the other a request of ye Mohawks concerning the Land which Mr Barclay has & wh they would be glad to have made a glebe, or Parsonage) I should be glad of an answer to. I am Sir with perfect Esteem

Your most obedient & most Humble Servant

Wm Johnson

The Honrble Cadwallader Colden Esqr

From Gen. Jeffery Amherst

Albany 21st June 1761. Sir,

The Post of this day, brings me the favor of Your Letter of the 18th Instant, by which I find You are re- turned from Your Tour, which I hope, will have been of benefit to Your Health.

I am obliged to You for the Steps You have taken in regard to the Frenchmen ; Such Measures will Effectually prevent the Mischiefs, which Might otherwise Arise from their being too well Acquainted with the State of New York.

I am glad to find that You imagine all the New York Provincials, will be Set out by the End of this last Week ; I am Convinced that Colonels Thody & Brewerton must have been of more Service in forwarding the Enlistments And Sending the Men from New York, than their pres- ence could have been of, here.

I Enclose You a List of What have Arrived here and what has been Mustered of the Companies of this place & Schenectady; which are all sent forward to Oswego.

I Have nothing further at present to add; but to Repeat to You my thanks for the Regard You have been

THE COLDEN PAPERS— 1761-1764 47

pleased to shew my Recommendation of Hermanus Schuyler; I hope his behavior will prove Deserving of Your future protection to him.

I am, with great Truth & Regard, Sir, Your most Obedient Humble Servant.

Jeff: Amherst

Honble Mr President Colden. [Enclosure]

List of the Men of the New York Troops Mustered

at Albany

of Men

Officers

1761 Includ.

May 4th Capt. Waters & Burns's Companies 194

17th Captain Thody's Company 99

25th Captain Gilchrist's Company 84

27th Captain Wrights Company . , 93

June 3d Capt: Yates's 115

Capt: Deforests 114

Capt. Van Veghten's 70

12*1 Capt. Height's 93

Capt: Harris's 90

13. Capt: Clinton's 95

Capt: Ray's 90

14. Capt. Lent's 67

Capt. Vanderbergh's 65

Recruited at Albany 12

Total 1281 Jeff: Amherst.

From Gen. Jeffery Amherst

Albany 25th June 1761 Sir,

By the Post which has Arrived very late this Evening I have the favor of Your Letter of the 22d Instant; Ac-

48 THE COLDEN PAPERS-1761-1764

quainting me that the Council were Unanimously of Opinion, that the Assembly would Comply with the Re- quest I had made for keeping Such a Number of Troops in pay during the Winter; but that it would be very Inconvenient to Call the Assembly together before the month of September, when they will have other business that will require them to meet.

I should be very Sorry to Request any thing of You that Might be disagreable to the Assembly; And as I Doubt not but they will readily Consent to the Requisi- tion, when they meet in Septemr, I think that will be time enough.

I Have received a Letter from Sr Willm Johnson; Acquainting me of an Affair that has happened on the Mohawk River, whereby an Inhabitant has been killed by an Indian: Sir Wm has Assured me "that he shall as "he goes up that way, Speak to the Oneidas concerning "it, and Insist on their Delivering up the murderer"; and I have answered him, "that I can't but think it "absolutely right that the Nation to whom this Indian "belongs should be Instantly Obliged to give the Mur- "derer up, that Justice may be done, and that, had one "of the Inhabitants Committed a Murder on One of the "Indians, I should be for bringing that Inhabitant to "Justice in like Manner." Since which I have spoke to the Mayor here, & shewn him the Letter of which I En- close You a Copy, telling him that as that Country is now Inhabited, the Civil Power should Exercise their Jurisdiction on this Occasion, that the Indian should be by no means permitted to remain without being Called to Justice.

I am, with great Truth, Sir, Your most obedient Humble Servant

Jeff. Amherst?

Honble Mr President Colden.

THE COLDEN PAPERS— 1761-1764 49

From Capt. John Boyd

[25 June, 1761.] Sir

Having an opportunity by a Vessell from Barbadoes, Bound for New York, think proper to acquaint you that I have been Cruizing since ye 12th Inst, between Sandy Hook, and ye Capes of Virginia, without having been Able to meet with any Vessell that I could take for an Enemy: And finding by severall Tryals that my Ship don't go so well as I could wish, I Intend when a fair opportunity offers to put into Lynd Haven Bay, and New Trim, & make her as clean as I can, So that If you have any Intelligence, of any Privateers &c on y8 Coast, or can Inform me how I can by any other means be of Service In Securing, and Protecting the Trade of these Provinces; would have you by first opportunity Trans- mit it to me to be left at Hampton James River Virginia, or to y6 care of Ye Lieu1': Governour.

I see by a paper dated 8 days after I sail'd that you have the honour to be Appointed by his Majesty, L' Governour of New York, on which I beg leave most sin- cerely to congratulate you;

I beg you'l pay my compliments to all your Large family and all friends, I wish you health and all manner of happiness I am with very true regard Sir Your most Obedient and very humble Servant

John Boyd Penzance S 26° E' from Sandy Hook 25 June 1761 To ye Honble President of New York

[Indorsed] Capt Boyd's

Answered July 12th [Answer will be found in Collections, 1876, p. 98.]

50 THE COLDEN PAPERS— 1761-1764

From Gen. Jefjery Amherst

Albany 2d July 1761 Sir,

I have Just now the pleasure of receiving Your Letter of the 29th June.

Colonel Thodey Arrived here on the 26th & delivered me the favor of Yours of the 24th for which I am also now to Return You my thanks.

I am Sending all the Men from hence as fast as they Arrive for forwarding the Several Services as much as may be, ec.

The Number falls little short of what You Expect, as it is 1468; and I Enclose You a List of those Arrived since my last Letter, which with those I transmitted You before, makes up the Above Number

I Wish I Could Say all these Arrive at their different Stations, from their Rendezvous here; but Unaccount- able as it is, Several of them Desert, thq' they Enlist Voluntarily; are provided with Every thing they can want; and are sure of receiving their pay besides when the Campaign is over.

I Have Directed the Commanding Officer to Send You a Return of those that do Desert

Sir William Johnson, whom I saw lately, did not mention any thing to me in regard to Captain Farrell; he is Set out for the Detroit; and, in his Route, will Require the Oneida Indians to give up the Person who lately Committed the Murder; I perfectly Agree with You, that if a proper Regard for the Authority of Gov- ernment is not Enforced amongst the Savages, it may Encourage them to Repeat their Barbarities.

Sir William has never, at any time, given the smallest hint to me, of anything touching the Lands You mention.

It gives me great pleasure to have it under Your hand, that You are so much recovered in Your Health; I most sincerely Wish You a Continuance of it; And

THE COLDEN PAPERS— 1761-1764 51

shall be glad on Every Occasion to Assure You I am, with great Truth & Regard, Sir, Your most Obedient Humble Servant

Jeff. Amherst.

Honble Mr President Colden. [Enclosure]

List of the New York Troops mustered at Albany, and Sent forward to Oswego, since the 21st June 1761

No. of men

officers

1761. Included

June 25th Captain Dunbar's Company 63

26th Captain Griffin's Ditto 47

Captain Piatt's Ditto 60

29th Lieut. Welsh's party of sundry Compys.. 17

187

From Commodore Sir James Douglas

Dublin St Johns Road Antigua the 7th July 1761 Sir

By his Majesty's Ship Dublin I take the opportunity of acquainting you that I have Order'd her to Hallifax to Carreen and refitt again for the Sea with all possible Expedition, and to be ready to proceed again to the West Indies by the Middle or at farthest the latter end of September, and as the Vessells from North America have been particularly unfortunate in falling into the hands of the Enemy to the great detriment of the Colonies, I am to desire your Excellency will be pleas'd to give timely notice to the Trade at the different Ports within the Limits of your Government, that if they proceed to Hallifax, by the time before mentioned, Captain Gas- coigne of the Dublin will take them under his Care and

52 THE COLDEN PAPERS— 1761-1764

Protection and give them safe Convoy to the Island of Barbadoes, and I shall order one of his Majesty's Ships to see them in Safely from thence to the Different Islands they may be bound to within the Limits of my Command. I am Sir with great respect Your Excellencys most Obed* humble Serv*

[Indorsed] JAMES DOUGLAS

Letter from Commodore Sir James Douglas

From Gov. William Bull gir Charles Town [S. C] July 8th 1761

I embrace this opportunity of congratulating you on the late mark of His Majesty's Royal favour in appoint- ing you Lieu1 Governor of the Province of New York.

I recommend to your Care three large Pacquets for the Lords of Trade sent to me by Governor Dobbs of North Carolina which I received after the Dolphin sailed. I beg the favour of you to forward them to Great Britain by the first Pacquet Boat or Man of War that Sails from New York.

Colonel Grant marched from Fort Prince George the 7th of June and I have had no letters from him since. The last letters I received from the Officer commanding at Fort Prince George dated 28th of June informs me that no letters had been received there from the Army since their march, but that some Chickesaws acquainted Cap1 Mackintosh that on the 11th of June Col1 Grant was attacked by the Indians at the same place where they attacked him last year. Col1 Grant drove them from their Posts, tho' with the loss of some men killed and Wounded after which untill the time the Chickesaws came away the 15th of June the Cherokees did not fire a shot at him, this Report seems to be confirmed by some Catabaws who left the Army about the same time.

THE GOLDEN PAPERS— 1761-1764 53

I have heard nothing yet of Col1 Byrds numbers or motion. I am with great Regard Sr Yr most obedient humble Servant

Wm Bull.

To the Honble Cadwalkader Colden Esqr Lieutenant Governer &c of New York

From Gen. Jeffery Amherst

Albany July 12th 1761. Dear Sir

The Post of this day has brought me the favour of your Letter of the 9th Instant, Capt : Terbush's Company arrived here on the 5th, and I enclose you a List of their numbers, which added to the List of those I sent you in my Letter of the 2d of this month, includes the whole of the New York Troops.

I have a Letter from Lord Rollo of 3d June from Guadalupe, though the Transports were dispersed, yet from what His Lordship writes to me, I dont doubt but he has taken possession of ST: Dominique, as the Swiss officer reports.

it is not impossible but a Transport with some of Yaughan's may have been taken and carried into Mar- tinique, as the Fleet was so much separated, but this accident will not impede Lord Rollo from executing the sendee he is sent on, and I hope will not be of any bad consequence,

I have received a Letter from Sr Wm Johnson in re- gard to the Indian, who has lately committed a Murder ; I enclose you a Copy of Sr Williams Letter in regard to that Affair, with my answer thereto. I am with great esteem

Dear Sir Your most Obedient Humble Servant

Jeff: Amherst.

Honble Mr President Colden. [Enclosure]

54 THE COLDEN PAPERS— 1761-1764

of Men Officers 1761. Included

Albany 5th July Arrived and Sent forward Cap1 Ter Bush's

Compy, of New Yorkers 79

Albany, 12th July 1761.

From Gov. William Bull

Charles Town [S. C] July 15th 1761 Sir,

This morning I received an Express from Col1 Grant of the lO*1 instant at Fort Prince George acquainting me that He had returned the night before to that place after a pretty fatigueing Scout of Thirty three days without Tents or baggage.

The Cherokees got together a pretty considerable Body and took post in very advantageous Ground about two Miles from the place where they attacked Col1 Mont- gomery last year, their Plan was well laid and their dis- position such as no Officer needed to be ashamed off, but they failed in the Execution.

The attack began the 10th Ult° about half an hour past eight in the morning, the firing pretty smart till twelve, and popping shot continued till two a Clock. Our loss was inconsiderable. Ensign Munroe of the twenty second and ten Men of the line killed. Ensign Knight of the Royal Lieu1 Barbar and Ensign Campbel of Burton's and Lieu1 Terry of the Provincials with Forty Eight men wounded.

The Army moved on about three in the Afternoon having got Litters, Horses &ca for our wounded. The Provision was left that night at Echoe' with a Guard of One thousand men under the Command of Col1 Mid- dleton. Col1 Grant marched with the rest of the Troops

THE COLDEN PAPERS— 1761-1764 55

to Nucassee, but bought experience had made the Indians so cautious that tho' it was Eighteen miles from the place of Action, every Scout had taken to the woods.

Fifteen Towns and all the Plantations which could be found in the Country have been burnt, about fourteen hundred Acres of Corn destroyed, and all the Inhabitants of the Middle Lower and Back Settlements drove into the woods and Mountains to starve, for they have noth- ing left but a few Horses.

Col1 Grant informs me that the Provincial Regiment has behaved well as He always expected, the Rangers have been useful and alert, they have never made diffi- culty and He is as much pleased with them now, as He was displeased with them when they took the field.

He intends to invite the Little Carpenter and the Great Warrior to come and treat of Peace, and to tell them that we have no inclination to extirpate the Indians, and that they may yet have Terms.

Col1 Grant will remain in that advanced Frontier at Fort Prince George till things are a little more settled, and will during that Time put that Fort into good Re- pair which is much wanted and leave there a years Flour in the Garrison, and as many Bullocks as they can cure, and relieve the Garrison with a fresh one.

Col1 Grant acquaints me that our Indians have be- haved remarkably well the Upper Chickesaws in particu- lar, the Lower ones went down the Country in a Scan- dalous manner a few days after the first Action on the 10th Ult°

I thought it would be agreeable to you to receive an account of the Success of our Army against the Cherokees hitherto, I congratulate you upon it.

I send these dispatches by an Advice Boat Express with directions to wait at New York to bring back any Orders which General Amherst may think proper to send upon receiving the present Intelligence or on any other occasion, I therefore beg the favour of you to forward

VOL. TI

56 THE COLDEN PAPERS-1761-1764

them to the General and to send back Mr Foskey as soon as His Excellencys Dispatches come to your Hands. I am with great Regard Sir, Your most Obedient humble Serv*

Wm Bull The Gazette coming out before I closed my Letter I send one

To the Honble Cadwallader Colden Esq. Lieutenant Governor of New York

From Gen. Jeffery Amherst gir Albany, 18th July 1761.

His Majesty's Service Making it requisite that I should Assemble a Body of Troops near New York; And Staten Island appearing to me the most proper place to Encamp them on ; I have Accordingly fixed on the same ; and send Lieut. Colonel Robertson to New York to mark out Said Encampment; and upon the arrival of the Troops to shew them their Ground; with Directions to Avoid as Much as possible taking any of the Grounds, on which the Corn may be still standing, or any other that may prove Essentially Inconvenient to the proprie- tors thereof; with this provisoe nevertheless, that the King's Service may not be Retarded, or receive any prejudice thereby.

I am, with great Regard, Sir, Your most Obedient Humble Servant

Jeff: Amherst

Honble Mr President Colden.

From Gen. Jeffery Amherst

gir Albany 19th July 1761

I am this moment favored with Your Letter of the 16th and have as yet heard Nothing more relative to the

THE COLDEN PAPERS— 1761-1764 57

Murder Committed by the Oneida, than what I have already Acquainted You with.

I Thank You for Your News concerning Beleisle; From the Strength that Place has been Represented to Me in, I Cannot believe We should Attempt to storm it; It is probable our Troops may have Render'd themselves Masters of the Palais, by pursuing the Enemy, in their Retreat, after a Sally, into the Town; that We are in possession of that Important place, I make no doubt, <fe am hopefull We shall soon receive an Authentick Con- firmation of it.

I am likewise to thank you for the Pamphlet Enclosed in Yours, which I shall give a Reading after the Post is gone.

Colonel Robertson set out this morning, with a fair Wind for York, and a Letter from me to You, of Yes- terday's Date, Acquainting You with his being Sent to Mark out an Encampment on Staten Island for a Body of Troops which I am going to Assemble there; As he will be with You before the post, I need Add nothing more than the Renewal of Assurances of the Regard and Esteem with which I am, Sir, Your most Obedient Humble Servant.

Jeff: Amherst

Honble Mr President Colden.

From John Povmall

London July 22 1761. Dear Sir,

The same ship that conveys this to you will probably carry out Gen1 Moncktons commission which puts a period to your administration, which for your own sake as well as for the publick Service I could have wishd might have been of longer duration, and so it would have been had not the Changes in office here accelerated Mr Moncktons appointment ; This appointment however has

58 THE COLDEN PAPERS— 1761-1764

been attended with a promotion of yourself to the rank of Lieu1 Govr in which I used my best endeavours to serve you, it being a thing which I understood from your Friend Mr Collinson would be agreable to you.

Your letters of the 15 of May & 2d of June with the Duplicates of those of the 18 & 28 of Febry, are come to hand, but as they came after the usual adjournment of the 13d for the summer months, it will be some time before the matters containd in them can be acted upon In the mean time I send you herewith for your informa- tion an authenticated copy of the repeal of the Act of 1699 for punishing privateers & pirates and should be obliged to you if you would point out to me the instances of those other Laws mentioned in the printed Collection to have been repeald, but of which repeal their is no evidence in the province This appearing to me to be a matter of serious concern.

The publick papers and the many Gentlemen that I understand are upon the point of embarking for New York, will better inform you of the state of publick affairs here than I can do. A fortnight ago every one thought we were at the Eve of a peace the general opinion now is just the reverse my own opinion is however not quite so sanguine, I see many untoward circumstances but do not dispair yet of a peace this Year.

I am with great truth & regard Sir Your most obed* & most faithfull humble Serv*

J. POWNALL

From Gen. Jeffery Amherst

Albany, 26th July 1761. Sir,

I thank You for Your very Interesting Intelligence of the Surrender of Pondicherry to His Majesty's Forces on the 17th January last; and sincerely Rejoice with You upon it, as, by the way this News is come, it seems to be true beyond all doubt.

THE COLDEN PAPER&-1 761-1 764 59

I am afraid Your Uneasyness on Account of the Packett is too well founded ; from the length of time She must be Supposed to have been out, it is more than probable, She has fallen into the Hands of the Enemy.

As in Answer to my Requisition, You were pleased to give me Assurances of hopes that the Assembly would not fail to Comply therwith ; and as I take it for granted they will; and that, as I Wrote to You before, under those Expectations, I should be Sorry they were Called together sooner than would Suit their Convenience, I See no necessity of Convening them prior to the time You shall think most proper, Especially as the Men I Asked for, will be Drafted from those now in the pay of the Province

I am Informed that there was at New York a French- man, by Name, Renaud, whom I Intended to Employ for His Majesty's Service, but as I hear that Jointly with an Englishman, he had Loaded a Vessell for the Missis- sippi, & was shortly to Sail, which Surprizes me greatly, I desire Capt De Ruvyne to make strict Enquiry into the Truth of this Report, & to give You a thorough Informa- tion of the Whole, that You may take such Steps as You shall Judge proper & think necessary on the Occasion.

I am, with the greatest Regard, Sir, Your most Obedient Humble Servant

Jeff: Amherst

Honble Mr President Colden.

From Gen. Jefiery Amherst

Albany, 30th July 1761 Sir,

I am the more Obliged to You for Your Intelligence from Carolina, as by the Same Conveyance that brought it, I have Nothing Either from Colonel Grant, or Lieut. Governor Bull; but I Wish sincerely it may prove true, as I am Confident, if there has been an Encounter be-

60 THE COLDEN PAPERS-1761-1764

tween the Troops and the Indians, the Latter must have been Worsted, and punished with that Severity, which their presumption of repeating Hostilities, so loudly Calls for, and so Justly Deserves

I am, with the greatest Regard, Sir, Your most Obedient Humble Servant

Jeff: Amherst

Honble Mr President Coldbn.

From Gen. William Shirley

New Providence, Bahama Islands July 31st 1761 Sir,

I am to ask Pardon for not acknowledging before now the Receipt of the Letter, which you favour'd me with, to let me know, that the Chief Command of the Province of New York was devolv'd upon you by, the Death of M? Delancey; your Administration of which, I under- stand gives the People there much Satisfaction; as I am fully persuaded, it must long experience in their Publick Affairs, Abilities to conduct them for His Majesty's & the Country's Service, & principles of Government it must

I should have first mention'd, that my having been so bad a Correspondent, is owing to an obstniate Indis- position under Wch I have labour'd many Months, but am now in a fair Way to get rid of.

I have now the Additional Pleasure of congratulating you upon receiving His Majesty's Commission as 1/ Governour of the Province under your Command, which I hope the Province & you will long enjoy the Benefit of.

I am oblig'd to Your Honour for your Care in for- warding some Publick Letters from New York to me.

I would beg the Favour of you, Sir, to order an In- quiry to be made after the inclos'd List of Deserters, as, tho' it is so long since they deserted, it is not impossible

THE COLDEN PAPERS-1761-1764 61

but some or all of them may be still found in your Gov- ernment, either by being permitted to inlist into some of your Independ1 Companies there, or to go at large, & work as Labourers ; & shall be much oblig'd to you, if any of them can be secur'd for me, for apprizing as soon as may be, Ll Philip Brown of my Company who is now recruiting at Philadelphia for it; in a Line, that he may come to New York, & reclaim them.

I have taken this Opportunity of sending you a Turtle of ab* 80lb Weight, mark'd L C, wch I beg Your Accept- ance of, & hope, will arrive safe at New York.

I am, with much Truth & Esteem, Sir, Your Honour's most Obedient Humble Servant

HonWe Lt Gov' Colden. W. SHIRLEY

From Gen. Jefiery Amherst j. q. Albany 1st August 1761

I received last night, by express, the favour of your Letter of 29 Inst, last with the dispatches that arrived from Carolina: the Success that has attended His Majestys Arms in that Province, has been a most just Chastisement on the treacherous Cherokees, and I think must be productive of a good Peace, to the benefit of that and the neighbouring Colonies.

L*: Col. Robertson acquaints me, the Particulars of Lt C : Grant's successf ull Campaign are publickly known at New York, I need not therefore trouble you with a repetition of them, but I beg the favor of you to order the Master of the Advice boat to return immediately with my Dispatches to Carolina.

If Quarter Master Sylvester and Mr Bell, Surgeon, of Col. Burton's Reg1 are not already departed from New York, in that case, I must desire you will please to give my Dispatches, in care, to the Quarter Master, and those two Gentlemen may take their passage in the boat.

I am obliged to you for your good news that is

62 THE COLDEN PAPERS-1761-1764

brought by the Vessel from London, Pondicherry, Do- minica &ca added to it, all together can not fail to reduce and force our Enemies to reasonable terms. I am with great truth and Regard Dear Sir Your most obedient Humble Servant

HonMe Mr President Colden Je^: AMHERST

From Gen. Jefjery Amherst gir Albany 2* Aug81 1761

In my Letter of the 26th Ultimo, I Informed You of my having received some Intelligence, that one Renaud, a Frenchman, in Conjunction with an Englishman, had Laden a Vessell for the Mississippi ; and that I had desired Captain De Ruvyne to Acquaint You, with what par- ticulars he knew of this Affair; I directed him, at the same time, to make Every Inquiry he could into the Truth of this Matter, and to let me know them: This days post has brought me his Answer, Setting forth that Renaud Sailed on Sunday last; that, in partnership with One Mrs Willett, of New York, he actually Loaded a Vessell, with Provisions, for the Mississippi; and that She furnished the Vessell, and an English Master.

So open and Barefaced a Contempt & Infringement of the Laws, certainly require the most Serious Attention of the Legislature, and as You preside over the Province where one of the Chief Delinquents Reside, I think it incumbent on Me to give You Every Information that may Enable You to Ascertain the Truth of the above Allegation, and proceed thereupon as You shall See most proper, to Enforce a due Observance of the King's Com- mands, and to bring those that dare to break, or Neglect them, to Condign punishment.

I am, with great Regard, Sir, Your most Obedient Humble Servant.

HonMe Mr President Colden. Jeff: AMHERST.

THE COLDEN PAPERS— 1761-1764 63

From Capt. John Boyd

Penzance 12 Leagues from The Capes of Delaware, 4th August 1761 Sir

I was favoured with your letter & Intelligence of y6 12th Ult°. The night before I left Virginia which was on ye 26th of last month, after having been there a Week, and cleand repaired my Rudder wch was loose. I have been laying off this Coast ever Since, without haveing been able to see any thing like a Privateer; Nor can I think their is any near the Coast or we must certainly have heard of more Captures for I see all manner of other Vessells every day; I have seen some Captures in the papers; But they are all at a Distance from my Station. Whoever I shall Remain on this Coast till near ye end of ye Month & their is a 50 Gun Ship & a Sloop Cruizing off Virginia; ye Boston Ship King George between that & Bermudas; & Cap1 Campbell, & Greenwood to S°ward; let us hope we shall keep ye Coast in Tolerable Safety. I now go Indifferently well at least I speak w1 all I see.

My respects to your family with my best Wishes for your health & happiness I am with very great regard Sir Your most Obedient Humble Servant

John Boyd

To Cadwallader Colden Esqr

P.S. It is a very common Thing for ye Vessells who have letters of Mart, to Chace one another, or any other Ves- sell so that it is allmost Impossible for any Vessell to come out of ye Sea without having been Chaced by something or other which in my oppinion makes so many Privateers in Publick Prints, and the Insurers together.

JB.

[Indorsed] Captn Boyd

64 THE GOLDEN PAPERS— 1761-1764

From Gen. Jeffery Amherst

Albany 9th August 1761. Sir,

I am much Surprised that the Master of the Advice Boat, hired purposely for His Majesty's Service, should think of Objecting to receive on Board, the Person that was the Bearer of my Dispatches, especially after having received Your Directions, for Admitting him; this can proceed from Nothing but Ignorance, and I am much Obliged to You, for having made him Sensible of his Error.

I am hopefull Captian De Ruvyne will be able to Learn the Name of the Master who carried away Renaud; I recommend it to him very strongly, because I really think it very Essential that this Matter should be brought to Light, and the Guilty made Example of, which is the only likely means I know of to put a stop to such fraudulent and Illegal practises.

I Return You many thanks for Your Confirmation of the Reduction of the Fortress of Belleisle; the Cir- cumstances are so well Connected, that there is scarce any room to doubt the truth of it; and yet I must own, if it is true, that We have had that Fortress much sooner than I could have Expected.

I am, with great Regard, Sir, Your most Obedient Humble Servant.

Jeff: Amherst.

Honble Mr President Colden.

From Gen. Jeffery Amherst

Albany 11th August 1761. Sir,

Your Letter of the 7th Instant, received last Night, gives me a particular pleasure, as it furnishes me with an opportunity of Congratulating You on the Reception

THE COLDEN PAPERS— 1761-1764 65

of His Majesty's Commission Appointing You Lieut: Governor of this Province; a Sure Mark of the King's Approbation of Your Zeal and Services; And I am heartily glad to find, that the Powers Vested in You by said Commission are more Ample & full, than in any former Commission to a Lieutenant Governor, as I am very certain that You will Exert them for the good of His Majesty's Service, with the same Readiness and Chearfullness, that I have all along Experienced in You.

I am Obliged to You for the Three Letters that came under Cover for me, from the Secretary of State's office; as also for the Large Packett Directed to Colonel Am- herst: they are all come safe to hand.

I am, with great Regard, Sir, Your most Obedient Humble Servant

Jeff: Amherst.

The Honble U- Governor Colden.

From Gen. Jeffery Amherst g. Albany 13th August 1761

As the 43d Regiment Sailed from hence Yesterday for Staten Island, and that it is necessary the Officer and Detachment of that Corps, now doing Duty in the Fort, should Join them, in order to receive their Cloath- ing, and provide themselves with any thing Else they may be Deficient of, I send, by this Conveyance, Direc- tions to Colonel Grant, who Commands on Staten Island, immediately upon receipt of my Letter, to relieve the Detachment of the 43d with a like Detachment from his Encampment; And to Continue this Relief Weekly, of which I think it but right to give You Notice.

I am, with great regard, Sir, Your most obedient Humble Servant.

Jeff. Amherst.

Honble Lieut. Governor Colden.

66 THE GOLDEN PAPERS-1 761-1 764

From Gov. Thomas Fitch

Norwalk [Conn.], 14th August 1761 Sir

I have the Honour of your Letter of the 10th and gratefully acknowledge your Favour in forwarding to me my Letters that came in the Packet which I received last Monday I heartily Congratulate You on Your Re- ceiving his Majesty's Commission appointing you Lieut. Governor of the Province of New York, and do Assure you I Received the Intelligence of this Mark of the Royal Favour to You with Singular Satisfaction. I am much Oblidged to you for the Information you have given me Respecting the illegal Trade suspected to be carryed on &c and as the Suspicion affects the Officers of this Colony and perhaps the Reputation of it also I shall take the most Effectual Care to Discover what grounds there may be Either of Complaint or Suspicion of that Kind and Give you Information as early as may be.

I am Sir with very great Regard c

Your most obedient and most humble Servant

Thos Fitch & Governor Colden.

From Gen. Jeffery Amherst

Albany 16th August 1761 Sir,

I am extremely glad to Learn that You have Suc- ceeded so far as to Discover the Name of the Master and of the Vessell, which it may be Supposed carried off Renaud; and I am in hopes that the Steps You have taken, to Ascertain the Same, will every way Answer the good End proposed by the Trouble You have been at on that Occasion, in which case I am very Certain there will be no deficiency, on Your part, to bring the Delin- quents to due punishment; for which purpose, I am hopefull Governor Fitch will, in his Enquiries, Use the

THE COLDEN PAPERS— 1761-1764 67

precaution You have given him, to make them as pri- vately as possible, for there is no doubt, if the Affair should get Wind, and the Owners have room to Suspect their being Discovered, they would prevent our Obtain- ing the Legal proofs, and Order the Vessell, and Renaud, not to Return to New York.

Notwithstanding the Information Captain De Ruvyne Writes me he has given the Councill, I Direct him to make what further Enquiries he can, and, if he Obtains any more, to Lay them before You. I am, with great Regard, Sir, Your most Obedient Humble Servant

Jeff: Amherst

Honble L* Govr Colden.

From Gen. Thomas Gage

Montreal Aug* 18th 1761. Sir,

I take the first Opportunity to acknowledge your Favor of the 7th Ins*, & to thank you for the Letters you have been so good to forward, which came directed to me under your Cover. I congratulate you on the News I received in those Letters; The entire Conquest of Belle- isle, & its strong Fortress: And I beg Leave likewise to testify my Joy, for the Honor His Majesty has conferred on you; & The Satisfaction The Province of New York will receive in being governed by a Person of your Merit, Experience, & Capacity I have the Honor to be, with great Esteem, Sir, Your most obedient humble Servant,

Thos Gage

Honble Cadwallader Colden, Esqr

68 THE COLDEN PAPERS-1761-1764

From Benjamin Pratt gr Boston Aug* 22 1761

Tho' I have not now the Honor to be known to you ; Yet I have the Pleasure of it, in Expectation; & should think myself happy, if I may have it in my Power, to Merit Your Approbation & Acquaintance. My Knowl- edge of your Character, has no Small Effect upon my Mind, to incline me, to Leave my Friends & Business here, & remove into your Province; I hope, Sr, you will therefore Excuse my asking this Favour of your Honor, viz* That if any Mandamus or Commission should come to your Hands concerning me, as Chief Justice; & if you should not think proper to transmit it to me; you would please to advice me of the Tenor of it, & whether that Office is to be held only during Pleasure. Tis of Importance for me to know this, as soon as possible, I already fear it from what Mr Auchmuty writes to me of what you was so kind as to communicate to him rela- tive to your Instructions. As the Parliament at the Revolution thought it the necessary Right of English- men to have the Judges Safe from being turned out by the Crown; you will not wonder that the People under your Command should claim the Right of Englishmen in this Respect; & that I should think my Honor as well as the public greatly concerned in the Affair. A Judge liable to be broke by the Govr if he don't please him. And to be Starved by the Assembly if he dont please them! And this too at a Time when our gracious Sov- ereign has so lately Sent a Message to Parliament ex- pressing his Sense of the necessity of Judges being not only independent in Point of Salary but also against any Removal, unless for their Misconduct, His Majesty Sense of these Things, will, I hope meet the Approbation of your Assembly & Justify you in the Generous Pro- posals, that I am informed you have made. You will do essential Service to the Province & to his Majestys In- terest, if you can Succeed to render the Post so Secure as to be worth Acceptance of a Lawyer, & make him

THE COLDEN PAPERS— 1761-1764 69

Safe in Dispencing Law & Justice. Pardon the Liberty I have Taken & believe me to be yr Honra obed1 hum. Servt

To The Hon: C: Colden Esq R Prat

[Indorsed]

To The Hon: C: Colden Esq. Lieut. Gov*" And Commander in Chief

of The Province of New York

From Gov. Thomas Boone

gir Perth Amboy [N. J.] Augst 24th 1761

I have this Morning Received an Account from Co1 Vancampen, who Commands the Sussex County Regi- ment of Militia in this Province, of a Dissatisfaction which seems to Prevail Among the Indians on our Frontiers, for which no particular Reason is assigned; One, Indian of Six that were at one Westbrooks threat- ened the owner of the house, to Come and burn it, he made off, but the other five were detained, as these appear to me neither to have been guilty of outrage or Even Menaces, I have order'd them to be set at liberty; The Inhabitants of that Part of the Country seem to be a good deal alarmed, but I think without Sufficient Reason; I have however with advice of Council, sent orders to the Commanding Officers of the militia of the three Exposed Counties, Sussex, Morris, & Hunterdon to hold their Regiments in Readiness to Repell any At- tack or Reciprocally to give each other assistance, & I think it my Duty to Communicate what Intelligence I have which is Corroborated by affidavits, to you, that if you think Proper, you may put the Inhabitants of orange on their Guard. I am Sir with great Regard

Your most obed1 Servant

L' Gov' Colden Th0: Boone

[Indorsed] 26 Aug: 1761 Read in Council

70 THE GOLDEN PAPERS— 1761-1764

From Gen. James Murray

Quebec 26th August 1761. Sir

I was Favoured with Yours, and beg you will Accept of my most Sincere Congratulations on your Advance- ment to be Lieutenant Governor of New York, and wish this may be followed by some more Solid Promotion.

Receive my Hearty thanks for the offers of Service you are pleased to make me, should any thing happen this way, wherein I can be the least Usefull, you may be Assured of my Ready Compliance, and that I shall ever be with very great Regard Sir

Your most Obedient & most Humble Servant

Ja: Murray

Alexander Colden Esqr: Lieut. Governor of New York

Cadwallader Colden's Orders to Col. Thomas Ellison, in Reference to Indian Attacks

[Fort George Aug1 31 1761]

BY THE HONBLE CADWALLADER COLDEN ESQ* His Majesties Lieutenant Governor and Commander in cheif of the Province of New York and the Terri- tories depending theron in America WHEREAS from the Threats lately thrown out, and the apparently bad disposition of the Indians bordering on the Settlements of Ulster and Orange, there is great reason to apprehend that they may soon break out into Acts of Violence and Hostility, if some method be not fallen upon to deter them; more especially should it prove true, as reported, that five or Six of that people have lately been killd att Minissink. You are therefore, in case the said Indians still continue in ill Temper, and the Inhabitants uneasy and like to leave their Habita-

THE COLDEN PAPERS— 1761-1764 71

tions, forthwith to order such party or parties of the Regi- ment of Militia under your Command, to such place or places, and to remain on Duty so long time, as you shall think necessary, to protect the most exposed settlers in your County from any insult or open Act of Hostility by the aforesaid Indians ; takeing especial care, to intrust the Command of every such Party to an officer of known prudence and Experience, and in your orders, to restrain him from using force against the Indians, untill he hath tryed every other method to bring them back to their Duty, or from firing on them, unless it be to repell an Actual attempt on the lives of any of His Majesties Subjects.

You are to keep a close Correspondence with Colonels Hardenbergh and Thurston, who will receive Orders sim- ilar to these, that by being acquainted with the orders they shall issue in consequence hereof, and the Intelli- gence they may have of the Temper and Designs of the Indians, you may be the better enabled to guard against them on every Emergency; and you are to forward to me, or the Commander in cheif, all intelligence relative to this matter, also an Account of your proceedings herein from time to time.

Given under my hand at Fort George in

New York the Thirty First Day of August 1761

Cadwallader Colden

To Thomas Ellison Esqr Colonel or the Commanding Officer of the Second Regiment of Militia for the County of Ulster

From Gen. Jeffery Amherst

Staaten Island [N. Y.] 3d September 1761. Sir,

I am this moment favored with Your Letter of this day, and am Sorry that, the stoppage I Caused to be made from the last Years Billetting Money, for Making

TOL. YI

72 THE COLDEN PAPERS-1761-1764

good the Arms lost by the York Forces, during that Cam- paign, should have prevented the House from Coming to a Resolution, on My Requisition of the 15th June; and the More So, as from the Reasons I gave You, When the Objections were first Stated against that Stoppage, it is evident I cannot relinquish it, without putting the Government not only to a great Expence, but Subjecting His Majesty's Service to the greatest Inconvenience, thro' want of those Implements of War at the time when there may be most Occasion for them, which must abso- lutely be the Case if those that are Entrusted with, are not holden to return, or make them good: and as it behoves me particularly to Guard against Such an In- convenience, and that I have no other means to do it, than by making good the Loss out of the Billetting Money, I must strictly adhere to the Regulations I have made in that behalf, and Abide by the Stoppages that have been made in Consequence thereof from the other Provinces, as well as that of New York; and I trust that that will not make Your Assembly Slacken in their Zeal & Duty to their King, & Country, but that they will, as heretofore Continue to Exert themselves upon Every Occasion where the Service may stand in need of their Aid & Assistance, which I shall never Apply for, but when the good of the Publick may Require it; and I believe the Assembly will agree with me, that it Cannot be granted upon a more pleasing occasion than that of Securing the possession of His Majesty's Conquests in America, towards which, all the other Northern Prov- inces & Colonies, Except Connecticut (from whom I have as Yet nothing Decisive) have already voted their Quotas.

I am, with great Regard, Sir, Your most obedient Humble Servant.

Jeff: Amherst.

Honble Lieut. Governor Golden.

THE COLDEN PAPERS-1761-1764 73

From Gen. Jeffery Amherst

Staaten Island [N. Y.] 3d September 1761 Sir,

With this You will receive my Answer to Your Letter of this Morning, which I had Just closed when I received that now before me, with the Resolves of the Assembly, which Correspond so entirely with that Zeal & Solicitude for the good of the Service which I have so often Ex- perienced in them, since I have been Honored with the Chief Command in America, that I cannot forego the Earliest opportunity of Expressing the Satisfaction I feel at being Enabled to represent to His Majesty's Min- isters, their ready & Chearfull Acquiescence to the Requi- sition of the King's Servants, which I shall not fail to do in my first Dispatches to England.

As, in consideration of this ready Acquiescence, I should be sorry to put the Province to the Expence at- tending the Same, without an Absolute Occasion, I would recommend postponing the Draft of the Officers & Men, 'till the Arrival of a Man of War, or Packett, from Eng- land, that if the Instructions by her should not render this Aid necessary the Province need not be burthen'd with the Expence of it, of which I shall not fail to give You the Earliest Intelligence.

I am, with great Regard, Sir, Your most Obedient Humble Servant,

Jeff. Amherst.

Honble L1 Governor Colden

From Gov. Bosveld of Curacoa [Translation]

[September 8, 1761.] EXCELLENCY

I have with much affection become ye Complaints of the Commander under me of the Island of Aruba, over

74 THE COLDEN PAPERS-1761-1764

the person of Cap1 John Hanson Commander of a brigantein and being furnished with a Commission from New York, and Wei known by mee, Came the 14 of June Past upon ye Road of Aruba having in Company with him a English Sloop Cap* Wm. Linsin, which he had made Prize off ye harbour of Corocoa and unloaded her at aruba, the Cargo of beef pork and flour with Some Chests and Cases, and the VoorSaid Cap1 Hanson did find it proper to arm his boat in The Night, and to Send the Same in ye horse bay to overhaul all the Ships and Vessels that then was riding at anchor, and aboard ye Scooner of Izaac Linberg took away by force, or Stole one barrell of Salted tortel fish, lines, knives and Spoons and two hollow bouls, and took out of ye tortels Craal, two tortles en further Plundert and took away by force out of ye Ship of Jan Post three hides and the Cloaths be- longing to ye Sailors, and also out of ye Schip of Jan Arentsz two Tortle nets and from Wm Arendsz 4 tortles, ye Commanders of those Vessels which Were Robb'd went Next day aboard Ye brigg in order to doe their Complaints and diSire Restitution for their Goods, was all of them abused and with 111 Words drove from onboard by Ye Said Cap1 Hanson, ye Extorsion went on farther. Without regard in attackingh ye Company's Cattle firing upon them and killing a Cow Cut her open and took out of her a Calf and dragg'd ye Cow in the boat and a Goat also, they open'd and left the Intrals lay, and Likewise a Cow which they had kill'd, but t[h] rough the flight they Could Not Carry her of[f], there being found in her two balls, and Several other Catties More which are Sadly Wounded.

I Would make Mention of this to your Excellency before I would have wrought it over to ye Company. Wei knowing that your Excellency is Much to Aquitable as not to punish Such Mischievious insolency in Violating a Neutral Ground, Desiring that y6 Damages Might be Restored, that the mutual friendship betwixt us as Neighbours, and the Treaties made by Our Masters may Continue and ye Given Out Proclamations Each of us

THE COLDEN PAPERS— 1761-1764 75

Particularly to Maintain that our Navigations might be free and without hindrance and each of us be ready to assist and help one another, and that I may not have any hold on his person, if he should happen to Come in here again, I offer my Self in all occations to doe your Ex- cellencey Service.

Commendingh Your Excellencey in ye protection of the Most High and in Expectations of a Rescript to Sat- isfaction Continues With Respect to be EXCELLENCY

Your Most Humble & Ready Servant (was Sign'd) Jv Bosveld Governor & Collonel of ye Cavallary of their High Mightiness In the Fort Amsterdam upon Corocoa September ye 8 1761

Thus Faithfully Translated out of ye Dutch into y* English Language By Mee Corn Raven Sworn Translator

[Indorsed] Letter from the Governor of Curacoa complaining of Irregularities committed by Cap1 Hansen of the privateer

Nov. 5. Read & Copy to be served on Cap* Hansen with an order to attend of and give his answer in Council on Wednesday the 11 Nov1*

From William Pitt Announcing Marriage of George HI

Whitehall [London] 11th Septr 1761. Sir,

It is with the greatest Pleasure, that I am now to acquaint You, that His Majesty's Marriage with the Princess Charlotte of Mecklenbourg Strelitz (who landed at Harwick, on the Seventh Instant) was happily cele- brated on the next Evening, in the Royal Chapel at S* James's.

76 THE COLDEN PAPERS— 1761-1764

I sincerely congratulate You on this happy Event, which cannot fail to give the highest Satisfaction and Joy to all His Majesty's Faithful Subjects. I am, Sir, Your most obedient humble Servant

W.Pitt Lieu1 Governor of New York.

[Indorsed] Letter from the Secretary of State notifying the King's Marriage 5 Decern*" Read in Council

From Gen, Jeffery Amherst

Staten Island [N. Y.] Uth Sep1 1761. Sir

At the same time that I am to own the receipt of

your favour of 12th Instant, I cannot omit assuring you

of my Satisfaction on the pleasure you acquaint me,

Your Assembly seemed to have on your communicating

to them my Letter of the 3d Instant.

I was unacquainted with the Connexions L* Turnbull has with your Family, but I have a very good opinion of him as an officer, and my wishes to promote him on that account, can't but be encreased by your kindness to him in interesting yourself for his preferment. I am with great truth and Regard Sir

Your most Humble and most Obedient Servant

Jeff: Amherst.

Honble Lfc Governor Colden.

From Benjamin Pratt

Boston September 14 1761 Sp

I am extremely Sensible of my Obligation to you, for yours of the 7th Inst, that you have honored me with.

THE COLDEN PAPERS— 1761-1764 77

I assure you Sr the Hopes of your Patronage & Friend- ship are some of my Strongest Inducements to leave this my Patria & Settlement in it; to Cooperate with you in the Service of the respectable Province under your Command. Could I once See a Prospect of really Serv- ing that Province, in the Post proposed, without too great a Sacrifice of my Independance & Interest ; I should not hesitate a Moment, in Accepting with Gratitude his Majestys Favour, whenever his Majestys Pleasure shall be Signified to your Honor.

I know what I am to relinquish here, but know not what I am to expect, at New York You know the State Advantages & Disadvantages of that Office better than I can, & than any in whom I can confide; Your Advice Sr must therefore have great Weight with me. when you shall have received his Majestys Directions Relative to me. Know what my Expectations & Wishes are, & shall have Seen how the Assembly are disposed to make Provision for my Support. You will be better able to Judge for me than I can Judge for myself. Then your Opinion of the Affair, I believe will determine me either to the Affirmative or Negative as you shall then think proper. Pardon the Freedom I am taking, I pre- sume on your Goodness, & beg that, whenever you shall think it a proper Time to form a Judgment, you would think a Little upon the Subject, & give me your Thoughts. All that I aspire at is, that I may, in that Post, be independant enough to be able to do My Duty with Safety; And that the Salary & legal Perquisites should afford me & Family a Decent Support. The Center of all my Wishes, in Life, has always been to be in Circumstances that would permit me to Devote a great Part of my Time, to Speculation, Literary Ingage- ments, Correspondence with Friends of that Taste, and to the Doing Some thing for public Emolument. I should deem myself happy, if in your Government & by your Mediation, I might obtain this Wished for Situa- tion.— Yet if all this should fail; I shall still have my Wishes in one Thing, that is Sr in the Correspondence

78 THE COLDEN PAPERS-1761-1764

which you do me the Honor to offer, which with all other Favours shall be gratefully accepted by Sr

Yr Hon's most obedient & obliged hum. Ser1

B: Prat To the Hon : Cadwallader Golden Esq

[Indorsed]

To The Hon™*

Cadwallader Colden Esq.

Lieu1 Governor

&

Commander in Chief

of

New York

From Gen. Jeffery Amherst

Staten Island 21st Sept. 1761 Dear Sir

I am much obliged to you for your favour of the 19th which I received last night; permit me to offer you my most sincere congratulations on the good news the Packet has brought of the Kings intended Marriage, which I am certain must give you, and all His Majesty's faithfull Subjects of this Continent, the greatest pleasure and Satisfaction.

I thank you for the information you are pleased to give me of the Deserter whom the Mayor has committed, the season is too far advanced to reap any benefit from his Service adequate to the cost of provisions which must be supplyed him in joyning his Corps, he ought to be punished as all such Delinquents should in example, but as I think it better for the service he should not joyn his Corps, you will please to do with him as you Judge proper. I am with great Regard and esteem Dear Sir Your most Obedient Humble Servant

Jeff. Amherst.

Honorable L* Governour Colden

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From William Pitt Announcing Coronation of George HI & Charlotte

Whitehall [London] Septr 28:1761 Sir

I have the Satisfaction to inform You, that Their Majesties were Crowned at Westminster on Tuesday last the 22d Ins1, with the accustomed Ceremonies, on like Occasions, The Particulars whereof are inserted in the inclosed Gazette. I am Sir, Your most obedient humble Servant

W. Pitt. Govr. of New York.

[Indorsed] Letter from the Secretary of State Notifying the Coronation of their Majesties on the 225'. Dee. 5th 1761. Read in Council

Instructions to Gov. Robert Monckton Directing the Form of Prayer to Be Used for the Royal Family

[Sept. 29, 1761.] George R.

[Seal] INSTRUCTION to Our Trusty and Well- beloved Robert Monckton Esquire Our Captain General and Governor in Chief in and over Our Province of New York and the Territories depending thereon in America. Given at Our Court at S* James's the 29th day of Septr 1761, in the first Year of Our Reign.

WHEREAS We have been pleased by Our Order in Council of the 11th day of September Instant, to declare Our Pleasure, that in the Morning and Evening Prayers, in the Litany and in all other Parts of the Publick Service, as well in the occasional Offices as in the Book of common Prayer, where the Royal Family is appointed to be particularly prayed for, the following form of

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Words should be used Viz* Our Gracious Queen Char- lotte, Her Royal Highness the Princess Dowager of Wales and all the Royal Family Our Will and Pleasure there- fore is, that in all the Prayers, Litanys and Collects, where the Royal Family is prayed for, and which are used within Our Province of New York under your Gov- ernment, the same form and order of Words be used as follows. Viz1 Our gracious Queen Charlotte, Her Royal Highness the Princess Dowager of Wales and all the Royal Family, and for the better Notice hereof in Our said Province. It is Our further Will and Pleasure, that you cause the same to be forthwith published in the several Parish Churches and other Places of divine Worship within Our said Province, and that you take care that due obedience be paid thereto accordingly.

G. R.

[Indorsed] 29 September 1761

Instructions to the Governor of New York, directing the Form of Prayer to be used for the Royal Family on the King's Marriage. c

December 5. Read in Council.

From Gen. Jeffery Amherst

Staten Island [N. Y.] 30th Sept. 1761. Dear Sir

I know no Event in war more likely to happen than Prince Ferdinand's having gained a complete Victory over the French Troops, I therefore trust that the report of this great and good news, which you was so good to send me, will prove true, and that I may have the pleas- ure of repeating my congratulations to you on the ar- rival of the first Ship from England, which I think may be hourly expected. I am with great regard Dear Sir Your most obedient Humble Servant

Jeff: Amherst.

Honorable L1 Governor Cou>bn

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From Benjamin Pratt

Boston Oct. 3cd 1761 Sr

I this Day received his Majestys Mandamus, to you or the Commander in Chief for the Time being; The Words, Limiting the Time of my holding the office of Chief Justice, are "During Our Pleasure, & his Resi- dence within our sd Province" As to the Tenor of the Commission, I, for my own Part, am less Concerned about it, than on Account of what Effects it may have on the Minds of the Assembly; who, if they are dis- pleased with it, may oblige me to quit the Post by Denying me a Support. As the Commission will be, I apprehend the Chief Justice cannot be removed, without his Majestys Orders for that Purpose: & while so good a Prince, as our present Soveign is on the Throne, I presume no such orders will be given, without Reason. And while the People & I acquiesse in this his Majestys Order in a Decent Manner, we may hope that on proper Application his Majesty will be pleased to direct a Com- mission according to our Desires. And Considering what I owe to the King & the Public, & Reflecting on what you was so good as to say in your Letter of the 7th of Sep1; I am determined to exculpate myself, & do now assure you, that I am ready to accept the Commission as directed; & will as soon as I can Settle my Affairs here, come to Receive the Commission & officiate. I do this in Confidence of your good Interposition that a Commis- sion quam diu te bene gessent may be obtained hereafter & that there may be such Provision made for my Sup- port in this office as to make it Safe & consistent with Honor to hold it. But whether these Objects of my Wishes are attainable or not, I cannot foreknow. You Sr are the best able to Judge: I must therefore beg Leave to Repeat my Solicitation for your Sentiments. It very much Concerns me to know what I can reasonably expect, without this I know not how to Settle my affairs here. Permit me to State my Difficulties; What Little

82 THE COLDEN PAPERS-1761-1764

I have in the World consists in a real Estate for which I can neither find Purchasers nor Tenants without Sink- ing one half the Value, computed either at the Rate it Cost me, or what it would be worth to me to improve it myself; & in a personal Estate all out in many Debts, chiefly Small, & many Doubtful & under such Circum- stances by Reason of the Length of Time they have been due, that they cannot be collected in my Absence without great Loss. Upon the whole if I hurry away from this Place, I must be a very great Loser besides Leaving my Business here worth double the Profits of the Office of Chief Justice as it has been in my Predecessors Time. And even this Small Pittance is not certain. If I must probably be forced to return, I should order my Affairs here accordingly. I have not a Fortune that will Support me in Running Risques, or maintain me if your Province will not. In short I am greatly perplexed to know what to do, & this Perplexity increases my Importunity. Mr Auchmuty will wait upon you, & if you have not Leizure to Write, pray communicate yr Thoughts to him & you will really Serve & oblige

Your Honrs most obed* hum Serv*

B. Prat To the Hon. Cadwallader Colden

[Indorsed]

For The Honbie

Cadwallader Colden Esq Lieu1 Governor & Commander in Chief of the Province of New York

From Gen. Jefiery Amherst

Staaten Island [N. Y.] 5th October 1761. Sir,

As by Your Letter of 3d September, You was pleased to Acquaint me that the Assembly of New York had Come to a Resolution to Continue 173 Men, Officers In- cluded, in the pay of the Province, during the Ensuing

THE COLDEN PAPERS— 1761-1764 83

Winter, to be Employed in Such manner as I should think proper ; In Answer to which I Desired You Might postpone the Draft of those Men, Untill the Arrival of a Man of War, or Packet, that if their Services Might not be absolutely requisite, the province Might not be put to any unnecessary Expence.

I am now, Sir, to Acquaint You, that by the Arrival of the Packet, I find the Quotas Demanded of the Sev- eral provinces will be Requisite; and therefore I must beg You will give the Necessary Directions for making the Draft of the above Mentioned 173 Men Ofiicers In- cluded, from the Troops in the present pay of the Province of New York, that they may be Continued and Employed during the Winter in the Services Allotted for them.

I am, with great Regard, Sir, Your most obedient Humble Servant

Jeff. Amherst.

Honble Lfc Governor Colden.

From John Pownall gir [Oct. 9. 1761]

When I took the liberty to request your Interest in favor of Mr Burke to be agent for New York, I asked it only in case of a vacancy which you, in your letter to me, supposed would happen; but it was very far from my Intention to request any favor for him to the prejudice of Mr Charles the present Agent, whom I really beleive to be much better qualified to serve the Province in that Character than any other man & there- fore for his sake as well as for the publick, I shall be extremely sorry if any misapprehension of my request to you should be injurious to him. I am Sir

Your most obed* humble Servant

Oct. 9, 1761. JoHN PowNALL

Cadwallader Colden Esqr

84 THE COLDEN PAPERS-1761-1764

From Earl oj Egremont, Secretary of State

Whitehall [London] 9th Octr 1761 Sir,

The King having been graciously pleased to grant Mr Pitt's Request to retire from Business, and to appoint Me to be Secretary of State for the Southern Depart- ment; I take the Earliest Opportunity to acquaint You therewith, and to desire, that you would be pleased, for the future, to address your Letters to me, which I shall not fail to lay immediately, before the King, and to transmit to You such Orders, as His Majesty shall judge proper to give thereupon.

I have at present only to add, for your Information, that this Change will not occasion any Alteration in the King's Measures, particularly with Regard to the vig- orous Prosecution of the War. I am, Sir, Your most Obedient humble Servant

Egremont Governor of New York

[Indorsed]

Letter from the Secretary of State notifying the Resignationof Mr Pitt late Secretary of State. Dec. 5. Read in Council

From Gen. Jefiery Amherst

Staaten Island [N. Y.] 14th October 1761 Sir,

On the 12th Instant, I was favored with Your Letter of that Days date, Acquainting Me of Your having given the Necessary Directions, for Continuing the Number of Men, required of the Province of New York

As L* Colonel Robertson was going over to New York, I Desired him to thank You for Your former Letter on the Subject; And I am now to beg Your Acceptance of

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my best thanks for this New proof of Your Zeal & Readi- ness, in forwarding His Majesty's Services I am, with great Regard, Sir, Your most obedient Humble Servant

Jeff: Amherst. Honble L1 Governor Colden.

From Gov. Benning Wentworth

Portsmouth October 18th 1761 Sir,

After Congratulating your Honor on the Signal Suc- cess of His Majestys Arms in the East Indies, and on the Continent of Europe, I take the Liberty of recom- mending to your Notice, the bearer hereof Mr John Nel- son, a nephew of mine, whose inclination leads him, be- fore he Embarks for England, to be acquainted with His Majestys other Governments, & their Commercial Interests, whenever you put it in my power to return this favour, I shall do it with the greatest pleasure. I am with great truth & regard Sr

Your Honors most obedient humble Servant

B. Wentworth

The Hon^ie Chads Colden Esq

Warrant for Arrest of Patrick Flynn

[Copy]

[October 30th 1761.] GEORGE the Second, by the Grace of God of Great Britain France & Ireland, King, Defender of the Faith,

&ca To the Sheriff of the City & County of

Albany, Greeting We Command You, that You take Patrick Flynn, if he may be found in Your Bailwick,

86 THE COLDEN PAPER&-1761-1764

and him safely keep so that You may have his Body [before] us at the City of New York, on the third tues- day in January next, to Answer unto Abraham Has- brouk of a Plea of Traspass, and also to a Bill of the said Abraham Hasbrouck against the said Patrick Flynn, for taking and Carrying away the Goods and Chattels of the said Abraham Hasbrouck to his Damadge, One hundred pound, according to the Custom of our Court, before Us to be Exhibited, and have You then & their this Writ Witness John Chambers Esqr Second Justice, Daniel Horsemenden, Esqr third Justice & David Jones forth Justice of our Supream Court for the Province of New York, the Thirtieth Day of October, in the Thirty forth Year of your Reign.

Clarke. a true Copy

J. Appy Secretary Livingston Attorney

c From Sir William Johnson

Fort Johnson Novr 6th 1761 Dear Sir

After a tedious Journey of 6 Weeks I arrived from the Detroit a few days ago, and am now to acknowledge the receipt of your favour of the 2d of last July, which I was then prevented from answering, by reason of my being on my Journey

With regard to the Lands, I beg leave to ref err you to Mr. Banyar, to whom I have wrote by this opportunity, & made him such proposalls as I imagine will be accept- able. I must confess I was a good deal out of humour when I wrote you last, as I judged myself in a great measure trifled with by some people, especially as I had the Indian Deed of gift prior to any other pretensions; & when it is notorious that I am the only person in these parts who (far from preventing) takes every measure for settling the Lands which I purchase, by the encourage-

THE COLDEN PAPERS— 1761-1764 87

ment of Industrious people to whom I grant lotts, on the most reasonable terms. At the same time that I was a good deal disgusted at the delays which I met with, I still flattered myself that the friendship subsisting be- tween us, would secure me your interest therein, And I should be heartily glad that the affair might be settled during your administration.

I should be glad to hear from you, what Mr Barclay has wrote you, concerning the land in the Mohawks Country, as well as upon the Subject at present in ques- tion.

The Western Confederacy of Indians, seem entirely disposed to favour the English, & will not in my opinion, unless provoked, be ever persuaded to break the peace which I have made with them. And in order to finish all matters, and put things on a proper footing, I purpose with General Amhersts approbation, to call down the Six Nations to a Meeting, where I hope everything will be adjusted to the publick Satisfaction.

As I am busied at present in preparing, & making up the Indian proceedings for General Amhersts perusal I hope you'll excuse my present brevity, which I shall make up for in my next for altho a good deal embarrassed at present, I was unwilling to let Slip the acknowledgement of your last, as well as the opportunity of Assuring you how much I am, Dr Sir, with the greatest Sincerity

Your Hearty Welwisher & most Humble Servant

Wm. Johnson P.S.

I Judge it necessary to inform you that one Urie Klock residg at Conajoharee has during my absence, deported himself in so extraordinary a manner towards the Inhabitants, & Indians there, that he has given an universal discontent particularly concerning the Land purchased of Mr Livingston (which you know included the Indian Castle) by warning, & threatening to turn sed

88 THE GOLDEN PAPERS— 1761-1764

people off who have resided thereon, & payed rent to the Indians for the same these sev1 years past, with other unwarrantable steps, I should therefore be glad to have yr opinion thereon, & to have a stop put thereto at least until I shall hear from Europe having wrote home on that Subject, otherwise the Indns may attempt to right themselves, which may be productive of bad consequences, & which it may not be in my power to prevent

Yrs

WJ.

The Honble

Mr Coldbn L* Govr

From Gov. Robert Monckton

New York Novbr ye 11th 1761 Sir

Finding that by the 99th Instruction to Sir Charles Hardy, (& supposing that mine will be the same) His Majesty is Pleas'd to Order in case of the Governors Absence, one full moiety of the Salary, & of all Perqui- sites, & Emoluments, that would become due unto him; to be pay'd to the 1/ Govr, or Commander in Chief, during the Govrs Absence. And as my Absence will be on His Majesty's Service, It would be best that this should be settled between us, before I leave this. I should therefore Sir, be glad to have your thoughts on it as my time is but Short I am With much truth & Esteem Sir Your obedient Humble Serv*

Robt Monckton

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From Gov. Robert Monckton

New York Novbr ye 11th half past ten Sir

I am just now favour'd with your letter, and am sorry to find that it is not so Satisfactory as I could have ex- pected. The 99th Instruction to Sr Charles Hardy, which I mention'd in my former letter, I suppore you are well acquainted with; And why you can think His Majesty intends otherwise by me, I am much at a loss to find out. Had I not thought this a thing of Course, I should not have troubled you about it; But, if in any Shape you are to Govern yourself by those Instructions, and which your Commission of 1/ Govr directs you to doo why not by the Whole.

In short Sir, I should be sorry to make any demand, I did not think my just, & undoubted Right, And it is a Point so Plain to me, & must be so to Every Body; that I can not by any means think of leaving it unsetled. I must therefore Beg of you to be more Explicit on this Head.

I am, x

With much Esteem Sir Your Most Obedient Humble' Serv*

Robt Monckton

Lfc G0Vr COLDEN

Petition of George Spencer

[November 26, 1761.] TO THE HONOURABLE CADWAL- LADER COLDEN ESQ* his Majesty's Lieutenant Governor, and Commander in Chief in and over the Province of New York, and the Territories depending thereon in America, and Chancellor of the High Court of Chancery in the Same.

90 THE COLDEN PAPERS-1761-1764

THE PETITION of George Spencer, now Confined in Goal in the City of New York aforesaid, HUMBLY SHEWETH.

THAT YOUR PETITIONER, having been near two Years confined at the Suit, as 'tis Said, of Thomas Penington & Son of Bristol, on Account of a pretended Debt, from which he has been Legally Discharged in England, by an Act of Parliament, made in the Twenty Seventh Year of the Reign of our late Sovereign Lord King George the Second, for Relief of Insolvent Debtors, as by the said Act, and the Proof of his said Discharge, will more fully and Clearly Appear. And being very Poor, he Applied by Petition, in the Term of April last, to the Honourable the Justices of his Majesty's Supreme Court of Judicature, Praying permission to Defend against the said Suit in Forma Pauperis, and that they would be Pleas'd to Assign him an Attorney & an As- sistant Council for that Purpose; which they, in the said Term granted; and agreeable therto, Assigned White- head Hicks & Benjamin Kissam Esq*3 to Defend him accordingly. And altho' the said Justices have Heard the Arguments of the Councils on behalf of both Parties in this Case; yet, for some particular Reason, they have not Decided the Matter, nor Discharged your Petitioner from this Confinement, tho' the said Act, in such Case, directs; so that he still Remains in Goal as aforemen- tioned, quite Destitute of every necessary in Life, and his poor Family also in want of Bread! Misery beyond Example. And for a particular Detail of this Unfortu- nate Affair; your Petitioner, with the greatest Submis- sion, most Humbly begs Leave to Refer your Honour to the State of his Case hereunto Annext; not only, Sir, as his Majesty's Representative, who no Doubt will See that Right and Justice be Done to all his Subjects under your Charge, but also as Chancellor of the High Court of Chancery in this his Majesty's Province; under which Titles & Denomination, he, your Petitioner, most humbly Presumes to Address himself to your Honour on this Unhappy occasion, as there are some Points in the said

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Affair, which, by the Oath of your Petitioner, may be Clear'd to the Interest & Advantage of his Creditors, and which cannot be Done in a Court of Common Law; and by which Oath, he most humbly Conceives, your Honour will be Able to form a proper Judgment of the Matter. WHEREFORE your Petitioner most Humbly Prays, That your Honour will be favourably Pleas'd to Take the Premisses under immediate Consideration, and Permit him, as he is very Posi- tive will Appear by his Affidavit at the foot hereof, to Defend against the said Suit, in Forma Pauperis, in the said High Court of Chancery, as he was Permitted to do in the Supreme Court of Judicature as aforementioned; and for that Pur- pose, to Assign the said Whitehead Hicks & Benjamin Kissam Esqrs as his Attorney & Council, to defend him Accordingly. And your Petitioner most humbly Hopes, as he is not only in the Utmost Distress as mentioned above, but also Afflicted, thro' his long Confinement, with a vio- lent Disorder in his Eyes, by which he is in great Danger of Losing his Sight, and can get no Remedy while here, having already Applied to sundry Doctors on that account; and being De- sirous to Leave the Province, & go where he can immediately not only get Relief for his said Disorder, but be Put into Business to his Satis- faction, That your Honour will be Pleas'd to Order or Direct the said Whitehead Hicks & Benjamin Kissam Esqsr to Lay the whole State of the Matter before you in a Summary way, without the Cus- tomary form of a Court; and Implores your Honour, in your well known great Justice & Clemency, that you'll be Pleas'd to Compassion- ately Consider his Distressed, Miserable situation & Circumstances, as also that of his Family; and as soon as may be Discharge him from this Con- finement, according to the Directions of the said Act of Parliament in such Case made & Provided.

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And your Honour's Petitioner and most Humble Supplicant, as in Duty bound, Shall ever Pray, &c.

George Spencer

Sworn this Day of

Anno Domini 1761 Before me.

George Spencer, being duly Sworn, maketh Oath, that he is not worth Five pounds in the World, his Wearing-Apparel excepted.

May it please Your Honour,

It appears from the within Petition that the Suit therein mentioned is depending in the Supream Court: An application therefore to have Council assigned to defend a Suit in Chancery, when no Suit is there depending, is idle We dont think the Petitioner wants the Aid of the Chancery, Because, by the Act of Parliament the Court in which the Suit is commenced, has express power to give Relief in the premisses, if he is entitled to it

Whitehead Hicks Benjn Kissam

16th Decembr 1761.

MAY IT PLEASE YOUR HONOUR

As I am detained in Goal, where I have now been above two Years confined on Account of a pretended Debt, from which I have been legally Discharged in England, as I can manifestly make Appear to your Honour, I pre- sumed, in order to obtain my Liberty, to Address my Self to his Excellency Governor Monckton, as Chancellor in this Province, and Sent him a State of my Case; but as his Majesty's Service called him immediately from his Government to another Part of the World, he had not time to Examine into the Affair; but was Pleas'd to Acquaint me by his Servant, that he had Recom- mended it to your Honour. And in order, Sir, that you may perfectly understand the Matter, Permit me, with most humble Submission, to give you a Detail of the

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Particulars, by which, I humbly Conceive, your Honour will be able to form a proper Judgment; and in your great Clemency, as I am in the utmost Distress, I most humbly hope you'll be favourably Pleas'd to take the Premisses under your immediate Consideration, and order or Direct my Discharge from this Confinement, ac- cording to an Act of Parliament in this Case made & Provided; which, I conceive, your Honour will find Just & Equitable in this Affair.

The State of the Case, Sir, is This? As I had ob- served for some time, that an Illicit Trade was Carried on by Persons in this Place; which I conceived was In- jurious to his Majesty's Service, as also to the fair & honest Traders ; I presumed to Acquaint his Honour, the then Lieutenant Governor, of it, in order that a Stop might be Put to such an infamous Commerce

Soon after which it was rumour'd in Town that I was turn'd Informer. And in the Evening of the next Day, which was the First of November, in the Year 1759, I was Ill-treated on that Account at the Coffee-House, by sundry Persons. Next Morning, two of the said Persons went to One of my Creditors, and Persuaded him to Let them have a Bond of mine; which they Carried to the Mayor's Court Office & Took-Out a Writ: And one of them coming to my House & Enquiring at the Door for me, I went to him, knowing the Voice, and Desired him to walk in; but he, with some feign'd Cerrimony, refus- ing; and the Deputy Sheriff Philip Branson being De- signedly near by, came in that Interim, & Arrested me. And as I was going with him to Goal, he forced me into a Tavern, where he Called for Wine & other Liquor: And, in the meantime a Cart being brought to the Door by a Mob of Sailors & Others, they Riotously forced me upon it, and Draw'd me through great Part of the City; huzzaing, and Paulting me with Mud & Filth of the Streets, in a manner too Notorious to Recite. And had not his Honour the Governor, together with some of the Magistrates, Rescued me from their Hands; I should certainly have been Murdered.

94 THE COLDEN PAPERS— 1761-1764

In a short time after which, as I was got into a Gen- tleman's back Appartment out of the way of the Mob, the said Branson came to me; and, with a Pistol in his Hand, forced me Behind him on a Horse, in that most shocking Condition, and brought me to Goal, riding at the same time like a Madman, huzzaing and Crying-Out? He had got the Devil behind him & was riding to Hell. Which Affair, I presume, was not only one of the great- est Insults upon Government; but was certainly one of the most Base, Cruel, Ignominious Actions, that ever was Committed in any Christian Country! Barbarity without Example.

I must here Presume to Observe to your Honour, that, when I was in England in the year 1757, I was under a Necessity of taking the Benefit of an Act of Parliament, then in force, made for Relief of Insolvent Debtors, in order to Extricate my Self from some Em- barrassments, which I had been Involved in, by one Isaac Gualter Bradick Merchant, late of Madeira, who had Failed there in Trade. And soon after my Arrival here, in the same Year, I acquainted my Creditors of it: Notwithstanding which, some of them Arrested me, and I was Put in Goal on two Actions; one at the Suit of Thomas Penington & Son of Bristol, Survivors to a Bond as I shall hereafter mention, and Mother at the Suit of R. Fowler Coade of Lime-Regis. And the Case, at the Suit of the said Coade, being brought to a Hearing in Court; the Judges, on my Producing & Proving the Copy of my Discharge in England, Discharged me from that Action on a Common- Appearance, as in such Case the said Act directs. On which, the Person who had Ar- rested me in the other Action, finding I should be dis- charged of That in like manner, immediately withdrew it, & Let me at Liberty. And then the Principal & major Part of my Credtors agreed to Conform to the said Act; and accordingly Appointed an Assignee, as in such Case is therein Directed, to take Possession of my Estate & Effects, to Dispose of, not only for their own Use, but also for the Use of the Rest of my Creditors: And soon

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after Sent a Letter to that Effect, to the Clerk of the Peace in London, in whose Power, by the said Act, the said Estate & Effects were Vested, requesting him to Send hither an Assignment of the Same to their As- signee whom they had so Appointed; which the said Clerk of the Peace Sent accordingly: And by virtue thereof, the said Assignee, soon after I was brought to Goal as aforesaid, took possession of my Estate & Effects, and Sold the Same at Publick Auction for the Use of the said Creditors, Except my House, as I shall hereafter mention. The Copy of the said Letter, is as follows, Viz.

New York, July the 4th 1758. Sir

We whose Names are Under written Principal & major Part of the Creditors of George Spencer of this City Merchant, who Surrendred himself to the Prison of the Fleet as a Fugitive beyond the Seas for Debt, and was Discharged at Guildhall in the City of London on the 31st Day of March 1757 by the late Act of Insolvency, have Appointed Mr Francis Lewis of this City Merchant, to be Assignee, in order to take Possession of the said George Spencer's Estate & Effects, to Dispose of, for the Use of Us and the Rest of his Creditors, agreeable to the Tenor of the said Act, which we Conform to ; and to make Dividends thereof according to the Proportion of each respective Debt. And for which Purpose, we Desire you will immediately Make and Send over an Assign- ment accordingly, of all the said Estate & Effects, to the said Mr Lewis, agreeable to the Schedule left in your office, as we do hereby Apply to you for the Same accord- ing as the said Act directs. We are

Sir Your most Humble Servants.

To— Man Esqr Clerk of the Peace in London.

(Copy)

Your honour will be Pleas'd to Observe, that the above Letter, as also Three others, all of the same Tenor

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& Date, one of which being now in my Possession, was Signed by the Principal & major Part of my Creditors as therein mentioned, and Sent to the said Clerk of the Peace by different Conveyances, for fear of Miscarriage, Except the One, which I kept for my own Security; and the Assignment being accordingly Sent to the said As- signee as aforesaid, he, by virtue thereof, Seized, Sold, & Disposed of all my Goods & Chattels, even to the very Cloaths upon my Back, without ever Consulting me, or Leting me know any one thing Relative to the Matter, nor has not yet to this Day; and would also have Sold my House & Left me here to Perish, had I not prevented him by having the Deeds in my own Possession. Soon after which, when I summoned them to shew Cause of Action for detaining me in Goal, I made a Tender of the said House, in Presence of the Honourable the Justices of his Majesty's Supreme Court of Judicature for this Province, and would then have Delivered up the Deeds for the Use of the said Creditors, provided they would have Discharged me according to the Intent & meaning of the said Act, which they had Agreed to Conform to, as mentioned in their said Letter to the Clerk of the Peace; but one of them, tho' he had Signed the Same, absolutely Refused, as he had some time before Declared that I should never come out of Goal till Carted out in my Coffin. So, as I found he intended me no less Pun- ishment than perpetual Imprisonment for what I had Said to his Honour the Governor, I was under a Neces- sity of Disposing of the House my Self, in order to Sup- port me in this intended Confinement.

Your Honour will be Pleas'd further to Observe that the chief Debt I owed was to David Clarkson (Father to the Present David) Cornelia Rutgers & Paul Richard, then all of this City, but are since Dead, and Thomas Penington & Son of Bristol, jointly in one Bond; and the three former being Dead as aforesaid, the said Bond devolved to the Two latter, at whose Suit I am now again Confined as I had been once before for the said pretended Debt, altho' I was Discharged for the same by the said

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Act; which the said Penington & Son consented to, and soon after acknowledged to me in a Letter from under their Hands; which I can Produce. But notwithstanding I was so Discharged ; yet some of the said Creditors here, by having the said Bond in their Possession, have Put it in Suit again as I have said Before, in the Name of the said Penington & Son ; tho' I am persuaded those Gentle- men never Sent, or gave any orders or Directions for so Doing; and I am detain'd here meerly out of Spite & Malice, with no other view but to Punish & Distress me, tho' the said Creditors had Agreed to Conform to the said Act, Signed the said Letter to the Clerk of the Peace, and my Goods, &c. had been before Sold by their said Assignee, in Consequence, for their Use. As to the other Debt, for which I was brought to Goal on the 2d of No- vember as aforementioned I have Discharged it, as I had Contracted it my Self; whereas this Pretended Debt, for which I am now again Confined as I have said before, was Contracted by the said Bradick at Madeira, for which I never Received the least Consideration in Na- ture, and am not only Discharged from it by the said Act as I have mentioned already, but tis absolutely out of my Power to Pay it; and it cannot be Presumed that any Court in America, will Reverse the Sentence, or Judgment of the Court in England, by which I was so Discharged. Thus your Honor hath a true State of the Case:

And for Endeavouring to Serve my King & Country in a Laudable Affair as I conceived, as I had some time before Done in a Matter which Proved of the highest Consequence to the Nation, and for which a Noble Lord was Pleas'd to do me the Honour to Assure me I should be well Rewarded, I was Arrested; Carted, Mobed &c. about the City; brought to Goal in a most Shameful manner, where I have now been above Two Years con- fined for a pretended Debt as I have Said before; my Goods, &c. Seized & Sold in Consequence of my Dis- charge for the Same, by order of the said Creditors, for their Use ; am quite Destitute, and nothing Left to Sup-

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port me! a Deplorable Case indeed. But I Trust from your Honour's well known great Justice & Clemency that you'll be favourably Pleas'd to Compassionately consider, not only the Unhappy, Miserable Situation I am in thro' meer Spite & Malice, but the Distressed con- dition of my Poor Family, which is now in want of Bread, and take the Premisses under your immediate Considera- tion as I have before Presumed to Request: Under which Calamitous circumstances I most humbly Presume to address my Self to your Honour, not only as his Majesty's Representative, who no Doubt will See all his Liege Subjects under your Charge have Right & Justice done them, but also as Chancellor of the High Court of Chancery in this his Majesty's Province; and most humbly Hope that your Honour will be favourably Pleas'd to Examine into this Affair accordingly, as there are some Points relative to my Discharge in England & the Interest of the said Creditors, which the Honourable the Justice of his Majesty's Supreme Court of Judicature aforesaid, are not Apprized of; and which I humbly Conceive cannot be Clear'd up for their right Compre- hension of the Matter, unless my Oath be Admitted; which I presume cannot be Done in a Court of Judicature or Common Law.

Wherefore, Sir, as the Honourable the said Justices were Pleas'd, in the Term of April last, to Assign White- head Hicks & Benjn Kissam Esqrs as my Council & At- torney, to Defend me in forma Pauperis against the said Action; I most humbly Pray that your Honour will be Pleas'd to order or Direct the said Gentlemen, to Lay the said Matter before you ; that is, the Act of Parliament in such Case made & Provided, the Proof of my Discharge thereby, and admit my Oath in order to Clear up such Points, not only in behalf of my said Discharge or my Self, but also to the Interest and Advantage of the said Creditors, as may be in Doubt with respect to my said Estate, &c. and the Extension of the said Act, which I humbly Conceive I shall be Able to do beyond Dispute; and most humbly hope that your Honour will be favour-

THE COLDEN PAPERS— 1761-1764 99

ably Pleas'd to Order me to be Discharged from this Confinement, as the said Act in this Case directs, as I have Presumed before to Request; having now an Op- portunity of going to another Part of the World, where I can be Put immediately into Business to my Satis- faction.

I most humbly Implore your Honour's Pardon for Troubling you with this Long, tho' necessary Detail; Intreat your Indulgence with the Honour of a favourable Answer and Permit me to be

Your Honour's

Most Dutiful and most Obedient Humble Servant

George Spencer Goal, New York, November the 25th 1761. The Honourable Cadwallader Colden, Esqr

[Indorsed] The Petition

of George Spencer Humbly Presented the 26th Day of November 1761.

From Gov. Joszah Hardy

gir Perth Amboy [N. J.] Novr 28th 1761

As I had the pleasure of seeing You so lately at New York, I shall only for the sake of form acquaint you of my arrival here & that I have taken on my Self the ad- ministration of the Government of this Province; at the same time give me leave to assure You that I shall at all times be ready to join my endeavors with yours in pro- moting his Majestys Service & if I can be of any Service to you in particular be pleased to lay your Commands on me

I am Your Hon*3 most Obedient Humble Servant

The General Assembly of JosiAH Hardt'

this province are to meet

the 30th of this month at Amboy.

The honWe Cadwallader Colden Esqr

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From Rev. Henry Barclay

[New York December 2d 1761.] May it please Your Honour

I have considered the Paragraph of Sir William John- sons Letter which your Honour was pleased to communi- cate to me, and beg Leave to observe thereon, that, as it was always my earnest Desire to promote the Interest of Religion amongst the Indians, I am still disposed to do everything in my Power to render a Missionary's Resi- dence amongst them as agreable as possible. I found by Experience the great Inconvenience of being in Lodgings, which was the only Motive that induced me to accept of the offer made me by the Indians of those Lands, which was at first their own Motion without the least Influence of mine directly or indirectly, as may appear by the Minutes of the Commissioners of Indian Affairs, of the 25th of October 1739. The Lands they gave me were by them pretended to be a free Gift, but I was told at the same time that I must pay the then Proprietors and Occupiers, who were very Numerous which together with Presents to the Sachems and 100 wt of gunpowder to the Warriors &ca fell little Short of the Price of Lands as then purchased from Indians, and with the Patent and Improvements did not cost me less than £500. Upon Mr Ogilvies Succeeding me in the Mission I ordered my Tennant in lieu of the Rent he was to pay me, to Lodge and diet Mr Ogilvie allotting him the best Room in the House: so that the whole Benefit I have had was only four Years Occupation

I am now ready to convey the whole upon the follow- ing Conditions viz

1st That the Conveyance be made to The Society for the propagation of the Gospel in Forreign Parts for use of their Missionary, for the Time Being, to the Mohawk Indians

2dly That there be paid me on Executing the Release the Sum of Five hundred pounds Currency, which I have been offered in ready Money last winter, and was

THE COLDEN PAPERS— 1761-1764 101

strongly importun'd to sell it; but I neither thought it an equivalent, nor was I dispos'd to part with it on any account but for the Benefit of the Mission

3dly Inasmuch as I agreed with the corporation of the City of Albany to pay them the Yearly rent of one Schepel of wheat for each morgan of the Flats or low clear Land provided they executed a Lease in a legal manner, which they afterwards alledg'd they could not do, unless I would first convey to them the Indian Purchase which was not in My Power, nor did I think my self Oblidged to comply with, I expect to be acquitted from any obligation of warranting the low lands against any Suit or Claim of Said Corporation. If Sir William Shall think these Terms reasonable, and can find means to make the Purchase, I intend to make a Present towards putting the House & Farm in Repair. If Sir William Should think these Terms unreasonable I shall be ready to consider any proposal he shall be pleased to make I am with all Dutiful Respect Your Honours

Most Obedient and Most Humble Servant

Henry Barclay New York December 2d 1761 The Patent contains 320 Acres.

The Honble Cadwallader Golden Esqr

Additional Instructions for Gov. Robert Monckton Concerning Indian Land Deeds

George R. fDec' 9> 1761^

ADDITIONAL INSTRUCTION FOR OUR TRUSTY AND WELBELOVED [Seal] ROBERT MONCKTON ESQ*, Our Cap- tain General & Governor in Chief of Our Province of New York, & the Territories depending thereon in North America; And in his Absence to Our Lieutenant Governor

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or Commander in Chief of Our said Prov- ince for the Time being. Given at Our Court at S* James's the Ninth Day of De- cember 1761, in the Second Year of Our Reign.

WHEREAS the Peace & Security of Our Colonies & Plantations upon the Continent of North America, does greatly depend upon the Amity and Alliance of the sev- eral Nations, or Tribes of Indians bordering upon the said Colonies & upon a just and faithful Observance of those Treaties and Compacts, which have been heretofore Solemnly entered into with the said Indians, by Our Royal Predecessors, Kings and Queens of this Realm. And Whereas notwithstanding the repeated Instructions which have been from time to time given by Our late Royal Grandfather, to the Governors of Our several Colonies upon this Head, the said Indians have made & do still continue to make great Complaints; that Settle- ments have been made & Possession taken of Lands the property of which, they have by Treaties reserved to themselves, by Persons claiming the said Lands, under Pretence of Deeds of Sale & Conveyance, illegally fraudelently and surreptitiously obtained of the said Indians, And Whereas it has likewise been represented Unto Us, that some of Our Governors or other Chief Officers of Our said Colonies, regardless of the Duty they owe to Us, & of the Welfare & Security of Our Colonies, have countenanced such unjust Claims and Pretentions by passing Grants of the Lands so pretended to have been purchased of the Indians We therefore taking this Matter into Our Royal Consideration, as also the fatal Effects, which would attend a Discontent amongst the Indians, in the present Situation of Affairs & being de- termined upon all Occasions to support & protect the said Indians, in their just Rights & Possessions & to keep inviolable the Treaties & Compacts which have been entered into with them, Do hereby strictly enjoyn <fe command, that neither yourself nor any Lieutenant Gov-

THE COLDEN PAPERS— 1761-1764 103

ernor, President of the Council or Commander in Chief of Our said Province of New York, do upon any pretence whatsoever upon pain of Our highest Displeasure & of being forthwith removed from your or his Office, pass any Grant or Grants to any Persons whatever, of any Lands within or adjacent to the Territories possessed or occupied by the said Indians, or the Property or Pos- session of which has at any time been reserved to or claimed by them. And it is Our further Will & Pleasure, that you do publish a Proclamation in Our Name strictly enjoyning & requiring all Persons whatever, who may either willfully or inadvertently have seat'd themselves upon any Lands so reserved to, or claimed by the said Indians without any lawful Authority for so doing, forth- with to remove therefrom. And in case you shall find upon strict Enquiry to be made for that Purpose, that any Person or Persons do claim to hold or possess any Lands within Our said Province upon pretence of Pur- chases made of the said Indians without a proper License first had & obtained ; either from Us or any of Our Royal Predecessors, or any Persons acting under Our or their Authority, you are forthwith to cause a Prosecution to be carried on against such Person or Persons who shall have made such fraudulent Purchases, to the End, that the Land may be recovered by a due Course of Law. And Whereas the wholesome Laws, which have at different Times been passed in several of Our said Colonies & the Instructions which have been given by Our Royal Predecessors, for restraining Persons from purchasing Lands of the Indians, without a License for that purpose & for regulating the Proceedings upon such Purchases, have not been duly observed; It is therefore Our express Will and Pleasure that when any Application shall be made to You, for Licence to purchase Lands of the Indians you do forbear to grant such Licence until you shall have first transmitted to Us by Our Commissioners for Trade & Plantations, the particulars of such Appli- cation, as well in respect to the Situation, as the Extent of the Lands so proposed to be purchased, & shall have

VOL. VI

104 THE COLDEN PAPERS-1761-1764

received Our further Directions therein. And it is Our further Will and Pleasure, that You do forthwith cause these Our Instructions to you to be made public not only within all parts of Our said Province Inhabited by Our Subjects, but also amongst the several Tribes of Indians, living within the same, to the End that Our Royal Will & Pleasure in the Premises may be known & that the Indians may be apprised of Our Determined Resolution to support them, in their just Rights, & inviolably to observe Our Engagements with them.

[Indorsed] G.R.

Additional Instruction for Robert Monckton, Esqr. GoV1- of New York

From Gen. Jejjery Amherst

0. New York 11th Decemr 1761

Sir,

I Have just now the favor of Your Letter of this days date, Enclosing some Papers regarding the Captivity of Several of His Majesty's Subjects amongst a Tribe of the Delaware Indians; and Requesting me to take some Effectual Method to Relieve those miserable Objects of Compassion.

As Sir William Johnson is to have a meeting with the Several Tribes of Indians; in order to Lay before them his Transactions with their Western Brethren at the Detroit, &ca; I shall immediately transmit to him, Copies of the Above papers, and Desire Sir William to take such Measures as shall appear to him the most proper for Inducing those Indians to deliver up any of His Majesty's Subjects that may be remaining with them; and as mat- ters now stand, I am hopefull, upon Sir William's Repre- sentation, they will not dare to refuse to Comply with his Request.

I am, with great Truth & Regard, Sir, Your most Obedient Humble Servant

Jeff: Amherst

Honble L* Govr Cou)EN.

THE COLDEN PAPERS— 1761-1764 105

From Board oj Trade

Whitehall [London] Decemr 11th 1761. SIR

The inclosed Instructions, signed by His Majesty, will fully inform you of the result of Our Deliberations upon those two points in your several Letters to Us, to which the Instructions refer, and the inclosed copy of Our Representation to His Majesty, will more particu- larly point out to you our opinion upon them, and the Light in which they appeared to Us.

We have maturely considered the Bill passed by the Council and House of Representatives, "for preventing Disputes and Controversies which may arise by the Demise of the Crown" and are fully convinced that those parts of the Bill which continue the Assembly for six months after the Demise of the Crown, and which estab- lish the legality of the Acts of Government done between the demise of the Crown and the notification of it in the Colonies, are both inexpedient and unnecessary.

The Reasons which existed in this Country for con- tinuing the Parliament for Six months after the demise of the Crown, do not in any (or at least in a very small) degree, extend themselves to the Colonies : no Complaint, that We know of, has ever been made of any Inconven- ience or Obstruction to the Administration of Govern- ment in any of the Plantations, from the want of such a Constitution, nor has any doubt ever arisen (except in one single instance) as to the validity of Acts done in the name of the deceased King before such Decease was known or promulgated. We might quote many Cases which have happened, even here in England, to support this opinion, but the Case speakes for itself and renders the Evidence of Facts unnecessary.

As to those parts of the Bill which relate to the Courts of Justice, they are either Willfully or Carelessly so obscured, as to render it altogether impossible for Us to judge of what is meant by them; there can be no doubt but that the Courts are in all Cases, bound to

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proceed conformable to the Powers and Authorities given them by the Common Law, the Statutes of England and those Laws of the Colony, by which they are established, provided such Laws are consonant to Reason and the Laws of England: The demise of the Crown does neither take any from or add to that jurisdiction or the Author- ity of their proceedings; and any regulations, with re- spect to this matter, by Provincial Laws, appear to Us, not only unnecessary, but improper, as the Act of the first of Queen Ann, which extends to the Plantations, has fully provided for the Continuance of all Courts of Judicature of every kind, and for establishing their pro- ceedings, notwithstanding the demise of the Crown.

Under these circumstances We cannot but consider this Bill as both unnecessary and improper, and are of opinion it ought not to be passed into a Law.

There is one other matter contained in your Letter to Us upon which We could have wished to have given you Our Sentiments by this opportunity, and that is the doubts which had occurr'd in the Case of the Captain and Crew of the Sampson Privateer, with respect to the want of an Authority to Try and Punish Persons guilty of Murder within the Admiralty Jurisdiction: But as this is a Question of great delicacy in point of Law, We have thought it Our duty to refer it to the Consideration of His Majesty's Attorney and Sollicitor General, and also to the Advocate General; and must defer giving any opinion or taking any Steps upon it untill they have made their Report. We are, Sir,

Your most obedient humble Servants,

Sandys E: Bacon Geo: Rice John Roberts

Cadwallader Colden, Esqr Lieut1 Governor of New York

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From Earl of Egremont, Secretary of State

Whitehall [London] 12th Decr 1761 Sir,

The King having taken into His Most serious Con- sideration, how highly essential it is to the Interests and Security of His Subjects in North America that the Regular Regiments, serving in that Country, be recruited with all convenient Expedition, to their full Complement of Effectives and, at the same time, seeing the Imprac- ticability of Compleating them from Great Britain, con- sidering how this Country is drained, by the Great Num- ber of Men furnished for the various Services in all Parts of the World: I am, therefore, to signify to You the King's Pleasure, that You do, immediately, on the re- ceipt of this Letter, exert your utmost Influence to Induce your Province to carry into the most speedy and Effectual Execution, this very important Object, by immediate Compliance with any Requisition, which Sir Jeffery Amherst shall, in consequence of his Majesty's Orders make for furnishing, on certain Conditions, which He will Explain to You, such a number of Recruits, from Your Province, as he shall demand, as their Quota towards compleating the Regular Regiments, which have been sent to America, for the Defence & Protection of the Possessions of His Majesty's Subjects there. And the King cannot doubt, but that the Provinces will chear- fully and readily comply with this reasonable Demand, so obviously calculated for their own Security & Ad- vantage, at the same time that Your Zeal for His Majesty's Service will naturally excite you, to use all your Influence & Power, in bringing effectually to bear, a Measure which His Majesty has so much at heart, and with regard to which, any Failure or Disappointment would be Extremely disagreable

I have it also in Command from the King to acquaint You, that, tho' the present situation of affairs would have fully justified the having required of the Provinces, as large a Number of Men, as they ever have raised, for

108 THE COLDEN PAPERS— 1761-1764

any of the former Campaigns, instead of the Quota, which was demanded the last Year, yet His Majesty con- sidering the high Importance of the Service, which makes the Subject of this Letter, & being desirous to ease the Burthens of his faithful Subjects, as far as shall be con- sistent 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 a Measure, so essential as the compleating the Regular Regiments by Recruits to be furnished from the Provinces in North America; And the King is persuaded that the said Provinces, duly sensible of His Majesty's tender & paternal care for their Wel- fare, will, in return, readily and Chearfully comply with the Orders now sent You.

