The 64 & 65 Articles which relate to the preservation of Your Majesty's Woods in America
and to the importation of Naval Stores are founded on several Acts of Parliament passed here
for those purposes, and as they have been approved by Your Majesty in the Instructions given
to Benning Wentworth Esq: Your Majesty's Governour of New Hampshire in the year 1741.
We have inserted them instead of the former Instructions on those heads
We have omitted that Article of the former Instructions which directs the Governor to get
a law passed for the punishment of mutiny and desertion which appears to us to be highly
improper as the Act of Parliament passed here for punishing Mutiny & Desertion extends to
the Plantations.
We have also omitted several other Articles of the former Instructions relative to the
regulation and return of able and sutBuient Jurors to the Bounds of Parishes to the removal of
obstructions in the Trade of New York and Albany to the building a fort in the Onondage
County and to the encouragement of the Royal African Company ; the purposes for which
those Instructions were calculated having either been long since carried into execution or the
causes on which they were founded having ceased and determined
Besides the foregoing alterations we have added the Articles NĀ°' 39, 46, 56, 57, 58, 59,
60 & 61.
The 39 Article recites the several encroachments which have of late years been made upon
your Majesty's Authority and Prorogative in this Province with regard to the methods of
raising and disposing of all publick mony for the support of Government as set forth in Our
Representation to the Lords of Your iMajesty's Council dated the 2 of April 1751, and as it
appears to us that the only method of restoring the peace and tranquility of the Province
which has been greatly disturbed by such proceedings and of preventing the like encroachments
for the future must be by having a permanent and fixed Revenue for the support of
Government This Instruction admitts the Governor to use his best endeavours to obtain such
an Establishment
LONDON DOCUMENTS: XXXI. 791
The 46 Article whereby the Governor is forbidden to give liis assent to any Acts for
imposing any duty's on the importation of Negroes from Africa or felons from this Kingdom
and the 67 and 68 relative to the Surveyors General of Your Majesty's Customs in the several
Colonies within their respective districts are to the same effect as those Instructions on the like
subjects which have been approved by your Majesty and given to your Governor of the
Leeward Islands.
Several exorbitant Grants of Lands having been formerly made within that part of Your
Majestys Province which adjoins to New Jersey without any proper condition of cultivation
and upon trifling and inconsiderable Quit Rents by which your Majesty's Revenue has been
injured and the settling and improving the Province greatly obstructed We have inserted the
56 Article directing the Governor to enquire into the state of these Grants, and to take all
lawful methods for vacating them and that your Majesty may be informed of the state of
all grants in General within the said Province and of your revenue of Quit Rents and likewise
to prevent the like evil practice of making exorbitant unconditional Grants of Lands, We have
added the 57, 58, 59, 60 and 61 Articles directing the Governor to enquire into the state of all
grants of lands, and of your Majesty's Revenue of Quit Rents and prescribing regulations for
his further direction in granting of lands, with respect to all which points the former
Instructions were either totally silent or very defective.
In the Instructions relative to the Acts concerning trade and Navigation We have inserted
the titles of many laws which were omitted when the former Instructions where given to M'
Clinton and have added such as have been passed since; We have added the 6 and 7 Articles
and made such alterations for the more effectually preventing frauds in the Plantation Bonds
as are conformable to a Representation of the Commissioners of Your Majestys Customs in the
year 1737.
We have also added the 22 Article containing directions to the said Governor for the more
effectual execution of the Act passed in the 21 year of your Majesty's Reign for encouraging
the making of Indico in the Plantations in America
All which is most humbly submitted
Dunk Halifax
Whitehall Charles Townshend
July 5 .1753 James Oswald
Order in Council respecting the Commission for Sir Danvers Osborne, Baroixet.
[New-York Papers, li., No. 70.]