I am, with great Truth and Regard Sir, Your most obedient humble Servant

Egremont Lieu1 Govr of New York,

[Indorsed] Earl of Egremont's, Letter to the Lieutenant Governor 2 Mar 1762. Original Read in Council Signifying his Majesty's Pleasure that Recruits should be raised in the Colonies for the Regular Regiments

From Earl of Egremont, Secretary of State

Whitehall [London] 12th Decemr 1761 SIR

AS the King has nothing so much at Heart, as to secure & improve the great & important Advantages, gained since the Commencement of this War, in North America, and having seen His good Dispositions to re- store the Public Tranquillity, entirely frustrated by the Insincerity & Chicane of the Court of Versailles, in the late Negotiation ; And as nothing can so effectually con- tribute to the great & essential object of reducing the Enemy to the Necessity of accepting a Peace, on Terms of Glory & Advantage to His Majesty's Crown, & bene-

THE COLDEN PAPERS— 1761-1764 109

ficial, in particular, to his Subjects in America, as the King's being enabled to employ, as immediately as may be, such Part of the regular Forces in North America, as may be adequate to some great & important Enterprize against the Enemy; I am commanded to signify to You the King's Pleasure, that, in order the better to provide for the full & entire Security of His Majesty's Dominions in North America, & particularly of the Possession of His Majesty's Conquests there, during the Absence of such Part of the regular Forces, You do forthwith use your utmost Endeavours, & Influence, with the Council & Assembly of your Province, to induce them to raise with all possible Dispatch, within your Government, at least the same Number of Men they raised the last Year, viz1 Two Thirds of what had been levied for the former Campaigns, & forming the same into Regiments, as far as shall be found convenient, that You do direct them to hold themselves in Readiness, & particularly as much earlier than former Years, as may be, to march to such Place or Places, in North America, as His Majesty's Com- mander in chief there shall appoint, in order to be em- ployed there, under the supreme Command of His Majesty's said Commander in chief in America, in such Manner as he shall judge most conducive to the King's Service; And, the better to facilitate this important Service, the King is pleased to leave it to You to issue Commissions to such Gentlemen of your Province, as you shall judge, from their Weight & Credit with the People, & their Zeal for the publick Service, may be best disposed, & able to quicken & effectuate the speedy levy- ing of the greatest Number of Men; In the Disposition of which Commissions, I am persuaded, You will have nothing in View, but the Good of the King's Service, and a due Subordination of the whole to His Majesty's Com- mander in chief; And all officers of the Provincial Forces, as high as Colonels inclusive, are to have Rank, according to their several respective Commissions, agreeable to the Regulations contained in His late Majesty's Warrant of

HO THE GOLDEN PAPERS— 1761-1764

the 30th of December 1757, which has been renewed by His present Majesty.

The King is further pleased to furnish all the Men, so raised as above, with Arms, Ammunition, and Tents, as well as to order Provisions to be issued to the same by His Majesty's Commissaries, in the same Proportion and Manner as is done to the rest of the King's Forces ; The whole, therefore, that His Majesty expects & re- quires 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 & salutary Service, The King is further most graciously pleased to permit me to acquaint You, that strong Recommendations will be made to Parliament, in their Session next Year, to grant a proper Compensa- tion for such Expences as above, according as the active Vigour and strenuous Efforts of the respective Provinces shall justly appear to merit.

It is His Majesty's Pleasure, that You do, with par- ticular Diligence, immediately collect, & put into the best Condition, all the Arms issued last Campaign, which can be any ways rendered serviceable, or that can be found within your Government, in order that the same may be again employed for His Majesty's Service.

I am further to inform You, that similar Orders are sent by this conveyance, to New Hampshire, Connecti- cut, Rhode Island, Massachusetts Bay and New Jersey j. The Southern Governments are also directed to raise Men in the same Manner, to be employed in such offen- sive Operations, as the Circumstances and Situation of the Enemy's Posts, and the State & Disposition of the Indian Nations, on that Side, may point out, & require.

It is unnecessary to add any Thing to animate your Zeal, in the Execution of His Majesty's Orders, in this important Conjuncture, which is finally to fix the future Safety and Welfare of America, & of your own Province in particular; and the King doubts not, from your known Fidelity & Attachment, that You will employ yourself

THE COLDEN PAPERS— 1761-1764 HI

with the utmost Application and Dispatch in this prom- ising and decisive Crisis.

I am, with great Truth and Regard, Sir, Your most obedient humble Servant

Egremont Govr of New York.

[Indorsed] Sectty of States Letter signifying his Majesty's Pleasure that the same number of Provincials should be raised as was last year.

From Gen. Jeffery Amherst

[1761?]

Wednesday Morn past 9 oClock Dear Sir

I have only had time to run over cursorily the papers, I send the whole to you, and you will be so good to return me those belonging to the other Provinces when you think proper. I should like wise be glad to peruse those relating to this place. I am with great truth Your most obedient Humble Servant

Jeff: Amherst

Honble

L* Governour Colden.

From Peter Collinson

Lond11 [1761?]

It is really a Satisfaction that I cant express to Hear my Dear Friend, Has Such Spirits & Activity to discharge the Functions of His office with Such Ease to Himself & pleasure to others concerned in Publick affairs I See by your Acts that have passed a Long & fatigueing Ses- sions, but it was an Act of Providence your Presideing & the same powerfull Hand Supports you which must be a Comfort to your Self & all your Friends

112 THE COLDEN PAPERS— 1761-1764

I am glad to Hear the Indians are disposed to Peace I only Wish that retaliation could be taken & those Tribes that have been the most Cruel

But See the Barbarity of Some Pensilvanians what an example is this to confirme & Encourage the Indians to make reprisals But I hope the Proclamation & reward will bring the Agressors to Light to be made examples as they Justly deserve and I hope those Incendaries of French at Mont [real] & Quebeck will meet with their reward by the hands of Justice

I am intirely unacquainted with general Monckton & know not where to informe my Self of his Resolutions

Wee are So unsetled at the Helm I cannot Learn who is to command in America at present writeing

As I knew your knowledge in Botanic Science the In- closed may be allowed a Reading, to any One Ignorant of it would be Impertinent

Loblolly Bay the Aleca Floridana Lins Sp: Plant p. 783

but now Linneus made it an Hypeneum

Butneria by the French Botanists Basteria In Millers Dictionary Beureria By Mr. Eheret Calycanthus by Linnaeus

All Spice Tree of So Carolina

I have 4 Speces of Magnolia in my Garden

Linnaeus is not Clear but hath blended the Umbr[e]lla with the Mountain Magnolia they are both Dissiduous, the Last was Sent by Bartram & grows in your back mountains

[Indorsed] To the Honble Cadwalladeb Colden Esqr Governor of New York

From Earl of Egremont, Secretary of State

«. Whitehall [London], Janry 7th 1762.

His Majesty, having found it necessary to declare War against the King of Spain, was pleased, in a Coun-

THE COLDEN PAPERS— 1761-1764 113

cil, held on Saturday last, at S* James's, for that Purpose, to sign the inclosed Declaration, and to order, that the same should be published on Monday, the 4th Instant, by the Heralds at Arms, in the usual Places, and with the accustomed Formalities, which has been accordingly done. You will find the just, & indispensable Reasons, which have forced the King to take this Measure, so fully set forth in the above Declaration of War, that I am only to signify to you His Majesty's Pleasure, that you do cause the same to be proclaimed in the Province of New York, under your Government, in order that the King's Subjects, having this Notice, may take Care to prevent any Mischief, which otherwise, They might suffer from the Enemy, and do their Duty, in their several Stations, to distress, and annoy the Subjects of Spain; and His Majesty would have you be very rigorous & severe in preventing any Provisions, Ammunition, or Stores, of any kind, from being carried to them, and you are to use all proper Methods, that may be most effectual for that Purpose.

I am, with great Truth & Regard, Sir, Your most obedient humble Servant Gov* of New York Egeemont

P.S. His Majesty has been pleased to order Letters of Marque, or Commissions to Privateers, to be granted in the usual Manner.

[Indorsed] Secretary of States Letter inclosing His Majesty's Declaration of War agst Spain. April 1st Read in Council & entered

From Chief Justice Benjamin Pratt to Thomas Pownall

[Copy] gP New York Jan7 7 1762

Tis with the greatest Reluctance that I trouble so good a Friend with my Cares & Perplexities but I hope

114 THE GOLDEN PAPERS— 1761-1764

your Benevolence will Excuse the Freedom Necessity- obliges me to take. Since my last, which was filled with the Suggestions of my Fears; I received the Mandamus that you was so kind as to procure for me; & thereupon came to this Place, where I find Things even worse than my Fears

The Sessions wherein the Salaries are usually granted is over & not one Farthing Granted to me

The Goverent the new Commander in Chief by Mes- sage & every other proper Method attempted to prevail on the assembly to grant an adequate Salary but all had no other Effect but only to unmark their Designs & Then their Determination that the Crown should not Send them a Chief Justice nor the Govr commission any as he was commanded to commission me, that is During his Majestys Pleasure They voted indeed £300 N York Currency for one Year & assigned in the Vote this Reason for giving no more "That Men of the Best Fortune & Abilities among them would Serve for that" This Pittance is equal to about £160 sterK Yet it was now granted only on Condition that I should be commissioned in a Manner Contrary to the Tener of the King's com- mand which they knew the Lieu1 Govr would not Violate & therefore that they Gave me nothing

Into this unfortunate State I am plunged & have only this alternative left, either to return with Disappoint & Loss to Seek my Business now gone into other Hand[s,] or else to Sollicite the Crown to vindicate its own Rights by Supporting me

I think it my Duty to try the Efficacy of the Latter, before I have Recourse to the former; I therefore beg Leave to observe that the Quit Rent Fund is now cleared of the Ariearages which incumbered it & besides pays the Annuities that are now charged upon it, will be Sufficient to pay a Salary of £400 Sters pr An. to a Ch : Justice & leave a Surplus for other Purposes

This Salary will not be more than Adequate to the Maintenance of a Ch: Justice considering the extrava-

THE COLDEN PAPER&-1761-1764 115

gant Augmentation of the Expence of Liveing here And if granted would greatly contribute not only to Secure & perpetuate the Dependance on the Mother Country but to preserve the Lands of the Lands of the Crown & the Kings Quit Rents from Usurpation

The Granting Commissions as they were before, that is During good Behavior, is now the Popular Demand & made the inflaming Topic but at Bottom the Point in View is to compel the Crown to appont one of them- selves Ch: Justice Tis unhappy for a Judge who is determined as such to do his Duty to have anything to fear either from a future Capricious Govr if there should be such or from Civium Ador prava Jubentium tho' the last of these two Evils is the Greatest. But why must there be a Necessity for either?

Things are now come to their Crisis. If I cannot be Supported with a Competent Salary the office must be abandened & his Majesty s Interest & his Prerogative must Suffer here thereby

The Lieu1' Govr is so Sensible of this that he now writes to the Secretary of State & to the Board of Trade on this Subject & hopes that an order may be obtained on the Receiver of the Quit Rents here for a proper Salary

As I wish for nothing but what it would be for his Majestys Service to Grant I beg you would be once more so kind as to interpose your good offices for me & join your Endeavours to Serve the public & at the Same Time therein make one Grateful Person happy

I thought it necessary in my present Circumstances to apply for Redress & know of no other method than I now presume to take Whatever the Event may be it is of great Consequence to me to know very soon therefore beg you would please to advise me as soon as possible for if I can not by some Expedient or other obtain a Support in my office I must ask Leave to resign it & this must be done before my Business is irretrievably Lost I am Sr

116 THE COLDEN PAPERS-1761-1764

To Thos Pownall Esq.

N.B. I send the above under Cover to John Gardiner Esq. at the Inner Temple with a Copy thereof for his Information & desire him in Case of Mr Pownalls absence to Sollicite the Affair for me

[Indorsed]

Copy Chief Justice Prat's Letter

to Mr Pownal

From Gov. Thomas Boone

Chakles Town [S. C] Janry 18th 1762 Sir

I give you the Usual Notification of my having taken upon me the administration of this Province, in order that such an Intercourse may be Established, as his Majesty's Service may Require and Am Sir Your most Obedient Humble Servant

c T. Boone

L* G0Vr COLDEN

From Sir William Johnson

Fort Johnson Febry 7th 1762 Dear Sir

Upon a former letter of mine you were pleased to assure me, that, I should be acquainted whenever there was a New Commission of the Peace to be made out, and that my recommendation should have a due weight with You as I am now informed by letter from the Members of this County (who desire a list from me of those whom I think most proper for this part of ye County) that a new Commission of the Peace is shortly to Issue. I Judged it proper to remind you thereof, and to send you the inclosed names of such Persons as are realy the best qualified of any in these parts to Serve as Justices of the Peace, and therefore beg leave to recommend 'em for that

THE COLDEN PAPERS— 1761-1764 117

office assureing you that nothing but the Publick good, and my desire to see Justice more equitably dispensed throughout the Country could induce me to wish any change in the present civil Magistrates.

I hope you have e're now received my last Packet with the Indian proceedings, and affidavits relative to Klocks behaviour, and the Land in dispute, on which Subject, I should be glad to be favoured with your and the Gentle- men of the Councils Sentiments as soon as convenient. I am with perfect Esteem Dear Sir Your most obedient and most Humble Serv*

Wm Johnson P.S. if MT Daniel Campbel was to be made a Justice for Schenectady, I am certain he would make a verry good one. I forgot to mention his name in the list to the Members.

The Hom*le

Lieu1. Governour Colden

From Gen. Jeffery Amherst

New York, 9th February 1762 Sir,

By the General Wall Packett which arrived here this Morning, I am Honored with a Letter from the Earl of Egremont, One of His Majesty's Principal Secretaries of State, Bearing date the 12th Decern1 last; wherein His Lordship is pleased to Acquaint Me, that as the King has nothing So much at heart, as to Secure and Improve the great & important Advantages gained Since the Com- mencement of this War in North America, and having Seen His good Dispositions to Restore the Publick Tran- quillity entirely frustrated by the Insincerity & Chicane of the Court of Versailles in the late Negotiations; His Majesty is again obliged to take into His Royal Consid-

118 THE GOLDEN PAPERS— 1761-1764

eration, what Ulterior operations can be entered upon, by Such part of the Troops Under my Command, as can be Spared for other Service, without the least Diminu- tion of the full and Entire Security as well of His Majesty's former Dominions, as of those Acquired by Conquest in North America: In order that Every thing May be in readiness for an Early Campaign, and to be able to Employ an Adequate Number of the Regu- lar Forces in whatever Attack May be Resolved upon, His Majesty has thought it necessary to Lose no time, in Dispatching His orders to the Several Governors in North America, for Levying with the utmost Expedition, the same Number of Men they respectively raised for the last Campaign

His Majesty's Directions, on this Subject, to the Sev- eral Governors, are so fully Specified in the Circular Letter wrote by the Earl of Egremont, of which His Lord- ship has sent me a Copy, that it only remains with me, Most Earnestly to Entreat You to Lose no time in Con- vening Your Assembly, & laying before them the afore- said Letter of the Secretary of State; and that You will forthwith Use Your utmost Endeavors & Influence with the Council & Assembly, to Induce them to raise, with all possible Dispatch, within Your Government, the Same Number of Men they raised for the last Campaign.

I cannot think, Sir, that I need Urge any Arguments to Convince You of the Necessity of an Early Comply- ance with His Majesty's Commands, as it is more than probable that this Campaign, if Opened in time, & Car- ried on with Vigor, must be that, which will at last Com- pell Our Enemy to treat, in Earnest, on Such terms, as will be Equally glorious & advantageous for His Maj- esty's Crown & permanently beneficial to His American Subjects ; and I therefore trust the Assembly will Enable You to put those Commands into Immediate Execution, Since they terminate in a point, wherein they are so nearly concerned, & that the King's principal object has been for their present Security, as well as their future welfare & Prosperity.

THE COLDEN PAPERS— 1761-1764 119

You will observe by the Earl of Egremont's Letter that as a further Encouragement to a proper Exertion on the part of the Provinces, His Majesty has ordered as heretofore, that the Provincial Forces should be vic- tualled in the Same Manner, & in the Same Proportions as the Regulars, & that they should be Supplied with Arms & Tents at the Expence of the Crown: Moreover that Strong Recommendations will be Made to Parlia- ment in their Session next Year, to Grant a Compensa- tion to the Provinces, According as their respective Vigor & Strenuous Efforts shall Justly Appear to Merit

I Have it also in Command from His Majesty to En- join You, to Collect, and Cause to be put into proper Condition, all the Serviceable Arms that can be found within Your Province, for Every one of which that shall be brought to the Field, & shall not Return by reason of being Spoiled, or lost in Actual Service, I shall pay the Usual allowance of Twenty five Shillings per Fire- lock.

As it is very Essential to the Services I may have in Command from the King, that I should be, as Early as possible Informed of the Resolves of Your Assembly on this head, and of the time that the Troops will be ready, I beg that as soon as You are Acquainted therewith, You will Signify the Same to Me, that I may Regulate Myself Accordingly.

I Have likewise received a Letter from the Earl of Egremont, of the same date with the former, Signifying His Majesty's Intentions of Compleating the Regular Regiments Serving in America, by Recruits to be Raised by the Several Provinces (over and above the Quotas demanded in the other Letter) on Such terms, & Condi- tions, as I shall propose: I shall, in obedience thereto, so soon as I have fixed on the Numbers necessary to be furnished by the respective Provinces, Communicate to You the Encouragements which His Majesty is gra- ciously pleased to Empower me to give for Effecting

120 THE COLDEN PAPERS— 1761-1764

this most Essential Service ; and in the meantime, I think it my Duty to Acquaint You of this Intended Measure, that You may be prepared for Exerting Your utmost Influence with Your Assembly, to grant the Number of Men, that I shall be obliged, to require of Your Province, that His Majesty's Commands may be duely obeyed. I am, with great Regard, Sir, Your most obedient Humble Servant

Jeff: Amherst Honble Lieut. Governor Golden

[Indorsed] Gen. Amherst's letter for Raising Provincials

From Benjamin Pratt

Feb. 12 1762 Sr

The Sherif informs me that he has taken all Possible Measures that the Time will allow to procure a Hangman for the two Persons that were to have been executed this Morning & that he can procure None I think it would be hard to oblige the Sherif to act the Hangmans Office in Person if it could be avoided. Dr Barclay tells me the Persons to be executed are extremely Desirous of a Little more Time to prepare for Death for the above Reasons & considering the Time is now near I take the Liberty to recommend it to your Honra to give a short Reprive to the two Prisoners viz1 Higgins & Anderson

I am yr Most Hum. Serv1

B. Prat To the Honble The Commander in Chief

[Indorsed]

To The Hon. Cad. Coldbn Esq Commander Chief

Chief Justice Prat's Letter recommending a short Repreive for Higgins & Anderson

THE COLDEN PAPERS— 1761-1764 121

From Gen. Robert Monckton

Fort Royal Island of Martinique Feb17 ye 14th 1762 Sir

A few Days ago I was favour'd with your letter of the 9th Janr. You may be assur'd that it will always give me Pleasure to hear of the Welfare of the Province of New York, & that Everything is Quiet there.

It is with pleasure I acquaint you of the Signal Suc- cess of His Majesty's Arms on this Island in the Reduc- tion of the Strong Fortress of Fort Royal, which Sur- render^ by Capitulation the 5th in Consequence of two Different Defeats the Enemy Received on the 24th & 29th Jan17 in their Strong Posts, on the Morpe's [?] Tartanson & Gamier in which they had not less than a Thousand Men Kill'd & Wounded, and many taken Prisoners, Our loss not being more than Half there's. I have not time to add more as I am just setting of for S* Peters, as Terms are near agreed on for the Capitulation of the whole Island, Above one Half had Capitulated on the Surrender of the Fort, but the Govr then held out, he has since thought better of it

I must beg that you will Present my Compliments to the Gentlemen of the Council & Mr Kennedy I am Sir Your most Obedient Humble Serv*

Robt Monckton L1 Govr Colden.

Cadwallader Colden to Sir Jeffery Amherst

[Copy]

gir New York 17th February 1762

From some Circumstances that have come to the Knowledge of the Sherif, since Friday last, on which Day

122 THE GOLDEN PAPER&-1761-1764:

two Criminals now in Goal were to have been executed, he is apprehensive an Attempt would have been made to rescue them, had not I reprieved the Prisoners until Friday next; and as the Sherif is still under the same Apprehensions, I shall order a Party of the Militia to attend the Execution, and prevent any obstruction in so essential a part of his Duty. But as the attendance of the Militia on such Occasions has not been usual, and they may possibly excuse themselves by Payment of the Fine which the Law imposes in Cases of non- Appearance, His Majesty's Council have advised that I should apply to your Excellency that you will be pleased to order the Party of his Majesty's Forces quartered in the City Bar- racks to guard the Sherif and Civil Officers against any Insult and to prevent a Rescue should any Persons be so daring as to attempt it.

At the same Time I must desire your Excellency will be pleased to issue your Order to the Masters of the Transport Vessels in the King's Service, to detain their Men on board their respective Ships during the Execu- tion, as the Appearance of so many of them on Friday, hath given Cause to suspect they would have join'd had any Riot happen'd.

The few Artillery Men in Garison I think it may be proper to keep in the Fort, in readiness upon Emergency.

His Excellency Sir Jeffrey Amherst

From John Temple

Boston 20th February 1762 Sir

Inclosed is Coppys of GovT Bernards & Governor Wentworths Proclamation to the Civil & Military Officers of their Governments to be aiding & assisting to me, & to the Officers of the Kings Customs in their Respective Governments, & as I may have Occasion to call for the same assistance in your Province I now Request the same

THE COLDEN PAPERS— 1761-1764 123

order from you, & I shall be obliged to you to Inclose me two or three of the papers when it is published. I am Sir Your most obedient & most humble Servant

John Temple

[Indorsed] Mr Temple's Letter

Answered March 15th & Copies of Printed Advertisement Inclosed

From Gen. Jefjery Amherst

New York 21st February 1762 Sir

As I acquainted you in my Letter of the Ninth Instant, that I had been Honored with his Majesty's Commands for Compleating the Regular Corps serving in North America, by Recruits to be raised by the several Provinces, on such Terms and Conditions as I should pro- pose; in Consequence of these Commands and in obedi- ence thereto, I have duly Considered not only the Num- bers that will be Necessary to be furnished by the Respective Colonies, but the Encouragements to be given to Induce the Men Voluntarily to Enter into the service which I am persuaded, will, if properly backed by the Provinces, have the Desired Effect.

The Number of Men Expected from your Province for this Service, with the Method proposed for Raising them I shall now lay before you; and the Earl of Egre- monts Letter, which I herewith Enclose to you, will shew you how much the King has this Measure at Heart, and how disagreeable any failure or Disappointment therein would be to his Majesty

The Quota to be furnished by your Province agreeable to the Proportions from the other Colonies, is Four hundred and Seventy Nine Men, I must therefore most Earnestly Request you will use your utmost Influence with the assembly to raise that Number, over and above those already Demanded by my Letter of the Ninth

124 THE COLDEN PAPERS— 1761-1764

Instant, by paying them the same Levy Money as to the others; and as an Encouragm* to Induce the Men to Enter into the Regular service I propose to allow five pounds New York Currency Bounty Money to each Man not under Eighteen nor above Forty Years of Age, who shall Enlist to serve during the War, or until the Regi- ments return to Europe: They shall be Cloathed and enter into immediate pay without any further Expence to the Province than their first Levying; and at the Ex- piration of their time as above mentioned, shall be sent back to their Respective homes: And in order to En- courage the Provincial Officers to forward this Essential service I leave it to you to appoint any Officer or Officers You shall think proper to persuade the Men to enter into the Regular service, on the above Conditions, for every one of which that he shall so Enlist, and that is approved of by a Regular Officer, whom I shall Appoint for that purpose the said Provincial Officer shall receive a Reward of Forty shillings New York Currency; It will therefore be Necessary that I have the Earliest Notice of the time when you think the Men will be Raised, that I may send an Officer to approve of them, Receive them; and to pay the Bounty and Reward as already promised.

I have only to add that to render this service Effec- tual, and Prevent Desertion, I shall Expect the Province will provide for Replacing such Men as do Desert, which when known, I am persuaded will prevent any of them from leaving their Corps, since they Cannot expect Pro- tection in the Colonies.

You will please to observe that the Execution of this Measure must by no Means Retard or Interfere with the Requisition made by his Majesty for the Provincial Service : The King ever mindful of the ease and welfare of his faithful Subjects demands only such assistance as may be Granted without Subjecting them to any heavy Burthen; and therefore has been pleased to make his Requisitions agreeable thereto, and I trust from your known Zeal for his Majesty's Honour and the good of the service you will Enforce the Necessity of Both measures,

THE COLDEN PAPERS— 1761-1764 125

when you meet your assembly in such a manner, that as these Measures are Calculated for the prosecution of a War, in which the immediate security, and future Inter- ests of the Provinces are so Essentially concerned, they will Chearfully and readily comply with his Majesty's Commands, and thereby approve themselves faithfull and obedient Subjects to the best of Kings. I am, with great Regard Sir, Your most obedient Humble servant

Jeff. Amherst Honble L1 Governor Colden.

[Indorsed] General Amhersts Letter for raising 479 Recruits in this Province for the Regular Regiments in America

2d March 1762. Original read in Council

Cadwallader Colden to Gov. Josiah Hardy [Copy]

New York 9th March 1762 Sir

On the 4th day of May last I had the Honour of Writing to your Excellency's Predecessor Mr Boone, urging his Assistance in procuring from Messieurs Robert & Ezekiel Hartshorne of your Province, a Conveyance of their Right to a Spot of Ground, convenient for the erect- ing a Light House on Sandy Hook; intimating that a Consideration would be given for it by this Government, far beyond the Value at which it was estimated here: and upon MT Boones Interposition, they were prevaild on to agree with the Gentlemen appointed for this Service, to convey four Acres for the Sum of seven hundred and fifty Pounds.

I inclose your Excellency Copies of the Agreement and of the other Papers necessary for your Information, whence it appears, that besides the Payment of that

126 THE CGLDEN PAPERS-1761-1764

sum, the Gentlemen concerned on the part of New York, promis'd to use their Endeavours to obtain a Law, which the Proprietors of Sandy Hook conceived might relieve them for the future from those Trespasses of which they complain'd, by making such as should be committed thereafter, actionable in this Province. In Consequence whereof a Bill was brought into the Assembly, with a Clause therein adapted, to the Case of the owners, but it appearing on the most mature Deliberation, and the opinion of Council in the Law, that the Clause, if enacted, would be unavailable, the Bill was drop'd. And Mess18 Hartshorne's on being informed of this Circumstance, without any other Reason assign'd, refus'd and still ab- solutely refuse to comply with their Agreement, altho the obtaining such a Law, could it have operated in their Favour, was no Condition on which the Agreement was founded, but for the obtaining whereof the Gentlemen of this Province were to have us'd their Endeavours, in which I assure your Excellency they have been no ways wanting.

That a Measure of so much utility, not only to the King's Service, in the Preservation of his Navy, but for the Publick Good, in the great additional Security it will afford to the Lives and Property of his Majesty's Sub- jects, may not be defeated by any private Consideration, especially where the Soil, saving for this particular Use, is wholly unprofitable; I must renew my Request, that if your Excellency shall be of Opinion conciliating Methods will still prove ineffectual, you will be pleased to recommend to the Council & Assembly of your Prov- ince, the passing a Law, declaring that the Soil in Ques- tion shall be vested in such persons for the purpose of erecting a Light House, and in such manner as shall be expressed in any future Law to be passed by this Colony; and this either on the Terms set forth in the Agreement entered into by the present Owners, or on such others as shall be thought equitable between the Publick and them, conformible to what I understand is the Practice in Eng- land in Cases of the like Nature.

THE COLDEN PAPERS— 1761-1764 127

His Excellency Governor Hardy.

[Indorsed] Draft Letter from L1 Gov1* Golden to his Excelly Govr Hardy on the Subject of a Light House at Sandy Hook.

Papers to be copied & inclosed 19 June 1761 : Letter from Rob* & Ezek Hartshorne Copy of agreement dated at Portland 23d July 1761 Copy Bill offered to Gen1 Assembly. Jany 14. 1762 Copy Letter to Robt & Ezek Hartshorne from Missieurs

Cruger Bayard &c Jany 19. 1762. Copy Answer thereto.

From Gov. Josiah Hardy

Burlington [N. J.] 10th March 1762 Sir

I have just now the honor of your letter of yesterday with several papers enclosed relating to the Agreement, between your Province & Messre Hartshornes for Sandy Hook; but as your Express came in just at the time Our General Assembly was prorogued, it is too late to lay it before them this Sessions; but at their next meet- ing you may be assured I will recommend this matter to their Consideration.

I am with great regard Sir Your most Obedient Humble Servant

Josiah Hardy The Honble Cadwallader Colden Esqr

[Indorsed] Govr Hardy's Letter on the Light House Affair

From Gen. Jeffery Amherst

New York, Saturday Evening 18th March 1762. Sir,

I am this Moment favored with Your Letter, Enclos- ing the Resolves of the Assembly on His Majesty's Requisitions, which I am Sorry to find do not fully Answer the Intentions pointed out by the Secretary of State's Letter: You are certainly the best Judge whether

128 THE COLDEN PAPERS— 1761-1764

the Assembly can be brought to Reconsider the Matter: All I can Say is, that if they do not Comply fully with His Majesty's Requisitions, I am persuaded they will have reason to Repent hereafter, of their having Deviated in the least from the Commands which the King has been pleased to honor them with, and which tend only to the Security and Advantage of His Subjects in General. I am, with great Regard, Sir, Your most obedient Humble Servant

Jeff. Amherst

Honble U- Governor Colden.

From Gov. Josiah Hardy

g. Perth Amboy [N. J.] 19th March 1762.

I have an information that one John York a deserter from the New Jersey Company stationed at Oswego is now at a Place calFd the Fish Kills in your Province, I must therefore desire You will be pleased to give the necessary directions to apprehend him that he may be brought to punishment as an example to others I am with great regard Sir Your most Obedient Humble Servant

Josiah Hardy The Honble Cadwallader Colden Esqr

[Indorsed] Letter from Govr Hardy to apprehend John York, a deserter from the Jersey Company at Oswego.

From Gen. Jeffery Amherst

New York, Saturday Evening Wth March 1762 Sir,

I Have this moment the favor of your Letter of this day, Acquainting me that you had given your Assent to

THE COLDEN PAPERS— 1761-1764 129

the Bill for Raising the Provincials, & to the Other for paying the Money Granted for Recruiting the Regular Corps; and desiring to know what can be done by you for Forwarding the Latter Service.

As the Money granted by the Assembly makes the Bounty Equal to what is given to the Provincials for the Number of Men required; I have only to Repeat, what I proposed in my Letter of the 21st February, that in order to Execute His Majesty's Commands in this particu- lar, the most likely method to Succeed, is by Appointing proper Officers among the Provincials to Induce the Men to Enlist into the Regular Service, by paying them the above Bounty, and, when approved of by the Regular Officer whom I shall appoint for that purpose, to Receive the further Bounty of Five pounds Currency: I am very Certain Nothing will be wanting on your part to for- ward this most Essential Service as well as to Compleat the Number of Provincials Voted for the Ensuing Cam- paign; and I am glad to find you have already given Orders for printing the Warrants for Enlisting the Men, as the Season Advances fast when their Service will be wanted.

I am, with great Regard, Sir, Your most obedient Humble Servant

Jeff: Amherst

The HonMe L* Gov* Colden.

Proclamation

[March 23, 1762]

BY THE HONBLE CADWALLADER COL- [Seal] DEN Esqr His Majesty's Lieutenant Gov- ernor and Commander in Chief of the Province of New York and the Territories depending thereon in America.

130 THE GOLDEN PAPERS— 1761-1764

A PROCLAMATION

WHEREAS it is highly essential to the Interests and Security of his Majesty's Subjects in North America, that the regular Regiments serving there, be recruited with all convenient Expedition to their full Complement of Effectives; a Service which the King having much at Heart, and seeing the Impracticability of accomplishing it from Great Britain, considering how that Country is drained by the great Number of Men, furnished for the various Services in all Parts of the World; His Majesty has been pleased to call on his faithful Colonies in North America, to provide for the raising a number of Recruits, sufficient to answer this desirable Purpose, by granting the same Levy Money to these, as shall be granted to the Troops in the Pay of the respective Provinces. In Con- sequence whereof; this His Majesty's Loyal Colony, desirous to contribute every Thing in its Power to the farther Annoyance of the Enemy, hath by Act passed in the present Session, directed the Treasurer to pay to His Excellency Sir Jeffery Amherst, Commander in Chief of all His Majesty's Forces in North America, the sum of four Thousand Seven hundred and Ninety Pounds, to be applyed in His Majesty's Service.

I HAVE THEREFORE thought fit to issue this Proclamation, hereby earnestly inviting his Majesty's good Subjects chearfully to inlist, and Notifying, that towards raising the Number of four hundred and seventy nine Men, the Quota of this Province of such Recruits, there will be allowed out of the Monies granted as afore- said, the sum of Ten Pounds, as a Bounty to every able bodied Man, not under Eighteen nor above forty years of Age, who shall inlist in his Majesty's regular Forces in America, to serve during the War, or until the Regi- ments return to Europe; And by the General and Com- mander in Chief of his Majesty's Forces, the additional Bounty of Five Pounds Current, Money of New York; to be paid at the time each Volunteer shall be received and approved of, by the officer whom the General shall

THE COLDEN PAPERS-1761-1764 131

appoint for that Purpose. That all and every such Re- cruit will be cloathed, enter into immediate Pay and Subsistence, and at the Expiration of their Service as above mentioned, be sent back to their respective Homes. And as an Encouragement to those Provincial Officers, who shall be authorized to raise Recruits for this Service, to exert themselves therein with Alacrity, they will be entituled to the Reward of Forty Shillings like Money, for every Man they shall inlist on the Conditions above expressed.

GIVEN under my hand and Seal at Arms of Fort George in the City of New York the Twenty third day of March One thousand Seven hundred and Sixty two, 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. Secrtty

GOD SAVE THE KING

[Indorsed] Proclamation notifying the Encouragement offered to Voluntiers inlisting in the King's Regular Forces

From Gen. Jeffery Amherst

New York 28th March 1762 Sir,

An Officer Arrived here last Night, with Letters from Major General Monckton, giving me an Account of the Signal Success of His Majesty's Arms under his Com- mand, in the Entire Reduction of the Island of Mar- tinique, on which great & Glorious News I most Heartily Congratulate you.

The Citadel of Fort Royal Surrendered by Capitula- tion (the Garrison becoming Prisoners of War) on the 4th February, in consequence of two Defeats the Enemy

132 THE COLDEN PAPERS— 1761-1764

Received on the 24th & 27th January, in their Out Posts, where, it seems, they had Every Advantage of Situation they could wish for; but Our Troops, with the most Ir- resistible Impetuosity, Carried Every thing before them. Immediately on the Surrender of Fort Royal, Deputies from a Majority of the Quarters of the Island, came in and Submitted to Terms of Capitulation, whereby they become Subjects of Great Britain; And on the 13th February, Mor De La Touche, the French Governor, sent Proposals of Capitulation, which having been Agreed upon, General Monckton took possession of S* Pierres and the whole Island on the 16th

What Adds greatly to this Conquest, is, that it has been Accomplished with the Loss of very few Men, among whom there is not One Officer of Distinction.

I am, with great Regard, Sir, Your most Obedient Humble Servant

Jeff. Amherst

Honble L* Govr Colden.

From Gen, Jeffery Amherst

New York 80th March 1762. Dear Sir

I was last night acquainted in part of what you have been so good to inform me of by your Letter of this morning. I purposed to send an account of it to Ad- miral Rodney and, so soon as I heard it, directed the particulars to be collected to that End. I am Dear Sir Your most obedient Servant

Jeff. Amherst.

HonWe 1/ Gov** Golden.

THE COLDEN PAPERS— 1761-1764 133

From Gen. Jeffery Amherst

New York, 31st March 1762. Sir,

Altho' a Man of War is now at the Hook, and that tomorrow, I make no doubt but We shall have the Ac- counts of a Spanish War from Authority, yet I can't Delay Answering your Letter of this days date, in rela- tion to the Clearing out a Vessell belonging to Mr Walton, Loaded with provisions for the Garrison of S1 Augustine.

The very Reason Urged in the Report of the Com- mittee, which you have been pleased to Send me, for Supplying that Garrison with Provisions at a time when Spain was in Amity with Us, viz* "That without such a Supply, the Garrison must have been Inevitably Re- duced"; is certainly a strong Argument why it should be Stopt when We are at War with that Power; And I must therefore give it as my Opinion, that His Majesty's Service would Suffer greatly by permitting any Vessels to go from hence with Provisions to our Enemies, at a time when I find it difficult to Supply the Kings Troops, who are Employed in Services of the greatest Importance to His Majesty's Kingdoms in general.

I am Sorry if Mr Walton should Suffer a particular Loss; but, I am Convinced, you will Joyn with me in thinking that no private Consideration is to Interfere so as to prejudice the Publick Good.

The Pay Ship Expected at S* Augustine, on which there is so much Dependence, perhaps may never Arrive at that place ; And I should not be Sorry to hear of her being Intercepted

I Return you the Papers you sent me relative to this Affair.

I am, with great Regard, Sir, Your most obedient Humble Servant

The honMe JEFF. AMHERST.

L1 GOV* COLDEN.

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From Gov. Josiah Hardy

Perth Amboy [N. J.] 1st April 1762. Sir,

I am much obliged to you for the order you have given the Sheriff of Dutchess County who I hope will secure the deserter that he may be punish'd as an ex- ample to others.

I sincerely congratulate you on the glorious success of His Majestys Arms at Martinique. I am with great regard Sir Your most Obedient Humble Servant

Josiah Hardy

The Honble Cadwallader Colden Esqr

From Gen. Jeffery Amherst

New York, 2d April 1762. Sir,

By the Enterprise Man of War, I have been Honored with His Majesty's Commands, for Forming a Detach- ment of Regulars & Provincials, to be Embarked at this place, on an Expedition of the utmost Importance. That I may Comply with the King's Orders as Early as pos- sible I have fixed upon the Number of Provincials to be Employed on this Service, and have been as sparing in their Numbers as the Nature of the Service would per- mit, tho' I am Confident, it will be very Agreable to them, since they will meet with Every Indulgence, and will not be Subject to the Fatigue that they have gone through in the Long Marches in former Campaigns ; And that so soon as the Service is Effected, which cannot be of long Duration, they shall immediately Return to New York

The Number I am to Require from your Province, is Five Hundred & Fifty Three Men, with One Colonel,

THE COLDEN PAPERS— 1761-1764 135

One Field Officer, & other Officers in proportion to the Above Number; and I Leave it to you to Form them Either from One Regiment, or by Detachments from the Two, whichever you think can be soonest Effected.

These Men will require Nothing more from the Province than has been usually given them; for they shall be furnished with Every Requisite, on their As- sembling here, for the Expedition.

I Need not, I am persuaded, Add any Arguments to Induce you to give Immediate Orders for Hastening the Formation of the Above Quota, as a moment's time is not to be Lost, in putting His Majesty's Commands in Execution; and I have only to Request, that, while this Service is forwarding, Care may be taken, that it may not Retard the Compleating of the Remainder of the Quota Demanded by the King, as also furnishing the Re- cruits for the Regular Regiments, as their Services will be Essentially requisite for the prosecution of a War, wherein the Honor of His Majesty's Crown, the Welfare of His Subjects, & the prosperity of His Kingdoms, are so nearly Concerned.

I am, with great Regard, Sir, Your most Obedient Humble Servant

The Honbie JEFF : AMHERST.

U- GOV5* COLDEN

From Gen. Jeffery Amherst

New York, 15th April 1762 Sir,

I Have this moment the favor of your Letter of this days Date, Acquainting me of the most practicable method of procuring provisions for the King's Troops, which appears to me to promise Success; And as you are pleased to Leave it to me to Name any person to whom you may Grant a Warrant to Buy up the provi- sions, I shall Name three whom Colonel DeLancey has

VOL. VI

136 THE COLDEN PAPERS— 1761-1764

mentioned to me, viz. Daniel Dunscomb, Abraham Cock, & Francis Silvester, Junr Either of whom are Equal to me, and I can have no Objection to any of the Merchants in Town, that may be fixed upon by you for Ascertaining the price of the provisions

I am very glad to hear there is a Vessell arrived from North Carolina, with 3 or 400 Barrels of pork, as that is an Article We are in much want of.

From the Repeated proofs I have had of your Zeal & Readiness to forward His Majesty's Service, I could have no doubt of your Exerting yourself on this Occa- sion; & I Beg leave to Assure you that I am, with great Truth & Regard, Sir, Your most Obedient Humble Servant

HonWe Lt Gov* Colden. Jeff: AMHERST

From Gen, Jeffery Amherst

New York, 15th April 1762 Sir,

As from Several Papers that have Just now fallen into my hands (& which I Intend to Lay Before You) I have Undoubted proofs of the Enemy being Supplied with Provisions from this Port ; I must Represent to You the Necessity of putting an Effectual Stop to such In- famous Practices, particularly at a time, when there is the greatest Demand for Provisions to Supply the King's Troops; And as I am well Assured that there are Large Quantitys in the Stores & Yards of the Merchants of this place, which they keep upon purpose for Exporta- tion ; and that very large Supplies will be wanted for the Troops that I shall Assemble here for Immediate Service, I should Desire an Embargo on the Shipping, were I not Averse to such a Measure, which might be attended with Several Inconveniences, and as I think the preventing any provisions from being Exported may Answer the

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same End ; I therefore must Request you will be pleased to take such Steps you think best for Effectually pro- hibiting any kind of provisions from being Ship'd at the Port of New York, and for Obliging the Merchants to Deliver what they have in their Stores, that the King's Service may be Carried on, and may not Suffer for want of that most Essential Article. I am, with great Regard, Sir, Your most Obedient Humble Servant

The Hon^e L* Govr Colden Jeff- AMHERST.

From Gen. Jefjery Amherst

New York 16th April 1762 Sir,

I Now Enclose You the Several Papers, relative to the Illicit Trade Carried on from this Port, which I mentioned to You in My Letter of Yesterday, had lately fallen into My hands; and I shall Just Set down the Heads, According to the Method I have Classed them in, with Some Remarks, that they may appear in as Clear a Manner as possible.

1 is a Passport from Philip Frangois Bart, the

French Governor, to Wm Carli[s]le Master of the Dove; giving permission to the said Wm Carlile to Trade to the French Ports; & ordering all Captains of any French Vessells to let him pass freely, & to give him Every aid & Assistance that they can. As this Passport was taken on board the Vessell, I Doubt not but You will take Care the Master Meets with Such punishment as his Crime Deserves

2 ... is a Letter from a Person who Stiles himself Fair Trader, Dated at Leogone; and Acquainting his Corre- spondent of the Market being tolerable there, & that he should Acquaint Mr P.R.L. & his, which, I Suppose, he means to be at New York.

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3. is a Letter from Mr R.R. from Cape Frangois to Mr Theo* Bache at New York, intended to be Sent by Capt. Bethel, Advising the best methods of Carrying on the Trade & how Vessells may avoid being taken. 4 are Invoice of Sugars Shipt on board the Sarah & & 5. Mary at Cape Francois; & Sale of the Cargo she Carried to the said Port.

6. . .is a Letter from a Gentleman to his Friend at Barbadoes, which, tho' it does not Concern any one here, Yet I Enclose it as he Invites his friend to Carry on a Trade, & Supposes he can do it by the way of New England, for which purpose he could procure whatever permissions were wanted.

7. .is a Letter from Mor Lory to Mr Van Solen at New York; giving an Acco1 of his Brigantine having been taken by the French, with the Methods he took to get her Released, as the Master of the Vessell had a Flag of Truce on board, with a French Permission; but as the French Vessell had hoisted English Colours when She took the Brigantine; the Master of the Latter had hid his papers, which afterwards on his going on board, & finding her to be French he offered to shew. Mr Lory Says in this Letter, that he hopes the schooner Mary, will make Quick Expedition with the Cargoe Mr Van Solen had acquainted him she is to bring. 8. . .is a Letter of the 6th, 22* Febry & 1 1th March from Mr Lory to Mr Rieux at New York; Enclosing a Bill of Exchange from Wm Carli[s]le, drawn on Peter Robert Livingston for Goods Received of Mr Lory at the Cape. This Letter gives an Account of the Brigantine Friend- ship, Captain Campbell, belonging to Mr Van Solen, being arrived at the Cape, with a long Detail of the Manner in which She had been taken ; That he had gone on board the Vessell with the Master, & had found the French permission; And that he Might Assure Mr Van Solen the Vessell would be Released, altho' the Expences & Delay attending it would be Considerable. He Advises that Vessells should come with Flags of Truce, or per- missions: mentions DePeyster, Livingston & Fragier;

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That there were many Captains with Flags of Truce, with Flour, at the Cape; Speaks of a Cap1 Richd Moons; & that he writes to Messre Shee & Sherridan who, by an- other Letter, appear to be at Leogone, to Send him per- missions. He mentions the Snow Sally's Arrival at S* Louis : and in the End, he Says, that Messra Shee & Sherridan have Acquainted him that they'll send the permissions, & that he is Sorry he has not them to for- ward by that Occasion.

9. . .is a Letter to Mr Tetard at New York. 10. . . is a Bill of Lading of the Dove at Cape Frangois. ll...Mor Fechenes Acco* of Goods proper to be brought to the Cape.

12. . .is a Letter from James Thompson at the Cape. 13 ... is a Memorandum of many things for the Serv- ice of fitting Out Vessells to be procured here, & be Sent to the Cape.

14 ... is Acco1 of Capt. Magen's Expences at Port au Paix & Cape Francois.

15... are Four Bills of Lading Sign'd by Wm Car- lisle, of Goods Shipt at Cape Francois. 16 . . . are Several Papers of little Consequence, but mentions the Names of some People, who, I fear, may have something to do with this Illicit Trade.

On a perusal of the forementioned Papers, You will See Such Evident proofs of the Enemy's not only being Supplied with Provisions by Merchants from this place; but likewise the Plans they are Laying for furnishing the French & Spaniards, with the Means of fitting out Ves- sells, & in short with Every Necessary they can Require for Carrying on the War against Us. Such Infamous practices at any time ought to be Suppressed; but now when we are Just Engaged in a War with a New Enemy, & that there is the greatest Reason imaginable, to think that, without Supplies from this Continent, the Enemy could not Subsist their Fleets in the West Indies, and of Course must Decline any Intended offensive operations, and be obliged to Abandon their Coasts, it becomes a Matter of the utmost Importance to put a Total stop to

140 THE COLDEN PAPERS— 1761-1764

that Trade, which has been & is now Carrying on, to the great Disgrace & Scandal of Every One Concerned therein.

I am Certain I need add nothing further on the Sub- ject to You, being well convinced You will do Everything in your power, for Crushing this Infamous Traffick, as well as for punishing those who are proved to have been Guilty of Acting so Contrary to the Laws of their Country.

I am, with great Regard, Sir, Your most obedient Humble Servant,

Jeff: Amherst. P : S : I must not omit Acknowledging the Receipt of, & thanking You for Your Letter of this Day's Date, with the Warrant Enclosed.

J:A:

Honble L1 Governor Colden.

From Gen. Jefjery Amherst

New York 17th Aprile, 1762, 11 o Clock Dear Sir

I have this instant the favour of yours of this day's date, which I shall only acknowledge with my thanks at present, as tomorrow I will send to Captain Houlton and I shall then be able to inform you, what witnesses, if any can be procured, and to answer your Letter fully. I am with great truth and Regard Dear Sir Your most obedient Humble Servant

Jeff. Amherst

Honorable

L* Governor Colden.

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From Sir William Johnson

D «. Fort Johnson April 17th 1762

I am favoured with yours of the 5th Ins1 and as I make no doubt of your and of the gentlemen of the gentlemen [sic] of the Councils inclinations to procure Justice to the much injured Indians, I hope before this all matters are made easy for them.

My Commission as Sole Agent & Superintendant for Indian Affairs &ca is at my other House, so that I cannot at present send you a Coppy of the powers therein which are verry extensive, but shall do it in a few days, in the meantime I beleive you may See a Coppy thereof in the Generals Office, I have lately received one from his pres- ent Majesty to the purport of the former. I heartily wish the War with Spain may be attended with good Success, and produce a lasting & honourable peace.

The sooner I am favoured with the Councils resolu- tion with regard to Klock the better, as he may come up & report (as usual) the affair in such a light as to be productive of bad consequences. As I look upon't that the Council have a right to act as Justices of the Peace throughout the Province, I am at a loss to understand the paragraph in yours relative to my qualifieing as a Justice unless it is meant that I have not qualified as one of the Council, since his present Majestys accession, which I must beg the favour of you to explain.

I have been favoured with your orders of the 6th Ins1 relative to the Militia, & imediately Issued mine in conse- quence thereof to the Lieut. Colls. of each Battallion. I heretofore Issued the orders myself to the Capts of the Regiment, but as I have not for these 2 years past been made acquainted with the appointment of officers for the Provincial Service, I was at a loss how to act. I am with great Esteem Dear Sir Your Most Obedient Humble Servant

The Honrbie Wm JOHNSON

Lieu1 Govr Golden

142 THE COLDEN PAPERS— 1761-1764

From John Tabor Kempe

[18 April 7 o'clock in the Evening] Sir

I had the Honour of your Letter of this Morning and of your Note of this Afternoon, acquainting me that the necessity of the Kings Service had occasioned you by Advice of Council to issue your Warrant to impress what Provisions the General shall want for the use of his Majesty's Forces, and that several Persons had refused to deliver the Provisions so impressed desiring me to inform you if any other Act of Government be necessary, and what Acts may be proper to be done in this Case to compel those Persons to deliver their Provisions.

I suppose the Impress Warrant directed the Persons appointed for that Service to take the Provisions paying the market Price, if so I cannot devise any Act of Gov- ernment that can be added to make it more complete, nor can I think of any Thing that can be more effectual than such Impress Warrant. Of the Necessity of this Step I am not to judge, but think extreme necessity will justify taking these Provisions paying their Worth.

I have the Honour to be Sir Your most obedient humble Servant

J. T. Kempe 181 April 7 o'Clock in the Evening.

I return the Generals Letter, with his List of the Merchts refusing their Provisions

From John Tabor Kempe

[April 18th 5 o'clock in the afternoon] Sir

I received your Letter of this Day relating to several

Persons that refused to deliver Provisions that had been

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pressed for his Majesty's Service by Virtue of your Hon- ours Warrant by advice of Council, together with his Ex- cellency's Sir Jeffery Amhersts Letter on that Subject

I have searched the Acts of the Assembly from the year 1752 except those of the last Sessions conceiving there was some Provision made on this Head but find no Act relating to the Impressing any thing but Boats Carriages Artificers &c.

I have therefore taken the Liberty to request your Honour would be pleased to inform me, whether the Im- press Warrant was issued by Virtue of any Act of the Assembly, for should there be such an Act I ought to consider it, least I answer your Honours Letter unad- visedly

I am with great Respect Sir Your most obedient humble Serv*

J. T. Kempe April 181 5 o'Clock in

the afternoon. To his Honr the Lieut. Govr

[Indorsed] Attorney General Letter

From Gen. Jefjery Amherst

New York, 18th April 1762. Sir,

Mess1* DeLancey & Watts have been just now with me, & Acquaint me, that Several of the Merchants have Complyed with the Orders in your Warrant for Deliver- ing their provisions, at the Market price; but that there are some, whose Names I herewith Enclose you, who absolutely Refuse: I must therefore Request you will be pleased, by an Act of Government, to Oblige those persons to Deliver the provisions they have in Store to Mess1* DeLancey & Watts whom I have Employed to

144 THE GOLDEN PAPERS— 1761-1764

purchase the Same, at the same price that is given to others.

Captain Houlton not being in Town, prevents me from giving you an Answer to your Letter of Yesterday. I am, with great Regard, Sir, Your most obedient Humble Servant

Jeff. Amherst

Honble V- Gov^ Colden.

From Gen. Jeffery Amherst

New York 18th Aprile 9 at night Dear Sir

I have this moment seen Captain Houlton, who will go on board the Enterprise in the morning and examine the men belonging to the Sloop Dove.

Capt. Houlton is not sure what of the Crew of the Sloop are on board the Man of War, but he will make me a report on his return, which I shall immediately communicate to you. I am with the most perfect truth Dear Sir

Your most obedient Humble Servant

Jeff. Amherst

Honble L* Gov* Colden

From Gen. Jeffery Amherst

New York, 18th April 1762. 10 o'Clock at Night. Sir,

I am this moment favored with your Letter, Enclos- ing the Attorney General's Opinion of the Lawfullness of putting your Warrant for Impressing Provisions in Exe- cution, by the Persons to whom it is Directed, which I shall accordingly Order to be done

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I Have taken a Copy of Mr Kemp's Letter, & I here- with Return you the Original. I am. with great Regard, Sir. Your most Obedient Humble Sen-ant. Honbie Li Gov- Count. Jeff: AMHERST.

From Gen. Jeffery Amherst s New York, 19:h April 1762.

I Have the pleasure to Acquaint you of the Continua- tion of the Success of His Majesty's Arms: By Letters, received this morning from Major General Monckton. of the 19xh March, he Informs me of the Grenades having Surrendered, on the 5th of that Month, on the same Terms as Martinique : and that he had sent to take pos- session of Sre Lucia. Sc Vincent, & Tobago, the former of which had also Capitulated.

The General likewise Acquaints me. that on the 8th a French Fleet had appeared to Windward of the Island, & he was in hopes would have Attempted to have Landed, but on the Intelligence of the Islands being taken they made off: The Admiral Sailed after them, but had not the good Luck to Overtake them: he was however going out again with the greatest part of the Fleet, the day that General Monckton Sent his Dis- patches.

I am. with great Regard. Sir. Your most obedient Humble Sen-ant

Hon^ie Li Governor Coldex. JEFF. AMHERST

From John Tabor Kempe Sir [New York April 19th 1762 10 o'clock]

I am just informed that Mr Burnet the Coroner of this City and County died last Night It has happenned

146 THE GOLDEN PAPERS— 1761-1764

extremely unluckily for the Crown, as a precept is to be returned tomorrow by the Coroner for the Tryal of a Person for a Riot and which I fear may be prevented unless another be immediately appointed Mr Shrive the Bearer hereof has been Mr Burnets Deputy in that Office some years, and he tells me has for these two or three years past done the greatest Part of the Coroners Duty If your Honour should approve of him to Succeed Mr Burnet, I take the Liberty to request his Commission may be made out immediatly for the Reasons above given.

I am Sr with great Respect Your most obedient humble Servant

J. T. Kempe New York April 19* 1762. 10 o'Clock

[Indorsed] Attorney Generals Letter

From Gen. Jeffery Amherst

gir New York, 20th April 1762.

I Have just now your Letter of this days date, Ac- quainting me that the Evidence which Colonel Amherst shew'd you last Night, when Sworn to, will be Sufficient for the Chief Justice to Issue a Warrant for Apprehend- ing Carlisle, or any other Person against whom sufficient Evidence appears.

I Enclose you a Copy of what the Mate & Sailors Advance, and if you think it necessary to have them Sworn before the Chief Justice, I shall give immediate Orders for bringing them up, & for Delivering them to whom you shall think proper; altho' if the Depositions can be taken below, I should Imagine it would be safer, as I am not without my fears of their Endeavoring to make their Escape.

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When full Discoverys are made, you will please to Decide on the proper methods for bringing the Guilty to Condign punishment. I am, with great Regard, Sir, Your most obedient Humble Servant

Hon"* U Govt Colden. Jeff- AMHERST

From John Tabor Kempe

[April 20: 1762 ] [1/4 past 4 o'Clock J

I think it will be much the best way (could it be safely done) to bring every Person that was on board the Sloop Dove in her late Voyage to the Cape, that now are on board his Majesty's Ship the Enterprize, or that can otherwise be come at, to the Fort George, or before one of the Judges of the Supreme Court, that they may be examined with the greatest Care and precaution, and not to swear them if it can be avoided, only to the ac- counts ready drawn up, as in all probability on a strict Examination much greater Discoveries may be made. I think William Carlisle the Master of the said Sloop should be brought about the same Time, to the Fort where one of the Judges I would recommend should be to act as Occasion shall direct. The Reason why I think it would be best to bring Carlisle to the Fort about that Time is this, that as there is no Proof against him yet on Oath, there will be nothing before the Judge, sufficient to justify his Commitment, unless he should confess, which is highly improbable & detaining him long without such Proof may be construed oppressive on the other Hand, should these persons be brought from the Man of War to the Fort, before the apprehension of Carslisle, it may be an Item to him to go off. The Judge will issue his Warrant to bring him before him to be examined; There should be no Time lost in takeing these steps. These seem to me the most prudential steps I can think

148 THE COLDEN PAPERS— 1761-1764

of so suddenly, having but just seen some Papers from

the General on this Subject

J. T. Kempe April 20* 1762 1/4 past 4 o'clock

[Indorsed] Attorney Generals Opinion

Lieutenant Governor's Order for the Arrest of French- men in City of New York as Prisoners of War

[Copy]

[April 20, 1762] By the Honble Cadwallader Colden Esqr his Majesty's Lieutenant Governor and Commander in Chief of the Province of New York & the Territories depending thereon in America

To the High Sherif Constables and other Civil Officers of and in the City & County of New York, Greeting.

WHEREAS I have received Information that A.B. CD. and divers others Subjects of the French King and Enemies of our Lord the King, are now in this City of New York at large, there transacting Matters prejudicial to the Interest of his Majesty and his Dominions. These are therefore to command and require you and each of you on Sight hereof immediately to apprehend them the said A.B. CD. and all such other French Men Subjects of the French King, as you shall find at large in the City of New York, and that you also seize and take into your Custody all their Effects and papers whatsoever, hereby also commanding you the said Sherriff to confine them and every of them so apprehended the said A.B. CD. &c in the Common Goal of the City of New York there to be taken Care of as prisoners of War.

Given under my Hand and Seal at Arms at Fort

first George in the City of New York the Twentieth Day of

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May

April in the Second year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain France & Ireland King Defender of the Faith and so forth and in the year of our Lord 1762.

Deposition of George Moore, Mate of the Dove

[April 22, 1762] The Information of George Moore of the City of New York Mariner, and late Mate of the Sloop Dove William Carlisle Master, taken upon Oath before me Benjn Pratt Esqr Chief Justice of the Supreme Court of Judicature for the Province of New York, the Twenty second Day of April in the second year of the Reign of our Sovereign Lord George the third now King of Great Britain &c.

This Informant on his Oath saith that about the latter End of November last, he was shipped at the City of New York on board the Sloop Dove by William Car- lisle the Master thereof, as Mate of the said Sloop, then being informed by the said William Carlisle that the said Sloop the Dove was bound to Jamaica, That this De- ponent had not then any Suspicion of her being bound to any other port in the West Indies, That this Deponent helped to lade the said Sloop at the port of New York, with One hundred Barrels of Flour, Twenty Hogsheads of Blacksmiths Sea Coal, Five Tierces of Wine, Two Thousand Hoops, Six Thousand one hundred and Sixty Bricks Nine Barrels of Beef, and upwards of Forty Bar- rels of Onions, That the Vessel soon after to wit on the Second Day of December last sailed from New York towards the West Indies, and when she had come near to the Island of Hispaniola, the said William Carlisle then & not before informed the Deponent that he was bound to Saint Marks, a port belonging to the French King in the Island of Hispaniola, and accordingly by the said William Carlisle's Order the said Vessel was made to stand for S1 Marks, and about the Twentieth Day of

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the same Month of December, they arrived off a place on the said Island of Hispaniola called the platform, that there they descried two Vessels, which the said William Carlisle and the Crew of the said Sloop the Dove imagined were English privateers, and that the said William Carlisle then expressed his Fears of them as such, and to avoid them as this Deponent understood made the best of his way with the said Sloop to port au paix also a port belonging to the French King on the same Island where they arrived about the Twenty third Day of December last, where they remained until about the Sixth Day of January following, the said WilHam Carlisle being often on shore there, among the French, That from thence they sailed to Cape Francois where they arrived about the Eighth Day of the same Month of January, entering into that port as they had into Port au paix under French and English Colours That this Deponent never heard or knew that the said William Carlisle had a Flag of Truce for the said Vessel except that the s* Carlisle said so when he steered for said Marks but knows that they had no French Prisoners on board. That the said WilHam Carlisle immediatly on his entering the said port at Cape Francois went on shore, and was mostly on shore during the Time the said Sloop the Dove lay there, That the said WilHam Carlisle told this Deponent he was recommended by a French Gentleman at port au paix to one Mr Loree a French Merch* at Cape Francois, That this Deponent delivered the whole of the said Cargo that was taken in at New York to the said Mr Loree by the said William Carlisles Orders. That the said Loree sent on board the said Sloop the Dove a Cargo consisting of Sugar Coffee and Rum, That the said William CarHsle in his said voyage from New York, had some Papers, concealed, by being sowed in the hinder Part of his Breeches or Drawers, a patch being sowed over them but he does not know the Content of those papers. That no officers or other French persons came on board to search or seize the said Vessel or on any account, in any of the said French ports, but that the

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same Vessel the Dove and her Commander and Crew- were treated as a Friends Vessel in all the said ports That he the said William Carlisle told the Crew of the said Sloop, that he should be safe enough in any French Port, as a Flag of Truce. That on the Seventeenth Day of March last, while the said Sloop the Dove was at Cape Francois a Fleet of French Men of War arrived there, consisting of Seven sail of the Line, (one of which was lost in turning in to the Harbour) and four Frigates, and on the next Day the said Sloop the Dove sailed from thence, without any molestation from any of the said Men of War, or the Fort, or otherwise, That there was at port au paix, when the Sloop Dove put in there one English Brigantine, belonging to Rhode Island and that they found at Cape Frangois a great Number of English Vessels, among which were three that this Deponent knew were from New York, that is to say A Brigantine under the Command of One Mc Laughlin, a Snow com- manded by one Miller, and a Sloop commanded by One Tue, whose Christian Name this Deponent thinks was Tunis, that they had unladed before the said Sloop the Dove arrived there That Provisions were very plenty and cheap at Cape Frangois, That one Mr Livingston, of New York this Deponent understood was owner or one of the Owners of the said Vessel the Dove, when she was loaded and sailed as aforesaid from New York

George Moore Examined Taken & Sworn before me Benj. Prat

[Indorsed] Information of George Moore, Mate of the Sloop Dove, William Carlisle, Master taken on Oath before Mr Cheif Justice Prat— April 22* 1762.

Depositions of Mate and Seamen of the Dove

[April 22, 1762.] The Information of James Wilson late a Mariner be- longing to the Sloop Dove William Carlisle Master taken upon Oath before me Benjamin Prat Esqr Chief Justice

152 THE COLDEN PAPERS— 1761-1764

of the Supreme Court of Judicature for the Province of New York the Twenty second Day of April in the second year of the Reign of our Sovereign Lord George the third now King of Great Britain &c

This Informant on his Oath saith, That he was taken in a small Sloop belonging to New York called the Beaver Robert Castle Commander, loaded among other Things with a Quantity of Provisions, that he was shipped by the said Castle to go to Jamaica, but afterwards under- stood the said Vessel was bound to Monte Christo, That before their Arrival at Monte Christo, for which Port they steered they were taken by a small French Schooner belonging to Cape Francois, to which Place the said Sloop the Beaver was carried in by the said privateer, That the Day after he arrived at Cape Francois he there shipped himself on board the Sloop Dove under the Com- mand of William Carlisle, That while he this Deponent was there he every Day saw provisions unlading from English Vessels there, and delivered to the French, That three Vessels belonging to this Port of New York, sailed from Cape Francois with the said Sloop the Dove, but doth not know the Master's Names, nor to whom they belong, That the Day before the Sloop Dove sailed from Cape Francois, a Fleet of French Men of War arrived there.

Examined taken & Sworn James Wimon

at above before me B. Prat

[ Indorsed] Information of James Wilson

Depositions of Mate and Seamen of the Dove [Copy]

[April 22, 1762]

GEORGE MOORE, Mate of the Sloop Dove, William

Carli[s]le Master, Deposeth, that they Sailed from

New York the 2d of December 1761, bound to S*

Marks on the Island of Hispaniola, & about the 20th

THE COLDEN PAPERS-1761-1764 153

they arrived off the Platform; but on the Appear- ance of two English Privateers they altered their Course, & put into Port a Pee [Port a Paix, Haiti] the 23d, where they Remained till the 6th of January 1762, without Landing any Part of their Cargo; from thence they proceeded to Cape Francois, where they arrived the 8th & Landed all their Cargo, and Deliv- ered it to Monsieur Loree who Shipt in Return, 37 Hogsheads of French Sugar, 50 Barrels of Coffee, and 4 Tierces of French Rum; the 17th March the French Fleet arrived at the Cape, Consisting of 6 Sail of the Line & 4 Frigates, a 60 Gun Ship, being one of the Same Squadron was lost going into the Harbour, and it was Reported that there were, One Hundred Men Drowned, the 18th of March they Sailed from the Cape, bound to New York, where they Arrived the 10th day of April. JAMES COLE, Seaman belonging to the Dove Sloop, Deposeth that he Shipt himself at New York on board the said Sloop for the West Indies, Wm Carlisle Master, who said he was bound for Jamaica; on the #d day of December they Sailed from New York, and about the 23d following arrived off the Platform, when the Captain Declared that he was bound for S* Marks; but on the appearance of two English Privateers who Chased them they altered their Course, & made for Port a Pee [Port a Paix, Hayti] where they Arrived the 24th; & about the 28th they put out to go to the Cape ; but on Discovering a Sail to Windward, they bore away & went into Port a Pee a Second time, where they remained untill the 6th of Jan** and then went for the Cape again, where they Arrived the 8th & Landed all their Cargo, and Delivered it to Monsieur Loree who Shipped a Cargo of Sugar, Coffee & Rum in Return; the 17th of March the French Fleet arrived at the Cape, con- sisting of 6 Sail of the Line & 4 Frigates; a 60 Gun Ship of the Same Squadron was lost in going in, and it was Reported they lost one Hundred & Twenty

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Men by that Accident; the 18th of March they Sailed in the Dove from the Cape Bound to New York, where they arrived the 10th of April. they found on their first arrival at Port a Pee a Brig belonging to Rhode Island, Commanded by One Mr Hopkins, son to the Governor of that Island; and while they lay there the #d time, there Came in a schooner Flag of Truce from Providence. JAMES WILLSON Seaman belonging to the Dove Sloop, Deposeth, that he shipt himself on board the said Sloop at Cape Francois the 10th of March, which was then Loaded all but One Hogshead of Sugar, which they took on board the next day; they sailed from thence the 18th March for New York, as men- tioned before.

[Indorsed] Copy of Examination of the Mate & Seaman, of the Sloop [Dove]

From Gen. Jeffery Amherst

gir New York 03d April 1762

I Flattered Myself with having the pleasure of Your Company today to Dinner; and am Extremely Sorry for the Occasion that has prevented it.

If You have procured the particulars of the List of Vessells, which You Intended to have Enclosed to Me, I should be glad to have them.

I Have given Directions for purchasing a Quantity of Pease at Albany, which I imagine will be got without much difficulty, as the Common market price shall be paid for the Same; Yet in Case of any obstructions, I must Request the favor of Your Warrant, which I shall transmit to Colonel Bradstreet, to be made Use of only if found necessary.

I am, with great Regard, Sir, Your most obedient Humble Servant

Hon*>ie Lt Governor Colden JEFF. AMHERST

THE GOLDEN PAPERS-1761-1764 155

From Gen. J e fiery Amherst

New York 21^ April 1762. Sir,

I am to thank you for your Letter of yesterday's date, with the List of the Vessels : I should be glad to have the Answer you received last Year from Govr Fitch, on your Application to him concerning the Sloop Sea Flower, John Wiggons Master, who Cleared out for New London, but was Supposed to be Bound to the Mississippi, as Renaud, the Frenchman, went passenger.

I Don't know what progress you have made in the Examination of the Prisoners ; but when it is finished and that you think it necessary to Seize the papers of the Suspected Persons, I shall Direct One or two Officers to Attend for that purpose, as you Desired.

I am, with great Regard, Sir, Your most Obedient Humble Servant Hon^e v Govr Colden Jeff: Amherst

David (f) Colden to William Livingston

[Copy]

[April 27 1762] Sir

Before I enter on an answer to your Letter of this Day, it will be proper to let you know, that I am not author- ised by the parties concerned in the Case of McNeal at the Suit of Clows, to give any directions or to act in any manner for them. I have been induced to do what I have done in this affair, from a willingness to serve some hon- est neighbours & acquaintance at their desire, and from my personal Interest in some Lands which ly within the same Claim that McNeals Land does

As you think the objection against a Jury from Ulster

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County, on account of the influence of our family, is not a legal one, it might be needless for me to say any thing to it, but for your information I may mention that my Father has not, nor never had any claim to any Lands lying between the Old and New Northwest Lines, so calld, which is the Land that has heretofore been es- teemd to be in dispute if Clows intends to set up some other line than the old Northwest Line, I know not what it may be perhaps such a one as will include the Farm on which my Father Lived My three Sisters who had Lands lying between the Lines, are married my Br Alexr has a Mortgage on a Lot and I have a right in a Tract between the Lines, this is the sole Interest of our Family whi[ch] may be eventually concerned in the issue of this suit none of us are immeadiately concerned in the present case. The influence of Mr Smiths family & of Mr Weissner and of every man who has a claim in the Wawayanda Pattent who are all materially concernd in the event of this Suit, is a Stronger objection against takeing a Jury from Orange County, than the other is against one from Ulster. Mr Simrell I suppose has acquainted you with Mr Champbells errant up to Ulster, I know nothing of it but from him, I know your Employers think the most disinterested Jury may be got from Albany, and cer- tainly a sufficient number of good Men may be got from thence, who understand English well; For my own part I know of no objection to a Jury from Dutchess, but Albany is the more contiguous County But if Mr Champbell discharges the Mortgages which the Loan Office of Ulster has upon Lands, that may be affected by the event of this Suit I think no Legal objection can re- main to a Jury being taken in the County And suppose- ing he does not, the Sum is so triffling, that I am informd, in similar cases, the influence ariseing from the interest which the whole County may have in it, has been judged to be of no moment & not sufficient to set aside a Jury

[Indorsed] April 27th 1762

Answer to Mr Wm Livingston Letter of this Day

THE COLDEN PAPERS— 1761-1764 157

From Gov. Francis Bernard

Boston 1 May 1762 Sir:

I have receivd an account from Stockbridge of a no- torious murder that has been lately perpetrated at Kenderhook by one Abraham Hunkamug of Stockbridge upon Chineagun another Indian of the same Tribe, and that the Murderer is taken and committed to Goal in this Province. And Although it has been the antient and constant usage of the Indian Nations in such cases for the Relations of the persons slain to avenge themselves on the Murderer, yet in this Instance they have applyed to the Civil Magistrate for Justice to be done agreeable to the English Laws; and as the Murder was committed in the County of Albany, the Trial must of course be had within your Government. It seems to be a matter of importance that strict Justice should be done in this case, that the Indians may be brought to acquiesce in the legal execution of Justice for the future, and be thereby brought off from seeking their cus- tomary private Revenge, so contrary to the Laws of the Land.

I must therefore desire that you would be pleased to give orders to the Sherriff of the County of Albany to receive the supposed Murderer upon the Borders of the two Governments in order to take his Trial, and that You would recommend it to the Judges and the Attorney Gen- eral to be very exact in inquiring into the Fact. When I am informed of the time you shall set for receiving the Indian in custody I will give orders for his delivery. If the Sherriff was to apply to Joseph Dwight Esqr of Sheffield, or to Timothy Woodbridge Esqr of Stockbridge,

158 THE GOLDEN PAPERS— 1761-1764

they will either of them take proper care to forward him on to your Government.

I am, with great regard,

Sr Your most obedient humble Servant

Fra Bernard Honle C. Colden, EsQ-

[Indorsed] Letter from Govr Bernard desiring that the Shf of Albany may be directed to reciere the body of one Hunkamug, confined for Murder in Massachusetts Bay. 12 May 1762 Read in Council The prisoner is to be delivered to the Sherif of Albany on the 1st of June

From Gen. Jefjery Amherst

New York 3* May 1762. Sir, c

I am to thank you for your Letter of Yesterdays Date which Mr Colden Delivered me; and in Consequence thereof I have given orders to Lieutenants Williamos & Hall to Attend the Sheriff in the Execution of the War- rant which you have been pleased to Grant for Appre- hending & Seizing the Persons & Effects of the French Subjects in this City.

I Have Delivered to L* Williamos a List of such Sus- pected Persons as I could pick out from the papers I had Intercepted; and have Directed him, with Lieut: Hall, not only to Assist Mr Roberts in Seizing those persons, but any others that may appear to have been Concerned in the Illicit & Infamous Trade, from the papers they may find in Searching the Houses of those whom I have Named.

I am, with the greatest Regard, Sir, Your most obedient Humble Servant

Jeff. Amherst.

Honble L* Gov1" Colden.

THE COLDEN PAPERS— 1761-1764 159

From Gen. Jefiery Amherst

New York Monday Even* 3d May 1762 Sir,

I Have this moment the Favor of your Letter, Ac- quainting me that the Shirreff had Seized the Persons, Papers & Effects, of Several Gentlemen Subjects of the King of France, whom he found at Large in this place.

In my Orders to Lieut: Williamos, I Directed him & Lieut: Hall to Assist in the Examination of the Papers of the Suspected Persons; And as Mr Williamos is per- fectly Master of the French Language I cannot Appoint a better person for that purpose: He, & Mr Hall, shall Attend, whenever you think proper, to have the papers Examined, of those that have been Apprehended, in the presence of the Secretary, or any other Person you shall be pleased to Appoint; And I could wish this were done as soon as possible, that the Innocent may not Suffer by Confinement, as I should be as Sorry to be the Means of bringing any Inconveniences on such as have Behaved themselves well, as I would be that the Guilty were not Treated as they Deserve.

I am, with great Regard, Sir, Your most Obedient Humble Servant.

Jeff. Amherst.

Honble L* Govr Golden.

From Gen. Jeffery Amherst

New York, 5th May 1762 Sir,

As I Requested You, by my Letter of the #d April to give Immediate Orders for Forming a Detachment of Your Province Troops, to Consist of 553 Men, and Offi- cers in proportion, for an Intended Expedition; and as

160 THE COLDEN PAPERS-1761-1764

two Companys of the New York Independents are al- ready arrived; and that I Expect the other two hourly, I must beg You will be pleased to Repeat Your Orders for hastening the formation of the above Corps, & Caus- ing them to Rendezvous at this place, that they may be immediately Embarked, Since I only wait for the Arrival of the Quota Demanded from Rhode Island or part of the Connecticut Troops, to send off the First Division, the Jersey Men, being, as I am Informed. ready for Embarkation. Colonel Thodey has been with me, & promises to Exert his utmost for Completing the Detach- ment.

I should likewise be glad Some Progress Was made in the Recruiting for the Regular Service, before the New York Independents leave the place, as they are in want of Men to Compleat them, & I Imagine that would be a Service not Disagreable to the Yorkers.

I am, with great Regard, Sir, Your most obedient Humble Servant.

Honble Lt Governor Coldbn. JeFFI AMHERST

From Gov. Thomas Fitch gir Norwalk [Conn.] 6th May 1762

By Mr Timothy Northam I received your Letter of the 28th April Signifying your Request that I would en- courage him in enlisting Men within this Colony in the Pay of your Government in Consequence of which he Desired my Liberty and approbation for that Purpose. I told him that perhaps he had Represented that Matter in a stronger Light than upon tryal he would find true and that he would not find Men so willing to inlist as he Imagined but however that I could give him no En- couragement or Countenance in that Matter and also Signifyed to him the Danger he would be in if he pro- ceeded without. You know Sir a Proportion is Required by the King from Each Colony both of Provincials and

THE COLDEN PAPERS— 1761-1764 161

for the Regular Regiments the Compleating of the last his Majesty has much at Heart. While therefore we are using Means to induce Men to inlist into the Regular Service it can't but be Judged a Counter Acting this Service for me to Encourage Men to inlist in the Pay of another Province in ease of that Provinces Proportion of Provincials and in prejudice of the Inlistments into the Regular Regiments as therefore I am Desirous of concurring as hinted in your Letter in promoting the Service at this Time which his Majesty has much at Heart and as the taking such a Step would I conclude be disagreable to the Legislature as well as to the People in general I make no doubt you will not only Excuse but really approve my not granting Mr Northams Request I am Sir with very great Regard your most obedient and most humble Servant

The Honfcie Lt Gov Colden ThOs FlTCH

[Indorsed] Govr Fitch

From Gen. Jeffery Amherst

Sir New York, 6th May 1762.

I Was in hopes I should not have had any occasion of troubling You with more proofs of the Illicit Trade Car- ried on from this Port, than I had already Laid before You; but I Must Confess there Appears to Me to be no End to it; for Captain Houlton has Just now Shewn Me Sundry Papers Seized on board Vessells that Cleared out from New York, for other Ports on this Continent, and proceeded directly to Cape Frangois &ca; from whence they brought Cargoes of Sugars. The Papers are too long to Copy, and as Captain Houlton must keep the originals to Lay before his Lawyer, I shall give You the Substance of what Appears from the Depositions of the Masters & Crews of the Said Vessells.

1st Sloop Industry Theunis Thew, Master, Cleared out from New York, 10th Novemr 1761, for North Caro-

162 THE COLDEN PAPERS-1761-1764

lina, and Jamaica, with a Quantity of Provisions &ca. as appears by all her Papers: And Bond was given for Landing the Said Provisions pursuant to Act of Parliament: The Master Declares he had verbal orders from his owners Jacob Van Zante, Jacob Townsend, Thomas Lynch, Thos Witter, & Abr111 Lott, to proceed to Cape Francois where he arrived the 3d or 4th December, and Delivered the Said Cargo to Mich1 La Roche, who shipt in Return a Cargo of Sugars; and that he Sailed from Cape Francois, on the 1st April 1762.

2? Sloop Susannah & Anne Dobbs Master: All her Papers are Destroyed; but by the Deposition of the Mate, it appears that he Shipt himself on the 1st January at New York, on board the said Sloop for Jamaica; that they Sailed the 29th or 80th but that he Imagined the Sloop was Intended for Hispaniola; That the 18th or 20th February, they arrived at Port S^ouis; where they Delivered part of the Cargo, & the rest at the Ocoys [Cayes, Haiti] and took in a Cargo of Sugars & Indigo: That they Sailed the 4th or 5th April for New York.

S*—Brig. New York Castle, Thos Smith Master; By the Papers of this Vessell I see that She Cleared out at New York, on the 30th Septr 1761 for Tortola; but the Master of the Vessell Declares he had verbal orders from Mr Godardus Van Solingen to proceed to port S* Louis, and the Ocoys, where he arrived the 4th or 5th November and Delivered the Cargo to Monsr Ribails, on Receiving a Cargo of Brown Sugars; and that on the 28th Jan1^ 1762, he Sailed from the Ocoys for New London, & New York.

4th Snow Johnson, William Williams Master, who De- poses he was Shipt as Master on board Said Vessell by Messrs Waddel Cunningham & Thomas White, on the 27th October 1761 ; That She was Loaded with 290 Barrels Flour &ca; that on the 2d or 3d Novr they proceeded to Sea, and had orders to go to Cape Frangois where he Arrived the 3d December; That

THE COLDEN PAPERS-1761-1764 163

he Delivered the Cargo at Cape Francois to Mr David McCarty, & about the 10th or 12th January Mr McCartys shipt on board said Snow, a Cargo of Sugars, and on the 29th March he Sailed from the Cape. I Need Add no Remarks on the foregoing to shew the Height to which this Iniquitous Trade is Arrived, & the Absolute Necessity of Crushing it: From the orders You have been pleased to give for Stopping Provisions I have already Seen Some good Effects; for one of the merchants Mentioned as the owner of the Snow Johnson, viz* Waddell Cunningham, has this day offered a Quan- tity of Beef, which I can have no Doubt he Intended to have Shipt for the Enemy; but as from the Intelligence I have Received of Several Vessells Loaded with Provi- sions having Sailed from New London Since the orders given to stop Provisions, I have thought proper to Apply to the Governors of Connecticut & Massachusetts bay to Lay a General Embargo, I must Request You will take Such Measures as may totally prohibit any Provi- sion Vessells being Cleared out from this Port, unless Such as go on Acco* of the Crown, for I would not Desire an Embargo here, if I can Carry on the Service without it, & that I find no attempts are made to Supply the Enemy with Provisions. I am, with great Regard, Sir, Your most obedient Humble Servant

Honbie Lt Governor Colden. JeFF: AMHERST

From Lieut. William Winepress to Gen. Jeffery Amherst

[Copy]

g Albany, May 6th 1762.

I Beg leave to Lay before Your Excellency the En- closed Letter I received Yesterday from Capt. Le

164 THE COLDEN PAPERS— 1761-1764

Hunte, that You may be Informed to what a great pitch of Insolence the Inhabitants have got to in this part of the Country; there is no making them do any thing but by mere Force; and as Colonel Bradstreet has frequent occasions to press Horses & Carriages round the Country; the small partys that are Sent on these dutys are often ill treated by the Country People, who Insist that the Press Act has been Expired long ago, & that they will pay no Regard to Colonel Bradstreet's Warrants till a New Act is made by the Assembly; if Some Method is not taken to punish these People, the few Troops that are now here, will not be able to Carry on the Service, as any partys I can Send from hence are not Sufficient to oblige the Country People to bring in their Carriages, when they are obstinate & make opposition against them.

I am, Sir, &ca Willm Winepress

His Excellency Sir Jeffeby Amherst.

Copy./- Letter from Captain Le Hunte to Capt. Lieut. Winepress Enclosed in the above.

Half moon, 4th May Dr Winepress,

As soon as I got here I applyed to Your Corporal to get me a Horse, and gave him Colonel Bradstreet's War- rant; He went to One Waldrum with it, who said it should have no Effect with him, and that he & his whole Command should not take a Horse belonging to him, and that he would Repel Force by Force, and began to As- semble 4 or 5 Men telling the Corporal he valued neither Col° Bradstreet, Gen1 Amherst, or even His Majesty. this being the Case I was Resolved to Convince the Ras- cal his threats should not have any weight with Me; and as the Corp1 had but one man with him I Desired him to Collect his whole party, and with my Men to take one of his Horses by Force, and to Secure the said Mr Waldrum, who, on Seeing me Determined, made his

THE COLDEN PAPERS— 1761-1764 165

Escape, but the party Secured a horse. This is the fellow who has beat Your Corporal ; and I think it right that he should be represented to the Col° that some Scheme may be taken to punish him otherwise Your Small party will not be able to Act here.

I am Your Sincere Friend & Humble Servant

Geo: Le Hunte.

From Gen. Jeffery Amherst

gir New York, 6th May 1762.

I am to thank You for Your Letter of Yesterday, Returning me the French Papers; the originals of which, I shall transmit, as I mentioned to You, & keep attested Copies of those Relating to Monsieur Comte, which I shall Send You, that they may be made Use of as You may hereafter think proper.

I Can Devise no better Means of Recruiting for the Regular Corps than what I have already mentioned, by Employing Provincial officers, who must be best Ac- quainted with the Country; I should Imagine the Yorkers would readily Enter into the Independ* Com- panies; and therefore I Could wish to Compleat them, while they are here.

Altho' I hope the whole of the Provincials will be Raised, Yet the Detachment Intended for Immediate Service, is certainly first to be thought of; and they cannot be too Soon formed, as I wish to Make the Em- barkation without Delay.

I am, with great Regard, Sir, Your most obedient Humble Servant

Jeff: Amherst P:S: I am likewise to Acknowledge the Copy of Your Message to the Assembly, with their Answer thereto.

J:A.

Honble L* Governor Golden.

166 THE COLDEN PAPERS— 1761-1764

From Gov. Josiah Hardy

Perth Amboy [N. J.] 7th May 1762. Sir,

Mr Mc Lachlan delivered me Your letter of yesterdays date wherein You desire me to allow him to inlist Men into the pay of your Province, it is true we have turnd away a great many men who would willingly have Served in our Regiment, but I own I can not approve sincerely of their entering into any other Provincial Service, as it will be a means of preventing our being able to supply Our Quota for recruiting the Regular Corps which is a Service I have at this time very much at heart, however any impediment in his way, air I shall request is in case I have acquainted Mr Mc Lachlan that I will not throw he meets with any Success, that the Men he may inlist shall be returnd into this Province again at the expira- tion of their Service

I am obliged to you for what you have done in regard to the Deserter who I imagine has inlisted into your Regiment if he is it is a pity he should escape punish- ment.

I am with great regard Sir Your most Obedient Humble Servant

The Honbie Cadwallader Colden, Esq*" JOSIAH HARDY

From Gen. Jeffery Amherst

New York, 8th May 1762 bir,

I am to own the favor of Your Letter of this Days

Date, and to thank You for the Directions You have

been pleased to give for Stopping all Provision Vessells

at the Custom House: I Have already applied to the

Governor of the Jerseys to give the Same Directions in

his Government; And Yesterday I wrote to Governor

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Hamilton, Desiring a General Embargo might be Laid at Philadelphia, and the other Ports within the Province of Pensylvania, as I had certain Intelligence of the Mer- chants there Collecting great Quantitys of Provisions, which I Concluded were Intended to be Sent to the Enemy.

The Sailors taken from on board the Illicit Traders, that are proper Evidences against the Persons concerned in that Commerce shall certainly be Discharged as You Desire, on their giving Such Security as You think Suffi- cient for their Appearance; but the Persons who offered to give Security for the Mate of the Dove, when Captain Houlton agreed to it, Declined, for Some Reasons best known to themselves; and I must own, I would not ad- vise the Discharging of any of them, without Security that can be approved of by You.

If You please to let me know the Names of the Four Convicts, I shall Send to have them Examined; and if they appear to be fit Subjects, I shall order them into the Regular Service.

I am very far from thinking that the Vessells Em- ployed in the King's Service, should not be Subject to the Rules of the Custom house; and I shall give Imme- diate orders to send in a List of them, and that the mas- ters do Conform in Every particular to the Laws of Trade.

I Know of no Quarrell that has happened between Captain Pryce & the wardens of the Port; but I should very readily give the Latter Redress, if they prove their having Received Affrontive Usage from Captain Pryce, which I shall by no Means allow, either to them, or any of the Inhabitants of the place, as far as Depends on me. If the Quarrell has been occasioned by the Joyning of three Masters of Transports in the Measuring & Valuing of the Vessells taking up here, I Cannot help observing that I found it very necessary to order them to Assist in that Service, and when it was proposed, Mr Jeffery the Master Warden, very readily agreed to it: The Many gross frauds that have been used in the Measurement of

TOL. VI

168 THE COLDEN PAPERS— 1761-1764

Vessells in this Country, oblige me to be particularly Garefull in this respect, as I have Complaints from the Navy Board of the Scandalous Impositions that Appear to have been made, & Desiring I May punish those who have been Guilty of them I am, with great Regard, Sir, Your most obedient Humble Servant.

Hon™* Lt Governor Colden. JEFF. AMHERST

From Gen. Jeffery Amherst

New York, 9th May 1762 Sir,

By the last Post from Albany, I had a Letter from Colonel Bradstreet, in which is the following Paragraph.

"The Difficulty we have to get Carriages for His "Majesty's Service, and the 111 treatment the King's "Troops Receive from the Inhabitants, under pretence "of there being no Law for Impressing puts Me Under "the Necessity to Acquaint Your Excellency that the "People of this Country Declare that Unless an Act of "Assembly is past for that purpose, they will not Suffer "their Carriages to be taken for the publick Use, & that "the Troops in Garrison here are not able to take them "against their Inclinations: The Mayor of this City is "so Sensible of this that he is to Acquaint the Lieut. Govr "of it, in hopes of having an Act passed for it now."

I Have likewise a Letter from Capt. L1 Winepress, Enclosing One from Captain Le Hunte, Containing a Complaint of the Same Nature, Copies of which I here- with Send You, that You may See the Spirit of the In- habitants above Albany; And I Must Request You will be pleased to Lay before the Assembly the Necessity of passing Such a Law; for I am Sorry to say that the People in General up the Country, notwithstanding there having Reaped the greatest Advantage from the Troops coming amongst them, through a spirit of opposition to

THE COLDEN PAPERS— 1761-1764 169

Every thing belonging to the Army, do all in their power to obstruct the King's Service. I am, with great Regard, Sir, Your most obedient Humble Servant

Hont»e Lt Governor Colden. JeFF: AMHERST

From Gen. Jefjery Amherst

New York 10th May 1762. Sir,

I am Sorry to find by your Letter of Last Night, that from the Representations of the Mayor of Albany, &ca, concerning the Impressing of Carriages, &ca, for the King's Service, you are Apprehensive that any Message of yours to the Assembly would rather have a bad Effect, than procure any Law in its favor.

I Have, on Every Occasion, been ready to Redress any Grievances, when Complaints have been made to me, of Abuses Committed by the Military; And when you send me the Mayor's Complaint in Writing, I shall trans- mit Copies to Colonel Bradstreet, to have the Truth En- quired into; but I am too well Acquainted with the Op- position any Commanding Officer, in that Quarter, finds in Carrying on His Majesty's Service, to Wonder at his being Obliged to Use Force on some Occasions, otherwise it would be altogether Impossible to Execute the Orders he receives, which tend to Carrying on the Service, & are for the good of the People of this Country in General: If the Civil Magistrates were as ready to Grant then- Authority as they pretend to be, I am Sure no officer, or Soldier, would be Employed to Impress Either Carriages or Horses.

I am, with great Regard, Sir, Your most obedient Humble Servant

Hon^ie Lt Govr Colden. Jeff: AMHERST

170 THE COLDEN PAPERS-1761-1764

From Gen. Jeflery Amherst

New York 10th May 1762. Sir,

Having now made all the Use of the Papers concern- ing the Illicit Trade, which I Intended, I herewith Return them to you, with Attested Copies of those to Mor Comte's, relating to the People at Boston, together with a Translation of the Same; having sent the Originals to the Governor of the Massachusetts Bay, that he may take the proper Steps for bringing the Persons mentioned therein, if they are to be found within his Government, to Condign Punishment.

The Necessity of punishing those who have been Guilty of promoting & Carrying on this Infamous Trade, is, I am persuaded, so apparent to you, that I shall say Nothing more on the Subject, being well Convinced you will do Every thing in your power to make a proper Example, to Deter any Person, at this port, from Ventur- ing into such unwarrantable Commerce, for the future: I must only observe, that it appears Extraordinary to me, any One who Enjoys the Benefit of a British Sub- ject, should, with Impunity be permitted to Transgress the Known Laws of the Kingdom, whilst a Frenchman, whose principles may Naturally Lead him to Assist his own Country, is punished according to the Nature of the Crime: You will perceive that I Allude to Mr Van Solen, & Several others, who, it seems, are Inhabitants of this place, and Enjoy their Liberty, notwithstanding there are the most glaring proofs of their being deeply Con- cerned in this Destructive and pernicious Trade.

I am, with great Regard, Sir, Your most Obedient Humble Servant,

Jeff: Amherst.

Honble L* Govr Colden.

THE COLDEN PAPERS— 1761-1764 171

From John Tabor Kempe

[New York May 12th 1762] Sir

Pursuant to your Honours Commands of Monday Evening, I have perused the English Papers relating to the illicit Correspondence with the Kings Enemies, then delivered me by your Honour for that Purpose I dare not rely enough on my own skill in the French Language to venture to say any Thing about them, until I can pro- cure them to be translated, and as in an Affair circum- stances as this too great Care cannot be taken, that it become not too soon publick I have not ventured to entrust any Person with the Translation

In answer to your Honours Questions to me viz* of what Force are these Evidences? how far they will be Proof in a Court of Law? What farther Evidences as may be necessary? How the Testimony of the Sailors on board the Men of War may be secured? What is the Nature of the Offence? and how and where it should be tryed. I shall endeavour to be as short, as the Nature of so many different Questions will give me Leave.

From the Papers in English, and what I am able to collect from the French Papers, which I understand but very imperfectly, there seems to be the highest Reason to be assured that an illegal Correspondence with the Kings Enemies has been carried on from this Port, but I conceive these Papers alone without other Proof by Witnesses will not be due Proof against any but the writers, and therefore that they will rather serve as Clues to unravell these practices and guide to a more full Dis- covery than to be trusted to as full proof to convict the persons concerned in this illegal Correspondence.

As to the securing the Testimony of these Sailors I can think of no better Method than what I had the Honour to offer you, with Regard to those Sailors taken on board the Dove I think in the first Place they should be examined before one of the Judges as soon as possible,

172 THE COLDEN PAPERS— 1761-1764

and as secretly as can be, least their being examined should be known, and the offenders escape punishment by going off before there is sufficient Proof against them on Oath to justify a Committment your Honour will best judge after what Manner this may be done with the greatest Secrecy, I am afraid in New York it cannot be done secret enough, for tho the greatest Caution was had to keep the Time of the Examination of the Sailors be- longing to the Dove from being known, yet I am well convinced it was known while they were under Exami- nation if not before After these Sailors are examined if more Proof arises from thence it will be necessary to keep them here, so that they may be had on the Trials personally.

They being as I conceive each a particeps Criminis may be committed; or bound over to appear with good Security if the Crime shall appear to the Judge to be bailable, and by that Means they may be secured but should it be conceived they are not partakers of the Guilt, but Witnesses only, I conceive they cannot legally be put in Bonds further than their own Recognizance and that I think will be no Security at all against common Sailors.

And here I cannot help saying I foresee many Diffi- culties may arise in the securing and maintaining these Witnesses until they be wanted, as there is no Fund for contingent Services of the Governm1 of this sort, and I am led into saying this upon recollecting that formerly during Mr DeLancey's administration, on a similar prosecution, there being no Person or Fund to maintain the Kings Witnesses during their stay they went away tho bound by Recognizance, and the Court discharged the persons accused, I not being able to bring on the Tryal for want of those Witnesses.

As to the Nature of the Offence til I can understand the Proofs as they affect each Individual, and know fully what the Witnesses will say, it will be impossible to form a just Opinion, it depends so much on Circumstances— A High Crime and Misdemeanor is the least I can call a criminal Intercourse with the Kings Enemies, Circum-

THE COLDEN PAPERS— 1761-1764 173

stances may make it high Treason should any of the offenders have been guilty of High Treason in Foreign parts They must be tried in England, If the Treason has been committed here, They may be tried here or in England If on the High Seas they must be tried by an Admiralty Sessions If it be a High Crime and mis- demeanor and committed here, it must be tried here, If on the Seas by the Admiralty Those that appear to have shipped Provisions, are punishable on the Provision Act.

I have returned your Honour the Papers entrusted to me, as the most of them are to me unintelligible being in a Language of which I am not Master, and as after they are translated they may be considered together with what other Testimony can be obtained, the doing of which at present seems the most material step

I have the Honour to be with great Respect Sir Your most obed* hum: Serv*

J. T. Kempe New York May 12* 1762. To the Honble Lieut. Govr Colden.

[Indorsed]

Attorney General's Letter

From Gen. Jeffery Amherst

New York, 13th May 1762 Sir,

Immediately on the Receipt of Your Letter Enclosing a Copy of the Attorney General's opinion on the Papers concerning the Illicit Trade, I Sent Capt. Houlton & Captain Dalyell to wait on Mr Horsmanden, to know what time would be most Convenient for him to Examine the Witnesses, who are now on Board the Enterprize; but as he was then Employed on other Business they will wait on him again, when I hope that Affair will be Settled.

Any Services done by the Officers of the Crown, not

174 THE COLDEN PAPERS-1761-1764

belonging to their respective Departments, ought cer- tainly to be paid for; but I Conclude that it is the Duty of the Attorney General to give his Advice, on Such Oc- casions as these.

Captain Houlton being with Me when I Received Your Letter I Acquainted him with that part relating to the Examination of the Witnesses on board the Dove; And he Declares he never Mentioned it to any Person whatever, & was Surprized when he was told of it.

You Acquaint me that on Your Informing the Council that You had, at my Desire, stopt the Exporta- tion of Provisions, they asked You, if You had an In- struction from the King for that purpose, to which You Answered in the Negative. I Have no Instruction neither, but I have thought it my Indispensible Duty to Desire this Measure, from the Discoverys Made of the Attempts to Supply the Enemy with Provisions, from this as well as other Ports on the Continent; and I have not failed to Report the Same to the King's Ministers, which I have not the least Doubt will meet with His Majesty's Approbation.

I am with great Regard, Sir, Your most obedient Humble Servant

Hon*ie Lt Governor Coldbn. JeFF: AMHERST

From Sir William Johnson

Fort Johnson May 15th 1762 Dear Sir

It gives me great concern to hear by your favour of the 35 Ins1 of the loss you have lately sustained by the death of your Daughter Mrs Willet, as also of her Sisters indisposition, which I heartily wish she may recover from, and I beg you will beleive me to be much affected with your late Misfortune, and verry sensible of what you must feel on such an occasion.

THE COLDEN PAPERS— 1761-1764 175

Mr Banyar has sometime ago transmitted me the order with respect to Klock, and the Conajohare Lands which I hope will prove effectual, I have not yet ac- quainted the Indians therewith, least it might have been premature as I understand it is become a point of Law, Klock <fe Fonda having ejected the Tenants on those Lands in the Winter, for an explanation of which, I have wrote to Mr Banyar, who I hope has communicated to you my letter thereon.

I have lately had a Meeting here of all the Six Nations &ca to the Number of near 500, who have declared themselves verry well thereat, I made them acquainted with his Majestys late Instructions to You, which seemed to give them great satisfaction with regard to their Lands in this part of the Country but they are all vastly uneasy at the late behaviour of the Connecticut People who are settleing, or about to settle to the Number of a thousand Familys on some Lands scituate on the Susquahana River, claimed by them in virtue of an Illegall purchase made some years ago by John Lyddius of Albany, the consequence whereof, these Settlers and his Majestys Subjects in generall I am apprehensive will fatally feel if not prevented from settleing thereon, & that imedi- ately. The Senecas in particular have at the late Meet- ing cleared up, and explained the cause of what was laid to their charge last year, have renewed the Covenant Chain, and delivered up two Prisoners, promiseing to send down 10 others mediately, and to cause the Monsies &ca to deliver up all the English amongst them without delay.

In your last favour you mention my qualifieing as a Justice, in order to act as Such, with which circumstance I was before unacquainted and should therefore be glad to know whether such qualification may be made at Albany, & before whom. I am with all respect

Dear Sir Your most Obedient & verry Humble Servant

Wm Johnson

The Honrble Cadwallader Golden Esqr Lieu1 Governour of New York

176 THE COLDEN PAPERS— 1761-1764

From Gen. Jeffery Amherst

New York, 20th May 1762. Sir,

I Have this moment the favor of your Letter of this day: I Have had no Letters lately from General Monck- ton, & know Nothing further of his Coming hither, than what was yesterday Reported in Town: You may be Assured that I should have Acquainted you Immediately if I had had any certain Accounts of it; but I am apt to think that General Monckton himself would not have Determined his Setting out, before the Arrival of My Lord Albemarle.

I am, with the greatest Regard, Sir, Your most obedient Humble Servant

Honwe Lt Gov*- Golden. Jeff: AMHERST.

From Gen. Jeffery Amherst

New York, 20th May 1762. Sir,

I Have Just now Your Letter, Acquainting Me of Your having received a Private message from the As- sembly, wherein they Inform You, that the Obstructions to the Enlistments arise from an apprehension which generally prevails among the Men, that the 553 Men to be Embarked of the Provincial Troops in the pay of this Province, are to be sent to the West Indies, & to be Compelled to Inlist with the Regulars, and therefore De- siring Assurances from Me, that the Provincial Troops in the pay of this Province are to be Employed on the Continent of North America only, and that they Shall be Returned to the Province, as soon as the Service is over, without being Compelled into the Regular Troops.

With regard to the Apprehension of Compelling the men to Enlist into the Regular Service, I need only Referr You to My Letter of the 2d April, wherein I Re-

THE GOLDEN PAPERS— 1761-1764 177

quested the Quota Intended for the Expedition; and I should be Sorry Any one should Entertain Such an opin- ion of Me. that I would Execute His Majesty's Com- mands so ill, as to make Use of any Deceptions in Re- quiring the Men ordered on Service: Their Destination must Remain a Secret for the present, as I am not at Liberty to Divulge it ; but by My forementioned Letter, You will See, that the Provincial Troops are to Return so Soon as the Service on which they are going is Effected.

The Remainder of Your Province Troops, are ordered to Albany, & from thence to Oswego, where they will be Employed as last Year, unless other Services Call them from thence; and when the Campaign is over, they will, of Course, be Sent back to their homes, if His Majesty's Service does not require that I should make any further Requisition from the Province; which it is Impossible for me at this time to Determine.

I Can't help Expressing My Concern to find that, there are only 377 Men of the Xew York Detachment as Yet Embarked; so that there are still wanting to Com- pleat 176 Men; altho' both the Rhode Island, & Jersey Detachments are Compleat. and on board; and that I am Informed the Quota Demanded from Connecticut t, is also Embarked & I Expect them here hourly: I have Spoke to Colonel Thodey to forward this Service, but I Must Request You will Repeat Your orders for Com- pleating the Detachment without Delay.

I am, with great Regard. Sir, Your most Obedient Humble Servant

Honbie Lt Governor Colden. JEFF. AMHERST

From Gen, J e fiery Amherst

New York, 22? May 1762

What You mention in Your Letter of this Day, con- cerning Some Merchants of this Place, having Entered

178 THE COLDEN PAPERS-1761-1764

into Contract to Send Provisions to the Havannah, by way of the Island of Providence, is the first I have heard of Such a Scheme ; I shall Endeavor to Sift into the truth of it, & Acquaint You of whatever I can Learn: I Had Some Notice of the People at Philadelphia forming Such Designs, and I therefore Desired a General Embargo at all the Ports in that Province, which has Accordingly been Laid; and I am hopefull that, with the prohibi- tion on the Exportation of Provisions at this Port, will Effectually prevent their putting their Intentions in Execution.

Some days ago I had a Memorial from Mess*3 Rieux & Comte, to the same purport with the Letter You Mention to have received from them; but I must give it as My Opinion, that those Gentlemen should remain as they are, untill some Determinations are taken on that Affair.

I am, with great Regard, Sir, Your most obedient Humble Servant,

Hon^e Lt Governor Colden. JeFF' AmHERST.

From Gen. Jeffery Amherst

New York, 24th May 1762 Sir,

I Have this moment received a Letter from Governor Bernard, of which the following is an Extract.

"The Province Ship King George has sent into this "Port as a Prize, the Sloop Sally, John Shoals Master, "Laden with Sugar & Indigo, from Hispaniola; from the "Depositions which have been taken this Day, it appears "that she left New York, Loaded with Flour, without "any Clearance or any publick Papers, Except her Reg- ister; That she went to the Port au Cayes, near Port "Louis, in Hispaniola, where she Disposed of her Cargo, "and took in a Lading chiefly of Sugar & Some Indigo: "The Owner is Mr Lawrence Kortwright of New York."

THE COLDEN PAPERS-1761-1764 179

The Governor Adds, that the Master has Behaved in a very Candid manner; but as the Above Vessell is one of those in the List which you sent me sometime since, and that it appears she was regularly Cleared out for Jamaica, the 26th January 1762, there can be no doubt but the Master has Either Sunk or Secreted his papers, and I shall Write accordingly to Gov1" Bernard.

By a Report that has been made to me, I find there are a Number of the French Prisoners that were in this Country, Enlisted among the Yorkers, & the Enclosed is a List of those on board the Transports; some of which have Represented to me, that the Officers who Enlisted them, obliged them on passing Muster, to Declare them- selves Germans, and Contrived to give in their Names in such a manner, that they passed for Such : As I do not think it safe to Employ those Men on the Expedition, I must Desire you will be pleased to give Orders for Ex- changing them with a like Number from the rest of the Troops; and give Direction to the Recruiting Officers not to Enlist any such for the future, unless they have been in our Service before; but Even those I would only Chuse to Employ to the Westward.

I am, with great Regard, Sir, Your most obedient Humble Servant.

Honble L* Govr Colden. JEFF: AMHERST.

Petition from Two French Prisoners [Translated from the original French]

[May, 1762]

To his honor, Mr. Colden, Lieutenant Governor and Commander in Chief of the Province of New York.

Humble petition of Jean Batiste Rieux and Pascal Comte, Frenchmen detained in the prison of this city:

If we were less aware of your honor's nobility of sentiment and goodness of heart, we should have less

180 THE COLDEN PAPERS— 1761-1764

confidence in the respectful petition we are taking the liberty of presenting to you. The object of this petition is to obtain from your honor our release from the prison of this city, where we were confined on the third of this month of May. We pledge our word and honor that we will appear every time and whenever we are summoned. Besides, if it is required, we will give security in the city for our good behavior and for our conforming exactly to the orders which we shall be given. Your honor is not ignorant how disagreeable it is for men of honor to stay in a house like this where we are now confined. We are foreigners and consequently ignorant of the laws and customs of the country. If we erred in any respect, it was through ignorance and not through malice, of which we are incapable. But it is in the kindliness of your honor's character that we place our firm trust of obtaining the grace we are requesting. We need only that. We have no doubt about receiving our liberty through so generous an intercessor as your own goodness. We do not cease making the most sincere good wishes for your honor, of whom we are respectfully,

Rieux P. Comte

[Indorsed] Received May 22nd 1762.

David (?) C olden to Cornelius Low Esq [Copy]

New York May 24th 1762. Sir

There is a Land trial comeing on at the next Circuit Court in Ulster County in this Province, which is to be held the 3d Tuesday in June, between some of the owners of Minissink Pattent, and one Mc Neil who possesses Lands that are suppose to ly within the Tract formerly granted to Captn John Evans. In this Controversy the South bounds (commonly calld the North West line of Evans's Pattent) is a most material Point You no doubt

THE COLDEN PAPERS— 1761-1764 181

Remember Sir that you did many years agoe run that Line from Stony Point on Hudsons River, being Deputed for that purpose by my Father. It will be very necessary that some Evidences concerning this line are produced in Court, and as there cannot be any other so proper as yourself the bearer Mr Simmerel waits on you to in- deavour to prevail on you to go up to Kingston at the time of trial. This is an affair of such great Consequence & your Evidence may be so very material & is perhaps the only one that Can now be come at that I hope Sir you will if possible go up Please if you can to give Simmerell a Memorandum of the Persons Names who were with you on that Survey & to note any of them that you know to be alive

To Cornelius Low Esqr New Jersey

[Indorsed] Copy Letter to Mr Low. N. Jersey

Petition from Two French Prisoners [Translated from the original French]

gk; [May 25, 1762]

We have the honor to send you our petition, praying it may please your honor to grant our release from prison, on the promises we have made and which we repeat, to furnish security for our good behavior. We will appear every time we are summoned. We promise to obey the commands you lay upon us, and to be submissive to them always.

From whom, Sir, ought we hope for liberty if not from a magistrate filled with kindness and pity? It is in your honor that we put our trust, that you will not let us perish in a place where vermin and insects torment us, where we sleep not and where we are fearful of contract- ing a grievous disease.

182 THE COLDEN PAPER&-1761-1764

If your honor permitted us the good fortune of a moment's audience for our justification, you would find in us only probity and good faith.

We are respectfully, Sir, your honor's

Very humble and very obedient servants,

Rieux

From the New York prison R CoMTE

May 25, 1762

From John Cruger

New York May 25, 1762

The Magistrates of this City have by Different Con- veyances Certain Inteligence of a Very Contegious fevor Raging both at Martinique & Granadoes And Are Also Informed that the Sick of His Majestys Troups from them Islands Are Expected here, which at this Season of the Year may prove of fatal Consiquence, as well to His Majestys Service, as to the Inhabitants of this City, In whos behalf the Corporation Humbly Request your Honour will be pleased to Use the Necessary precautions. Bedlows Island was purchased by this City for the Re- ception of Such Unhappy people as should arrive here with any Infectious Disorder, which Island the Corpora- tion Desired Me to Offer, I have the honour to be Yr Honrs Most Obed Humb Sar*

To the Honkie Cadwallader Colden &c JOHN CrUGER

From Gen. Jeffery Amherst

New York 25th May 1762. Sir,

Mr Jacob Franks, of this place, having Represented to

me, that as Agent to the Contractors for Victualling His

Majesty's Navy at the Island of Jamaica, he has Orders

THE COLDEN PAPERS— 1761-1764 183

to ship a Large Quantity of Flour & Bread for the Use of the Fleet already Arrived, & soon Expected, there; which becomes the more Necessary from the Advice he has just received of two Vessells Loaded with Bread, & Bound thither, being taken by the Enemy; He therefore Requests Leave to Ship on Board the Undermentioned Vessells, the particular Quantities set against Each of their Names, which I must Desire you will be pleased to Allow, by ordering the Custom house Officers to Clear the said Vessells, on Mr Franks's giving Bond for the De- livery of the said Flour & Bread at Kingston in Jamaica: It will be necessary that the Bond is very particular with regard to the Quantity of provisions, that no bad Use may be made of this Indulgence. The Vessells which Mr Franks Desires to Load at present, are.

One Hundred Barrels of

1st The Brigantine Charlotte Wm Thomson Master

2* The Sloop Wm & Mary Sam1 Gilford Master

- Flour, & Four Hundred Barrels of Bread.

One Hundred Barrels of I- Flour & Three Hundred & twenty Barrels of Bread

3* The Sloop Antelope 1 °ne Hundred Barrels of

t«™ Txr 1.4. Tv/r 4. r Flour & Three hundred &

James Wright Master f Fi% ^^ of Bread

I am with great Regard, Sir, Your most Obed1 Humble Servant.

Jeff: Amherst

Honble Lt Govr Golden.

From Gen. Jeffery Amherst

'. New York, 26th May 1762.

Your Letter of this day, Enclosing One from the Mayor, in relation to the Sick Supposed to be Coming

184 THE GOLDEN PAPERS-1 761-1764

from Martinique, & Another from Mess"5 Rieux, & LeComte, regarding their Confinement, was this Moment delivered to me.

I Have not had the least Intimation of any Sick Coming from the West Indies to this Place; and with regard to the Contagious Fever that is Said to be Raging at Martinigue & the Grenades, I am far from thinking that there is any truth in that Intelligence, Since by all Accounts from thence, I have the pleasure to Learn that the Troops who went from this Continent, were as healthy, as I could have Expected had they remained here ; those that went from Belleisle, which are to remain at the Grenades, were reported to be Sickly ; However as it may be, some of the Sick will be Sent to this place; and as I would most Carefully avoid any thing that could Endanger the Lives of the Inhabitants of this City, I shall order the Director of the Hospital to take a view of the Houses on Bedlow's Island, & to Report to Me his opinion of that or any of the other Islands, which may be Suitable in case any of the Troops should arrive here, and that their Distemper appears to be Contagious : And the greatest Care shall be taken that a due Examination is made before any are permitted to Land; but whatever their Ailments may be, I hope the People of this Country will Joyn with me, in thinking that due Care Should be taken of them, & that no idle Reports of timorous People should prevent their receiving the Necessary helps for their Recovery.

I shall, at all times, be ready to Conform in Every respect to the Laws of the Province, and I can have no objection to the Pilots bringing the Vessells, that may Come with the Sick, no farther than Bedlow's Island until they are Visited by a Physician, I wish the Pilots were only as Exact in the Discharge of their Duty on Every other Occasion, as I would have them be in this

Notwithstanding the Representations of Messra Rieux & Le Comte, I must Confess I am Still of the same opin- ion, with regard to their Enlargement. As to the Loath- someness of the Goal, of which they Complain, if it is so,

THE COLDEN PAPERS-1761-1764 185

it is very different from the Report that has been made to me. Would you think it right to send a Proper Person to visit their Apartment?

Colonel Thodey was with me Yesterday, in Conse- quence of Your Orders, & has Repeated his Promises in Endeavoring to get the Detachment Compleated which I hope he will able to Effect. In the meantime the French remain on board the Transports.

I am obliged to You for the Directions You have given for Clearing out the Vessells belonging to Mr Franks, Loaded with Provisions for the Use of the Fleet at Jamaica, which I am persuaded will be very accept- able, as the Numbers in that part of the world must, in all probability, be greatly Encreased by this time.

I Return You the Mayor's Letter, & that from Messrs Rieux & Le Comte

I am with great Regard, Sir, Your most obedient Humble Servant,

Jeff: Amherst

Hon*16 L* Governor Golden.

From Gen. Jeffery Amherst

New York, 27th May 1762 Sir

Mr Franks having sent me the Names of two more Vessells which he purposes to Load with provisions for the Use of the Navy at Jamaica, I am to Desire you will be pleased to Direct the Custom house Officers to Clear them, on Mr Franks's giving Bond for the Delivery of their Cargos at Kingston in like manner as the former:

The Names of the Vessells, with the Cargos to be Shipt on board them are as under Viz

1- Britf" Brookland, ]?*, Hun4red, Bal?is f M°ur>

Capt. Masterson & ,Thf« Hu,ndred fif * tw0 Bar"

J rels of Bread.

186 THE COLDEN PAPERS— 1761-1764

2* Bri^« Tarob 1 0ne Hundred Barrels of F[owc

fu a i at * U Three Hundred & fifty Barrels John Sarley Masterjof Bread

I am with great Regard, Sir, Your most Obedient Humble Servant

Jeff: Amherst

Honble L* Gov* Colden.

From Gen. Jeffery Amherst

New York 30th May 1762. Sir,

I am to thank you for the Orders you had given to the Commissaries to Send Directions for paying the Bounty to the Troops at Albany; but I am Sorry they were so Negligent as not to have Sent it immediately on your Granting a Warrant for Issuing it

Before I received your Letter I had Desired Colonel Amherst to make an Offer of the Surgeoncy at Annapolis Royal to Mr Charlton, upon Condition he Resides there: I have not yet his Answer, so that I know not whether he will Accept of it: If he does not, I shall very willingly Appoint any Person you Wish to provide for, upon the same Conditions, & I will Enquire about Mr Philips's Character: I thought the Sallary was more than what is mentioned in Mr Wood's Letter, but I think it necessary that the Person I Do Appoint should Reside on the Spot for the Discharge of his Duty I Return you Mr Woods Letter.

I Have not forgot Lieut: Turnbull, and You may be Assured I shall have a pleasure in providing for him when any opportunity Offers.

I am, with the greatest Regard, Sir, Your most Obedient Humble Servant,

Jeff: Amherst

Honble L1 Governor Colden.

THE COLDEN PAPERS— 1761-1764 187

From Gen. Jeffery Amherst

New York, 30th May 1762 Sir,

By Letters I received last Night from Col. Bradstreet & Cap1 L* Winepress at Albany, they Acquaint me, that the Bounty money for the York Troops not being Ar- rived at Albany, the Officers cannot prevail on any of the Men to Leave the place without it altho' I had Sent Orders for forwarding them immediately to Oswego.

As the Season is already far Advanced, & that it is high time, the Men were at their Destination, I must beg you'll be pleased to Send such Orders to the Com- manding Officer of the Yorkers at Albany, as may satisfy the Men, & prevent any further Delays on this Account I am, with great Regard, Sir, Your most obedient Humble Servant

Jeff: Amherst.

Honble L* Govr Colden.

From Gen. Jeffery Amherst

New York Friday morng 4th June 1762. Sir

I Have just now your Note, and shall do Myself the pleasure of Attending you at twelve o'clock to Drink the publick Healths.

I Have received a Memorial from a Mr Fras Welch of this Place, Setting forth, that "he is Engaged to Supply, "for the Use of the Garrison at S* Johns, in Newfound- land, One Hundred Barrels of Flour & Ten Tuns of "Bread, within the Space of about 3 Weeks from this "time, & that altho' the Value thereof is not above Three "hundred pounds Currency, he is willing to give Security "of One Thousand pounds Sterling, for Landing the Same

188 THE COLDEN PAPERS-1761-1764

"at S* Johns aforesaid." As these provisions are for the Use of the Troops in Garrison there, and that Mr Welch's proposal is very fair, I must beg you will be pleased to Order the Custom house Officers to Clear out the above Quantity of Flour & Bread on Mr Welch's giving the Bond as before mentioned, for its Delivery in Newfound- land.

I am with great Regard, Sir, Your most Obedient Humble Servant,

Jeff. Amherst

Honble 1/ Govr Golden.

David (?) Colden to Messrs. Livingston & Ogden

[Copy]

June 7th 1762 Gentlemen

I shall send a certified Copy of the Pattent to Peter Vanburgh Livingston and John Provoost, by Mr Brush, one of Mr Banyars Clerks who is to be at the Cirquit Court at Kingston. This Pattent was granted to them in trust for Mr Alexander; the Land lies within the Dis- pute between Evans's & Minissink Pattents: and Mr Alexander took a grant of these 3000 Acres in lieu of some lands lying in the same bounds which he had held under the Pattent to Wilson and Company or Minissink. I likewise send the Draft of these Lands in the hand- writing of Lewis one of Mr Alexander ['s] Clerks, which I mentioned to you when I had the pleasure of being with you : it is not so particular as I then thought it was, nor do I imagine it can be of any use but for your own information The Lotts which Mr Alexander held under Minissink Patent are 28 and 19: the Northwest line of Evans's Pattent you will see runs through No 19. The Grant to Livingston and Provoost comprehends only so much of No. 19 as lies to the North Eastward of that line, and in lieu of No. 28 he took the tract which I have

THE COLDEN PAPERS— 1761-1764 189

marked off with black lead lines. In order to supply the use which you expected to make of this Grant to Mr Alexander I shall send you a Copy of a Pattent granted to James Stringham and Daniel Everet which is laid doun on the Draft: Everits father purchased in the Minissink Pattent & his son Daniel Everit took out this Pattent after the N.W. line of Evans's Pattent was estab- lished by the Govr & Council to begin at Stony Point Daniel Everet lives at Goshen in Orange County & if you think it proper you can send a Suppoena to him

[Indorsed] Messs Livingston & Ogden at Poughkepsey

From Gen. Jeffery Amherst

New York, 11th June 1762. Sir,

I Have this moment received from Colonel Brewerton a Return of the Names, &ca of Four Men of the New York Detachment that Deserted last Night: If those Men could be taken, & punished, it might be a means of putting a Stop to any further Desertion, & herefore I Enclose you a Copy of the Return, that you may be pleased to take such steps as you shall Judge best for the Apprehending of the said Deserters I am, with great Regard, Sir, Your most Obedient Humble Servant.

Jeff: Amherst

Honble U- Gcrv^ Colden.

From Gov. Robert Monckton

Fort George August y6 4th 1762 Sir

Inclos'd I send you for your Perusal a Letter with some Papers I received from the Lords of Trade, in

190 THE COLDEN PAPERS— 1761-1764

Answer to some of yours; which you will be pleas'd to Return when you have perused them. There is an alarm of some of the People at the German Flatts being cut off, but I am in hopes that it will not turn out of much Consequence. Sir Wm Johnston is March'd with the Militia.

I hope Sir, you Enjoy your Health And am with much Esteem Sir Your most obedient Humble Serv*

ROBT MONCKTON

L1 G0Vr COLDEN

Mrs. Catharyna Brett to Sir William Johnson

Fish Kills August ye 26th 1762 Honoured Sr

Having been Informed by Mr Van Wyck when Your Honour was there Last that Cap1 Nimham had Informed You that he had Land here and was Kept Out of his Right Sr I Should a thought my Self happy to have waited on Your Honour at Mr Van Wycks had I have known on it and Given You a true Account of the whole Affair which I have many Evidences to prove ; Sr I must Trouble You with the foundation of the Affair, Upwards of thirtie Years Ago Sr I met with a Vast Deal of Trouble by Some white people at Poghkeepsie, Sr Wee having the Oldest Pattent of any Round us, the Poghkeepsie People Getting on that part that by Division was al- loted to me and Sold part of it I Sr Endeavoured to Convince them in a Kind Manner but there was no Convincing of them and Sr there Lived a Vast many Indians in this Place, When we first Came here and this Company my Adversaries at Poghkeepsie Began to threaten me and I was Advised to Aject two of the white people, they never Apeared but Let Judgement Go by the fault, I Received the Writts of Possession, this En- Raged them, to Sett up the Indians Against me telling

THE COLDEN PAPERS— 1761-1764 191

them that I had Stollen their Land, and they would but it, but Old Nimham and two of his Sons Remained my friends, the White People Could Not Corrupt him he was an Honest Morral Creature as Ever I knew for he was an Instrument to protect me for I was in Danger of my Life, and I was obliged to Complain to Governor Bornet, who Sent for the Ring Leader one Lewis and also the Indians Called a Councel on purpose, and Ordered an Interpreter, had Our pattent and Indian Deed Read to them, the Indians Owned the Indian Names in the Indian Deed to have been the First Proprietors, the Governor Reproved them and made them Decease, and the Gov- ernor Desired Me to have that Part Surveyed so that the Indians might be Convinced of the Bounds. He Gave a Special Warrant to the Late Governor Colden Who was then Surveyor General, who Came himself in Order to do it, but was Soon Repulsed by a Company of Drunken Indians who were Sent by them, who threatened to Break his Compass and was Stoped. He Sent for me and I went too him and found Old Nimham and his two Sons With Mr Colden, Perswading of them to Lett it be Sur- veyed, but in Vain, and then I Agreed with them, to pay them if they Would See it Done, and with much Diffi- culty Mr Colden proceeded and after it was Done, the Governor Ordered the Indians to Appear before him, and Convinced them. And that time there was Mr Philip Cortland and Mr Guyline VerPlank present, and the Governor Desired to make them a present being they were Indians, and we the Pattenteis Mr Cortland Mr Ver- plank and my Self, promised we would but not as a Debt but to Renew friendship, I Waited a Considerable time for my Partners to Join with me, and the Indians were Uneasy and they Neglected So Long, At Last I went and Paid my Part which Amounted to Seventy Pounds, and I had Carried to Judge Swartworts [ wouts] , were Nimham came with the Indians, and they were fully Satisfied, then this Old Nimham put me in mind of a Promise, that I had made him, Concerning a place were he Lived, that he and his Children might Live on as Long as he Lived,

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that Neither I nor my Children Should molest them, I Did in Gratitude to Old Nimham, being he was a freind of mine, he never Asked me what Quantity of Land he should have but the Place were he Lived; and when Ever he went of[f], the Land was Mine. But Sr in a Little time After, Some mischevious White people went to the Indians and hired Little Bitts of Land and made them Give thim Leases, then they put in what Quantity of Land they Pleased and Made their Leases, for Ninety Nine Years, And this Old Nimham has been Dead about Twelve Years but his Children might have Stayed on till this Day but his Oldest Son One Shake Came to me and Asked me Liberty to Sell the Improvement to One Cap1 Swartwout I Opposed it at First and a Little after he Came Down Again with Seven or Eight more Indians for Liberty to Sell the Emprovement, I Give him Leave to Sell ye Improvement, and he Sold it for Twenty Pound. It Being a Precarious time, I Suffered all this, for fear of their Setting up the Indians Against me. About a Year Ago Capt. Nimham was Last with me, And I told him if the Whites Owed him Any thing by Promise he might Get it if he Could, I have Nothing to do with it, but from that time forward he Should make no De- mands there, and he Seemed to be Satisfied and thanked me And I have not Seen him Since. Honoured Sr I am ashamed to Trouble Your Honour with Such a Long Scraul but hope you will Excuse me, for Necessity Obliges me to it to Prevent Trouble, Sr I have heared that he has made a Complaint to Governor Monckton and he has Ordered the Attorney General to Enspect into it; Sr if Your Honour would be pleased to Order Some One to Enquire of the truth of what I have Wrought as there are many Evidences to proof it

Sr

I Remain with my Humble Regards to Your Honour, Your most Humble Servant att Command Catharyna Brett

[Indorsed] Letter from Mrs Bhejtt relative to Lands. cj "!

THE COLDEN PAPERS-1761-1764 193

Cadwallader Colden to Gov. William Popple [Copy]

New York Septf 2d 1762 Sr

I have the honour of Your Excellency's letter of the 1st of July which I should have acknowledged sooner had not my mind been so much affected by recent losses of my dearest relations that I could not fix my attention to any subject

Tho I retain the commission of 1/ Govrer while a Gov- ernor in Chief is in the Province I have nothing to do & nothing to receive which has given me an opportunity to retire & pursue those amusements in which I have at all times taken please & indeed are the only pleasures fitted to my age You may then Sr believe that your kind offer of corresponding with me on philosophical subjects gave me unexpected pleasure & I shall not fail by every thing in my power to merit the favour & culti- vate a medical Correspondence

The treatise which you mention I suppose is a pamphlet I published in this place several years since On the first causes of action in Matter which was re- printed in London without my knowledge I afterwards inlarged it & had it printed in London under the title of The principles of Action in Matter & applied these Prin- ciples to the Explication of the Motion of the Planets; but as astronomy had not been my study I fell into some errors which I have corrected in a New Copy ready for the press. In this last I have added from the same Principles an Explication the phenomena of Light & colours. The Elasticity of the air & the cohesion of the parts of bodies in a manner entirely new for I had met with nothing on these subjects which gave my mind the least Satisfaction If on these Principles hitherto in- explicable phenomena can be clearly deduced from this cause it must go a great way in confirmation of the truth of them

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You may Sr early imagine that I am desirous to know your objection before the new copy is published & as you tell me that it is so long since you read my treatise that you have forgot your own objection I shall endeavour to bring it to your memory by a short recapitulation of my principles.

The grand object of Physics or natural philosophy is to discover the natural powers by which all the phenomena are produced & it is the only knowledge which can be of use

We have no Idea of Substances or of things them- selves other than their power of producing such effects & we have no conception of the manner or how they pro- duce those effects for example We have no Idea of motion other then change of place but the change of place is only the effect or consequence of Motion it gives no Idea of motion or of the power of moving or in what manner it acts in changeing its place

Our knowledge of the powers in nature can only be obtained by an accurate observation of the phenomena or effects produced by them & from thence collecting the general rules of Laws which these powers observe in produceing their effects in different circumstances we thereby have obtained all the knowledge of nature which can be obtained by our faculties.

From the observation of the phenomena or effects of Matter or body I conceive that the essence of matter con- sists in its power of resisting any change of its present state whether in motion or at rest & that all the effects or phenomena of matter may be clearly deduced from this power essential to it by which it is distinguished from all other Beings

As motion or a perpetual change of its present state is inconsistent with a perpetual resistance of that change I conclude that the power of moveing must be inherent or essential to some different being or substance & from the phenomena I conclude that Light is this being or Substance to which the power of moveing or motion is essential. By supposing Light at rest you loose every

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Idea you had of it or of its effects In like manner take away resistence from body & you have no Idea left of it. From resistence being essential to matter its impeni- trability necessarily follows but when we observe that the rays of light are penitrated on every point by other rays which cross them in every point in innumerable different directions from all the surrounding parts of the visible world it evidently follows that the [illegible] of Light are mutually penitrable & that it has no power of resisting & consequently that it is essentially different from matter or body

The Phenomena of Gravitation or apparent (not real) mutual attraction by which bodies at a distance appear to act on each other necessarly supposes some being universally diffused by which the action of one body is carried from one to an other at a distance: for nothing can Act where it is not.. The nature of this being the Medium of Action of other beings can only be known from its effects or the phenomena as the nature of all other beings can only be known from their effects If essence consists in receiving the Action of the resisting power & of the moving power & in reacting their action with the same force with which it received their action & from this power of this universally diffused medium I deduce all the phenomena of Gravitation or apparent mutual attraction of bodies

In short the Principles of Physics which I have adopted consists in the different powers of these three different beings viz the resisting moveing & reacting beings & I am confident that all the phenomena of the great & minute bodies may be deduced from them. I hope you will not find any thing unnatural forced or meerly imaginary in this but that these principles & their consequences are obvious to every understanding & would have been easily recieved had not our imagination been strangely perverted in our youth by the school learning calculated to darken truth & impose absurdities on the minds of men to serve bad purposes

However in order to account for particular phe-

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nomena it is to be observed that as the rays of light producing different colours have different degrees of velocity essential to them so there are innumerable different species of matter each with a different degree of resisting essential to it.

These are the powers so far as I can discover which produce all the phenomena in the material world Here I use the word Matter more generally for every being distinct from the Intelligent being. For from the phe- nomena or effects of intelligence every where apparent I cannot doubt of the existence of an intelligent being every where present. The essence of Intelligence is to act with some certain view or purpose. Where Design view or purpose is evident on the Actions of any being its actions must be directed by intelligence To give mo- tion or resist motion or to react are not nor can they be conceived as the effects of intelligence but only the direction of them to serve a certain purpose is the proper effect of Intelligence. If the Intelligent being could give motion or resist motion the existence of other beings become unnecessary & on such supposition it can never be proved that any other being exists but at the same time this absurdity follows & that this acts allmost in every case oppositely & contrary to it-self. Hence the existence of the other substances & powers of Acting cannot be denied without an absurdity

The only Action of the Intelligent being on the ma- terial is to give direction to the action of the material in such cases where it is not determined of it self for ex- ample Suppose the Earth to be impelled by the rays of the Sun & that the force of Gravitation at the distance the earth is be equal to the force of Light in this case the earth can neither move from or to the Sun but by move- ing at right angles to the line connecting the centers of the earth & sun both powers would have their effect viz Light by giving it motion & Gravitation by preventing its going farther from the sun Now the earth may move at right angles in any direction in a plane that is perpendicular to the line connecting the centers of the sun & earth &

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there is nothing in the Actions of Light & Gravitation to determine in what direction the earth shall move in that plane but the particular direction is determined by the intelligent being to serve its purposes or Design in the system

Now Sir I have given you as fully as I can in the bounds of a sheet of paper a general notion of my prin- ciples of Philosophy & I hope you will give me your sentiments of them with that philosophical freedom which is essential to sincere search of truth, you will find some objections answered in the monthly review for No- vember 1759. I am with great regard

Sr Your most As I am now in the Country about 15 miles from the City please to direct your letters to be left at the Post Office or Custom house in New York His Excellency William Popple

From Dr. Robert Whytt

Edinburgh October 80th 1762 Dear Sir

I was favoured with your kind an Instructive letter of February 25th, also with another Shorter one Inform- ing me of the melancholy event of Mrs Coldens Death, on which account I most heartily sympathize with you. I ought to have wrote long before this time but a multi- plicity of other business & the bad state of health my wife has been in for above a year past, have made me on this occasion a very unpunctual Correspondent. When you desire to entrust you papers on the Principles of action in Matter to me you do me an honour which [I] really do not observe, for your reasonings on that Sub- ject will be much to deep for me to pretend to Judge of them; However, altho I cannot give a Judgement on your work myself, I shall put it into the hands of some who are better versed in these matters & shall either

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endeavour to get it published or deposite it in our Library as they shall advise. I have therefore, along with this, written to Mr Collinson to put your Manuscript into the hands of a Gentleman who will take Care to transmit it safe to Edinburgh

Last year I Sent you by the hands of Dr Shippen of Philadelphia a Copy of my review of the Controversy with Dr Holler which I hope you have received before this time, if not, I shall endeavour to transmitt another Copy to you.

I have only to add that I am with esteem & regard Dear Sir Your most humble and obed* Servant

Robert Whytt

[Indorsed]

To Cadwallader Coldbn Esquire Lieutenant Governour of New York at

New York North America

From Gov. William Popple

December the 20th 1762. Sir

I have received your most obliging Letter of the 2d of September last, which I received with the greater pleas- ure, as it convinced me of a truth I had long layd down to myself, "that Men of true Genius and knowledge are "always better pleased to have their sentiments fairly "canvassed, than blindly submitted to." My reason for laying this down as a principle is, that Truth is the Ob- ject of the Enquiry of Men of Sense, and that whether they find it in their own heads or in those of other Men, they equally embrace it. The pride that a Man takes in being the Discoverer of truth is, tho' commen[d]able for the fact, a weakness, as it seems ascribing a merit to self, when it is no more than an exertion of the faculties ap- pertaining to Man; You may possibly think, this notion

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is a little strained, but after all, Man is a limited Being and the going to the full Length of his Power, is rather a Duty he owes to himself, than a Merit.

I shall now without any further preface, and without any Compliment, acquaint you that I never received a Letter, or even read a book, that markd out, with such perspicuity, and Truth (as your's has done) the true Es- sence, powers and properties of Matter I shall briefly observe on them, after acquainting you, that I think it is a kind of presumption in me, almost to write on those thing, having never seen the Out- or inside of an Uni- versity, never studied Physics or Metaphysics, Rhetoric, or any thing but Truth, which I have endeavord to gain by the Lecture of ancient and modern Books, and my own reflections on them. This may not be the scholastic, or learned way of coming at real truth, for as you very justly observe in your Letter, "school-Learning is calculated to "obscure truth and impose absurditys on the minds of "Men," and Mr Locke further, "that School Learning "often turns Names and words into real Essences, sub- stances & Beings"; but it is the surest way of arriving at knowledge.

Your Letter, sir, has revivd to my Mind the Objection to one part of the pamphlet, which I took Notice of in my Letter, (I hope not unbecomingly) and which I will take the Liberty to remake, when I come to that part of your present Letter, where the Principle I had then doubis of, is again layd down.

Your Idea of Motion and the means whereby we come at that Idea, are extreamly just, natural, and Strong, but as you very honestly and fairly confess that "it gives no idea of Motion, or of the power of moving, "or how it acts," will you permit me to observe, that your difficulty of coming at the Idea of Motion arises from your tracing it only from that single Circumstance of Change of Place which is limiting the idea of Motion in general to one Single Effect of it. Now in my humble opinion, Motion is imperfectly defined by this, for either there is a power of resistance in matter (which is a prin-

V&L. YI

200 THE COLDEN PAPERS— 1761-1764

ciple in it) or there is not. If there is, then this power must be stirred by [?] action and cannot be accounted for by any other Cause. If there is not, and the motion is formd by Light or Intelligence directing it, we want nothing but a medium thro' which the one can act upon the other. There must be a conveying, in the one and a receiving Power, in the other.

Motion has its principle of Moving force within the Moving Body. The enquiry then of this principle or moving force in Body must arise from the known prop- ertys of that Body. The Discovery then what motion is, or the Idea which we have of it, can no otherwise be made, than by investigating the properties of Body, or to speak more explicitely, of Matter. How sir, the difficulty lyes; this Difficulty must be got over, or we shall never acquire a true Idea of Motion, for the infinite Varietys of Motion are but partial Exhibits of that Phoenomenon, internally and essentially in Body or Matter.

To go into all the known properties, of Matter would be as needless, as it would be tiresome. Two powers which Sir Isaac Newton, has discoverd in each particle of Matter will be sufficient namely Gravity and Attrac- tion for those Powers produce Cohesion which makes what we call Bodys. I call them two, tho' in fact Gravi- tating and Attracting are the same, as to their Esse, tho' different in their modus agendi

Matter has never yet, in my Opinion been properly defind, for it has always been called passive, or inert, which can never be a true definition of it, if Gravitation and attraction are essential propertys of it.

Sir Isaac Newton I confess, says, "That all things "considered, it seems probable, God, in the beginning, "formed Matter in solid, massy, hard, impenetrable, "Moveable particles, of such sizes, figures and with such "other properties, and in such proportion to space, as "most conduced to the end for which he formed them; "That these particles have not only a vis inertle, "accompanied with such passive laws of motion, as nat- "urally result from that force, but also that they are

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"moved by certain active principles, such as is that of "Gravity, and that which causeth fermentation, and the "cohesion of bodies. These principles are to be consid- ered not as occult qualities, supposed to result from the "specific forms of things, but as general laws of nature, "by which the things themselves are formed; their truth "appearing to us by phenomena though their causes are "not yet discovered. But Sir Isaac does not speak here as a Philosopher, but as One that would keep well with the Clergy and not openly contradict the general Opinion of Mankind in the receivd Notion of an immaterial, intelligent extra-acting Power. He says in another part of his works that from Motion proceed Generation, Corruption, Augmentation, Diminution, Lation. From these Life from Life Perception Instinct Thought Ratiocination and that by gravity and attraction he can solve all the Phenomena of the Universe. I acknowledge him as a Philosopher here.

To know the true Cause of the moving principle which resides within the moving body, we ought first to come to a Certainty with respect to the Eternity, or Creation of Matter, for if Matter is a substance existing from all Eternity and in create, all its properties are so, and among the rest this Moving principle; That it is Eternal needs no other proof, but its Unanihilability, for what may end, may, nay, must have begun what cannot end, cou[l]d not begin. I shall not at present go into any other proofs of the Eternity of Matter, having already exhausted the Subject in several Essays, but shall quote the following passage out of a small Essay calld Anthropogonia, in which I considerd Time, Eternity and Duration abstractedly as well as relatively, with a View to this Question whether a succession implys a Beginning, and how far it may affect the human species in particular.

"Man is born, Man perishes, Man is renewed. He "exists therefore, and is Continued by Succession. This "is true, if by the Word, Man, we mean the Individual, "but not otherwise."

"For thus The human Species is born, the human

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"Species perishes, the Human Species is renew'd: The "human Species therefore exists and is continued by "Succession, Now this cannot be granted of the Species, "for none of the Terms of the Propositions are true, and "the Inference therefore must be false ; It will not be "allow'd (till it is demonstrated) that the human "Species is born, perishes and is renew'd, though the "Individual is. Dayly Experience proves the Question "of Fact, as to the Individual, but the other has neither "one nor the other for it, and can be assum'd only as a "possible Hypothesis, and this Hypothesis cannot be "admitted as a principle, to be inferr'd from, unless it "can be demonstrated, that a discontinuance of the "Species is a necessary consequence of a discontinuance "of the individual; The contrary to which is evident. It "may be granted without prejudice to the Argument, that "an instantaneous Ceasing of every individual, would be "a Discontinuance of the Species, but as that is not the "condition of Mankind, and a barely possible Suppossi- "tion, it cannot be inferred from, and brought in aid of "the Question of Fact.

The Difficulty of conceiving a Succession without a beginning in the question now to be discussed, owing to a misapplication of the word Succession, has given rise to the supposition of a beginning in one Sense, as a wrong notion of the same Word, when consider'd as rela- tive to Time, has, in another. If the Word had never been apply'd to the Species, and Time not have been assumd as Successive, the Existence and Continua- tion of Mankind might without difficulty have been from all Eternity, for the Principles of Generation, as will be shown presently, cou'd never induce any neces- saity of a beginning.

"Man is continued by Generation, exclusive of all "other means Generation implies a previous Non- existence in the Individual, that is to be produced "Man therefore cou'd not begin by Generation, because "the means were wanting There must have been a

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"Creation of Man by other means," & this must be proved.

If you agree with what I therein say, that succession dos not imply a Beginning of Existence, then Succession twisted by arguments a thousand ways, can never prove a Creation of Agents, for the express beginning Con- tinuation and succession of Man, Animals, fishes Birds or any part of inanimate Matter, then the Eternity of the Universe or rather the non Creation of it is no absurd notion the other rational and probable Conjecture, till positive proof can be brought to the Contrary.

To Explain this to you I must give you my notion of Time which can only be considerd in its relation to Bodys and Motions, for time in itself is a Non-Entity. In its relation to Bodys and Motions it is no more than our Idea of them when we consider them as Existing or moving. To prove Time to be a Non-Entity I shall borrow the following word from Sir Isaac Newton who says: "God is not Eternity, nor Infinity, but "Eternal & Infinite. He is not Duration, nor Space, "but he endures and is present, he endures always, "and is present everywhere, and by existing always "and every where, constitutes the very things "Duration and Space, Eternity and Infinity; This "if it means any Thing, means, that Duration, Space, "Eternity, Infinity, are only modes under which We conceive of the Existence of God, in all other respects mere Non-Entitys. If Time then is a Non-Entity con- siderd abstractedly from Bodys and Motions succession must also, but as Succession is but a part of Time (which Time is nothing Considerd abstracted from Bodys and Motions) then succession cannot imply a beginning of Bodys, since the argument does not reach to the begin- ning of Matter of Bodys but only to their continuance in Existence. Hence the only probable conjecture is that the Universe is Eternal and that there could be no Creation at all of it.

As to what you say about Light, which you seem to think essentially different from Matter or Body, by its

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mutual penetrability of Particle with particle, and to be the Being or Substance to which the power of moving or motion is essential, I have one objection in my mind which seems to me, unanswerable, not to trouble you with too many.

If Light was essentially different from Matter or Body, it could neither be visible nor perceivable by ma- terial Organs, If you say the effects may but not the substance I beg leave to say that the effects cou'd not appear without a power of recipience in Body and if that power of recipience is the power of resistance (without which as you justly say, we shoud have no idea of mat- ter left) then is Taction by the rays of Light on Matter or Body, the mode or manner of Lights causing motion and of our percipience of it: and if according to the essence of Matter resistance or Sir Isaac's Vis inertia is that, which causes motion Light cannot act upon Matter but by Taction in which case the Tangens and Tactum, must be mutually organized As yet I cannot bring my self to Conceive that immaterial Substance can act on material body without a Medium: But as you have treated this subject in a new Light, in your present in- tended Book, I shall wait till I have the pleasure of read- ing your System. Dr Hill (who notwithstanding many flights, dos not want solidity Genius Parts &c has at- tempted Something concerning the Essence of fire and carrys his idea a great length for he says (Page 345) he has been charged with setting up fire as God. If you have not the book, and it is to be had with you It is worth your purchasing or borrowing at least to know his Notion of fire and Light, v. P. 323 &

I shall now without taking up too much of your time, too precious to be thrown away on my imperfect vein of thinking, acquaint You with the Objection I formerly made to one principle layd down in your Pamphlet and continued Still in your present Letter, and both (without as I think proof) hypothetically or postulattvely.

The Principle layd down in yours, that God is a Being

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or Substance of Intelligence by which I understand a Being distinct from Matter, for this is not directed by itself tho' propertied, in every thing necessary for its operations but by this Being of Intelligence.

Intelligence in itself is a word or name by which we express our idea of certain effects produced in matter, which we say (and in so saying beg a question) would not be produc'd by matters own powers. This effect which we see strikes with the Idea of contrivance, Struc- ture, proportion, Order, mechanism, Organism, which are not essential (say we) to the powers of Matter per Se, but extra-wrought upon Matter by a Being, or God, of Intelligence. Do you not see, that this Assumption of an intelligent Being acting upon Body in which we see all the phenomena just mention'd, rises from our ignorance of many properties Matter may have, and which our reason has not yet investigated & perhaps never may completely. But suppose for argument sake a person should Attempt to prove Intelligence to be as absolutely a property of Matter, as any sensible property, it has woud you have a worse idea of that material acting In- telligence, than if it was an immaterial One, even capable of demonstration. Is not Intelligence, Intelligence?

It woud be too tedious to enter into this detail at present. I shall in my next Letter send you an extract out of a Piece I have wrote, which proves that the mind of Man acts by material Organs and not by any Power but what it has in it self and that if Light, as you seem to think, is that Being or Substance to which the Power of moving, or motion is essential, the Body moving, still acts by its own Organs tho' moved by Light and that Light could not cause motion without those inherent Principles in body. The same may be said of the Power of an Intelligent Being acting upon Matter, and that in both Cases there must be a conveying and receiving medium of Action. If matter then has in it self the requisites of Motion, what foreign help can it want? If Gravity and attraction are powers in matter, cannot they act without being set in motion. But say you if their

206 THE COLDEN PAPERS-1761-1764

motions were not wisely and orderly Directed, They woud move ev'ry way indirectly. Not if they have, as I main- tain they have, those Powers in them, Those powers coud not err in, their motions. You see wisdom in their mo- tions and call for Light and Intelligence as directors of them. I see Plasticity, as some of the Antients did in Matter, which without any extraordinary Invention of a Creator brought forth every thing by its own powers.

You are not one of those I am persuaded who will say, that if one properly is in one part of Matter that property must necessarily be in all. You will no doubt allow that propertys vary according to Modification you will not say, that the eye must hear because hearing is a property inherent in the Ear by its modification and that both are matter. Why then exclude Thought, Mind, Intelligence from being a General property of Matter because it is not in every part of Matter. It is in the Individual calld Man, but it is not in his Thumb-nail. Matter has general properties, and it has propertys, Special, according to its Modification. Human Intelli- gence, according to common Opinion, and even that of the Great Sir Isaac Newton, differs from divine Intelli- gence in the mode and manner of it. To Give God that Faculty of Intelligence, that power of knowing which we have in ourselves is with the addition of infinite, as My Lord Bolingbroke says, making God an Infinite Man. But not to pursue my own thoughts any further, I shall beg leave to introduce Cicero or his friend Colla, to you who will explain my meaning better.

"How shall we conceive anything of God, when we "cannot possibly attribute any virtue to him? Shall we "say he has prudence? No: for prudence consisting in "making choice between good and evil, what need has "God of such choice, when he is by his own nature in- "capable of any evil? Shall we say he has understanding "and reason? No: for understanding and reason only "serve to discover things unknown to us, by things that "are known; but there can be nothing unknown to God. "Nor can be attrib[ute] Justice to God; that being a

THE COLDEN PAPERS— 1761-1764 207

"thing which only relates to human Society: nor tem- perance; since he has no pleasure to restrain nor cour- tage, in regard he is not susceptible of any pain, labour, "or fatigue; nor exposed to any danger. How then can "a thing be God, which has neither virtue nor under- standing?"

Intelligence being then only an Idea derived from our consideration of some Phoenomena in matter, which we think matter coud not effect for want of that principle which we see in the structure of that particular part that Strikes our Senses, we conclude on an Extra Agent dis- tinct from Matter who without any Medium of Convey- ance in it self, or recipience in the body acted upon; operates there wonders, by a power which we say is not in Matter, tho we see it in nothing else.

We make him likewise from the same principle, not only the Creator of Matter, but the Giver of those Powers, which we see no where but in Matter, and with- out any other reason but that we will not allow a Genus of knowledge in Matter, tho' we see a Species in parts. But if it shoud be proved that matter is from Eternity, it cannot be said ever to have been Created, An Eternal Creation is a Contradiction in terms. If matter had a beginning and God gave it its powers, human reason must of necessity discover it from the nature of the Phoenomena; for to assume and give God an action, which he never discoverd to the reason of Man, nor expressly revealed in the works, from whence Man de- duces it, is a presumption which, I confess, I think too great for Man.

This Sir, not to detain you any longer, is the Objec- tion that I made when I first read your excellent pam- phlet; which I still make to your present Letter, and which I have ever made against evry Book, that takes a Creation for granted, without any proof from the Phoe- nomena. If any Person can (and if any, you can) show me my Errors, I will freely acknowledge them; till then I hope I shall not be esteemd an Atheist, if I do not com- prehend God, as they do. Give me leave in order to free

208 THE COLDEN PAPERS— 1761-1764

my self from that Suspicion, to close this Letter, with my Definition of God and Submit it to your Opinion.

God, whether material, or not, is one, perfect, sub- stantially-present, in every thing and every where ; directive active vital, God is generaly evry thing, but not one thing; considerd as dividedly from the whole. God in two words is uni-genal but imspecial

I have already made this Letter so long that I am ashamd to add to it. I shall therefore only say I wish I had hands to Copy some pieces I have wrote both in Verse and Prose among the rest a Poem called Oblivion, but it is almost impossible to find hands for that purpose. I send you the Argument by which You will be able to judge of the Nature of the Poem and perhaps from that be more induced to see it

ARGUMENT

Invocation Reign of Oblivion Chaos with her Erebus awakes Chaos and begets Creation Descrip- tion of Creation Oblivion in despair brings forth Time —Time banishes oblivion who retires to her old quar- ters— Time and Error dwell with Mankind State of Man under their Government Man dissatisfied Igno- rance, Doubt, Self Sufficiency, Superstition, Zeal, En- thusiasm, Bigottry &ca climb up to Heaven Description of each Oblivion awakes knows them not Her Speech to them their's to Oblivion a sudden Darkness spread over all a Voice is heard What it says a lucid Sub- stance appears Description of it Its Speech A mirror that reflects strange sights a second Darkness Mystic Characters What they contain Short speech of a Rep- tile to the rest Who the Reptile seemd Return of all to Earth End. I am with great truth & regard, Sir, Your most obed* hble servant

WM Popple

[Indorsed] Popple

Observations on Mr Coldens Laws of Action in Matter

THE COLDEN PAPERS— 1761-1764 209

From Gen. Jeffery Amherst

[1762?] Dear Sir ^EW YoRK Tuesday 11 at Night

Lieutenant Williamos has laid before me this Evening several Papers which I have looked over, and find Monsieur Rieux and Monsier Comte very deeply con- cerned in this most destructive trade.

Mr Williamos reports to me that he has examined the several Papers belonging to Monsieur Maroquis Mon- sieur Laugardiere and Monsieur Gillet and nothing ap- pears against those Gentlemen, so that if you think proper they may be released, and their papers which are in the Sheriffs hands returned to them.

I find several Papers that regard the other Provinces, if you approve, I will sort these out, and send them to the several Governours, keeping Copies of the Papers which you may see and reserving such for you as are relative to the People of this Province, or if you chuse to peruse the whole as they are, I will send them directly to you. I am with great truth and Regard Dear Sir Your most Obedient Humble Servant

Hont>ie L* Governour Colden Jeff- AMHERST.

From Gen. Jeffery Amherst

[1762?] Dear Sir Saturday Night

A Vessel this moment arrived gives me the pleasure of congratulating you on our Success at Martinique, the Proposals for capitulating having been made on 13th Feby & the whole Island taken possession of the 16th. I enclose you a Letter that was sent to me, which will probably give you more particulars, am Sir Your most Obedient Servant

Honorable Lt Governour Colden. JEFF. AMHERST

210

THE COLDEN PAPERS— 1761-1764

Extract from the Customs House Books of New York

of Vessells Cleard Between the 10tYl Nov. 1761

and 13 Feb. 1762

Vessells Names

Masters Names

Owners Names

Sloop New York Packet Sloop Hester Sloop Dove

Scooner S1 Michael Brig6 Friendship

Sloop Fair Trader Sloop Charming Betsey- Sloop Industry Sloop Antilope

Snow Sally

Brigte Charming Anne Charming Sally, Brignt€

Little David Sloop

Sloop Jove

Sloop Sally Sloop York

Sloop Beaver Sloop Fox Sloop Industry

Richard Moon Nathi Bethell William Carlile

William Moore Robert Campbell

William Montgomerie William Richardson

Henry White

James Wright

John Gifford

William Simonton James McLaughlin

Thomas Crowell

John Ball

John Shoals John Walker

Adam Todd John Cotton Tunis Thew

Robert Campbell, Ger- rard: Van Solengen Thos Moore, Sam1 Sacket, Wm Dobbs, Abra: Lott Winter Fargie, Peter R: Livingston Gei*1 G : Beek- man

John Waddell, Philip Livingston, Jas Jauncey Thos Livingston, Ger- rards V. Solengen, Rob1 Campbell

Peter R: Livingston Jacobus Van Zandt, Wil- liam Kelly

John Alsop and James Jauncey

David Dickson, Hum- phrey Jones, Sam. V: Home

Lewis Pintard James De- Peyster

William Simonton Geo. Harison, Geor: Fol- liott, Thorn8 White Gregg & Cuningham, Walton & Compa. David Johnston

Daniel Moore & Teleman Cruger

Lawrence Kortwright John Milligan Sam. Lou- don

John Milligan Richd and John Alsop Thos Lynch, Jacob Townshend, Abr Lott

THE COLDEN PAPERS— 1761-1764

211

Contents of the Cargoe

Where Bound When Cleared

6% Tons Flour, 12 Tons Iron 14 Tons Provs 3 Tons Iron 14 Cask Apples 32 boxs Candles 4 M hoops 10 Cask Prize Claret

2 Tons Prov. 1M. ropes Onions

3 M. hoops 20 hd3 Coals

23% Tons Prov3 234. bars Iron

16 M bricks 16% M hoops

and Uropean Goods on Cocket

10 tons Flour % M. boards

12 Tons Iron

12% Tons Flour 35 Cask Onions

7 M Staves 6 Desks 5 hds Claret

10% Tons Prov3 28 M. Staves

20 tons Provs 50 boxes Candles

European Goods on Cocket 1 M

feet boards 4 M hoops

20 tons Provs European Goods on

Cocket 91 Kegs lard 31 boxes

Candles 19 Casks Apples 10 M ft

boards 10 M hoops

20 Tons Provs 37 Casks Oyl, 12

boxes sope, 107. firkins lard, 49

boxes Candles, 1340 boards, 4825 hoops

& staves, European goods on Cocket

24 barrels Tar, 31 % tons Provs

Uropean Goods 20 boxes Candles

60 bags lard, 600 bords 20 M hoops

24% tons Provs European

Goods 600 Deal boards

24 tons Prov3 52 box3 Candles,

6200 Hoops European Goods

40% Tons Provisions

19% Tons Prov3 9 box3 Chandles

600 Deal boards 4M Hoops 9 Casks

Apples

9% Tons Prov3 30 bar3 Oyl 7

firks. lard, 93 boxes Candles 1 hd3

fish, European Goods, 10 M feet

boards

1 M feet boards 20 Cask Apples European Goods on Cocket 20% tons Prov3 3 tons Iron

12 Casks Oyl, 2 M boards

316 Casks Flour, 74 Casks Beef,

70 Firkins butter 22 hd3 Fish, &

2 Casks Cheese

New London North Carolina

New London

Black River in Pennsylvania

New London

New London Jamaica

Jamaica

Jamaica

Jamaica

North Carolina

Jamaica

Jamaica North Carolina

Jamaica

New London Jamaica New London

North Carolina

Novr 13th 1761 Novr 16"* 1761

Novr 25. 1761 Novr 25. 1761

Novr 26. 1761

Novr 26. 1761 Decern* 8th 1761

Decern1" 10. 1761 Decemr 10. 1761

Janury 8th 1762

Janu^ 18. 1762

Janury 20. 1762

Janry 23. 1762 Janry 26. 1762

Janry 26. 1762

Febry 3d 1762 Febry 5. 1762 Febry 12. 1762

Novr 10th 1761

. [Indorsed] Extracts from the Custom House Books of New York of Vessels cleard between 10th Nov* 1761 and 13 Feby: 1762

212 THE COLDEN PAPERS— 1761-1764

From Gen. Jeffery Amherst

[1762?] New York Sunday Morn Dear Sir

I received, late last night, a Letter from General Monckton of 2d Aprill, who acquaints me, that in conse- quence of the orders he had received from England, he purposed to return to this Place, when Lord Albemarle set out from Martinique.

By later intelligence I find the Troops under the com- mand of the Earl of Albemarle sailed from Barbadoes for Martinique on 18th Aprill, so that we may expect, every fair wind, General Monckton's arrival here. I am with great truth and Esteem Dear Sir Your most obedient Humble Servant

Jeff. Amherst.

List of Vessels at Cape Francois from the English Colonies

[1762?]

Brigg Sally of New York Mc Qoughlen Master

Snow of New York, Williams Master

Sloop of the East end of Long Island, Hicks

master Sloop of Philadelphia Miller Master Sloop of New York, Tue Master Snow of New York, Miller Master Brigg™ of Rhode Island Hopkins Master at Port

a Pee

[Indorsed] List of Vessels at Cape Francois from the English Colonies from G1 Amherst

o S

u

THE COLDEN PAPERS— 1761-1764 213

From Benjamin Franklin

Perth Amboy Feb. 26 1763 Dear Sir,

Your Favour of the 14th Instant, I met on the Road in my Journey to this Place with my Son, who joins with me in Thanks for your good Wishes relating to his Admin- istration here. I thank you also for your kind Endeav- ours in obtaining the Discharge of William Forrester, who is accordingly discharged.

I condole with you most sincerely on the repeated grievous breaches that have been made in your Family. Loss of Friends & near and dear Relations, is one of the Taxes we pay for the Advantage of long Life, and a heavy Tax indeed it is.

The most remarkable Discovery that has been made within these three Years, is, that Quicksilver is in reality a melted Metal ; with this new Character only, that of all others it requires the least Heat to melt it. The Academy of Sciences at Petersburgh have found, that by dipping a mercurial Thermometer into repeated cooling Mixtures, and so taking from the Mercury the Heat that was in it, they have brought it down some hundred Degrees (the exact Number I cannot remember) below the Freezing Point, when the Mercury became solid, and would sink no lower ; and then the Glass being broke, it came out in the Form of a silver Bullet, adhering to a Wire which was the slender part that had been in the Tube. Upon Tryal it was found malleable, and was hammer 'd out to the Bigness of a Half Crown; but soon after, on receiving a small Degree of Warmth it returned gradually to its fluid State again. This Experiment was repeated by several Members of that Academy two Winters successively, and an authentic Account of it transmitted to our Royal Society.

I suppose you have seen, in the 2d Vol. of the new Philosophical Essays of the Edinburgh Society, an Ac- count of some Experiments to produce Cold by Evapora-

214 THE COLDEN PAPERS— 1761-1764

tion, made by Dr Cullen, who mentions the like having been before made at Petersburg. I think it is but lately that our European Philosophers have known or acknowl- edge anything of such a Power in Nature. But I find it has been long known in the East. Bernier, in the Account of his Travels into India, wrote above 100 Years since, mentions the Custom of Travellers carrying their Water in Flasks covered with wet woolen Cloth, and hung to the Pomells of their Saddles, so as that the Wind might act upon them in order to cool the Water. I have also seen a kind of Jar for cooling Water, made of Potter's Earth, but unglaz'd, and so porous that the Water grad- ually ouzed through, to the Surface, supplying Water just sufficient for a constant Evaporation. I try'd it, and found the Water within much cool'd in a few Hours. This Jar was brought from Egypt. Mentioning this Matter to Dr Hadley, then Professor of Chemistry at Cambridge, he immediately made the following Experiment at which I was present. He dipt the Thermometer into a Quantity of the highly rectified Spirit that goes by the Name of Ether, famous for its quick Evaporation. The Ether hav- ing stood in the same Room with the Thermometer, was therefore of the same degree of Warmth, and of course there was no Alteration of Height in the Mercury while it remain'd in the Ether. But as soon as the Thermometer was taken out, and the Ether with which it was wet began to evaporate from its Surface, the Mercury fell several Degrees. The Doctor repeated the Wetting with a Fea- ther, and I quicken'd the Evaporation by a Bellows, that the Repetitions of Wetting might succeed quicker; and the Event was, that the Mercury sunk from 65, the Tem- perament of the Air on that Day, down to 7, which was 25 Degrees below the Freezing Point; so that the Mois- ture of the Air and Breath of the Bystanders, collecting round the cold Ball of the Thermometer, froze there, and form'd a rough Ice all round, & near % of an Inch thick. It seems by this, that a Man naked, and standing in the Wind, and repeatedly wet with Spirits might be frozen to

THE COLDEN PAPERS— 1761-1764 215

death in a Summer's Day. I think none of our common Philosophical Principles will serve us in accounting for this. Perhaps yours may do it.

Professor iEpinus of Petersburgh, has publish'd a Work on Magnetism and Electricity, in which he en- deavours to apply my Theory of the latter to the Explan- ation of certain Phenomena in the former. He supposes Magnetism to be a particular Fluid equally diffus'd in all Iron, easily flowing and easily movng in soft Iron, so as to maintain or recover an Equilibrium. But in hard Iron, i. e. Steel, moving with more Difficulty. And that in making an Artificial Magnet of Steel, nothing is added, the Magnetism is only moved from one End towards the other and not easily returning remains there, so that one end of it has more of it than its natural Quantity, the other less ; or in other Words, one End has positive Mag- netism the other negative. I have while in England made many Experiments wth Magnets, and own myself inclined to iEpinus's Opinion, tho' there are some Difficulties in his Doctrine that as yet I do not see how to solve. Shall I venture to mention moreover, a Suspicion I have, to wit, that Magnetism fills all Space, and that its general Direc- tion is what we call North and South, except only where it is made to deviate by Nearness to particular Magnets, as this Globe of Earth, a Stone, or Steel Bar; and that a Being capable of Passng from one Heavenly Body to another, might be directed in his Course by a Compass, as well as a Mariner on our Ocean. I suspect too, that one Use of this Universal Magnetism may be, to keep the Axes of the Planets and other heavenly Bodies nearly in their respective Directions; tho' I at the same time see Difficulties in and Objections to this Opinion that are yet too hard for me.

While in England, after my chief Business was over, I amus'd myself with contriving and bringing to a consider- able Degree of Perfection, a new musical Instrument, which has afforded me and my Friends a great deal of Pleasure ; but the Description of it would make this Let-

216 THE COLDEN PAPERS-1761-1764

ter, already too long, much longer. I am, with great Regard & Sincerity, Dear Sir,

Your most obedient & most humble Servant

My Compliments to your very "• -rKANKLIN

ingenious Son, Mr David Colden. I suppose he has seen Nollet's Letter in answer to a Piece of his publish'd with mine on Electricity.

Honble Cadr Colden Esqr

Board of Trade to Gov. Robert Monckton

Q. Whitehall March 9th 1763

bir,

His Majesty having appointed Us His Commissioners, for promoting the Trade of this Kingdom and for in- specting and improving His Majesty's foreign Colonies & Plantations, We take this the earliest Opportunity of acquainting you therewith, and transmitting to you the inclosed Copy of the Order of His late Majesty in Council by which the Correspondence between this Board and the Governors of His Majestys Colonies is regulated and as- certained, together with Copies of the Letters from the Secretary of State to this Board, and to the Said Gov- ernors, explaining this Order and of the additional In- struction given to the Governors in consequence thereof. This Order and explanatory Letters will mark out to you the manner, in which you are to carry on your Cor- respondence with this Board and you will govern your- self accordingly. We are

Sir Your most Obedient humble Servants

Edmond Thomas

Geo, Rice

Orwell

C. Townshend

SOAME JENYNS

Ed Bacon John Yorke

Honbl€ Robt Monckton ) Govr of New York f

THE GOLDEN PAPERS-1761-1764 217

Board of Trade to Gov. Robert Monckton

Sir Whitehall April 29th 1763

His Majesty having appointed us His Commissioners for promoting the Trade of this Kingdom, and for in- specting and improving His Majesty's foreign Colonies & Plantations; We take this the earliest Opportunity of acquainting you therewith, and transmitting to you the inclosed Copy of the Order of His Late Majesty in Coun- cil, by which the Correspondence between this Board and the Governors of His Majesty's Colonies is regulated and ascertained, together with Copies of the Letter from the Secretary of State to this Board and to the said Governors explaining this Order and the additional Instruction given to the Governors in consequence thereof.

This Order & explanatory Letter will mark out to you the manner in which you are to carry on your Corre- spondence with this Board, and you will govern yourself accordingly. We are

Sir, Your most obedient humble Servants

Shelburne

Soame Jenyns

Ed Bacon

John Yorke

Geo: Rice

Orwell

Bamber Gascoyne

Robt Monckton Esqr ) Govr of New York )

From Robert Whytt

Dear gir Edinburgh May 16th 1763

I was favoured Sometime ago with yours of the 11th of Nov1* and last post I received your letter of March 7th

218 THE GOLDEN PAPERS— 1761-1764

Your Papers Came Safe to my hand about two months Since; and as I am by no means qualified to form a Judg- ment of either the principles or application of them, con- tained in these writings, I have Spoke to Mr Adam Fer- guson our Professor of Natural Philosophy who has under- taken to peruse them; and as his Course of Lectures will end in a few days, I shall take care from time to time to put him in mind of his Promise. If Mr Ferguson should be for Publishing your papers, I shall write you so much, that you may give directions what printer or Book seller to Employ; for no person in our narrow country will undertake to run the risque of Printing a book of mathe- matical & metaphysical learning on his own Charge. If Mr Ferguson should not be clear as to the publication I suppose you would Incline that the Manuscript should be given into the Library of the University as a present from you, and that on the cover, mention should be made of these papers having been wrote by you, & made a pres- ent of, to ye University of Edinr where you had your first Education; as you imagine that they contain the true principles of Physics and may one day become usefull.

If the publication shall be determined on, your orders about Correcting any obscure passages shall be observed.

I agree with you that the English affect too much to despise all Theory; altho one ought not wantonly to In- dulge his fancy in framing Hypotheses, & far less in pub- lishing them, unless they seem to explain the Phenomena & are therefore at least probable; yet to run down all Theory, or Hypothetical Reasoning, is certainly a great error; and as it proceeds either from vanity or ignorance, so it will sooner or later Introduce the latter.

Many of the English Physicians run down all Theory in Physic so much, that either they, or the Successors if they tread their steps, will soon become mere Empiricks.

As I am Just going to begin to reprint my Essay on the vital motions, I should be much obliged to you, for transmitting me your Queries, which you say you have drawn up on that Subject.

Doctor Porterfield wrote you a long letter in answer

THE COLDEN PAPERS— 1761-1764 219

to yours, at the time I wrote of it, i.e. about 2 years & a half ago. I will try to get him to send you another Copy of it. He has no thoughts of publishing any thing practical on the eye: He has nothing of that kind pre- pared at present, and as he is at least 68 years of age he will not probably engage in any great work. Dr Porter- field's letter to you was Sent by a Glasgow ship, and has been miscarried, I presume, by the ship having gone to some other place than New York.

I have Seen Mr Bard only once, but shall not fail to take particular notice of him, as he is recommended by you. I suppose he attended last winter only the anatomy & perhaps chemistry and that he may be one of my pupils next winter.

I congratulate you on the restoration of peace, which was so necessary to Great Brittain, and will be so advan- tageous to our Colonies in N. America. The discontent & faction which have been fomented on this occasion in England, are truely shamefull. I am with particular regard and Esteem Dear Sir

Your most humble & obed* Servant

Robert Whytt.

th

Bill

[Torn]

[June, 1763?]

£

Sh

d

To supp[er] & Breakfast

0

3

0

To Bowl of Toddy

0

1

6

To half pint of W. India

0

1

0

To one Gill of rum

0

0

6

To supper & Breakfast

0

3

0

To half pint of W. India

0

1

0

To supper & Breakfast

0

3

0

To Dinner

0

1

6

To 1 Gill of W. India

0

0

6

To supper & Breakfast

0

3

0

To Dinner

0

1

6

220 THE COLDEN PAPERS-1761-1764

£

Sh

d

To 1 Gill of W. India

0

0

6

5th To supper & Breakfast

0

3

0

To Dinner

0

1

6

To half pint W. India

0

1

0

6th To supper & Breakfast

0

3

0

To Dinner

0

1

6

To 4 Gills of W. India

0

2

0

7th To supper & Breakfast

0

3

0

To 1 Gill of W. India

0

0

6

To 6 mens supper

0

6

0

9th To Dinner & Supper

0

3

0

To 1 Bowl of Toddy

0

1

6

To half pint rum

0

1

0

10th To Breakfast

0

1

6

To dinner & supper

0

3

0

To a Bowl Toddy

0

1

6

To a Gill of Rum

0

0

6

11th To Breakfast

0

1

6

To Dinner & supper

0

3

0

To a Gill of Rum

0

0

6

12th To Breakfast

0

1

6

To half pint of Rum

0

1

0

To washing

0

1

0

[Indorsed]

3

2

0

Prices 1763

July ye 1st 1763

To 2 Bowls of shrub punch

0

4

0

To 1 Bottle of shrub

0

4

0

To Breakfast

0

1

8

To Lodging

0

1

0

2d To 1 Bowl of shrub punch

0

2

0

To supper

0

1

6

To Lodging

0

1

0

To 1 Bottle of shrub

0

4

0

3d To Breakfast

0

1

6

To Dinner

0

2

0

THE COLDEN PAPERS— 1761-1764 221

July

£

Sh

d

To 2 Bowls of shrub punch

0

4

0

To Lodging

0

1

0

4th To Breakfast

0

1

6

To Dinner

0

2

0

To 1 Bowl of shrub punch

0

2

0

To Lodging

0

1

0

5th To supper & Breakfast

0

3

0

To Dinner

0

2

0

To 1 Bowl of shrub punch

0

2

0

To Lodging

0

1

0

6th To 4 Gentlemens supper

0

6

0

To 4 Breakfast

0

6

0

To 4 Dinner

0

8

0

To 5 Bowls of shrub punch

0

10

0

To 1 Bowl of sangaree

0

2

0

To 4 Gentlemen's Lodging

0

4

0

7th To 4 supper

0

6

0

To 4 Lodging

0

4

0

To 4 Breakfast

0

6

0

To 2 Gallons of Rum

0

12

0

To 6 pounds of Cheese

0

9

0

To 2 pounds of sugar

0

3

0

9th To 6 Gentlemens Dinner

0

9

0

To 3 Bowls Shrub punch

0

6

0

To 1 Bowl of punch for the

Carpenters

0

2

0

To 3 Gentlemens supper

0

4

6

To Lodging

0

3

0

paid for washing

0

4

0

July

£ 7

6

6

10th To 4 Gentlemens [brea]kfast

0

6

0

To 4 Dinner

0

8

0

To 2 Bowls shrub punch

0

4

0

To 2 Gentlemens supper

0

3

0

To 4 Lodging

0

4

0

11th To 4 Gentlemens Breakfast

0

6

0

To 2 Dinner

0

4

0

222 THE COLDEN PAPERS— 1761-1764

To 2 Bowls shrub punch

To 2 Gentlemens supper

To 2 Lodging

To one sheep

To 1 Bowl of shrub punch

12th To 2 Gentlemens Breakfast

To 10 Quarts of Oats

To ye Servts Expences

Total Oats

[Indorsed] Bill in NY 1763

£ Sh d

0 4 0

0 3 0

0 2 0

0 16 0

0 2 0

0 3 0

0 5 0

10

16

6

3

2

0

13

18

6

2

15

0

11

3 5

6

11

8

6

1

1

6

10

7

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8

5

12

From Earl of Egremont

Whitehall [London, Eng.] July 9th 1763 Sir,

It having appeared, that the Publick Revenue has been greatly diminished, and the Fair Trader much preju- diced, by the fraudulent Methods used to introduce into His Majesty's Dominions, (contrary to the Act of 12th: Charles 2d, for encouraging and increasing Shipping & Navigation; and that of 15th: Charles 2d, for the encour- agement of Trade; and the Act of 7th & 8th of William 3d,

THE COLDEN PAPERS— 1761-1764 223

for preventing Frauds, & regulating Abuses in the Plan- tation Trade;) Commodities of Foreign Growth, in Na- tional, as well as Foreign, Bottoms, by Means of small Vessels hovering on the Coasts; and that this iniquitous Practice has been carried to a great Height in America, an Act was passed the last Session of Parliament, inti- tuled, An Act for the further Improvement of His Ma- jesty's Revenue of Customs; And for the Encouragement of Officers making Seizures; and for the Prevention of the Clandestine Running of Goods into any Part of His Majesty's Dominions; by which the former Laws, rela- tive to this Matter, are enforced, & extended to the Brit- ish Dominions in all Parts of the World; and The King having it extremely at Heart to put an End to all iniqui- tous Practices of this Nature, by a due, punctual, & vigor- ous, Exertion of the Laws made for this salutary Pur- pose; and His Majesty having been pleased to order, that the most effectual Steps should be taken for obtaining that End ; The Commanders of His Majesty's Ships, sta- tioned in America, will in Consequence thereof, be vested for the future, with the necessary & legal Powers from the Commissioners of the Customs, for carrying into Execution the several Acts of Parliament relative to the seizing & condemning any Ships that shall be found transgressing against the said Acts ; I am to signify to you the King's express Pleasure, that you do, as far as shall depend upon you, not only cooperate with, & assist, the said Commanders in the due & legal Execution of the Powers & Instructions given them by the Commissioners of the Customs, but that you do also use your utmost Endeavours, by the most assiduous & impartial Exertion of the Laws enacted for this Purpose, to put an effectual Stop to the Clandestine Running of Goods into any Place within your Jurisdiction: and that you may be fully informed of every Particular, in an Affair of this Import- ance you will find inclosed herewith a Copy of the Act passed last Session of Parliament, referred to above; to- gether with His Majesty's Order in Council made agre- able thereto, for the Division of the Seizures ; to which I

224 THE COLDEN PAPERS-1761-1764

add a List of the ships stationed in America, distinguish- ing such as have the Custom House Commissions, from the few which sailed before the Resolution on that Head was taken ; And also a Copy of the Instructions given by the Lords of the Admiralty to the several Commanders of these Ships.

The Precautions, which, upon perusing the Two last mentioned Papers, you will observe to have been taken here, & the strict Orders given on this Occasion to the Commanders of all the Ships of War in America, will suf- ficiently point out to you, how earnestly The King wishes that all possible Means should be used to root out so iniquitous a Practice; A Practice carried on in Contra- vention of many express & repeated Laws, tending not only to the Diminution and Impoverishment of the Pub- lick Revenue, at a Time when this Nation is labouring under a heavy Debt, incurred by the last War for the Protection of America; but also to expose every fair Trader to certain Detriment, and even Danger of Ruin, by His not being able to carry his Commodities to Market, on an equal Footing with those, who fraudulently evade the Payment of the just Dues & Customs for the same.

It is the King's Pleasure, that you do, by the first Opportunity, acknowledge the Receipt of this Letter, and that you do, from Time to Time transmit to me, for His Majesty's Information, exact Accounts of whatever shall happen within your Government, in an Affair which The King considers to be of the highest Importance to the Commercial Interest of His Subjects, & the Improvement of the Publick Revenue. You will likewise impart to me, for the King's Approbation such further Hints as may occur to you, as proper for the Subject.

I must also inform you, that His Majesty's Resolu- tion to have the most implicit Obedience paid to these his Commands, is so fixed, that as, on the one Hand, your particular Diligence, & Attention in the Perform- ance of your Duty herein, will not fail to recommend you to His Majesty's Royal Favour; so, on the other it is incumbent on me to acquaint you, that The King will

THE COLDEN PAPERS— 1761-1764 225

not pass over unnoticed any Negligence or Relaxation, on the Part of any Persons employed in His Service, in a Matter, on which His Majesty lays so much Stress, and in which the fair Trade of all His Faithful Subjects is so essentially interested.

I am, with great Truth and Regard, Sir, Your most obedient humble Servant

Egremont

Gov1" of New York [Indorsed] Earl of Egremont

From Sir William Johnson

Johnson Hall July 13th 1763 Dear Sh- it gave me great satisfaction to hear of your enter- ing again upon the Administration with which I was only acquainted the day before the receipt of your kind favour ofye2d.

The present unhappy troubles in which ye Western Inds &ca have involved Us, have been some time a brew- ing, and have been greatly occasioned by their meeting with much neglect & receiving few or no favours from Us, for permitting us to Occupy the Several Out Posts in their Country, for which toleration, as well as on other Acctts they were always well treated and largely rewarded by the French, the Indians were likewise not a little Jealous at our keeping up & erecting several places for which they apprehended we had no occasion, unless to forward some designs against themselves, and as they are naturally of a disposition wh renders them verry suspi- cious, as well as spurred by the French, Several of whom have lately been sent among them from the Govr of New Orleans, they were readily induced to commence Hostili- ties.

On receipt of the first Intelligence of their cutting of our People & some out Posts, I sent several Messages to

226 THE GOLDEN PAPERS— 1761-1764

the Six Nations which have been of ye greatest Service, & lately I Judged it necessary to call them to a Meeting at ye German Flatts, that I might settle ye minds of the Wavering, & secure them to our Interest at least so far as to keep them Neuter, to which meeting they are now on their way, and I purpose setting out for ye place ap- pointed tomorrow Morning. On the first Alarm I Issued the necessary Orders to the Militia, wh were to provide themselves with Sufficient Ammunition & Arms, so as to be in readiness when called upon, I am sorry to say they are but verry 111 provided particularly with Ammunition, it being a verry dear & Scarce Article here and many so poor they are not able to purchase it which I think ought to be considered by the Government

I have also had the Militia in Arms, and got about 50 Volunteers to go up to the Posts, but several of them I understand have deserted, on hearing they were to be sent to Detroit &ca. Be assured Sir I shall on everry occasion continue to Issue such farther Orders as may appear necessary, and take everry other Step in my power wh can possibly appear requisite for ye good of the Serv- ice, and the protection of the Country, the Inhabitants of which are in a great panick & only induced to stay by my encouragement & Example.

The Senecas (Who have long been much under the French direction, from their vicinity to Niagra &c) and of whose attachment to us I long doubted, have at length declared themselves against us, as I lately heard, and have taken Venango Fort, but the rest have refused their Solicitations, & them of the Western Indians. As soon as I return from the conference, wh I expect will be within a Week, I shall do myself the pleasure of acquainting you with the result thereof. I am verry heartily glad you enjoy your Health, and most cordially wish you a long continuance of the same as also of the administration being with much sincerity & respect Dear Sir Your most obedient Humble Servant m, „,,,.,, ^ Wm. Johnson

The Honble Lieu1 Govr Colden

THE COLDEN PAPERS— 1761-1764 227

From Gen. Jeffery Amherst

New York 19th July 1763 Sir,

Colonel Bradstreet, the Dep: Qrmaster General at Albany, having some time since, Represented to me that the Corporation of the City of Albany, had, in a Riotous manner, pulled down the Fences which had been Erected to Secure the Provision Storehouses belonging to the King, near that Town Aliedging that the Ground on which the said Storehouses Stand, belong to the Corpora- tion ; I Acquainted the Colonel by Letter, that as I would willingly Avoid Disputes, provided the King's Service could be Carried on without, I Expected the Mayor would put an Effectual Stop to Everything that Appeared like an Opposition, or Obstruction to the Service ; and that as the Fences were absolutely Necessary for the Preserva- tion of the Storehouses, I must Insist on their remaining so long as His Majesty's Service Required their Use.

I Had Flattered Myself that this Letter would have had the Desired Effect ; But contrary to my Expectations, I Learnt from Colonel Bradstreet, that the Mayor did not pay the Regard to it that I was in hopes he would have Done; and on the 9th Instant, I Received a Letter from Colonel Bradstreet, Acquainting me that he had been Served with a Writ, on a Claim Grounded by the Elders & Deacons of the Dutch Church at Albany, for the Use of the Ground, on which Fort Orange & its out Works stood, and for Building two Sheds thereon to Build Boats in, & to Secure His Majesty's Provisions; Likewise for the Pasture Joyning the Same, & Extending to the Ferry House.

I Have Endeavored to Compromise this Affair Like- wise, as I am much Averse to Law Suits; But the Prose- cutors being Determined to Carry it on, I must Request You will be pleased to Direct the Attorney General to Defend the Suit, on Behalf of the Crown, as well as to Prosecute the Corporation of Albany for Cutting down

228 THE COLDEN PAPERS-1761-1764

His Majesty's Fence, there being great Reason to think, as I have been told, that the Lands in Question are really the property of the Crown, the Charter by which the Cor- poration, Elders, and Deacons, &ca hold the said Lands, being Doubtfull.

I am, with great Regard, Sir, Your most Obedient Humble Servant

Jeff. Amherst.

The Honorable )

L* Governor Colden f

From Sir William Johnson

Johnson Hall July 25th 1763 Dear Sir

Since my last of the 13th instant I have had a Meeting with the Chiefs &c to the amount of 340 of all the Nations (Except the Senecas) at the German flatts, from whence I returned on the 23d

The Congress lasted some days, but my present hurry accompanied with many alarms will not permit my giving a recital of the proceedings, I must therefore only observe in General, that the Indians of the five Nations who at- tended the Conference Expressed their resolutions in the warmest terms for continuing peaceable and well dis- posed towards us. Imputed the behaviour of the West- ern Indians, partly to belts, and speeches left amongst them by the French to instigate them to defend their liberties, and partly to our cool Treatment and the many posts we occupied thro' out their Country. They then assured me of their intentions to bring the Senecas to reason, or otherwise to Quarrell with them, and after say- ing much on the article of Trade and the number of our posts concluded with representing that the Senecas held one end of the chain of Friendship and the Mohocks the other, That one end was already gone & that the other must follow unless the English did the Mohocks justice concerning their lands, but particularly the disputed tract

THE COLDEN PAPERS— 1761-1764 229

at Conajoharee, which they insisted on having restored to the Indians.

My Speech to them was pretty full, and my answer on the subject of the Lands, was, that I should again lay the matter before those in power who I doubted not would take some measures for satisfying them

You have certainly heard that nothing was done in the late Trial at Common law, A patent being in that Court a Sufficient title however fraudulently obtained. This has enraged the Indns. to the greatest degree and by the insinuation of Klock (who had acted with such artifice that he was not convicted of making them drunk) they are now divided into parties. Several of them would not attend the Conference, & their whole time is spent in quarrelling to the prejudice of his Majestys service at this Juncture, & the great Terror and risque of all the White Inhabitants in any wise concerned

Instead of a Stop being put thereto it seems to en- crease, by the notorious falsehoods, with which he sets them by the Ears, and in order to maintain his party, they are eternally drunk at his House, of which I was a Witness having lodged a few nights ago at his Brother's House within 100 yards of his where by their Singing dancing & other noise I was disturbed during the whole night, in this State all the Neighbours say they have been ever since the Tryal.

Notwithstanding there are more notorious villainies laid to him than can well be conceived, and notwithstand- ing the iniquity of the whole affair, I plainly perceive that at Common law where they stick to Letter, and Word, the Inds may Expect little redress. I must therefore take other imediate measures till I hear from England, in order to punish the Author of all this disturbance. I should therefore be glad you could point out somewhat effectual to that purpose, but if nothing can be done in the civil way, the Safety of his Majestys Subjects, and the great consequence which the unanimity of the Mohocks must be of at this Juncture, requires his Coming under the

230 THE COLDEN PAPERS— 1761-1764

cognizance of the Military as an Enemy and disturber of his Majestys Service

I have already sent out two parties of Indians on serv- ice, and hope shortly to be able to procure more, pro- vided the Indians meet with Justice, and good Treatment

Yesterday I received an Express with Intelligence that the Enemy Indians were on their way to cut off the Mohock River, on which I ordered up the Militia in these parts and, very early this Morning a Second Express arrived with news that they were near that place, I have thereupon ordered up part of the first Battn to Schenec- tady for the defence of the River Settlements in the absence of those gone to the frontiers

As I had but just recovered from a dangerous fit of illness when I went to the Congress, and am at present very unwell & eternally plagued with Indn$. from all Quarters, I am as yet unable to set out for the flatts in person, but I shall do so at any rate, as soon as I possibly can, if it appears necessary. I cannot but think that the Case of the Militia on this frontier Is peculiarly hard, they being necessitated to leave their harvest, and go on every alarming intelligence to the distant settlements, and as these alarms are often repeated before the blow is Struck, the time of which can never be certainly known, their Marches must of necessity become more frequent, and render it worthy your attention and that of the Legislature to consider their Expence and losses on these occasions, and make them an allowance for the same which will encourage them to a good performance of their duty on a Frontier the Safety of which is of so much consequence and advantage to the rest of the Province

I must farther observe that the Albany Troop of Horse being very distant is never up in any Sufficient time. I am therefore of opinion a Troop to be formed out of the 2d Battn. at and near Schenectady might be of some Service, as would also the forming two Companies of Grenadiers, one for each Battallion, to be composed rather of the best men than the tallest and to consist of such persons as might be depended upon, be-

THE COLDEN PAPERS— 1761-1764 231

yond the Generality of the people whose hearts are always at home.

I think some such might be procured, and might do good Service. If you approve therefore of my proposal, I shall take the liberty of recommending to you such per- sons as I know to be most fitting to command them. Neither can I conclude without observing that an Adju- tant would be on many accounts, a very usefull person for the Regiment

On these several heads I must request the favour of your Answer as soon as convenient, and I beg you will believe, me to be with the utmost Sincerity, Dear Sir, Your most obedient & verry Humble Servant

Wm. Johnson P.S.

I must repeat my former representation of the poverty, of many of the Inhabit3 & their incapacity to procure either Arms or Ammunition. The latter is scarcely to be had at any price The Honble Lieut. Govr Golden

Sir William Johnson's Orders to Lieut-Col. Van der

Heyden

[Copy by H. V. Schaack]

On receiving several Expresses with Intilligence that the Enemy Indians to a large Number are on their Way to the German Matts on which account I have sent up all the Companys on the Mohawk River to the support of that settlement & the Frontiers, you are therefore hereby order'd to march with 5 of the most compleat Companies in and about the City of Albany immediately to Schenactady for the support & defence of that part of the Country and the Mohawk River, as occasion may require ordering the five Companys to be replaced by five others from the lower or more distant part of Country,

VOL. VI

232 THE COLDEN PAPERS-1761-1764

and after your arrival at Schenactady you are there to waite such further orders as you may receive from me for the good of the service and protection of the Country. Given under my hand at Johnson Hall, July 25, 1763. 7 in the Morning

To Leiut. Colo: Van Der Heyden comanding the first Batt. of the Militia for the County of Albany

I just now obtained a sight of Sr Wm Johnsons orders which I have only time to Copy for you. Be kind enough to communicate this to my friend Dr Barr I am Dr Sir Yrs for ever

Tuesday Morning H V ScHAACK

3 o Cock [Indorsed] Copy of SR William Johnsons orders to the Militia

C

From Sir William Johnson

j, «. Johnson Hall August 10th 1763

I have had the favour of your letter of ye 28th Ult°., and am glad to find you concurr with what I laid before You.

No doubt the attention of ye Ministry hath been Suffi- ciently taken up for sometime, but the Neglect towards ye Indians is of a long standing, and as I cannot but attribute the present Hostilities in a great measure thereto, I am hopefull such measures will for the future be taken, as may secure the fidelity of all the Friendly Nations. The Step you propose in the Conajoharey affair of a prosecution from his Majesty is what I have been thinking of, but the distance & time wh must elapse before the receipt of an Answer, renders it extremely nec- essary, that any attempts to dispossess the Indians should be put a stop to, until his Majestys pleasure be known therein, without which precaution, the Divisions between

THE COLDEN PAPERS— 1761-1764 233

the Whites and Indians, as well as amongst the latter will encrease, not only to the great hazard of the Inhabit- ants, but to the prejudice of his Majestys Service at this Juncture.

With regard to the Militia Act of 1755, wh I should be glad to know if still subsisting, there are severall Mat- ters thereby enacted which from the levelling Sentiments of the People & the equality in point of condition be- tween officers & Men are never put in full force altho highly necessary and as the Militia of this County are from their Numbers of great consequence, & from their scituation must be always on a much more regulated es- tablishment than that of the Countys below them, I think it would be highly expedient to have several additions made to the Act, and amongst others, that by reason of the time which will be lost, & the many difficulties wh will arise at a Court Martial, consisting of such Persons as are generally in Commission, especially till Articles of War are established, Persons takeing revenge for any- thing done by their officer, or affronting him in discharge of his Duty, should be liable to a severe fine. Field offi- cers & captns £100, Subalterns £50, Non commissioned officers & Privates £25 to be levied by Warrant from the Co11 or commanding officer of ye Regim1 this, and this only will induce the officers to discharge their Dutys, as at present they are deterred therefrom, by reason of ye great equality amongst them, and the dread of being in- sulted. Also that ye Fines on the Co11 for neglecting to fine as in the Act mentioned, as well as on the Capts be augmented, £5 being too trifleing a Sum in my opinion for such neglect, and by a due observance of the sevr1 Fines they may be made to serve verry good purposes, such as Supplying the poor with Arms & Amunition, and several other Uses, the Fines generally falling on Persons easy in their Circumstances and also that the Co11 or officer Commanding the Regiment shall as occasion may require be enabled & impowered to order such Scouts as he may Judge necessary for the safety of the Frontiers, and the procureing Intelligence.

234 THE COLDEN PAPERS— 1761-1764

For the more expeditions compleating the 2 Com- panys of Grenadiers, and a Troop of Horse, I should be glad the Commissions were transmitted Blank, in which case, busy as I am, I shall make a Tour to Albany, con- sult the Feild Officers, & make the strictest Enquiry pos- sible into the Characters of Persons there, as well, as in & about Schenectady, & after I have made such a Choice of Officers as I think will prove agreable & be fittest for ye Service, I will fill up their Names & transmit them to you, I shall also speedily recommend officers to supply the Vacancys thro' out the Regiment, of which there are a good many at present

In some of the Southern Governments there is an Annual Salary allowed to an Adjutant, and I think it verry reasonable & necesary, but least that should not be approved of Lieut. Guy Johnson has offered to accept of that Commission, and his knowledge of, & being in the Regular Service will I am certain enable him to discharge it properly. I should therefore be glad to have his Com- mission accordingly, as Adjutant to ye Regm* of Militia of the County of Albany, with the Rank of Captain therein.

So soon as I am favoured with the Commissions, & have made the proper Choices, I shall imediately acquaint you therewith and you may rely on my best endeavours for ye publick Service, as well as on the Candour, and sincerity with which I am

Dear Sir Your most Obedient & most Humble Servant

The HonrMe Wm. JOHNSON

Lieut Govr Colden

From Gen. Jeffery Amherst

New York 18th August 1763 Sir,

I Have Just now Received the Favor of your Letter

of the 15th Representing the Case of Christopher Blun-

del, the Storekeeper in Fort George, whose Salary, so far

THE COLDEN PAPERS— 1761-1764 235

as it Depends on the New York Independent Companys, must, by their being Disbanded, Cease.

I Expect very soon to be Honored with His Majesty's Commands for the New arrangement that will take place in this Country; and should it then be in my power to provide for this Man, I shall certainly Do it; But should it happen Otherwise, All I can Do is to Represent his Case to the Secretary at War, for his Consideration; for there is no Doubt but that the Salary he Drew from the Independent Companys, Ceases by their Reduction.

I am with great Regard, Sir, Your most Obedient Humble Servant

The Honble | JEFF AMHERST

L* Govr Golden

From Sir William Johnson

Johnson Hall 31st Aug81 1763 Dear Sir

Mr John Hansen of Albany who will have the honour of delivering you this letter, has been recommended to me by some of the most considerable People in that City, to use my endeavours, for procuring him ye office of Sherriff for the same. As I look upon him to be a Gentle- man verry well qualified for that employment, I have therefore taken the liberty of recommending him to your notice, and it will much oblidge me if you ca[n serve], him therein, with any propriety.

I wrote you concerning the Commissions &ca and on other Subjects the 10th of this Ins\ which letter I hope you received, and you may be assured I shall be always happy in hearing of your Health & Happiness, as I am with real sincerity Dear Sir Your most Obedient & most Humble Servant

The HonrWe Wm. JOHNSON

Lieut. Govr Golden

236 THE COLDEN PAPERS-1761-1764

From Earl of Halifax

Whitehall [London, Eng.] 5th September 1763 Sir,

It having been represented to The King, that on the 29th Day of July last, a Quarrel happened in the Province of New York between Mr Forcey, and Mr Waddell Cun- ningham, two Merchants of that Place, and that Mr For- cey having first struck Mr Cunningham he thereupon drew his Sword and stabbed Mr Forcey; and for which Mr Cunningham will consequently take his Trial there, if Mr Forcey should dye of his Wounds; I am commanded to signify to you His Majesty's Pleasure that you cause a Report to be made to His Majesty of Mr Cunningham's Trial, in case he should be convicted, and that you do in the meantime cause his Judgment and Execution to be respited till His Majesty's Pleasure shall be known thereupon.

I am with great Truth and Regard, Sir, Your most obedient humble Servant

Dunk Halifax

To the Governor, and in his absence to the Lieutenant Governor, or Commander in Chief of His Majesty's Province of New York.

[Indorsed] Secretary of States Letter, signifying his M. Pleasure that Mr Cuningham should be Repreived.

From Sir William Johnson

Johnson Hall Septr 20th 1763 Dear Sir

I had the pleasure of writing you the 10th of August last, and also since by Mr Hansen both which I hope you received; the former of which being concerning the ap- pointments for the Militia &ca I should be glad to hear from you on, as soon as convenient. The Militia being

THE COLDEN PAPERS— 1761-1764 237

at present in some confusion thro' the want of the Offi- cers and Regulations which I proposed, as well as from the many Vacancies now in the Regiment.

The Bearer Hendrick Wamash a Wappinger with three other Indians now wait upon you concerning a land affair at the Fish-kills, with which they tell me you are somewhat acquainted, and for part of which Lands they were never paid: The partners are several, but for your farther information I enclose you a Letter from Mrs. Brett who is one of them to me last Year when at Easton, and I submit the affair to your consideration.

The Indians of the six Nations, as also Susquehannas and those of Caghnawaga in Canada have just left this having had several Conferences which gave me sufficient Employment for this fortnight past. They have renewed all their Engagements, and behaved Extremely well, they inform me they have brought the two first Seneca Castles to reason as a proof of which they were accompanied by Six of that Nation, and are in hopes of bringing over the rest. The Caghnawaga^ having intimated their desire to fall upon our Enemies, I have accordingly given them the Hatchet, and I flatter myself they will prove very usefull to us as will the 5 Nations & many others if we treat them well & give them Encouragement

I hope to be enabled to write you more fully in my Next, and in the meantime remain,

Dear Sir with the greatest Sincerity & regard Your most Obedient & Most Humble Servant

Wm. Johnson

The HonrMe Lieut. Govr Golden

From Gov. Montagu Wilmot

Halifax Nova Scotia 6th October 1763 Sir,

His Majesty having been pleased to appoint me Lieu- tenant Governor of this Province, I have accordingly

238 THE COLDEN PAPERS-1761-1764

taken on me the Administration of the Government ; and shall be happy in every opportunity which may offer of concurring with you for promoting His Majesty's Service. I am Sir

Your most obedient & most Humble Servant tt L, T * ^ M. Wilmot

The Honorable Lieu1 Governor Colden

From Earl of Halifax

S1 James's [London, Eng.] October 9th 1763. Sir,

His Majesty being informed by Dispatches lately received from Sir Jeffery Amherst, Commander in Chief of His Forces in North America, that the Insurrections of the Indian Nations, which have for some Time been increasing, now bear the Appearance of becoming general, has judged it necessary to require the Assistance of such of His Colonies, as are most interested by Their Situa- tion, or most able, by Their Circumstances to contribute to the general Purposes of Defence, and of Annoyance of the Savages, in order to put the most speedy End to the great Mischiefs of which this extensive & most bar- barous State of War is productive. I am therefore, to sig- nify to you His Majesty's Pleasure that you earnestly recommend it, in His Majesty's Name, to the General Assembly of the Province under your Government, forth- with to make Provision for enabling You to call out a sufficient Number of the Militia, or to raise such a rea- sonable Number of Troops as from the actual State of the Indian War, Sir Jeffery Amherst shall think neces- sary, & to employ them not only in defending and pro- tecting the Lives & Properties of His Majesty's Subjects on the Frontiers of Your Government, but, also in acting offensively against the Indians, at such Places, & in such Maimer, as the said Commander in Chief shall judge proper to direct.

THE COLDEN PAPERS— 1761-1764 239

And His Majesty trusts, that the Legislature of your Government, from their Zeal & Affection for His Service, as well as from a just Regard to the Safety and Welfare of the Colony, will readily and chearfully concur in ex- erting themselves upon this important Occasion, to the End that His Majesty's Subjects in North America may peaceably enjoy the Fruits of the many glorious Suc- cesses obtained there by His Majesty's victorious Arms during the late War, & the extensive Advantages secured to Them by the late Peace.

I am with great Truth and Regard, Sir,

Your most obedient humble Servant

[Indorsed] DUNK HALIFAX

Letter from the Secretary of State

to raise Troops to act offensively against

the Indian Enemy.

9 January 1764 Read in Council.

From Sir William Johnson

Johnson Hall, Octbr 13th 1763 Dear Sir

I have Just received an Accu that a considerable Body of Indians from the Ohio, & the Senecas Country are Assembling on the Susquehana below Wioming, and that they are destined to fall, either on Shamokin, Esopus, or to Cut of the Mohawk River from Schenectady upwards. The first of these places is capable of making a Defence, but I can see little to prevent their success against the two latter, particularly in these parts from the bad state of the Militia, and the great want of Amunition &ca.

I have acquainted Co" Hardenbergh of ye danger of the Settlement of Esopus, and as I have no doubt that one of these Designs will be put in imediate Execution, must beg the favour of hearing from you thereon, as also of your Answer to mine of the 10th of August last con- cerning the Vacancies & Additions necessary for this Regiment. In the meantime I shall take everry effectual

240 THE COLDEN PAPERS— 1761-1764

measure for the obtaining the necessary intelligence, on which the safety of this important Frontier must chiefly depend, and on Warning of the Enemys Approach, shall make the best Disposition the nature of the Country will admit of.

The many Successes of our Enemies together with their large Numbers may prove of dangerous consequence by influencing our Friends to Join them thro fear of their power vicinity & resentment, especially as we are not able to afford them the assistance which Allies should require, but I shall continue to use all my endeavours to prevent a Defection which as Matters now stand must prove y6 destruction of this Country, as well as cutt of so essential a Communication to the Lakes. I hope to have the pleas- ure of your Answer and I am with great Sincerity & Esteem

Dear Sir Your hearty Welwisher & most Humble Servant

Wm. Johnson

The HonrMe

Lieu1 Govr Colden

From Admiral Alexander Colvill, Admiral of North America Station

Romney in Halifax Harbour the 14 October 1763 Sir

Yesterday I arrived at Halifax, in the Romney of fifty Guns, in consequence of my being appointed Com- mander in Chief of his Majesty's ships stationed on the Coasts of North America from the River S* Lawrence to Cape Florida and the Bahama Islands. All the Ships of my Squadron sailed from England at different times dur- ing the past Summer. Each Captain has a Set of In- structions from the Lords Commissioners of the Admir- alty for his Guidance, which he is directed to communi- cate to the Governour and Council of the Province where he is stationed. The inclosed Letters contain some other

THE COLDEN PAPERS— 1761-1764 241

Instructions, which I find it necessary to give the Cap- tains in addition to those they have already received. I take the Liberty of sending them in this manner because no other method offers, and I beg the favour of your Excellency to forward them as soon as possible. I am Sir

Your most obedient humble Servant

Colvill

The Honble Lieut. Governour Golden [Indorsed] Lord Colvill.

From Gen. Jeffery Amherst

New York, 27th Octor 1763 Sir,

At a Meeting which I had with Sir Wm Johnson at Albany (from whence I am Just Returned) to Concert the properest Methods to be Taken for the Security of the Country, in the present Insurrection of the Indians, it Appeared to Us Impracticable to Pursue any further Of- fensive Operations during the Winter than what have been already Ordered; But that it would be absolutely Necessary to Arm the Militia, & to Send out Scouts oc- casionally in Snow Shoes, so as to Prevent any of the Frontier Settlements from being Surprised, or Cutt off by any of the Enemy Indians that might Venture to Attack them: Sir William, at the same time, Promising to Use his utmost Endeavors, not only to Keep the Five Nations Quiet, but to Engage some Partys to Joyn with the Militia, should there be any Occasion for them. These Measures, I Trust, are the most Effectual to Secure the Inhabited Country, altho' it certainly may be in the Power of the Savages to Do great Mischief on many Parts of the Frontiers, before the Season will Permit the Putting in Execution such a Plan as may be Judged Proper & Practicable, for Carrying the Operations into the Heart of the Enemy's Settlements, & Punishing them

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with that Rigour which their Perfidious Treachery so Justly Deserves.

I Must however Represent to You, that Sir William Johnson Assured me the Militia in General were in Want of Powder & Lead; and that without a timely Supply of these Articles, it would be Impossible for them to Act Even in a Defensive manner: This I Doubt not but You will Immediately Remedy, and Likewise Send the Neces- sary Orders to the Commanding Officers for their being at all times in Readiness to Protect the Settlements, as well as to Send out Scouts, when Judged Necessary: Sir Wm also observed that there were Several Vacancys, which, on this Occasion, ought to be Immediately Filled up.

I Cannot help mentioning to You, that the Fort at Albany seems to be in a Ruinous state; the Inside being Wood, is mouldering away, & without some Repairs in time, will soon be totally Decayed : As it will be a Saving in point of Expence to Repair the Fort before it is too much Decayed, I Doubt not but You will think it Ad- viseable to make Application to Your Council and As- sembly to Enable you to Effect this Service which Nat- urally ought to Fall upon the Province, & now that the Number of Regular Troops is so greatly Thinned, can- not be Executed by Me.

I am, with great Regard, Sir,

Your most obedient Humble Servant

Jeff. Amherst

The Honble

L* Governor Colden

The King vs John Peter se Smith

NEW YORK SUPREME COURT of the Term of October in the Third and Fourth Years of the Reign of our Sovereign Lord King George the Third. Orange County, ss Be it remembred That John Tabor Kempe, Esquire, Attorney General of our Sovereign Lord

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the Now King for the Province of New York who for our Said Lord the King prosecutes comes here into the Su- preme Court of our Said Lord the King for the Province of New York at the City of New York the Twentyninth day of October in this Same Term in his own proper Person, and for our Said Lord the King giveth the Court here to understand and be Informed That Whereas by an Act of the Governor the Council and the General Assem- bly of the colony of New York Made Passed & Pub- lished at the City and County of New York on the Twen- ty Ninth day of November in the Nineteenth Year of the Reign of our Late Sovereign Lord George the Second and in the Year of our Lord one Thousand Seven Hundred and Forty five Entitled an Act to make it Felony without Benefit of Clergy to Counterfeit any Spanish French or Portuguese Gold or Silver within this Colony, Reciting as therein it is recited it was Enacted by his Excellency the Governor the Council and the General Assembly and it was thereby Enacted by the Authority of the Same That any Person or Persons that Should there after be found guilty of counterfeiting any of the French Spanish or Portuguese gold Coins or Spanish Pieces of Eight or any other Spanish Silver money or Should pass any Such gold or Silver coin Knowing the same to be counterfeit Should for Such offence being thereof convicted Suffer the Pains and Penalty of Death without the Benefit of Clergy as in cases of Felony any Law, Usage or Custom to the contrary notwithstanding as by the Same Act of the Gov- ernor the Council and General Assembly recourse being thereunto had may more fully appear, And the Said Attorney general of our Said Lord the King being Present here in Court in his own Proper Person as aforesaid for our Said Lord the King Giveth the Court here further to Understand and be Informed that after the Making Passing and Publishing the Said Act, to Wit on the last Tuesday in April now last past That is to Say on Tues- day the Twenty Sixth day of April in the Third Year of the Reign of our Sovereign Lord George the Third Now King of Great Britain &ca at the General Sessions of the

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Peace of our Said Lord the King held for the county of Orange at Orange Town in the same county of Orange before Abraham Haring Esquire and others his fellows Justices of our Said Lord the King assigned to Keep the Peace and also to hear and determine divers Felonies Trespasses and other Misdeeds In the same County of Orange done and committed by the Oath of Twelve Ju- rors good and Lawfull Men of the Body of the County of Orange aforesaid who were then and there Sworn and Charged to Enquire for our Said Lord the King and the Body of the County of Orange aforesaid, one James Campbell of the Town of Orange in the Said County of Orange Yeoman was Presented and Indited for Counter- feiting Several Spanish Milled Dollars and other Spanish Silver Money The Said Milled Dollars being Spanish Pieces of Eight at Orange Town aforesaid in the Said County of Orange on the first day of May in the Year of Our Lord one Thousand Seven Hundred and Sixty Two, And the Said Attorney General of our Said Lord the King being present here in Court in his own proper person as aforesaid for our Said Lord the King giveth the Court here further to Understand and be Informed that John Peterse Smith of Orange Town aforesaid in the Said County of Orange Yeoman well Knowing the prem- ices and devising and practising, and falsly unlawfully unjustly & wickedly Intending to hide the Said James Campbell, and him the Said James Campbell from the Process of Law for the Offences aforesaid to Conceal, and to render the Process of Law against him the Said James for the offence aforesaid of no Effect on the Eighteenth day of May in the Third Year of the Reign of our Said Sovereign Lord George the Third now King of Great Britain &c with Force and Arms at Orange Town afore- said in the Said county of Orange, Did in pursuance of Such his wicked Designs and Intentions Unlawfully Wickedly and Knowingly Secrete Conceal Harbour Assist Support and Comfort him the Said James Campbell, In contempt of our Said Lord the King and his Laws to the Manifest hindrance of Justice to the most Evil Example

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of all others in like case offending and against the Peace of our Said Lord the King his Crown and Dignity whereof the Said Attorney General of our Said Lord the King for the Same Lord the King prayeth the Advise of the court here in the premises, and due process of Law against him the Said John Peterse Smith in this Behalf to be made to answer to our Said Lord the King of and in the Premises

J. T. Kempe Read and filed 29 Octr 1763 Attorney General

[Indorsed] Octr Term 1763

The King

vs John Peterse Smith fo. 12

Information for ^harbouring a man

charged with Felony J

From Sir William Johnson

■p gir Johnson Hall Novbr 4th 1763

I have had the pleasure of your Letters of the 8th and 24th Lit0 and shall on any farther application from Hen- drick Wamash give you notice thereof in writeing, nor would I by any means chuse that you should incurr any expense with Indians. I recollect that one Marjery West was formerly given up to me by some Delawares & prob- ably some of these Indians might have been concerned in making her Prisoner, but I apprehend that is imma- terial, as the Delawares had been concerned ag8* Us, and since made Peace, wh some few of them strictly adhere to.

I shall not fail to inform you from time to time of any Intelligence worth communicating, and I shall, as occasion may require, give Notice to the other Colonels for the Public Safety for wh Service Expresses should be allowed.

Yesterday I received a letter by Express from the Mayor of Albany acquainting me that 3 Chenussio In- dians were arrived there (as they said) to trade and he therefore desired my advice what was best to be done with them, I have given him my opinion that the getting

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some of our Enemies Prisoners may probably tye up the rest of y* Nation from acting agst us, but I apprehend that three are too few to effect that End, and may only draw their resentment on this River hitherto unattacked.

I have received Captn Johnsons & three Blank Com- missions the latter shall be imediately filled with those best qualified for the Service, & their Names transmitted to be entered in the Secretarys office, two of these Com- missions I intend for Capts of Grenadiers one to each Battallion, & the other for a Troop of light Horse for the Second Battallion.

As to that Troop it can be imediately formed from the Inhabitants in and about Schenectady, and will easily be filled by Volunteers to the amount of 60 Men which I apprehend will be Sufficient with a Cap1, 2 Lieut8 a Cor- net, & Quarter Master, and that they Should be con- sidered as light Horse or Dragoons which are a much more Serviceable Corps in this Country than Horse, who never dismount, I shall in a Day or two go to Schenec- tady & Albany & shall then fill up the Captaincy for the Troop, the Regulation for which will I hope meet with your approbation, and as the Companies are now much larger than formerly, I can easily without distressing or reduceing them too low, form the Troop & two Com- panies of Grenadiers from Volunteers out of each Bat- tallion, and I hope that the additional Companies and Troop, as they will cause an emulation in the Men be- longing to each will prove a ready & Serviceable Body.

As the Setting of the Assembly is now shortly to take place, I believe you will be of opinion as I mentioned in my letter of August last, that there may be several ex- planations & additions necessary to render the Service of the Militia more effectual, particularly in this County which is so extensive & important a Frontier.

In the first place it may be necessary that the 2 Com- panys of Grenadiers, Troop of Horse their Accoutrements Regimentals &ca and the Adjutancy be confirmed by a Clause in the Act, but this I must Submit to your Judg- ment. Also as you well know the levelling footing on

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which the People are here, and the fears the officers are under of executeing their trust in a becomeing manner, least they should afterwards incurr the resentment of their inferiors in office, that until articles of War be made & established, such offenders be punishable by Fines to be levied by Warrant as for other offences, and that these fines be made Sufficient to deter any Persons from offer- ring any abuse or affront to their Superiors for their dis- charging their Duty, this is in my opinion the only ef- fectual way to encourage the officers to act in a become- ing manner in this County.

The articles of War should certainly be settled as soon as possible for the holding general Courts Martial, and also a power given to hold Regimental Courts Mar- tial, to consist of a President & 4 Members, the President not under the Degree of a Captain &ca. and the Sentence to be transmitted to the Co1L or officer commanding the Regiment who should be empowered to put the same into execution. That the Regiment be at least annually exer- cised by the adjutant by Order of the Colonel, or so often as the Commander in Chief shall direct, the Exercise for the Militia may consist of a few Motions, and the man- ner of forming, releiveing Marching &ca for which it would be necessary they had also a Drill Serjant or Cor- poral to Each Battallion with an Allowance as is made for the Drums &ca by the former Act, and that this be continued at least for some time, as I beleive there will be always occasion for having a good Body of disciplined men on these Frontiers. These few additions or any others which may occur to you will tend much to the honour of the Province, and prove a means of establish- ing a respectable body of Men for the protection thereof, as also create a better opinion of Us in the Minds of the Indians than they have hitherto entertained. I take the liberty therefore of Submitting them to your considera- tion and I hope they may coincide with your Sentiments on that important Subject.

I had a short Meeting with Sir Jeffery Amherst a few days ago at Albany, when he was pleased to agree in

248 THE COLDEN PAPERS— 1761-1764

many Sentiments with me on the present Hostilities. I also recommended to him ye raising of three Ranging Companys wh I undertook to raise imediately for the Security of these Frontiers, but it was not thought ad- viseable, as He informed me he expected some Troops from Hallifax & Pensicola imediately, however they must be a meer handfull. neither can they be so well calculated for so necessary a Service, as the Woodsmen of this Coun- try Joined by trusty Indians whom I should readily provide perhaps the Assembly might approve of such a proposal.

By a Letter I have Just received from the Lords of Trade, they express his Majestys inclinations to have Indian Affairs transacted on the most regular & extensive Plan, and the freindly Indians redressed in any Matters of Greiviance of wb there are many, and! am hopefull that the alarm which these cruel Hostilities cause will occasion Such Steps as may in a great measure prevent the like for the future.

On my recommending it, the Inhabitants of this River &ca have erected several stockadoed Forts round their Houses, wh may serve as a Check to an Enemy, and a Security for the Women Children & those unable to March on an Alarm, & on my return from Albany I shall review the Second Battallion at Conajohare wh will be of Service at this Juncture after which I shall do myself the pleasure of writeing to you further, & transmitting the officers Names. I am with perfect Esteem Dear Sir Your most Obedient and Most Humble Servant

The Honbie Wm JOHNSON

Lieut. Govr Colden

From Gen. Thomas Gage

g. New York, Novembr 28th 1763

I am just favored with your Letter of this date, inclos- ing printed Copys of Sir Jeffery Amherst's Letter to you,

THE COLDEN PAPERS— 1761-1764 249

of the 30th of October last, requiring an Aid from this province of Fourteen Hundred Men, for the Service therein mentioned, Your Speech to the Assembly there- upon, with the Assembly's Address and Resolves.

As Sir Jeffry Amherst had made a Requisition of the like nature, on the Government of New Jersey, the As- sembly of which province is now sitting, I may soon ex- pect a Letter from Governor Franklin to inform Me of the Resolves of that Assembly. And as soon as I receive it, I shall not fail, agreable to the desires of the As- sembly of New York to make a demand on the New England provinces, for their Quotas of the number of Men. judged necessary for the Service of the insuing Spring.

In the mean time, I should be glad that the Three Hundred Men, which Your Assembly have agreed to raise, for keeping open the Communication between Al- bany and Oswego, were compleated as soon as possible, as the seeing a force march towards their Country, might check the Indians, in any design they may have formed of molesting the Frontiers, on that Side, during the Winter & may prevent many Savages, who have not yet declared themselves, from breaking out against Us.

I am Sir with great Regard Your most Obedient and most Humble Servant,

The Honorable Governor Coldbn Th0S ^AGE

David C olden to William Johnson [Copy]

Sir N. Y. Novr 30th 1763

The candor & ingenuity with which you inquire into the Causes of Electrical Phenomena: and that thirst for a discovery of Truth, so evident in the Conversations I have had the pleasure of holding with you on that sub- ject, and in your Letter to Mr Kinersley which you put into my hands; assures me that you will expect my

250 THE COLDEN PAPERS-1761-1764

thoughts without reserve, & that you will be pleased to have them in writing, especially if they may serve to detect our Errors, or assist in Discovering the real Cause of those curious Phenomena.

You will not doubt that I was much surprised when I heard you assert that in your Opinion there was no such thing as Electrical Repulsion: the Doctrine was so new to me, and a matter of such essential Consequence in Explaining the Phenomena, that I have paid all possible attention to your Arguments, & to the Curious Experi- ments you have shewn us in support of it; among which your 5th Exp* I know is in the Opinion of several Gen- tlemen a positive demonstrations that two bodies both Electrified either Positively or Negatively do not Repell each other. But in my Opinion this Experiment does not determine what it is supposed to do because upon a supposition that the effects are produced by Repulsion the Event must be just what we see it is. I need not repeat the apparatus for the Experiment as you will understand me sufficiently without it. When the Large Bottle filld with water is Electrified we see the Small (one which swims in it with a wire fixd in its cork and issuing above the Neck of the large bottle) takes a mo- tion upwards which you Sir say is caused by the attraction of the Air above the End of the Wire, I on the contrary think it may be caused by a Repulsion between the atmos- phere of the Wire, & the atmosphere of the uper surface of the Water on Brass Cap of the Large Bottle, and I am persuaded you will on a little Reflection see that it will as naturally follow from the one Course of the other. 2ndly When an Electrified Tin Plate is suspended over the Wire fixed in the Small Phial it neither Rises nor sinks. In your Opinion it does not Rise because the Electrified Tin Plate intercepts the attraction of the Air above, and its not sinking proves that it is not repelled by the Tin Plate, but in my opinion it does not rise because it is re- pelld by the Electrified Tin Plate, and it does not Sink because it is repelld in a contrar[y] direction & with equal force by the uper Surface of the Electrified Water or Brass

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Cap of the Bottle which cause I suppose made it rise in the first Case, and still exists in the 2nd Case. All that I have now done if I have don anything, tends only to shew that this Experiment does not destroy the System of Electrical Repulsion, and that we are still to seek for a decisive Experiment in this Point. Such a [part miss- ing] to End, except a small bit at the upper end where the Cork ball is to be put on. By the length of the wire I propose to have the Cork ball farther from the top of the Large Bottle than the distance at which we commonly see bodies separate from each other, and by covering the wire with Wax I expect to privent the Effect of the Repellency of the Electrified water & cap of the Large Bottle while at the same time the power of attraction in the Air above, if there is any may take full effect upon the Cork ball & end of the Wire. If the Phial then fixed does not rise when the apparatus is Electrified, it will shew that the Wire or Cork ball is not attracted by the Air above, and if it should sink when the Electrified Tin Plate is sus- pended over it this will shew that the Wire Cork ball is repelld by the Plate I think it will be necessary to try whether two balls coverd with wax & suspended by flaxen threads to the Prime Conducter, will separate when that is Electrified ; if they do, the end that I propose by cover- ing the wire with wax, is not answerd & the Experiment will be as inconclusive as before ; but if they do not sep- arate I think it will be a Decisive Experiment

N.Y. Novr 30th 1763 To Mr Wm Johnson

From Gen. Thomas Gage Sir New York Decr 4th 1763

I have had the honor to receive your Letter of yester- day. As you observe, the season is now too far advanced to forward the Troops to Albany in sloops; and of Course they must march by Land ; And as it will not be possible to supply them with Provisions on their Route, They will be allowed the same Billetting money in Lieu thereof;

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as has been always practised during the late War. And every Man shall be accounted with for his Provisions, or Money in Lieu of it, from the Time of his Inlistment. I am with great Regard, Sir,

Your most obedient & most humble Servant, tt M r, r, Th°s Gage

Honble Govr Colden

From Sir William Johnson

^ fS. Johnson Hall DecbT 5th 1763

Dear Sir

I herewith enclose you a list of officers I beg leave to recommend for supplying the Vacancies in my Regiment, at the foot of which, are the Names of the Horse & Gren- adier Officers with the dates of their Commissions.

In my choice of officers I have been particularly care- full, and cheifly consulted the Feild Officers of the Regi- ment and pitched upon none, but such as are judged best qualified for the discharge of such Duty, and the publick Service.

T hope by this time some measures may be taken for rendering the Militia of this County as respectable as their Scituation and importance to this Province requires, as well as that some provision is made for supplying those with Amunition whose circumstances cannot afford to purchase it.

Some alterations correspondent wth those I took the liberty to point out in a former letter concerning the bet- ter enforceing some of the Clauses in the Militia Act, par- ticularly for the better security of the officers from the insults & resentment of their Men, are highly necessary, especially in a Country where officers are generally verry backward and afraid to make those under them do their Duty, wh is cheifly owing to the want of punishment for offenders who may abuse their Superiors, and who are at present referred to a Court Martial, which cannot sit with propriety 'till Articles of War are established. Severall Justices of the Peace in these parts being greatly at a

THE COLDEN PAPERS— 1761-1764 253

loss how to demain themselves concerning the £5 Act, and whether they are restrained thereby from interfereing in Matters concerning Lands whereby disputes & Riots are occasioned and often carried to verry dangerous lengths, I should be glad to be favoured with your opinion thereon.

There are now here upwards of 120 of the Five Na- tions, and many more hourly expected. Those present have made the most solemn Assurances of their unalter- able Attachment to the English, their intention to com- municate from time to time all intelligence of the Enemys Designs & Motions, as well as their resolution to accom- pany his Majestys Troops the ensueing Campaign, when- ever their presence may be required. The Advantages resulting from such assistance are clear to me, and must appear so to all acquainted with their abilities, and use- fullness in the Woods. I therefore spare no pains to cul- tivate this good understanding by good Treatment & favours, wh are highly essential, at a time when they are not without the strongest inducements to partake of the plunder of our Frontiers, and the greatest apprehensions of Sufferring for their Attachment to Us. I have the honour to be with all due respect Sir

Your Sincere Welwisher & most Humble Servant

Wm- Johnson

P.S. Sir I have taken the liberty to point out to you in ye enclosed paper, some things wh might escape you, and which are indispensably necessary for ye forming, and keeping compleat these two Troops of light Horse, and two Companys of Grenadiers, wh if kept in compleat order will be found a verry usefull Body of Men on any occasion, wherefore I flatter myself you will enable me to compleat them as soon as possible, Indeed ye Troop & Grenadier Compy in Schenectady are already in great forwardness by Volunteers of the best sort of People entering

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into them but least that Spirit should at any- time slacken I beleive you will Judge it best to have ye proper Regulations concerng. them & ye rest of ye Regmts. enforced by a Law of the Province

I am Sr Yrs

The Honbie W. J.

Lieu1 Govr Colden

Memorandum for Governour Colden

[December 5, 1763]

Whereas it is Judged for ye Good of his Majestys Service, and the better Security of this Frontier to add a Troop of Light Horse consisting of 70 Men to the 2d Battallion also a Company of Grenadiers to Each of them of ye same Number and as it is well known that Gren- adiers & Troopers are always composed of such Men as are not only most likely to adorn the Corps, but also Judged most fitt for actual Service when occasion may require; it is therefore highly necessary that such Troops & Companies should be formed from such Men of the other Companys as are thought realy fitt in every respect for the purposes aforesaid by the officer commanding the Regiment, or the aforesaid Corps, and in order to make the same effectual a Law should pass to establish ye Sd Companys according to the Numbers intended, and that they shall from time to time be kept compleat in Non Commissioned Officers & private Men from the other Companys as the Cap1 or officer Commanding them shall be liable to the Penalty of whatever is Judged proper if at any time Said Troops or Grenadier Compys should be found not compleat & fit for the Service intended.

And the better to enable the Co11 or Commanding Officers of Said Corps to perform what is expected of them in that case, there should be a Penalty of Ten or twenty Pounds on any refuseing to be a Non Commission Officer & in proportion for refuseing to be a Private. Each Troop to consist of a Cap1- 2 Lieuts a Cornet and Quarter Master and 70 Privates

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Grenadier Companys to consist of a Cap1- 3 Lieute., 4 Sergts- 4 Corporals, 2 Drums & 70 privates.

Their Uniforms may be left to the Co11- to save the Legislature the trouble of directing them.

Wm. Johnson

William Johnson to David Colden

Dear gr New York 7th Decemr 1763

I received your obliging and ingenious letter, which I have often read over with all the care and attention I am capable of. I thank you for the good opinion you have form'd of my candor and love of truth ; and I assure you that it affords me the highest pleasure to think that, in searching into the secret recesses of Nature, I have a person of so amiable a character with whom to converse and correspond on these subjects. And as I am confident that Truth only is the object of your inquiries, I rest satisfied that no opposition I shall make to your Opinions will be taken amiss.

Your letter contains remarks on, and objections against some of the conclusions drawn from the Experiments mentioned in my letter to the reverend Mr E. Kinnersley on electrical repulsion. You are not ignorant Sr how hard it is, if not altogether impossible, to come at uncon- trovertible principles in philosophy. The immortal Newton lays it down as a rule that "in experimental "Philosophy, propositions collected from the phenomena "by induction are to be deem'd (notwithstanding con- trary Hypotheses) either exactly are very nearly true till "other phenomena occur by which they may be render'd "either more accurate or liable to exception." But the application of this rule is no easy matter. Different men form different propositions from the same phenomena as is evidently the case at present with you and I. I have no other way of judging of the causes of any particular phenomena than by the effects which experiments bring us to the Knowledge of. You have the same. Of these we form different judgments, which is no new Thing.

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From all which I draw this conclusion as a rule for my own conduct in philosophical Disputes to disclaim every- thing that has the appearance of positive either in par- ticular expressions or general assertions.

As to my opinions on electrical Attraction and Repul- sion, they are not found'd on any single Experiment but are formed from a survey of many particulars much too tedious to enumerate. When I laid before you the rough draft of my letter to Mr Kinnersley I did not mean to present you with an uncontrovertible demonstration of my new Hypothesis (pardon the vanity of the expression) but only as my sentiments of a disputed point; much less that any particular experiment in it was clearly demon- strative. So that were all the exceptions you make against the 5th Experiment mentioned in that letter to stand in full force against it, I humbly concieve they would by no means overset the Doctrine in support of which the Letter was wrote, tho I hope to be able to shew you be- fore the conclusion of this letter that there are some very important circumstances in that Experiment you did not properly advert to.

I must own myself very much at a loss to know what unexceptionable name to give to that power by which two bodies in certain circumstances, rush towards each other commonly call'd Attraction. I believe it will be very hard to define properly what is meant by that Word. But as I concieve, it very little affects our present dispute, by whatever name we call it. I beg to be indulged in the use of its common one without pretending to define that power which by custom it is made to express. (Newtons optics Que. 31) There is nothing in Philosophy which I think more indisputable than that two bodies possessing different quantities of the electric Virtue shew an evident tendency to come into contact, in order to restore an equilibrium between them with regard to that fluid. This is a law that universally takes place without one excep- tion that I know of. It subsists as well between those bodies commonly called electrics per se as between non electric or conducting Bodies. Then I think our dispute

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will turn on this single point, does the Air possess this quallity in common with other bodies or no? That is, does it come under this general law by which all other bodies are governed that of attracting and being attracted by electrified bodies? If dry glass amber or sealing wax will attract a cork ball, why may it not be allowed that dry air will? Spirit of Turpentine is a fluid electric per se as well as dry Air, and it will attract an electrified ball. And I am of opinion (I have not tried the experiment) that electrised Balls will exhibit the same appearances in it, as in open air. I would not insist too much on Arguments brought from Reason and anallogy to prove that the air is a body capable of attracting and being attracted by other bodies where a difference subsists between the quantities of the electric matter which they contain. The 6th experiment in my letter to Mr Kinnersley of which you have taken no notice sets that matter in a pretty clear light. A pair of Cork Balls possessing no more than their natural quantity, will seperate in air electrised either plus or minus. This I think cant be reasonably attributed to any repulsion between the balls. And if it is attraction between the Balls and the surround- ing air it proves all I want. If it is not by that Cause their seperation is effected I beg you would give me some other rational solution of the Matter.

If from reason and experience then we have sufficient ground to conclude that the air comes under this general law, common to all other bodies, which we are acquainted with, that of attracting and being attracted by electrised bodies, if this principle is once granted, it is intirely suffi- cient to account for all the phenomena attributed to elec- trical repulsion and that in the most natural and easy manner. The seperation of the cork balls, the motion of the Machine in my electrical Horse race &c whether in a plus or minus state of electricity all answer as they should do without any forced Construction or calling in the Aid of any unknown powers or influences guess'd at to help out the appearance of an Hypothesis. This appears to

258 THE COLDEN PAPERS-1761-1764

me more than can be said of the other Hypothesis even was repulsion admitted.

And now my dear Friend as I dont contend for Vic- tory it is not my intention to press my sentiments upon you with warmth, nor blame you for not seeing them in the same light I do. I only beg a fair and unprejudiced Consideration of them taken in this point of view & shall leave the event to your own candor and penetration ; en- treating you at the same time to lay aside as much as pos- sible the prejudice of preconceived opinions. I shall say a Word or two concerning the 5th Experiment in my letter to Mr Kinnersley and your remarks on it, and then conclude this epistle already swelFd beyond its intended bounds.

You say the "Phial suspended in the Water rises with "greater force when there is a cork ball on the end of the "Wire, because the force by which the Wire is repelld "acts in lines parallell to its surface and can have but a "small effect upon it; but the same Force acts perpendicu- larly against some part of the ball and must then have a "much greater effect." In this paragraph you have brought an appearance against me which I concieve to be the strongest in favour of my Hypothesis, that could be thought of, arising from a Circumstance you did not recol- lect, for I well remember telling you of it. You judge very right in observing that the electrometer rises with a greater force with, than without the cork ball on the end of the Wire, tho' I cant allow the reason you give for it to be the best. Let us call the force with which it rises without the cork ball = 1 : To counter ballance this force the resistance of the point, according to your supposition, when fixed on must be = 1 also, the action of the one and the reaction of the other in this case being equal and con- trary. Suppose then that the force with which the elec- trometer rises when the ball is on the end of the wire 2, tho' I believe the difference to be much greater than than this proportion expresses. This additional force you imagine is occasioned by the atmosphere of the cap of the bottle acting by its repelling force in a perpendicular direction against some part of the cork ball Allow it to

THE COLDEN PAPERS-1761-1764 259

be so. It will follow then that the electrometer with a point fixed on the Cork ball will still rise with a force = 1. For as the resistance of the point is only equal to the repulsive Force between the atmospheres of the wire and cap of the large bottle acting in different directions the other force (viz that between the cap of the containing bottle acting in a perpendicular direction against the cork ball) remains still to be overcome and the electro- meter will rise with a velocity equal to the difference of the two forces. I will readily grant you that this Theory would very much favour your repelling hypothesis, did experiments but confirm it: But they do not. The elec- trometer will stand as perfectly at rest when ballanced with a ball and point at top, as when no ball but only a point is used. Here then on your hypothesis there are two unequal forces overcome or perfectly counterbal- anced by the same power. This seems to carry a contra- diction on the very front of it, whilst on the other opinion it is easily and naturally accounted for. Points, either in throwing, or drawing off the electric fire act no longer than till an equilibrium is restored ; in neither case is there any thrown off or drawn on by a protruding force. When the globe of the electrical machine is in motion the prime conductor attracts no more fire from it by means of the points than till a perfect equallity is restored between them; and then the globe has no power of forcing any more up into it by being kept long in motion. I take the case with regard to the electrometer to be similar. The superincumbent air can draw off no more fire from the point in either the forementioned cases than just to restore an equilibrium between it and the top of the elec- trometer: When the cork ball is off, the attraction of the air over it can be but weak upon it by reason of the small- ness of the surface it has to act upon, viz the top of the Wire. Between this and the air a point when it is fixed on, readily restores an equallity in their quantity; here its action ceases. But when the ball is on, and the ma- chine electrised the air now having a greater surface to act on raises the electrometer much more forcibly than

260 THE GOLDEN PAPERS— 1761-1764

in the last instance. But the point when on, as readily restores an equilibrium as in the former case by which means a perfect quietus is maintained in the moveable parts of the instrument. In this sense then the action of the unelectrised air is taken off by the intervention of an electrised body (viz Air) as when the tin plate is hung over the top of the cork ball on the suspended wire and phial and electrised along with it.

Thus Sr without any studied subtleties to elude the question I have with great Plainness given you my senti- ments of electrical attraction, and repulsion. This Hy- pothesis I have embraced because it appeared reasonable and simple. But I stand open to conviction whenever a plainer or more unexceptionable one shall be offerd. I care not a single farthing on which side the Truth falls out to be. As I look on the subject to be of considerable importance I beg you will collect your thoughts and obser- vations on the other side of the question and form them into some system for solving the different Phenomena on the repelling Hypothesis. If there can be arguments brought to support it mutually depending on and cor- roborating each other in a more natural and easy manner than the other will admit of, I can promise you one con- vert to your doctrine, who will be among the first to acknowledg it and publickly recant his former Errors. I mean myself. This request I have reason from your candor and abilities as well as your love of true Philoso- phy to expect will be granted. This will be doing a kind- ness to all lovers of learning as well as laying a particular obligation on Sr

Your obliged Humble Servant

P.S. Most of the variations you WlLLIAM JOHNSON

proposed in the Experiment above

mentioned are impracticable, whilst

others did they succeed would as

much favour the attracting as the

repelling Hypothesis as I shall

shew you when we meet. WJ.

Mr. David Colden

[Indorsed]

To Mr David Colden

Present

THE COLDEN PAPERS— 1761-1764 261

From John Temple, Surveyor General of the Customs

gir Boston N. E. 12 decr 1763

I shall be very much obliged to you to order me three Certificates of the Oaths I took before you to Quallifie for the Office of Surveyor General, as the Province of Quebec falls under my Inspection I want them to forward there & to the Island of Bermudos. You will oblige me to give directions that I may Receive them by the Return of the post. I Congratulate your Honor on the Ap- pointment of my Lord Hallifax to the Southern Seals with the Superintendentcy of American affairs it must be attended with great advantage to our Collonies from his Lordships thorough knowledge of their real Interest. I am Sir Your most obedient and most humble Servant

J. Temple

To the Hon'ble Cadwallader Colden Esq1"

David Colden to William Johnson

[Copy] gir N.Y. 15th Decr 1763

I cannot begin a Second Epistle without thanking you for the oblidging manner in which you have Answerd my first. I have daily too much reason to be sensible of the difficulties I meet with in Philosophical Speculations not to agree entirely with you have said of it : these difficulties are even sufficient to discourage a Man from such pur- suits, especially when he reflects that more than nine in ten, are labouring in Errors. Yet such suggestions may be counterbalanced by the Prospect that Truth will at length be discoverd, and that even erroneous Principles, and the deductions & arguments drawn from them, are frequently leading Steps to True Principles. This I assure

262 THE COLDEN PAPERS— 1761-1764

you Sir is all that I am endeavouring at. And tho' I have formd some notions of Electricity which give my own Mind more satisfaction, than any Hypothesis which I am acquainted with; yet I have too much diffidence to be so much prejudged, by their favour, as not to be ready to receive any other that has greater evidence of truth. I did not suppose that your 5th Experiment, was the only one on which you built your Hypothesis; but I con- ceivd it to be one which reduced the Point in question very much to an Ocular Demonstration, and I know some Gentlemen look upon it as such : I therefore made it the particular object of my attention and did not overlook those circumstances, which you are induced to think I did, by my omiting to mention them: the hurry I was oblidged to write in, while my thoughts were continually employed by other affairs (which is still too much the case) & the length I found my Letter swelling to, made me omit many things; some of which I must now supply. The Reason which I assign'd for the Electrometer's riseing with more force when there was a Cork ball on the end of the Wire, than when there was no ball, was such a one as I apprehended might escape your notice, while I was certain you was well acquainted with another of much more weight, & perhaps the only one which is that when the Cork ball is on the end of the Wire, the whole Elec- trometer can be much more highly Electrified, than when the Wire is naked, & that the degree of force with which bodies separate from each other, is in proportion to the degree in which they are Electrified When a Point is fixed on the end of the Wire the Electrometer can't be Electrified but in a very small degree. The degree in which it is electrified in the several cases and the forces with which it rises in each case I would therefore Express by the following Numbers.

[when the Point is on = 321 which likewise express the degree riseing J w^en ^ne wjre js nakeci = 43 }- in which the Electrometer is iorces j^wjjen the baii js on 54J Electrified in each case

The force by which the Electrometer is moved down- wards I would express by these numbers

THE COLDEN PAPERS— 1761-1764 263

rinldiurf^th^Wi^* ^^-al which numbers may Express faM Wnen the W"e is naked = 1 £ Jg** «f J®**™ mat" I When the Ball is on = Oj ter th3rown of m each case

Now by comparing these numbers together we shall find that when the Point is on, the opposite riseing & Sinking forces are equal.

When the Wire is naked, the riseing force 3, exceeds the sinking force 1 by 2, = the force with which the Elec- trometer rises in this case

When the ball is on the sinking force is = 0, because then no Electric matter is thrown off, & in this case the Electrometer moves with the whole rising force equal to 4. But Sir I do not suppose that the Riseing force is = 4 when the Point is fixed as above the cork ball; for it is in proportion to the degree in which the Electrometer is Electrified, as I before observed, & therefore is in this case = but to 2 for the Electrometer cannot be Electrified above that degree when the point is on ; the sinking force is likewise 2 I hope Sir my Explanation of this Ex- periment will now be freed of the absurdity with which it before appeard to you

I have Sir no objection to your useing the word At- traction if you only intend by it to express an Effect: If when you say that such & such bodies are attracted to each other, or by each other, you only mean that those bodies move towards each other, we shall in no degree differ but if by attraction you mean a power, or the man- ner in which a power produces its effects, I can by no means acquiesce in such an opinion. The Learned Hoff- man says Nullum datur in rerum Natura Suctio vel at- tractio, Omnia fit per Pulsionem, and the Great Newton says that by attraction he only means an effect, but whether that effect is produced by Pulsion, or in what other manner, he very ingenuously confesses himself ignorant of.

It is, as you observe, an Invariable Fact, that two bodies possessing different quantities of Electric matter, shew an evident tendency to move into contact. But if one of the bodies, or both of them are Electrics pr Se, tho'

264 THE COLDEN PAPERS— 1761-1764

the same tendency is evident, it is in a much smaller degree as I make no doubt you will readily allow that there must be the same tendency between the Air, and any body which contains either more or less Electric matter than it, I allow yet Sir notwithstanding we set out so perfectly together, we must part as soon as we begin to apply these observations to explain other Phe- nomena, but I hope we may yet have the pleasure of uniting throughout in the real and true Explanation of those intricate Phenomena— I must now before I pro- ceed any farther recur to your 6th Experim1 which I omited in my former Letter And I will see in your opinion the balls which in this Exp1, are suspended within an Elec- trified Vessell do not separate when they are Electrified because the lateral attraction of the Air is intercepted by the sides of the Vessell, but when we see that these balls keep together in the same manner when there is no lateral body to intercept the supposed attraction of the Air, and only an Electrified body under the balls, I can not grant that it is the circuma[m]bient sides of the Electrified Vessell which prevents their separation.

From Gen. Thomas Gage

New York Decr 19th 1763 Sir—

Majer Moncrieffe & L1 Montresor who arrived last friday from the Upper Country, brought some Intelli- gence, which I now inclose You, & should have been glad to have communicated to You before, had it been in my power, but the extreme Hurry I have been in & the Sev- eral Letters, from which I have been oblidged to form a satisfactory Account have retarded Me, till this day; I am Sir with great Regard

Your most Obed* Hum : S* Thos Gage

Hon: L* Govr Golden

THE GOLDEN PAPERS— 1761-1764 265

David C olden to William Johnson [Copy]

Dear gir Fort George 19th Deer 1763

Inclosed are the papers which I said you might keep for your perusal at leisure, they contain a summary of what I wrote in the year 1757, I think, which I calld a Supplement to the Principles of Action in Matter, being the Tittle my Father gave to his Book of Natural Philoso- phy; The Supplement is lengthy, for in that I went thro' the Electrical Phenomena, as minutely as I was capable This Summary I drew up for communicating to my friends a general Idea of my Conceptions and am now very glad of the opportunity of communicating them to one so capable of judging of them, and from whom I hope for the most free & friendly Animadversions upon them You will find them a little different from the Papers you looked over the other day. They were as far as I have gon in reconsidering the Summary & making it somewhat fuller.

To Mr Wm Johnson in New York

From Sir William Johnson

Dear gir Johnson Hall Xbr 24th 1763

I am Just favoured with your letter of the 7th Ins** encloseing me two Captns Warrants & 2 Commissions as also three Lieut8. Warrants and 2 Commissions from which I conclude that 'twas a Lieut8. Warrant which was given to Mr Ten Eyke. The rest of the Warrants shall be given to Such Persons as I Judge will answer the Public expectations in the most expeditious & most effectual manner. The Companies when raised shall be mustered agreable to your directions, but the small pay of the offi- cers in a Country where People are accustomed to high Wages, and where Men are now raising by Co11 Bradstreet

266 THE COLDEN PAPERS— 1761-1764

at much higher rates as I am told, will I fear greatly re- tard their compleating, and I am a good deal Surprised how yr letter & Inclosures could have been so long by the Way

The Indians who have been with me from all the 6 Nations for several days are Just departing for their respective Countrys, they amounted to 230 and were accompanied by several of the yet freindly Seneca's from Kanadassegey, as also by 3 Deputys sent from Chenussio requesting to be informed of our present resolutions, & to know whether offers of peace on behalf of their People will be accepted of or not, in this, they were seconded by the rest of the Nations, who after representing the man- ner in wh the Enemy Senecas had been drawn into the War, intimated that should they now be received into our freindship, the whole Six Nations would heartily Join us against the Shawanese & Delawares, whom they repre- sented as the principal authors of all the late trouble, or agst any other of our Enemies and I know the disposition of these People so well as to foresee that any attempts agst the Senecas must naturally create uneasiness amongst the rest of the Confederacy more particularly ye Cayugas & Onondagaes who are more connected w^ them than any of the rest. After giveing them a verry Severe rep- rimand for their Villainous & unnatural behaviour in ye presence of the rest, I answered them that I could do nothing therein, but would lay it before the Kings Gen- eral.

I have Just received two letters from the Lords of Trade (One dated in Septbr ye other in Octobr last) en- closing me the Kings Proclamation, & expressing the approbation of his Majesty & his Ministers, & that of their Lordships on my late representations, and his Royal orders that I should cause the proclamation therewith transmitted to be published & strictly complied with throughout my Jurisdiction, and I am hopefull that within a small Period of time things may be settled on a still more Satisfactory Plan.

I am a stranger to what cause the Assembly attribute

THE COLDEN PAPERS— 1761-1764 267

the unhappy Rupture wh is not a generall defection of the 6 Nations as is asserted nor indeed of any other Na- tions, except the Shawanese. Some of ye Ottawaes & Chippawaes, also Delawares & Chenussios. I shall not take upon me to point out the Originall Parsimony &ca to wh the first defection of the Indians can with Justice & certainty be attributed, but only observe as I did in a former letter that the Indians (whose freindship was never cultivated by the English with that attention expence & Assiduity with wh ye French obtained their favour) were for many years Jealous of our growing power, were re- peatedly assured by the French (who were at ye pains of haveing many proper Emissaries amongst them) that so soon as we became Masters of this Country, we should imediately treat them with neglect, hem them in with Posts & Forts, encroach upon their Lands & finally de- stroy them. All wh after the reduction of Canada seemed to appear too clearly to the Indians, who thereby lost the great advantages resulting from the possession wh the French formerly had of Posts & Trade in their Coun- try, neither of which they could have ever enjoyed but for the notice they took of the Indians, & the presents they bestowed so bountifully upon them, wh however expensive they wisely foresaw was infinitely cheaper, and much more effectual than the keeping a large body of Regular Troops in their several Countrys, wb however considerable could not protect Trade, or cover Settle- ments, but must remain cooped up in their Garrisons or else be exposed to the Ambuscades & surprises of an Enemy over whom (from the nature & scituation of their Country) no important Advantage can be gained, from a sense of these Truths the French chose the most rea- sonable & most promiseing Plan, a Plan which has en- deared their Memory to most of the Indian Nations, who would I fear generally go over to them in case they ever got footing again in this Country, & who were repeatedly exhorted & encouraged by the French (from motives of Interest & dislike wh they will always possess) to fall upon us by representing that their liberties & Country

268 THE GOLDEN PAPERS-1761-1764

were in ye utmost danger, and that a Fleet & Army was arrived at Quebec and another Army coming by the way of Mississipi to their Assistance all which the Inds were persuaded to Credit, until their Messingers sent to the Illinois returned & contradicted the report so industrious- ly propagated by the French, which imediately struck at our Trade, gave them some distant hopes of a re-estab- lishment by embroiling our Affairs, and drew down the valuable furr Trade by the way of the Ajoues & Missis- sipi, and the Indians once embarked in the quarrel, were easily induced by their success & advantages of Plunder to continue their Ravages in the midst of which however I have y6 satisfaction to find that my unwearied labours hath hitherto preserved the whole Confederacy (Chenus- sios excepted) with many other Nations & thereby se- cured this verry important communication to the Lakes also that by the River S1, Laurence, together with these Western Frontiers from the Fate wh hath attended the neighbouring Colonies, to effect these important Ends, as I have sacraficed all my Tranquilty & Domestic con- cerns, so I have the pleasure to find myself rewarded in the favourable Sentiments with which his Majesty & the Ministry have been lately pleased to express themselves concerning my labours for the public. The present un- happy rupture was long foreseen, & frequently repre- sented by me, but I had the mortification to find that it did not meet wtt sufficient credit, which neglect at length brought on the Calamities in which we are involved, and from which I apprehend we can never be any time free, unless we remove the Jealousies wh the Indians entertain of us, and purchase their freindship with favours and notice, which freindship once obtained, & established will enable us to withdraw our hands, & shorten ye expences by imperceptible Degrees. These are my sentiments on the present state of Indian Affairs, and the causes to which the Hostilities are certainly to be attributed & I hope they may tend to y6 farther information of any who may be desireous to enquire into the Subject.

The Petition which you sent me, I was informed of

THE COLDEN PAPERS— 1761-1764 269

Sometime ago, and that George Klock a Person of an in- famous Character at Conajohare had made it his busi- ness to procure the Signing of it by several persons, the greater part of whom I know to be his Relations & crea- tures, his own Name is erased at the head of Men whom he persuaded thereto (as I am Informed) on promises of reward, & getting them Commissions wh the Ignorant People readily beleived. I have however sent for the two officers complained of, and shall transmit you my further enquirys therein. I am with due respect

Dear Sir

Your most obedient & most Humble Servant

Wm- Johnson

The Honl^

Lieu* Gov* Colden

[Indorsed]

24th Dec* 1763

Sir Wm Johnson's Letter

From Sir William Johnson

Dear Sir Johnson Hall Decbr 30th 1763

Yesterday I was favoured with your letter of the 19th Insfc in answer to mine of the 5th

I have received particular information of all the late Transactions at the Detroit as well from the officers, as from one of the Mohawks (whom with others I sent there to be of any service in their power) who is Just returned from thence charged with several Belts &ca to me.

As the cheif Cause of the Hostilities committed by the Indians was intended to procure themselves redress of some wrongs, and to obtain a better treatment, together with occasional gifts or rewards for the admitting Posts in their Country, I am of opinion their offers of Peace arise principally from an expectation that they will for the future obtain their desired Ends, which they could not get by any other means than by haveing recourse to Arms, for this reason I conclude they have made their late offers, and I likewise beleive they would abide by

270 THE COLDEN PAPER&-1761-1764

their promises, if we for the future gratify their expecta- tions; but I am fully convinced they will never preserve peace long, on any other terms. They know their own strength & Scituation too well to be as yet apprehensive of our resentment, & they will never want Amunition whilst the French can supply them by the variety of com- munications open to ye Western Indians, & beyond our power to shut.

The Five Nations have had no occasion to alter their behaviour wh as it has saved ye Communication & the Frontiers of this part of the Province Justly entitled them to all necessary Supplys for themselves more they did not require nor are they so well affected to these Nations who have made War upon us, as to give them Amunition even tho they had it. Indeed the Indians are verry chary of powder & altho they often waste it whenever they have plenty (wh has not been since Canada Surrendered) yet they are not so weak as to part with it to others, besides they have never had more from us than a verry bare Sufficiency, often expended before their huntg Season was near over. If therefore they should be denied Amuni- tion, it would imediately confirm them in the Sentiments wh greatly contributed to produce the defection of the rest, & would counteract all my endeavours to remove that too generall opinion, for the Suspecting their sin- cerity would make them become dangerous Enemies & of this, I have had repeated experience.

I wrote you pritty fully in mine of the 24th by which you will see the difficulties which may arise in punishing ye Chenussios and the advantages which will attend our turning our Arms against the rest of our Enemies, wh will equally answer the important purpose of giveing them a just Idea of our Abilities & Resentment.

As I am well acquainted with the Inclinations of the freindly Indians, I know the lengths they are to be trusted on the Article of Amunition, of which I am certain they will make no bad use, it is an Article so hard to be procured here, that I have not had it in my power to give them what I knew they stood in the greatest need of,

THE COLDEN PAPERS— 1761-1764 271

and the Trade being now over they can have little, if any, from that Quarter, altho I must confess the danger they run from the attachment to wh we have hitherto own the Safety of these parts, sufficiently merits such a return from Us as will shew them that they are not loosers by their fidelity.

From what I have heard from the Senecas, as well as from the good disposition of the rest, I should be induced to hope that these Frontiers might enjoy a state of Tran- quility at least for a time, but as this must be verry un- certain (especially if the Peace offered by the Senecas is not accepted of) I apprehend the two Companys for these Frontiers may be not amiss, but I fear they cannot easily be raised at this time as I have offered the War- rants to Several who declined accepting of them, by rea- son of the lowness of the officers Pay, and the Bounty now offered in Albany &ca for raising Men for other Service. Mr Ten Eycks son has sent me the Warrant you gave him as his Mother, he says would not agree to his Serveing. Be assured Sir I shall give you imediate No- tice in case there appears a prospect for compleating them, as well as give you any further intelligence wh may come to my knowledge worthy your information and I have a particular pleasure in assureing you how much I am

Dear Sir Your most obedient & most Humble Servant

The Honbie Lieut. Gov' Colden Wm* JOHNSON

From Daniel Horsmanden Recommending James

Graham, Jr. to Be Licensed to Practice in

the Supreme Court

Sir, t1763!

The Bearer Mr James Graham Junr, as I have ac- quainted your Honor, has applyed to me to recommend him for a License to practice as an Attorney of the Su- preme Court. I have endeavoured to have some of

272 THE COLDEN PAPERS— 1761-1764

[the] practisers with me that he might undergoe their Examination before me but having failed in that Attempt have taken Care to Satisfy myself, & do think him well qualifyed for that purpose & do therefore recommend him to your Honor for a Lycense.

I am, Sir,

Your Honors, Very humble Servant

[Indorsed] DAN1 HORSMANDEN

Ch. Jue HORSMANDEN

Recommendation of Mr Graham

Cadwallader Colden to Dr. Robert Whytt

[Copy unaddressed and undated]

Dear Sir [September 3, 1763]

I have your letters of the 16th & 20th of May with a copy of Dr Porterfield's inclosed Since my papers are now in your hands where I was very desirous to have them placed I am quite easy & shall leave them intirely in your disposal In your judgement I confide absolutely The firm persuasion I have of the truth of the Principles contained in those papers, however I may have erred in the application, made me desirous to have them placed in your University library. The good or bad reception of any thing new depends much on concomitant circum- stances by its being patronised or favoured or otherwise treated by persons of distinction but it chiefly depends on the general temper & bent of mens minds at the time Riches & political maxims of some ministers have intro- duced such a degree of general luxury & dissipation of time that few can fix their thoughts with any degree of attention upon any Subject Books of meer amusement or which favour a licentious spirit are the delight of the present age This spirit is as destrutive of learning as it is pernicious to society & good Government. Some reformation seems absolutely necessary May all good

THE COLDEN PAPERS— 1761-1764 273

men unite in assisting our young patriot King in a ref- ormation which will give glory to the King & happiness to his Dominions. When such reformation shall be effected the public taste will be changed & then books which require some attention may obtain reputation & be generally read

If you think that my presenting the papers in your hands to the University of Edenburgh where I received the first rudiments of knowledge will not be assuming too much to my self & that it will be agreable to the Gentle- men of that university I must beg of you to do it for me in such terms as are most respectfull to them so that after the papers are out of your hands they may be intirely at the Disposal of the Gentlemen of the University & I leave it to you to take what time you please for this purpose.

I am intirely unaccjiiamted with Mr Ferguson's char- acter. Please to make my complements respectfully to him & let him know I am very desirous to know the senti- ments of a person whose Judgement you prefer to your own

I am very glad to hear that you design to reprint your [treatise] on vital motions for I shall all wise expect from you some farther improvement on our knowledge. After General Monckton our Governor in chief returned to his Government I retired to the Country & at that time amused my self by thinking of the Principles of vital action I am now in my 76 year & as I find that I cant continue a close application of thought without prejudice to my heal[th] I put my thoughts down as Queries to serve as hints to some others more capable of inquiring strictly into the Subject They are contained in about four sheets of writing which when I shall have time to review & to have them fair copied I shall send to you The administration of Government has again unexpect- edly fallen into my hands by General Moncton's going to England which unavoidably diverts my thoughts from such subjects & least I be prevented from sending the copy I shall mention a few General Queries

274 THE GOLDEN PAPERS— 1761-1764

[The physiological questions are omitted.]

If these Queries have any weight in them they may deserve your attention in reconsidering your book of Vital motion

Please to made my respectfull complements to Dr Porterfield & thank him heartily for the trouble he has taken in writing so long a letter Does not every man err every day Ingenious men therefor who have nothing but truth in view they cannot take it amiss to have their errors discovered & it must give them pleasure to have them corrected when it is don as the Doctor has without arrogance or contempt If I preserve my health & facul- ties of mind I purpose to put something in writing on the subject of his letter In the meantime I take the liberty to ask

c

[An addressed and dated copy of the above letter, in David Colden's handwriting, is found in one of Colden's note books, See Calendar, Vol. VII, p. 367.]

From Gov. John Perm

«. Philadelphia 5th January 1764

Our back Inhabitants, who have indeed suffered a great deal by the Indian War, have got it into their heads that one Indian should not be suffered to live among us: and have carried their Resentment so far, as to go and kill some Indians who had lived under the faith and pro- tection of the Government for Sixty Years, in an Indian Town near Lancaster. Not content with this barbarous Outrage, they, in the open Day time, march'd into that Town, and there murthered fourteen more Indians, who were put in there by the Magistrates for their Security, and after perpetrating these horrid Violences, these law- less people have even threatened to come and kill a num- ber of Indians, that I gave leave to sit down in an Island on Schuylkill, in the neighbourhood of this City

This might have been easily prevented, as there are Arms and Men enough, who would not have suffered such a monstrous Invasion of all Law and Order; but these

THE COLDEN PAPERS— 1761-1764 275

Indians, who are of a mild disposition, desired they might be permitted to go to Sir William Johnson's, from whence they could easily be sent to the Heads of the Susque- hanna, where they have a good acquaintance.

On considering their request, it appeared to the Coun- cil that this would not only tend to the quieting the minds of the Indians, which were much disturbed at their Situa- tion and long absence from their Families, who live on Susquehanna, but also be a means of having this matter communicated to The Six Nations, and to the several Tribes of friendly Indians, in the most favourable manner.

Satisfied of the advantages arising from this Measure, I have sent them, thro' Jersey and your Government, to Sir William Johnson ; & desire you will favour them with your Protection & Countenance, and give them the proper passes for their Journey to Sir William's Seat.

I am recommended it in the most pressing Terms to the Assembly, to form a Bill that shall enable me to ap- prehend these seditious and barbarous Murderers, and to quell the like Insurrections for the future.

I am with great regard Sir Your most obedient and most hble Servant

The HonWe Cadwaladeb Colden Esq*1 JOHN PENN

[Indorsed] Governor Penn's Letter

From Admiral Alexander Colvill q. Romney, Halifax 10 Janry 1764.

I was favoured with both your Letters, and am much obliged to you, for the Care you took of my Packets. These two Letters are about Business relating to the careening Yard at this Place and I wish to have them con- veyed to England as soon as possible. I am with great regard Sir Your most obedient and most humble Servant

The Honble Lieut. Governour Colden COLVILL

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From Gen. Thomas Gage

Sir New York Jan^ 10th 1764.

I had the Honer to receive your Letter inclosing the Advice of the Council respecting the Indians sent from Philadelphia, late last Night. I have sent Orders to the officer Commanding the escort to return with them, un- less he shall be far advanced towards this City. In that Case to halt, till I send some Companys of the Royal American Reg1, to relieve Him. I expect the Americans here to Day, and they may escart the Savages back to Philadelphia, which will save Montgomery's Reg1, a double March. I am with great Regard,

Sir, c

Your most obedient, humble Servant, Honfcie Qovr Colden Thos Gage

From Sir William Johnson

Dear Sir Johnson Hall JanTy 12th 1764

A great Indisposition under which I have laboured for some Days, and from which I am not yet recovered, prevented my answering your Favour of the 28th TJlt°- sooner.

In my Letter of the 30th Ult0, I gave you my Senti- ments on the Reasons which induced the Indians to pro- pose an Accomodation, as also concerning the Article of Amunition, representing that none received any but those on whose Confidence I might perfectly rely, and to whom a Refusal might prove of dangerous Consequence, and that even the Trifle of Amunition which these re- ceived was too little, and too much valued by them to part with. In my Letter of the 24th Ult°- I acquainted you with the Occasion of my having been visited by the 5 Nations, accompanied by some Seneca Deputies.

Last Week arrived here several of the Senecas on the same Errand as before, whom I acquainted that I was

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not as yet authorized to treat with them on Terms of Peace, they were followed by the five Nations amounting to near 300 who came to repeat their Offers of taking such Steps against our Enemies as I should direct, to which I have answered them in the best Manner I could. But these Senecas having come contrary to my Desire, and not being desirous to give any Satisfaction farther than a Promise of assisting us against the rest I have accord- ingly dismissed them untill I hear from General Gage. I however apprehended a White Man now amongst them, and who was formerly delivered up, but went back to the Indians, and has had the Treachery as I am in- formed to act against Us in the late Operations of our Enemies, particularly at Niagara Carrying Place. I shall therefore commit him to Jail.

The Generality of People have certainly great Rea- son to be irritated against the Indians and I am glad to find such a Spirit of Alertness as you express amongst them, tho' I fear they will not find it an easy Matter to punish those Who realy deserve it, and the falling upon those yet our friends, and who are consequently not aware of any such Design would I apprehend be very imprudent as well as disagreeable to you, since it must inevitably involve us in a general Quarrel; the general Thirst for Revenge, so justly raised amongst our People may with- out proper Instructions direct itself to a wrong Quarter, as was lately the Case in Pensylvanias to Prevent which as well as to promote the Success of all the hearty Volun- teers I must observe that the greatest Part of our Ene- mies are removed a great Way up the Cayouga or To- hiccon Branch of Susquehanna; Those of Wawiloosin (our friends) are gone chiefly to Philadelphia, and the res£ are removed to Chughnot on the Susquehanna, so that our Enemies chiefly reside, from Tohiccon up that Branch viz1 Singsink, Passiguaghgung &ca. The Meeting with these our Enemies is very uncertain, as they have not made any long Residence at any Place since the Com- mencement of Hostilities, but the Indians of Kanestio, a Village between Chenussio and Fort Augusta who are

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chiefly Renegadoes of profligate Fellows from several Na- tions, and who murdered the two Traders in Novr- 1762 are very proper Objects of our Resentment and have been Principals in carrying on Hostilities.

I heartily wish that whatever party goes out may be able to strike such a Blow, as will give the Indians in general a good Opinion of our Abilities, but to give any hopes of Success in my Opinion it will be necessary that they should at least consist of 400 Men and those expert and well qualified for the Service acquainted with the Woods, and furnished with Snow Shoes, and all other necessary Articles. The distressing and annoying the Enemy during the Winter if well conducted must prove very usefull, I am now preparing some parties of Trusty Indians for that purpose of which I hope the General will approve.

As the Trade by Reason of the War hath been at an End for some time, I apprehend it will not be thought adviseable to grant any Passes Till Matters are better settled, whenever that may happen I am humbly of Opinion that you will judge necessary the Traders should give Security for their fair dealings, and also be per- mitted to trade at the principal Outposts only, as Fort Stanwix, Ontario, Niagara &c. At these Posts they will be in the most Security, and their Conduct can be best enquired into, which if justly blameable, and so repre- sented by the Commanding Officer, they may forfeit their Recognizance, for the indulging them in a Liberty of trading in the Indians Country or at their Castles, will allways produce Complaints from the latter of Frauds and Extortion, as well as render the Traders liable to be murdered and their Effects seized on any future Quarrel which may happen.

With some Difficulty I have got Persons to accept of the Warrants for raising the 2 Companies for the Se- curity of this Frontier, and I am just now informed they are allmost compleated with good Men. I shall accord- ingly have them mustered and report to you thereon.

As Lieut. Johnson who by His Majestys Proclama-

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tion is entitled to a Grant of Land is desirous to know

the Limits within which you consider the same may be

granted, I must request the Favour of your informing

me on that head, also your Directions concerning the

Steps he is to take therein, and whether he is entitled to

his Share as a Captain of Provincials in 1756 or is to abide

by his Title as Lieut, of the Independ* Companies

I am with very perfect Esteem

Dear Sir

Your most Obedient Humble Servant

r> a t u x t> Wm- Johnson

P.S. I have great Reason

to apprehend that many

mercenary Persons inhabiting

along this River sell Amunition

and other Articles to the Senecas.

I could heartily wish you would

interpose your Authority to prevent

the like for the future.

The Honbie L* Govr Colden &c

From Gen. Thomas Gage gir New York Jan^ 19th 1764.

I have this Moment received a Letter from Governor Bernard, with his Assembly's Answer to his Speech, rela- tive to my Requisition of Men. From something I have heared before concerning this Matter, I imagine that Assembly mean to say that in their wars they never re- ceived any assistance from the Neighbouring Provinces; and that the present Troubles do not affect them. As they never received assisstance, they don't think them- selves obliged to give any. I inclose you the Governor's Letter with the address for your Perusal; which you will please to return me. I am with great Regard, Sir, Your most obedient humble Serv\

The Honbie Lt Gov' Colden ThOs. GAGE

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From Sir William Johnson

D gir Johnson Hall Janry 27th 1764

I have received your favour of the 9th Ins1 and here- with transmit you the Muster Rolls of the Two Com- panies who are now at Scohare & Cherry Valley, and consist of verry good able Men. I have given ye Captns Instructions in writeing regarding the security & defence of these Settlements.

I am much oblidged to you for ye freindly Sentiments you have expressed on my opinion, and I heartily wish that such parts as I apprehend were calculated for the public safety had been deemed worthy attention.

The Orders you have received from the Earl of Halli- fax seem to me to have been calculated for raising Men with greater expedition than in ye ordinary way of inlist- ing Provincials, but I conclude the Assembly have al- ready taken their resolutions on that Head.

I am Just now parting with a large Number of Indians from whose behaviour I have reason to expect a happy result, I assure you it would scarcely be imagined how sanguine they are, and how desirous their Young Men appear to go against our Enemies. The Chenussios are a verry proud People, and I dont expect much conces- sions from them, the delivering up of some of their Ring leaders which would be a reasonable demand will I ap- prehend hardly be agreed to. The French who were at the bottom of this affair deserve to have their conduct strictly enquired into, the Jesuits are a dangerous Society which I heartily wish may be abolished, their possessions in Canada would endow a Bishoprick, as well as make provision for Several protestant Missionaries, the utility of such a foundation appears to me verry evident in that Country, where I think it would greatly promote the Interest of his Majesty, and soon encrease the Number of his Protestant Subjects.

Governour Penn has given me an Ace1 of the barbar- ous Murder of the Freindly Canestoga Indians & enclosed

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his Proclamations in consequence thereof. That Mas- sacre may prove of dangerous consequence, such as may be severely felt as well by the Murderers, as by many Innocent Inhabitants of Pensilvania &ca. It cannot but fill all the 5 freindly Nations (with whom they were con- nected) with the greatest resentment, and give them y* worst impressions concerning our Faith and sincerity. I apprehend I shall find it a difficult task to satisfy them thereon, as well as to convince them that the Govern- ments are greatly incensed thereat, and determined to bring the offenders to Justice.

I heartily wish the return of the 140 Indians may not expose them to further insults, if that should be the case it will be impossible to make up the breach wa» our Freinds. So Soon as it may suit with your Conveniency, I shall be glad you will favour me with the Militia Com- missions, agreable to the return of officers which I trans- mitted for filling up the severall Vacancys in the Regi- ment. I am with verry high Esteem Dear Sir

Your most obedient Humble Servant

The Honrbie Lieut. Gov* Colden. Wm JOHNSON

Alexander Garden to David Colden Sir Charlestown Febry 1st 1764

Your favour of Janry 26th 1763 was sent to me some time in November by Mr Douglass. I was then confined to my room & had been for many weeks, as soon as I was able to see Company I begged Mr Douglass to favour me with his & I found him perfectly answer the Character which you draw of him. You may depend on this that I will not omit any opportunity to shew Every service in my power to him or any person whose acquaintance you are so obliging as to offer me.

He has met with all imaginable Success in this place since their theatre was opened, which I think was the first Wednesday of December, since which time they have per-

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formed thrice a week & Every night to a full nay a Crowded house. Hitherto they can't possibly have made less than £110 sterls ® night at a medium for some nights they have made between 130 and 140 sterls in one night & I beleive never under 90 £ sterls & that only for one or two rainy Evenings. This will shew you how much the people here are given to gaiety, when you compare this place in number of Inhabitants to York which is at Least double if not treble in number to us. Mr Douglass has made a valuable acquisition in Miss Cheer who arrived here from London much about the time that Mr Douglass arrived with his company. Soon after that, she agreed to go on the stage where she has since appeared in some Chief Characters with great applause particularly Monin- cia in the Orphan & Juliet of Shakespear & Hermione of the Distresst Mother. Her fine person, her youth, her Voice, & Appearance &c conspire to make her appear with propriety Such a one they much wanted as Mrs Douglass was their Chief actress before & who on that account had always too many Characters to appear in.

Thus much as regarding the state of our Theatre I am now to enquire after your welfare & that of all your Good Family. Inclosed I have put a Letter for your Father which I must beg you'll be so kind as to present to him with my most respectfull Compliments. This to you will be inclosed in one to your Brother who I hope is well with all his family. I can't help, while I write, to think of the happy & chearfull Days which I used to pass at York after being lucky enough to attain their acquaintance & now & then a fond wish of revisiting a place where I met with so many civilities steals upon my mind. If Ever it is my fortune to be on North of the Continent you may be sure that I will be so true a friend to my own happiness & pleasure as to lose not a day till I pay my Respects to you & your Friends.

My late indisposition & consequent confinement was so severe & tedious that it banished Every literary thought or pursuit from my head & since that time my strength has not permitted me to attend to anything be-

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sides my attempts for a recovery ; Neither have my Euro- pean Correspondents communicated anything new for many months so that I cannot entertain you with any- thing in that way. As I'm in hopes that our correspond- ence for the future may be more regular than hitherto, I will not fail whenever occasion offers to inform you of any thing that I may come to the knowledge of either from Europe or America. This friendly intercourse of Literary intelligence will at Least help now & then to whet the spur of study & attention, which I am from dire ex- perience, but too sensible of its aptitude to be sullied, tarnished & blunted by the moist, hot, sultry & dissolv- ing atmosphere of our warm Climate. The kindly hand of nature has reared & tutored your Genius in a Climate more friendly to application & attention, while Every Sinew & Every nerve is braced with you & while you feel all the consequent life, vigour & Energy of Body & Mind, we on the Contrary living under a temperament in its own nature hot, dissolving, relaxing & unbending Every delicate fibre & fine spring of life & vigour, feel all that sluggish torpor & enervated feebleness of body & mind, which renders life a Burden & all our perceptions of the Dull & insipid kind.

Permit me now to conclude this Scrawl by offering my Compliments to all my Old enquiring friends if any such there be, for however their memory may misgive, yet a still Lively sense of the many civilities shewn me, holds its place first in my mind, and makes me often think of my York friends with great gratitude. Dr Sir Your most obed* & Very hble Serv1.

David Colden Esqr ALEXr GARDEN

From Alexander Garden

Sir [Feb. 1,1764]

Tho a long interval of time has passed since I had the pleasure of writing to or hearing from you, yet scarcely

284 THE COLDEN PAPERS— 1761-1764

one day passes in which I dont often recollect with pleas- ure the happy hours which I had the honour of spending with you, when I was first happy enough to acquire an acquaintance with your merit, neither is there a person who more heartily rejoices on every account which I re- ceive of your health.

The station in Life which you now so deservedly oc- cupy must give satisfaction to Every welwisher of the British interest & no doubt more particularly to those of the provence which his Gracious Majesty has intrusted to your care The present period & Critical situation of affairs demand & call for an Experienced & steady pilot & while I can easily see the weight & intricacy of the various load of business which must necessarily fall rather heavy on you, yet tho at a distance I do most sincerely rejoice to be certain that it is in the hands of one well versed in Every Interest & view both of the various tribes & nations of Savages at variance with you & of that province over which you preside which must more immediately contend with them.

While others may think as I do, I must likewise be- leive that you yourself must have a conscious joy & pleasure in being so placed as that the exercise of your knowledge & Abilities must at the same time be most conspicuous to the world & most Eminently usefull & conducive to promote the Interest & welfare of that prov- ince where your name must descend with applause to late posterity.

Permit me then to offer my heartiest tho late con- gratulations on your being again called to the helm of Government & while I offer my congratulations on this Event, allow me likewise to express my wishes that your health & strength may be proportioned to the vigour & Extent of your Mind.

It is with no small share of pleasure that I harbour some distant hopes of again paying my respects in person to you even tho the occasion has no;t been very agreable to myself. A long & tedious fit of Illness has greatly im- paired my constitution during our last autumnal months

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& tho I now daily gain strength & advance in recovery yet I'm uncertain whether I may be able to bear the heat of our approaching Summer, and on that account a visit to Great Britain or to the north of America, where I for- merly met with Every civility & an encrease of health beyond my wishes or hopes, may be absolutely necessary. If it prove so, I beleive I shall readily determine ; for the pleasure & happiness of being able to visit you now & then, when the more weighty affairs & concerns of your Station would allow you leisure to spend an hour with a private person would be the strongest & most powerfull inducement. I might then, once more have the happiness of drawing knowledge from your fountain & hearing you Expatiate on the amazing works of the Great Architect & Contriver of nature.

This will be delivered to you by your Son Mr Golden & with the greatest regard I have the honour to be Sir Your most Odt & obliged hble Ser*

ALExr. Garden

[Indorsed] from Dr Garden

From, Sir William Johnson

Johnson hall Febry 3d 1764 Dear Sir

I have received your favour of the 23d Ult°- together with the Militia Commissions which I shall distribute accordingly.

Two or three days ago I received Information that Lawrence Blasius & german Taylor an Inhabitant of Can- ajoharee, has inveigled two young Indians of that Place to accompany him to England, these Indians being of George Klocks party one of them airways living at his house, there is great Reason to think that he is principally con- cerned in sending them on some of his customary Fraudu- lencies. The Canajoharees on hearing of their Depar-

286 THE COLDEN PAPERS-1761-1764

ture sent to me, desiring their Journey should be stopped, as they were ignorant of the Cause of it, and justly ap- prehend they go on no good Design. I shall be glad you will please to take this into Consideration, and do therein what you may think necessary, as also favour me with your Sentiments about it.

I understand Mr Lydius is making great preparations, and furnishing himself with a Number of Claims &ca, to his large Tracts of Land, and that he will set out for England by the Way of Quebec early in the Spring, I thought it necessary to give you this Information, as it may in some Measure concern the Province to be Timely apprized thereof. He intends likewise to prove the just Title of the Connecticut People to the Susquehanna Lands.

I am oblidged to you for your friendly Declaration in behalf of Mr Johnson, he will accordingly get the neces- sary Certificate and Petition but before that can be done, I shall take it as a favour if you'll acquaint me, whether he may have his Share in one of the following Places, viz1 about the Landing at Tiyondarogo, about half Way Creek near Lake George, about Otter Creek Lake Cham- plain, Isle a la Motte or on the West Side of the Lake near Crown Point, otherwise about Putnams Landing be- tween Tiyondarogo and the former, that he may preferr his Petition accordingly.

I am with ye utmost Esteem & Respect Dear Sir

Your most Obedient & most Humble Servant,

The Bonnie Wm' JOHNSON

Lieut. Governour Colden.

From Gen. Jeffery Amherst

Pall Mall [London, Eng.] 4th February 1764 Dear Sir

Captain Clarke has delivered me your very kind and obliging Letter of the 10th December; my passage was

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very far from being agreeable, we had allmost a continued and violent storm of wind, after a few days of fine weather that took us clear of the American Coast, and various distresses, of the Ship being leaky, losing our Mast, and being very much out in our reckoning, rendered our Voyage very disagreeable, which happily ended on the 124th December that we landed at Falmouth, and certainly did not lessen the pleasure and Satisfaction that every one must feel on setting their Feet on shore after a five weeks Voyage; The gracious Reception the King was pleased to honour me with on my Arrival here, made me very happy, and since that time to this I have been in a continued Hurry. I am told L1 Davis purposes to sail some time this week and as I am going out of Town for a few days, I would not omit seizing the occasion of Davis's departure to make you my sincere Acknowledg- ments for your remembrance of me, and to assure you, that should anything offer in this Country, wherein I can be of any Service to you, it will give me pleasure to have repeated opportunities of convincing you that I am with the most perfect Truth and Regard Dear Sir Your most Humble and most obedient Servant

My Brother desires to JeFF- AMHERST

joyn me with his due Compliments to Yourself and Family. J A.

Honorable Lt. Governor Coldbn.

John Watt's Receipt for Air. Monckton

Reca 14th Febr 1764 of His hon. The Lieut. Governor Two Hundred & Twenty five pounds for Gen1. Moncktons half of the Governments Salary from 1 Septr to 1 Dec1" last being on Quarter £225 Jn0- Watts

[Indorsed] Mr Watts Rec* for % of 1 Quarters Sallary for Mr Monckton

£225:0:0

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From Gov. William Franklin

gir Perth Amboy [N. J.] Feb17 24, 1764

An Act being passed in this Province for raising a Number of Troops (not exceeding 600) for the King's Service, in Proportion to what the Colony of New York has raised, or may raise, I must desire the Favour of you to certify to me what Number you have now in the Pay of your Government. And if there should be any Addi- tion made to your Troops during the Year, I must like- wise request that you would be so good as to acquaint me with it from time to time as there may be Occasion. The Honourable John Stevens, Esqr one of the Council of this Province, will present you this Letter, and I should be glad you would deliver to him the Certificate above mentioned.

I am, with the greatest Regard, Sir, Your most obedient humble Servant

The Honourable Wm. FRANKLIN

Governor Colden

From Peter Collinson

Ridge Way House feby 25: 1764

I am Here Retired to my Sweet & Calm old Mansion, from its High Elevation, Look 40 or 50 Miles round Mee on the Busie Vain World below Envying No Man but am truly thankfull for the undeserved Blessings Good Providence hath pleased to conferr on Mee

With a Pious Mind filled with admiration I contem- plate the Glorious Constellations above, and the Wonders in the Vegitable Tribes below I have an Assemblage of Rare Plants from all quarters the Industrious collection of forty years Some or other of them all the year round & all the Seasons through are delighting my Eyes, for in the Depth of our Winter, the plants from the Alps, Siberia

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& the mountains of Asia exhibit their pretty flowers and anticipate the Spring the Black Hellebore with its Large white Flowers the acconite with its Golden Clusters, these show themselves before Xmas for that reason the First is called the Xmas Rose Primeroses & Polyanthus, Wall flowers & some Violets & Single anemonies flower all Winter, unless a snow happens to fall, which is seldome it seems a Paradox (considering our Latitude) to tell Foreigners that Vegetation never ceases in England

I am this Instant come in from Seeing your Skunk Weed (arum Betafol) its Early appearance & its singu- larly spotted flowers attracts the notice of Everyone it hath been now a month in flower by this you may Guess the difference of Seasons with you & Us

But this Winter (if it may be called so) is very differ- ent from all that has been remembered Wee have had as Mild & Warm, but then, it hath been Dry, Suney & pleasant. Whereas This hath been continued (I may say dayly) Rains, if a few frosty Mornings, certainly Rain at Night Moist & Warm but attended with Hurricane Winds & the air so beclouded it was rare to See the face of the Sun the consequences of Such Inclement Weather hath been more Shipwrecks & Inundations then ever was known in One Winter it is very affecting to read the very Deplorable accounts from Time to Time The Loss of Sheep & Cattle drown'd, advances much the price of Provision, but Thank God from the plenty of Last year (tho' a bad Ha[r]vest) our Bread keep[s] under 12d a peck Loafe and Wee have been able to Supply vast Quan- tities to our Indigent Neighbours, I am assured Some Weeks 8 & 10 Thousand Quarters of wheat has been shiped off for France Portugal Spain & Italy, this Trade brings in Great Riches, l>eing a Surplus that Wee can Spare without Prejudice to ourselves.

When I look back & consider the Poor state of Agri- culture Here, in the last Century, it affords a pleasure I can't express to see our extensive Improvemts made in This Age. Then the Citty of London imported annually

290 THE COLDEN PAPERS-1761-1764

Polish wheat from Dantzick (to the Enriching foreigners) to fill Our Graneries, for Our culture of wheat was so Spareing, that if a Crop failed, a Famine was like to Ensue, to prevent this Terrible Calamity the Citty pru- dently sold it out One year under another but the Dant- zick Corn Trade hath been long left off— Instead of buy- ing Wee annually Sell to Our Neighbours.

As often as I survey my Garden & Plantations it re- minds Mee of my Absent Friends by their Living Dona- tions— See there my Honble Frd Goverr Colden how thrifty they look Sr I see nobody but Two fine Trees a Spruce & a Larch, thats True, but they are his representa- tives, but See close by how my Lord Northumberland aspires in that Curious Firr from Mount Ida, but Look Yonder at the Late Benevolent Duke of Richmond, His Everlasting Cedars of Lebanon, will Endure when you & I & He is forgot, see with what Vigor they Tower away how their Stems enlarge & their Branches extend But pray what are those pines Nove[l]ties rarely Seen— that Elegant one with five Leaves is the Cembro Pine from Sibiria, the other Tall Tree is the very long Leaved Pine of 10 or 12 Inches from So. Carolina they Stand memen- tos of my Generous Frd the Late Duke of Argyle that Gentle Tree So like a Cypress looks uncommon, thats the Syrian Cedar the Seed was gave Mee by Sr Charles Wager first Lord of the Admiralty gathered in the Isle of Iona, in his Voyage to convey Don Carlos (the Now K: Spain) to Naples.

But those Balm Gilead Firrs grow at a Surpriseing rate it is pleasant to See, but they renew a concern for my Dear F1^ Ld Petre, they came young from his Nur- serys, with all the species of Virginia Pines & Cedars but that Firr that grows Near them is remarkable for its Blewish Green, that was a present from my Worthy Frd Sr Harry Trelawny, it is called the black Spruce He had it from Newfoundland, it grows delightfully regard but ye Variety of Trees & Shrubs in this plantation as moun- tain Magnolia, Sarsifax Rhododendrons Calmias & Aza- leas &c &c &c all are the Bounty of my Curious Botanic

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Friend J: Bartram of Philadelphia and those pretty- Fringe Trees, Halesias & Stuartia all Great Beauties I must thank my Frd Mr Clayton the Great Botanist of America. How Fragrant that Allspice, how Charming the Red flowd Acacia Great Laurel Leafed Magnolia & Um- brella Magnolia & Loblolly Bay these Charming Trees are the Glory of my Garden & the Trofies of that Friend- ship that Subsists between Mee & my very obligeing Friend I : Lambol Esq of South Carolina

Thus Gratitude prompts Mee to Celebrate the Mem- ory of my Friends amongst whome you have long Claimed the Respect & Esteem of yours Sincerely

P. Collinson

Cadwallader Colden to Captain James Clinton

Fort George 25th February 1764 Sir

The information I have Receiv'd from you and others, confirms me in the Opinion that the !fi Men Posted as an Inner Guard, under your Command, are not of that use for the defence of the Country, that they may be if joind with the others in the Outer Posts. You are therefore to Re- move those Jfi Men and Officers, from their present Sta- tions among the Inhabitants, and distribute them in the Line of Posts along the Minissink Road, in such manner as you shall Judge will best Answer the purposes of Pro- tecting the Country and Defeating the Ennemy. The Season is now comeing on in which you must expect the Indians will attempt incursions upon the Country. A Vigorous Repulse to their first attack may be of singular Service to deter them afterwards; for which purpose the strictest Dissipline, and vigilant attention to the Service you are upon, are perticularly necessary I am

Your humble servant

Cadwallader Colden

Captn James Clinton

Commandant of the Two Companies of Guards on the frontiers

of Ulster & Orange

292 THE COLDEN PAPERS— 1761-1764

From Sir William Johnson

Johnson Hall Febry 28th 1764 Dear Sir

I have Just received your favour of the 19th Ins1- as also a letter $ Express from Govr Penn representing the late audacious & wicked attempts of the Rioters to mur- der the Indians under the protection of Philadelphia, as also his apprehensions concerning their future safety- there, on wh Ace1, he purposes sending them by land thro this Government, or else by Water from Amboy to Al- bany, the former may Subject them to too many insults and hazards, and as I am well satisfied that should these Indians or any of them fall a sacrafice after what has already happened, it will prove highly prejudicial to our Affairs, as well as dangerous to the publick security.

I cannot avoid recommending the proposal of trans- porting them by Water to Albany, after which I shall dis- pose of them amongst the Indians here till matters are accomodated, if this is Judged adviseable a line from you to Govr- Penn will enable him to take ye necessary steps without loss of time.

Whenever anything farther transpires relative to Mr Lyddius, I shall let you know it. I am told that one of his Sons has been lately thro ye Country & a Justice of the Peace one Friee (who lives a little below Albany) to obtain Affidavits, for w1 purpose I know not, but prob- ably in support of some of his Claims. Isle La Motte is supposed to be to the Southward of the 45th Degree of Lattitude, but perhaps on future observation it may ap- pear in the Quebec Government, the Lands above the Great Falls on Otter Creek may be good, tho a good deal out of the way for a Small Tract. There is a small Peice of Land within about 3 Miles of Lake George on the Road leading from Fort Edward, Please to inform me whether it can be granted; but I find at the back of my Pat tent here, and at ab1 12 Miles from the River a Small peice wh is an interval. I should be greatly oblidged to You, if you would grant it, on the Indians con-

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senting thereto, Lieu* Johnson will have a Certificate shortly from General Gage as you desire.

There are now Several Parties marched against the Enemy, one of them amount to about 200 Indians, many more are daily collecting to follow them. My whole time is occupied in Conferences, fitting out parties &ca The Indians will not be discouraged by the rigour of the Season. The parts I have sent them to, are the Forks & Branches of the Ohio, and Susquahana where many of our Enemies reside, & the Alacrity which our freind Inds manifest gives me great reason to hope I shall shortly have the pleasure of acquainting you that they have in a great measure destroyed & removed these dangerous Enemys who have infested the Neighbouring Frontiers. I am Sir with the greatest Esteem Your most Obedient Humble Servant

Wm- Johnson P.S. One Mr Tice of Schenectady has been mentioned to me a verry proper Person for a provincial Company. I must beg leave to recommend him to yr Notice should such be raised, as He has served as an officer several years.

The Honr*>ie Lieut Govr Colden

From Sir William Johnson

Johnson Hall March 16th 1764 Dear Sir

I have had the pleasure of your verry kind favour of the 9th Ins1., and in addition to the Success of my first Party, I have the pleasure to acquaint you that another Party of only ten headed by Thomas King which I had lately sent out, met with a party of Nine Delawares who

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were Singing their War Song against the English, on which they imediately killed & Scalped One & took three Prisoners who are now on their way here, this is but a small affair, but as it is the first who has been killed by our Indians it will prove of some consequence & I have reason to expect good news daily from the other Partys.

The first Prisoners taken arrived here yesterday, & this morning I sent down 14 Men of them to the care of Lieu1- Co11, Elliot at Albany, one of ye stoutest remains wounded at Oghquagoe, & I was oblidged to give them People 5 Prisoners for their good behaviour others to the Oneidaes Tuscaroras Ondagaes & Mohawks & to detain four myself which I distributed amongst the most de- serveing, to replace Persons deceased, for which purpose the rest were given agreable to the Indian Custom.

The consternation our Enemys are in on Acctt of our Employing Indians against them is verry great, and will I hope soon be the means of bringing ye disaffected to our Terms. Near 400 Senecas &ca are comeing here to make some proposals. As the Oghquagoes are verry apprehen- sive that their Familys may suffer by the Enemy in the absence of their Warriors, I thought it verry necessary at this time to comply with their request of a Guard, & ac- cordingly sent them an officer & 30 Men from the Cherry Valley & Scohare Garrisons, with 6 of the Militia, and the General having given me the direction of the Pro- vincials at the German Flatts I have ordered Oghquago to be reinforced by a Detachment of a Captn- 2 Subs & 60 Men, & sent the like Number to Canowaraghare & Vil- lage of Oneida's whose men are all going out agst y6 Enemy, these Garrisons for the Inds- will not be required for above four or five Weeks, and will greatly forward the Service by the encouragement it will give the Indians.

I cannot but agree in opinion wth the Councils that the Wialoosings &ca might give bad impressions to the rest, but I was determined, & prepared to guard against that and hoped to be able to remove any unjust sus- picions they might conceive, haveing (without vanity I may say) a greater Influence now over the many Nations

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in our Alliance than ever. However, as General Gage informs me that he has proposed an Asylum for them in Burlington Barracks, I think it will answer verry well for the present.

Captn- Duncan of Schenectady has requested I would represent to you his request whether he may have his pro- portion of Land, He sold out of the 44th Regiment, but thinks he may claim some Title on Accu of the Service he performed last year as will appear from Lieu1- Co" Campbels certificate.

I only mentioned that peice in favour of Captn John- son as it was an interval of no great consequence but as that cannot be done, shall request the favour of it on either the one Side or the other adjoining to the grants between Fort Edward & Lake George, if you will be kind enough to approve of this he will imediately send his Petition & the certificate he has procured.

One Lieu1 Hillyer has applied to me representing his haveing been a LieuL in ye Yorkers for 6 Years, & begged I would recommend him to yr remembrance for a Com- pany in case any Troops are raised in addition to those in the Service.

I return you many thanks for acquainting the Min- istry with the late affair by return of the Packquet as it is not in my power to write time enough being so hurried.

I am with the greatest sincerity & Esteem Dear Sir

Your Most obedient Humble Servant

Wm Johnson

The Honrble Lieu1 Govr Colden

David Colden (?) to David Ogden

Sir

Some of the Proprietors of Minissink Pattent have brought Ejectments against three Persons holding Lands within Evans's Pattent which they claim : the controversy in these Cases will be the same as in the Suit determined

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last Year between Clows and McNeal. My Brother Mr Woodall & some others are appointed by the Persons concern'd with the Defendants to Act for them and Mr Woodall when lately in this Place desired me to inform you that they intend to Employ you as Council in the Suits now depending, & hope it will be agreable to you to go to Kingston on the Tryal. Messrs Livingston, Duane, Kemp and Wickham are Employed for the Defendants, and are preparing a Brief, a Copy of which will be sent you, or carried by the Person who will wait upon you from the Defendants. I am

Sir Fort George 4th April 1764

David Ogden Esqr

[Indorsed] Draft of letter to Mr Ogden r

From Sir William Johnson

Johnson Hall April 6th 1764 Dear Sir

I have been favoured with your verry freindly Letter of the 26th Ulto., and I am sincerely oblidged to you for the esteem you have shewn for me in ye satisfaction you express at our late successes. I have the greatest reason to expect a good Account of the Partys now upon Service from their zeal & readiness. My Son set out with about 200 last Week, and a body of the same Number were gone before him.

Your observations concerning the Chenussios were verry reasonable, if they neglected to make proper con- cessions, but on the contrary I have the pleasure to ac- quaint you that they have agreed to the several Terms of which the general approved, they are to deliver up the 2 Murderers of Kanestio, all our People who are among them whether Prisoners, Deserters Negroes &ca. & cede to his Majesty all the Lands from Niagara to the Falls on both sides of the strait, with Several other necessary

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points. They have even desired to be employed against the Shawanese & Delawares, and sent to call away all their People from amongst them, and are to leave three of their Cheif Men Hostages for the performance of the Several Articles of Peace, all which, plainly shews that they repent of their late conduct, & their desire to regain our Esteem.

The rest of the Confederacy are prepareing to Ac- company the Troops, whose Success will be greatly fa- cilitated from the losses I daily expect to hear the Enemy have Sustained and which will free us from the Delawares & Shawanese the most inveterate Enemys wh the North- ern Colonies have hither to had to deal with.

I am to meet the Senecas, & Westeren Inds at Niagra the latter End of June, in order to Settle & ratify a gen- eral Peace with them, I have reason to expect the Twight- ivees will support the Shawanese &ca, but I hope this Alliance will enable me to bring them to reason.

I am much oblidged to you for ye desire You express to serve Cap1 Johnson, & am sorry you have been so much troubled on the Subject, as he is unacquainted with the parts of the Country back from the Hudsons River, & ignorant how far the same is pattented. I must once more submit it to you whether there is not vacant Lands at the back of Scochticoke or Sanekaik Pattents, or any of those on the East Side of Hudsons River. I think a grant was made last year not far from Saraghtoga to one Mr Campbel, an officer, perhaps this might be granted alongside of his, or at the back of it, or of some of the other Pattents in that quarter.

Now that I am on the Subject of Lands I must re- quest your advice concerning the Tract given me by the Conajoharees in the year 1760, by which the Present Kings Instructions a stop was put to it at that time. I have laid aside all thoughts of Tracts for which I have the most fair Title from the Indians, and wh few who had the same pretensions to them would have neglected, but it would be an Injustice to my Family to give up all my pre- tensions.

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Altho this Tract is as a free gift from the Indians, yet I gave them above 1200 Dollars after Signing & deliver- ing me the Deed which was done in the most public man- ner by all the Indians, of that Castle, who from thence forward consider it as my property. I am therefore de- sireous to take the same up agreable to the last proclama- tion, as there can be no Objection to this at present, after it has passed the forms prescribed, which the Indians are always ready to comply with. I would take the liberty of proposeing yr Acceptance of ten thousand Acres there- in, on remitting ye Pattent Fees, the Land is verry fine, and capable of makeing good Settlements. I can there- fore recommend it as well worth notice, and as I am re- solved on Settleing the Affair as soon as possible, & the readier make this proposal to You, as what I apprehend would answer the conveniency of both. You will please to favour me with your Answer hereon, as Lycences are now unnecessary, I Suppose it is sufficient to have a Meet- ing with the Inds previous to taking out the Pattent, for should the former steps be requisite, I should sooner take other measures for obtaining it than struggle with an op- position, but as I understand the Proclamation, Affairs of this Nature remain with each Governour & consequent- ly can be soon Settled.

I am with all regard & Esteem Dear Sir

Your most sincere Welwisher & verry Humble Servant

Wm Johnson

The HonrbIe Lieu1 Govr Colden

From Earl of Halifax

S*. James's [London, Eng.] April 12th 1764 Sir,

The Bearer, Mr Hasenclever, having collected a Num- ber of Germans skill'd in the working of Iron Mines, and the Culture of Hemp and Flax, and being going to North America to prosecute Undertakings of those Sorts either

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in New York or Virginia, I take Leave to recommend him to Your Favour & Protection, upon all Occasions in which such Support may be properly given to promote the Suc- cess of his Endeavours in Matters of so much National Importance.

I am informed he is a Gentleman of Reputation and considerable Property, and that he will be found deserv- ing your attention and Encouragement. I am with great Truth & Regard, Sir, Your most obedient humble Servant Dunk Halifax

Cadwallader Colden Esqr j Lieu* Governor of New York (

[Indorsed] from Ld Halifax

From Earl of Halifax

S\ James's [London, Eng.] April 14th 1764. Sir,

The King having thought proper, in Consequence of the Advice and Opinion of His Counsel learned in the Law to cause publick Notice to be given, in the London Ga- zette, to the Owners, Masters &ca of Prizes taken and ransomed during the late War, that, unless they forth- with satisfy the Ransom Bills, for the Non Payment of which several of His Majesty's Subjects have been for a considerable Time, and still are detained in the Prisons of France, They shall be prosecuted for the same in His Majesty's Court of Admiralty: and it appearing, by Pe- titions which have been presented to me, that David Vanhorne, John Bogard Junior, and Richard Sharpe of New York were Owners of the Ship the Dove, taken on the 18th of January 1762, for the Ransom of which Vessel Henry Constant doth still remain a Prisoner at Bour- deaux, I herewith transmit to You a London Gazette, containing the said publick Notice, and am to signify to you His Majesty's Pleasure, that you do, accordingly, call upon the said Owners forthwith to cause the Ransom

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of the said Ship the Dove (being 30,000 Livres Tournois) to be discharged, and in case of their Neglect or Refusal, that You cause Prosecution to be commenced against them for the same in His Majesty's Court of Admiralty, within your Government.

I am with great Truth & Regard, Sir, Your most obedient humble Servant Dunk Halifax

Lieu* Governor of New York

[Indorsed] Earl of Halifax.

From Robert Charles

Golden Square London

14th April 1764 Sir

I am to acknowledge the Honour of your Letter of the 10th of Feby. and to thank you for the Communication you are pleased to make to me of your Letter to the Lords Commissrs for Trade & Plantations, & of your Remarks on the disputed Boundaries with Massachusetts and New Hampshire, of which I will endeavour to make a proper Use for the Service of the Colony knowing that in these Points I can no where receive clearer & better Instruc- tion. Your Letter to their Lordships will I hope rectify the mistaken Sentiments in two Reports touching the Massachusetts Boundary, owing I think to the undue Authority given to Colonel Nicholls Letter to the Duke of York in Novemr 1665, whereon your Remarks are so just & strong.

The Memorial of the Merchts of N York, whereof I am informed a Copy was presented to you, Sir, in order to be transmitted to the Board of Trade, comes too late for this Session, which will end before Easter, & wherein an Act laying several Duties on the American Trade has been passed whereof I send herewith a Copy Another Act will likewise be passed at the close of this Session to prevent for the future any Paper Bills of Credit being

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made a legal Tender whereof when passed I shall trans- mitt a Copy. A state of the Paper Currency of the Colo- nies is likewise ordered to be prepared against the next Session of Parliament.

I have the Honour to be with great Regard Sir Your most humble & most obedient Servant

R. Charles

Honble Mr Coldbn.

Cadwallader Colden's Order to Enter a Nolle Prosequi in Suit of the King Against Theophilact Bache

TO HIS MAJESTY'S ATTORNEY GENERAL FOR THE PROVINCE OF NEW YORK WHEREAS Theophilact Bache of the City of New York Merchant with others did enter into Bond at the Custom House on the fourth Day of December in the Year of our Lord one thousand seven hundred and fifty seven for landing the Cargoe of the Ship Prussian Heroe at the Island of Jamaica and for producing a Certificate thereof within twelve Calendar months, for the Penalty of which Bond a Suit is now depending in the Supreme Court of Judicature for this Province as I am given to understand by the humble Petition of the said Theophilact Bache In Consideration of which said Petition I do hereby re- quire and authorize you forthwith to discontinue all Suits & Proceedings upon the same Bond and to enter Nolle prosequis upon the Rolls of the Causes or in the minutes of the said Court, and to take all such Measures as may be necessary to quiet the Parties from all Manner of Vexation by Reason of the Bond aforesaid GIVEN under my Hand and Seal at Arms at Fort George the Seven- teenth Day of April Anno Domini 1764

Cadwallader Colden

[Indorsed] 17th April 1764 The King \ orders to enter a

Theophilact Bache J Noli prosequi

31st Octr 1765 Lieu* Govr sealed Writ of Error

302 THE COLDEN PAPERS-1761-1764

From Sir William Johnson

Johnson Hall April 20*1 1764 Dear Sir

I have the pleasure to acquaint you that on the 16th Ins1. I received letters informing me that the 1st Ins* Cap* Montour with 140 Indians & Some White men Sett out from Oghquago, and on arriveing at the first of the Enemys Towns found the same abandoned which he burned, it consisting of 36 Houses built of squared Logs with good Chimneys, from thence He went to & [sic] burned another of 30 Houses, with 4 Villages, and then proceeded for Kanestio which he likewise destroyed, it consisted of 60 good Houses with 3 and 4 Fire places in each of them, here, & at the other Towns He found a large quantity of Indian Corn which he destroyed, as also a great number of Implements of Husbandry which they had taken from ye Inhabitants with many new Saddles &ca. Several Horses Horned Cattle & Swine, the most of them in such a poor condition that He killed them all, but about a Dozen wh they carried of with them. Haveing effected this Service, Partys were Sent after the Indians who had fled several days before and many others are gone in pursuit, who I have reason to hope will give a good ac- count of them.

A Large Body of our Freind Indians are in readiness to Joyn the Few Troops who are to proceed this way whilst I shall endeavour to get another Body to Join the Troops from Fort Pitt, but as a peace is to take place with the Senecas & Westeren Indians, the Shawanese & Delawares will probably be reduced by the Indian Partys, as they will in all likelyhood retire to such places as will render it impracticable for the Troops to follow them.

I am with ye most perfect Esteem Dear Sir

Your most obedient & most Humble Servant

Wm- Johnson P.S. Yesterday Cap1. Montour with some of his Party arrived here,

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& brought with them the Scalp taken sometime ago by Thos. Kings Party. They say it is that of the Cheif Delawares Nephew, now our most active & inveterate Enemy, they also brought with them one Emanuel Hover of ye Raritans, taken last Fall by the Delawares at Wioming.

I have yesterday Secured, & shall tomorrow Send to Albany, an Indian who has been here as a freind some time, but was at length by some of the Inds. found out to be a bad Man.

The Honrble Lieu1 Govr Colden

William Johnson to David Colden

Brunswick 22d April 1764 Dear Sir

I find by your papers that the Steeple of Trinity Church has been struck with Lightning. Was it furnish'd with a conducting rod? If it was, did the Lightning fol- low it the whole length or did it strike out in any part between the two extremes? Was any part of the rod melted and Where? Do you think that any circumstance in it makes against Dr Franklin's method of preserving Houses and other edifices from Lightning? If the rod was melted of what size was it, if possible to determine the thickness necessary for these rod? Can any part of it that shews the melting be procured? An answer to any or all of these questions either from good Authority or your own observations would be laying me under the greatest obligations possible. I am preparing an answer to your last papers & hope to strengthen my Arguments with some new observations. My best respects to the Governour your honoured Father. Pardon this piece of trouble and believe me to be with sincerest regard Your obliged Friend & humble Serv1.

William Johnson

304 THE COLDEN PAPERS— 1761-1764

I shall be in Philada in a few days [Indorsed]

D. P N Brunswick 1 8

To Mr David Coldbn In New York

From Sir William Johnson

Johnson Hall April 28th 1764 Dear Sir

I have the utmost pleasure in ye verry freindly Ex- pressions, and the satisfaction you have declared in your favour of the 15th Ins1, concerning my endeavours for the public good, and I shall think myself always happy in maintaining your Freindship & good opinion.

I am now prepareing to sett off a good party of In- dians with proper officers, & a few Whites from these parts, who are to proceed in a day or two to Niagra in order to secure the Carrying place there, & prevent the Enemys burning the Vessels now on the Stocks, which has been (as it is reported) threatened by them. A Re- port prevails that the Westeren Nations about Detroit notwithstanding their declarations to Major Gladwin are collecting to the Number of 2000 with designs agst that & Niagra carrying place, but I am hopefull that the Belts I lately sent to these Nations, and the Speedy appear- ance of the Army with a good Body of Indians I shall procure to accompany them will check any Attempts which may be intended against the English.

I am oblidged to you for your designed favour to Captn- Johnson, and I herewith enclose you his Petition, with a Certificate from the General. As his Services are at this Juncture much wanted here as my Deputy, I flatter myself you will be kind enough to dispense with his personal attendance.

I have a Just sense of your Freindship towards me con- cerning the Tract of Land wh I am desireous to procure a Pattent for, and I shall within a little time be able to

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write to your Son for the Deputation of a Surveyor to run the Lines. It will give me infinite Satisfaction to see you at this place, and I hope a Journey hither may in some measure contribute to your Health & amusement as well as prove an agreable relaxation after your close attendance & business at New York. I daresay the Af- fair will not meet with much opposition, according to either of the Plans you propose, & therefore I shall loose no time therein, after the present hurry is over in the meantime it shall be kept with the utmost privacy by me. I am with ye greatest Sincerity & regard Dear Sir

Your most obedient & most Humble Servant

Wm Johnson P.S. The Inhabitants of Cherry Valley who are apprehensive that some Sculking Enemy may take advantage of the absence of the Oghquagoes, & fall upon Cherry Valley have represented their ardent desire to have the Company raised for its defence, continued there a Couple of Months longer.

The Honr^e

Lieu1 Governour Colden

From Charles Ward Apthorp

Sir,

A fortnight is now pass'd since I waited upon you with a Copy of the Mandamus by which His Majesty has honor'd me with a right to a Seat in His Council for this Province, without my receiving any notice from you whether you thought fit to shew that regard to it that is generally esteem'd due to the King's command; I am therefore under the necessity of applying to you again, either for admittance to that Honourable Board, or for a return of the Mandamus, as I think my charecter & reputation so much affected by the doubt you have shewn

306 THE GOLDEN PAPERS-1761-1764

of the authenticity of it, that I can not in justice to myself avoid making a proper application in England for an Explanation of the matter & I hope you will not deny me your reasons in writing for the refusal you have been pleas'd to give me, as they may prevent any misrepre- sentation on my part.

Beleive me Sir, I do not desire admittance to the Council as a favor; but as His Majesty has been gra- ciously pleas'd to confer that Honor upon me, I think I have a right to demand it; which I hereby do, on the Authority already shewn you by

Your very hum Serv*

Ch W. Apthorp Bloomandale May 1 1764

To

Honble Cadwallader Golden Esq

David Colden to William Johnson [Copy]

Fort George 7 May 1764 Dear Sir

I with pleasure Answer your's of the 22d Ult° which every opportunity of giving you satisfaction will afford The Steeple of Trinity Church is furnished with a Con- ducting Rod, not less than half an Inch Square the Point above the Weather Cock is very Long & Gilt, I be- leive the whole is well executed unless it be the joinings of the parts of the Rod, at each of which there is a large knob of Iron. The Point of the Rod is not melted or any alteration made in it, that we can decern from the ground, nor is the Conducting Rod broken in any part The Lightning struck into One of the Urns, of which there are four upon the Corners of the Square Column of the Stee- ple, above which the Conical Spire rises more than a Third of the whole highth— the stroke broke off some pieces of wood from the foot of the Urn, but no effects nor its path cannot be traced lower down, which shews it

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must have been a weak stroke Some Gentlemen who live near the Church took notice that the Clouds were remarkably low, & had observed to each other that they appeard considerably lower than the top of the Steeple, just before it was struck. One family were so much allarmd by the nearness of the clouds & a little Thunder, that they ordered the fires in the House to be put out, for fear of accidents, before the Steeple was struck. Con- sidering the situation of the Urn, which I beleive is 50 or 60 feet below the top of the Spire, & not more than 15 feet distant from the Center of the Base of the Spire it appears extreamly improbable that the Cloud, from whence the Stroke issued, was above the top of the Spire, and from the remark of the Gentlemen who noticed the Clouds [there] is great reason to beleive the Cloud was really below the Point of the Conductor. And if so, this Instance will not in any degree invalidate Dr Franklin's method of Preserving Houses from Lightning, but shews that in such high Edifices a Point & Conductor may be necessary at some place below the extream highth.

I have for some years past made a remark that much more damage is done by Thunder in the Winter Season, & before the warm Weather comes on, than in the Sum- mer— in short I think we rarely have, even commonly hard Thunder, in cold Weather without finding some place struck by it. Have you made any such observation? May it not arise from the Frost & dry weather, rendering the Trees, timbers &c &c even the Earth, less fit for con- ducting & dispersing the Lightning, than they are in the Warm moist Seasons.

I long for your answer to my last papers, that, & every time you favour me by hearing from you, and communi- cating your Entertaining & usefull observations will greatly oblidge

Yr affect Humble Servt,

D. C.

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From the Board of Trade

Whitehall May 11th 1764. Sir,

We send you herewith a Copy of an Address from the House of Commons to His Majesty of the 5th of the last Month, and desire you will forthwith prepare and trans- mit to us as soon as possible the Account therein required, that the same may be laid before that House the next meeting of Parliament. So we bid you heartily farewell, and are

Your very loving Friends and humble Servants,

Hillsborough Soame Jenyns Ed: Bacon Ed: Eliot Geo: Rice Orwell J. Dyson Bamber Gascoyne

Cadwallader Colden Esq1"

Address from the House of Commons to the King [Copy]

House of Commons,

5th April 1764. Resolved,

That an humble address be presented to His Majesty, that he will be graciously pleased to give directions to the Commissioners of Trade & Plantations, to prepare, in order to be laid before this House, the next Session of Parliament an account of the Tender and Amount of the Bills of Credit, which have been created and issued in the several British Colonies and Plantations in America, as well those under Proprietors and Charters as under His Majesty's immediate Commission and Government, since January 1749; distinguishing the Amount of the

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same in each Colony and Plantation, and the respective times when such Bills were issued, with the Amount of the said Bills in Money of Great Britain, both at the time when such Bills were issued, and at the time of preparing the said Account, and also the times fixed for the calling in, sinking and discharging such Bills, and the Funds ap- propriated for that purpose.

[Indorsed] Lords of Trade

May 11* 1764 1764 July 10. Read in Council

From Earl of Halifax

S1 James's 12th May 1764 Sir,

I have received, and laid before the King, your several Letters, the last of which is of the 10th of March, and I have the Pleasure to acquaint you that His Majesty approves Your Zeal and Attention in suggesting what- ever you think may be conducive to His Service with re- spect to the Conduct of the Indian War, or the Means of establishing a safe and lasting Peace: And it is hoped that you have communicated, and will continue to com- municate, your Thoughts upon Indian Affairs, in which you have so much Knowledge, and Experience, to Gen- eral Gage and Sir William Johnston.

It were much to be wished that the several Colonies, whose Assistance was required, had chearfully exerted themselves to raise the full Numbers of Men demanded of them by His Majesty's Commander in Chief in order to put a speedy End to the Indian War. His Majesty observes, however, with Satisfaction that amidst the general Backwardness which has prevailed in the neigh- bouring Provinces, the Assembly of New York has dis- tinguished itself, by enabling you to raise 500. Men for the general Service, and 300. for the Protection of the Western Frontier.

The Difficulties which you labour under from the

310 THE COLDEN PAPERS-1761-1764

Want of Strength in the hands of Government, to secure His Majesty's Rights, and inforce the Laws of Trade, arising from the various Causes which you mention, de- serve, as You justly observe, the attention of His Majesty's Ministers. And as the Relief which you pro- pose is for the present, to arise out of His Majesty's Quit Rents, the Management and application of which belong to the Department of His Majesty's Treasury, I lost no Time in communicating your Letter to the First Lord of that Board, who, I doubt not, will duly consider the Im- portance of the Evils which you represent and the Ex- pediency of the Remedies which you propose.

I have also transmitted to the Lords Commissioners of His Majesty's Treasury a Copy of your Letter of the 8th of March, concerning the Seizure of a Ship and Cargo by the Sardaigne, and the Claim of Captain Hawker to one Half of the Forfeiture.

I am with great Truth and Regard, Sir, Your most obedient humble Servant

Dunk Halifax

Cadwallader Golden, Esq1" Lieu1 Govr of New York [Indorsed] Earl of Halifax

From Gen. Thomas Gage

New York May 19th 1764 Sir

I take the earliest opportunity in my power to inform you, that the Gentlemen who arrived in a Vessell yester- day evening, from Mobile have brought me dispatches from the Officer Commanding the 22d Reg1 by which I understand We proceeded up the Mississippi, with that Corps, destined to take possession of the Illinois, but in the course of Twenty two days, had not reached above Seventy five Leagues, on account of a violent current that setts down that River, that on the Twenty Second Day the Boats that led, were fired upon, & some Men killed

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& wounded, that finding both sides of the River lined with Indians, tho' they did not show themselves, & that from the over flowing of the River, which had laid under water, all the borders, it became impracticable to Land the troops. In this emergency it was thought best to decline the Undertaking for the present, till we should be able to conciliate the Affections of these Savages ; and the Regi- ment are since returned to New Orleans, and some part come down to Pensacola.

My last advices from Sir Wm Johnson, mention that the Senecas on the Susquehanna being greatly distressed for provisions &ca, have sued to him in the humblest manner for peace.

I am Sir with great regard

Your most obedient Humble Servant

Thos. Gage

Honble Gove1, Colden.

From Gen, Thomas Gage

New York June 5th 1764 Sir,

I am sorry we could not have a meeting yesterday to celebrate His Majesty's Birth-Day together, which would have given me very great Pleasure.

The Trade with the Savages should certainly be re- strained till Peace is concluded with them: and if Peace does take Place, immediate notice should be given to all the Colonys. I am still uncertain as to the real Designs of the Detroit Indians the next Letters from thence will probably clear up affairs in that Quarters. The Dela- wares & Shawnese stand out stoutly, they have got on the Muskingham & Scioto, and make no overtures. They have certainly got Supplys from the Ilinois, & perhaps the Detroit Indians too, whether in great abundance or not, I can't say.

The inclosed came this Morning by the Packet, in my Dispatches from Sr Jeffery Amherst. I hear nothing new

VOL. YI

312 THE GOLDEN PAPERS— 1761-1764

by this Mail. The Parliament was to break up on the 12th of April. There is a Reinforcement going to India, and it's said Ld Clive goes again to Command the Com- pany's Forces. I am with great Regard, Sir Your most obedient humble Servant

Thos. Gage

Honble Lt Govr Colden

Instructions to Gov. Robert Monckton, relative to Fees of Public Officers

ADDITIONAL INSTRUCTION to Our Trusty and Wellbeloved Robert Monckton Esqr Our Captain Gen- eral and Governor in Chief of Our Province of NEW YORK, and the Territories depending thereon in AMERICA. GIVEN at Our Court at S* James's the Sixth day of June 1764, in the fourth year of OUR REIGN.

WHEREAS frequent Complaints have been hereto- fore made, that exorbitant Fees have been demanded and taken in the public Offices in several of Our Colonies and Plantations in America for business transacted in such Offices; and whereas it hath been represented unto us, that there is great reason to apprehend, that such un- warrantable demands and exactions are still continued in some of Our Colonies, particularly on the Survey and passing patents for Lands; and whereas such shamefull and illegal practices do not only dishonor Our Service, but do also operate to the prejudice of the public Inter- ests by obstructing the speedy settlement of Our Colo- nies; IT IS THEREFORE OUR WILL AND PLEAS- URE, and You are hereby strictly enjoined and required forthwith, upon receiving these Our Instructions to You, to cause fair Tables of all Fees legally established within the Province under Your Government, to be affixed up in every public Office within Your said Government, and

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also to, publish a proclamation in Our name, under the Seal of Our said Province, setting forth the Complaints and Representations, which have been made to us in respect to the exorbitant Fees demanded & taken in the public Offices of several of Our Colonies, expressing Our just Indignation at such unwarrantable and dishonorable Practices, and strictly enjoining and requiring all public Officers whatever in their respective Stations not to de- mand or receive any other Fees for public business trans- acted in their offices, than what have been established by proper authority, upon pain of being removed from their said Offices, and prosecuted with the utmost Severity of the Law; And it is OUR FURTHER WILL & PLEAS- URE, that you do also forthwith transmit to Our Com- missioners for Trade and Plantations, in order to be laid before us, an exact & authentick List or Table of all Fees allowed to, or taken by each Officer respectively within the Province under Your Government, specifying by what authority the Fees allowed to or taken by each Officer are established, and distinguishing such, if any, as are taken without any such authority.

G. R.

R. Monckton Governor of New York [Indorsed] Additional Instruction relative to Fees of publick Officer 7 August 1764 Read in Council

From Lord Hillsborough

Hanover Square, June 8th 1764 Sir

The King has been pleased to Grant 20,000 acres of Land to Major Skeene in such part of the Province of New York as he shall chuse ; which are the words usually inserted in Grants recommended by our Board, but I am desired by the Board to inform you that it is their wish & intention that this Grant should be made to him in

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that part where he has already begun to settle, &■ we therefore hope you will not in the mean time make any Grant of those Lands so as to interfere with this intention I am sir

Your most Humble & Obedient Servant

Hillsborough

[Indorsed]

Letter from Lord Hillsborough

1764 Aug. 7. Read in Council

From Earl of Halifax

S* James's June 9th 1764 Sir,

The Lords Commissioners of His Majesty's Treasury, upon Consideration of your Letter of the 8th of March last, concerning the Doubts which had arisen in New York in relation to the Distribution of Seizures made by His Majesty's Ships & Vessels, have informed me that if there was formerly any Doubt upon that Point, it is now removed by a Clause in an Act pass'd in the last Session of Parliament; I, therefore, inclose to you a Copy of that Clause, for your future Directions in all Cases of the like Nature.

I am with great Truth and Regard Sir,

Your most obedient humble Servant

Dunk Halifax

Cadwallader Colden Esq1" Lieu1 Gov1" of New York. [Indorsed] from Ld Halifax

From Sir William Johnson

Johnson Hall June 9th 1764 Dear Sir

I have been favoured with your kind letter of the 25th Ult°- and as I am in five or Six Days to set out for Niagra

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the Subject of the former letters must be deferred till my return which will be about the end of July or the middle of August.

With regard to trade I should think that nothing can have a better effect on the Indians then the prohibition of it for some time, which will make their wants the greater, & consequently point out to them ye inconven- iency & loss they sustain by a War with us, which they have not as yet sufficiently felt, at the same time it will be expected by all the Nations who make Peace that Trade be opened as usual and I shall promise them it on my return Home.

To prevent the Frauds committed in Trade, and Se- cure the Traders Lives & Propertys I would recommend that all Trade be prohibited in the distant Indian Towns, or att the Small Posts and Permits only granted for Detroit, Niagra, and Oswego. Michilimackinac is a good place for Furrs, but is not yet reestablished, but as for the other little Posts S1 Joseph, Miamis &ca scituate a great way up Rivers, and Surrounded by numerous Tribes of Indians, even should they be reoccupied, I can- not think them any way safe, unless we entirely adopt the French Maxim of purchasing ye Indians favour, and I am convinced that those Posts cannot be maintained even with 10 times the Numbers of the late Garrisons, unless the Inds are perfectly contented & approve of them, wh they never will do, but on the terms I have mentioned so that the Traders at the Small Posts, or in the Indian Country are liable to be murdered & plundered, when- ever a few 111 natured or dissafected Indians are disposed to quarrel, tempted by the sight of the goods or Irritated at the Frauds so often committed, I know the Traders are desireous to run any risque from the great gains in that part where they cannot be duely controuled, but I think they should not be permitted to go where they please as the Indians think nothing of comeing to the Posts I have mentioned, besides whenever a few Indians are Tempted to commit Robbery or Murder they expect no forgiveness and it commonly happens that a whole

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Nation will engage in the Quarrel, and induce theirs to take their parts and this requires but little persuasion from the prospect of so much plunder as may be found amongst the Trading People. If the Trade is carried on at ye principal Posts before mentioned, the Persons & Propertys of the Traders will be much more secure. The Trades will be more cautious of committing Frauds un- der the Eye of a Commanding Officer of some Rank & the objects of temptation, which so strongly excite many of the Indians, will be in a great degree out of their power. The Traders should be strictly restrained from hold- ing any Meetings, or sending Belts to any Indians, this some of them have done to invite Indians to them, and have invented Storys and mentioned the names of Per- sons in power the better to obtain their Ends. Neither will many of them Scruple to tell the Indians things of a dangerous tendency whenever they find it necessary to expedite ye Sale, or encrease the prices of their goods, this, tho serviceable to a few individuals, is of a dangerous tendency to the public, & therefore all that kind of inter- course between Traders & Indians should I think be strictly prohibitted, as well as all abuses in Trade on pain of being banished from the Posts, forfeiting their Recog- nizance & not permitted to trade hereafter, the former part may be executed by the officer who can transmit the Traders name, & the nature of his offence, so as he may suffer accordingly & be debarred all future Trade. The Recognizance Should I think be proportioned to the Number of Boats, so as Each Trader may suffer accord- ing to His Circumstances & the extent of his Trade. I settled the Profits in 1761, at 50 * (? at Oswego, 70 at Niagra, 100 at Detroit & so on which I then thought verry moderate, and I beleive something Correspondent thereto, and the other Matters regulated on the footing before mentioned will be a great means of preventing abuses; and secureing the Peace of the Frontiers. I heartily wish this, or some such plan may be adopted by the Neighbouring Governors, for without their concur- rence the Trade can never be secured from Risque &

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Fraud. I think Fort Pitt is the best & only place for the Trade of Pensilvania. Permits as formerly to the Indian Towns rendering the Trade liable to all the dangers I have mentioned.

If anything Material occurs on my Way to Niagra I shall let you know it, being with great sincerity

Dear Sir

Your most Sincere Welwisher & verry Humble Servant

The Honrbie Wm. JOHNSON

Lieu1 Govr Colden

From Gen. Thomas Gage

New York June 12th 1764 Sir,

The Accounts I have received of the Limits reserved for His Majesty's Use round the Forts on Lake Cham- plain, are as follows, viz1. The Limits of Crown Point determined on one side by the Block Houses and Fence, on the other Sides by 2000 yards, from the Salliant Angles of the Bastions. Ticonderoga bounded by 1500 yards from the Works. The two Block-Houses at the Saw Mill and the Landing, by 200 yards round them. As I under- stand the Lands on Lake Champlain are now on the Point of being granted; I beg Leave to remark the necessity there will be to reserve to His Majesty in the Grants, the Right of Cutting Fire-wood for the use of his Gar- risons, as also Timber requisite for repairs or rebuilding his Forts as well as for Building vessels and Boats.

The last recd from the Northward contained nothing material; every thing was in motion, and some Indians of Caghnawaga were arrived from Canada. A good deal of Desertion amongst the Provincials. The savages con- tinue their Incursions on Pensylvania, some People killed on the Juniatta. The 2d Ins1 a man killed, his wife & four small Children carried off. On the 5th Ins* Three familys were cutt off and their Habitations burned about four Miles from Fort Loudoun. The Inhabitants are re-

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tiring in Crowds to that and the other Posts. I am with great Regard. Sir,

Your most obedient humble Servant,

Thos Gage

From Gen. Thomas Gage

New York June 20th 1764 Sir,

I thank you for your Faver of the 14th Ins1 from Spring hill, which has set me right in respect to the Grants of Lands, and Conditions of those Grants to the reduced officers.

Some Acadians came to me a few Days ago desiring a Pass for Cape Francois, or any of the French Islands. Upon my questioning them, they told me they had been with you and that they been directed to the Mayor, who had sent them to me. I judge from thence, that the Mayor looked upon them as Prisoners of War. Letters have been conveyed to these People with some Promises from the Duke de Nivern [torn] and I believe that Emis- saries have been sent into most of the Provinces to collect them, and send them to the French Islands. The French man whom I sent down in the Winter to the Fort, to be examined by you, I suspect to have been one of these Emissaries. He went from York very soon after He found Himself suspected to be employed on that Errand. The above Acadians brought the Master of a Vessel with them, with whom they had agreed for their Passage. I told the Master on no Ace* to transport them, but referred Him to you for Directions on this Head. But I have found upon Enquiry, that a Number of these People have been transported, particularly in a Sloop called the Two Brothers. John I. Bogart cleared the 9th of June for Dominico. It's said that said Bogart was left behind after the Vessel was cleared, and that one Wm Preston carried her out.

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Some of the Messessagoes have come into Niagara to make their Peace. They made a speech to some of our Indians who returned them a spirited answer. But our Indians were almost all Mohocks, and a very few Senecas. There has been a good deal of mischief done in Pensyl- vania and Virginia. Fort Dinwiddie attacked for Six Hours. Tho the Savages did not prevail against the Fort, They have shewn us that they did not want Ammunition.

I hope you continue to enjoy your Health and that I

shall find some opportunity to pay my Respects to you

at Sprin[g]hill. I am with great Regard

Sir

' Your most obedient humble Servant,

Hon*>ie Lt Govr Colden. THOs GaGE

From Goldsbrow Banyar Sir

Your Letter of the 23d was not delivered me till last Evening: this Morning I shewed the Copy of the Gov- ernor of Martinico's Letter to Mr Chief Justice; to Mr Watts, to Mr De Lancey and to Mr Reade, all the Gen- tlemen of the Council in Town. They were unanimously of the opinion not to advise a Complyance with the French Governor's request. They look on the Acadians as British Subjects, and that the Parting with so many Hands would be highly Impolitick. Mr Watts was of opinion the application ought to have been made at Home. Mr DeLancey said, Monsieur Belair ought to be ordered away immediately. Mr Chief Justice and Mr Read were desirous he should be prevented if possible from going among these People to incite them to a Desire of leaving the Country.

As your honour desires my opinion I shall venture to give it. I have not the Treaty of Utrecht by me, but believe these people are by that Treaty deem'd British Subjects. Had they been look'd on as French Subjects, the late Treaty would have secured to them the same Liberty of removing with their Effects &c as it has done to those of Canada. Your honour has that Treaty. I

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have just perused it and did not observe any such Stipu- lation in Behalf of the Acadians. Had this been the Case Monsieur Fenelon, would not have relyed solely on the King's Commands to him, and your Justice and Charity but had founded his Request on what would have car- ried the appearance of Right. Surely the Country of Acadia, cannot be considered as a part of Canada: and that we are to derive our Right to that Country, by the Cession made to us in the late Treaty. The Treaty of Utrecht will throw Light on this Matter If it is not a Demand to which they are entitled in Justice. In Policy I am humbly of Opinion it ought to be refused For tho perhaps they are not so highly useful to us as the same Number of other People, yet they are certainly of some Use, and would probably be more Beneficial to the French. I am with very great Respect Sr Your Honours most obed. & most humble Serv.

Gw Banyar

New York 26 June 1764 Monsieur Bellair said when he left me, he would bring a List according to your Directions; on Friday or Saturday so it may be expected he is already employed in the Work Your Honour only, can order him to desist, if you should determine finally, to reject his application. Honorable Governor Coldbn.

From Gen. Thomas Gage

a. New York June 28th 1764

Sir,

I was yesterday honoured with your Favor of the 25th. In Respect of the Acadians, I was informed some Time ago from Halifax, that Orders had been transmitted to GovT Wilmot concerning them ; but I never heared what those orders were. I have lately received letters from thence in which Mention is likewise made of the Acadians; and I understand, that they are not permitted to emi- grate from thence. The old People will certainly never

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become, good Subjects, tho' their Posterity may. But if all Hopes were taken away of being permitted to go to the French ; the most determined of them might possibly get off by stealth ; but the greatest number would prob- ably disperse in the Country, and turn industrious to maintain themselves and Familys.

That the Acadians are the antient subjects of Great Britain, there is no Doubt, and it is plain that the Sieur Nadeau from his Knowledge of those who are inclined to go, and of those who will remain, has been tampering with them. If an English man should do a Thing of the same Nature in any of the French Colonies, He would pass his Time very ill. I suppose this Gentleman's Er- rand to Canada, is to entice the Canadians to emigrate; who have a Right so to do, before the Term fixed by the Capitulation is expired. The French are using every Method to People their Islands, and were in Hopes of very great Numbers of Canadians. Finding so few of those People willing to leave their Country, they com- plained to our Court, that we had raised the Price of Transportation very high in order that the Canadians might not be able to find Money sufficient; to pay for their Passage out of the Country. And desired Liberty to send a certain Number of ships for them. This was rejected and the French Minister told, that such a Pro- posal would never be admitted.

I have communicated to you, every thing which has come to my knowledge relative to the Subject of emigra- tion since the Peace and am with great Regard, Sir, Your most obedient humble Servant

Hon^e Lt Govr Coldbn ThOs GAGE

[Indorsed] Gen1 Gage

From Gen. Jeffery Amherst Dear Sir Whitehall 3d July 1764

I am indebted to you my Acknowledgements for the favour of a Letter since I last wrote to you, and as Majer

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Skeene is setting out for New York tho' my Post Chaise is waiting for me at the door, I can't let the Major take his leave of me without assuring you that I shall most readily say and do everything I can towards fixing your Establishment to your wishes, the Major desires me to recommend him to your Protection, which I think is un- necessary, from the knowledge you already have of his merit. The publick occurrences of this Capital, you will be better informed of by Majer Skeene than by any thing I can write. My Compliments wait on your Sons and Family, I am with great truth and Regard Dear Sir

Your most obedient Humble Servant

Jeff: Amherst

The Honble Lt Governor Colden

C

From Samuel Bard Sir

In a Letter which I lately received from my Father, he informed me, you was so kind as to desire I would write to you, & acquaint you what Progress I had made in my studies, & under what Masters I have studied. A Request which I most chearfully obey, & consider as a fresh mark of that Freindship, & of that distinguished Notice with which you have always honoured me; & of which I shall ever retain a most gratefull Remembrance. It is now near three years since I left New York, the first of which was entirely lost to me, as I was obliged to spend the best part of it in an Enemy's Country, nor was my time the only Loss I then met with, what I much more regreted, was a few Books I had in my Possession, as tokens of your Freindship & Esteem; & which neither prayrs nor entreaty's could preserve from the hands of my greedy Captors, part of the next summer I spent in London, where I attended midwifery under Doctr Mc- Kensey, and S* Thomasses Hospital as a Pupil of Doctr Russels. But I can hardly say I properly began my study's, untill I arrived at this University, where I have

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now been for near two years. The first Winter I em- ployed in attending the Classes of Anatomy under Dr Monro. Chemistry under Dr Cullen, & Natural Philoso- phy under Mr Fergurson. the succeeding Summer was cheifly employed in the study of Botany, when I first found how much I was obliged to you for the Instructions you gave in the Principals of that science, last Winter I attended for a second time the Lectures on anatomy & chemistry, to which I added Dr Whytes Class of Physiol- ogy & Pathology & Dr Hope on the Materia Medica; this Summer I have applyed tho' not very closely to Botany; & next Winter I intend attending again, the anatomical & physiological Classes, but my cheif study will be the Practise of Physicks under Dr Rutherford, & the clenical Physicians, Dr Whyte, Cullen & Monro; these Sr are the Classes I have attended, but to what pur- pose I must leave to time to discover, if in what I have done I meet with your approbation, I shall think myself happy, or if in what I have to do, you can point out how I may mend my Plan, I shall esteem it a very particular

Favor. 1 saw Dr Whyte this Morning & deliverd

your Message to him, he desired me to return his Com- pliments; and acquaint you, that he has wrote to you twice this Spring; informing you what he had done Re- lating to the Disposal of some Papers, you intrusted to his Care; Dr Hope desires me to inform you, that it was with the utmost Concern he heard of the melancholy accidents, which have happened in your Family, and that he greatly regreted, having troubled you, at so unsea- sonable on occasion.

Permit me too Sr to assure you, that I most sincerely sympathize in your Sorrows, that it is my earnest Prayr, that the Hand of Affliction, may henceforth be far re- moved from your House & that I am Dr Sir

with the greatest Respect your most obliged and most Humb8 Serv*

Sam1 Bard

Edinburgh July ye 8th 64

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The Board of Trade to Sir William Johnson on Indian Affairs

[Copy]

gir Whitehall, July, 10th 1764

HIS Majesty having, before the opening of the last Session of Parliament, directed us to consider, what ar- rangements it might be proper to make in respect to the future Management and Conduct of Indian Affairs in general, We did, in Obedience to His Majesty's Com- mands, prepare the heads of a Bill for regulating this important Branch of His Majesty's Service, under one uniform general Plan, and for enabling His Majesty to make such Establishments, as appeared to us to be nec- essary for the Execution thereof; But it was thought advisable from Considerations, as well of the great Im- portance of the Measure itself, as the Difficulty of estab- lishing a Fund to answer the Expence which would neces- sarily attend the Execution of it, to defer the bringing any Bill into Parliament 'till next Session ; before which time it was apprehended further Information might be procured on many essential parts of the Plan; and of which there was the greater Expectation, as we had before directed the Superintendants to make very full Reports to us, of the actual State of Indian Affairs within their respective Departments.

THE Letters, which we have received from you, and the Superintendant of the southern District, in Conse- quence of these Orders, have fully answer'd our Wishes and Expectations on this head, have confirmed our Opin- ion of the Danger and Disadvantage attending the pres- ent vague and uncertain Administration of Indian Affairs, and have enabled us to make additions to and improve our plan : But as your Situation and intimate knowledge of this difficult and complicated Subject may enable you to furnish us with still further Lights, we think proper to transmit to you the inclosed heads of the plan we have prepared, for your Opinion upon it, which we expect you

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will send to us as soon as possible, and we hope to receive it before the Meeting of Parliament.

THIS Plan has for its Object the Regulation of In- dian Affairs, both commercial and political, throughout all North America, upon one general System, under the Direction of Officers appointed by the Crown, so as to set aside all local interfering of particular Provinces, which has been one great Cause of the distracted state of Indian Affairs in general; And as it is judged expedient in the Execution of this plan, that North America should be divided into two Districts, each having one chief Agent or Superintendant, the first Difficulty which occurs in the Consideration of the plan, is how to ascertain the Limits of each District.

THE making the River Ohio the Boundary Line or Line of Division between the two Districts, seemed to us, at first, the most precise Distinction; but finding, upon Examination, that several of the northern Nations had not only Claims and Interest, but possibly actual Posses- sion and Residence to the south of some parts, at least, of this River, we thought proper to relinguish this proposi- tion, and to have recourse to the Expedient of distin- guishing each District, by naming the several Nations to be comprehended within each. You will observe, how- ever, that we have added to the Tribes contained in the List you have transmitted to us, those which inhabit the Borders of New England and in Nova Scotia, which Tribes must necessarily be comprehended in the northern Dis- trict.

THIS appears to us, upon the whole, to be the most precise method of distinguishing and dividing the two Districts; and, as such, we refer it to your Consideration. If, however, you are of Opinion, that the Objections to our first Idea, which have appear'd to us so strong as to induce us to lay it aside, are not well founded, and that the Ohio, being a natural Boundary, will still be the best Line of Division ; or that any other Boundary will be more exact and distinct, we desire you will state your Opinion fully upon this point, with your Reasons at large.

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THE first Principle, upon which all the Regulations in this plan, respecting the Trade with the Indians, are founded, is, that such Trade shall be fixed, throughout all America, to certain Posts and places ; and as it appears to us, upon a Consideration of the nature and Situation of the several Tribes of Indians, and of what has been the accustomed Method of carrying on the Trade with them in each Department, that it would be advisable to fix the Trade, in the southern District, to the several Towns in each Tribe, and, in the northern District, at certain forti- fied Posts ; We have accordingly adopted that plan : But as the ascertaining the several posts in the northern Dis- trict, to which the Trade ought to be fixed, is a matter of the most delicate and difficult Consideration, depend- ing upon exact Information of the Residence of the In- dians, and their Convenience and Satisfaction in many other Respects, we must refer this proposition to your particular attention and careful Examination, desiring that you will report to us your Opinion, not only what you conceive to be the proper Posts for the six Nations and other Tribes under your immediate Influence and Direc- tion, but also for the more remote Indians dependent upon the Governments of Quebec, Nova Scotia, and the New England Colonies ; but as you will observe from the Regulations of the Plan, that the Establishment at each Post will be a very considerable Expence to the public, it will be very proper that the number should be as lim- itted as possible, and no more allowed than what are of absolute necessity.

THE posts, at which it appears to us proper to fix the Trade in the northern District, are Oswego, Niagara, Pittsburg, Fort upon the Miami River, Fort Chartres in the Illinois Country, Detroit, Missillimackinac, Chicou- timi upon the Saguinay River, Fort Cumberland at Bay verte, Fort Frederick upon S* John's River, and Fort Halifax upon Kennebeck River.

THESE Posts will, in our Opinion, conveniently ac- commodate the several Nations or Tribes in the northern

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District; but as this is a very essential part of the plan, we desire your Opinion freely upon it.

ANOTHER Regulation of great Difficulty and Deli- cacy, proposed by this plan to be established, is the Set- tlement of a Tariff of Trade; which, though it be recom- mended both by yourself and the Superintendant for the southern District, yet seems to us doubtfull in its prin- ciple, and difficult in its Execution, since it is in its nature inconsistent with, and might, in its Operation, be restric- tive of that Freedom, which is one of the first principles of Commerce, and cannot either in Justice or Reason be fixed without the mutual Consent of parties having ad- verse and contradictory Interests. If however it shall ap- pear to us, either from the Effect of any Regulation of this kind which may have already taken place, or from Reasons and Arguments that do not occur to us, that these Doubts of its propriety, and Apprehensions of Dif- ficulties in its Execution, are without Foundation, we shall recommend a proposition that in many other Views of it, is much to be wished for & desired.

THE most superficial View of the Nature and Dispo- sition of the Indians, and of the Manner in which they regulate their civil Concerns will suffice to shew, that a steady and uniform attachment to and love of, Justice and Equity, is one of their first principles of Government; and it is upon a general Consideration of the Effect and Influence of this principle upon their Conduct, that we have ventured, in the eighteenth and nineteenth Articles of this plan, to suggest a Regulation, that appears to us to conform itself to their Inclinations and Disposition in this Respect, and which, if it can be accomplished, will restore mutual Confidence, by checking those Abuses which have tended to destroy it.

IN every proposition of this kind however we expect to receive your Sentiments; and therefore we desire you will attentively consider it, and give as your Opinion, as well upon the propriety of the Measure itself, as the Mode of carrying it into Execution, in Case it shall be thought adviseable to recommend it.

VOL. VI

328 THE COLDEN PAPERS-1761-1764

THE foregoing are all the Remarks which appear nec- essary for us to make upon the inclosed plan; the rest of the propositions speak for themselves, and sufficiently point out the Grounds and principles upon which they are founded. It only remains therefore for us to direct your Attention to, and desire your Opinion upon what is sug- gested in respect to the Fund for defraying the Expence attending the Establishment of this System; it is upon this that the whole depends, and therefore we must re- quire you to be very full and explicit in your Report upon it, transmitting to us the most exact Accounts you can collect of the actual annual Quantity and Value of Goods sold to the Indians, and Peltry received from them in Return, with your Opinion at large what Duties you think the Trade will bear, in what manner they may be laid, and how, or at what places collected, with the least Burthen and Disadvantage to the Trade; and we desire that you will annex to your Reports an Estimate of the annual Expence of the several Establishments proposed to be made in the northern District, and what will be nec- essary for Presents to the Indians and all other contingent Expences, with such Explanations upon each particular as may enable us to judge not only of the Amount of the fixed Establishments but also of what will be the probable amount of the whole, under every head and article there- of: and in forming these Estimates, we recommend it to you to state the Expence at as low a Rate as possible, be- cause the whole of it must be borne by the Trade. So we bid you heartily farewell, and are, Sir,

Your very loving Friends, (Signed) Hillsborough Geo: Rice Bamber Gascoyne J. Dyson

S1" William Johnson Bart >

Superintendent of Indian Affairs. )

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The Board of Trade to John Stuart on Indian Affairs

[Copy]

[This letter is the same as the above, mutatis mu- tandis, except that the following paragraph replaces the sixth, seventh and eighth paragraphs of the preceding letter.]

The first principle, upon which all the regulations in this plan respecting the Trade with the Indians are founded, is that such Trade shall be fixed throughout all America to certain Posts and Places; and as it appears to us upon a Consideration of the nature and situation of the several Tribes of Indians, and of what has been the accustomed Method of carrying on the Trade with them in each Department, that it would be advisable to fix the Trade in the Southern District, to the several Towns in each Tribe, and in the northern District at certain forti- fied posts, we have accordingly adopted that plan ; But as there will be but one set of Officers for each nation or Tribe in the Southern district, we desire your opinion, whether it will be advisable to leave the Trade open at every Town belonging to each Tribe, or whether it will be necessary to confine it to the Town where the Estab- lishment shall be fixed.

John Sttabt Esqr Superintendant of Indian Affairs

From Board of Trade, Requiring Abstracts of Land

Patents

Whitehall July 13, 1764 Sir,

It being necessary that His Majesty should be fully informed of the true State of the Grants which have been made of Lands within the Province under your Govern- ment, we desire you will forthwith transmit to us an

330 THE COLDEN PAPERS— 1761-1764

Abstract of the Record of all such Grants, from the first Establishment of the Colony, specifying the names of the Grantees, the time when each Grant was made, the Quan- tity of Acres, and the Quit Rent, if any, reserved thereon, and expressing the Situation and location of each Grant. And we desire you will, for the future, be particularly carefull to transmit to us, every six Months, a like Ab- stract of all Grants made by you of any Lands within your Government. So we bid you heartily farewell, and are.

Sir,

Your very loving Friends,

Hillsborough

Geo: Rice

Bamber Gascoyne

J. Dyson

Cadwallader Golden Esqr > L* Gov*1 0f New York (

From Earl of Halifax

St James's July 14th 1764 Sir,

I send You herewith by the King's Command, the Copy of a Letter which I have lately received from His Excy the Spanish Ambassador, complaining by Order of His Court, of several Violences comitted against the Sub- jects of His Catholick Majesty by some English Pirates, or Privateers, in the West Indies. And I am to signify to You His Majesty's Pleasure, that You make all pos- sible enquiry concerning all Vessels which may arrive within Your Government from those Parts, in Order to discover the Persons who may have been guilty of such of Piracy, & in Case of such Discovery, that you do your utmost to secure Them, & bring Them to Justice.

And if any of the Persons concerned in the said Pirati- cal Proceedings shall happen to be discovered & appre- hended within your Government,, you will immediately transmit to me for His Majesty's Information, an Ac-

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count thereof, & of Your Proceedings in Consequence of such Discovery.

I am, with great Truth and Regard Sir,

Your most obedient humble Servant

Dunk Halifax

Deputy Governor of New York.

[Indorsed] From Lord Halifax in relation to Violences committed on the Spaniards. Sep1 19 Read in Council

From Prince Masseran, the Spanish Ambassador, to the Earl of Halifax

[Copy] [Translated from the original French]

London, June 18, 1764. My Lord,

In a letter from the Count de Ricla, Governor of Havana, dated February fifth of this year, the King, my Master, received the regretable announcement of several violent acts committed against his subjects by English corsairs who are continuing in arms in those places, as in time of war. A schooner, or small English vessel, whose captain's name is unknown to us, gave chase to a Spanish vessel, under the command of Salvador Buenavides, who was sailing from Port Trinite to Porto Principe. The crew of the schooner boarded the Spanish vessel, searched her, maltreated the crew, and forcibly seized a criminal who was to be delivered over to the commandant of Porto Principe by order of the military commander of the city of Trinite.

Jean Bishag, English, Captain of an English sloop whose cargo belonged to Manuel Ravelo, a Spaniard, forcibly boarded a Spanish sloop commanded by Nicolas Bonora which, with the necessary permit for a cargo of tobacco, was going to the Port Majorvi, and was actually in the port of Las Neuvitas in the island of Cuba itself.

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The Englishman became master by force of arms, and in spite of the remonstrances of the owners of the cargo, seized it and gave a receipt for what he had taken.

Although the Count de Ricla has written about the matter to the English governor of Providence, the King, my Master, commands me to inform the King of Great Britain and His Ministry of these actions, so contrary to the amity which reigns and ought to reign between the two Nations, and he hopes His Britannic Majesty will be pleased to dispatch with all possible speed his orders putting an end to these acts of violence and restraining his subjects within the bounds of moderation which they are obliged to respect.

I have the honor, &c.

The Prince of Masseran

His Excellency My Lord Dunk Halifax

From Edward Sedgwick

S1 James's. July 14th 1764 Sir,

I am directed by The Earl of Halifax to acknowledge the Receipt of Your Letter of the 8th of May, and to acquaint you that, altho' in some Instances an attested Copy of a Mandamus, of which the Original has been lost has been thought sufficient for the Admission of a Coun- cillor, yet, upon the Reasons which you give, His Lord- ship has thought proper to move the King to sign another Mandamus for Mr Apthorpe of the same Date with the former, and His Majesty having been pleased to sign it accordingly, it has been delivered to Mr Thomlinson, who will probably send it out by this Packet.

I am further directed to recommend to Your Care the inclosed Letters to Governors Murray and Wilmot and to Colonel Burton, and to desire you will be pleased to for- ward them by the first Opportunities, great Complaints having been made particularly by GOVERNOR WIL-

THE COLDEN PAPERS— 1761-1764 333

MOT, of Letters being long delayed at the Post Office in New York.

I am wth great Truth and Regard, Sir, Your most obedient humble Servant

EDwd Sedgwick

Under Secry.

Cadwallader Colden Esq1" Lieu1 Gov1" of New York.

[Indorsed] From ED Sedgwick Esqr Under Secy in Sec^ of States Office relating to Mr Apthorps Mandamus, & GR Wilmots Letters

From Lord Alexander Colvill

Romney Halifax 25 July 1764

Sir

Yesterday I received a Letter from Mr Stephens Sec- retary to the Right Honble the Lords Commissioners of the Admiralty, of which I send you a Copy on the other side ; and that I may be the better enabled to obey their Lordships Directions, signified to me in the said Letter, I pray the favour of you to make such Enquiry into the Fact, throughout your Government, as you may think proper, in order that an Evil so detrimental to the Rev- enue and so disgraceful to the Service may be remedied as soon as possible.

Besides the Directions I have given about this Enquiry to Captain Kennedy, commanding the King's Ships on the York Station, I have sent a Copy of Mr Stephens's Letter to Governour Bernard, making the same Request to him; which I now do to you, that you will please to communicate the result of your Enquiry to me as soon as may be convenient.

All that is represented in Mr Whately's Letter is con- tained in the Copy of Mr Stephens's.

I am with great regard Sir Your most obedient & most humble Servant,

Honorable Cadwallader Colden, Esqr

334 THE COLDEN PAPERS— 1761-1764

Philip Stephens to Lord Colvill [Copy]

yr j , Admiralty Office 10 May 1764

Having received a Letter from Mr Whately, one of the Secretaries to the Right Honble the Lords Commis- sioners of his Majesty's Treasury dated the 16th of last Month, representing that their Lordships have received Information that an English Ship from Amsterdam, fall- ing in with a Man of War on the York Station in Decem- ber last, was permitted to pass for a Consideration of three hundred pounds, and that, in consequence of the regula- tions lately made, a large Cargo was ordered by a Mer- chant there from England of the same Spedes as used to be brought from Holland, but that he afterwards counter- manded the Goods as he found there was a Method for procuring them by the old Channel; I am commanded by my Lords Commissioners of the Admiralty to send you a Copy of the said Letter and to signify their direction to your Lordship to make the strictest enquiry into what is therein set forth & to report to me, as soon as possible, how your Lordship shall find the same to be. I am My Lord

Your Lordships

Most humble Servant

Rt Honble Lord Colvill Php STEPHENS

A true Copy Colvill [Indorsed] Ld Colvill's Letter & Copy of Mr Stephens Letter to him

Proclamation Proroguing the Assembly

By the Honoble Cadwallader Colden Esqr His Majesty's Lieutenant Governor and Com- (Seal) mander in Chief of the Province of New York and the Territories depending thereon in America.

THE COLDEN PAPERS— 1761-1764 335

A PROCLAMATION

WHEREAS the General Assembly of this Province stands Prorogued to Tuesday the Seventh day of August Instant I have thought fit for His Majestys Service to Prorogue, And I do by and with the Advice of His Ma- jesty's Council further Prorogue the said General As- sembly, to Tuesday the Fourth day of September 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 Seventh day of August 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

By His Honour's Command CADWALLADER COLDEN

Gw Banyar D'Secretary [Indorsed] GOD SAVE THE KING

Proclamation proroguing the Assembly to the 4th of Sep1 then to meet on Business

Minutes of the Council Relative to Major Philip Skene's

Land Grant

[Copy]

AT A COUNCIL HELD AT FORT GEORGE IN CITY OF NEW YORK on Tuesday the seventh day of August 1764.

Present The Honble Cadwallader Colden Esqr Lieutenant Govr &c

Mr HORSMANDEN. 1 Mr De LANCEY

Mr Smith. I

Mr Watts. J Mr Reade.

His Honour the Lieutenant Governor laid before the Board, his Majesty's Order in Council of the 23d day of May last, directing "that the Governor or Commander in

336 THE COLDEN PAPERS— 1761-1764

Chief of his Majesty's Province of New York for the time being do cause twenty thousand Acres of Land to be sur- veyed in one contiguous Tract in such part of the said Province, as Major Philip Skene or his Agents shall choose, not already granted to or surveyed for others, and which is not the property of, or claimed by the In- dians; and upon return of such Survey, conformable to his Majesty's Directions in his general Instructions, to pass a Grant of the same to the said Major Philip Skene, under the Seal of the said Province; subject to the pay- ment of the Quit Rent, prescribed in the said General Instructions, and such other Terms and Conditions of Cultivation and Settlement, as are usually inserted in Grants of Land made in that Province."

His Honour likewise communicated a Letter from the R* Honoble the Earl of Hillsborough, first Lord Commis- sioner of Trade, of the 8th June last, signifying that his Majestys had been pleased to grant 20,000 Acres of Land to Major Skene, in such part of the Province of New York as he shall choose, which are the Words usually in- serted in Grants recommended by that Board ; but that he is desired by the Board, to inform him, that it is their Wish and Intention, that this Grant should be made to Major Skene, in that part where he has already begun to settle; and that the Board therefore hope he will not in the mean time make any Grant of those Lands, so as to interfere with this Intention

His Honour having required the Opinion of the Coun- cil whether they conceived that Grants should issue both for the 20,000 Acres directed by his Majesty's Order in Council above recited to be granted to Major Philip Skene ; and for the 25,000 Acres, which this Board on the 23d day of November last, advised to be granted to the said Major Philip Skene and the other persons named in the Report of the Committee read on that day The Council advised his Honour to grant to the said Major Philip Skene the Quantity of 20,000 Acres, part of the 25,000 Acres already surveyed for him and his Associates: And to postpone the making any farther Grant to him,

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until it shall appear to be his Majesty's Pleasure, that the 20,000 Acres should be granted to him, exclusive of the said former Grant advised by this Board.

His Honour the Lieutenant Governor then required the Opinion of the Council, whether he should pass his Majesty's Letters Patent to Joseph Walton and other Officers of his Majesty's Royal Artillery for the Lands surveyed for them; it appearing that the Parties Inter- ested therein, were not willing to relinquish to Major Skene, that part being between 3 and 4000 Acres, of the south End thereof, whereon the said Major Skene had made a small Improvement.

The Council declared that as it was only on the Con- dition of Major Skene's obtaining the Consent of the said Joseph Walton and his Associates, who were prior Peti- tioners, that they had advised the granting of that par- ticular part to him; And his Majesty's Order in Council directing that the 20,000 Acres to be granted to Major Skene, should be laid out in one contiguous Tract, not granted to or surveyed for others ; And the Land in Ques- tion being included in the Tract surveyed for the said Joseph Walton and his Associates, and laying in such a Situation, as that it could not be included in one Tract with that which has already been surveyed for Major Skene: They therefore humbly advised his Honour the Lieutenant Governor, to grant his Majesty's Letters Pat- ent to the said Joseph Walton and his Associates, for the Lands so surveyed for them.

A true Copy Examined by Gw Banyar D CI Con. [Indorsed] Copy.

Minute of Council relative to the Grant of Land to be made to Major Philip Skene.

From Earl of Halifax

g^ St. James's, [London, Eng.] August 11th 1764

It is His Majesty's Pleasure that you do constantly transmit to me every Information, which your utmost

338 THE COLDEN PAPEKS— 1761-1764

Diligence & Attention can, from time to time, procure, in relation to the illicit Trade, which may be carried on within your Government; to the Methods in which it is conducted; the Commodities in which it is concerned; and the Extent to which it is carried ; the Means of pre- venting the same, and the Conduct of the several Officers who are employed for that purpose: And whenever it shall happen that you have not been able to procure any In- telligence upon any of the Points above mentioned, you will take Care to mention in your Dispatches, that you have no Informations of that sort to communicate. I am with great Truth & Regard Sir,

Your most obedient humble Servant

Cadwallader Colden Esqr DUNK HALIFAX

Lieut: Governor of New York.

[Indorsed] Letter from the Sectty; State Requiring an Account of the Illicit Trade & of the Custom House Officers

From Earl of Halifax

_,. St. James's [London, Eng.] August 11th 1764

bir,

The House of Commons having, in the last session of Parliament, come to a resolution by which it is declared that towards defraying the necessary Expences of de- fending, protecting, & securing the British Colonies & Plantations in America, it may be proper to charge cer- tain Stamp Duties in the said Colonies & Plantations, It is His Majesty's Pleasure, that you should transmit to me without delay, a List of all Instruments made use of in publick Transactions, Law Proceedings, Grants, Convey- ances, Securities of Land or money, within your Govern- ment with proper & sufficient descriptions of the same, in order that if Parliament should think proper to pursue the Intention of the aforesaid Resolution, they may thereby be enabled to carry it into Execution, in the most effectual & least burthensome Manner.

THE COLDEN PAPERS— 1761-1764 339

If you should be unable of yourself to prepare a List of this kind, with sufficient accuracy, you will in such case require the assistance of His Majesty's Attorney General or the Principal Law Officer of the Crown within your Government who are the proper persons to be consulted, towards procuring the said Information in the manner required.

I am with great Truth & Regard, Sir,

Your most obedient humble Servant Cadwallader Colden Esq*- I Dunk Halifax

Lieu1 Governor of New York j"

[Indorsed] Letter from Stty of State requiring a List of all Papers chargeable with a Stamp Duty

From Earl of Halifax

_. St. James's [London, Eng.] August 11th 1764 Sir,

It being of great Importance to His Majesty's Service & to the Commercial Interests & general Convenience of His Majesty's Subjects in North America, that the Con- veyance of Letters, by the Post, should be facilitated & extended throughout the Colonies upon that extensive Continent, His Majesty's Post Master General is con- certing measures for those Purposes and as it cannot be doubted but the Legislatures of the several colonies will readily & chearfully contribute to the Success of a plan from which They may expect to derive the Benefit of a regular, safe, & speedy Correspondence, I am commanded to signify to you His Majesty's pleasure that you should recommend it to the Assembly of the Colony under your Government to provide for the Establishment of Ferries, & erecting proper Buildings on the Water Side, wherever the same may be found necessary, that the Posts may meet with no delays or interruptions in passing.

His Majesty's Post Master General having also repre- sented that a Map of the Province under your Govern- ment with the present Course of the Posts throughout the

340 THE COLDEN PAPERS— 1761-1764

same clearly marked out, would be of great use to him in the present undertaking, I am to desire that you will pro- cure & transmit such a map, together with a state of such alterations as you apprehend to be wanting for the better Regulation & Improvement of the said Posts and you will give your constant aid & support to the post Masters within your Government, in the Execution of their office, which is so immediately calculated for the publick Benefit.

I am, with great Truth & Regard, Sir,

Your most obedient humble Servant Cadwallader Colden Esq*- Dunk Halifax

Lieu* Governor of New York

[Indorsed] Lord Halifax concerning the Post Office c

& Post Roads in Province of N. York

From Major William W. Hogan

«. Camp at Presque Isle 15th August 1764

I Wrote to You from Niagara Since which I have Received non of yours I have now the Pleasure of In- forming your Honour that Coln Bradstreet with the Army is Safe Arived at this Place without the Least Molestation from the Indians All in good health & high Spirits in Par- ticular the Battalion Under My Command. All the News I have to Inform your Honour is that the day before yes- terday we were Met by two Cannoes of Indians of the deleware Shawnies & other headmen of the southern Na- tions who have Concluded a Peace with Coln Bradstreet Upon the following terms that they will give & Grant to the British government Liberty to Erect forts Upon Any Spot of ground we may think Proper giving them Grants for the Land Round it as f arr as a Cannon will fire a Ball & that if any Hostilities is Committed on there Side they have obligated themselves to deliver the offender up to the English Laws to be tryed by them by a Court wherof Six Indians to Sett as Members & I Make no dobt but

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this with the wise Measures taken by Sir William John- son with the Nation asembled at Niagara will Once more Secure our frontiers from the barberous Outrages Lately Committed by them As for the famous Pontiack with his Army we have no Accounts of & therefore Can form no Judgement which Way he will Bend his Course. Coln Bradstreet has turned over to the Battalion Under My Command Ninety five Men Inlisted by his Order to Compleat the Battalion. Should be glad to Know wea- ther the government will Provide for them or Not I have Nothing More Material to Add but Remain Your Honours Most Humbe Serv*

Wm W. HOGAN

To the Honourable Cadwallader Golden Esq1"

[Indorsed]

On His Majesty53 Service To

The Honourable Cadwallader Colden Esqr Lieu* Governor of New York

[Indorsed] Letter from Major Hogan giving an ace* of the Peace concluded by Col. Bradstreet. 4 Septr Read in Council.

From Gen. Thomas Gage

New York August 16th 1764

You will hear that Dispatches are arrived from Niag- ara, where near 2000 Indians were assembled; of which Number there were about 1600 righting Men. The Par- ticulars of what was transacted there, are not come to Hand: I only know, that Colonel Bradstreet was obliged to remain there till they should move away for fear of accidents; and till another Peace was made with the Sen- acas ; as it seems, the first they made they did not choose to keep: nor would they come in, till several Messages was sent to them, and threats of an attack upon them. They have now made another Peace, and brought in the Delawares, who were drove in the Spring from Susque- hanna to make their Peace also; upon the latter's giving up two Chiefs: That is, they are to deliver them, which

342 THE COLDEN PAPERS— 1761-1764

the Chenussies [Geneseos] are to see done and they give two Chiefs as Hostages for the Performance, on the part of the Delawares.

I dont hear of above two Tribes, (exclusive of these Chenussies [Geneseos] and Delawares) of those who have been in arms against us, who attended the Congress. That News came from the Detroit, that the Ottawas, Powtew[a]tamies and Wiandots had sent in Prisoners and sued for Peace which Col° Bradstreet says, prevented his attacking them, and says He should have fallen on them, with great Hopes of success, had He not been de- tained so long at Niagara. From which Detention, He had the opportunity to receive advice of those Nations making Peace. The Peace would perhaps have been more solid, had He had that good Fortune.

Colonel Bradstreet set out for Detroit, on the 6th of August, I suppose with Design to make some formal Peace, which shall, at least to appearance, be safe and lasting. For this sending in of Prisoners, now and then, they have amused us with over and over. And this He must do, or use his best Endeavors to destroy them. Sir William Johnson is returning with a number of Sachems. And about 500 Indians were to accompany Colonel Brad- street. I am with great Regard Sir,

Your most obedient humble Servant

Hon*>ie Lt Govr Colden ThOS. GAGE

From Gov. Benning Wentworth

Sir Portsmouth [N. H.] August 17th 1764

Yesterday a Complaint Arrived to me, from the West- ern Frontiers of this Government; setting forth that the Inhabitants of a Town, called by the Name of Pownall, at a time when a deputy Sherriff was executing a Legal pre- cept, were sett upon by the Sherriff of Albany, with more than thirty Armed Men on Horseback, & that the said Deputy Sherriff with three other Principal Inhabitants

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were Seized upon & carried to Albany, where they were Immediatly Committed to Goal

The Prisoners demanded from the Officer, a Copy of the Warrant by which they were Apprehended, & the Mit- timus by which they were Committed, but were denyed both

I must on this Occasion apply to your Honor, for your kind Interposition, in an Affair of so much Consequence to the Peace of both Governments, & shall rely on your giving orders for the Release of the Sherriff, & the others in Goal, if it should not be done before this comes to your Hands, for it would be an Act of cruelty to furnish Individuals for disputes that Subsist or are Apprehended to Subsist between Government & Government, and Dis- putes of such a Nature as can only be determined by His Majesty, who has alone the Right of doing it

And as the Jurisdiction is the main thing in Ques- tion, I am ready & Willing to submit what concerns me to the King, not in the least doubting but you will readily join in a matter so Essential to the future peace of your own Government as well as this, for it is very Disagree- able to me to maintain disputes or foment Controversys of any kind, more especially such as neither Government can possibly reap the least benefit from

I am Sir

With great truth & Regard

Your most obedient humle Servant

The HonMe Cadwallader Golden Esq. B* WENTWORTH

[Indorsed] P dwt

[?] 8. On His Majesty's Service To

The Honble Cadwallader Colden Esqr Lieu* Governor & Commander in Cheif of his Majesty's Province of New York or in his Absence to the Commander in Chief for the time being

New York Letter from Governor Wentworth desiring the release of several Persons of that Gov* apprehended by the People of this Province 4th Sept1" Read in Council

344 THE COLDEN PAPERS-1761-1764

From Sir William Johnson

„. Johnson Hall August 23d 1764

Dear Sir 6

I have wrote you pritty fully as of this Date concern- ing my Transactions at Niagra. This letter is therefore on the Subject of ye Land which I was oblidged to defer till my return.

I now agreable to your directions in one of your fa- vours of last April, write to yT Son to depute a Surveyor to run the lines, after wh it will give me particular pleas- ure to See yo[u] at this place, when I doubt not everry thing may be settled to Satisfaction.

You will please to give me notice when I may have reason to expect You, that no Delay may possibly happen.

I am with all possible regard Dear Sir Your most obedient & most Humble Servant

Wm. Johnson

The Honrble Cadwallader Colden Esqr Lieu1 Govr of New York

From Sir William Johnson

_ „. Johnson Hall August 23d 1764

Dear Sir

I arrived here four days ago from Niagra after having settled affairs with the different Nations as well as could be expected. The Nations who attended from the West- ward were the Hurons, Ottawaes, Chippaweighs, Sakis, Peranes, Reynards, Menominy's, & in short all y6 Cheifs of the Western Nations, except about 300 under Pondiac at the Miamis River, and the Potawatamis who did not choose to trust themselves down, the whole amounted to upwards of 2000, including those of the 6 Nations who accompanied me. They were the largest Number of Indians perhaps ever Assembled on any occasion. The Shawanese & Delawares of Ohio did not attend, they are

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now up the River Sioto watching your motions, but I imagine that the transactions at the Congress will soon bring all to reason in case we are not able to effect any- thing against them. Most of the Western Nations were well recommended by Major Gladwin & other officers, they dwelt much on their good treatment of the Garri- sons of La Baye & Michilimacinac ye latter taken by the Enemy Ottawaes & Chippaweighs. I therefore renewed & strengthened the Covenant Chain with them, and they have promised not only to get all the Prisoners out of the Enemys Hands but also to procure restitution for the Traders losses, they have likewise agreed to the reestab- lishing a Post at Michilimacinac.

The Hurons accounted for the cause of their engaging in the War, delivered up three Prisoners which were all they had & have subscribed to a Peace; but we were greatly delayed by the Chenussios, & other Enemy Seneca's, who did not arrive for a considerable time, occa- sioned by reports wh had been propagated amongst them, that we intended some Treachery, they at length came with 14 Prisoners & 2 Deserters, wh they Said was all they had, but there are Several Prisoners amongst the Dela- wares liveing near Chenussio, for the delivery up of whom as well as of their King, & Head Warrior called the Squashcutter the Chenussios have engaged, & given two Hostages for y* purpose. These Delawares abandoned their Settlements on the Capture of Captn Bull & his party, & their Villages having been distroyed by the Partys under Montour &ca., they have since resided with the Chenussios, & requested their Interest with us to make peace, but I refused to treat with them, 'till all the Prisoners & their 2 Cheifs were first delivered up, which I expect will shortly be complied with. The Senecas have likewise given up to his Majesty all the Land from Lake Ontario to Lake Erie 4 Miles in Depth on each side of the strait for the use of the Several Garrisons which is more than Double the Quantity their Deputys agreed to last Spring. The Isleands, (one of which is verry large) they insisted on my acceptance of, to shew their esteem,

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& make my mind easy (as they called it) after the Delays I had met with.

The behaviour of the Senecas cannot fail operating strongly on the Shawanese & Delawares, as well as all the Nations for they are a people of much power & Influence over the rest; so soon as Matters were settled with the Senecas, Co11 Bradstreet proceeded with the Troops ac- companied by about 500 Indians, but the lateness of the Season, & the disposition of the Inds in general will I beleive leave little to be done offensively, & Co11. Brad- street is well convinced of the absurdity of attempting to go to extreams with them, Justly observeing that we cant always keep an Army on the Frontiers, and that tho he might be able at present to establish a Post, it remains entirely at the Indians discretion whether we shall keep it or not, it were to be wished the World had been earlier convinced of this Truth, I hope now they have profitted by experience. The Indians who have made peace & those who have renewed their engagements have been verry Sollicitous for Trade, & it was Judged adviseable to let them purchase with what little Furrs they had, such thing as they wanted (Ammunition excepted) I told them repeatedly their loss of Trade must be charged upon the Enemy, and that 'till they were punished, or brought to a proper Submission, they must not expect it as before, however I know nothing will contribute more to keep them at peace, than the letting them have a Trade car- ried on by Honest Men, and of this I think necessary to acquaint You as Passes are to come from you by the Kings Proclamation.

Last night all the Cheifs of Conajohare came to ac- quaint me that they were often verry 111 treated, but particularly so of late, by one Cobus Maybe, who resides on part of their clear Lands, without any Title, notwith- standing their repeated desire that he should remove, and I have (since his Majestys Proclamation was published here) at ye earnest request of the whole Castle, wrote him several times to leave sd place but to no purpose. In short several of the White People in that Neighbourhood

THE COLDEN PAPERS— 1761-1764

347

use them vastly 111, by turning their Cattle into the In- dians Corn fields, and beat their Women & Children when Driveing them out, This has been often done, but more so of late in the absence of their young Men, which the Sachims fear may prove of bad consequence if not re- dressed, & prevented for the future. As I am directed to see all Persons removed who occupy Indian Lands with- out Just Title, I must request you will acquaint me how this Maybe, or any others on the like footing are to be removed, or that you will please to give the necessary orders about it.

The Great Number of Indians who attended at Niagra, and the infinite variety of their affairs, Demands &ca afforded me scarce time for the least refreshment dureing my Month's stay there, & prevented me from answering several letters which imediately required it, as well as from haveing the pleasure of corresponding with you dureing that time. I am with the most perfect Esteem Dear Sir Your Most Obedient & Most Humble Servant

The HonrWe Wm. JOHNSON

Cadwallader Colden

Speech of Abraham, a Mohawk Chief, to Sir William

Johnson

[Copy]

Thursday Septr 20th 1764 Abraham. ] Six of the Chiefs, and Warriors, of the Daniel. Lower Mohawks came to Sir William John- Hendrick. son, at Johnson Hall, & desired a Hearing; Aaron. T which being granted; Abraham, their chief Isaac. Sachem, spoke as follows.

John. Brother Goragh Warraghiaguy;

We are come here at the desire of our Castle to speak to you. Before we enter on the Subject of our Complaint, we wou'd desire to remind you of the first Agreement, and

348 THE COLDEN PAPERS— 1761-1764

Friendship, Settled between your Ancestors, and our's, which, we have ever since closely followed; and flatter our Selves you can vouch for Us since your Coming to the Country, and particularly for our Conduct in the old french war; wherein, we exerted our Selves, and brought in many Scalps & prisoners to you. On the breaking out of the last war, we were again applied to for our Assist- ance, and told that it was for our Country, which the French wanted to Creep into by different ways, that the war was commenced: and, that shou'd you, and we be favoured so much by the Almighty, as to Lay the French under, we shod then be a happy People, and Enjoy our Lands in Peace.

We were in hopes, after the Reduction of Cannada, of seeing that happy time; but, to our great Concern, the western, & other foolish Nations, soon removed that wish'd for Prospect, by Falling upon our Brethren, their Forts, and Settlements; on which, we were again applied to by you, to Rise and help to Punish those unthinking People. This appeared to us so reasonable, that we com- plied, (remembering as we before observed the Engage- ments our Fore-Fathers had entered into) and Fell upon some of Them, and their Settlements, last Winter; in which We were Successful; and now our People are with the Army to Assist in punishing, or bringing to reason, those bad people, thinking, that after those Nations were brought to their Senses, We, and our young Men, shod sit down, and enjoy peace, agreeable to what was told Us. But, Brother, to our very great Concern, We understand, from many People, that in a short Time, some of our Brethren are determin'd to deprive Us of the chief Tract of Hunting Land We have left, called kayaderossres, with a great Quantity of Land about it, which we never could learn, from the most strict Enquiry, made several years ago, had been sold by our Nation: Wherefore, We must say, if that is to be ye case, we are much deceived in the opinion we ever entertained of our Brethren's Hon- esty:— But, after our uninterrupted regard, and Attach- ment to them; and the many Accounts we have had from

THE COLDEN PAPERS— 1761-1764 349

you of the Uprightness of the Great King, and his deter- mined Resolution to see Justice done to all well disposed Indians, we can hardly think of being so Treated, and wronged. What We now request is, that you will write to the Governor, and let him and his great People know our earnest Desire; which is, that He, and They, will not Suffer any People to deprive Us unjustly of our Lands, but to Stop any Proceedings now intended, with regard to kayaderossres, until the Great King's Pleasure is known, Who, we are sure, will not Suffer Us to be so greatly wronged, as it must Alarm all the Nations of Indians, and shew them what a bad Return we have for our Services to the English. A Belt

Brother;

We now acquaint you, that as some of our People lately were on the Hunt about Kayaderossres Creek, and the Lakes in that Quarter, They, to their Surprise, dis- covered Several Settlements of English there. They wou'd not go near them, till they had acquainted us of it. We now tell you; Brother, that we intend to send some of our soberest, & most sensible People, to desire those People to move off of our Lands, which we hope they will without farther Trouble, as they have no Right to it.

Then They ended.

Sir William Johnson's Answer to Above

Sir William told them, He wou'd send their Request

to the Lieu1 Governor, who, He did not Doubt, would do

all in his Power to see Justice done to Them : and that, as

soon as He received his answer, wou'd acquaint them

therewith: then desired, that They wou'd by no means,

have any Dispute with the People living thereon.

A true Copy from the Original

Witham Marsh

[Indorsed] Secry for Indn Affairs

The Speech of Abraham, a Mohock Chief, to Sir William Johnson, re- specting the Lands of Kayadero- ssres, and Sir Wm's answer.

350 THE COLDEN PAPERS— 1761-1764

From Sir William Johnson

Dear Sir Johnson Hall Septbr. 21st 1764

I had the pleasure of your favour of ye 3d Ins1. & I am happy in finding my late proceedings wth the Indians are so agreable to You.

I enclose You agreable to their desire a Copy of a Speech made Yesterday by the Mohawks, touching the Pattent of Kayadarosseras, of which they have been com- plaining these many years, and now on hearing that it is shortly to be divided, they have taken the Alarm, & are verry earnest ab\ redress I must request you will take it into consideration with ye gentlemen of the Council, so that I may be enabled to give them an Answer as soon as it will suit with your conveniency. I am sorry to be oblidged to trouble you so often on these Subjects but realy there are many old transactions, of such a Nature as requires redress and which gives the Indians in Gen- eral, verry unfavourable Impressions of the English, & me immense trouble in Satisfying them on these Heads.

I am fully of Opinion that Licences to trade should not be granted till the Issue of this Campaign is finally known, as it will make the Indians feel Wants they are as yet strangers to in General, and as to the confineing Trade to the principal Garrisons, I cannot but consider it, as ye safest way, for avoiding the many risques which on any disgust the Traders & their goods are liable to in the Indian Country, or even at the Smaller Out Posts. Notwithstanding which there are many Persons in Trade who would not scruple to go any where amgst them from the prospects of gain they expect when under no Eye but that of Indians, however this should be prevented as a Matter of public concern, for the Murder or Robbery of 2 or 3 will be always followed by a rupture of that Nation. A small Trade may at present be allowed to the 6 Nations, which it was necessary to promise them on the ratification of the Peace with the Senneca's. This is now carried on by many of ye Inhabitants but when Licences are granted

THE COLDEN PAPERS— 1761-1764 351

for a general Trade, I should think it would be best under the inspection of a proper officer, or for want of such, of the officer Commdg. The Principal Posts, who on Just complaint made by the Indians of abuse in Traffic could banish the Traders, whereby they might forfeit their Recognizance which might be proportioned to the Num- ber of Boats, or Quantity of goods they carried.

The officers of the Grenadier Companys & Additional Troop of Horse intend to be at some Expence in purchase- ing Accoutrements & Uniforms, to wh their Men have all agreed, They therefore sollicit me to lay before you ye necessity for a law to establish them, as the rest, and that they may be enabled on occasion to draft proper Men out of the largest Battalion Companys for the filling up Vacancys from time to time. I have already recom- mended an Uniform to them, to wh I apprehend there can be no objection.

If the Affair I mentioned is not likely to be Settled by the Council, I shall be glad to be favoured with the Draft of your letter as mentioned in yr last.

I am with ye utmost regard & sincerity Dear Sir Your most Obedient Humble Servant

The Honrbie Wm. JOHNSON

Lieut. Gov1"- Colden

From Gov. Benning Wentworth

Portsmouth [N. H.] September 22d 1764 Sir,

I now own the receipt of your favor of the 20th Instant, with a Copy of the Sherriffs of Albany's letter to your Honor, which differs greatly from the Account I have from the Prisoners, but as that is Immaterial at present I shall omit Saying any thing on that head.

The Nature of this Controversy is Such, that no de- termination in our Courts can finally adjust it, therefore I should esteem it a prudential Act, to Suspend all proc- esses in the Law on both Sides, until His Majesty has

352 THE COLDEN PAPERS— 1761-1764

determined the Jurisdiction of Governments, as the Con- trary will greatly affect the revenue Ariseing to the Crown from this Government.

New Hampshire has for its Southern boundary the northern boundary of the Massachusetts, and so far Westward as they Claim, I think the claim of New Hampshire extends.

The prisoners make a greivous Complaint of the Ex- cessive bonds required of them by the Sherriff, but as you have been pleased to give your directions to him on that head I shall add only, that the persons are all men able to respond in any of His Majestys Courts, but not have- ing any property in your Honors Government they may be put to difficultys to find bail, being quite strangers, and if that should be the Case, I will be responsable for one, and all of them, for their appearance, & if you will be so good as to Signify the Same to the proper officer I shall esteem the favor.

I am with great regard Sir,

Your most obedient humble Servant

[Indorsed] B. WeNTWORTH

Gov1" Wentworth's

concerning the Persons in Albany Gail.

From Robert Hempsted, Town Clerk of Southold, L. I.

To the Honble Cadwallander Colden Esq.

Sir

According to the Order Recived of the fifth of this Instant Sep: I have Given notice of the Possessor of all those Lands which have bin apropriated to the use of the Indians in or belonging to Southold and the Major part of them not being Willing to put the sd Indians In pos- sess] ion of sd Lands agree to show Cause att the board in the City of New York.

And I hear with Transmitt to your Honour Copies of all Records In my Custody Touching or any ways Relat-

THE COLDEN PAPERS-1761-1764 353

ing to Lands within the Township of Southold formerly appropriatd to the Use of the Indians

and am your Honours with all Due Respect

Robert Hempsted, Town Clerk So:holdSept25th/1764

[The copies of records mentioned in the letter above, are among the Kempe papers in the possession of The New York Historical Society.]

From the Proprietors of Indian Neck, Southold, L. L

To the Honorable Cadwallader Colden Esqr, his Majesty's Lieutenant Governor, and Commander in Chief of the Province of New York, and the Territories thereon depending in America &ca. In Council. May it please your Honor,

We the Subscribers being Proprietors in several Par- cels of a Tract called Indian Neck, in the Township of Southhold in Suffolk County in due Regard to your Honor's late Order in Council, do now shew Cause, why we cannot restore those Lands to certain Indian Natives according to their Petition.

First. Because the said Lands are Parcel of the Township of Southhold, long ago granted by Letters Patent in due Form of Law; and belonging to us by Title legally derived under the same Patent, and there- fore no Indians as we humbly conceive can legally claim the same.

But in as much as it may perhaps be pretended, that the Patentees or those holding under them, have done some Act favorable to the present Claim against us, We humbly beg Leave further to suggest,

Secondly, That there is an Entry, remaining on the Records of the said Town, in the Words following, to wit,

"At a Meeting held by the Inhabitants of South-hold "August the 3d 1685, it was then ordered and voted

354 THE COLDEN PAPERS-1761-1764

"that the Indians should have a planting Field laid "out for the Use of those Indians of Right belonging "to this Township at the East side of the Meadow "now belonging to Mr. Thomas Mapes Senior, near a "Place called and known by the Name of Corchoague "Pond which Field is to run South from the Highway "to the Value of one hundred and twenty Acres, which "Land so laid out the Indians are to fence with Tim- "ber they get off of the said Land, and they are to cut "no other Timber neither for fencing nor firing on "any of the Commons without Leave from the In- "habitants of this Town. There was chosen and voted "Inhabitants Col. Youngs, Thomas Mapes, Joshua "Horton and James Reeve to lay out and Bound the "Land for the Indians as aforesaid."

And this is the only Tract of which there is any Writ- ing to shew that the Indians have any Permission to occupy Lands within the said Township, and this Tract is not the Land now as aforesaid claimed by the Subscribers under the Name of Indian Neck; which acquired that Name, because while it was Part of the common undi- vided Lands of South-Hold, some Indians lived upon it, but they all removed off from that Tract about fifty Years ago.

Wherefore these Subscribers concieve that the Indians (if any equitable Right they have) can claim only the Tract mentioned in the Town Records above set forth, And yet nevertheless in Tenderness to the Indian Na- tives, the Freeholders and Proprietors of Indian Neck, are willing to permit such Indians as are truly Descend- ants of the old Southhold Tribe, to live upon and plant the said Neck, and cut necessary Fuel thereon, they be- having themselves peaceable, and not introducing other Indians, nor presuming to hire out the Land to any white Persons whomsoever, nor planting the same for any other than their own proper Benefit, nor interrupting the Sub- scribers in the Occupation of such Parts as the Indians do not want or cultivate for themselves. But these Con- cessions are made only in Case your Honor and the Board

THE COLDEN PAPERS— 1761-1764 355

of Council shall think them obliged in Equity or natural Justice so to do; and provided such Measures be con- trived, as will secure to the legal Freeholders of the said Neck, their Heirs and Assigns, the full Benefit of the said Terms.

All which is humbly submitted to your Honor's most obedient and humble Servants

Sam11 Landon for himself , Moses Case Sylvanus Davis Sam11 Corwin Benjamin Case Zebulon Hallock and Daniel Guthill Junf South-Hold the 25 Day of September 1764.

At a Council held at Fort George in the City of New York on Wednesday the twenty Sixth day of September 1764. Present

The Honble Cadwallader Colden Esqr. Lieu- tenant Governor &c Mr. Horsmanden Mr. De Lancey

Mr. Smith Mr. Reade

Mr. Watts

The Board having under Consideration the Petition of the Southold Indians, claiming Lands in that Town- ship, and Notification having been given to the Free- holders pursuant to the Order of this Board of the 5th Instant, And it appearing by an Order at a Town Meet- ing the 3d August 1685, that a certain Tract of Land con- taining one hundred and twenty Acres was assigned to the said Indians, and which is known by the Name of South Harbour; And it also appearing by Affidavits pro- duced to the Board that the said Lands were afterwards about the Year 1691 exchanged for other Lands now known by the Name of Indian Neck; It is ordered by

356 THE COLDEN PAPERS-1761-1764

His Honour the Lieutenant Governor with the Advice of the Council, that a Prosecution or Suit be commenced and carried on by His Majestys Attorney General for the Recovery of the Lands of Right Belonging to the said Indians, unless the Parties in Possession of or interested in the Premisses do on or before the third Wednesday in October next fully Satisfy and content the said Indians in respect to the Said Lands and that the Agreement thereupon be laid before this Board and approved of. A true Copy Examd By

[Indorsed] Gw BaNYAR D C1 C°n

Order of Council respecting the Southold Indians Claim to Lands at South Harbour

The Assembly Deliberations on the Kayaderosseras

Patent

ASSEMBLY CHAMBER CITY OF NEW YORK

DIE VENERIS 3 H. P.M. THE 5TH

OCTOBER 1764

THE House (according to order) proceeded to the consideration of His Honor the Lieutenant Governors Message of the Second Instant, and the Papers therewith sent, being Office Copies of the Indian Deed and Patent for Kayadorosseras, and a Copy of a Speech Said to be made by Abraham a Mohock Chief, with Sir William Johnson's Answer to it, on the Twentieth of September last: And Considering,

FIRST, That most if not all the Patents for Lands in this Colony, were preceeded by Purchases from the In- dian Natives, the fairness and validity of which were trusted to the Judgment of certain Officers of the Crown, whose duty it was to attend to a proper Examination, previous to the Issuing of the Royal Grants.

SECONDLY, That many of the Antient Conveyances, and even Patents themselves, thro' the Infancy of the Country, and the Unacquaintedness of the first Settlers

THE COLDEN PAPERS— 1761-1764 357

with the English Language, are darkly and imperfectly expressed ; and that it is very common for the Indians to Deny the Sales of their Ancestors, as well as their own, and renew their claims, to force repeated Payments for the same Lands, which His Majesty's Subjects often Sub- mit to for Peace Sake.

THIRDLY, That it is impossible to discover the true Owners of any Lands among unlettered Barbarians, who keep no certain Memorials ; Have very indistinct Notions of Private Property; Live by Hunting; use no Land- marks; Nor have any Inclosures.

FOURTHLY, That an easy attention to Indian Claims of Lands long since Patented, has a natural Ten- dency to excite new and Repeated Complaints from a People who have rendered themselves Indigent, and dayly become more and more Necessitous by their Sales, and the Utter Neglect of Industry, both in the Arts and Agri- culture.

FIFTHLY, That in Proceedings Against Antient Grants upon the pretence of Fraud, after near Sixty Years have elapsed, the Witnesses must be presumed to be Dead, and the proofs Weakened or lost.

THIS HOUSE THEREFORE upon General princi- ples (for they know nothing of the peculiar state of Kayadorosseras, other than that it is a large Tract, thinly Settled, because formerly much exposed to Incur- sions from Crown Point) conceive it extremely dangerous, at this late day, to enter into an Enquiry, in which Suffi- cient light probably CANNOT be obtained, to direct a just and Accurate determination, and that the Precedent of Annulling the Crown Grants impeaches the Fidelity of the officers with whom the power to Grant Lands has been intrusted; Will render all property insecure; Give the highest disatisfaction to His Majesty's Subjects; Alarm their fears; and discourage the Settlement, Cultivation and Prosperity of the Colony.

THE HOUSE observe that the Vacating of the Patent of Kayadorosseras among others, was urged by Sir Charles Hardy in a Message of the 6th of July, and a speech on the

358 THE COLDEN PAPERS— 1761-1764

24th of September 1756; and Again in Another Speech of

the 16th of February 1757, and that the then General

Assembly in their Address of the 18th of the Same Month

of February informed his Excellency, "That upon enquiry

he would find the Proprietors of large Tracts on the

Frontiers, had paid very considerable Sums of Money,

first to the Natives for their Rights, Afterwards to the

Governors and officers of the Government, for fees

Attending the Patents, frequently as much as the Lands

were worth, and that to deprive those People of their

possessions, without a consideration, would be construed

a Proceeding harsh & dangerous."

AND this House being well assured that these Sugges- tions are true, find themselves constrained to adopt the same Sentiments; and doubt not but that Sir William Johnson, hath a Sufficient Influence, and by Assigning the Reasons aforementioned, will be able to render the Mohocks, who are the least populous, most easily man- aged, best affected, and most intelligent of all the In- dians, perfectly easy, and perhaps the Heirs and Assigns of the Patentees may, if called upon by the Government, be able to Supply such proofs of the extent, and fairness of the Purchase, as may facilitate Such good Endeavours on the Part of Sir William Johnson, to remove all ground of dissatisfaction among the Indians. A Measure which the Honor of the Crown in the Faith of the Royal Grants, and common Justice seem to recommend, as previous to any other Step, more threatening and detrimental to his Majesty's Subjects claiming those Lands; And who at this Day, are probably Purchasers for large and Valu- able Considerations, and will have much cause to com- plain, if instead of Protection from the Legislature, they find the Great Power of the Colony most unnaturally exerted to divest them of their property.

ORDERED That Capt. Douw & Col1 Livingston wait upon His Honour the Lieutenant Governor with the fore- going Opinion of this House.

By order of the General Assembly

ABRm Lott JUNr Clk

THE COLDEN PAPERS— 1761-1764 359

Indian Deed for Kayaderosseras Patent [Copy]

Samson Shelton Broughton Esquire

TO ALL CHRISTIAN PEOPLE to whom this pres- ent Writing shall come Joseph Hendrick and Cornelius Owners, Proprietors and native Maquas Indians and Sachims in the Behalf of that Nation send Greeting.

KNOW YE that for and in consideration of sixty Pounds current Money of the Province of New York to them in hand paid, at and before the Ensealing and de- livery hereof by Samson Shelton Broughton Esquire Attorney General of the said Province in Company, the Receipt whereof is hereby acknowledged, and of and from every Part and Parcel thereof doth fully Clearly and abso- lutely acquit Exonorate and discharge him the said Samson Shelton Broughton Esquire in Company their Heirs Executors Administrators and Assigns for ever have therefore granted bargained Sold iUiened Released En- feoffed Conveyed and Confirmed and by these Presents do fully clearly and absolutely grant Bargain sell Alien Release Enfeoffe Convey and confirm unto the said Samson Shelton Broughton Esquire in Company all that Certain Tract or Parcell of Wood Land situate lying and being in the County of Albany in the Province aforesaid Called or known by the name of Kayaderrosres adjoining to the North Bounds of Schoneghtade Patent together with the vacancy that lies between the ael Place [Aal- plaats creek] down along the River about one Mile more or Less on the East Side thereof to the West Bounds of Saratogas Patent, on the North Side thereof to Albany River and on the West Side thereof to the Native In- dians and Proprietors thereof for their Improvement, the North Bounds running along said River of Albany, To have and to hold the aforesaid Tract or Parcel of Wood Land and all other the Premises thereunto belonging with all and Singular other the Premisses and Appurtenances Unto him the said Samson Shelton Broughton Esquire

360 THE COLDEN PAPERS— 1761-1764

and the rest in Company their Heirs and Assigns forever in His and their quiet and peaceable possession and enjoy- ment forever In Testimony whereof the said Indian Pro- prietors have hereunto set their Hands and Seals in Albany the Sixth day of October in the third Year of her Majesty's Reign. Anno Domini 1704 Joseph X his Mark (Ls) Hendrick his X Mark (Ls) Gedeon his X Mark (Ls) Amos X his Mark (Ls)

Signed Seal'd and deliverd in the Presence of us being first interpreted by Hillitie Van Olinda Sworn Interpreter Hend. Jansen Justus, Johannes Rooseboome Justus, Johannes Cuyler Justis Johannis Mijingode Justis.

Secretary's office New York 2d October 1764 The above is a true Copy of the Record in this office in Lib : Lycenses to purchase, Warrants Indian Deeds && 1692 to 1714 page 125 &c Examd By

[Indorsed] Gw. Banyar D Secry

6 October 1704

Copy Indian Deed for Kayoderosseras

Assembly Chamber Read October 2* 1764

Grant of Kayaderosseras Patent [Copy]

ANNE by the Grace of God of Great Britain France and Ireland Queen Defender of the Faith &c. TO ALL to whom these Presents may come or in any wise concern sendeth GREETING. WHEREAS our loving Subjects Nanning Harmense [Visscher], Johannis Beekman, Rip Van Dam, Ann Bridges, May Bickly, Peter Fauconnier, Adrian Hooglandt, Johannis Fisher, John Tudor, Joris Hooglandt, John Stevens, John Tatham and Sampson Broughton, by their Petition presented to our right trusty and well beloved Cousin, Edward Viscount Cornbury, Cap1 Gen1 and Goverr in Chief of our Province of New York and Territories depending thereon in America, and

THE COLDEN PAPERS— 1761-1764 361

Vice Admiral of the Same &c. In Council have prayed our Grant and confirmation for all that Tract of Land situate lying and being in the County of Albany called Kayaderossres alias Queens Borrough: Beginning at a Place on Schonechtady River, about three Miles distant from the South-westerly Corner of the Bounds of Nesti- gione, the sd place being the South-westerly Corner of the Patent lately granted to Nanning Harmmense [Visscher] Peter Fauconier and others, thence along the sd Schonech- tady River westerly to the southeasterly Corner of a Patent lately granted to William Appell, thence along the Easterly, northerly and westerly Lines of the sd William Appells Patent down to the above said River, thence to Schonechtady Bounds or the southeasterly Corner of the sd Patent on the sd River, soe along the easterly Northerly & westerly Bounds thereof, down to the Said River againe, thence along the sd River up westerly to the southeasterly Bounds of a Tract of Land lately granted to Ebenezer Willson & John Abeel, and so along the said Pattent round to the southwesterly Corner thereof; on the sd Schonechtady River, thence continuing to run westerly up along the sd Schonechtady River to a Place or Hill called Tionoodehowe being five Miles distant or there- abouts from the sd southwesterly Corner of the sd Will- son's and Abeels Pattent, thence northerly to the north- west most Head of a Creek called Kayaderessres about fourteen Miles more or less, thence Eight Miles more northerly; thence easterly or northeasterly to the third Falls on Albany River about twenty Miles more or less, thence along the sd River down southerly to the North- easterly Bounds of Sarachtoga; thence along the sd Sarachtoga's northerly, westerly, and southerly Bounds on the said River, thence to the Northeasterly Corner of Anthony Van Schayck's Land on the sd River, so northerly and westerly along the sd Van Schaycks Pattent to the Northeast Corner of the abovesaid Pattent granted to Nanning Fauconnier and others, thence along the north- erly & westerly Bounds thereof Down to the abovesaid River of Schonechtady, being the Place where it first

362 THE COLDEN PAPERS— 1761-1764

began. The which Petition wee being willing to grant. KNOW YE that of our especial Grace certain Knowledge and meer Motion we have given granted ratified and con- firmed, and by these Presents for ourselves our heirs and Successors, do give grant ratify and confirm unto the said Nanning Harmense [Visscher] Johannis Beekman, Rip Van Dam, Ann Bridges, May Bickley, Peter Fauconnier, Adrian Hooglandt, Johannis Fisher, John Tudor, Joris Hooglandt, John Stevens, John Tatham and Samson Broughton their Heirs and Assigns all the aforementioned Tract of Land and Premises, and all and singular the Hereditamts and Appurtenances thereunto belonging within the Bounds and Limitts above in these Presents mentioned and expressed, together with all woods under- woods, Trees, timber, Feedings, Pastures, Meadows, Marshes, Swamps, Ponds, Pools, Waters, Water Courses, Rivers, Rivolets, Runs and Streams of Water, fishing, fowling hawking, hunting, Mines and Minerals standing growing lying and being or to be had used or enjoyed within the Bounds and Limitts above expressed, and all other Profits, Benefits, Priviledges Liberties, Advantages, Hereditaments and Appurtenances whatsoever unto the said Land and Premises or any Part or Parcel thereof belonging or in any wise appertaining in thirteen Parts to be divided (Except and always reserved out of this our present Grant all Gold and Silver Mines) TO HAVE AND HOLD one thirteenth Part of the Tract of Land and Premisses aforesd, with the Appurtenances hereby granted or meant mentioned or intended to be hereby granted as aforesaid unto the said Nanning Harmense his Heirs and Assigns forever, to the only proper Use and Behoof of the said Nanning Harmense his heirs and As- signs forever. One other thirteenth Part thereof unto the sd Johannis Beekman his Heirs and Assigns forever, to the only proper Use and Behoof of the sd Johs Beekman his Heirs and Assigns forever. One other thirteenth Part thereof unto the said Rip Van Dam his Heirs and Assigns forever, to the only proper Use and Behoofe of the sd Rip Van Dam his Heirs and Assigns forever; one other

THE COLDEN PAPERS— 1761-1764 363

thirteenth Part thereof unto the sd Ann Bridges his Heirs and Assigns forever to the only proper Use and Behoofe of the said Ann Bridges his heirs and Assigns forever ; one other thirteenth Part thereof unto the sd May Bickley his heirs and Assigns forever; to the only proper Use and Behoofe of the sd May Bickley his heirs and Assigns for- ever. One other thirteenth Part thereof unto the sd Peter Fauconnier his Heirs and Assigns forever, to the only proper Use and Behoofe of the sd Peter Fauconnier his heir & Assigns forever. One other Thirteenth Part thereof unto the said Adrian Hooghlandt his heirs and Assigns forever, to the only proper Use and Behoofe of the said Adrian Hooghlandt his heirs and Assigns forever. One other Thirteenth Part thereof unto the sd Johannis Fisher his heirs and Assigns forever, to the only proper Use and Behoof of the said Johannis Fisher his heirs and Assigns forever; One other thirteenth Part thereof unto the said John Tudor his Heirs and Assigns forever, to the only proper Use and Behoofe of the said John Tudor his Heirs and Assigns forever. One other Thirteenth Part thereof unto the said Joris Hooghlandt his heirs and As- signs forever, to the only proper Use and behoof of the said Joris Hooghlandt his Heirs and Assigns forever. One other thirteenth Part thereof unto the said John Stevens his Heirs and Assigns forever, to the only proper Use and Behoofe of the said John Stevens his heirs and Assigns forever. One other thirteenth Part thereof unto the said John Tatham his heirs and Assigns for ever, to the only proper use and behoofe of the said John Tatham his heirs and Assigns forever. And one other thirteenth Part thereof unto the sd Samson Broughton his heirs and As- signs forever, to the only proper Use and Behoof of the said Samson Broughton his Heirs and Assigns forever (except before excepted)

TO BE HOLDEN of us our heirs and Successors in free and common Soccage as of our Mannor of East Greenwich in the County of Kent within our Kingdom of Great Britain. YIELDING RENDRING AND PAYING therefore yearly and every Year from hence

364 THE COLDEN PAPERS— 1761-1764

forth, unto us our heirs and Successors, at our Custome House at New York, to our Collr or Recevr Gen1 there for the Time being, at or upon the Feast day of the Annun- ciation of our bessed Virgin Mary (commonly called Lady day) the Rent or Sum of four Pounds Current Money of New York, in Lieu and Stead of all other Rents, dutys, Services, dues and Demands whoever; Provided always and these Presents are upon that Condition, that if noe Improvm* be already had, or made upon the said Tract of Land hereby granted as aforesaid, nor on any Part of Parcell thereof, that then and in such case they the said Nanning Harmense, Johannis Beekman Rip Van Dam, Ann Bridges, May Bickley, Peter Fauconnier, Adrian Hooghlandt, Johannis Fisher, John Tudor, Joris Hooghlandt, John Stevens, John Tatham and Sampson Broughton their Heirs and Assigns some or one of them shall within the Time and space of seven Years now next following from and after the date hereof, settle clear and make Improvement of or upon some Part or Parcell thereof. IN TESTIMONY whereof we have caused these our Letters to be made Patents, and the Seal of our said Province of New York, to our said Letters Patents to be affixed, and the same to be recorded in the Secry's Office of our sd Province. WITNESS our Right Trusty and well beloved Cousin Edward Viscount Cornbury our Cap* Gen1 and Govr in Chief in and over our said Province of New York, and Territories depending thereon in America & Vice Admiral of the same &c. Att our Fort at New York the Second day of November in the Seventh year of our Reign 1708 Geq Clarke

Secretary's Office New York 2d October 1764 The afore- written containing seven pages in Folio is a true Copy of the Record thereof in this office in Lib. Patents 7 page 420 &c. Examd Ry

[Indorsed] G" BaNYAR D' SeciT

2* November 1708 Copy

of Kayoderossera's Patent Assembly Chamber Read October 2, 1764

THE COLDEN PAPERS— 1761-1764 365

From Sir William Johnson

Dear gir Johnson Hall 8br 9th 1764

I have the pleasure of yours of ye 1st Ins1 and I am glad to hear that the Lords of Trade & Plantations have given directions about the Vacateing the Patent of Kayadarosseras because I am convinced that the Indians were greatly imposed on thereby, & that it has been held to the exclusion of many Hundred fair Settlers, who would many years ago have made good Settlements thereon & paid a valuable consideration for such parts as the Indians could spare.

I have a long letter with a plan for Regulations in my Department, & with regard to Commerce from the Lords of Trade on wh they desire my Sentiments with all pos- sible dispatch, this, with the business which constantly surrounds me, you will readily conceive gives me scarce leisure to attend to anything else.

I am not able to give their Lordships a Satisfactory Account of the Exports & Imports for y* branch of Trade, especially at so short a Warning so that I have been able only to make a rough Estimate of the quantity of goods sold thro' out my whole District from Canada, Nova Scotia &ca to the Mouth of Ohio, wh at ye rate of the Number of Hunters will amount to ab* £170000 Sterlg. $ Annum, & to avoid Mistakes I have reckoned much less than the Number of Indians. I took notice in my Esti- mate of the Number of Persons throughout the Frontiers of each Province who trade wth the Indians many of whom are guilty of great frauds, & none of them Subject to Inspection. I therefore Judge it necessary that they should pay an annual Duty, & enter into Recognizance for the future as well as ye other Traders, & I flatter my- self it will in some measure agree with your opinion. I have also recommended in a strong light the necessity of allowing the Sale of Rum, I was oblidged to promise it to them what at Niagra, & without it they will never be contented besides that they can supply themselves with

366 THE COLDEN PAPERS— 1761-1764

other Articles on a much Smaller quantity of Peltry, & will gladly purchase that liquor at any rate, wh may enable us to encrease the Duty thereon, & the 111 conse- quences of that liquor will be guarded against by the Steps now to be taken. The Duty I proposed was £5 $ Cent, but double that Duty on liquors Arms & Ammuni- tion wh I know it will verry well bear, & ye Traders will think themselves happy that they have it to dispose of.

I have hinted at the Necessity of procureing Justice for the Indians in a Summary way before a Governour & myself; As you must have experienced the 111 conse- quences attending the want of such a power, & the con- sequence it is to the peace of ye Colonies to prevent In- dians from becomeing exasperated by 111 treatment, & to restrict any private persons, (on a severe penalty) from interfereing with Inds. as has been too often the case, & indeed verry near occasioned a Rupture between them & the Inhabitants, two Instances of which I have been lately a Witness of, & with ye greatest difficulty pre- vented. I make no doubt you will Join with me in re- monstrateing ye same to the Lords of Trade & Planta- tions, touching Debts & Abuses in trade that is already provided for by their Lordships plan.

I should be glad to know your Sentiments & that of the Council concerning Cobus Maybe & others resideing with out Title on Indian Lands at Conajohare as men- tioned in a former letter.

As you imagine the Council will do nothing in my Affair, (which I am surprised at) I think ye Plan you propose is the best, & shall be extremely glad of your good offices therein.

I am with ye utmost Esteem & Regard Dear Sir

Your most obedient Humble Serv*

Wm. Johnson

P.S.

As I understand that some of my friends in England have represented something to the Lords of trade con- cerning the Land, I thought it necessary to apprise you

THE COLDEN PAPERS— 1761-1764 367

of it, least you might represent it without my appearing in it, which I find I now must do, with regard to everry thing else I submit it to you to recommend it, as you shall Judge best, confident that you will do so as Soon as you can. I shall Sett about Surveying it next Week, as was proposed. Iam yrs&ca

The Honi-we W. J.

Lieut. Gov1"- Colden

Mr. Watt's Receipt for Money Paid to Him for Gen. Monckton

An Account of Money Paid to John Watts Esqr Octr 30th 1764 for the Honble General Monckton, by Lieut. Governor Colden VIZ Half of the Governor's Salary from the 1st of June

last to the 1st September £ 225. . 0. .0

Half of the Governor's Fees Receiv'd for Camp- bells Pat* 62..10..0 Half of for the Provincial Officers Pattent 150.. 0..0 Half of for Kemp & others their Pattent 51.. 5..0 Half of for Turner & others their Pattent 156.. 5..0 Half of for DeForest & others their Pattent 31.. 5..0 Half of the Governor's Fees Received from the Custom House from July 5* 1763 to July 5<* 1764 69. .16. .10V2

£ 746..01..10y2 Recd 30th Octr 1764, of His hon Lieut Gov Colden the above Sum of Seven Hundred forty & Six pounds One shilling & ten pence half penny for half of a Quarters Salary ending 1st Sep* & Sundry Land patents particularizd in the above act £ 746 . . 1 . . 10V2 Jn° Watts

Account of Money Paid to John Watts Esqr January 24th 1765 for the Honble General Monckton, by Lieutenant Governor Colden VIZ. Half of the Governor's Salary from the 1st Septr

to the 1st of December 1764 £ 225.. 0..0

Half of the Governor's Fees Receiv'd for the

Artillery Officers Pattent 150.. 0..0

Half of Cash Received from Mr Banyar on Ac- count of Fees Received for the Governor in the

Secrettarys Office 327. . 12. .6

Half of the Governors fees received at the Custom House from the 5th July 1764 to the 5th January 1765 34..18..7y2

£ 737..11..iy2 Recd 24th jany i765 0f the Honbe Lieut. Gov. Colden the above

sum of Seven Hundred & Thirty Seven pounds 11/1 1/2 for 1/2 of a

Quarters Salary & Sundry Fees, particularized above in said Ace*

£ 737.. 11.. 1. Jno Watts

Reed 22. May 1765. of the Honbe Cadr Colden Esqr One Hundred

& fifty Six Pounds 5 sh. half the Fees of Mr Shaw's Patent & Two

368 THE COLDEN PAPERS— 1761-1764

Hundred & twenty five pounds the half of a Quartrs Salary [ending?] the first of March, both on Ace* of Gov. Monckton £156.5 Jn<> Watts

225.

Receivd 17th Decr 1765 of the Hon™* Cadr Colden Esq' Two Hun- dred & Twenty five pounds, the half of a Quarters Salary Ending the first of June on Accou of Gen. Monckton, in behalf of John Watts £225.. Robt Watts

Recd 24th Feby 1766 of his Hon. Lieut. Gov. Colden, Three hun- dred Seventy five pounds Nine shill3 & Three pence on Ace1 of Govr Monckton W Ace* rendr'd

Jn° Watts £ 375.. 9.. 3

[Indorsed] Mr. Watts Receipt for £ 746:01:10% paid to him for General Monckton

From John Tabor Kempe Sir

In Consequence of an Application made to your Honor by Robert R. Waddel on behalf of Waddel Cunningham to permit and allow an Appeal pursuant to his Majestys thirty second Instruction to his Excellency Governor Monckton from the Supreme Court of Judicature of this Province to your Honor in Council in a Cause brought by Thomas Forsey' against the said Waddel Cunningham for assaulting and wounding him with a drawn Sword, in which Cause the Jury gave the Plaintiff fifteen hundred pounds Damages, I received your Honors Commands yesterday noon to give you my Opinion what is proper to be done in Obedience to the Royal Instruction, and at the same time I understood from your Honor that Mr Waddel expects in Consequence of his Application, not only that the Record and the Judgment should be re- moved before you in Council, but also the Evidence given in the Cause, and contends that it is the Sense and mean- ing of the Instruction, that your Honor and the Council are on such Appeals to determine the Merits of the Case on the Matters of Fact, as well as on the Points of Law.

This is a point of so much Consequence that I could have wished I had Sufficient time allowed me to give it that Consideration its Importance requires for a mistake of the Sense of the Royal Instruction, must injure one of

THE COLDEN PAPERS-1761-1764 369

the parties by imposing the due and intended Course of Justice. Yet as your Honor requires it I will endeavour to give my Sense of the Instruction understanding your Honors desire of my Opinion what is proper to be done, in that Light.

From my present view of this Instruction as it is not directed in express words I do not see that it must be con- cluded his Majesty intended to constitute the Governor and Council a Court to try any Cause de novo as far as relates to the finding of Facts, but incline to think the Instruction means to provide for the Subjects here relief for Errors in Law, similar to what the Subjects may have in England by Writs of Error, and for that purpose con- stituted the Governor and Council a Court to give such relief as is given in the Exchequer Chamber in England, with an Appeal over to his Majesty in Council as the dernier resort, as the Subject in England from the Ex- chequer Chamber may carry his Cause to the House of Lords as his dernier resort.

My Reasons for conceiving this the Intent of the Crown and that Errors in Law only and not matters of Fact are the Subject of the Instruction are 1st It is a Maxim in Law ad Questionem Juris respondent Judices ad Questionem ad Questionem Facti Respondent Jura- tores, and that the Crown intends to invest the Governor and Council with any other powers than that of Judges is not declared, for it is not directed in express Words that the Governor and Council shall try the Facts de novo; and supposing them only a Court of Errors, the Subject here is just in the same State he is in England, and the proceedings agreeable to the Common Law 2dly The Courts of Common Law do not take in Writing the Evidence given before them, but the Witnesses are examined viva voce in open Court, consequently no Evi- dence can be returned up from the Courts of Common Law for the Governor and Council to judge upon, (except where there is a Demurrer to Evidence), and it must often happen that the same Witnesses may not be to be had on the hearing before the Governor and Council, and

370 THE GOLDEN PAPERS— 1761-1764

the party's Cause stand in less proof before them than when it was first Tryed.

3dly The Instruction orders the Governor "to issue the Writ in the manner which has been usually accustomed" and by this I conceive a Writ of Error is meant, as the Common Law Writ on those Occasions, and indeed I know of no other for this purpose, and this is the Writ ever used here of which many have been brought return- able before the Governor and Council. And on this Writ nothing is returned up but what is in the Record and Facts are not determined on Writs of Error but matters of Law only.

4thly The Instruction further contains these words that "such of our Council as shall be at that time Judges of uthe Court from whence such appeal shall be so made "to you our Captain General or to the Commander in "Chief for the time being, and to our said Council as "aforesaid shall not be permitted to vote upon the said " Appeal, but they may nevertheless be present to give the Reasons of the Judgment given by them in the Causes wherein such appeals shall be made. This appears to me a further Proof that the Crowns intent is such as I con- ceive and that by the Word appeal is meant only such recourse to another Court as is usual in the Common Law that is, from the Judgment of the Court in matters of Law, and not from the Verdict of the Jury on matters of Fact, for the Judges being debarred from voting on the Appeal, I humbly conceive is founded on the Supposition they had given their opinion in the Court below, and could not therefore be indifferent persons, but this can not be the Case where matters of Fact are the Subject of the Determination ; for the Judges in the Courts of Common Law give no Opinion on or determine no matters of Fact, and consequently as to those will ever be entirely indiffer- ent, and as the Judges are debarred from voting on every Appeal as not being indifferent, I presume nothing but matters of Law in which only they could be under a byass was intended as a Subject of an Appeal for if on any Appeal they could be conceived indifferent, it is to be

THE COLDEN PAPERS— 1761-1764 371

supposed his Majesty would not have prevented their voting on it, as they from being accustomed to provide in Questions of property must be presumed to be good Judges of Evidence.

5thly I would beg leave to add to this, as I understand this Opinion is contrary to the practice gone into in some of the Provinces, that the Judges of the Supreme Court last Term, on Application to them in Court by the Friends of Mr Cunningham, delivered it as their Opinion that a Writ of Error was the writ meant by the Kings Instruction On the whole Sir as I humbly conceive the Kings Intent to be, that only the Errors in Law should be con- sidered and not matters of Fact tryed on an Appeal, I think a Writ of Error only should issue to bring the pro- ceedings before your Honor and the Council, but as from the Shortness of the time allowed me this is an Opinion formed in too much haste on a Subject of so much Im- portance. I am happy that your Honor intends to take the Opinion and Advice of the Council on this Subject this Morning, for as the Enquiry is not so much on a point of Law, as on the Intent of the King Expressed in the Instruction, your Honor and the Council will be much better able to collect the Royal Intention than Sir Your Honor's

most obedient & most humble Servt

New York Oct' 31st i764 J. T. KEMPE

G0Vr COLDEN

[Indorsed]

Atty General's Letter relating to

a Writ of Appeal

Deposition of Aaron Potman, Abraham Quackenbos,

Lewis Davis & William Printup, in relation

to the Kayaderosseras Patent

[Copy]

COUNTY OF] ^^s day appeared before me Peter

ALBANY I tannin -^S(lr one °^ h*s Majestys Jus-

J tices of the Peace for the aforesaid

County, Aaron Potman, Abraham Quackenbosh, Lewis

372 THE COLDEN PAPERS— 1761-1764

Davis, and William Printup, all of the said County Farm- ers who being all duly sworn on the holy Evangelists of the almighty God depose & say, and first the said Aaron Potman deposeth and saith that he is well acquainted with the Country wherein the patent of Kayaderosseras lys and is scituate, & that he is not in any wise concerned in any Determination Relative thereto. That he has for these twenty Years or there abouts heard the Mohock Indians (with whose language he is Acquainted) com- plain of the unreasonableness of the said Patent, & affirm that neither they nor their Ancestors ever sold any Lands to any thing near the ammount therein comprized, neither did they or their ancestors ever receive any consideration for the small quantity which they heard was sold that the Indians were greatly concerned thereat ; and that the chiefs have frequently spoke to ye depo* on the injustice thereof. The deponent further deposeth that he never heard that any survey or Partition thereof was ever at- tempted or made, and that the first settlers persons who settled thereon were two Familys about thirteen year ago, who did not settle there either by the desire or to the knowledge of the Propretaries or their Agents, or has he ever heard of any other Settlements made thereon, unless that of a very few Whom the Deponent has heard have lately settled towards Hudsons River. The depon* Abra- ham Quackenbosh deposeth & saith that he is well ac- quainted with the Mohock Language and with the Coun- try wherein the Patent of Kayaderosseras is scituate, that he lived for about fifteen years in the Neighbourhood of the lower Mohock Castle And that he well remembers that for these twenty years past, the Indians of that Castle have complained to the deponent of the great in- justice of the patent called Kayaderosseras, which they looked upon to be fraud [ul] entry obtained that the said Indians did not formerly give themselves much concern about it, as they said it was so great a fraud that no per- sons would attempt to lay claim thereby, that he knows of no settlers ever thereon, that he has heard of two

THE COLDEN PAPERS— 1761-1764 373

Familys having settled in the woods which might Prob- ably be comprized in the Pat* but that they did not take their farms from the Proprietaries, their claim being con- sidired in the Country as of no importance. The Depo* further deposeth that about thirty Years ago he was told by Ariva, the chief of all the mohocks, that a great many years before an Indian of the Mohocks was asked by Nanng Visger [Visscher] a man at Albany the names & Situation of some Lakes & Creeks now comprized as the Deponent is informed in the said patent, all which the Albany Man committed to writing, that he might the better remember them as he told the Indn, that on the Indians return to his Castle & reporting what passed, all the Mohocks said that they suspected the Albany Man was about to cheat them of their Lands, whereupon some of them went to Albany & spoke to the man who declared an inclination to make a small purchase from them but y1 they did not come to any fixed determination, & that neith[er] the said Ariva or the Indians of the Mohocks ever heard any more about it, the Depo1 further deposeth that the said Ariva observed much at the time of the aforementioned conversation of the unjust Measures of many of the White people about Indian Lands, & Said they were so covetous that if the Indians gave them a hand they would take an Arm; & the Depo1 further de- poseth that he is in no wise concerned in any Issue or determination relative to the said Patent.

The Deponent Lewis Davis, deposeth that he is ac- quainted with the Mohock Language and well acquainted with the said Indians for above forty years, that he never heard of the Patent of Kayaderosseras except from con- fused reports untill about Twenty years ago that he heard one Mr Nelson was about running some lines there, but was prevented by the Mohocks who fired upon his horses where upon he desisted, & the Depo1 never heard that any thing was done since or any persons ever settled on the said patent either by the Proprietaries or any ag1 for them, but that he has frequently heard the Mohocks say

374 THE GOLDEN PAPERS-1761-1764

that the said lands were never sold by them or their Ancestors and the depo1 further deposeth that he is not in the least concerned in any Issue or Determination relative to the said Patent. The Deponent William Printup deposeth that he is perfectly well acquainted with the Mohock language, having been formerly an Interpreter thereof, that about Fourty Years Ago he heard a conversation between his Fayr (who was also an Interpreter) & a Mohock chief called Hendrick, who had been in England in the Reign of Queen Anne wherein among other things the Depo1 further asked the said Hendrick what he knew concerning a Tract said to be Bought by Nanning Visger [Visscher] called Kayade- rosseras, of which Tract the Depots Fayr heard some dis- course, that the said Hendrick said that he had heard it reported that one Dekouwyadirha a Mohock had taken upon him to sell to the said Visger some Wood Land near Saratoga nigh Hudsons River which the said Hendrick said the Indians the more suspected as said Dekouwyadirha had given Visger a Descrip- tion thereof as was reported, that thereupon the Depots Father asked the said Hendrick whether it was looked upon as a good sale, to which the Said Hendk answered it was not, as it had never been done by the cons1 or with the Knowledge, of the Chiefs, neither was it Paid for, adding that Dekowyadirha had only sold a small piece of Woodland for his own private advan- tage.

The Depo1 further deposeth that repeatedly Since ye formentioned Period he has heard the Mohocks univer- sally declare that they never sold the said Patent, & that the same was unjust. The Depo1 further deposeth that the sd Pat1 was never surveyed or Partitioned, neither has been ever heard of any Settlers placed thereon, by the Proprietarys or their Agents, but that two Familys set- tled in the Woods of their accord some years ago on lands which may Possibly be comprized within the Limits Ex- claimed by sd Patent. And the Depo1 further deposeth

THE COLDEN PAPERS— 1761-1764 375

that he is not in the least concerned in any descision what- soever relative to the sd Pat1 of Kayaderosseras, & fur- ther the Depots say not

sworn before me the third of Novr 1764

From Sir William Johnson

Johnson Hall Novbr 3d 1764 Dear Sir

On my return from Conajohare I received your kind favours of the 15th & 22d Ulto., and I am much oblidged to you for the Draught of the favourable & Friendly letter you intend for the Lords of Trade.

I was not much surprised at the low unjust insinua- tion concerning Abrahams Speech. I have been accus- tomed to such Treatment, haveing always found that a strict regard to Equity and my Trust renders me obnox- ious to Interested People & their Connexions.

As the House of Assembly in their answer propose my reconcileing the Indians to the Patent, I should be glad you would inform me whether I should answer it, as they have not made any particular application. If neces- sary I can easily let them know the impropriety of my endeavouring to persuade the Indians to Submit to a Claim which I know to be unjust, and which the Indians are resolved to oppose. Indeed the frivolous arguments made use of by the House in support of the Pattent can be all refuted, as they must have arisen from their Igno- rance of the Subject. The pretence assigned to excuse the non settlement of the Tract is a verry gross error, much ye greatest and best part of it lying infinitely less exposed to the Incursions of an Enemy than any of the Mohawk River Settlements, or Stoneraby, which being good old Farms & well known are more tempting, as well as more convenient for being attacked. I settled above 100 Familys dureing the heat of the War, to the North,

376 THE COLDEN PAPERS— 1761-1764

& North Westward of ye greatest part of it, and they never were molested.

As you recommended to me to obtain the strongest Proofs in the affair, I Judged it expedient to have four of the Oldest Farmers not interested in the Decision ex- amined upon Oath before a Justice, a Copy of which Examination I herewith enclose You, and I have sent the like to the Lords of Trade, as the same may tend to Illus- trate the Matter. I shall be much oblidged to You for a Copy of the Indian Grant of Kayadarosseras. I have already the Bounds of the Pattent. I have taken the liberty to make an alteration of the Sum you mentioned I had given the Indians for my Tract. It was 1200 Dol- lars, & I do assure You I have given severall Sums since to the Indians on that Ace", I have also made 2 or 3 Small Additions which I hope you will approve of. Mr Croghan who is Just returned from England informs me that two or three of my friends there who knew something of the Affair had laid it before the Lords of Trade, who seemed disposed to order the Grant, this will I hope lessen the difficulty in obtaining it.

The Conajoharees have been again with me about Cobus Maybe, who resides without Pattent on their planting Lands, as mentioned in my former letters, I should be glad you would write me soon on that Subject.

The Surveyor will have done in about 10 Days, when you will receive a Coppy of his Survey, together with the Letter you drew up, that the same may be sent to Eng- land agreable to your kind intentions.

I am sincerely with all due respect Dear Sir Your most Hearty Welwisher & verry Humble Servant

Wm. Johnson

The Honrt>ie

Lieut. Govr Coldin

THE COLDEN PAPERS— 1761-1764 377

From Edward Sedgwick

S* James's, 10th Novr 1764. Sir,

I duly received the Honour of your Letter of the 21st of September, with printed Copies of your Speech to the Council and Assembly of New York, and of the Council's Address to you thereupon, which I immediately laid be- fore the Earl of Halifax.

His Lordship received at the same Time your Letters of the 22d of the same Month, and directs me to acquaint you that He lost no Time in transmitting the Depositions relative to the Seizure & Confiscation of Messrs Crugers Vessell off Hispaniola, to His Majesty's Ambassador at Paris with His Majesty's Commands to make proper Remonstrances thereupon to the Court of France.

I am with great Truth and Regard, Sir,

Your most obedient humble Servant Edw. Sedgwick.

Cadwallader Coldbn Esqr Lieu1 Govr of New York

From Gov. Montagu Wilmot

Halifax 10th Novr 1764 Sir

I had the honour to receive your favour, touching the Post Office, & its Delays, I imagine these Letters to be circular on that occasion, not having any particular object in view, but as intended to spirit the whole up to a per- formance of their Duty the neglect of the most minute part of which might be attended with circumstances ob- structive of the Governments service. Sir you very justly observe that Boston Post Office have been guilty of these neglects, or at least the Agents, for the Province hereto- fore have not paid that Attention to their Duty which might have been Expected from them, & I can with truth assure you that I have reed. Letters forwarded by Mr

378 THE CQLDEN PAPERS— 1761-1764

Watts of New Yorke (a Dispassionate and truly disinter- ested Person) which came from Places the most remote, more safely & secure than such as I have reed, from the Secretary of state on affairs which required Dispatch. This consideration will Lead you Sir to conceive, that a neglect of this sort requires more attention than perhaps appears at first sight. I have the Honour to be with a very respectfull attachment and Esteem. Sir Your most obedient & most Humble Servant

The Honble M' WlLM0T

Cadwallader Colden Esqr

Lieutenant Governor of New York &c. &c.

From John Tabor Kempe Sir

Since receiving your Note, I have searched every Re- porter in my Office, and every other Law Book I have where I could have any Prospect of finding any Vestige of the appeal you mention, but can find nothing of it, & have sent and searched Mr Smiths Office, as he has a Col- lection of many Reports that I have not, but it could not be found there, I doubt whether any Reporter has men- tioned it, if he had I think I must have found it, The Act of Parliament you refer to is I believe the 61 Geo: 1st Cap : 51 which I have sent by the Bearer.

In searching for the Case you mention I have found a Case to this Purpose that a Writ of Error will not lie in the House of Lords in Ireland, I have sent that Case it is in 1st Rolls Reports pag 17 near the Bottom, I find Ap- peals from the Court of the Stannaries in Devon & Corn- wall, in my Lord Cokes 4th Institute pag 230 at the Bottom which Book I have also the Honor to send you

I am Sir

Your most obedient humble Serv*

Friday Afternoon ^ T- KEMPE

16^ Novr 1764—

GOV1" COLDEN

THE COLDEN PAPERS— 1761-1764

379

BETWEEN Waddel

Cunningham

Claiming to be

Appellant and Thomas Forsey

Respondent

Reasons offered by Daniel Hors- manden Esqr Chief Justice of the Province of New York to his Honour the Lieu1 Governor, and the Honourable His Majesty's Council for the said Province against returning an Instrument under Seal whereby all Proceed- ings on the Verdict lately ob- tained by the said Thomas For- sey against the said Waddel Cun- ningham, in the Supreme Court are Commanded to be stayed, and an Other Instrument under Seal, whereby the Justices of the sd Supreme Court are com- manded to cause the Proceed- ings whereon the said Verdict was founded, to be brought be- fore the Lieutenant Governor and the Council. I beg leave to prefix a state of the Proceedings be- tween the Parties, in order not only the more clearly to avail myself of those Reasons but also in compliance with my Oath of Office, by which I am Bound to Certify the King's Majesty of the Proceedings on which those Instru- ments which I consider as Letters in Delay of Justice, are said to be Grounded.

On Wednesday last I Brought into this Court those Letters.

And as both the Prohibition and Command appeared to me unwarrantable I thought it my Duty to obey neither; but to lay the Instruments before you, and to Assign my Reasons for the part I acted on this new and Extraordinary Occasion, The Liberty you gave me to reduce the Substance of what I then Offered to Writing as it affords me an opportunity to Express myself with greater perspicuity, is an indulgence for which I return your Honour and the Council my Hearty thanks.

380 THE COLDEN PAPERS— 1761-1764

The Suit which Occasioned those Letters to the Judges (for they are directed to us all) was an Action of Trespass Brought in the Supreme Court, in which the Plaintiff Forsey declared for an Assault, Battery and Wounding, to his Damage £5000. upon which the cause was at Issue, on the Plea of Not Guilty; and the Jurors in the last Term of October, found for the Plaintiff; and assessed his Damages at £1500.

The Pannel consisted of a Special Jury of Freeholders struck at the Defendant's Request, no challenges were made to either of them. The Trial took up Twelve Hours, no Evidence that was offered by either party was refused to be admitted by the Court, All the Judges were upon the Bench, the Plaintiff had three, and the Defendant four Gentlemen attending as their Council, the Proofs were largely Summed up on both sides, and the Barr and Country must unanimously declare that the Trial was Regular and Solemn; and conducted with the utmost fairness and Deliberation.

On the 27th of the Month, tho' the last day of the Term, on which no special Motions are made, the Council for the Defendant were indulged with a Motion for a New Trial ; but no reason being Assigned but a Complaint that the Damages were Excessive which did not appear to the Court to be well founded; and the Trespass being very atrocious, and the Proofs clear, the Court over-ruled the Motion.

It affords Strong Ground of Presumption that the Process and pleadings are Regular, since no Writt of Error has been yet offered to us, the Verdict of the Jury must therefore be the sole cause of Complaint, and Relief against that is now Expected from your Honours.

This seems to be founded upon an Erronious Interpre- tation of the thirty Second Instruction given by His Majesty to the Governor of this Province, a Construction which I could not countenance, by an obedience to the Letters sent to me, for the following Reasons. lstly. Because it supposes the Royal Order to Aim at alter- ing the Ancient, and wholsome Laws of the Land.

THE COLDEN PAPERS-1761-1764 381

By the Common Law of England the Trial of Facts is intrusted to the Jury; and the Power to declare the Law upon them is committed to the King's Judges, these are distinct Provinces, and the Limits between them guarded by invariable usage, and the most incontestible authori- ties. The Errors of the Judges may be corrected by superior Judicatories ; as for Instance those of the King's Bench in the Exchequer Chamber and by the House of Peers. But in all these Removes, the Verdict of the Jurors suffers no Re-examination; but is final and decisive. This is the Law at Home.

The Supreme Court here proceeds in the main accord- ing to the Practice of the Courts at Westminster and the Common Law of England, with the Statutes affirming or altering it before a Legislature was established here, and those passed since such Establishment expressly extended to us, with our own Legislative Acts, (which are not to be repugnant to the Laws of England) constitute the Laws of this Colony, -and tho' there are many Instances of Judgments Reversed and affirmed in a course of Error, before the Governor and Council, I do affirm with the highest confidance that not one Verdict was ever re- examined by any superior Judicatory in the Province.

An Attempt then to re-examine the Verdict of a Jury, is repugnant to the Laws both of England and this Col- ony.— This is well known to the Crown and to suppose that His Majesty designed to change the Law, and that too in one of its most importance articles is certainly absurd; and being Dangerous both to the Prorogitives of the Crown, and the Liberty and safety of the Subject, it is in my Humble Opinion highly Criminal to Assert that the King's Order has any such Aim. nor IIdIy Is there any shadow of Reason from the Words of the Instruction, to countenance such a Bold Interpreta- tion.

'Tis true the Governor is to permitt and allow appeals from the Court of Common Law, and who can deny but that in common Speech, the Bringing of a Writt of Error as it carries the Cause from a lower to a Superior Tribunal

382 THE COLDEN PAPERS-1761-1764

is an appeal, And surely that must be the best Expli- cation, which satisfies the Term, without altering the Law, especially if we consider that the Royal Instructions given before the year 1753, adopted that very Term as appli- cable to cases of Error ; the Words of the former Instruc- tions running thus, "you are to allow appeals in case "of error from any of the courts of common law", and that such is the meaning of the appeal mentioned in the present Instruction as it is understood by His Majesty in Council will appear from the Case of Gordon and Lowther 2 Ld Raymond 14.147; Add to this, that the present Instruction does itself refute the Interpretation, upon which this Measure is founded, for you'l be pleased to Observe.

(1) That the Truth is that all the Appeals we have had I except none, have been in Error and prose- cuted by Writts of Error: and it being His Majesty's Pleasure that the Governor upon ap- peals, "shall Issue a Writt in the Manner which has been Accustomed." no Other appeal than by such writt is directed.

(2) The Judges of the Supreme Court, the Members of the Council are forbidden to Vote in the De- cision above; for which I can assign no Other Reason than because they are supposed to have prejudged the cause especially as leave is never- theless given them to render the Reasons of their Judgment, as the Judges do in England upon Error brought before the Peers; and as they are only Judges of the Law and not Triers of the Facts, these Causes evidently imply that the appeal given is only in Error, and not upon the Verdict of the Jury.

Besides this numberless objections against a contrary construction may be drawn ab Inconvenienti, permit me to mention a few.

I. Who is ignorant that in the Courts of Common Law the Evidence of the Witnesses to the Jury is all Viva Voce? It Results therefore that they can transmitt noth-

THE COLDEN PAPERS— 1761-1764 383

ing but a Transcript of the Record which contains no part of the Proofs the Court above remains then uninformed of the Facts upon which the Verdict was given, and can- not adjudge upon them without a Re-examination of the Witnesses, against that attempt several Objections in- stantly Occurr. I will hint at but two.

(1) The Cause must be made Res integra; for the Want of Written Memorials of the first Evidence renders it impossible to confine the Proofs above, to what they were in the first production to the Jury. and so the trouble and charge of the Trial to the Parties, Court and Country were all to no purpose; and

(2) It tends to open a Flud-gate to Perjury; for both Parties being now apprized of the Proofs which were secret 'till the first Trial, every effort will be made to blacken the Character of the most material Witnesses, and to supply all former deficiencies.

And from these Sources such Streams will flow as would extort the Groans of all who delight in the due Adminis- tration of Justice.

II. The appeal contended for impeaches the Wisdom of our Law in that distinguishing article of Trials by Jury; since all Verdicts in causes above the Value of £300. . . Sterling would be Worse than in Vain.

III. It will incourage a Spirit of Litigiousness, and intro- duce Idleness, to the Ruin of many Families and the great Impoverishment of the Country.

IV. The Expence attending such appeals will be in- tollerable, as the Proofs before the Governor and Council must Necessarily be reduced to Writing, to form what Civilians call the Apostella for the next remove of the Cause to his Majesty in Privy Council it will follow that according to their Usage there must also be Interroga- tories, Cross-Interrogatories, Examinations and Cross- Examinations, and the production of Exhibits, and he that is acquainted with the process of the Civil Law Courts, will readily agree that the Evidence introduced on a common Law Trial of Twelve or Twenty four Hours, especially when Titles to Real Estates are in Question,

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and Deeds offered, will if Reduced to Writing swell the apostels to a Size so enormous, that the Trouble and charge of the Suit will often surpass the Value of the thing in Demand, and it may be of use to observe here as a farther Proof, that it was not the Object of the In- struction to allow appeals upon the whole Merits, that you have not officers to Transact the Business that would thereby be Introduced, the Court of the Governor and Council having neither a Register nor Examiner to this day appointed by the Crown.

V. It would be impossible for these Courts of appeal to discharge the Duty to which they would in such case be Obliged. The Governor and Council must set de die in Diem, all the year round for the Business of their Colony and how then can His Majesty in Privy Council, be- sides attending to the Arduous affairs of His Kingdoms, examine all the Tedious Complaints brought up from all the Provinces for his Royal Decision?

VI. To what an Amazing insecurity and Danger must the Subject according to this project be reduced and exposed!

Let me specify a few Instances.

(1) As the Expence so the Delays will be Infinite. How great then the Encouragement for contention? What wrongfull possessor and debauched Tenant will give up his unjust Defence? What Trespasser will pay the Damages of an injured Plaintiff, when as in this Case, the Death of either party is the perpetual extinction, not only of the Suit depending, but the very cause of Action? What Loser will not appeal upon the bare presumption that the first Witnesses against him may be Dead, or Absent, on the new Trial?

(2) Witnesses of good and bad Characters will have in effect equal Credit with the Judges, for they and those by whose Testimony they are to be supported or discred- ited will all be unknown by the Judges who are to pro- nounce upon their Evidence on the appeal.

(3) New modes of Introducing Proof will necessarily Establish new Rules relative to them, and as all special cases cannot be foreseen, nor provided for, the Subject will

THE COLDEN PAPERS— 1761-1764 385

be tried by new Laws, and often by Laws unpromulged, or to speak more properly by the Dictate of Power with- out Law.

These are some of the Reasons which induced me to be of Opinion that the King's Instructions do not counte- nance the Exercise of any Judicial Authority to reverse the Verdict of a Jury. And as they give me the fullest satisfaction I shall forbear assigning any Others, tho' there are many. The first is sufficient for us, who sit as Judges. The Law Warrants no such Letters as those which the Defendant sued out and delivered to me. We have taken the Oath prescribed by the Statute of the 18 of Edwd 3. and have Sworn "to deny no Man common "Right by the King's Letters, nor none other Mans, nor "for none Other Cause; but to proceed to Execute the "Law notwithstanding the same Letters."

Upon the whole therefore I cannot avoid complaining of these Letters, as an unwarrantable abuse of the King's name, and his Judges. He that sued them out, did it at his Peril; and ought to Answer the Contempt They are not only against Law, but couched in Terms very dis- respectfull. We are commanded to Obey at our Peril, and as an Outrage upon all the Rules of Decorum, one part of the abject duty enjoyned upon us, is to notify the Plaintiff Forsey even of the Indignity offered us.

I have only to add, that as the Power of Administer- ing Justice is one of the most Important of all Powers, it ought not to be assumed without the clearest Authority none of your Predecessors ever heard an appeal from the Verdict of a Jury, my long Residence in the Colony, and Seat on the Bench and at the Board of Council have given me opportunities for some considerable Experience; and I know of no attempt, 'till this, to bring such an appeal and from the Refusal of Counsel to support the Defend- ants application you may Naturally conclude that the whole Body of the Law consider it as illegal whether a Single Word in the Royal Instruction, will Warrant your Assuming this great and important power, I submit to your own Deliberations; not doubting but that many

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Objections will arise in your own Minds, which have been omitted by me, and might have been suggested by my Brother Justices who are now unfortunately all out of Town.

19th Novr 1764— Dan Horsmanden

[Indorsed] Cunningham & Forsey

From Sir William Johnson

_ „. Johnson Hall Novbr 20th 1764

Dear Sir

Since my last to you of the 3d Inst wherein I wrote you fully, I have been a second time to Conajohare, and fin- ished that part of the Survey which Mr Vroman left un- done when he went to York, and as soon as he returns, the Survey will be sent down.

Whilst I was at Conajohare the Sackims of that Castle, with much concern let me know that George Klock was about sending his Son George Klock Junr. to Europe, and that He had by some wicked underhand means or other prevailed on a Couple of Indians of that Tribe to Accompany his Son to England &ca. They are all so verry uneasy at it, as also about those who carried away last Year, & not yet heard of, that they most earnestly requested y* Klock might not be allowed to carry them away by any means. This Klock, has occa- sioned me infinite trouble these Several Years & y6 Crown much expence to settle ye many differences & Quarrels which he has (from low Interested views) occasioned & fomented between the Indians & Whites, as well as between the Indians themselves who are divided in Partys by his doings, and live no more in friendship with each other as usual, but like Enemys, neither can I prevail on those who live in a constant Scene of Drunkenness about his House & place, to pay any regard to my Admonitions as they formerly did so that in fact he has debauched & taken away so many of those, who were ever before, firm friends to the English Interest

THE COLDEN PAPER S— 1761-1764 387

and as I am fully convinced that his Motives for Sending those two Indians with his Son &ca to England, are wicked & calculated only to serve his (& perhaps his Associates) sordid Ends, at y6 Expence of the Peace of this part of the Country. I must request you will prevent His takeing the Indians with him as it will inevitably be productive of much trouble.

It gives me infinite concern to find that nothing has been done this Campaign (notwithstanding y6 Immense Expence which the Mother Country & Governments here have been at this Year, in Sending Armaments against those Nations of Inds who remained obstinate) but what will greatly redound to our discredit in the Eyes of all the Indian Nations. Affairs between Us the Shawanese, Delawares & other Indians of Ohio being by all Acctts still verry confused & unsettled, as they realy must be, having neither fought them, nor brought them to our Terms, What then must they and all others think of Us. This is enter Nous.

What I have now said concerning Klock is only to yourself, and I shall be extremely glad, would you give me your opinion what steps can be taken ag5* him for Interfereing with me as he does in my department. If the Plan at present in hand at Home takes place it will enable me to prevent such Persons meddleing with the Indians hereafter.

I am with ye utmost sincerity & respect Dear Sir

Your most hearty Welwisher & Humble Servant

Wm. Johnson

The Honrble Gov Colden

From George Harrison Sir

Agreeable to your Honors request I now send you an Extract, from my Register, of the Conversation that past in the fort in Tuesday the 30th of last month, relative to

388 THE COLDEN PAPERS— 1761-1764

Mr Cuninghams application for an Appeal, and is as follows.

Upon Mr Waddell & myself comeing into your Honors room, we found you in Conference with Mr Kemp, who you desired to advise you what was proper for you to do, and that he would draw a proper writ to bring the Matter before you, to which he answerd that he could not advise you, and that he knew of no writ, but a writ of Error that could bring the matter before yr honor & the Councill, to which you replyed that Mr Waddell did not want to bring it up by writ of Error, but upon the merits of the Case and that he, as Attorney General was the properest person to advise you, & make out the writ, to which Mr Kemp An- swered, that he knew of no such writ and therefore he could not Draw One, upon which I asked him to Explain to me the nature of a writ of Inhibition upon which he told me that a writ of Inhibition or Injunction were much the same thing, why then replied I may not such a writ Answer the purpose. No Sir says he, I never knew of such a thing in Courts of Common Law, tho' they are very Common in Civil Law Courts, and therefore I cannot do it. Whereupon your Honor turning to Mr Waddell and my self, told us to Attend on the Morrow and we should then hear further of it, and that for your part you was determined to do what you thought right, without regard to any Man. We then took our Leave, and left Mr Kemp with you.

I beg your pardon Sir for not sending you this Earlyer, but I have bin so hurried in writing all this week, that I had really forgot 'till this morning, I am with the great- est Respect your Honors

Most Obed* Serv*

George Harison

N York 24«* Novr 1764

The Honble Cadw* Colden Esqr Lieu1 Governor &c &c

[Indorsed] from G. Harrison, with an abstract of his Minutes of Notary Public

THE COLDEN PAPERS— 1761-1764 389

From Philip Stephens

Admty Office 26th Novr 1764. Sr

My Lords Commissioners of the Admty having sent by the Cornelia Merchant Ship, William Montgomery, Master, bound to New York, a Box, directed to Lord Col- vill, Commander in Chief of His Majesty's Ships in North America, at Halifax, and directed him to deliver it to you ; I am commanded by their Lordships to desire you will please to cause the said Box to be forwarded to Lord Colville at Halifax, in North America; by the first Con- veyance. I am,

Sir, Your Excellency's

most Obedient humble Servant

Php Stephens

His Excellency R* Moncton Esqr, or in his Absence to Lieut. Governor of New York [Indorsed] Admiralty Office

From Gen. Thomas Gage

New York Novr 27th 1764. Sir,

The Remainder of His Majesty's fifty Fifth Reg1 being ordered down here in order to be sent Home, and the 30th Reg1 to be disbanded; I have as Customary, sent to beg the Mayor would provide them the allowance of Fire- Wood usualy allowed the soldiers who were in the Bar- racks in this City. The Mayor returns for Answer, that He has no Funds for these Purposes; and further, that there is no Law to Quarter soldiers in the Publick Houses, as practised in England. You will excuse my Troubling you in this Business, as I am at a Loss to know how I can supply the soldiers with Fuel; and beg the Favor of you to use your good offices with the Magistrates, that they may fall upon means to furnish the Barracks with Fire-

390 THE COLDEN PAPERS— 1761-1764

wood in the same Manner as they have hitherto done. I am with great Regard, Sir, Your most obedient humble Servant

Hon™* Lieut Gov' Coldbn THOS. GaGE

Report of John Tabor Kempe Concerning the Southold Indians

To the Honorable Cadwallader Golden Esquire Lieutenant Governor and Com- mander in Chief of the province of New York and the Territories depending thereon in America.

In Council. May it please your Honor.

I received the Order of this Honorable Board of the 26th Sept last, made on Complaint of the Southold Indians claiming Lands in that Township, whereby I am commanded as his Majesty's Attorney General for this Province to commence Suits for the Recovery of the Lands of Right belonging to the said Indians, unless the parties in possession of or interested in the premises do on or before the third Wednesday in Octr last fully satisfy and content the said Indians in respect to the said Lands, and the Agreement thereupon be laid before this Board and approved of.

As I have yet done but little in pursuance of that Order and as I doubt whether as a public Officer any Thing is in my power to do to assist them least I should appear wanting in the Respect Due to this Board I am induced to represent the Reasons why no Suit has been commenced by me in the Behalf of the Indians.

And first I am not possessed of sufficient Materials to judge of the Validity of their Claim, and the properest Method of proceeding to recover their Right if they have any nor can I procure them from the Indians, who are so extremely ignorant, that after many Endeavours for

THE COLDEN PAPERS— 1761-1764 391

that Purpose I cannot make them understand what I want, and I have nor can get no farther Instructions re- lating to their Title than what the Order of this Board contains, and the Copy of the Town Order mentioned in the Order of Council, on which I would beg Leave to make some Observations.

It appears that the Land the Indians Claim, is part of the Township of Southold, granted to the Inhabitants formerly by Letters patent, and I presume was purchased from the Indians, as thay do not pretend the Contrary but claim under the Order made at the Town Meeting.

I understand that the Township was granted in Joint Tenancy and that all the Right the Inhabitants have to hold in severalty is the Orders made at their Town Meet- ings, and entered in their Minutes, & that tho this could convey no legal Title to hold in severalty, yet the Courts of Justice, considering the Ignorance of those Times, and the Confusion the Contrary would introduce, have ad- mitted them as valid for that Purpose.

The Indians therefore if the Order respecting them is similar to those respecting the other Inhabitants, upon the same principles will have as a good Title as the other Inhabitants have there if their Right is not barred by any Thing subsequent to that Order.

But it does not appear this Town Order respecting the Indians is similar to those respecting the other In- habitants^— I observe they are prohibited from cutting Wood on the Common Lands and tho for want of seeing any of these Town Orders respecting the other Inhabi- tants, I do not know whether there are any Words, in any of them allotting the Lands to the persons forever, yet I observe there is nothing in the Entry relating to the Indians from whence it can be inferred unless the Form of the Orders respecting the Inhabitants are in this Re- spect also deficient any thing more was intended than as a License to settle & Inhabit this peice of Land, as Tenants at Will to the Inhabitants.

If this Order should invest the Indians with a Fee Simple in these Lands in severalty as fully as the other

VOL. TI

392 THE COLDEN PAPERS— 1761-1764

Inhabitants are by similar Orders, yet I am informed that in Consequence of the verbal Exchange made in the Year 1691, the Indians settled on Indian Neck, and that they never settled at South Harbour, if so the Statute of Limitations I fear will barr their Right, to the Lands at South Harbour. And I doubt whether it will be thought by the Judges, allowing the utmost for the Ignorance of the Times, that a bare Parole agreement can so operate as to give them a Right to the Lands at Indian Neck, if it has been possessed against the Indians within Sixty years.

I am also farther informed that there is some Instru- ment executed between the Indians and Inhabitants re- specting one or other of these Peices of Land, but I cannot find out the purport of it, nor where it is to be found. The Operation of that is proper to be known before a Suit is commenced.

Your Honor will permit me further to observe that this Tribe of Indians, are the Kings natural born Sub- jects, and have a Right to be redressed by the Laws of the Land, and by the same Method of proceeding as any other of the Kings Subjects, and that I may be guilty of Maintenance should I sustain the Suit of one Subject against another and that as a public officer if this is not a Governmental Affair, as I conceive it is not, by main- taining the Cause of one Subject against another I am liable to very grievous punishment. For by the 1st Richd 2 "It is enacted that no person whatsoever shall "take or sustain any Quarrel by Maintenance in the "Country or elsewhere, on grievous pain, that is to say "the Kings Counsellers and great Officers on a pain that "shall be ordained by the King himself by Advice of the "Lords of this Realm, and other Officers of the King on "pain to lose their offices and to be imprisoned and ran- somed and all other persons on pain of Imprisonment "and Ransom &c."

Upon the whole from the present View I have of the Indian Claim, it appears to me very doubtfull on their Side, but it is possible it may be cleared up by better

THE COLDEN PAPERS— 1761-1764 393

Information, I hope I shall be excused in giving my Opinion, that as they are poor and cannot bear the Ex- pence of a Law Suit, when by sufficient Information their Title shall appear good and it can be known in what Method they should proceed, they ought to make Appli- cation to sue in Forma pauperis, when they will meet with the same Indulgence as the rest of his Majesty's Subjects, and have an Attorney and Council appointed to prosecute for them

I have the Honr to be Sir Your most obedient & most humble Serv1

J. T. Kempe New York Novt 27th 1764.

From Peter Collinson

Lond* 10br 7: 1764

I acknowledged the favour of my Dear Friends Let- ter of Augst: 11 & forwarded Docr Whyts

An affair has happen'd in your province which hath Given Our Society much concern a young man of your Citty was called as a Wittness & refused to take an Oath, was threatned with fine & Imprisonment if He dot, being Intimidated He took it contrary to his concience & our Christian principle

Our Friends Here are much troubled to be informed of Such Harsh proceedings in a Country where all profess Liberty of Concience.

I here Inclose for my Dear Friends perusal a Coppy of a Letter from our Society to One In yr Citty In which will be Seen how the Case stands Here, and Wee hope for the Same Lenity from your Legislator

I know your Own Generous principals and what a Friend you are to Liberty, therefore I am the more per- swaded of your kind Influence to metigate the Rigour of Such proceedings and what will be an additional Mark of your Tenderness, & Regard, to discourage as much as may

394 THE COLDEN PAPERS— 1761-1764

be our Friends being Summoned on Juries, in Cases in which they cannot Act consistent with their principles (I never was Summoned on a Jury) These Hints are Submitted with great difference to your prudence & Dis- cretion by your Sincere & Affectionate Friend.

P. Collinson

[Indorsed]

To the Honbie Cadwalladeb Colden Esqr These

From Gen. Thomas Gage

New York Decr 7th 1764. Sir, c

It gives me great pleasure to be able to acquaint you, that by an Express arrived from the heads of the Mus- kingham, I am informed that the Shawnese and Dela- wares, and other tribes on the Ohio, have been reduced to the most humiliating peace, by his Majesty's Arms under the Command of Colonel Bouquet; and that a general peace is now made with all the nations who had risen in arms against Us. The perfidy of the Shawnese and Dela- wares, the Contempt they shewed us and the breaking thro' all the ties and engagements, which even savage Nations hold sacred amongst each other, made it abso- lutely necessary to reduce them by force, and to march into their Country: The troops under Col1 Bouquet have penetrated into the heart of their Settlement, and obliged them to deliver up, all their prisoners, even their own Children born of white Women, and to send deputies to Sir William Johnson to settle a peace upon such further terms as should be imposed upon them: for the perform- ance of the last, and as a security that no further hostili- ties should be committed, a number of their principal chiefs have been delivered up as hostages above two hun- dred prisoners had been delivered into our hands, and more were expected from the Shawnese. Several of our parties had been sent into the villages of that nation, to

THE COLDEN PAPERS-1761-1764 395

assist them in collecting the captives, and bringing them to Fort Pitt. I take the first opportunity to congratulate you on the happy conclusion of all hostilities with the Indian Nations, who had appeared in arms against his Majesty, and to enable you to give such notice as you see convenient to the merchants, that the trade may again be carried on with the several Nations. I am with great Regard

Sir Your most Obedient Humble Servant

Thos. Gage

Honble L1 Governor Colden

From Earl of Halifax

S* James's 8th Dec1 1764. Sir,

I have received & laid before the King your several Letters of the 9th, 10th, 11th, 13th, & 14th of October, with their Inclosures upon the Subjects of Illicit Trade; the Establishing Ferries on the Post Roads; Stamp Duties; Escheated Estates in your Province; and the Enquiries you had made into the Complaint of the Spanish Am- bassador by order of His Court: All which I have com- municated to the several Branches of Government; to which they have Relation. And I have the Satisfaction to acquaint you that your Diligence & Exactness in obey- ing His Majesty's Orders have been much commended. I must observe that you should have sent the Inquisitions upon the Escheats to the Treasury & Board of Trade, they relating solely to those Departments.

I am with great Truth and Regard, Sir,

Your most obedient humble Servant

Dunk Halifax

Cadwallader Colden Esq1" Lieut. Govr of New York

396 THE COLDEN PAPERS— 1761-1764

From Sir William Johnson

Johnson Hall Decbr 11th 1764 Dear Sir

I have to acknowledge the receipt of yr favour of the 28th Ulto. I have also received the Copy of the Indn. purchase of Kayadarusseras, wh I must say is verry ab- surdly worded, altho it evidently points out a much smaller quantity of Land than is comprised by the Patent. I took notice of ye proposal, for reconcileing the Indians to that Pattent. You & I have been long acquainted with a sett of People who being solely governed by In- terest, Judge of everry Man from their own feelings & whoever will Maintain the dignity of the Crown, or en- deavour to protect ye Indians Just rights is always sure to feel the sting of Malice. Had their low insinuation any appearance of Truth, it might in some degree touch me, but altho I have sufficient materials by me to shew the error not to say falsity of everry assertion they have made use of in their Resolve, or answer, I think it below my Notice at present to contradict them.

I have sent Duplicates of the Affidavits to the Lords of Trade, and had I had more leisure at the time of write- ing I could have produced severall others to the same effect.

I have heard of the resolution to grant no more than 20000 Acres to one Person, for which reason, and as I apprehend since the Survey it may amount to near 80000. I would insert My Son John Johnson, Daniel Claus, & Guy Johnson Esqrs with my own Name but Mr Vroman haveing gone to York before ye Survey was quite finished I have not yet been able to see the Draft or know the Quantity.

I am heartily sorry to find that any difficulty Should arise with regard to Maybes being removed. A Man who lives on the Indians planting Lands without a Just claim & Consequently in contempt of his Majestys late Procla- mation. The Indians are constantly with me about it,

THE COLDEN PAPERS-1761-1764 397

and imagine after hearing what was said by His Majestys Proclamation that we trifle wth them.

I am everry day more & more convinced of ye neces- sity there is for a method to do the Inds Justice in a Sum- mary way as well with regard to property, as otherwise, for Instance in the Affair of Klock, 'till some proper Plan be adopted for preventing it, everry interested fellow set up perhaps by others equally interested can at all times intice two or three Idle Indians to England either with design to exhibit them for a little Cash, or to impose them on Persons in power, as men of consequence which must prove highly disagreable to the Indians in General, as well as hurtfull to the Public, should any Persons at Home suffer themselves to be imposed upon by them, but of this I am little apprehensive.

There were three Indians who sett out from Cona- johare, but one of them (a fellow who has left the Castle & lived for some years with Klock) repented and is re- turned back.

What you have mentioned with regard to Appeals in civil cases appears verry necessary, & I am persuaded the Colonists in general have greatly deceived themselves as well as hurt their Interest at Home by their impotent Attempts to intimidate ye Government at home, where the Prerogative of the Crown is, & will be more supported than ever. The Mystery you mention in Co11 Bradstreets Conduct could easily be cleared up, if the Public had an impartial Detail of the Proceedings of the Campaign, but People in general are liable to be greatly deceived by partial representations of matters they are unacquainted with, neither can they perceive the Absurdity of the Subjection and Dominion said to be acknowledged by the Ottawaes & Chippawaes, as they are ignorant that these words were never used, nor have any words to express them by. This much I am sure of, that whenever these Nations hear what they are said to have declared, it will require no small address to prevent a War more terrible than the last. As for the Shawanese Delawares & In- dians of Sandusky, they still continue our Enemys not

398 THE COLDEN PAPERS-1761-1764

withstanding the Transactions with the 10 Impostors who met ye Army in Lake Erie August the 12th & the Treaty of the 29th Septbr with the Wiandots of Sandusky. On the Arrival of my officers who Accompanied the Army, I shall know still more of the Matter, they, with the great- est part of the Indians, & a considerable Number of the Troops were oblidged to March provisionless thro the Woods, from where the Boats (near one half) were (by acctts) lossed by some unlucky neglect, by which many Men perished in ye Woods, & many more would have shared ye same unhappy Fate but for the Assistance af- forded them by the Inds along with them, and that of the Senecas thro whose Towns they passed, as I am credibly informed by Several of the Officers private Men & our Indians.

As Soon as the return of the Survey is ready I shall forward it to you, with the letter you was so good to draw up and I beg you will beleive I am now, and at all times with ye utmost sincerity & respect

Dear Sir Your most Hearty Welwisher & Affec1. Humble Servant

Lieut. Governour Coiden W^ JOHNSON

From Sir William Johnson

_ „, Johnson Hall Decbr 18th 1764

Dear Sir

I had yesterday the favour of your letter of the 10th Ins\, and at the same time received the verry agreable news of the success of Co11 Bouquets proceedings, wh considering his Scituation & force have been verry impor- tant & the more so as ye Shawanese were in Expectation of receiving a large Cargoe from the Illinois, from whence they have been constantly supplied by the French ever Since the commencement of Hostilities, and this must continue to be ye Case until we shall become possessed of that Country.

The Indians will expect a Trade to be opened with

THE COLDEN PAPERS-1761-1764 399

them early in the Spring. All the Nations who met me at Niagra were verry earnest concerning it. It were to be wished that the Plan for the future Management of In- dian Affairs was Settled before it was opened, and I am in some hopes it will arrive before the Traders can set out. At present I can only say that I am of opinion such Licences as are granted before the final regulation should contain a Claus binding the Traders to follow such Or- ders & Regulations as are shortly to be made on pain of forfeiting their Licence or Recognizance &ca. We cannot take too much care to guard agst abuses at the Revival of this Trade, as most People will be for taking advan- tages at the beginning of it, which may prove verry Hurt- full, & overset our Measures with the Indians.

I heartily wish you may effect the affair of Appeals, and I can easily conceive the opposition it will meet with from those whose Interest it is to oppose, but the Plan they seem to lay down of paying court to their Sovereign by abridgeing his Prerogative, will probably prove the ruin of all their Schemes.

I am extremely glad to hear of Genr1. Gages Estab- lishment in the Command, it will put a stop to many Peoples hopes, who relied on imposeing on GenrP Monk- tons unacquaintancy with them & his easy disposition, and I heartily wish you may long enjoy the Government, & contribute to support his Majestys Just Rights & Pre- rogatives.— & I hope you will beleive

that I am with ye greatest Sincerity, & Esteem Dear Sir Your most Obedient Humble Servant

The HonrMe Gov' Colden W1"' J°hNSON

From Gen. Thomas Gage

New York Decr 30th 1764. Sir,

I have received your Letter of yesterday, concerning

some Disturbances the Officers are accused of having been

400 THE GOLDEN PAPERS— 1761-1764

guilty of at the Assembly. If any have intruded without Tickets or proper Leave they should be Named as they might be spoke to upon it. But I can't learn from indif- ferent People, that there was more Noise than usualy proceeds from Gentlemen and Ladys talking together; in which the offices had as great a share as other People, and the Accidental falling of a Bench. The Ground of the Complaint from what I have heared, proceeds on some Difference after the Assembly was over. Gentlemen and Ladys wanted to dance which the Managers would not allow them to do, and locked up the Assembly Room. This obliged the Dancers to get a private Room in the House, where they danced for some Hours. Some Person piqued at this, wrote a Paper which was published in the News, treating both Gentlemen and Ladys with very great Indecency. That Paper was reported to be wrote by some of the Managers, and the next assembly a number of officers, asked them whether they were the authors of the Paper, & which they denied. Whether this occa- sioned any mere Disturbance I never heared nor can I meet with any Person who says it did. The Affair of the Drums I have particularly enquired into, and I am possi- tively assured, that no such Instruement was brought into the House. But am told the Musick of the Army was there. Upon asking with what Intention it was brought there, I am told with an Intent to dance after the Assem- bly was over. Whether that was the Intention of the Musick or not I can't say, but I don't hear any use was made of it.

If you hear of anything more particular or any Indi- viduals pointed at, as being guilty of Riots or Disturb- ances you will be so good to acquaint me. As I shall at all Times be glad to cooperate with you in keeping Peace. But I can't see in what has passed, unless more has hap- pened, that there has been any Insult on the Libertys of the People or that there is more than a Dispute between the Managers and some gentlemen and Ladys, whether the latter shall dance after the Consert or not? If it is improper, The Ladys will no Doubt be prevented to do it

THE COLDEN PAPERS— 1761-1764 401

by their Friends, and not lead the Gentlemen into Scrapes. These are matters I can have no Concern in. Gentlemen who are so good to take the trouble to become Managers of any Publick Divertion, deserve the thanks and Protection of the Publick. If any of them have re- ceived any Insult beyond the Question asked them, they ought to declare it and say who it was insulted them. The asking the Question in the Assembly Room was very improper, as it brought People in Groupes and I find occasioned some gross abuse as well from the Gentlemen of the Town, as from the Officers against the Author of the Paper. I can hear of no other Disturbance or any Intentions of making any riot whatever. The Managers did not afterwards choose to let the Musick play, a few Ladys only had come and went away and the Concert broke up. I am with great Regard Sir, Your most obedient humble Servant

Thos. Gage

INDEX

Aalplaats Creek, 359.

Abeel, John, owns patent on Mo- hawk River, 361.

Abraham, a Mohawk chief, address of, to Sir William Johnson, 347- 349; mentioned, 356.

Academy of Sciences at St. Peters- burg, 213.

Acadia, not a part of Canada, 320.

Acadians, desire to go to the French West Indies, 318; emis- saries sent through colonies to gather, 318; question of trans- porting, referred to Colden, 318; opinion of the N. Y. Council concerning, 319-320 ; considered British subjects, 319-320," 321; useful to the English, 320; for- bidden to emigrate from Nova Scotia, 320; would become loyal English subjects, 321.

Admiralty, question of jurisdiction in case of the Sampson, 106; cases of treason and crime com- mitted on the high seas tried under, 173; Lords of, give in- structions to ship captains, 224, 240 ; Court of, to prosecute ship- owners who fail to ransom ves- sels captured by the French, 299, 300 ; order inquiry into a bribery case, 333, 334.

Admiralty Office, 389.

Aepinus, professor, of St. Peters- burg, 215.

Agriculture, improvements in, in England, 289.

Ajoues, 268.

Albany, Amherst thanks Colden for writing to sheriff of, 1; Dutch officials in, 13; William Johnson recommends Capt. Fer- rall for sheriff of, 32; list of companies mustered at, 47, 51, 53; warrant to sheriff of, to ar- rest Patrick Flynn, 85-86 ; Henry Barclay wishes to be freed from

obligation to, 101; Amherst orders pease purchased at, 154; sheriff of, to receive a murderer from Massachusetts, 157; in- habitants of, defy army officers concerning impressment of horses, 164, 168-169; mayor of, writes to Colden about impress- ment, 169; provincial troops to be sent to, 177; troops at, to be paid bounty, 186; troops at, re- fused to leave without bounty, 187; corporation claims ground occupied by army storehouses, and tears down fences, 227; to be prosecuted, 227-228; troop of horse from, of little value, 230; militia of, ordered to Schenec- tady, 231-232; Johnson recom- mends John Hansen as sheriff of, 235; Amherst and Johnson meet at, 241, 247; fort at, needs repair, 242; Mayor of, tells John- son of Indians trading at, 245; N. Y. Assembly votes troops to guard communications between Oswego and, 249; sheriff of, im- prisons inhabitants of Pownall, 342-343; sheriff of, gives differ- ent account of arrest of N. H. citizens, 351; Gov. Wentworth offers bail for prisoners in, 352; Kayaderosseras Patent situated in county of, 359; depositions of four farmers, concerning Kaya- derosseras patent, 371-375; men- tioned, 6, 38, 40, 41, 46, 47, 50, 53, 54, 56, 58, 59, 61, 62, 64, 65, 66, 156, 157, 158, 163, 168, 175, 187, 227, 234, 246, 248, 251, 271, 292, 294, 303, 371, 373.

Albany River. See Hudson River.

Albemarle, Earl of, sails from Bar- badoes for Martinique, 212; mentioned, 176.

Alexander, James, land grants of, 188-189.

403

404

INDEX

Alsop, John, a ship owner, 210.

Alsop, Richard, an owner of the Fox, 210.

Alston, Dr., professor of botany, death of, 17, 33.

America. See North America.

American Colonies. See Colonies.

Amherst, Jeffery, letters of, to Cadwallader Colden, 1, 1-2, 2, 14, 14-15, 21, 22-23, 23-24, 24-25, 38, 38-39, 40, 41-42, 46-47, 47-48, 50- 51, 53, 56, 56-57, 58-59, 59-60, 61- 62, 62, 64, 64-65, 65, 66-67, 71-72, 73, 76, 78, 80, 82-83, 84-85, 104, 111, 117-120, 123-125, 127-128, 128-129, 131-132, 132, 133, 134- 135, 135-136, 136-137, 137-140, 140, 143-144, 144, 144-145, 145, 146-147, 154, 155, 158, 159, 159- 160, 161-163, 165, 166-168, 168- 169, 169, 170, 173-174, 176, 176- 177, 177-78, 178-179, 182-183, 183- 185, 185-186, 186, 187, 187-188, 189, 209(2), 212, 227-228, 234- 235, 241-242, 286-87, 321-322; let- ters written to, by Cadwallader Colden, 121-122; by William Winepress, 163-164; thanks Colden for writing to Albany sheriff, 1; tells of king's death, 1, 2; asks N. Y. to raise troops, 2, 15, 24, 72; Gov. Bernard sends newspapers to, 5; advises Colden about forwarding of mail, 14; asks for warrant impressing ves- sels, 21; stops billeting money, 22-23, 72; asks Colden to use his influence with the Assembly, 24, 25 ; recommends Schuyler, 38, 40, 47; sends Colden lists of companies mustered at Albany, 46, 47, 50, 51, 53, 54; learns about Oneida murderer, 48, 53, 57; news of Cherokee defeat sent to, 55; orders encampment prepared on Staten Island, 56, 57; wishes information about Renaud, 59, 62, 64; N. Y. Assembly refuses to vote requisition of, 72 ; thanks N. Y. Assembly, 73; Colden recommends Lieut. Turnbull to, 76; orders of, concerning a de- serter, 78; asks Colden to give orders for the draft, 83; thanks Colden for orders, 84-85; wishes release of Delaware captives, 104; to requisition recruits, 107, 119-120, 123-125; asks Colden to execute orders concerning troops, 117-120; Colden asks, for troops

to prevent a riot, 122; considers N. Y. resolves insufficient, 127; N. Y. Assembly votes bounties for, 130; objects to exportation of supplies to St. Augustine, 133; announces quota for spring campaign, 134-135; names can- didates to purchase provisions, 136 ; sends Colden proof of trade with the enemy, 137-139, 161- 163; asks Colden to prohibit il- legal trade, 137, 139-140,. 163, 170; complains of merchants, 143; employs Watts and De Lancey to purchase provisions, 143-144; invited Colden to din- ner, 154; desires an embargo in several colonies, 163, 166-167; complains of interference with army officers at Albany, 168, 169; tells of disposition of N. Y. troops, 176-177; discredits re- ports of illness in the West In- dies, 184; wishes to protect the city from contagion, 184 ; reports deserters, 189; asks that Albany corporation be prosecuted for destroying army fences, 227-228; will refer BlundePs case to Sec- retary of War, 235 ; reports In- dian insurrections to the king, 238; confers with Sir William Johnson, 241, 247; asks Colden to forward frontier defense, 241- 242; has disagreeable voyage to England, 287; well received by king, 287 ; brother of, mentioned, 287; promises to use his influ- ence for Colden, 322; mentioned, 6, 15, 40, 87, 164, 212, 239, 248, 249, 311.

Amherst, Col. William, 65, 146, 186.

Amsterdam, English vessel from, permitted to pass, 334.

Amyand, Claudius, commissioner of customs, 9.

Anderson, John, to be hanged, 120; Chief Justice Pratt asks a reprieve for, 120; Colden fears riot in behalf of, 122.

Annapolis, Md., 5.

Annapolis (Nova Scotia), Am- herst to appoint a surgeon to reside at, 186.

Anne, Queen, grants Kayaderossras to Nanning Harmense Visscher and others, 360-364; mentioned, 374.

Antigua, 51.

INDEX

405

Appeal, Lords Commissioners of, decide for Capt. de la Rosa, 3; legal opinions concerning, from Supreme Court to governor in council, 368-371, 379-386, 388; difference between, of law and fact, 369-371, 381-385; method of, in England, 369, 378, 381; men- tioned, 397, 399.

Appell, William, owns patent near Schenectady, 361.

Apples, shipped from N. Y., 211.

Appy, John, 86.

Apthorp, Charles Ward, letter of, to Cadwallader Colden, 305-306; signs proclamation of George III, 8; receives mandamus for a seat in the Council, 305; asks Colden reason for his not being admitted to the Council, 305- 306; a second mandamus signed for, 332: mentioned, 333.

Arentsz, Jan, Capt. Hansen steals from, 74.

Arentsz, William, 74.

ArgyJe, Duke of, 290.

Ariva, a Mohawk chief, 373.

Army, British, Amherst asks war- rant for impressing vessels for, 21; to be engaged in an impor- tant enterprize, 41; to encamp on Staten Island, 56, 57; to be recruited in the colonies, 107- 108, 119, 123-125, 130, 161; to be used for offensive campaign, 118; Colden asks for detachment of, to guard the sheriff at an execu- tion, 122; bounties offered to re- cruits enlisting in, 124, 129; Colden's proclamation concern- ing bounties offered for enlist- ment in, 129-131; provisions to be procured for, 135-136 ; officers of, defied by inhabitants at Al- bany and Halfmoon, 164-165, 168-169; N. Y. city officials wish sick of, segregated on Bedloes Island, 182; Amherst believes the, in the West Indies is in good health, 184; Albany

. magistrates destroy fences around storehouses of, 227 ; num- bers of, in N. Y. decreased, 242; useless against the Indians, 267; N. Y. magistrates refuse to fur- nish fire wood for, 389; have difficult march through the woods, 398; officers of, accused of improper conduct at an As- sembly dance, 399-401; provides

music for a dance, 400. See also Regiments.

Artillery Officers' Patent, gover- nor's fees for, 367.

Aruba Is. See Oruba.

Assembly. See under name of colony.

Assembly Room, disturbance at a dance held in, 399-401.

Auchmuty, Samuel, signs procla- mation of George III, 7; writes to Benjamin Pratt, 68; to wait on Colden concerning Pratt, 82.

Bache, Theophilacte, signs procla- mation of George III, 8; letter to, advising about trade with the French, 138; Colden orders a nolle prosequi in the suit against, 301 ; signed a bond to send cargo to Jamaica, 301.

Bacon, Edward, member, Board of Trade, 28, 106, 216, 217, 308.

Bahama Is., king's orders sent to governor of, 5; mentioned, 60, 240.

Ball, John, master of the Jove, 210.

Banyar, Goldsbrow, letter of, to Cadwallader Colden, 319-320; signs proclamation of George III, 8; to present Johnson's peti- tion to Colden, 20; as deputy secretary records Colden's com- mission, 27; thinks Johnson will have difficulty in obtaining land license, 43; Johnson writes to, about his land, 86, 175; sends orders about Klock to Johnson, 175; collects governor's fees in the secretary's office, 367; men- tioned, 131, 188, 335, 337, 356, 360, 364.

Barbadoes, 49, 52, 138.

Barber, John, Lieut., Burton's Reg't., wounded in battle with Cherokees, 54.

Barclay, Rev. Henry, letter of, to Cadwallader Colden, 100-101 ; Indians give land to, 19, 100; offers to surrender land for a glebe, 19; Mohawks wish to make glebe from land of, 19, 46 ; writes to Colden, 87; desires to promote religion among the In- dians, 100; conditions on which he will sell his land, 100-101; Mr. Ogilvie succeeds, 100; pre- pares criminals for death, 120.

406

INDEX

Barclay, Hens, signs proclamation of George III, 7.

Bard, John, 219, 322.

Bard, Samuel (son of John), letter of, to Cadwallader Colden, 322- 323 ; course of study of, in medi- cine, 322-323.

Barr, Dr., 232.

Barrington, Viscount, 34.

Bart, Philip Francois, gives Wil- liam Carlisle permission to trade at French ports, 137.

Bartram, John, 112, 291.

Bath, Earl of, 34.

Bayard, William, mentioned, 127.

Bay Verte, 326.

Bedloes Is., purchased by N. Y. for the segregation of contagious diseases, 182; N. Y. officials wish sick soldiers from the West Indies sent to, 182; Amherst's hospital director to inspect, 184; transports carrying sick soldiers to stop at, 184.

Beef, unloaded at Oruba, 74; shipped from N. Y., 149, 211; of- fered to the army at N. Y., 163.

Beekman, Gerardus G., an owner of the Dove, 210.

Beekman, Johannis, one of Kay- aderosseras patentees, 360-364.

Belair, Sieur Nadeau de, should be prevented from encouraging Acadian emigration, 319; to ap- ply to Colden, 320; influences Acadians to emigrate, 321.

Bell, Mr., surgeon, Burton's Reg't, to leave N. Yv 61.

Belleisle, strength of, 57; citadel of, probably captured, 57; cap- ture of, confirmed, 64, 67; illness among troops from, 184.

Berkeley, Lord, of Stratton, 34.

Bermuda, sea between, and Vir- ginia patrolled, 63; mentioned, 261.

Bernard, Francis, governor of Mas- sachusetts, letters of, to Cad- wallader Colden, 5, 21, 157-158; forwards king's orders to colonial governors, 5; prepares des- patches, 21 ; orders officials to as- sist John Temple, 122; reports capture of the N. Y. sloop Sally, 178; sends Gage the Assembly's answer to Gage's requisition, 279 ; Colville asks to investigate a bribery, 333; mentioned, 179.

Bernier, account of, concerning customs in India, 214.

Bethell, Nathaniel, master of the Hester, 138, 210.

Bickly, May, one of Kayaderos- seras patentees, 360-364.

Bishag, John, boarded a Spanish sloop, 331.

Black River, Pa., a vessel cleared from N. Y. for, 211.

Blagge, Benjamin, signs proclama- tion of George III, 8.

Blair, W., clerk of the privy coun- cil, 35.

Blasius, Lawrence, German tailor of Canojoharie, inveigles two Indians to go to England, 285.

Bloomingdale, 306.

Blundel, Christopher, store keeper at Fort George, 234; case of sal- ary of, to be referred to Secre- tary of War, 235.

Board of Trade, letters from, to Cadwallader Colden, 9-10, 25- 28, 28, 105-106, 308, 329-330; to Sir William Johnson, 324-328 ; to Robert Manckton, 216, 217; to John Stuart, 329; approves N. Y. law concerning justices of the peace, 10; sends Johnson instruc- tions about Indians, 11; Colden to report state of N. Y. to, 28; repeal of law empowering, to nominate colonial officers, 35; applications for land licences to be transmitted to, 103; disap- proves N. Y. law, 105-106 ; refers case of the Sampson to counsel, 106; Manckton must correspond with, 216, 217; Sir William John- son receives communications from, 248, 266; Colden writes to, concerning boundary disputes, 300; memorial of N. Y. mer- chants sent to, 300; table of fees to be sent to, 313; asks advice of the superintendents of Indian affairs, 324-329, 365; submits plan for administration of In- dian affairs, 325-329 ; asks Colden to report all land grants, 329- 330 ; gives directions for vacating Kayaderosseras patent, 365; ap- prized of Sir William Johnson's desire for land, 366, 376; men- tioned, 52, 189, 308, 309, 366, 395, 396.

Boards, shipped from N. Y., 211.

Boerhaave, Dr., 17.

Bogart, John, Jr., signs proclama- tion of George III, 8; must ran- som the Dove, 299.

INDEX

407

Bogart, John I., 318.

Bolingbroke, Lord, 206.

Bonora, Nicolas, sloop of, boarded by English pirates, 331.

Books : Colden, First causes of action in matter, 193; Principles of ac- tion in matter, 193, 197, 265. Coke, Sir Edward, Institutes,

378. Law Reporter, 378. Linnaeus, Species Plantarum, 112. Miller, Dictionary, 112. Philosophical Essays of the

Edinburgh Society, 213. Raymond, Reports of cases, 382. Rolle, Reports of cases, 378. Stuart, Tracts mathematical and

physical, 16. Von Swieten, Comments on

Boerhaave's aphorisms, 17. Whytt, Robert, Essay on the vital motions of animals, 218, 273.

Boone. Thomas, governor of N. J. and S. C, letters of, to Cad- wallader Colden, 10, 31-32, 36, 43, 69, 116; letter to, from Cad- wallader Colden, 29-30; hopes for harmony between N. Y. and N. J., 10; Colden asks, to co- operate in erecting Sandy Hook lighthouse, 29-30 ; asks Colden to examine Vaudrile, 31-32; thinks purchase of Sandy Hook land should be by private contract, 36; appointed governor of S. C, 37; wishes proceedings against Vaudrile hastened, 43; orders county militia to prepare for defense against Indians, 69; en- ters upon the administration of South Carolina, 116; mentioned, 125.

Bordeaux, 299.

Boston, little intercourse between, and southern colonies, in winter, 5; M. Comte's papers relating to the people of, sent to the gov- ernor, 170; postal agents at, neglectful, 377; mentioned, 5, 21, 68, 76, 81, 122, 157, 261.

Bostwick, David, clerk, signs proc- lamation of George III, 7.

Bosveld, governor of Curagoa, let- ter^of, to Cadwallader Colden, 73-75; complains of depreda- tions committed by Capt. Han- sen, 73-75; hopes for continued

TOL. YI

friendship between Dutch and English, 74-75.

Botany, Dr. Alston professor of, 17; Dr. John Hope appointed professor of, 33; Hope desires American seeds, 33; various names applied to allspice tree, 112; species of magnolia, 112; description of Peter Collinson's garden, 288-289, 290-291; trees sent to Collinson, 290; Samuel Bard studies, 323.

Bounties, offered to recruits in the regular English army, 124, 271; N. Y. Assembly appropriates money for, 129; method of pay- ment of, 129 ; Colden's proclama- tion concerning, offered for en- listments in the regular army, 129-131; Colden gives orders to pay, to troops at Albany, 186; troops refuse to leave Albany before receiving, 187.

Bouquet, Col., defeats the Shaw- nese and Delawares, 394; im- poses terms of peace on the In- dians, 394; success of, 398.

Boyd, Capt. John, letters of, to Cadwallader Colden, 49, 63 ; cap- tain of the Penzance, 49; cruises off coast in search of French vessels, 49, 63.

Bradick, Isaac Gualter, English merchant, failure of, 94; con- tracted debt at Madeira, 97.

Bradstreet, Col. John, inhabitants of Albany and Halfmoon disre- gard the impressment warrants of, 164; complains to Gen. Am- herst, 168; Deputy Quartermas- ter General at Albany, 227; Al- bany Dutch Church serves writ on, 227; complains of action of corporation of Albany in tear- ing down army fences, 227; en- lists men, 265; arrives safely with army at Presqu' isle, 340; concludes peace with Indians,

340, 341 ; overtures of peace pre- vented, from attacking Indians, 342; goes to Detroit, 342, 346; mentioned, 154, 165, 187, 227,

341, 342, 346, 397.

Branson. Philip, deputy sheriff, ar- rests George Spencer, 93, 94.

Bread, bought at N. Y. for the English fleet, 183, 185-186, and army, 187; price of, in England, 289.

408

INDEX

Brett, Mme. Catharyna, letter of, to Sir William Johnson, 190-192; difficulties of, over land, 190- 192; owns old patent, 190; Old Nimham friendly to, 191; men- tioned, 237.

Brewerton, Col. George, enlists re- cruits at N. Y., 46; reports de- serters, 189.

Bribe, war ship accepts, to pass an English vessel from Holland, 334.

Bricks, shipped from N. Y., 149.

Bridges, Ann, one of Kayaderos- seras patentees, 360-364.

Brigantines, see under Ships.

Bristol, 90, 94, 96.

British army, see Army.

Broughton, Sampson, one of Kay- aderosseras patentees, 360- 364.

Broughton, Samson Shelton, In- dian deed to, for Kayaderosseras Patent, 359-360.

Brown, Lieut. Philip, recruits for Shirley, 61.

Bruce, Mr., surgeon of artillery, 39.

Brush, Mr., one of Banyar's clerks, 188.

Buenavides, Salvador, vessel of, boarded by English pirates, 331.

Bull, Capt., captured, 345.

Bull, William, Lieut. Gov. of South Carolina, letters of, to Cad- wallader Golden, 36-37, 52-53, 54-56; orders for southern gov- ernors sent to, 5 ; worried about Indian affairs, 37; reports vic- tory over Cherokees, 54-55; mentioned, 59.

Burke, Edmund, John Pownall sug- gested, for agent of N. Y., 83.

Burlington, N. J., 127.

Burlington Barracks, 295.

Burnet, John, N. Y. coroner, death of, 145.

Burnet, William, governor of N. Y., Mme. Brett complained to, 191.

Burnetsfield, N. Y., 42.

Burns (Byrn), Capt., company of, mustered at Albany, 47.

Burton, Col., 332.

Butter, shipped from N. Y., 211.

Byrd, Col., 53.

Byrn, Capt., see Burns.

Caghnawaga Indians, see Indian

Tribes. Cambridge, England, 214.

Campbell, Daniel, Johnson recom- mends, as justice of the peace for Schenectady, 117.

Campbell, Donald, governor's fees for patent of, 367.

Campbell, James, indicted in Orange Co. court for counter- feiting Spanish coins, 244; John Peterse Smith prosecuted for harbouring, 242-245.

Campbell, Robert, captain of the brigantine Friendship, 138, 210.

Campbell, Robert, a ship owner. 210.

Campbell, Capt., patrols the coast, 63.

Campbell, Ensign, Burton's Reg't, wounded in battle with Chero-

Campbell, Lt. Col., 295.

Campbell, Mr., received land grant near Saratoga, 297.

Canada, Indians of, make land agreement with the Mohawks, 44; Johnson would endow Prot- estant Church with Jesuit lands in, 280; Caghnawaga Indians ar- rive in N. Y. from, 317; pro- vision of Treaty of Utrecht cov- ering emigration from, 319; Acadia not,, a part of, 320; French wish to induce emigra- tion from, 321; Mohawks hoped for peace after reduction of, 348; mentioned, 237, 267, 270.

Canadasaggo, see Kanadassegey.

Canajoharie, Eve Pickard lives at, 11; congregation near, wishes to build a church, 19, 46; Indians give Johnson land near, 20; In- dian castle at, gives Johnson land, 43; Ury Klock lives at, 87, 269; Klock ejects tenants at, 175; Mohawks insist upon re- gaining land at, 228-229; Indians should be secured on lands near, 232; Sir William Johnson to re- view militia of, 248; Johnson re- turns from, 375, 386; mentioned, 285, 366, 397.

Canajoharie Indians, see Indian Tribes.

Candles, shipped from N. Y., 211.

Canestigione (Nestigione), 361.

Canestoga Indians, see Indian Tribes.

Cannon, Peter, justice of peace for Albany Co., depositions sworn before, concerning the Kayaderosseras Patent, 371-375.

INDEX

409

Canowaraghare, an Oneida vil- lage, 294.

Cantion, Mr., cannot understand Colden's Principles, 31.

Cape Florida, 240.

Cape Francois, New Yorkers trade at, 138, 139, 151, 161, 162, 163; the Dove's cargo delivered at,

150, 153; provisions plentiful at,

151, 152; French fleet at, 151,

152, 153; the Beaver captured by a schooner from, 152; list of vessels at, from the English col- onies, 212; Acadians wish a pass to go to, 318; mentioned, 138, 147, 150, 154.

Carle, John, signs proclamation of George III, 7.

Carlisle, William, master of the Dove, obtains permission to trade at French ports, 137; evi- dence sufficient to apprehend, 146; should be summoned to Fort George, 147; story of the voyage of, to the French West Indies, 149-154; mentioned, 138, 139, 149, 210.

Carolinas, king's orders sent to governor of, 5.

Case, Benjamin, proprietor of In- dian Neck, 355.

Case, Moses, proprietor of Indian Neck, 355.

Castle, Robert, commander of the Beaver, engaged in West India trade, 152.

Castles, Mohawk Indian, patents to require consent of whole, 11, 12; uneasiness in, 12; included in Livingston Patent, 12, 87; to be informed of Colden's resolu- tion, 18 ; give Sir William John- son land, 20, 43, 298; send six chiefs to Johnson about Kaya- derosseras, 347; complain of in- justice of Kayaderosseras patent, 372, 373.

Castles, Indian, English traders should not be allowed at, 278; Canajoharie, complain about Cobus Maybe, 346, and Klock, 386; mentioned, 12, 19, 397.

Catawba Indians, see Indian Tribes.

Cayes (Ocoyes), Haiti, N. Y. ships trade at, 162, 178.

Cayuga branch of the Susque- hanna, enemy Indians on, 277.

Cayuga Indians, see Indian Tribes.

Chambers, James, signs proclama- tion of George III, 8.

Chambers, John, signs proclama- tion of George III, 8; second justice of N. Y. Supreme Court, 86.

Champbell, Mr., 156.

Chancery, Court of, Colden chan- cellor of the N. Y., 89, 90, 98; George Spencer desires to defend his case in, 91, 98; Spencer not entitled to aid or counsel from, 92.

Charles, Robert, letter of, to Cad- wallader Colden, 300-301; John Pownall considers, well-qualified for N. Y/s agent, 83; sends Colden acts concerning N. Y., 300-301.

Charleston, S. C, successful the- atre in, 281-282; gayer than N. Y., 282; mentioned, 5, 36, 52, 54, 116, 281, 285.

Charlotte of Mecklenburg-Strelitz, marriage of, to King George III, 75; coronation of, 79; form of prayer for, 80.

Charlton, Mr., Amherst offers sur- geoncy to, 186.

Cheer, Miss, London actress in Charleston theatre, 282; roles played by, 282.

Cheese, shipped from N. Y., 211: bill for, 221.

Chenussio Indians, see Indian Tribes.

Chenussio, Indian deputies from, visit Sir William Johnson, 266; mentioned, 277; Delawares live near, 345.

Cherokee Indians, see Indian Tribes.

Cherry Valley, N. Y., company at, 280, 294; inhabitants of, wish continued protection, 305.

Chickasaw Indians, see Indian Tribes.

Chicoutimi, suitable for Indian trading post, 326.

Chineagun, an Indian, murdered by Hunkamug, 157.

Chippewa Indians, see Indian Tribes.

Cholmondely, Earl of, 34.

Christening, Indians go to Bur- netsfield for, 42.

Chughnot, 277.

Church, Lappius's congregation near Canajoharie wishes to build a, 19, 46; new form of prayer

410

INDEX

to be published in, 80. See also Dutch Church, Trinity Church.

Civil authority, should exericse jurisdiction over Indian mur- derers, 48; unfriendliness be- tween, and military in Albany, 169.

Clarke, Capt., 286.

Clarke, George, 364.

Clarkson, David, signs proclama- tion of George III, 8; George Spencer owed money to, 96.

Clarkson, David, Jr., 96.

Claus, Daniel, named as a patentee with Sir William Johnson, 396.

Clayton, Mr., 291.

Climate, influence of, on human energy, 283; a hard winter in England, 289.

Clinton, James, letter to, from Cadwallader Colden, 291; com- pany of, mustered at Albany, 47; Colden orders, to station his men along the Minisink Road, 291; commandant of guards on the Ulster Co. frontier, 291.

Clive, Robert, Baron, 312.

Clows, , brings suit about

land against McNeal, 155-156; mentioned, 296.

Coade, R. Fowler of Lyme-Regis, brings suit against George Spencer, 94.

Coal, shipped from N. Y., 149, 211.

Cock, Abraham, Amherst nomi- nates, to buy provisions, 136.

Coffee, loaded on a N. Y. vessel at Cape Frangois, 150, 153.

Coffee-house, N. Y., 93.

Coins, N. Y. act against counter- feiting French, Spanish or Portu- guese, 243; James Campbell in- dicted for counterfeiting Span- ish, 244.

Colden, Alexander, signs proclama- tion of George III, 8; has mort- gage on a lot between old and new "north west lines," 156; Sir William Johnson asks, to de- pute a surveyor, 344 ; mentioned, 40, 305.

Colden, Alice, see Willet, Alice.

Colden, Cadwallader, letters writ- ten by, to:

Jeffery Amherst, 121-122. Thomas Boone, 29-30. James Clinton, 291. Josiah Hardy, 125-127.

William Popple, 193-197.

Robert Whytt, 272-274. Colden, Cadwallader, letters writ- ten to, by:

Jeffery Amherst, 1, 1-2, 2, 14, 14- 15, 21, 22-23, 23-24, 24-25, 38, 38-39, 40, 41-42, 46-47, 47-48, 50-51, 53, 56, 56-57, 58-59, 59- 60, 61-62, 62, 64, 64-65, 65, 66-67, 71-72, 73, 76, 78, 80, 82-83, 84- 85, 104, 111, 117-120, 123-125, 127-128, 128-129, 131-132, 132, 133, 134-135, 135-136, 136-137, 137-140, 140, 143-144, 144, 144- 145, 145, 146-147, 154, 155, 158, 159, 159-160, 161-163, 165, 166- 168, 168-169, 169, 170, 173-174, 176, 176-177, 177-178, 178-179, 182-183, 183-185, 185-186, 186, 187, 187-188, 189, 209(2), 212, 227-228, 234-235, 241-242, 286- 287, 321-322.

Charles Ward Apthorp, 305-306,

Goldsbrow Banyar, 319-320.

Henry Barclay, 100-101.

Samuel Bard, 322-323.

Francis Bernard, 5, 21, 157-158.

Board of Trade, 9-10, 25-26, 28, 105-106, 308, 329-330.

Thomas Boone, 10, 31-32, 36, 43, 69, 116.

Gov. Bosveld, 73-75.

John Boyd, 49, 63.

William Bull, 36-37, 52-53, 54-56.

Robert Charles, 300-301.

Peter Collinson, 40, 111-112, 288- 291 393-394

Alexander Colville, 240-241, 275, 333.

Commissioners of Customs, 9, 30.

Pascal Comte, 179-180, 181-182.

John Cruger, 182.

James Douglas, 51-52.

Earl of Egremont, 107-108.

Thomas Fitch, 66, 160-161.

Benjamin Franklin, 213-216.

William Franklin, 288.

Thomas Gage, 67, 248-249, 251- 252, 264, 276, 279, 310-311, 311-312, 317-318, 318-319, 320- 321, 341-342, 389-390, 394-395, 399-401.

Alexander Garden, 283-285.

Earl of Halifax, 236, 238-239, 298- 299, 299-300, 309-310, 314, 330, 331, 337-338, 338-339, 339-340, 395.

Josiah Hardy, 99, 127, 128, 134, 166.

INDEX

411

George Harrison, 387-388.

Robert Hempsted, 352-353.

Earl of Hillsborough, 313-314.

William W. Hogan, 340-341.

Daniel Horsmanden, 271-272.

Sir William Johnson, 11-14, 17- 20, 32-33, 43-46, 86-88, 116-117, 141, 174-175, 225-226, 228-231, 232-234, 235, 236-237, 239-240, 245-249, 252-254, 265-269, 269- 271, 276-279, 280-281, 285-286, 292-293, 293-295, 296-298, 302- 303, 304-305, 314-317, 3442 344- 347, 350-351, 365-367, 375-376, 386-387, 396-398, 398-399.

John Tabor Kempe, 142, 142-143, 145-146, 147-148, 171-173, 36&- 371, 378.

Robert Monckton, 88, 89, 121, 189-190.

Henry Moore, 3-4.

James Murray, 70.

John Penn, 274-275.

William Pitt, 2-3, 75-76, 79.

William Popple, 198-208.

John Pownall, 57-58, 83.

Benjamin Pratt, 68-69, 76-78, 81- 82 120

Jean Rieux, 179-180, 181-182.

Edward Sedgwick, 332-333, 377.

William Shirley, 60-61.

Philip Stephens, 389.

John Temple, 122-123, 261.

Jacob Van Schaick, 6.

Benning Wentworth, 22, 85, 342- 343, 351-352.

Robert Whytt, 15-17, 33-34, 197- 198, 217-219.

Montagu Wilmot, 237-238, 377- 378

Robert Wood, 35-36. Colden, Cadwallader, Amherst

thanks for writing to the sher- iff of Albany, 1; asked to pre- pare to raise troops, 2, 118-120; asked to assist Capt. De la

Rosa, 3; asked to seize vessels

engaged in illicit trade, 4; asked

to forward letters to the colonial governors, 5; proclaims acces- sion of King George III, 7; or- dered to admit John Temple to office, 9; writes to Gov. Boone concerning insult to N. Y., 10; Johnson asks, to regulate pur- chase of Indian lands, 11-13; Amherst advises about forward- ing of mail, 14; asked to collect and repair arms, 15, 23, 119 j promises to obtain justice for

Indians, 17-18; Johnson peti- tions, for license to accept land from Indians, 20; Amherst asks, to issue warrant to impress ves- sels, 21 ; writes to Amherst about billeting money withheld from N. Y. troops, 22-23; Amherst asks, to use his influence with the Assembly, 24, 25, 41, 120, 124-125; advised to grant let- ters of denization to John de Noyelles, 26; commission to, as lieutenant governor of N. Y., 26-27; must report state of the province to Board of Trade, 28; asks governor and legislature of N. J. to co-operate with N. Y. in erecting Sandy Hook light- house, 29-30; illness of, 29, 38; asked to admit Lambert Moore to office, 30; Gov. Boone asks, to examine Vaudrile, 31-32; re- covers health, 32, 40; Sir Wil- liam Johnson recommends Capt. Ferrall to, 32; Dr. Whytt prints comments of, on the sensorium, 34; Gov. Boone thinks, should buy Sandy Hook land privately, 36; should not permit French officers to remain in N. Y., 39; congratulated on being ap- pointed It. gov., 40, 49, 52, 58, 60, 65, 66, 67, 70; Gov. Monck- ton appointed over, 40, 57; goes to Westchester, 40; asked to hasten proceedings against Vau- drile, 43; thinks Johnson will have difficulty in obtaining his land license, 43; asked to stop excessive land purchasing, 46- 47; Amherst sends, list of com- panies mustered at Albany, 46, 47, 50, 51; Gov. Bull tells, of victory over Cherokees, 54-55; John Pownall used his influ- ence to have, appointed lieut. governor, 58; William Shirley congratulates, 60; Shirley asks, to secure deserters, 60-61; must investigate breaking of trade laws by Renaud and Mrs. Wil- let, 62; gives Gov. Fitch in- formation concerning illegal trade, 66; discovers name of Renaud's vessel, 66; Benjamin Pratt asks, about conditions of chief justiceship, 68, 77, 82; or- ders militia colonels to prepare defense against the Indians, 70- 71; Gov. Bosveld complains to,

412

INDEX

about Capt. Hansen, 73-75; rec- ommends Lieut. Turnbull to Amherst, 76; Amherst directs, concerning a deserter, 78; asked to direct draft, 83; gives orders for continuing men in service, 84; Gov. Wentworth introduces his nephew to, 85; Gov. Monck- ton wishes to settle with, mat- ter of salary, 88, 89; George Spencer's petition to, begging to be released from gaol, 89- 99; chancellor of N. Y. court of chancery, 89, 90; sees Gov. Josiah Hardy at N. Y., 99; tries to obtain salary for Chief Jus- tice Pratt, 115; Gov. Boone noti- fies, of his entering upon the ad- ministration of S. C, 116; John- son recommends candidates for justices, 116-117; Chief Justice Pratt asks, to reprieve two crim- inals, 120; asks Amherst for troops to prevent a riot, 122; John Temple asks, to order N. Y. officials to aid him, 122; asks N. J. aid in securing land for Sandy Hook Lighthouse, 126; sends Amherst resolves of As- sembly, 127; asked to appre- hend a N. J. deserter, 128; signs bills for bounties and provincial troops, 129; proclamation issued by, concerning bounties for vol- unteers in the regular English regiments, 129-131 ; Amherst asks, to hasten formation of quota of provincial troops for spring campaign, 135; asks Am- herst to name candidate to pur- chase provisions, 135; Amherst sends proof of New York trade with the enemy, 137-139, 161- 163; Amherst asks Colden to prohibit trade with the enemy, 137, 140, 163, 170; issues war- rant for impressment of pro- visions, 142, 143; issues war- rant for arrest of Frenchmen in N. Y., 148-149; unable to attend Amherst's dinner, 154; has no claims between new and old "Northwest lines," 156; Gov. Fitch refuses the request of, to permit recruiting of N. Y. regi- ments in Conn., 160-161; Am- herst and, exchange papers con- cerning Frenchmen, 165; sends Amherst his speech to the As- sembly, 165; Gov. Hardy un-

willing to grant the request of, for recruiting N. Y. provisional reg- iments in N. J., 166; orders all ships carrying provisions stopped at the Custom House, 166; Assembly informs, of cause of slow enlistment, 176; Rieux and Comte petition, for release from prison, 179-180, 181-182; deputed Cornelius Low to run "north- west line," 181; N. Y. mag- istrates ask, to segregate sick soldiers on Bedloes Is., 182; Amherst asks, to permit vessels to export provisions for the fleet and army, 182-183, 185, 187; sends Amherst Cruger's letter and Comte petition, 183-184; Amherst reports deserters to, 189; after trouble with Indians, surveys Mme. Brett's land, 191; retires and devotes himself to science, 193,-273; gives resume of his principles, 193, 197; lives in country, 197; Popple com- ments on the physical principles of, 198-208; Whytt suggests pre- senting papers of, to University of Edinburgh, 198, 218 ; promises to have Colden's papers exam- ined, 197-198, 218; returns to administration of N. Y., 225, 273; Amherst asks, to have Al- bany prosecuted, 227-228; John- son recommends re-organization of militia to, 230-231, 233-234, 246-247, 252-255; Sir William Johnson asks, for commissions for militia officers, 234; Johnson recommends John Hansen to, as sheriff of Albany, 235; Halifax orders, to grant Cunningham a reprieve, 236; Wappinger In- dians go to, concerning land at Fishkill, 237; Johnson warns, about threatened Indian attack, 239; Lord Colville asks, to for- ward letters, 240-241, 275; Am- herst asks, to prepare militia for defense, 241-242; advised to have fort at Albany repaired, 242; sends N. Y. Assembly's resolves to Gen. Gage, 249; Gen. Gage sends reports to, 264 ; sends Sir William Johnson officers' commissions, 265; Daniel Hors- manden recommends James Gra- ham, Jr., to, for a license to practice law, 271-272; wishes to present his scientific papers to

INDEX

413

the University of Edinburgh, 272-273 ; sends Gage Council's advice concerning Pennsylvania Indians, 276; Johnson wishes, to forbid selling ammunition to the Senecas, 279 ; Gage sends, resolu- tion of Massachusetts Assembly, 279; Alexander Garden congrat- ulates, on governing N. Y., 284; sends Johnson militia commis- sions, 285; Johnson asks, to stop Canajoharie Indians being taken to England, 286; Sir William asks, concerning possible places for Guy Johnson's land grant, 286; pays John Watts half of Monckton's salary and fees, 287, 367-368; sent Collinson two trees, 290; orders frontier guard to Minisink road, 291; Sir Wil- liam Johnson asks, about un- granted land, 292, 295, 297; Sir William Johnson wishes, to com- plete his grant of land, 297-298 ; Johnson promises, a share of his land for remitting patent fees, 298; Lord Halifax recommends Hasenclever to, 298-299; writes to Board of Trade concerning the Mass. and N. H. boundary disputes, 300; Charles sends, act of Parliament, 300-301; orders Kempe to issue a nolle prosequi in suit against Bache, 301 ; plan- ning to visit Johnson, 305, 344; Apthorp asks, why his manda- mus has been disregarded, 305- 306; asked to communicate his thoughts on Indian affairs, 309; asked not to grant land on which Skene had settled, 313- 314; informs Gen. Gage about land grants, 318; question of transporting Acadians referred to, 318; Samuel Bard tells, about his course of study, 322-323; Board of Trade asks, to send re- port of all land grants, 329-330; Halifax orders, to investigate piracy, 330; Colville asks, to make inquiry concerning bribery of a war ship, 333 ; proclamation of, proroguing the General As- sembly, 334-335; consults Coun- cil about land grants to Skene and Walton, 335-337; ordered to give account of illicit trade, 337- 338; ordered to draw up list of all papers chargeable with a stamp tax, 338-339; asked to

recommend ferries to the As- sembly, 339; asked to transmit a map of post roads in N. Y., 339-340 ; asked to release inhabi- tants of New Hampshire im- prisoned in Albany, 342-343; Sir William Johnson promises Mo- hawk chief to refer complaint about Kayaderosseras to, 349; Johnson asks, to redress Indian grievances, 350; town clerk sends Soythold records to, 352- 353; address to, from the pro- prietors of Indian Neck, Southold, L. I., refusing to sur- render land to the Indians, 353- 355; sends Assembly message concerning Kayaderosseras Pat- ent, 356; opinion of Assembly concerning Kayaderosseras Pat- ent sent to, 358 ; detailed account of fees shared by, and Gov. Monckton, 367-368; Robert Waddell applies to, for writ of appeal in Forsey vs. Cunning- ham, 368; opinions concerning appeals from Supreme Court to, and council, 368-371, 379-386, 388; writes to Board of Trade about Sir William Johnson, 375; speech of, to Legislature sent to England, 377; Harrison and Waddell call on, relative to Waddell Cunningham's appeal, 387-388; confers with J. T. Kempe about Cunningham's ap- peal, 388; asked to forward a box to Colville, 389; Gage asks, to influence N. Y. city magis- trates to furnish the troops fire wood, 389-390; Kempe reports to, concerning Southold Indians, 390-393; Collinson asks, to dis- courage prosecution of man re- fusing to take an oath, 393- 394 ; letters from, laid before the proper authorities, 395; men- tioned, 3, 5, 10, 14, 20, 21, 22, 23, 24, 25, 26, 27, 30, 31, 33, 37, 38, 39, 40, 42, 46, 47, 48, 51, 53, 56, 57, 59, 60, 61, 62, 64, 65, 66, 67, 69, 72, 73, 76, 78, 80, 82, 83, 85, 88, 89, 99, 101, 104, 106, 111, 112, 116, 117, 120, 121, 125, 127, 128, 129, 132, 133, 134, 135, 136, 137, 140, 141, 144, 145, 147, 154, 155, 156, 158, 159, 160, 161, 163, 165, 166, 168, 169, 170, 173, 174, 175, 176, 177, 178, 179, 181, 182, 183, 185, 186, 187, 188, 189, 190, 191,

414

INDEX

198, 208, 209, 216, 226, 228, 231, 234, 235, 237, 238, 240, 241, 242, 248, 249, 252, 254, 261, 264, 265, 269, 271, 275, 276, 279, 281, 282, 286, 287, 288, 293, 295, 298, 299, 301, 303, 305, 306, 308, 310, 311, 312, 314, 317, 319, 320, 321, 322, 333, 335, 338, 339, 340, 341, 342, 343, 344, 347, 351, 355, 356, 367, 371, 376, 377', 378, 387, 388, 390, 394, 395, 398, 399.

Colden, Mrs. Cadwallader, (Alice Christie) death of, 197.

Colden, Catherine, illness of, 174.

Colden, David, letters of, to Wil- liam Johnson, 249-251, 261-264, 265, 306-307; to William Living- ston, 155-156; to Messrs. Living- ston and Ogden, 188-189; to Cornelius Low, 180-181; to David Ogden, 295-296; letters to, from Peter Collinson, 31; from Alexander Garden, 281-283 ; from William Johnson, 255-260, 303-304; signs proclamation of George III, 8; Collinson thanks, for seeds, 31 ; electrical papers of, sent to Collinson, 31; inter- ested in case of McNeal and Clows, 155; owns tract between new and old "northwest lines," 156; asks Low to give evidence in McNeal case, 180-181; Nollet answers papers of, on electricity, 216; writes to William Johnson on electrical repulsion, 250-251, 261-264; William Johnson an- swers, concerning electricity, 255-260; sends Johnson his paper on electricity, 265; recommends an actor to Alexander Garden, 281 ; asks Ogden to act as coun- sel in Minisink patent case, 296; gives account of lightning strik- ing Trinity Church, 306-307; mentioned, 31, 40, 216, 260, 274, 283, 304.

Colden, Elizabeth, see De Lancey, Elizabeth.

Colden, Jane, see Farquhar, Jane.

Colden family, influence of, in Ul- ster Co., 155-156.

Colden, Mr. (son of Cadwallader, brother of David), 158, 285, 296.

Cole, James, seaman of the Dove, deposition of, concerning the Dove's voyage to the French West Indies, 153-154.

Collins, George, sent to seize sugars on vessel in Kingston Harbor, 4.

Collinson, Peter, letters of, to Cadwallader Colden, 40, 111-112, 288-291, 393-394; to David Colden, 31; thanks David Colden for seeds, 31; describes his garden, 288-289, 290-291; trees sent to, by various people, 290; aroused by imprisonment of a man refusing to take an oath, 393-394; mentioned, 58, 198.

Colonies, English, in America, orders on accession of George III sent to the governors of, 5; governors of, receive instructions about Indians, 11; to be repaid for their expenses in raising troops, 14, 110, 119; governors of, have authority to grant let- ters of denization, 26; repeal of law concerning nomination of officers of, 35; requisition of troops of, 41; French capture vessels of,. 51 ; all northern, pro- vide quota of troops except N. Y. and Conn., 72; John Nel- son wishes to become ac- quainted with, 85; peace of, de- pends on friendship with In- dians, 102; must furnish recruits to complete the regular British regiments, 107-108, 119, 123, 130, 160; ordered to raise provincial regiments, 110, 118, 160; list of vessels from, at Cape Frangois, 212; correspondence between governors of, and Board of Trade regulated by king in council, 216, 217; terms of peace advantageous to, 219, 239; trade laws to be executed^ in, 223- 225; called on to raise troops to quell the Indian insurrection, 238; Earl of Halifax in charge of affairs of, 261 ; Shawanese and Delawares the enemies of north- ern, 297 ; act passed laying duties on trade of, 300; paper currency to be forbidden in, 300-301; statement of paper currency in, to be prepared for Parliament, 301, 308-309; backward in rais- ing troops for Indian war, 309; exorbitant fees charged by offi- cers in, 312-313; emissaries sent through, to gather Acadians, 318; Parliament may defray expense

INDEX

415

of protecting, by charging stamp duties, 338; value to, of efficient postal service, 339; advised to build ferries to facilitate the post, 339; English post master general desires map of post roads in, 339-340 ; foolish at- tempts of, to intimidate the British government, 397; men- tioned, 311.

Colville, Alexander, Lord, admiral, letters of, to Cadwallader Cold- en, 240-241, 275, 333; letter to, from Philip Stevens, 334; arrives at Halifax, 240; commander on North American coast, 240; asks C olden to forward letters to ship captains, 240-241; orders inquiry concerning bribery of a war ship, 333; Colden asked to forward box to, 389; mentioned, 334.

Commerce, see Trade.

Comte, Pascal, petitions of, to Cadwallader Colden, 179-180, 181-182; Amherst sends papers of, to Colden, 165, 170; Am- herst receives memorial from, 178; prays release from N. Y. prison, 179-180, 181-182; Am- herst believes, should remain in prison, 178, 184; implicated in illegal trade, 209; mentioned, 184, 185.

Concert, held in the Assembly Koom, 400-401.

Connecticut, fails to provide its quota of troops, 72; ordered to raise provincial regiments, 110; Amherst awaits quota of troops from, 160; Gov. Fitch refuses to permit the recruiting of N. Y. regiments in, 160-161; Amherst requests governor of, to lay an embargo, 163; people from, to settle on the Susquehanna, 175; quota of troops of, ready, 177; Lydius to prove title of people of, to Susquehanna land, 286; mentioned, 160.

Constant, Henry, remains prisoner in France until the Dove is ran- somed, 299.

Corchoogue Pond, Southold, L. I., 354.

Combury, Edward, Viscount, gov- ernor of N. Y., petition for grant of Kayaderosseras presented to, 360; mentioned, 364.

Cornwall, Eng., 378.

Cornwallis, Earl, 34.

Corsa, Col. Isaac, carries letter from Colden to Amherst, 22.

Cortland, Philip, co-patentee with Mme. Brett, 191.

Corwin, Samuel, proprietor of In- dian Neck, 355.

Cotton, John, master of the Fox, 210.

Council, see New York Council.

Council, King in, see Privy Council.

Counterfeiting, N. Y. act making, a felony, 243; James Campbell indicted for, Spanish coins, 244.

Coventry, Lieut. George, escapes from sheriff of Albany, 6.

Croghan, Mr., 376.

Crowell, Thomas, master of the Little David, 210.

Crown Point, Guy Johnson pre- fers land near, 286; boundaries of crown lands at, 317; Kaya- derosseras Patent exposed to incursions from, 357.

Cruger, Messrs., vessel of, confis- cated by French, 377.

Cruger, John, letter of, to Cad- wallader Colden, 182 ; signs proc- lamation of George III, 7; on behalf of the magistrates of N. Y. offers Bedloes Is. on which to segregate sick soldiers, 182; mentioned, 127, 183.

Cruger, Teleman, an owner of the Jove, 210.

Cuba, 331.

Cullen, Dr., Samuel Bard studies under, 323; mentioned, 214.

Cuningham, , an owner of

the Little David, 210.

Cunningham, Waddell, an owner of the Johnson engaged in il- legal trade, 162, 163; stabs Mr. Forsey, 236, 368; to be tried, 236 ; Secretary of State orders re- prieve of, 236; application made to appeal case of forsey against, to governor's council, 368, 388; jury's decision in case of, 368; opinions concerning legality of appeal in case of, and Forsey, 368-371, 379-386, 388; summary of case of, 379-381; mentioned, 371.

Cunningham, William, signs proc- lamation of George III, 8.

Curacao Is., governor of, com- plains to Colden about Capt. John Hansen, 73-76.

416

INDEX

Customs, John Temple appointed surveyor general of, 9; Lambert Moore appointed comptroller of, at N. Y., 30; Archibald Ken- nedy collector of, at N. Y., 43; colonial officials called on to aid officers of, 122-123; ships in army service to obey the rules of, 167; act for increasing rev- enue from, 223; Temple wishes his oath of office as surveyor general of, 261.

Customs, Commissioners of, letters of, to Cadwallader Colden, 9, 30; appoint John Temple sur- veyor general of customs, 9; ap- point Lambert Moore comptrol- ler of customs at N. Y., 30; to execute acts against illegal trade, 223.

Customs House, N. Y., vessels ex- porting provisions to be stopped at, 166; vessels carrying navy and army provisions allowed to pass, 183, 185, 188; extract from books of, of vessels cleared from N. Y., with their cargoes and destinations, 210-211; Bache en- ters into bond at, 301; Colden ordered to report to Halifax about officers of, 338; quit rent to be paid at, 364; mentioned, 197; account of governor's fees received at, 367.

Cuyler, Johannes, witnesses the Kayaderosseras deed, 360.

Dalyell, Capt., 173.

Dance, disturbance at a, in the Assembly Room, 399-401.

Danzig, England formerly im- ported wheat from, 289-290.

Dashwood, Sir Francis, 34.

Davis, Lieut., 287.

Davis, Lewis, deposition of, con- cerning the Kayaderosseras Pat- ent, 371, 373-374.

Davis, Sylvanus, proprietor of In- dian Neck, 355.

Deed from Mohawk Indians to S. S. Broughton for Kayaderos- seras, 359-360.

De Forest, Abraham, captain of provincial company mustered at Albany, 47.

De Forest, Isaac, governor's fees for patent of, 367.

Dekouwyadirha, a Mohawk, gave Visscher information about Kay- aderosseras, 374.

De Lancey, Elizabeth Colden, had lands lying between the new and old "Northwest lines," 156.

De Lancey, James, signs proclama- tion of George III, 8; Colden succeeds as lieutenant governor, of N. Y., 27; death of, 60.

De Lancey, Col. Oliver, signs proc- lamation of George III, 8; sug- gests men to purchase army pro- visions, 135; purchases pro- visions for the army, 143-144; opinion of, concerning the Acadi- ans, 319; present at meeting^ of Council, 335, 355.

De la Rosa, Antonio, captain of the St. Joseph, obtains favorable sentence from the Commission- ers of Appeals, 3; the Spanish Ambassador applies to Pitt on behalf of, 2-3; Colden asked to assist, 3.

De la Touchy M., governor of Martinique, surrenders to Gen. Monckton, 132.

Delaware, Capt. Boyd, cruises oS the capes of, 63.

Delaware Indians, see Indian Tribes.

Denization, see Letters of Deniza- tion.

De Noyelles, John, petition of, to Board of Trade sent to Colden, 25; N. Y. Council rejects bill naturalizing, 26; Colden advised to issue letters of denization to, 26.

De Peyster, , mentioned in

connection with French West Indian trade, 138.

De Peyster, James, an owner of the Sally, 210.

De Ricla, Count, governor of Havana, informs the king of Spain about English depreda- tions, 331; wrote to governor of Providence, 332.

De Ronde, Lambertus, signs proc- lamation of George III, 7.

De Ruvynes, Capt., to make en- quiries about Renaud, 59, 62, 64; gives N. Y. Council information about Renaud, 67.

Detroit, Sir William Johnson goes to, 50, and returns from, 86; Johnson's transactions at, to be laid before the Six Nations, 104; militiamen desert on being or- dered to, 226; Mohawks sent to, 269; Western Indians plan-

INDEX

417

ning to attack, 304; permits for Indian trade at, 315 ; profits per- mitted at, 316; proposed for an Indian trading post, 326; Col. Bradstreet goes to, 342; men- tioned, 311, 342.

Detroit Indians, see Indian Tribes.

Devonshire, Eng., 378.

Dickson, David, an owner of the Antiloye, 210.

Disease see Medicine.

Dobbs, , captain of the

Susannah and Anne, 162.

Dobbs, Arthur, governor of North Carolina, 52.

Dobbs, William, an owner of the Hester, 210.

Dollars, James Campbell indict- ing for counterfeiting Spanish milled, 244.

Dominica, Lord Rollo takes pos- session of, 53; English success at, 62; mentioned, 318.

Douglas, Commodore Sir James, letter of, to Cadwallader Col- den, 51-52 ; orders the Dublin to Halifax, 51 ; offers convoy for trading vessels, 51-52.

Douglass, Mr., opens successful theatre in Charleston, 281-282.

Douw, Volekert P., carries opin- ion of Assembly to Colden, 358.

Dow, Capt., R. A. R., 15, 16, 33.

Duane, James, signs proclamation of George III, 8.

Duane, Mr., acts for proprietors of Evans's Patent, 296.

Du Bois, Peter, signs proclama- tion of George III, 9.

Duke de Nivern , 318.

Dunbar, Capt. George, company of, mustered at Albany, 51.

Duncan, Capt. John, has a claim to land, 295; left 44th regiment, 295.

Dunscomb, Daniel, Amherst nomi- nates, to buy provisions, 136.

Dutch, the, spread false rumors among the Indians, 12; prejudice and oppression of, officials in Albany, 13-14, 18, 43; treaties of, with the English, 74.

Dutch Church at Albany, serves writ on Col. Bradstreet, for land, 227.

Dutch West India Company, cat- tle of, at Oruba killed by Capt. Hansen, 75.

Dutchess Co., N. Y., 134, 156.

Duties, act passed laying, on Amer- ican trade, 300; Board of Trade asks advice about laying, on Indian trade, 327-328; Sir Wil- liam Johnson advises, on Indian trade, 365-366.

Dwight, Joseph, of Sheffield, 157.

Dyson, Jeremiah, member Board of Trade, 308, 328, 330.

East India Company, English, 312.

East Indies, English military suc- cesses in, 85.

Easton, 237.

Edinburgh, 15, 33, 197, 198, 217, 323.

Edinburgh Society, Dr. Middle- ton's cases to be reported to, 16 ; mentioned, 213.

Edinburgh University, see Uni- versity of Edinburgh.

Egremont, Earl of, letter of, to Cadwallader Colden, 107-108; to Robert Monckton, 108-111, 112-113, 222-225; appointed Sec- retary of State, 84; urges rais- ing of troops, 110, 118; corre- sponds with Amherst, 117; asks Monckton to enforce the trade laws, 222-225; mentioned, 119, 123, 127, 225.

Egypt, 214.

Ehret, George, 112.

Electricity, Nollet answers David Colden's paper on, 216; David Colden sends William Johnson proof of electrical repulsion, 250- 251, 261-264; William Johnson's answer to David Colden concern- ing attraction and repulsion, 255-260; David Colden sends Johnson his papers on, 265. See also Lightning, Lightning rods.

Eliot, Edward, member, Board of Trade, 308.

Elliot, Lieut. Col., 294.

Ellison, Thomas, colonel, 2nd Reg't, Ulster Co. Militia, 71; Colden orders, to guard the frontiers, 70-71.

Embargo, Amherst averse to an, at N. Y., 137, 163; Amherst re- quests governors to lay, 163, 166- 167; laid in Pennsylvania, 178.

Emigration, Acadians wish to leave N. Y., 318; N. Y. Council op- posed to, of Acadians, 319; Treaty of Utrecht concerning, 319; of Canadians, 319, 321; of

418

INDEX

Acadians from Nova Scotia for- bidden, 320..

England, Capt. McCarty should be sent to, 39; Amherst awaits instructions from, 73; George Spencer legally discharged in, 90, 92, 94, 97, 98; colonial laws must conform to laws of, 106; treason cases tried in, 173; dis- content in, 219 ; Colville's squad- ron sails from, 240; Gov. Monck- ton returns to, 273; Klock to send Indians to, 285, 386-387, 397 ; Lydius going to, concerning his land claims, 286; vegetation never ceases in, 289; provision prices increase in, 289; exports wheat, 289; N. Y. merchant or- ders goods from Holland in- stead of, 334; method of appeal in, 369, 378, 381-383; mentioned, 3, 80, 85, 105, 126, 212, 215, 229, 286, 366, 374, 376, 389. See also Great Britain.

England, Parliament of, see House of Commons, Parliament.

English, the, oppressed by Dutch officials in Albany, 13-1 4, 18; wish to obtain an advantageous peace, 41, 108; French warn the Indians against, 45; Pondicherry surrendered to, 58 ; Belleisle cap- tured by, 57, 64, 67; treaties between, and Dutch, 74; mili- tary successes of, 61-62, 85; Western Confederacy of Indians friendly to, 87; declare war against Spain, 112-113; Mar- tinique surrendered to, 121, 131- 132, 134; the Grenadines and St. Lucia surrendered to, 145j neglect hypothetical reasoning, 218; neglect to cultivate friend- ship with the Indians, 225, 232, 267; erect forts in the Indian country, 225; French rouse In- dians against, 225, 228; Senecas hostile to, 226, 228 ; must restore lands to Indians, 228; Five Na- tions pledge their friendship to, 253; stupidity of the treatment of the Indians by, 267-268; French spread false reports of. among the Indians, 267-268; French wished to divert fur trade from, 268; must purchase friendship with Indians, 268, 270 ; Chenussios agree to terms of peace with, 296-297; expedition of, up the Mississippi given up,

310-311; Acadians useful to, 320; accused of blocking emigration from Canada, 321 ; attack Span- ish vessels, 330, 331-332; Indian terms of peace with, as con- cluded by Col. Bradstreet, 340- 341; Senecas surrender to, land on Niagara Eiver, 345; inhabi- tants of Canajoharie ill treat the Indians, 346-347 ; Mohawks aided, against the French, 348; encroach on Indian lands of Kayaderossres, 348-349; western Indians attacked, 348; Indian grievances against, should be re- dressed, 350; discredited in eyes of Indians, 387; conclusion of hostilities between Indians and, 395; mentioned, 175, 294, 321.

English Colonies. See Colonies.

English fleet, destroyed by hurri- cane, 37; separated, 53; pursues French fleet, 145; at Jamaica, 182; bread from N. Y. sent to, 138, 185.

Escheated estates, 395.

Esopus, Indians threaten, 239; weakness of militia in, 239.

Etchoe, 54.

Etigh, , 42.

Europe, English military successes in, 85; mentioned, 88, 124, 130, 283, 286.

Evans, Capt. John, 180.

Evans's Patent, 180, 188, 189; pro- prietors of Minisink patent claim land in, 295; counsel em- ployed by proprietors of, 296.

Everet, Daniel, purchased land in the Minisink Patent, 189.

Everet, Daniel, Jr., land of, 189; lives at Goshen, 189.

Expenses, bill of daily, of a N. Y. gentleman, 219-222.

Falmouth, Viscount, 34.

Falmouth, Eng., 287.

Fargie, Winter, an owner of the Dove, 210.

Farquhar, Jane Colden, had land lying between the new and old "Northwest lines," 156.

Farrel, Capt., Sir William Johnson recommends for sheriff of Al- bany, 32, 43; mentioned, 50.

Fauconnier, Peter, one of Kaya- derosseras patentees, 360-364; owns land near Kanestigione, 361.

INDEX

419

Fechenes, M., tells of goods suit- able for Cape Frangois trade,. 139.

Fees, exorbitant, charged by- colonial officers, 312; table of; to be made public and sent to Board of Trade, 312-313; ac- count of, paid Gov. Monckton for patents, etc., 367-368.

Fenelon, Marquis de, governor of Martinique, makes a request to Colden concerning the Acadians. 319, 320 ; opinion of N. Y. Coun- cil of the request of, 319.

Ferguson, Adam, professor of nat- ural history, 218, 273; Samuel Bard studies under, 323.

Ferrall, Capt. See Farrel.

Ferries, colonies advised to erect, to facilitate postal service, 339; mentioned, 395.

Filkin, Francis, signs proclamation of George III, 8.

Fish, shipped from N. Y., 211.

Fisher, Johannis, one of Kaya- derosseras patentees, 360- 364.

Fishkill, N. Y., Mme. Brett has difficulties over land at, 190-192; Wappinger Indians approach Colden concerning land at, 237; mentioned, 128, 190.

Fitch, Thomas, Gov. of Connec- ticut, letters of, to Cadwallader Colden, 66, 160-161; to investi- gate illegal trade, 66, 66-67; re- fuses to permit recruiting of N. Y. regiments in Connecticut, 160-161; mentioned, 155.

Five Nations. See under Indian Tribes.

Flag of truce, brigantine Friend- ship has a, 138; all vessels trad- ing with the French West Indies advised to have, 138; many cap- tains with, at Cape Frangois. 139; William Carlisle has a, for the Dove, 150, 151 ; from Provi- dence enters Port a Paix, 154.

Flax, Hasenclever to cultivate in N. Y. or Virginia, 298.

Fleet prison, George Spencer sur- renders himself to, 95.

Flour, unloaded at Oruba, 74; ships carrying, at Cape Frangois, 139; shipped from N. Y., 149. 162, 178, 211; bought at N. Y. for the English fleet, 183, 185- 186, and army, 187.

Flynn, Patrick, warrant for arrest of, 85-86; Abraham Hasbrouck brings suit against, 86.

Folliott, George, an owner of the Charming Sally, 210.

Fonda, , and Klock eject ten- ants, 175.

Forrester, William, 213.

Forsey, Thomas, quarrel between, and Waddell Cunningham. 236; Cunningham stabs, 236, 368; ap- plication made to appeal case of, against Cunningham, 368; jury awards, damages, 368; summary of case of, against Cunningham, 379-380 ; opinions concerning legality of appeal in case of Cun- ningham and, 368-371, 379-386, 388.

Forster, John, signs proclamation of George III, 9.

Fort Amsterdam, Curagao, 75.

Fort Augusta, 277.

Fort Chartres, suitable for trading post, 326.

Fort Cumberland (Nova Scotia), suitable for Indian trading post. 326.

Fort Dinwiddie, Va., Indians at- tack, 319.

Fort Edward, licenses for purchas- ing land above, 44; Sir William Johnson asks Colden about land near, 292, 295.

Fort Frederick (New Brunswick), suitable for Indian trading post. 326.

Fort George, N. Y., William Car- lisle and the crew of the Dove should be examined at, 147; mentioned, 71, 122, 131, 148, 189 234, 265, 291, 296, 301, 306, 318 335, 355. 364, 387.

Fort Halifax (Maine), suitable for Indian trading post, 326.

Fort Johnson, mentioned, 11, 17. 32; 43, 86, il6, 141, 174.

Fort Loudon, Pa., Indian massacre near, 317.

Fort Miami, proposed for an In- dian trading post, 326.

Fort Orange, Albany^ 227; in need of repairs, 242.

Fort Pitt, 302 ; best place in Penn- sylvania for Indian trade, 317; Indian captives taken to, 395

Fort Prince George (S. C), Col. Grant marches from, 52 ; no let- ters received at, from Col. Grant

420

INDEX

52; Col. Grant returns to, 54. and will repair and provision, 55.

Fort Royal, Martinique, capitu- lates to Gen. Monckton, 121. 131, 132.

Fort Stanwix, 278.

Fort at Venango. See Venango.

Foskey, Mr., carries despatches 56.

Fragier, , mentioned in con- nection with French West Indian trade, 138.

France, England exports wheat to. 289; English prisoners detained in, 299 ; remonstrances sent to. concerning seizure of Cruger's vessel, 277; mentioned, 6, 22, 26, 85, 131, 149, 159, 335, 360.

Frank, Conrad, letter of, telling of Justice Frank's murder, 42.

Frank, Justice, quarrels with, and killed by, an Indian, 42, 48.

Frank, Stephen, house of, near Burnetsfield, N. Y., 42.

Franklin, Benjamin, letter of, to Cadwallader Colden, 213-216; assists Dr. Hadley with an ex- periment in production of cold by evaporation, 214; experi- ments with magnets, 215; per- fects a new musical instrument, 215; lightning rod theory of, not invalidated by Trinity Church incident, 303, 307.

Franklin, William, governor of N. J., letter of, to Cadwallader Colden, 288; Gen. Gage awaits resolutions of N. J. Assembly from, 249; mentioned, 213.

Franks, Jacob, agent for victual- ling the English navy at Jamaica, 182; wishes to ship bread and flour from N. Y., 183, 185 ; provision vessels of, cleared from N. Y., 185.

French, the officers of, in N. Y., should be confined on Long Island, 38, 39, 46; warn the Six Nations against the English, 45; capture English colonial trading vessels, 51; surrender Pondi- cherry, 58; surrender Belleisle, 57, 64, 67; surrender Martinique, 121, 131-132; N. Y. merchants trade with, 137, 137-140, 161-163. grant flags of truce for West Indian trade, 138, 139; fleet of, could not subsist without Eng- lish supplies, 139; surrender the Grenadines and St. Lucia, 145;

fleet of, pursued, 145; all, sub- jects in N. Y. City to be appre- hended and imprisoned, 148, 158; the Dove trades with, in the West Indies, 149-154; fleet of, at Cape Frangois, 151, 152, 153; several, in N. Y. arrested, 159; prisoners enlisted in N. Y. regiments as Germans, 179; peti- tions of two, prisoners confined at N. Y., 179-180, 181-182; arouse Indians against the English, 225, 267-268, 280; the Senecas under the influence of, 226; cultivate the Indian's friendship, 225, 232, 267-268; wished to divert fur trade to the Mississippi, 268; supply Indians with ammunition. 270; English ships captured by. must be ransomed, 299-300; Acadians would be useful to. 320 ; wish to people their islands, 321 ; Mohawks aided the English against, 348; seize Cruger's ves- sel, 377; supply the Indians at war with the English, 398; men- tioned, 112, 170, 321.

French coins, N. Y. act against counterfeiting, 243.

French language understood by Lieut. Williams, 159; Kempe not familiar with, 171, 173.

French West Indies. See West Indies, French.

French and Indian War, expedi- tion against the Cherokees de- layed, 36; Col. Grant fights the Cherokees, 54-55; expenses in- curred by England in, 224; Mohawks remind Sir William Johnson of their assistance in, 348. See also English, French, Frontiers, Indians, Seven Years' War.

Friee, , justice of the peace

below Albany, 292.

Frontier between N. Y. and N. J., Indians on, dissatisfied, 69, 70; alarm on, 69; N. J. militia pre- pare to defend, 69; N. Y. militia officers ordered to defend, 70-71, 291.

Frontier, Indian, of western N. Y. English keep outposts on, 225, 228; Indian jdisturbances on, 226, 230; hardships of militia service on, 230; Albany militia ordered to defend, 231; colonies ordered to raise troops for defense of, 238; Johnson promises to give

INDEX

421

warning of Indian approach to. 240; measures to secure,, during the winter, 241, 248; marching troops might deter Indians from attack on, 249; strong induce- ments to Five Nations to plun- der, 253; Sir William Johnson's friendship with the Indians has protected. 268, 270; prospect of peace on, 271 ; number of troops raised by N. Y. for protection of, 309; "peace with Indians will secure. 341 ; volume of Indian trade on. 365: mentioned. 346.

Fuentes. Conde de, Spanish am- bassador to Great Britain, acts in behalf of Capt. de la Rosa, 2.

Furs. French wished to divert Eng- lish trade in. to the Mississippi. 268; Michilimackinac a good trading place for. 315; Indians exchange, 346, 366.

Gage, General Thomas, letters of, to Cadwallader Colden. 67. 24S- 249. 251-252. 264. 276. 279. 310- 311. 311-312. 317-318, 318-319. 320-321. 341-342, 389-390. 394-395. 399-401 ; Colden sends N. Y. As- sembly's resolves to. 249 : prom- ises to requisition troops from New England. 249 ; sends reports to Colden. 264; orders officers to escort Indians back to Philadel- phia, 276; Massachusetts refuses the requisition of, 277; sends Indians to Burlington barracks. 295 ; asks for firewood for troops in N. Y. city. 3S9-390; placed in command. 399; defends officers accused of improper conduct at an Assemblv. 399-401; men- tioned, 277. 278. 293. 304. 309.

Garden. Alexander, letters of. to Cadwallader Colden. 2S3-2S5; to David Colden. 281-283: illness of. 281. 282, 2S4-2S5; fond of N. Y. friends. 2S2. 283. 284: con- gratulates Colden on administer- ing the government of N. Y. 2S4: plans to travel. 285.

Gardiner. John, of the Inner Temple, 116.

Gascoigne, Captain, of the Dublin. 51.

Gaseovne, Bamber. member. Board of trade, 217. 308. 32S. 330.

Gazette, 2, 5, 37, 56, 79, 299.

General Assembly, see under name of colony.

George II. death of, 1, 2, 6; war- rant in name of, 85; mentioned. 90.

George III, proclaimed king, 1 ; resolved to prosecute the war. 1, 2. 22; orders on accession of, sent to colonial governors. 5; proclamation of. at N. Y., 6-9; gives commission to Colden as lieutenant governor, 26-27; an- nouncement of marriage of, 75- 76, 78; coronation of. 79; in- structions of. concerning form of prayers for the royal family. 79- 80; instructions of. to Gov. Monckton concerning Indian lands. 101-104; address of House of Commons to. 308-309; re- ceives Amherst. 287 : mentioned, 131. 149. 152. 242. 243, 244. 273. 305. 311. 335.

German Flatts, rumor of people of. being cut off by Indians. 190; Johnson holds Indian conference at, 226, 228: enemy Indians ad- vance to, 231 : militia ordered to, 231 ; mentioned, 294.

Germans, Hasenclever collects., skilled in iron mining, 298.

Gifford, John, master of the Sally. 210.

Gilchrist, Capt. William, pro- vincial company of, mustered at Albany, 47.

Gilford. Samuel, master of the William and Mary, 183.

Gillet. M., not implicated in il- legal trade. 209.

Gladwin. Major Henry. Western Indians make declaration to, 304; praises good behaviour of Western Indians. 345.

Golden Square. London. 300.

Gordon vs. Lowther. cited, 382.

Goshen. N. Y.. 189.

Governor's Council. See under name of colony.

Graham. James. Jr., Daniel Hors- manden recommends, to be licensed to practice law, 271-272.

Granadines. surrendered to Gen. Monckton. 145; epidemic at. 182, 184.

Grant. Col., in command on Staten Island. 65.

Grant, Lt. Col. James, in com- mand against the Indians in S. C, 37; marches from Ft. Prince George. 52; Indians at- tack, 52; defeats the Cherokees,

422

INDEX

54-55; to repair Ft. Prince George, 55; will treat with In- dian chiefs, 55; mentioned, 59, 61.

Great Britain, drained of men for military service, 107, 130; In- habitants of Martinique become subjects of, 132; restoration of peace necessary to, 219; Acad- ians citizens of, 319, 321 ; foolish attempts of American colonists to intimidate, 397; mentioned, 6, 26, 27, 28, 52, 85, 131, 149, 152, 243, 244, 285, 309, 332, 335, 360, 363. See also England, Parlia- ment, Privy Council.

Great Lakes, English communica- tions with, threatened, 240; Sir William Johnson protects com- munications with, 268.

Great Warrior, Indian chief, Col. Grant to negotiate with, 55.

Green Bay, Fort Cumberland on, 326.

Greenwood, Capt., patrols the coast, 63.

Gregg, , an owner of the Little

David, 210. ,

Grenadiers, Johnson advocates or- ganization of, in each militia battalion, 230, 234, 246, 253, 254- 255.

Griffin, Capt. Daniel, company of, mustered at Albany, 51.

Guadaloupe, 53.

Guild hall, London, George Spen- cer discharged at, 95.

Guthill, Daniel, Jr., proprietor of Indian Neck, 355.

Hadley, Dr., professor of chem- istry, Cambridge, 214.

Haight, Capt. Jonathan, company of, mustered at Albany, 47.

Haiti. See Hispaniola.

Half Moon, N. Y., people of, defy army officers, concerning im- pressment of horses, 164.

Halfway Creek, Lake George, Guy Johnson prefers land near, 286.

Halifax, Earl of, letters of, to Cad- wallader Colden, 236, 238-239, 298-299, 299-300, 309-310, 314, 330-331, 337-338, 338-339, 339- 340, 395; letter to, from Prince Masseran, 331-332; orders a re- prieve for Waddell Cunningham, 236; orders raising of troops, 238-239; appointed Secretary of State, 261; suggests plan for

raising provincial troops, 280; recommends Hasenclever, to Colden, 298-299; asks Colden to investigate piracy, 330; asks Colden for account of illicit trade, 337-338; orders Colden to list all papers chargeable with a stamp tax, 338-339; sends re- monstrances to France concern- ing seizure of Cruger's vessel, 377; mentioned, 310, 314, 332.

Halifax, N. S., the Dublin to be careened at, 51; trading vessels to meet the Dublin at, 51-52; Lord Colville arrives at, 240; mentioned, 333, 377, 389.

Hall, Lieut., ordered to assist the N. Y. sheriff, 158, 159.

Haller, Dr. Albert, 16, 198; writes angry answer to his critics, 33-34.

Hallock, Zebulon, proprietor of Indian Neck, 355.

Hamilton, James, lieut. gov. of Pennsylvania, orders to be sent to, 5; Amherst requests, to lay an embargo at all Pennsylvania ports, 166-167.

Hampton, Va., 49.

Hanover Square, London, 313.

Hansen, John, commander of a brigantine, 74; captures English vessel at Curagao, 74; plunders vessels at Oruba, 74; to be ex- amined before the N. Y. Coun- cil, 75.

Hansen, John, Sir William John- son recommends, as sheriff of Albany, 235; mentioned, 236.

Hardenbergh, Johannes, colonel, Ulster Co. militia, Colden orders, to guard the frontiers, 71; Sir William Johnson warns, about threatened Indian attack on Esopus, 239.

Hardy, Sir Charles, governor of N. Y., Colden to follow the in- structions to, 27; Monckton refers to the 99th instruction to, 88, 89; advised vacating the Kayaderosseras Patent, 357; mentioned, 172, 358.

Hardy, Josiah, governor of N. J., letters of, to Cadwallader Colden, 99, 127, 128, 134, 166; letter to, from Cadwallader Colden, 125-127 ; enters upon ad- ministration of N. J., 99; Colden asks assistance of, in obtaining land for Sandy Hook lighthouse, 126; asks Colden to apprehend

INDEX

423

a N. J. deserter, 128; unwilling to have N. Y. provincial troops recruited in N. J., 166; Amherst requests, to stop all provision ships, 166; mentioned, 127.

Haring, Abraham, Orange Co., jus- tice of the peace, 244.

Harmense, Nanning. See Visscher. Nanning Harmense.

Harris, Capt. Peter, company of, mustered at Albany, 47.

Harrison, George, letter of, to Cad- wallader Colden, 387-388; an owner of the Charming Sally, 210; calls on Colden in case of Forsey and Cunningham, 387- 388; mentioned, 388.

Hartshorne, Mr., owns land at Sandy Hook on which lighthouse should be built, 29; Gov. Boone writes to, 31; does not wish to sell his property, 36.

Hartshorne, Ezekiel, agrees to sell land at Sandy Hook for light- house, 125; refuses to keep the agreement, 126 ; mentioned, 127.

Hartshorne, Robert, agrees to sell land on Sandy Hook for light- house, 125; refuses to keep to keep the agreement, 126; men- tioned, 127.

Hartwick, John C, Sir William Johnson willing to assist, in land purchase, 19.

Harwick, 75.

Hasbrouck, Abraham, brings suit against Patrick Flynn, 86.

Hasenclever, Peter, Lord Halifax recommends, to Colden, 298- 299; to engage in iron mining in N. Y. or Virginia, 298-299.

Havana, N. Y. merchants contract to send provisions to, 177-178; governor of, complains of Eng- lish depredations, 331.

Hawker, James, captain of the Sardine, seizes ship and claims prize money, 310.

Hayes, Thomas, signs proclama- tion of George III, 8.

Hazzens, Moses, has license for land near Ft. Edward, 44.

Hemp, Hasenclever, to cultivate, in N. Y. or Virginia, 298.

Hempsted, Robert, town clerk of Southold, L. I., letter of, to Cad- wallader Colden, 352-353.

Hendrick, a Mohawk chief, visited England, 374; mentioned, 374.

Herchheimer, Hans Joost, Justice, letter of, telling of Justice Frank's murder, 42.

Hicks, , master of a Long

Island sloop, 212.

Hicks, Whitehead, counsel for George Spencer, 90, 91, 98; ad- dresses Colden concerning George Spencer's case, 92.

Higgins, John, to be hanged, 120; Chief Justice Pratt asks a short reprieve for, 120; Colden fears riot in behalf of, 122.

Hill, Dr., 204.

Hillsborough, Wills, Earl of, let- ter of, to Cadwallader Colden, 313-314; member, Board of Trade, 308, 328, 330; letter of, referred to N. Y. Council, 336.

Hillyer, Lieut. Nathaniel, wishes captaincy, 295.

Hispaniola (Haiti), 149, 150, 152; N. Y. vessels trade to, 162, 178; French capture Cruger's vessel near, 377.

Hogan, William W., letter of, to Cadwallader Colden, 340-341 ; gives account of Col. Brad- street's peace with the Indians, 340-341; mentioned, 341.

Holland, N. Y. merchant orders goods from, instead of England, 334.

Hooglandt, Adrian, one of Kaya- derosseras patentees, 360-364.

Hooglandt, Joris, one of Kaya- derosseras patentees, 360-364.

Hooper, Edward, Commissioner of Customs, 9, 30.

Hoops, shipped from N. Y., 149, 211.

Hope, Dr. John, succeeds Dr. Alston as botany professor, 33; desires American seeds, 33; Samuel Bard studies under, 323.

Hopkins, , son of the governor

of R. I., trades at Port a Paix, 154, 212.

Horsmanden, Daniel, letter of, to Cadwallader Colden, 271-272; signs proclamation of George III, 7; third justice of Supreme Court of N. Y., 86; recommends James Graham, Jr., for a license to practice law, 271-272; present at Council meeting, 335, 355; opinion of, concerning right of appeal in case of Cunningham and Forsey, 379-386; mentioned, 173.

424

INDEX

Horton, Joshua, of Southold, L. I., 354.

Hotham, B., Commissioner of Customs, 30.

Houlton, John, ship captain, 140; to examine the crew of the Dove, 144; obtains proof of illicit trade from N. Y., 161; mentioned, 167, 173, 174.

House of Commons, Board of Trade sends address of, to the king, 308; address of, to the king, 308-309; desires account of paper money in American colo- nies, 308-309; passes resolution that it may raise money by a stamp tax, 338. See also Parlia- ment.

Hover, Emanuel, a Raritan Indian captured by the Delawares, 303.

Hudson River, Rogers and Haz- zens have license to purchase land near, 44; land on west side of, belongs to the Mohawks, 44; Sir William Johnson asks Colden about unpatented lands near, 297; boundary of Kayaderos- seras Patent, 359, 361; a few settlements in Kayaderosseras near, 372; mentioned, 181, 359, 374.

Hunkamug, Abraham, an Indian of Southbridge, Mass., murdered another Indian, 157 ; to be trans- ferred to N. Y. for trial, 157-158.

Hunterdon Co., N. J., militia of, to be in readiness for defense, 69.

Huron Indians. See under Indian Tribes.

Illinois, 310, 311, 326.

Illinois Indians. See under In- dian Tribes.

Impressment, Amherst asks for warrant for, of vessels, 21 ; N. Y. Assembly refuses to include clause of, in raising troops, 24; Colden issue warrant for, of pro- visions, 142, 143, 144; inhabi- tants of Albany resist, of horses, 164, 169; N. Y. Assembly should pass act permitting, of horses and carriages, 168; Mayor of Al- bany writes to Colden about, 169.

Independent Companies. See N. Y. Independent Companies.

India, reinforcements sent to, 312.

Indian Affairs, Commissioners for,

100; Sir William Johnson com- missioned as Superintendent of, 141; instructions of the Board of Trade to superintendents of, 324-329; plan of administering, 325-329. Indian Castles, see Castles. Indian Flats, Eve Pickard receives

deed of gift for, 11. Indian Neck, Southold, proprietors of, refuse to return land to In- dians, 353-355; list of proprietors of, 355; Southold Indians ex- changed South Harbor land for land at, 355 ; Council orders suit brought against proprietors of, in behalf of Indians, 356; In- dians settled at, 392. Indian Trade, see Trade, Indian. Indian Tribes: Caghnawagas, Canadian, confer with Sir William Johnson, 237; desire to fight the French, 237; arrive in N. Y., 317. Canajoharies, desire a minister, 19; two of, to be taken to England, 285, 386, 397; gave Johnson land, 297; complain about Cobus Maybe, 346, 376, 396; ill-treated by the Eng- lish, 346-347; complain about Klock, 386. Canestogas, Pennsylvanians mur- der several, 280-281. Catawbas, confirm report about

Col. Grant, 52. Cayugas, closely allied with the

Senecas, 266. Chenussios, three of, trade at Albany, 245; some of, hostile to the English, 267, 268; inad- visability of punishing, 270; pride of, 280; agree to sur- render prisoners and land, 296-297; give hostages, 297, 342, 345; delay the Niagara conference, 345 ; Delawares live with, 345; mentioned, 342. Cherokees, expedition against, delayed by rain, 36; Col. Grant fights, 52; Col. Grant defeats, 54-55; deserve punish- ment, 61. Chickesaws, report attack on Col. Grant, 52; support Col. Grant well, 55. Chippewas, hostile to the Eng- lish, 267; attended Niagara conference, 344; take Michili-

INDEX

425

mackinac, 345; not subdued, 397.

Delawares, keep English cap- tives, 104; surrendered Mar- jery West to Sir William Johnson, 245; made peace with the English, 245 ; enemies of the English, 266, 267, 297; party of ,. defeated, 293-294; Chenussios agree to fight, 297; Indians to be sent against, 302; King's party takes scalp of, nephew of chief of, 303; cap- ture a Raritan Indian, 303; obtain supplies from the Illi- nois and Detroit Indians, 311 ; Col. Bradstreet concludes peace with, 340-341, 341; of Ohio did not attend Niagara conference, 344; prisoners among, to be delivered up, 345; live with the Chenussios, 345; to deliver two chiefs to Johnson, 345 ; Senecas have in- fluence over, 346; unsettled relations between, and the English, 387 ; defeated by Col. Bouquet, 394; terms of peace imposed on, 394; still enemies to the English, 397; men- tioned, 342.

Detroit, supply the Shawnese and Delawares, 311.

Five Nations, try to win back the Senecas, 228 ; useful to the English, 237; Johnson prom- ises to keep, peaceable, 241; promise loyafty to the Eng- lish, 253; advantage of retain- ing the friendship of, 253; alarmed by any measures against the Senecas, 266; friendship of, saves frontiers, 270; English should supply, with ammunition, 270; visits Sir William Johnson, 276; offer assistance to Johnson, 277; murder of Canestoga In- dians will anger, 281.

Hurons, attended Niagara con- ference, 344; make peace, 345.

Illinois, provide the Shawnese and Delawares with supplies, 311, 398.

Menominys, attended Niagara conference, 344.

Messessagoes, sue for peace at Niagara, 319.

Mohawks (Mohocks), fear losing all their land, 12-13; to be

informed of Colden's resolu- tion, 18; desire a minister, 19j wish to make Barclay's land a glebe, 19, 46; refuse to sell more land, 44; land agreement between, and Canadian In- dians, 44; Johnson confers with chiefs of, 44; fear Eng- lish will take all their land, 45 ; Society for the Propagation of the Gospel sends missionary to, 100; wish to regain land, 228-229; necessity of retaining friendship of, 229; Johnson sends, to Detroit, 269; Indian prisoners given to, 294; on English side, 319 ; six chiefs of, address Sir William Johnson, reminding him of Mohawk aid against the French, and com- plaining of English encroach- ments on Kayaderossres, 347- 349, 350; address of, referred to N. Y. Assembly, 356; char- acter of, 358; N. Y. Assembly unwilling to question English title to Kayaderosseras, 356- 358; deed of sachens of, to S. S. Broughton, for Kaya- derosseras Patent, 359-360 ; complained of injustice of Kayaderosseras Patent, 372- 374; did not sell Kaya- derosseras, 372, 373, 374; Dekouwyadirha, one of, gives Visscher information about Kayaderosseras, 373, 374; mentioned, 87. See also Castles, Mohawk.

Oghquagoes, villages of, guarded by detachments of provincials, 394; absent from Cherry Val- ley, 305.

Ohio, threaten English towns, 239; unsettled relations be- tween, and the English, 387; defeated by Col. Bouquet, 394.

Oneidas, party of, goes to Bur- netsfield for christenings and marriages, 42; one of, kills Justice Frank, 42, and must be brought to justice, 48; Johnson to insist that, surren- der the murderer, 48, 50 ; John- son tells Amherst about the murdered, 48, 53, 57; Indian prisoners awarded to, 294; pro- vincial detachment to guard village of, 294.

426

INDEX

Onondagas, closely allied with the Senecas, 266; prisoners given to, 294.

Ottawas, hostile to the English, 267; sue for peace, 342; at- tended Niagara conference, 344 ; take Michilimackinac, 345; not subdued, 397.

Peranes, attended Niagara con- ference, 344.

Powtewatamies (Potawatamis) , sue for peace, 342; did not attend Niagara conference, 344.

Raritans, one of, captured by the Delawares, 303.

Reynards, attended Niagara con- ference, 344.

Sakis, attended Niagara confer- ence, 344.

Senecas, renew their covenant at a conference with Johnson, 175; under French influence, 226; begin hostilities against the English, 226; absent from conference with Johnson, 228; five nations to try to placate, 228; threaten English towns, 239; a few friendly, confer with Johnson, 266, 276; action against, alarms the other five nations, 266 ; prospect of peace with, 271; offer Johnson aid against the enemy Indians, 277; Mohawk River people sell ammunition to, 279; to approach Johnson with peace proposals, 294; Sir William Johnson to confer with, con- cerning peace, 297; peace to be made with, 302; sue for peace, 311; on English side, 319; peace with, 341; delay Niagara conference, 345; sur- rendered land on both sides of Niagara River, 345; give Sir William Johnson all islands in Niagara River, 345; have in- fluence over other nations, 346; assists the British troops, 398; mentioned, 350.

Shawnese, enemies of the Eng- lish, 266, 267, 297; Chenussios agree to fight, 297; Indians to be sent against, 302; obtain supplies from the Illinois and Detroit Indians, 311, 398; Col. Bradstreet concludes peace with, 340-341; did not attend Niagara conference, 344; Sen-

ecas have influence over, 346; unsettled relations between and the English, 387 ; defeated by Col. Bouquet, 394; terms of peace imposed on, 394-395; still enemies to the English, 397.

Six Nations, French warn, against the English, 45; aided the English, 45, 226; Johnson to confer with, 87, 104, 226; Johnson holds conference with, 175, 228, 237, 253, 266; promise to placate the Senecas, 228; win over the Senecas, 237; trouble not caused by defec- tion of, 267; to aid English troops against enemy Indians, 297; Board of Trade asks advice about trading posts for, 326; trade to be per- mitted with, 350; mentioned, 275.

Southold, records concerning lands of, sent to Colden, 352- 353; proprietors of Indian Neck show cause why they cannot return land to, 353-355 ; conditions on which, may live on Indian Neck, 354-355; Council orders suit brought in behalf of, against proprietors of Indian Neck, 356, 390; Kempe's opinion relative to the claims of, 390-393; men- tioned, 356.

Susquehannas, confer with Sir William Johnson, 237.

Tuscaroras, Indian prisoners given to, 294.

Twightivees, will support the Shawnese, 297.

Wappingers, approach Colden about Fishkill land, 237.

Western, friendly to the English, 87 ; Johnson makes peace with, 87 ; transactions with, to be laid before the Six Nations, 104; hostile to the English, 225, 228; aroused by the French, 225, 228; French sup- ply, with ammunition, 270; Johnson to confer with, con- cerning peace, 297; peace to be made with, 302; planning to attack Detroit and Niagara, 304; chiefs of, attend Niagara conference, 344; officers praise good behavior of, 345; at- tacked the English, 348.

INDEX

427

Wialoosings, to be placed in Burlington Barracks, 294-295. Wyandots, sue for peace, 342; unsubdued, 397; treaty of peace with, 398. Indians, defrauded of their land, particularly by Klock and Eve Pickard, 11-13; Johnson wishes to guard against fraud, il-13; false stories spread among, 12; Colden promises to insure justice to, in the matter of land, 17-18; settlers on Livingston Patent re- gard, as owners, 18, 88; Hart- wick purchases land from, 19; give Johnson land, 20, 43, 86, 297, 298; trouble with, in S. C, 36, 37; will not sell land given to Johnson, 44; land agreement between Mohawks and Cana- dian, 44; deserve punishment, 60; of N. J.-N. Y. frontier, dis- satisfied, 69, 70-71; Ury Klock angers, 87-88; give Rev. Henry Barclay land, 100 ; peace of colo- nies depends on friendship with, 102; complain that their land is fraudulently obtained, 102 ; N. Y. governor forbidden to grant land belonging to, 103; licenses necessary to purchase land from, 103 ; king's land regu- lations to be published among, 104; barbarity of Pennsylvanians bad example for, 112; Hunkamug murders another Indian, 157 ; sat- isfied by King's instructions about land, 175; uneasy about a proposed settlement of Con- necticut people on the Susque- hanna, 175; Mme. Brett's diffi- culties with, over land, 190-192; hostility of, 225 ; English neglect to cultivate friendship of, 225, 232, 267-268 ; plan to cut off Mo- hawk River settlements, 230; advance to the German Flats, 231; long neglect of, 232; land of, should be secured to, 232; insurrection of, general, 238, 241 ; colonies ordered to raise troops for offensive against, 238-239; danger from, 239-240; Board of Trade wishes all grievances of friendly, redressed, 248; march- ing troops might deter hostility of, 249; stupidity of English treatment of, 267-268; French spread false reports among, con- cerning the English, 267-268; Sir

William Johnson's efforts to keep, friendly, 268 ; English must purchase friendship of, 268; make overtures of peace, 269 ; French supply, with ammunition, 270; English should supply friendly, with ammunition, 270- 271, 276; take care of ammuni- tion, 270; Pennsylvania whites murder, near Lancaster, 274; from the Schuylkill sent towards the Susquehanna, 274-275, and escorted back to Philadelphia, 276, 281; white inhabitants aroused against, 277; locations of friendly and enemy, 277; to be harassed during the winter, 278; means of regulating trade with, 278, 315-317; anxious to fight enemies of English, 280; Capt. James Clinton ordered to protect the frontier against, 291 ; rioters attempt to murder, under protection of Philadelphia, 292; Gov. Penn wishes to send, from Philadelphia to Albany, 292; Sir William Johnson sends out friendly, against enemy, 293, 294, 302, 304; prisoners distributed among the tribes of, 294 ; villages of friendly, guarded by pro- vincial troops, 294; Sir William Johnson has great influence among, 294-295; Capt. Montour destroys towns of hostile, 302; number of troops raised by N. Y. for war against, 309; along the Mississippi turn back an English expedition, 310-311 ; commit murders in Pennsyl- vania, 317, 319 ; attack Fort Din- widdie, 319; plan for checking abuses against, 327; terms of Col. Bradstreet's peace with, 340-341; number of, assembled at Niagara, 341, 347; anxious to trade, 346, 398-399; grievances of, against the English should be redressed, 350, 366, 397; no land records kept by, 356-357; poverty of, 357; Sir William Johnson thinks, were defrauded by Kayaderosseras patent, 365, 375; Johnson pays, for his land, 376; English discredited in eyes of, 387; debauched by Klock, 386-387; conclusion of all hos- tilities with, 395 ; march with the British troops, 398; mentioned, 112, 141, 175, 292.

428

INDEX

Indian War song, party of Dela- wares sing, against the English, 294.

Indigo, loaded on N. Y. vessel at Cayes, 162, 178.

Injunction, discussed relative to Cunningham-Forsey case, 388.

Instructions to Gov. Monckton concerning fees, 312-313; con- cerning appeal to the governor, 368, 370, 380, 382, 385.

Intoxication, Indians defrauded of land when in state of, 11-12; Indians in state of, at Klock's house, 386.

Ireland, 6, 26, 85, 131, 149, 335, 360; law of appeal in, 378.

Iron, shipped from N. Y., 211; Hasenclever to undertake mining of, in N. Y. or Virginia, 298-299.

Isle la Motte, Lake Champlain, Guy Johnson prefers land near, 286; location of, 292.

Jamaica, L. I., 38.

Jamaica, W. I., Henry Moore, gov- ernor of, 4; vessels sail from, loaded with French sugar, 3-4; N. Y. ships clear for, 162, 179, 211; flour sent to the English fleet at, 182-183, 185-186; Bache gives bond to land a cargo at, 301; mentioned, 3, 4, 38, 149, 152, 153.

James River, 49.

Jansen, Hendrick, witnesses the Kayaderosse^is deed, 360.

Jauncey, James, a ship owner, 210.

Jeffery, , master warden of the

port of N. Y., 167.

Jenyns, Soame, member, Board of Trade, 28, 216, 217, 308.

Jesuits, Johnson, wishes Canadian Society of, abolished, 280.

Johnson, Guy, Sir William requests commission for, as adjutant, 234; entitled to a grant of land, 278- 279; places at which he wishes his land grant, 286, 295, 297; petition of, for land sent to Colden, 304; mentioned, 246, 293; named as a patentee with Sir William, 396.

Johnson, J., signs proclamation of George III, 7.

Johnson, John (son of Sir Wil- liam) , named as a patentee with Sir William, 396; mentioned, 296.

Johnson, Sir William, letters writ- ten by, to Cadwallader Colden,

11-14, 17-20, 32-33, 43-46, 86-88, 116-117, 141, 174-175, 225-226, 228-231, 232-234, 235, 236-237, 239-40, 245-249, 252-254, 265-269, 269-271, 276-279, 280-281, 285-286, 292-293, 293-295, 296-298, 302-303, 304-305, 314-317, 344, 344-347, 350-351, 365-367, 375-376, 386- 387, 396-398, 398-399; letters to, from Board of Trade, 324-328; from Mme. Brett, 190-192; wishes to protect Indians against fraud, 11-13, 18; wishes English officials appointed at Albany, 13- 14, 18; congregation at Canajo- harie petitions, concerning a church, 19; Indians beg, for a minister, 19; Indians give land to, 20, 43, 86, 298; desires license for land, 20, 32; his brother writes to, 32; recommends Capt. Ferrall, 32, 43; murder reported to, 42; N.CY. Council will obr struct grant of license to, 43-44; consults Mohawk chiefs about land grants, 44; fears Indians will be aroused by too many land grants, 45; tells Amherst of murder by an Indian, 48, 53; to demand surrender of Oneida murderer, 48, 50; goes to De- troit, 50; returns to Fort John- son, 86; encourages settlers on his land, 86-87; to confer with the Six Nations, 87, 104, 226; makes peace with the Western Confederacy of Indians, §7; Henry Barclay willing to con- sider terms of, for sale of his land, 101 ; Amherst desires, to obtain release of Englishmen held captive by the Delawares, 104; recommends justice of peace, 117; commissioned super- intendent for Indian affairs, 141 ; a member of the Council, 141; gives orders to militia officers, 141 ; wishes to qualify as justice of the peace, 141, 175; holds In- dian conference, 175, 228, 237 253, 266, 276, 280, 293, 341 marches out with militia, 190 reports hostility of western In dians, 225, and of Senecas, 226, 228; illness of, 230, 276; sugges- tions of, for improving the militia organization, 230-231, 233-234, 246-247, 252-255; orders Albany militia to Schenectady, 231-232; recommends Hansen for

INDEX

429

Albany sheriff, 235; gives warn- ing of threatened Indian attack, 239, 245; Amherst confers with, 241, 247; nominates officers for his regiment, 252; criticizes the English Indian policy, 267-268; Indians from the Schuylkill sent to, 275 ; tells Colden locations of friendly and enemy Indians, 277 ; wishes Colden to forbid selling of ammunition to the Indians, 279; wishes Canadian Society of Jesuits abolished, 280; asks Colden about ungranted lands, 286, 292, 295, 297; sends out friendly Indians against the en- emy Indians, 293, 294, 302, 304; has great influence among In- dians, 294; Chenussios agree to peace terms of, 296; to confer about peace with western In- dians, 297 ; desires patent for his Indian land, 297-298, 304 ; prom- ises Colden a share of his land, 298; suggests means of regulat- ing Indian trade, 315-317; to go to Niagara, 314, 317; Board of Trade asks advice of, as su- perintendent of Indian affairs, 324-328, 365; to report amount of Indian trade, 328; returns from Niagara with Indian sachems, 342; writes to Alex- ander Colden to depute a sur- veyor, 344; anxious about his land, 344; settled affairs with the Indians at big Niagara con- ference, 344-346, 347; Senecas give all islands in Niagara River, 345; called Goragh War- raghiaguy, 347; Mohawk chiefs address, concerning English en- croachments on the Kayaderos- sres land, 347-349; promises to refer the Mohawk complaint to Colden, 349; wishes redress for Indian grievances, 350, 366, 397; N. Y. Assembly believes, can reconcile the Indians about Kayaderosseras, 358 ; estimates volume of Indian trade, 365; Board of Trade informed that, desired land, 366, 376; returns from Canajoharie, 375, 386; re- fuses to reconcile Indians to Kayaderosseras patent, 375, 396; paid Indians for his land, 376; Canaj oharie Indians complain to, about Klock, 386, 397; Shaw- nese and Delawares send dep-

uties to, to conclude peace, 394; mentioned, 50, 100, 232, 241, 242, 269, 309, 311, 328, 356.

Johnson, William, letter of, to David Colden, 255-260. 303-304; letter to, from David Colden, 249-251, 261-264, 265, 306-307; David Colden refutes statement of, concerning electrical repul- sion, 250-251, 261-264; answers David Colden concerning elec- trical attraction and repulsion, 255-260; David Colden sends, his electrical supplement to the Principles of Action, 265; asks David Colden about the striking of Trinity Church by lightning, 303; David Colden answers, about lightning, 306-307.

Johnson Hall, 225, 22S, 232, 235, 236, 239, 245, 252, 265, 269, 276, 280, 285, 292, 293, 296, 302, 304, 314, 344, 347, 350, 365, 375, 386, 396, 398.

Johnston. David, an owner of the Little David, 210.

Jones, David, fourth justice, N. Y. Supreme Court, 86.

Jones. Humphrey, an owner of the Antilope, 210."

Judges, should be independent as to salary and tenure, 68; N. Y. people demand appointment of, during good behaviour, 115. See also Supreme Court of N. Y.

Juniata River, Indians kill whites on, 317.

Kanadassegey, friendly Senecas from, visit Sir William Johnson, 266.

Kanestigione (Nestigione), 361.

Kanestio, Indians at, enemies of the English, 277; Capt. Mon- tour destroys, 302; mentioned, 296.

Kayaderosseras Patent, chief hunting tract remaining to the Mohawks, 348; English en- croachments on, 348-349; Mo- hawks address Sir William Johnson about, 347-349, 350; N. Y. General Assembly con- siders it inadvisable to enquire into title of, 356-358; Sir Wil- liam Johnson must pacify Mo- hawks about, 358; Gov. Hardy wished to vacate, 357; thinly

430

INDEX

settled, 357; exposed to incur- sions from Crown Point, 357; Indian deed for, to S. S. Brough- ton, 359-360; boundaries of, 359; Queen Anne's grant of, to Nanning Harmense and others, 360-364; called Queensborough, 361; Board of Trade gives di- rections about vacating, 365; kept away settlers, 365 ; Sir Wil- liam Johnson believes, de- frauded the Indians, 365, 375; depositions concerning, 371-375; Mohawks did not sell, 372-374; few settlements on, because of insecure title, 372-374; Sir Wil- liam Johnson believes the As- sembly is wrong about, 375, 396; Johnson obtains deposi- tions about, 376; mentioned, 349, 376, 396.

Kayaderosseras Creek, Mohawks complain of English settlements near, 349; mentioned, 361.

Kelly, William, an owner of the Charming Betsy, 210.

Kempe, John Labor, letters of, to Cadwallader Colden, 142, 142- 143, 145-146, 147-148, 171-173, 369-371, 378; signs proclamation of George III, 8; opinion of, concerning impressment of pro- visions, 142, 143, 144; opinion of, concerning Carlisle and the crew of the Dove, 147; opinion of, concerning the proof against those engaged in illegal corre- spondence, 171-173; asked to prosecute Albany officials for destroying king's property, 227- 228; prosecutes John P. Smith for harbouring a counterfeiter, 242-245; acts for proprietors of Evans's Patent, 296; Colden or- ders, to enter a nolle ^prosequi in the suit against Theophilact Bache, 301 ; ordered to bring suit in behalf of Southold Indians, 356, 390; governor's fees for pat- ent of, 367; opinion of, concern- ing an appeal to the governor's council, 368-371 ; looks up points of law in appeals, 378; Colden confers with, about Cunning- ham's appeal, 388; opinion of, concerning the Southold In- dians' claims, 390-393; cannot as king's officer prosecute Indians' case, 392; mentioned, 145, 173, 174, 339, 356.

Kennebec River, Indian trading post on, proposed, 326.

Kennedy, Capt., commander on the N. Y. station, 333.

Kennedy, Archibald, signs procla- mation of George III, 7; col- lector of customs at N. Y., 43; mentioned, 121.

Keowee, 36.

Kinderhook, Indian murder at, 157.

King George, see George.

King, Thomas, defeats party of Delawares, 293 ; takes scalp of nephew of Delaware chief, 303.

Kingston, Jamaica, two vessels sail from, loaded with prize sugars, 3, 4; mentioned, 183, 185.

Kingston, N. Y., 181, 296. See also Esopus.

Kinnersley, Rev. Mr. E., 249, 255, 256, 258.

Kissam, Benjamin, counsel for George Spencer, 90, 91, 98; ad- dresses Colden concerning George Spencer's case, 92.

Klock, George (Ury), defrauds Indians of their land, 11-12; claims to have bought Living- ston patent, 12; receives quit claim from Livingston, 18; an- gers Indians and inhabitants of Canajoharie, 87; affidavits con- cerning, sent to Colden, 117; Johnson wishes Council's reso- lutions concerning, 141; orders about, sent to Johnson, 175 ; ejects tenants, 175; not con- victed, 229; villainy of, 229, 269; debauches the Indians, 285, 386-387; plans to send two Indians to England, 285, 386- 387; Canajoharie Indians com- plain to Johnson about, 386-387; mentioned, 387,

397.

Klock, George, Jr., to be sent to England with two Indians, 386- 387.

Knight, Joseph, Ensign, 1st or Royal Reg't, wounded in battle with Cherokees, 54.

Kortwright, Lawrence, signs proc- lamation of George III, 9; owner of the Sally, 178, 210; en- gaged in illegal trade to the French West Indies, 178; men- tioned, 210.

INDEX

431

La Baye, 345.

Lady day, Kayaderosseras quit rent to be paid on, 364.

Lake Champlain, land west of, belongs to the Mohawks, 44; Guy Johnson prefers land near, 286; timber rights to be re- served near, 317; mentionjed, 317.

Lake George, land near, to be surveyed for Maj. Rogers, 44; land on west side of, belongs to the Mohawks, 44; Guy Johnson prefers land near, 286, 295; mentioned, 45, 292.

Lake Erie, 345, 398.

Lake Ontario, 345.

Lambol, I., of South Carolina, 291.

Lancaster, Pa., Indians murdered near, 274.

Land, Indians defrauded of, 11- 13, 102; Colden promises to forbid all unfair purchases of, 17-18; Hartwick purchases, from the Indians, 14); Indians make free gift of, to Johnson, 20, 43, 86, 297-298; New York- ers desire to purchase, given to Johnson, 20 ; opposition to John- son's obtaining, 43, 86; Indians give, to Rev. Henry Barclay, 100; Barclay's conditions for conveying his, 100-101; N. Y. governor forbidden to grant, be- longing to Indians, 103; license necessary for purchase of, 103; McNeal's case concerning, 155- 156; ownership of, between the old and new ' 'northwest lines," 156; Indians satisfied with king's instructions concerning, 175; il- legal purchase of, by John Lydius on the Susquehanna River, 174; Connecticut people planning to settle on, on the Susquehanna, 175; Mme. Brett's difficulties about, 190-192; Col- den surveyed Mme. Brett's patent, 191 ; Mohawks wish to obtain justice in matter of, 228- 229; Guy Johnson entitled to grant of, 278-279; Lydius to prove title to, on Susquehanna, 286, 292; places where Guy Johnson prefers his grant of, 286, 295; Sir William Johnson asks Colden about, 286, 292, 295, 297; Johnson wishes patent for his Indian gift of, 297-298, 304;

Johnson promises Colden a share of his, for remitting the patent fees, 298; officials charge exorbitant fees for patenting and surveying, 312-313; granted to Philip Skene, 313-314, 336- 337; boundaries of, at Crown Point and Ticonderoga reserved for the crown, 317; Colden in- forms Gage about conditions of granting, 318; Colden asked to report all grants of, 329-330; letters patent for, to be granted to Joseph Walton, 337; Sir Wil- liam Johnson anxious to ob- tain his, 344; Cobus Maybe occupies, without title, 346, 347, 376; English encroach on Indian, of Kayaderosseras, 348- 349; records of Southold, sent to Colden, 352-353; proprietors of Indian Neck show cause why they cannot return, to the Southold Indians, 353-355; Sir William Johnson's desire for, referred to Board of Trade, 366; limitation on amount of, granted to one person, 396. See aho Patents, Licenses.

Landon, Samuel, proprietor of In- dian Neck, 355.

Lappius, Mr., minister near Cana- joharie, 19; congregation of, petitions to build a church, 19.

Lard, shipped from N. Y., 211.

La Roche, Michael, N. Y. cargo delivered to, at Cape Frangois, 162.

Las Nuevitas, Cuba, 331.

Laugardiere, M., not implicated in illegal trade, 209.

Law, see Appeal, Writs.

Lechmere, Thomas, surveyor gen- eral of customs, superseded by John Temple, 9.

Le Hunte, George, captain, let- ter of, to William Winepress, 164-165; mentioned, 168.

Lent, Capt. Peter, company of, mustered at Albany, 47.

Leogane, good market for Eng- lish goods at, 137; mentioned, 139.

Letters of Denization, colonial governors have authority to grant, 26; Colden advised to grant, to John de Noyelles, 26.

Lewis, , ringleader against

Mme. Brett, 191.

432

INDEX

Lewis, , one of Alexander's

clerks, 188.

Lewis, Francis, signs proclamation of George III, 8; merchant, ap- pointed assignee to take pos- session of George Spencer's es- tate, 95; sold Spencer's goods, 96.

Liberty of conscience, Collinson believes, is denied in N. Y., 393.

License, Daniel Horsmanden rec- ommends James Graham, Jr., for a, to practice as an attor- ney, 270-271.

License for Indian trade, should not be granted until conclusion of peace, 350; means of regulat- ing Indian trade, 350-351; men- tioned, 399.

License for purchase of Indian land, Klock purchases Indian lands without a, 11; Sir Wil- liam Johnson and others peti- tion for, to accept Indian land, 20, 43; New Yorkers petition for, to purchase the land given Johnson, 20; granted to Rogers and Hazzens for land near Ft. Edward, 44; necessity of, 103; applications for, to be submitted to the king, 103; unnecessary, 298; mentioned, 44.

Lightning, Trinity Church struck by, 303, 306-307.

Lightning rods, William Johnson asks about, on Trinity Church, 303; description of, on Trinity Church, 306; theory of, not in- validated by Trinity Church incident, 307.

Linberg, Isaac, Capt. Hansen steals goods from schooner of, 74.

Linnaeus, confuses species of magnolia, 112; mentioned, 112.

Liquors, bill for, 219-222.

Little Carpenter, Indian chief, Col. Grant to negotiate with, 55.

Livingston, Col., carries opinion of Assembly to Colden, 358.

Livingston, , mentioned in

connection with French West Indian trade, 138.

Livingston, , attorney, 86.

Livingston, , acts for proprie- tors of Evans's patent, 296.

Livingston, , gives Klock only

a quit claim, 18; title of, not good, 18; mentioned, 87.

Livingston, Peter Robert, engaged in the French trade, 137, 138; an owner of the Dove, 151, 210, and the Fair Trader, 210.

Livingston, Peter V. B., signs proc- lamation of George III, 8; men- tioned, 188.

Livingston, Philip, signs procla- mation of George III, 8; an owner of the St. Michael, 210.

Livingston, Robert R., signs proc- lamation of George III, 8.

Livingston, Thomas, an owner of the Friendship, 210.

Livingston, William, letter to, from David Colden, 155-156, 188-189.

Livingston Patent, includes Mo- hawk castle, 12, 87; Klock claims to have purchased, 12; Johnson asks for information about, 13; insecure title to, 18; settlers on, regard Indians as owners, 18^ 88.

London, formerly imported wheat, 289-290; mentioned, 5, 9, 15, 25, 28, 30, 31, 35, 40, 57, 62, 95, 111, 286, 298, 299. 300, 322, 331, 337, 338, 339, 393.

Long Island, French officers should be confined on, 39; sloop from, at Cape Francois, 212 ; mentioned, 38.

Lory (Loree), M., French mer- chant, receiving goods from N. Y., 138; corresponds with N. Y. merchants, 138; asks Shee and Sheridan for French trad- ing permissions, 139; the Dove's cargo delivered to, at Cape Frangois, 150, 153.

Lott, Abraham, an owner of the Industry, 162, 210; orders Capt. Tew to sail to Cape Frangois, 162; an owner of the Hester, 210.

Lott, Abraham, Jr., clerk of the General Assembly, 358.

Loudon, Samuel, an owner of the York, 210.

Low, Cornelius, letter to, from David Colden, 180-181; sur- veyed "Northwest line," 181; asked to go to Kingston for the McNeal case, 181.

Low, Isaac, signs proclamation of George III, 8.

Lowther, Gordon vs., cited, 382.

Lydius, John, made illegal pur- chase of land on the Susque- hanna River, 175; to go to Eng-

INDEX

433

land concerning his land claims,

286; sons of, obtain affidavits,

292; mentioned, 292. Lyme-Regis, 94. Lynch, Thomas, an owner of the

Industry, 162, 210; orders Capt.

Tew to sail to Cape Francois,

162. Lyndhaven Bay, 49.

McCarty, Capt., a French officer in N. Y., 38; to be sent to Long Island, 38, 39.

McCarty, David, trades with a N. Y. ship at Cape Frangois, 163.

McKensey, Dr., 322.

Mackintosh, Capt., Indians tell, about Col. Grant, 52.

McLachlan, , recruits N. Y.

provincial troops in N. J., 166.

McLaughlin, James, captain of a N. Y. brigantine engaged in the French trade, 151, 212; mas- ter of the Charming Sally, 210.

McNeal (McNeil), suit about land brought against, 155-156, 180; mentioned, 296.

McWaller, Duncan, serves notices on Marshall and Washington, 4.

Madeira, 94, 97.

Magen, , ship captain, 139.

Mail, see Postal service.

Mandamus, Apthorp receives, for a seat in the Council, 305; a second, signed for Apthorp, 332; mentioned, 333.

Map, Colden asked to transmit, of post roads, 339-340.

Mapes, Thomas, Sr., of Southold, L. I., 354.

Maroquis, M., not implicated in illegal trade, 209.

Marriage, Indians go to Burnete- field for, 42; of King George and Princess Charlotte, 75.

Marsh, Witham, secretary for In- dian affairs, 349.

Marshall, Anthony, master of the General Johnson, engages in il- licit sugar trade, 3-4; to be ap- prehended, 4.

Martinique, half of, capitulates, 121; surrendered to Gen. Monckton, 121, 131-132, 134, 209; epidemic at, 182, 184; Albemarle sails for, 212 ; Monck- ton to leave, 212; governor of, writes to Colden about the

Acadians, 319-320 ; mentioned, 53, 145, 184.

Maryland, king's orders sent to governor of, 5, 14; mentioned, 33.

Massachusetts Bay ordered to raise provincial regiments, 110; Gov. Bernard orders officials of, to aid John Temple, 122 ; Indian murder committed in, 157-158; Amherst requests the governor of, to lay an embargo, 163; Comte's papers concerning Bos- ton traders sent to the gover- nor of, 170; refuses to assist neighboring provinces, 279; Col- den writes to Board of Trade about disputed boundary of, 300; northern boundary of, forms southern boundary of N. H., 352.

Masseran, Prince, letter of, to Earl of Halifax, 331-332; com- plains of depredations on Span- ish vessels committed by Eng- lish pirates, 330, 331-332.

Masterson, , captain of the

Brookland, 185.

Maybe, Cobus, Canajoharie In- dians complain to Sir William Johnson about, 346, 376, 396-397; occupies Indian land with no title, 346, 347, 396; mentioned, 366.

Mead, S., commissioner of Cus- toms, 9, 30.

Meals, bill for, 219-222.

Medicine, Dr. Middleton sends de- scriptions of cases to Dr. Whytt, 16; cures effected by extract cicutse, 17; epidemic of a con- tagious fever among the Eng- lish troops in the West Indies, 182, 184; Bedloes Island used for the segregation of contagious diseases, 182, 184; Samuel Bard's course of study in, 322- 323.

Menominy Indians, see under In- dian Tribes.

Mesier, Peter, signs proclamation of George III, 8.

Messessago Indians, see under In- dian Tribes.

Michilimackinac, a good trading post, 315, 326; Ottawa Indians take, but agree to restore, 345.

Middleton, Dr., sends Dr. Whytt description of two cases, 16, 33.

434

INDEX

Middleton, Peter, signs proclama- tion of George III, 8.

Middleton, Col. Thomas, com- mands guard of Col. Grant's provisions, 54.

Miami, unsafe post for English traders, 315.

Miami River, Indian trading post proposed on, 326; Indians under Pontiac on, 344.

Mijingode, Johannis, witnesses the Kayaderosseras deed, 360.

Militia, of N. J., ordered to pre- pare for defense, 69; of Ulster Co., ordered to be on guard against the Indians, 70-71; of N. Y. City to guard the sheriff, 122; Sir William Johnson gives orders to officers of, 141; Sir William Johnson marches out with, 190; in readiness for In- dian troubles, 226; desertions from, on being ordered to De- troit, 226; ordered out to pro- tect the Mohawk River settle- ments, 230; hardships of service in, on the Indian frontier, 230; Johnson's suggestions for mak- ing more effective, 230-231, 233- 234, 246-247, 252-255; of Al- bany, ordered to Schenectady for Indian defense, 231-232; vacancies in, 234, 236-237, 239, 242, 281; colonies ordered to provide, for offensive operations against the Indians, 238-239; weakness of, at Schenectady and Esopus, 239; to guard the frontier during the winter, 241, 242; lack ammunition, 231, 233, 242; Colden sends Johnson officers' commissions for, 285; protect villages of friendly In- dians, 294. See also Troops.

Miller, , captain of a N. Y.

snow engaged in the French trade, 151; at Cape Francois, 212.

Miller, , master of a sloop

from Philadelphia, 212.

Milligan, John, a ship owner, 210.

Mining, Hasenclever collects Ger- mans skilled in, 298; Hasen- clever to undertake, in N. Y. or Virginia, 298-299.

Minisink, Capt. James Clinton ordered to station his men on the, road, 291.

Minisink Patent, owners of, bring suit against McNeil, 180; Alex-

ander owned land in, 188; own- ers of, bring suit against pro- prietors of Evans's patent, 295- 296.

Minutes of N. Y. Council, rela- tive to Philip Skene's land grant, 335-337; relative to land claims of Southold Indians, 355- 356.

Missionary, Ogilvie succeeds Bar- clay as, 100; Society for the Propagation of the Gospel sends, to the Mohawks, 100; Johnson wishes Protestant, endowed with Jesuit property, 280.

Mississippi River, M. Renaud loading a vessel for, 59, 62; Renaud sails to, in the Sea Flower, 155; French wished to divert fur trade to, 268; Eng- lish expedition up, turned back by Indians, 310-311; mentioned, 268. C

Mobile, 310.

Mohawk Indians, see under In- dian Tribes.

Mohawk River, Indians threaten settlements on, 230, 239; militia ordered to, 230, 231; stockades erected around houses on, 248; inhabitants on, sell ammuni- tion to the Senecas, 279; settle- ments on, exposed to the en- emy, 375; mentioned, 19, 20, 48, 246, 292, 361.

Monckton, Gen. Robert, governor of N. Y., letters written by, to Cadwallader Colden, 88, 89, 121, 189-190; letters to, written by Board of Trade, 216, 217; by Earl of Egremont, 108-111, 112- 113, 222-225; by Philip Stephens, 389; suggests removal of French officer to L. I., 38; ap- pointed governor of N. Y., 57; instructions to, concerning form of prayers for the royal family, 79-80 ; desires to settle with Col- den matter of governor's sal- ary, 88, 89; refers George Spencer's case to Colden, 92; instructions to, concerning In- dian lands, 101-104; tries to procure salary grant for Chief Justice Pratt, 114; Fort Royal capitulates to, 121; Martinique surrendered, 131-132; the Gren- adines and St. Lucia surrendered to, 145; return of, to N. Y. reported, 176 ; Capt. Nimham,

INDEX

435

an Indian, complains to, about land, 192; to leave Martinique, 212; Board of Trade sends or- ders to, concerning correspond- ence, 216, 217; asked to co- operate in enforcing trade laws, 222-225; returns to N. Y., 273; goes to England, 273; John Watts receives salary for, 287, 367-368; instructions to, con- cerning fees, 312-313; instruc- tions to, concerning appeals, 368, 370; people had planned to impose on, 399; mentioned, 112, 216, 217.

Moncriffe, Major, 264.

Monro, Dr., Samuel Bard studies under, 323.

Monroe, John, Ensign, 22nd Reg't, killed in battle with the Chero- kees, 54.

Monte Christo, the Beaver bound from N. Y. to, with provisions, 152.

Montgomerie, William, master of the Fair Trader, 210.

Montgomery, Col., Cherokees at- tack Col. Grant where they at- tacked, 54.

Montgomery, William, master of the Cornelia, 389.

Monthly Review, 197.

Montour, Capt., leaves Oghquago with party of Indians, 302; de- stroys enemy Indian villages, 302, 345; brings Johnson a scalp and a prisoner, 302-303.

Montreal, 67, 112.

Montresor, Lieut., 264.

Moon, Richard, master of the New York, 210; mentioned, 139.

Moore, Daniel, an owner of the Jove, 210.

Moore, George, mate of the Dove, deposition of, concerning the trading voyage of the Dove to the West Indies, 149-151, 152- 153; mentioned, 167.

Moore, Sir Henry, lieut. gov. of Jamaica, letter of, to Cad- wallader Golden, 3-4; asks Col- den to seize vessels engaged in illicit trade, 3-4.

Moore. Lambert, appointed comp- troller of customs at N. Y., 30; qualified and admitted, 30.

Moore, Samuel, signs proclama- tion of George III, 8.

Moore, Thomas, an owner of the Hester, 210.

Moore, William, master of the

St. Michael, 210. Morris Co., N. J., militia of, to be

in readiness for defense, 69. Murray, Gov., 332. Murray, Gen. James, letter of, to

Cadwallader Colden, 70. Muskingham River, Shawnese and

Delawares on, 311; news from,

394.

Naples, 290.

Natural history, see Botany; Science.

Naturalization, in N. Y., by act of the legislature, 25; N. Y. Council refuses to pass bill of, for John de Noyelles, 25-26.

Nelson, Mr., Mohawks prevent, from surveying Kayaderos- seras patent, 373.

Nelson, John, Gov. Wentworth in- troduces to Colden, 85; wishes to travel in other colonies, 85.

Nestigione (Kanestigione), 361.

New Brunswick, 303, 304.

New England, trade with the West Indies by way of, 138; Gen. Gage promises to requisi- tion troops from, 249; Indian tribes of, to be included in northern district, 325; Board of Trade asks advice about trading posts in, 326; mentioned, 261.

Newfoundland, provisions to be shipped to, 187-188; mentioned, 290.

New Hampshire, ordered to raise provincial regiments, 110; Gov. Wentworth orders officials of, to aid John Temple, 122; Col- den writes to Board of Trade about disputed boundary of, 300; Gov. Wentworth wishes to avoid ill feeling between N. Y. and, 343; Gov. Wentworth wishes to submit N. H.-N. Y. question to the king, 343, 352; boundaries of, 352.

New Jersey, king's orders sent to governor of, 5; Gov. Boone con- sults with Council of, 10; Gov. Boone hopes for harmony be- tween, and N. Y., 10; best site for lighthouse lies within limits of, 29; Colden asks governor and legislature of, to co-oper- ate in erecting Sandy Hook lighthouse, 29-30; Gov. Boone not anxious to apply to As-

436

INDEX

sembly of, concerning Harts- home's property, 36; jealous of N. Y.'s trade, 36; Council of, advises governor concerning or- ders to militia, 69; Hardy be- comes governor of, 99; General Assembly of, to meet at Perth Amboy, 99; ordered to raise provincial regiments, 110; Col- den wishes Assembly and Coun- cil of, to facilitate purchase of Sandy Hook land, 126; Sandy Hook affair to be laid before next session of Assembly of, 127 ; a deserter from a company of, to be apprehended, 128; troops of, ready to embark, 160; N. Y. provincial troops recruited in, 166; detachments of troops of, completed, 177; Amherst requi- sitions, for troops, 249; Pennsyl- vania Indians sent through, to N. Y., 275; to raise troops in proportion to N. Y.'s numbers, 288.

New London, Conn., ships en- gaged in illegal trade sail to and from, 162, 163; vessels clear from N. Y. for, 211.

New Orleans, governor of, sends Frenchmen among the Indians, 225; mentioned, 311.

New Providence, Bahama Is., 60.

Newspapers, Gov. Bernard sends, to Amherst and Colden, 5.

Newspapers : Gazette, 2, 5, 37, 56, 79. London Gazette, 299.

Newton, Sir Isaac, cited, 200-201; mentioned, 16, 204, 206, 255.

New York (City), opportunities at, for intercourse with other colonies, 5; people at, wish to purchase land given to John- son, 20; merchants of, desire a light house at Sandy Hook, 29; Lambert Moore comptroller of customs at, 30; French offi- cers should not be permitted in, 39, 46; Archibald Kennedy collector of customs at, 43; re- cruits sent from, 46; English troops must be assembled near, 56; Col. Robertson sets out for, 57; George Spencer confined in the gaol of, 90, 92, 99; Spencer mobbed in, 93; Gov. Hardy sees Colden at, 99; merchants of, trade with the enemy, 136,

137-140, 161-163, 178; Colden asked to prohibit trade with the enemy from, 137, 140, 163, 170; merchants of, plan to fit out French and Spanish vessels, 139; warrant to arrest all Frenchmen in, 148; the Dove laden with provisions at, 149, 150; ships of, at Cape Francois, 151, 152; provincial troops to assemble at and embark from, 160; exporta- tion of provisions from, pro- hibited, 166, 174, 178; English illegal traders at, unpunished, 170; merchants of, contract to send provisions to Havana, 177-178; Rieux and Comte de- tained in prison of, 179, 180, 182; purchased Bedloes Is. as a place for contagious diseases, 182; magistrates of, request that sick soldiers from the West Indies be segregated on Bedloes Is., 182; flour and bread shipped from, for English fleet and army, 182-183, 185, 187-188; list of vessels cleared from, with their cargoes and destinations, 210- 211 ; list of vessels from, at Cape Francois, 212; bill of daily ex- penses of a gentleman in, 219- 222; Charleston gayer than, 282; ship owners of, must ransom the Dove held as prize by the French, 299-300; memorial of merchants of, sent to Board of Trade, 300; merchant of, orders goods from Holland, 334; mag- istrates of, refuse to furnish fire wood for troops, 389; man imprisoned in, for refusing to take an oath, 393; mentioned, 1, 2, 7, 14, 15, 21, 22, 23, 24, 27, 29, 31, 33, 38, 39, 49, 52, 58, 60, 61, 62, 71, 77, 84, 88, 89, 95, 101, 104, 113, 117, 121, 123, 125, 127, 128, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 143, 144, 145, 146, 148, 149, 151, 152, 153, 154, 155, 158, 159, 161, 162, 163, 165, 166, 168, 169, 170, 171, 173, 176, 177, 178, 180, 182, 183, 185, 186, 187, 189, 193, 197, 198, 209, 212, 227, 234, 241, 243, 248, 249, 251, 255, 261, 264, 265, 276, 279, 282, 283, 304, 305, 310, 311, 317, 318, 320, 322, 335, 341, 352, 355, 356, 364, 378, 386, 387, 389, 393, 394, 399. New York (Province), Colden to prepare to raise troops in, 2;

INDEX

437

Council and leading citizens of, proclaim George III, 6-9; act of, approved by king in coun- cil, 9-10; Gov. Boone hopes for harmony between, and N. J., 10; military arms in, to be pre- pared for service, 15, 23, 110, 119; commission to Cad- wallader Colden as lieutenant governor of, 26-27, 49, 52, 60, 65, 66, 67, 70; report of, must be sent to Board of Trade, 28; Vaudrile's boat seized in, 31; N. J. jealous of the flourish- ing trade of, 36; new governor of, appointed, 40; vessels in ports of, to be convoyed to the West Indies, 51-52; Robert Monckton appointed governor of, 58; draft of soldiers in, to be postponed, 73, 83; official communications to governor of, 79, 84, 236, 238; Benjamin Pratt decides to accept office of chief justice of, 81; Burke suggested as agent of, 83; Charles a good agent of, 83; justices of Supreme Court of, 86; Colden chancellor of chan- cery court of, 89, 90; gov- ernor of, forbidden to grant Indian land, 103; courts of, must conform to common law and laws of England, 106; must furnish quota of recruits to com- plete regular British regiments, 107-108, 119-120, 123-124; pro- vincial regiments to be raised in, 108-111; declaration of war against Spain to be proclaimed in, 113; increased cost of living in, 114-115; people of, demand appointment of chief justice of during good behaviour, 115; John Temple wishes officials of, to assist him, 122; to provide substitutes for its recruits who desert, 124; willing to pay well for Sandy Hook land, 125; some gentlemen of, try to have law passed in favor of the Sandy Hook proprietors, 126; Colden's proclamation of bounties offered to volunteers from, for the reg- ular English regiments, 129-131; Amherst requisitions, for troops, 134, 159, 249; Indian who com- mitted murder in, must be tried in, 157; Colden returns to ad- ministration of, 225; safety of,

depends on militia on the In- dian frontier, 230; should repair fort at Albany, 242; Gov. Monckton returns to, and leaves, 273; Pennsylvania In- dians sent to, 275 ; N. J. to raise troops in proportion to numbers raised by, 288; Hasenclever to engage in iron mining in Vir- ginia or, 298-299; fees charged by officers of, to be made pub- lic and sent to Board of Trade, 312-313; land in, granted to Philip Skene, 313-314; English postmaster general desires map of post roads in, 339-340; Gov. Wentworth wishes to submit controversy between, and New Hampshire to the king, 343, 352; questioning validity of patents would discourage settlement in, 357; should keep faith with patentees, 358; mentioned, 3, 6, 7, 9, 10, 23, 36, 37, 53, 69, 70, 76, 78, 79, 80, 82, 84, 89, 101, 103, 104, 106, 111, 112, 113, 121, 127, 128, 129, 134, 141, 148, 149, 152, 175, 179, 180, 193, 198, 216, 217, 236, 243, 247, 286, 299, 300, 301, 305, 312, 313, 314, 330, 331, 333, 334, 336, 338, 339, 340, 341, 343, 344, 353, 360, 364, 377, 378, 379, 380, 385, 389, 390, 395. New York Council, proclaims George III king, 6-9; order of, sent to Governor Boone, 10; letter read in, 15, 69, 76, 79, 80, 84, 108, 113, 125, 158, 239, 309, 313, 314, 331, 341, 343; John- son hopes, will grant his peti- tion, 20; refuses to pass bill naturalizing John de Noyelles, 26; memorial of merchants peti- tioning for Sandy Hook light- house referred to, 29; Gov. Boone requests that Vaudrile be examined in, 32; William John- son to have difficulty in obtain- ing land license from, 43; be- lieves Assembly will extend term of troops' service, 48; Capt. Hansen to appear before, 75; bill passed by, "for preventing disputes ... on demise of the crown" not approved by Board of Trade, 105-106; asked to raise provincial regiments, 109, 118; to be consulted about Klock, 117; members of, can act as justices of the peace, 141;

438

INDEX

Sir William Johnson a member of, 141; Colden follows advice of, in ordering impressment of provisions, 142, 143; questions Colden's authority to forbid ex- portation of provisions, 174; establishes the "north-west line," 189; should repair fort at Albany, 242 ; act against counter- feiting passed by, and Assembly, 243; gives advice about the Indians from Pennsylvania, 276; Apthorp receives mandamus for a seat in, 305; Colden neg- lects to admit Apthorp to, 305- 306; opinion of, concerning the Acadians, 319; minutes of, rel- ative to Philip Skene's land grant, 335-337; Colden to con- sult with, about Indian griev- ance, 350, 351; proprietors of Indian Neck submit question of Southold land to, 353-355 ; or- der suit brought on behalf of Southold Indians, 355-356, 390; refuses to favor Sir William Johnson, 366; opinions con- cerning appeals from Supreme Court to, 368-371, 379-386, 388; address of, sent to England, 379; mentioned, 121, 141, 335, 337, 353, 366. New York General Assembly, to be asked to raise provincial regiments, 15, 109, 118, 125; Am- herst anxious to learn decision of, 15, 119; resolves of, sent to Amherst, 23; votes to raise fewer soldiers than Pitt asked for, 24; Amherst urges, to raise larger number, 24 ; votes to raise required number, with limita- tions, 24-25; passes bill natural- izing John de Noyelles, 26; agrees to build a lighthouse at Sandy Hook, 29; should ex- tend term of service of pro- vincial troops, 41; Council thinks, will provide for ex- tended service of troops, 48, 59; not necessary to call a spe- cial session of, 48, 59; can con- trol judge if he is not financially independent of, 68; refuses to vote requisition for troops be- cause of stoppage of billetting money, 71-72; resolves to raise troops, 73, 82, 129; Benjamin Pratt asks how much, will al- low him, 77, 81-82; bill passed

by, for "preventing of disputes ... on the demise of the crown," 105; extension of, on. death of king unnecessary, 105; refuses to vote salary for Chief Justice Pratt, 114; to be asked to grant recruits for the regu- lar regiments, 120, 125; bill favoring Sandy Hook proprie- tors fails to pass, 126; resolves of, do not fulfill Egremont's re- quests, 127-128 ; appropriates bounties for recruits in regular army, 129, 130; has passed acts impressing things other than provisions, 143 ; Press Act of, ex- pired, 164; Colden's message to, sent to Amherst, 165; should pass act for impressment of horses and carriages, 168; Col- den thinks his message to, rec- ommending impressment would have contrary effect, 169; in- forms Colden of reason for slow enlistment, 176; should provide for expenses of militia on the Indian frontier, 230; to be asked to supply troops to quell Indian insurrection, 238, 239; should repair fort at Albany, 242; act against counterfeiting passed by, and Council, 243; votes to raise men to guard communications between Al- bany and Oswego, 249; number of troops raised by, for Indian war, 309; Colden's proclama- tion proroguing, 334-335; to be advised to build ferries to fa- cilitate postal service, 339; con- siders it inadvisable to ques- tion legality of Kayaderosseras Patent, 356-358; advised Gov. Hardy not to vacate Kayaderos- seras Patent, 358; Sir William Johnson considers, mistaken about the Kayaderosseras pat- ent, 375-376; Colden's address to, sent to Lord Halifax, 377; mentioned, 127, 246, 249, 266, 280, 360, 364.

New York Independent Com- panies, two companies arrived at N. Y. and two expected there, 160; need recruits, 160; service in, agreeable, to New Yorkers, 160, 165; to be disbanded, 235; Guy Johnson a lieutenant in, 279.

New York Militia, see Militia.

INDEX

439

New York Supreme Court, see Supreme Court.

New York Troops, see Troops.

Niagara, Chenussios agree to cede land at, 296; Johnson to hold Indian conference at, 297; Sir William Johnson to go to, 314, 317; permits for Indian trade at, 315; seventy per cent profit permitted at, 316; proposed for an Indian trading post, 326; number of Indians assembled at, 341, 347; different nations which attended conference at, 344; mentioned, 226, 278, 319, 340, 341, 342, 344, 365, 399.

Niagara Carrying Place, 277; friendly Indians sent to secure, 304; Western Indians planning to attack, 304.

Niagara Falls, Chenussios agree to cede land as far as, 296.

Niagara River, Senecas surrender land on both sides of, 345; Senecas give Sir William John- son all islands in, 345.

Nichols, Richard, signs proclama- tion of George III, 7; men- tioned, 300.

Nimham, "Old," an Indian, Mrs. Brett's friend, 191, 192.

Nimham, Capt., son of Old Nim- ham, makes arrangements about land with Mme. Brett, 192; com- plains to Gov. Monckton, 192; mentioned, 190.

Nivern , Duke de, 318.

Nolle prosequi, C olden orders a, in suit against Bache, 301.

Nollet, Abbe, answers David Col- den's paper on electricity, 216.

Northam, Timothy, Gov. Fitch refuses to permit, to recruit N. Y. regiments in Conn., 160- 161.

North America, the Phoenix and General Johnson sailing toward, 4; John Temple surveyor gen- eral of northern part of, 9; ves- sels of, captured by the French, 51; English conquests in, must be secured, 72 ; British regiments sent to defend, must be re- cruited in, 107-108, 119, 123-125; breaking of trade laws in, 222- 223; trade laws to be strictly enforced in, 223-225; England incurred heavy expense in pro- tecting, 224; Colville appointed commander on coast of, 240;

Hasenclever to engage in iron mining in, 298; plan for admin- istering Indian affairs in, 325- 329; mentioned, 7, 22, 35, 41, 97, 101, 102, 108, 109, 112, 117, 118, 123, 129, 130, 148, 175, 198, 219, 238, 239, 240, 283, 285, 291, 308, 312, 334, 338, 353, 360, 364, 389, 390.

North Carolina, pork from, ar- rives at N. Y., 136; vessels clear from N. Y. for, 161, 211; men- tioned, 5, 14, 52. See also Caro- lina.

Northumberland, Lord, 290.

Northwest line of Evans's patent, surveyed by Cornelius Low, 181 begins at Stony Point, 181, 189 mentioned, 155-156, 180, 188.

Norwalk, Conn., 66, 160.

Nova Scotia, 237; Wilmot ap- pointed lieut. gov. of, 237; In- dian tribes of, included in the northern district, 325; Board of Trade asks advice about trading posts in, 326.

Nucassee, 55.

Nugent, Robert, 34.

Oath, N. Y. man refuses to take, because of conscientious scru- ples, 393.

Ogden, , letter to, from David

Colden, 188-189.

Ogden, David, letter to, from David Colden, 295-296; asked to act as counsel for proprie- tors of Evans's Patent, 296; mentioned, 296.

Oghquagoe, to be guarded by de- tachment of provincials, 294; mentioned, 294, 302.

Oghquagoe Indians, see under In- dian Tribes.

Ogilvie, Rev. John, succeeds Henry Barclay as missionary to the Indians, 100.

Ohio Indians, see under Indian Tribes.

Ohio River, Indians from, threaten English settlements, 239; Sir William Johnson sends parties against the enemy In- dians on, 293; considered as boundary between two Indian administrations, 325; Delawares from, did not attend Niagara conference, 344.

Oil, shipped from N. Y., 211.

440

INDEX

Oneida, N. Y., Johnson to tell Indians at, of Colden's resolu- tion, 18; mentioned, 42.

Oneida Indians, see under Indian Tribes.

Onions, shipped from N. Y., 149, 211.

Onondaga Indians, see under In- dian Tribes.

Ontario, 278.

Orange Co., N. Y., to be warned against Indians, 69; influence of Smith family and Wawayanda patentees in, 156; court of, in- dicts James Campbell for coun- terfeiting, 244; mentioned, 189, 244, 291.

Orange Town, Orange Co., N. Y., county court of general session held at, 244.

Oruba Is., Capt. Hansen's depre- dations in harbor of, 75.

Orwell, Francis, Lord, member, board of Trade, 216, 217, 308.

Oswego, provincial troops from Al- bany sent to, 46, 51; provincial troops to serve at, 177, 187; troops vote to guard communi- cation between Albany and, 249 ; permits for Indian trade at, 315 ; profit permitted at, 316; pro- posed for Indian trading post, 326; mentioned, 128.

Ottawa Indians, see under Indian Tribes.

Otter Creek, Lake Champlain, Guy Johnson prefers land near, 286; mentioned, 292.

Packets, see under Postal service; Ships.

Palais, citadel of, Belleisle, cap- tured, 57, 67.

Pall Mall, 286.

Paper currency, Parliament to pass an act forbidding, to be made legal tender, 300-301; a statement of, in the colonies to be prepared, 301, 308-309.

Parliament of Great Britain, meets, 1, 2; judges should be independent of, 68; king's mes- sage to, concerning judges, 68; act of, for relief of debtors, 90, 94; extension of, on death of king, 105; recommendation to, to recompense colonies for mili- tary expenses, 110, 119; acts of, concerning trade, 222, 223; lays duties on American trade, 300;

to forbid paper currency being made legal tender, 300-301; de- sires a statement of paper cur- rency in the colonies, 301; list of colonial papers chargeable with a stamp tax to be drawn up for, 338; mentioned, 91, 92, 93, 98, 162, 308, 312, 314, 324, 325, 378. See, also House of Commons.

Passiguaghgung; enemy Indians at, 277.

Patents, Indians wish, to require consent of entire castle, 11, 12; granted to various men named, 188-189 ; Mme. Brett's, very old, 190; Sir William Johnson's, 292; Johnson inquires about vacant land near various, 297; Johnson wishes, for his Indian land, 297- 298; exorbitant fees charged for, 312; difficulties of tracing titles to, 356-357; inadvisability of questioning legality of, 357; Anne's, of Kayaderosseras to Nanning Harmense and others, 360-364; owned by Harmense, Fauconnier, Abeel, Willson, Van Schaick, 361; account of gov- ernor's fees for, 367. See also names of patents, as Evans, Kayaderosseras.

Pelham, H., commissioner of Cus- toms, 9, 30.

Penington, Thomas, and Son, Bristol merchants, brought suit for debt against George Spencer, 90, 94, 96-97.

Penn, John, governor of Pennsyl- vania, letter of, to Cadwallader Colden, 274-275; sends Golden account of murder of Indians, 274; sends Indians from the Schuylkill to Sir William John- son, 275; sends Johnson account of murder of Canestoga Indians, 280; issues proclamations con- cerning Indian murder, 280-281; wishes to send Indians from Philadelphia to Albany, 292.

Pennsylvania, king's orders sent to governor of, 5; barbarity of people of, bad example to In- dians, 112; Amherst wishes em- bargo in all ports of, 167; em- bargo laid in, 178; whites mur- der Indians in, 274, 277, 280, 281; Indians from, sent to Sir William Johnson, 275; Fort Pitt best place in, for Indian trade,

INDEX

441

317; Indian incursions into, 317, 319. .

Pensacola, 311.

Peranes Indians, see under Indian Tribes.

Perquisites of governor's office, Monckton wishes to decide with Colden payment of, during his absence, 88, 89. See also Salary, Fees.

Perth Amboy, N. J., N. J. As- sembly to meet at, 99; men- tioned, 10, 31, 36, 43, 69, 99, 128, 134, 166, 213, 288, 292.

Petre, Lord, 290.

Philadelphia, Pa., postoffice of, mentioned, 33; Lieut. Brown recruits for Shirley at, 61 ; Am- herst wishes embargo laid at, 167; merchants of, collect pro- visions, 167, 178; vessel of, at Cape Frangois, 212; Indians to be escorted back to, 276; friendly Indians from Wawi- loosin go to, 277; rioters threaten Indians under protec- tion of, 292; Gov. Perm wishes to send Indians from, to Albany, 292; mentioned, 14, 198, 274, 291, 304.

Philips, Mr., 186.

Philosophical Society, 34.

Pickard, Eve, a mulatto, keeps a tavern on Canajoharie Flats, 11, 12; defrauds Indians of land, 12.

Pieces of eight, Spanish, N. Y. act against counterfeiting, 243; James Campbell indicted for counterfeiting, 244.

Pintard, Lewis, an owner of the Sally, 210.

Pirates, act concerning, repealed, 58; attack Spanish vessels, 330, 331-332.

Piracy, Spanish ambassador com- plains of English, in the West Indies, 330; Colden ordered to investigate, 330-331.

Pitt, William, letter of, to Cad- wallader Colden, 2-3, 75-76, 79; Amherst learns of king's death from, 1; De Fuentes applies to, in behalf of Capt. De la Rosa, 2; asks Colden to assist De la Rosa, 3; asks Colden to collect and repair arms, 23; urges rais- ing of troops, 24, 41; signs Col- den's commission as lieut. gov- ernor, 27; appoints governor of

N. Y., 40; announces king's marriage, 75, and coronation, 79; resigns office of Secretary of State, 84; mentioned, 3, 35.

Pittsburgh, suitable for Indian trading post, 326. See also Fort Pitt.

Piatt, Capt. Jesse, company of, mustered at Albany, 51.

Poland, wheat from, formerly imported by England, 289-290.

Pondicherry, surrendered to the English, 58, 62.

Pontiac (Pondiac), no reports concerning, 341 ; Indians under, on the Miamis River, 344; does not attend Niagara conference, 344.

Popple, William, letter of, to Cadwallader Colden, 198-208; letter to, from Cadwallader Colden, 193-197; Colden asks, for criticism of his principles, 194; Colden gives, a resume of his principles, 194-197; com- ments on Colden's principles, 198-208; writes poem called Oblivion, 208.

Pork, unloaded at Oruba, 74; from N. C, arrives at N. Y., 136.

Port a Paix, Haiti, the Dove enters, 150-153; R. I. brig at, 151, 154, 212; mentioned, 139, 150.

Porterfield, Dr. William, age of, 219; mentioned, 17, 218, 219, 272, 274.

Portland, 127.

Port Majorvi, 331.

Porto Principe, 331.

Portsmouth, N. H., 22, 85, 342, 351

Port Trinite, 331.

Portuguese gold coins, N. Y. law against counterfeiting, 243.

Post, Jan, Capt. Hansen steals goods from ship of, 74.

Postal service, value of efficient, to the colonies, 339; colonies advised to build ferries to im- prove, 339; British postmaster general desires map of post roads, 339-340; neglect of, at Boston, 377; importance of ef- ficiency in, 378; by advice boat, 55, 61, 64; by express, 5, 14, 127, 292; by packet, 40, 52, 59, 73, 78, 83, 117, 295, 311, 332; by

442

INDEX

man of war, 73, 83; by regular post, 14, 38, 40, 46, 47, 57, 168.

Post Office, Gov. Wilmot com- plains of delays in, at N. Y., 332-333; mentioned, 340, 377.

Post roads, Colden asked to send map of to England, 339-340; fer- ries should be established on, 339; mentioned, 395.

Potman, Aaron, deposition of, concerning the Kayaderosseras Patent, 371-372.

Poughkeepsie, Mme. Brett has trouble with people of, about land, 190; mentioned, 189.

Pownall, inhabitants of seized and imprisoned by sheriff of Albany, 342-343; Gov. Wentworth asks Colden to release inhabitants of, 343.

Pownall, John, secretary, Board of Trade, letters of, to Cadwallader Colden, 57-58, 83 ; sends order in Council to Colden, 9-10; sends Colden Noyelle's petition, 25; sends Colden orders of Board of Trade, 25-26; used his influence to have Colden appointed lieut. gov., 58; suggestd Burke as N. Y. agent, 83; considers Charles a good agent, 83.

Pownall, Thomas, letter to, from Benjamin Pratt, 113-116; does not wish to be governor of S. C, 37; Chief Justice Pratt asks advice of, concerning his salary, 113-115; mentioned, 116.

Powtewatamy Indians, see under Indian Tribes.

Pratt (Prat), Benjamin, letters of, to Cadwallader Colden, 68-69, 76-78, 81-82, 120; letter of, to Thomas Pownall, 113-116; asks if chief justiceship is during governor's pleasure, 68-69; hesi- tates to leave Boston, 77, 82; asks Colden's advice about of- fice in N. Y., 77, 81-82; decides to accept office of chief justice, 81; N. Y. legislature votes no salary for, 114; desires appro- priation of salary from quit rents, 114-115; asks a short re- prieve for two criminals, 120; depositions sworn before, con- cerning the Dove, 149-151; 151- 152; opinion of, concerning the Acadians, 319.

Prescott, Capt., Amherst's aide de camp, arrives in N. Y., 1.

Preston, William, 319.

Presqu'isle, Col. Bradstreet reaches, with his army, 340; mentioned, 340.

Printup, William, deposition of, concerning the Kayaderosseras Patent, 371, 374-375.

Privateers, French officers from, enter N. Y., 39; Capt. Boyd wishes news of, 49; act concern- ing repealed, 58; Capt. Boyd finds no, 63; letters of marque granted to, 113; piracy com- mitted by English, in the West Indies, 330.

Privy Council approves N. Y. law concerning justices of the peace, 9-10; members of, 34; or- der of, repealing rule concern- ing nomination of colonial of- ficials, 34-35; order in, trans- mitted to Colden 35-36; king in, signs declaration of war against Spain, 112-113; orders of, concerning correspondence of governors with Board of Trade, 216, 217; order in, con- cerning land grant to Philip Skene, 335-336; right of appeal to, 369, 381, 383; mentioned, 223, 382, 384.

Prizes, English ships held as, by the French must be ransomed, 299-300.

Protestants, transfer of Jesuit property to a Protestant bishop- ric would increase number of, 280.

Providence, R. I., schooner from, trades at Port a Paix, 154.

Providence Is., W. I., De Ricla complains to governor of, of English pirates, 332; mentioned, 5.

Provincial Officers' Patent, gov- ernor's fees for, 367.

Provisions, Capt. Hansen unloads, at Oruba, 74; should not be sent to St. Augustine in war time, 133; to be procured for the army, 135-136; N. Y. mer- chants supply the enemy with, 136, 137-140, 149-151, 152; Am- herst asks Colden to prohibit exportation of, 137, 140; flour taken to Cape Frangois, 139; Colden issues warrant for im- pressment of, 142, 143, 144; mer- chants refuse to obey impress- ment warrant of, 142, 143; no

INDEX

443

act of Assembly impressing, 143 ; Amherst employs Watts and De Lancey to purchase, 143-144; N. Y. ships carry, to the French West Indies, 149, 152, 161-163, 178; Dove loaded with sugar at Cape Francois, 150, 153, 154; cheap and plentiful at Cape Frangois, 151, 152; Amherst or- ders pease purchased at Albany, 154; Amherst requests an em- bargo on, 163, 166-167; Colden prohibits exportation of, 166, 174, 178; quantities of, collected by Pennsylvania merchants, 167, 178; N. Y. merchants contract to send to Havana, 177-178; flour sent from N. Y. for the English fleet, 182-183, 185-186; flour and bread sent to English garrison at St. John's, 187-188; list of, shipped from N. Y., 211; N. Y. troops to be allowed billeting money in lieu of, 251 ; a hard winter advances prices of, in England, 289; Senecas on the Susquehanna lack, 311. See also Bread, Flour, etc.

Provost, John, 188.

Pryce, Capt., 167.

Putnam's Landing, 286.

Quackenbos, Abraham, deposition of, concerning the Kayaderos- seras Patent, 371, 372-373.

Quartering of troops, no law in N. Y. for, in houses, 389.

Quebec, in province of, John Temple, surveyor general of customs, 201; Board of Trade asks advice about trading posts in, 326; mentioned, 70, 112, 268, 286, 292.

Queen Anne, see Anne.

Queen Charlotte, see Charlotte.

Queensborough, Kayaderosseras called, 361. See Kayaderos- seras Patent.

Quit rents, Chief Justice Pratt wishes his salary appropriated from, 114-115; Colden asked to report concerning, 330; to be paid by Kayaderosseras paten- tees, 364; mentioned, 310, 336.

Randall, Thomas, signs procla- mation of George III, 8.

Ransom, must be paid by owners of ships taken by the French, 299.

Raritan Indians, see under Indian

Tribes. Ravelo, Manuel, 331. Raven, Cornelius, translates into English letter from gov. of Curagoa, 75. Ray (Rea), Capt. Richard, com- pany of, mustered at Albany, 47. Reade, Joseph, opinion of, con- cerning the Acadians, 319; pres- ent at meeting of Council, 335, 355. Reeve, James, of Southold, L. I.,

354. Regiments, British army : 1st or Royal, officer of, wounded,

54. 22nd, Ensign Monroe of, killed, 54; recalled from expedition to the Illinois, 310-311; sta- tioned at New Orleans and Pensacola, 311. 30th, to be disbanded, 389. 43d, sails from Albany to Staten

Island, 65. 44th, Capt. Duncan sold out of,

295. 55th, to be sent back to Eng- land, 389. 60th or Royal American, to es- cort Indians back to Philadel- phia, 276; mentioned, 15, 33. 94th or Vaughan's, transport carrying, captured by the French, 53. 95th or Burton's, two officers of, wounded, 54; two officers of, leave N. Y., 61. Montgomery's, 276. Renaud, a Frenchman, loads ves- sel for the Mississippi, 59, 62; to be investigated, 59, 62; sails from N. Y. to the Mississippi, 62, 155; Amherst wishes to know name of ship captain of, 64; Colden learns name of vessel of, 66. Revenue, England deprived of, by illegal traders, 222; efforts to increase, 223-224; clanger of bribery threatening, 333; ques- tion of jurisdiction in contro- versy with N. Y. affects, of New Hampshire, 351-352. Reynard Indians, see under In- dian Tribes. Rhode Island, ordered to raise provincial regiments, 110; brig of, trades at Port a Paix, 151, 154, 212; Amherst awaits quota

444

INDEX

of troops from, 160 ; troops from, ready, 177.

Ribails, M., receives at Cayes a cargo from N. Y., 162.

Rice, George, member, Board of Trade, 28, 106, 216, 217, 308, 328, 330.

Richard, Paul, George Spencer owed money to, 96.

Richardson, William, master of the Charming Betsy, 210.

Richmond, Duke of, 290.

Ridgeway House, Peter Collinson retires to, 288; description of garden of, 290-291.

Rieux, Jean Batiste, petitions of, to Colden, 179-180, 181-182; M. Lory writes to, 138; Amherst re- ceives memorial from, 178; prays release from N. Y. prison, 179-180, 181-182; Amherst thinks, should remain in prison, 178, 184; implicated in illegal trade, 209; mentioned, 184, 185.

Ritzema, Joans, signs proclama- tion of George III, 7.

Roberts, J., signs proclamation of George III, 8.

Roberts, John, sheriff of N. Y., two officers ordered to assist, 158; seizes Frenchmen, 159.

Roberts, John, member, Board of Trade, 106.

Robertson, Lieut. Col. James, Deputy Quarter Master Gen- eral, 21; Colden asked to issue impressment warrant to, 21; ordered to deduct value of lost arms from billeting money, 22, 23; to prepare encampment on Staten Island, 56, 57; sails from Albany for New York, 57; men- tioned, 61, 84.

Robinson, Beverley, signs procla- mation of George III, 8.

Rodney, Admiral George, 132.

Rogers, Capt. James, has license for land near Ft. Edward, 44.

Rogers, Major Robert, land near Lake George to be surveyed for, 44.

Rogioghne, rock in Lake Cham- plain, a Mohawk land mark, 44.

Rollo, Lord Andrew, Jacob Van Schaick applies to, in vain, 6; at Guadaloupe, 53; takes Do- minica, 53; mentioned, 53.

Rooseboome, Johannes, witnesses the Kayaderosseras deed, 360.

Roosevelt, Cornelius, signs procla- mation of George III, 8.

Roosevelt, Nicholas, signs procla- mation of George III, 8.

Royal Society, 213.

Rum, loaded on a N. Y. vessel at Cape Frangois, 150, 153; bill for, with meals, 219-221; Sir William Johnson promised the Indians to allow the sale of, 365.

Rushout, Sir John, 34.

Russell, Dr., 322.

Rutgers, Cornelia, George Spencer owed money to, 96.

Rutherford, Dr., Samuel Bard studies under, 323.

Rutland, Duke of, 34.

Sacket, Samuel, an owner of the Hester, 210.

Saguinay River, Indian trading post on, proposed, 326.

St. Augustine, no provisions should be sent to the Spanish at, in time of war, 133.

St. James', 238, 298, 299, 309, 312, 314, 330, 332, 337, 338, 339, 377, 395.

St. John's, Newfoundland, pro- visions to be shipped to, 187- 188.

St. John's River, Indian trading post on, proposed, 326.

St. John's Road, Antigua, 51.

St. Joseph, unsafe post for Eng- lish traders, 315.

St. Lawrence River, 240; com- munication with, kept open, 268.

St. Louis, Haiti, N. Y. ships trade to, 139, 162; mentioned, 178.

St. Lucia, surrendered to Gen. Monckton, 145.

St. Marc, Haiti, William Carlisle directs the Dove toward, 149, 150, 152, 153.

St. Petersburg, Academy of Sci- ences at, 213; mentioned, 214.

St. Pierre, Martinique, Gen. Monckton goes to, to receive whole island of Martinique, 121 ; Gen. Monckton takes possession of, 132.

St. Thomas's Hospital, London, 322.

St. Vincent, Gen. Monckton sends to take possession of, 145.

Sakis Indians, see under Indian Tribes.

Salary, judges should be inde- pendent of legislature in matter

INDEX

445

of, 68; Benjamin Pratt con- cerned about his, as N. Y. chief justice, 68-69, 77, 81-82; Gov. Monckton wishes to decide payment of, during his absence, 88, 89; N. Y. legislature grants no, to Chief Justice Pratt, 114; Pratt wishes to obtain, from the quit rents, 114-115; John Watt's receipts for half of Gov. Monck- ton's, 287, 367-368.

Sandusky, 397, 398.

Sandy Hook, Capt. Boyd cruises near, 49; bill to aid proprietors of, 126; mentioned, 133.

Sandy Hook Lighthouse, N. Y. merchants desire, 29; N. Y. As- sembly agrees to build, 29; Col- den asks Gov. Boone to co-op- erate in the erection of, 29-30; Hartshorne owns land suitable for, 29, and is unwilling to sell it, 36; Hartshornes agree to sell land for, 125, and then refuse, 126; Colden asks Gov. Hardy's assistance in obtaining land for, 126; mentioned, 127.

Sandys, Samuel, Lard, member, Board of Trade, 28, 106.

Sanekaik Patent, 297.

Saratoga, 374

Saratoga Patent, Kayaderossera Patent west of, 359, 361.

Sarley, John, master of the Jacob, 186.

Schaticook Patent, 297.

Schenectady, N. Y., Dutch officials in, 13; companies of, mustered, 46; Johnson recommends Daniel Campbell as justice of the peace in, 117; militia ordered to pro- tect, against Indians, 230 ; troops of horse should be organized at, 230, 246; Albany militia or- dered to, for defence against the Indians, 231-232 ; Indians threaten, 239; weakness of militia in, 239; mentioned, 234, 246, 293, 295.

Schenectady Patent, Kayaderos- seras Patent north of, 359, 361.

Schenectady River, see Mohawk River.

Schoharie, N. Y., Johnson to tell Indians at, of Colden's resolu- tion, 18; N. Y. company sta- tioned at, 280, 294.

Schooners, see under Ships.

Schrieve, Thomas, deputy-coroner, recommended for coroner, 146.

Schuyler, David, Livingston's part- ner in a land grant, 18.

Schuyler, Hermanus, Gen. Am- herst recommends, 38, 40, 47.

Schuylkill River, Gov. Penn per- mitted Indians to settle on an island in, 274.

Science, lack of knowledge of fer- mentation, 16; Colden's com- ments on the sensorium to be printed by Dr. Whytt, 34; Col- den explains motion of planets and light by means of his prin- ciples, 193; resume of Colden's principles of physics, 194-197; Popple's observations on Col- den's principles, 198-208; mercury solidified, 213; cold produced by evaporation, 213-215; magnetism 215; necessity for hypothetical reasoning in, 218; Colden sends Whytt questions on vital mo- tion, 273-274; damage done by thunder, 307. See also Botany; Electricity; Medicine.

Scioto River, Shawnese and Dela- wares on, 311, 345.

Scochticoke (Schaticook) Patent, 297.

Scotland, 33.

Scott, Charles, ex-officer of Prus- sian army, 39 ; should be investi- gated, 39.

Secretary of State, see William Pitt; Earl of Egremont; Earl of Halifax.

Sedgwick, Edward, under secre- tary of State, letters of, to Cad- wallader Colden, 332-333, 377.

Seneca Indians, see under Indian Tribes.

Settlements, Johnson planning to plant, on his land, 20; will be stopped if Indians are aroused, 45; Johnson's interest in, 86-87; people from Connecticut plan- ning, on the Susquehanna River, 175; Johnson's land excellent for, 298; questioning validity of patents would discourage, 357; Kayaderosseras patent hindered, 365, 372-374; in exposed places, 375-376.

Seven Years' War, King George III resolved to prosecute, 1, 84; news of, on the continent of Europe, 5, 80; English wish to obtain an advantageous peace, 41, 108; Lord Rollo takes St. Dominica, 53; English capture

446

INDEX

Bellisle, 57, 64, 67; French sur- render Pondicherry, 58; English successes in, 61-62, 85; England declares war against Spain, 112- 113; capitulation of Fort Royal, Martinique, 121, 131-132; French surrender Martinique, 131-32 ; restoration of peace beneficial to England and the colonies, 219, 239; mentioned, 299.

Shaftsbury, Earl of, 34.

Shamokin, Indians threaten, 239.

Sharpe, Richard, must ransom the Dove, 299.

Shaw, Mr., governor's fees for patent of, 367.

Stiawnese Indians, see under In- dian Tribes.

Shee, Mr., at Leogone, 139; M. Lory applies to, for French trad- ing permissions, 139.

Sheffield, Mass., 157.

Shelburne, William, Earl of, mem- ber, Board of Trade, 217.

Sheridan, Mr., at Leogone, 139; M. Lory applies to, for French trading permission, 139.

Shippen, Dr., of Philadelphia, 198.

Ships, Colden asked to issue war- rant for impressing, 21; mas- ters of, should report French of- ficers entering N. Y., 39; trading, to be convoyed to the West Indies by the Dublin, 51-52; every, chased by, with letters of marque, 63; at Oruba plundered by Capt. Hansen, 74; masters of transports at N. Y. asked to detain men on board, 122; in army service should obey cus- tom house rules, 167; frauds in the measurement of, 167; carry- ing sick soldiers to stop at Bedloe's Island, 184; list of, cleared from N. Y., with their cargoes and destinations, 210- 211; list of, at Cape Frangois, 212; held as prizes by the French must be ransomed, 299- 300; act of Parliament concern- ing seizures made by, 314.

Ships : Antelope, sloop, 183, 210. Beaver, sloop, engaged in West India trade, 152; captured by a French schooner, 152; men- tioned, 210. Brookland, brigantine, 185. Capt. William Linsin, captured by Capt. Hansen, 74.

Charlotte, brigantine, 183. Charming Anne, brigantine,

210. Charming Betsy, sloop, 210. Charming Sally, brigantine,

clears from N. Y., 210; at

Cape Frangois, 212. Cornelia, 389. Dolphin, 52. Dove, captured by the French,

299 ; owners must ransom, 299-

300. Dove, sloop, engaged in the

French trade, 137, 139; crew

of, to be examined, 144, 146,

147, 171 ; depositions concern- ing the trading voyage of, to

the West Indies, 149-154 ; men- tioned, 167, 174, 210. Fair Trader, sloop, 210. Fox, sloop, 210. Friendship, brigantine, has flag

of truce for French trade, 138;

mentioned, 210. General Johnson, brig, engaged

in illicit trade, 3-4. General Wall, packet, 117. Hester, sloop, 210. Industry, sloop (Henry White,

master), 210. Idustry, sloop (Thew, master),

engaged in the French trade,

161-162, mentioned, 210. Jacob, brigantine, 186. Johnson, snow, engaged in the

French trade, 162. Jove, sloop, 210. Little David, sloop, 210. Mary, schooner, engaged in the

French trade, 138. New York Castle, brigantine,

engaged in the French trade,

162. New York Packet, sloop, 210. Phoenix, brig, engaged in illicit

trade, 3-4. Prussian Hero, Bache signs bond

to land cargo of, at Jamaica,

301. St. Joseph, 3.

St. Michael, schooner, 210. Sally, sloop, engaged in the

French West Indian trade, 139,

178; mentioned, 210. Sally, snow, 210. Sampson, privateer, case of,

referred to the king's attorney

general, 106. Sarah and Mary, engaged in the

French trade, 138.

INDEX

447

Sea Flower, sloop, carried Re-

naud to the Mississippi, 155. Susuannah and Anne, sloop, en- gaged in the French trade, 162. Two Brothers, sloop, carries Acadians to the French West Indies, 318. William and Mary, sloop, 183. York, sloop, 210.

Ships of war: Dublin, sent to Halifax for re- pairs, 51; to convoy trading vessels to the West Indies, 51- 52. Enterprise, 134, 144 ; crew of the

Dove confined on, 147, 173. Greyhound, 14.

King George, cruises between Virginia and Bermuda, 63; captures the Sally, 178. Penzance, cruises off American

coast, 49, 63. Romney, 240, 275, 333. Sardine, 310. Tamer, 21, 22

Shirley, William, letter of, to Cadwallader Colden, 60-61 ; con- gratulates Colden, 60; illness of, 60; asks Colden to secure de- serters, 60-61.

Shoals, John, master of the Sally, 178, 210.

Siberia, 289, 290.

Silvester, Francis, Jr., Amherst nominates, to buy provisions, 136.

Silvester, Thomas, quarter-master, Burton's Reg't., to leave N. Y., 61; to carry Amherst's de- spatches, 61; master of advice boat unwilling to receive, 64.

Simmerel (Simrell), , 156, 181.

Simonton, William, master and owner of the Charming Anne, 210.

Simrell, Mr., see Simmerel.

Singsink, enemy Indians at, 277.

Six Nations, see under Indian Tribes.

Skene, Philip, land granted to, 313; grant of, to be in part of N. Y. which he had settled, 313- 314, 336; carries letter from Amherst to Colden, 321-322; order in council concerning grant to, 335-336; N. Y. Council advises Colden about grants to be made to, 336-337; mentioned, 337.

Sloops, see under Ships.

Smith, John Peterse, prosecuted for harboring a counterfeiter, 242-245.

Smith, Thomas, captain of the New York Castle, delivers a cargo in the French West Indies, 162.

Smith, William, signs proclama- tion of George III, 8; present at meeting of Council, 335, 355; mentioned, 378.

Smith, William, Jr., signs procla- mation of George III, 8.

Smith family, influence of, in Orange Co., 156.

Snows, see under Ships.

Soap, shipped from N. Y., 211.

Society for the Propagation of the Gospel in Foreign Parts, Henry Barclay wishes his land conveyed to, 100; sends missionary to the Mohawks, 100.

Society , 393.

South Carolina, Indian troubles in, 36, 37; Thomas Boone en- ters upon the administration of, 116; mentioned, 14, 59, 61, 112, 290, 291.

South Harbour, L. I., Southold Indians exchange lands at, for Indian Neck land, 355; Indians never settled at, 392.

Southold, L. I.j records of Indian lands of, sent to Colden, 352- 353; proprietors of Indian Neck in, refuse to return land to In- dians of, 353-355; Kempe's opin- ion of Indians claim to land in, 390-393; mentioned, 353, 355, 356, see also Indian Neck.

Southold Indians, see under In- dian Tribes.

Spain, England declares war against, 112-113; colonists should not supply garrison of, at St. Augustine, 133; England exports wheat to, 289; Prince Masseran, ambassador of, complains of depredations committed by English vessels, 330, 331-332, 395; mentioned, 141.

Spaniards, N. Y. merchants plan to help, outfit vessels, 139; English pirates attack, in the West Indies, 330, 331-332.

Spanish coins, N. Y. law against counterfeiting, 243 ; James Campbell indicted for counter- feiting, 244.

448

INDEX

Sparkes, Joseph, Comptroller of the Customs at Jamaica, 4; charges Marshall and Washing- ton with illicit trading, 3 ; makes affidavit against them, 3, 4, and serves notices on them, 4.

Spencer, George, petition of, to Cadwallader Colden, begging to be released from gaol, 89-99; confined in N. Y. gaol on suit for debt, 90, 92, 97; case of, not decided by Supreme Court, 90, 92; desires relief in chancery, 91, 92, 98; distressed condition of, 91, 92, 97, 98; Gov. Monckton refers case of, to Colden, 92; legally discharged from debt in England, 90, 92, 94, 97, 98; mobbed in N. Y. for giving in- formation about illegal trade, 93-94, 97; cases of debt brought against, 94, 96; property of, sold by assignee, Francis Lewis, 95, 96, 97.

Springhill, Flushing, L. I., 318, 319.

Squashcutter, Delaware chief to be delivered to Sir William Johnson, 345.

Stamp tax, House of Commons passes resolution to lay, 338; Colden ordered to list all papers chargeable with, 338-339; men- tioned, 395.

Staten Island, English troops to be encamped on, 56, 57, 65; Col. Grant commanding officer on, 65; mentioned, 71, 73, 76, 78, 80, 82, 84.

Staves, shipped from N. Y., 211.

Stephens (Stevens), Philip, sec- retary, Lords of Admiralty, letter of, to Lord Colville, 334; to Gov. Monckton, 389; men- tioned, 333, 334.

Stevens, John, member of N. J. Council, 288.

Stevens, John, one of Kayaderos- seras patentees, 360, 364.

Stevens, Philip, see Stephens.

Stockbridge, Mass., 157.

Stone Arabia, exposed to enemy incursions, 375.

Stony Point, N. Y., "northwest line" began at, 181, 189.

Storck, Dr., of Vienna, 17.

Stringham, James, 189.

Stuart, Mr., Professor of Mathe- matics, 16.

Stuart, John, letter to, from the Board of Trade, 329; Board of Trade asks advice of, as super- intendent of Indian affairs in the southern district, 329.

Suffolk County, N. Y., 353.

Sugar, illegal trade in French, 3-4, 138; Dove loaded with, at Cape Francois, 150, 153, 154; N. Y. merchants procure in French West Indies, 161, 162, 163, 178; bill for, 221.

Supreme Court of N. Y., justices of, 86; Patrick Flynn to be brought before, 86; appoints counsel for George Spencer, 90; does not decide Spencer's case, 90, 92; has right to relieve Spencer, 92; Spencer's oath can- not be admitted in, 98; master and crew of the Dove to be ex- amined before a judge of, 147; John P. Smith prosecuted be- fore, for harbouring a counter- feiter, 242-245; Daniel Hors- warder recommends James Gra- ham, Jr., to be licensed to prac- tice before, 271-272; suit against Bache in, 301 ; opinions concern- ing extent of appeal from, to the governor in council, 368-371, 381-385; summary of case of Forsey and Cunningham in, 379-380; mentioned, 96, 149, 152.

Survey, of land near Lake George planned, 44; near Lake George stopped because of Indian alarm, 45; Sir William Johnson to ar- range for, of his land, 305, 367; exorbitant fees charged for, 312; made for Philip Skene, 336, and Joseph Walton, 337; of Sir Wil- liam Johnson's land being made, 376, 386, 396, 398.

Susquehanna Indians, see under Indian Tribes.

Susquehanna River, John Lydius made illegal purchase of land on, 175; Connecticut people planning to settle on, 175; In- dians assembling on, 239; In- dians from the Schuylkill wish to return to, 275; enemy In- dians on Tohiccon branch of, 277; Lydius to prove title to lands on, 286 ; Sir William John- son sends parties against the enemy Indians on, 293; Dela- wares driven from, 341; men- tioned, 311.

INDEX

449

Sussex Co., N. J., uneasiness of Indians in, 69; militia of, to be in readiness for defense, 69.

Swartwout, Capt., 192.

Swartwout, Judge, 191.

Tar, shipped from N. Y., 211.

Tatham, John, one of Kayaderos- seras patentees, 360-364.

Tavern at Canojaharie Flats, kept by Eve Pickard, 11, 12.

Temple, John, letters of, to Cad- wallader Colden, 122-123, 261; appointed surveyor general of customs, 9; informed of Lambert Moore's appointment, 30; of- ficials of Mass. and N. H. or- dered to assist, 122; asks Col- den's assistance, 122-123; wishes certificate of his oath of office, 261; mentioned, 9.

Ten Eyck, , warrant for

lieutenancy sent to, 265; mother of refuses to permit his military service, 271.

Terbush, Capt. Isaac, company of, arrives in Albany and is sent on, 53, 54.

Terry, Lieut, of Provincials, wounded in battle with Chero- kees, 54.

Tetard, John Peter, clerk, signs proclamation of George III, 7; mentioned, 139.

Tew (Thew), Teunis, captain of the Industry, engaged in the French trade, 151, 161, 210; de- livers a cargo at Cape Frangois, 162, 212.

Theatre, Mr. Douglass opens suc- cessful, in Charleston, 281-282; roles played by Miss Cheer in, 282.

Thew, Teunis, see Tew, Teunis.

Thody, Capt. Francis, company of, mustered at Albany, 47.

Thody, Col. Michael, enlists re- cruits at N. Y., 46; goes to Al- bany, 50; Amherst asks, to complete N. Y. quota, 160, 177, 185.

Thomas, Sir Edmund, member, Board of Trade, 28, 216.

Thomlinson, Mr., 332.

Thomond, Earl of, 34.

Thompson, James, at Cape Fran- gois, 139.

Thomson, William, master of the Charlotte, 183.

Thurston, militia colonel, Colden orders, to guard the frontiers, 71.

Tice, Mr., of Schenectady, Sir William Johnson recommends, as provincial captain, 293.

Ticonderoga, Guy Johnson pre- fers land near, 286; boundaries of crown lands at, 317.

Timber, right in, near Lake Champlain, reserved to the crown, 317.

Tianoodehowe hill, 361.

Tobacco, cargo of, carried by Spanish sloop, captured by Eng- lish pirate, 331-332.

Tobago, Gen. Monckton sends to take possession of, 145.

Todd, Adam, master of the Beaver, 210.

Tohiccon branch of the Susque- hanna, enemy Indians on, 277.

Tortola, 162.

Townsend, Jacob, an owner of the Industry, 162, 210; orders Capt. Tew to sail to Cape Frangois, 162.

Townshend, Charles, 34, 216.

Trade, Board of, see Board of Trade.

Trade, surveyor general of cus- toms to execute laws of, 9; N. J. has little, 36; N. J. jealous of N. Y.'s flourishing, 36; war ships protect, 49; vessels in army service must obey laws of, 167; acts of, to be enforced, 222-225 ; act passed laying duties on, 300; difficulty of enforcing laws of, 310.

Trade, illegal, two vessels to be seized for engaging in, in sugar, 3-4; Renaud loads vessel for the Mississippi, 59, 62, 64; Con- necticut officials sUspected of engaging in, 66; Gov. Fitch promises to investigate, 66; George Spencer gives informa- tion concerning, 93; provisions sent to St. Augustine, 133; N. Y. merchants supply the enemy with provisions, 136, 137, 139- 140; Colden asked to prohibit, 137, 140, 170; Amherst sends Colden proof of, 137-139, 161- 163, 170; N. Y. merchants plan to aid the enemy in outfitting vessels, 139; account of the voyage of the Dove to the French West Indies, 149-154;

450

INDEX

English vessels at Cape Fran- gois, 151; those engaged in, to be arrested, 158; witnesses con- cerning, to be discharged, 167; punishment of those engaged in, essential, 170; New Yorkers engaged in, go unpunished, 170; Kempe's opinion about the proofs against those concerned in, 171-173, 173; Rieux and Comte implicated in, 209; car- ried on in America to the prejudice of the public revenue, 222-223 ; measures taken to stop, 223-225; war ship accepts bribe to pass English vessel importing Dutch goods from Holland, 334; Halifax asks Colden for account of, 337-338; mentioned, 395.

Trade, Indian, regular troops use- less in protecting, 267; French tried to divert, in furs to be the Mississippi, 268; stopped by war, 278 ; should be regulated, 278, 366, 399; means of regu- lating, 278, 315-317, 350-351; should be forbidden until con- clusion of peace, 311, 315, 350; percentage of profit in, at vari- ous posts, 316; Board of Trade submits plan for regulating, 326-329; Indian superintendents to report on, 328, 365; Indians anxious for, 346, 398-399; a means of keeping peace, 346; Sir William Johnson suggests tax on, 365-366; volume of, 365; resumption of, 395, 398-399.

Treasury, Lords of, the, Colden's letter referred to, 310; answer of, concerning seizures, 314; in- form the Admiralty concerning the bribery of a war ship, 334; mentioned, 395.

Treaty of Utrecht, provisions of, concerning the Acadians, 319- 320.

Trelawny, Sir Harry, 290.

Trespass, action of, brought by Forsey against Cunningham, 380.

Trinite, 331.

Trinity Church, N. Y., steeple of, struck by lightning, 303, 307; description of the lightning rod on, 306.

Troops, N. Y. provincial, Colden to prepare to raise, 2; to be voted and raised, 15, 108-110; billeting money kept from, 22-

23, 72; N. Y. Assembly votes to raise, 24, 25, 129; Colden asked to hasten, 39; term of, should be extended, 41; set out for Albany, 46; sent to Oswego, 46, 51; list of companies of, mustered at Albany, 47, 51, 53; number of, 50; desertion from, 50; portion of, to be continued in winter service, 73, 82-83; Colden gives orders for con- tinuing, 84; officers of, to be paid for enlisting men in the regular army, 124, 129, 131, 165; Colden signs bill for raising, 128-129; Amherst requisitions quota of, for spring campaign, 134-135, 159, 249; to assemble at N. Y., 160; Gov. Fitch refuses to permit the recruit- ing of, in Connecticut, 160- 161; Amherst desires detach- ment of, immediately, 165; Gov. Hardy unwilling for, to be re- cruited in N. J., 166; fear of service of, in the West Indies deters enlistments, 176; detach- ment of, to be sent where neces- sary, rest to be sent to Albany and Oswego, 177; detachment of, incomplete, 177; French prisoners enlisted in, 179; re- fuse to leave Albany before ob- taining their bounties, 187; de- sertion from, 189; to be allowed billeting money for march to Albany, 251; low pay of of- ficers of, 265, 271 ; companies of, at Schoharie and Cherry Valley, 280; N. J. to raise troops in pro- portion to numbers of, 288; fron- tier guards ordered to Minisink road, 291; protect villages of friendly Indians, 294, 305; num- ber of, raised against the In- dians, 309; desertion from, 317; grenadiers and horse troops wish to be established, 351; men- tioned, 279, 293, 295. Troops, provincial, king's arms lost by, 22-23; tardiness of, de- lays Amherst, 39; to secure English conquests in absence of regular troops, 41; officer of, wounded in battle with Chero- kees, 54; behaved well in battle with Cherokees, 55; Colonies ordered to raise, 110, 118, 160; recruiting for regular regiments not to interfere with raising,

INDEX

451

124; to be employed on an im- portant expedition, 134; almost ready for embarkation from N. Y., 160; Halifax suggests good plan for raising, 280; N. J. to raise, in proportion to numbers of, in N. Y., 288. See also Militia.

Troops, Regular, see Army, Regi- ments.

Tudor, John, one of Kayaderos- seras patentees, 360-364.

Turnbull, Lieut. George, related to Colden's family, 76; Colden recommends, to Amherst, 76; Amherst promises to aid, 76, 186.

Turner, Alexander, governor's fees for patent of, 367.

Tuscarora Indians, see under In- dian Tribes.

Twightivee Indians, see under Indian Tribes.

Ulster Co., N. Y., militia of, or- dered to be on guard, 70-71; Thomas Ellis colonel of the 2d militia reg't of, 71; influence of Colden family in, 155-156; Mc- Neal's case to be brought up in, 180; mentioned, 156-291.

University of Edinburgh, Colden's papers to be presented to the library of, 198, 218, 272-273; Samuel Bard studies at, 322-323.

Utrecht, Treaty of, see Treaty of Utrecht.

Van Campen, Col. Sussex Co. Reg't, N. J. militia, 69; reports dissatisfaction among the In- dians, 69.

Van Cortlandt, Augustus, signs proclamation of George III, 8.

Van Dam, Rip, one of Kayaderos- seras patentees. 360-364.

Vanderbergh, Capt. Cornelius, company of, mustered at Al- bany, 47.

Van der Heyden, Lt. Col., Albany Co. militia, Johnson orders, to send militia to Schenectady, 231-232.

Van Home, David, must ransom the Dove, 299.

Van Home, Samuel, an owner of the Antelope, 210.

Van Olinda, Hillitie, interpreter, 360.

Van Schaick, Anthony, owns patent on the Hudson River, 361.

Van Schaick, H., copies Johnson's militia orders, 231-232.

Van Schaick, Jacob, sheriff of Albany, letter of, to Cadwallader Colden, 6; Amherst thanks Colden for writing to, 1; ap- plies to Lord Rollo in vain, 6; complains of officers' resistance to law, 6; illness of, 32.

Van Solen, Mr., of N. Y., trades with the French, 138, 170; brigantine of, has French flag of truce, 138; not punished for illegal trading, 170.

Van Solingen, Gerardus, orders his captain to sail to the West In- dies, 162; ship owner, 210.

Van Swieten, Dr., 16, 17.

Van Veghten, Capt. John, pro- vincial company of, mustered at Albany, 47.

Van Wyck, , 190.

Van Zante, Jacob, owns the In- dustry, 162, and the Charming Betsey, 210; orders Capt. Tew to sail to Cape Francois, 162.

Vaudrile, , master of a vessel

seized by N. Y. authorities, 31; Gov. Boone wishes, to be ex- amined, 31-32; Boone wishes proceedings against, hastened, 43.

Venango, Senecas take English fort at, 226.

Verplank, Gulian, co-patentee with Mme. Brett, 191.

Versailles, Court of, 108, 117.

Virginia, king's orders sent to governor of, 5, 14; Capt. Boyd cruises off capes of, 49; Pen- zance repaired in, 49, 63; armed ship cruising near, 63; Hasenclever to engage in iron mining in N. Y. or, 298-299; In- dian attacks in, 319; mentioned, 49, 290.

Visger, see Visscher.

Visscher (Visger), Nanning Har- mense, one of Kayaderosseras patentees, 360-364; owns land near Nestigione, 361; obtained information about Kayaderos- seras from the Mohawks, 373, 374; land not sold to, with con- sent of Mohawk chiefs, 374.

Vrooman, Isaac, surveyor, 386, 396.

452

INDEX

Waag, Mr., 43.

Waddell, John, an owner of the St. Michael, 210.

Waddell, Robert R., applies to Colden for writ of appeal in case of Forsey vs. Cunningham, 368, 388

Wager, Sir Charles, 290.

Waldrum, Mr., of Half moon, re- fuses to surrender a horse in obedience to Col. Bradstreet's warrant, 164.

Walker, John, master of the sloop York, 210.

Walton, Mr., vessel of, loaded with provisions for St. Augus- tine, 133; an owner of the Little David, 216.

Walton, Jacob, signs proclamation of George III, 8.

Walton, Joseph, officer of Royal Artillery, Colden advised to is- sue letters patent to, for land surveyed for, 337.

Walton, William, signs proclama- tion of George III, 8.

Wamash, Hendrick, a Wappinger Indian, approaches Colden about Fishkill land, 237; mentioned, 245.

Wappinger Indians, see under In- dian Tribes.

War, see French and Indian War; Seven Years' War.

Wardens of the port of N. Y., Capt. Pryce's quarrel with, 167; Jeffery master of, 167.

Warrants, of the Treasury, 9, 30; Colden asked to issue, for im- pressing vessels, 21 ; of survey, 44; for arrest of Patrick Flynn, 85-86; for enlisting men, 129; to buy provisions for the army, 135, 154; Colden issues, for im- pressment of provisions, 142, 143, 144; to summon William Carlisle, 147; to arrest all Frenchmen in N. Y. City, 148- 149; inhabitants near Albany defy Col. Bradstreet's, 164; commissioning lieutenants to raise companies, 265, 271.

War ships, see Ships of war.

Washington, John, master of the Phoenix, engages in illicit sugar trade, 3-4; to be apprehended, 4.

Waters, Capt. Anthony, provincial company of, mustered at Al- bany, 47.

Watts, Mr., forwarded letters to Gov. Wilmot with despatch, 377-378.

Watts, John, signs proclamation of George III, 8; purchases provisions for the army, 143- 144; receives salary and fees for Gov. Monckton, 287, 367-368; opinion of, concerning the Aca- dians, 319; present at a Council meeting, 335.

Watts, Robert, receives Gov. Monckton's money on behalf of John Watts, 368.

Wawayanda Patent, 156.

Wawiloosin, 277.

Weather conditions, expedition against the Cherokees delayed by rain, 36; hurricane harms English fleet, 37. See also Cli- mate.

Weissner, Mr., influence of, in Orange Co., 156.

Welsh, Lieut., men under, mus- tered at Albany, 51.

Welch, Francis, sends flour and bread to St. John's, 187- 188.

Wentworth, Benning, governor of New Hampshire, letters of, to Cadwallader Colden, 22, 85, 342- 343, 351-352; introduces his nephew John Nelson to Colden, 85; orders officials to aid John Temple, 122; asks release of in- habitants of Pownall imprisoned in Albany, 342-343; wishes to submit N. Y.-N.H. controversy to the king, 343, 352; offers bail for the prisoners at Albany, 352; mentioned, 343, 352.

West, Marjery, Delawares sur- rendered, to Sir William John- son, 245.

Westbrook, , threatened by

Indians, 69.

Westchester Co., N. Y., Colden goes to, 40.

West Indies, supplies sent to French fleet in, 139; English successes in, 131-132, 134, 145; N. Y. troops do not wish to be sent to, 176; Amherst knows of no sickness among troops in, 184; English pirates in, 330, 331; mentioned, 3, 51, 140, 153.

West Indies, French, N. Y. mer- chants trade with, 137-139, 161- 163, 178; accounts of the Dove's

INDEX

453

voyage to, 149-154; Acadians wish to go to, 318; French wish to people, 321.

Western Indians, see under In- dian Tribes.

Weygand, J. Albert, signs procla- mation of George III, 7.

Whytt, Dr. Robert, letters of, to Cadwallader Colden, 15-17, 33- 34, 197-198, 217-219; letter to, from Cadwallader Colden, 272- 274; to present Dr. Middleton's cases before the Edinburgh So- ciety, 16; Dr. Haller comments on a book of, 33; answers Hal- ler in an appendix, 34; prints Colden's comments on the sensorium, 34; promises to take care of Colden's Principles, 197- 198, 218; writes about Haller's controversy, 198; to reprint Essay on Vital Motions, 218; Samuel Bard studies under, 323; mentioned, 393.

Whytt, Mrs. Robert, illness of, 197.

Whately, Mr., secretary to the Lords of the Treasury, sends let- ter to the Admiralty about bribery of a war ship, 334; mentioned, 333.

Wheat, England exports surplus of, to Europe, 289; England formerly imported Polish, 289- 290.

Wheelock, Capt. Anthony, 39.

White, Henry, signs proclamation of George III, 8.

White, Henry, master of the In- dustry, 210.

White, Thomas, an owner of the Johnson, 162, and of the Charm- ing Sally, 210.

Whitehall, 2, 9, 25, 28, 35, 75, 84, 105, 107, 108, 112, 216, 217, 222, 236, 308, 321, 324, 329.

Wialoosing Indians, see under Indian Tribes.

Wickham, Mr., acts for proprietors of Evans's Patent, 296.

Wiggons, John, master of the sloop Sea Flower, 155.

Willet, Alice Colden, had lands lying between the new and old "Northwest lines," 156; death of, 174.

Willett, Mrs., supplies vessel for Renaud, 62.

Williamos, Lieut., ordered to assist the N. Y. sheriff, 158; to ex-

amine French papers, 159; gives Amherst papers concerning Frenchmen, 209.

Williams, Charles, signs proclama- tion of George III, 8.

Williams, William, captain of the Johnson, delivers a cargo at Cape Francois, 162-163, 212.

Wilmot, Montagu, letters of, to Cadwallader Colden, 237-238, 377; appointed lieut. gov. of Nova Scotia, 237; orders sent to, concerning the Acadians, 320; complains of delays in post office, 332-333, 377-378; mentioned, 332, 333.

Wilson, Ebenzer, patentee of Minisink Patent, 188; owns a patent on Mohawk River, 361.

Wilson, James, mariner on the Dove, deposition of, concerning the voyage of the Beaver and Dove to the West Indies, 151- 152, 154.

Wine, shipped from N. Y., 149.

Winepress, William, capt. lieut., letter of, to Gen. Jeffrey Am- herst, 163-164; letter to, from Capt. Le Hunte, 164-165; men- tioned, 168, 187.

Witter, Thomas, an owner of the Industry, orders Capt. Tew to sail to Cape Francois, 162.

Wright, Capt. Daniel, provincial company of, mustered at Al- bany, 47.

Wright, James, master of the Antelope, 183, 210.

Writ of Error, 301, 369, 381, 382; Kempe thinks, proper instru- ment to bring case of Cunning- ham and Forsey before Colden, 370-371, 388; an English case of, 378.

Writ of Inhibition or Injunction, discussed relative to Cunning- ham-Forsey case, 388.

Writs, see Appeal, Mandamus, Nolle prosequi.

Wood, Mr., 186.

Wood, Robert, transmits order in council to Colden, 35-36.

Woodall, Mr., acts for proprietors of Evans's Patent, 296.

Woodbridge, Timothy, of Stock- bridge, 157.

Wyandot Indians, see under In- dian Tribes.

454

INDEX

Wyoming, Indians assembling on Susquehanna below, 239; Dela- wares capture Raritan Indian at, 303.

Yates, Capt. Christopher, provin- cial company of, mustered at Al- bany, 47.

York, Duke of, 300.

York, John, deserter from a N. J. company, 128.

York Station, Capt. Kennedy commander of, 333; man of war on, bribed to pass on Eng- lish vessel from Holland, 334.

Yorke, John, member, Board of Trade, 216, 217.

Youngs, Col., of Southold, L. I., 354.