At the Court at Kensington the IG"" day of July 1753
Pkesent ā The Kings most Excellent Maty in Council
Upon reading this day at the Board a Report from the Lords Commissioners for Trade &
Plantations, together with the draught of a Commission' prepared by the saiil Lords Comm",
for Sir Danvers Osborne Baronet to be Capt" General & Governor in Q,\\k . of His Matys
792 NEW- YORK COLONIAL MANUSCRIPTS.
Province of New York and the Territorys depending tiiereon, in America ā And it appearing
that the said Draught of a Commission is drawn in the usual Form His Majesty was pleased
with the advice of His Privy Council, to approve thereof, and to order as it is hereby ordered,
That the Right Honorable the Earl of Holdernesse one of His Majestys principal Secretarys of
State do cause a Warrant to be prepared for His Majestys Royal Signature, in order to pass a
commission under the Great Seal of Great Britain agreeable to the said draught which is
hereto annexed
A true Copy
W Sharpe
JiC'port of Attorney and Solicitor Generals on Appointment of Chief Justice Delancey.
[ New-Tork Papers, Vol. li., No. 69. ]
Case
M' Clinton, the late Governor of New York, was empowered by Letters Patent under the
Great Seal " to constitute and appoint judges and in cases requisite Commissioners of Oyer
" and Terminer, Justices of the Peace and otiier necessary officers and Ministers in tlie said
" Province for the better Administration of Justice and putting the Laws in Execution
By the SO"" Article of his Instructions he was directed " not to displace any of the Judges,
" Justices, Sheriffs or other Officers or Ministers within the said Province of New York, without
" good & sufficient cause to be signified to the King and to his Commissioners for Trade and
"Plantations; and in order to prevent arbitrary Removals of Judges and justices of the
Peace, he was further directed by the same Instruction not to expect any Limitation of Time
in the Commissions which he should grant with the advice and consent of the Council of the
said Province to persons fit for those employments
Some time after M"' CHntons arrival in his Government he gave a commission under the
Seal of New York to James Delancey Esq''* to be Cheif Justice during his good Behaviour,
which office had before that time been usually held during pleasure
Query Had M'' Clinton any Power to grant such commission during good behaviour,
contrary to what had been practised in former cases?
Query Can the Crown legally revoke the said Commission? if it can what will be the
proper manner of doing it?
To Both Querys We think the Governor should not have granted this in a manner different
from the usage. But as the Power given by the Commission is general We apprehend the
Grant is good in point of Law & can not be revoked without misbehavior
D Ryder
25 July 1753. W Murray
, LONDON DOCUMENTS : XXXI. 793
Lords of Trade to the Earl of Holder nesse.
[ New- York Entries, O. P., 29". ]
To the Right Hou''''^ Earl of Holdernesse One of His Majesty's Principal Secretaries of State.
My Lord
In obedience to his Majesty's commands We have prepared and laid before his Majesty a
Draught of Instructions for Sir Dnnvers Osborn Bar' whom His Majesty has been pleased to
appoint Governor of New York in which we have omitted nothing which appeared to us to be
necessary for his guidance and direction in the execution of his important Commission
entrusted to his care, except only what relates to the encroachments whicli have been made
by the French upon His Majesty's just rights within this Province and more particularly that
at Crown Point, of which matter we did not think it expedient to take any notice in the
General Instructions as it may be considered as an object of the Negotiation now carrying on
between the two Crowns with respect to the disputed Points in America The Nature Strength
and Situation of this Important Post, and the fatal consequences which must inevitably follow
from the French being suffered to remain in possession of it, are so well known to your
Lordships that it is unnecessary for us to trouble Your Lordships with any further observations
upon it But We submit to your LordP whether it may not be advisable when a New Governor
has been appointed by his Majesty for this Province that he should receive some instructions
with respect to a point of so great importance and which so essentially affects His Majesty's
rights and interests and the future peace and security not only of the Province of New York
but also of all His Majesty's other Colonys upon the Continent of America
We are
My Lord
Your Lordships
most obedient and
most humble Servants
Dunk Halifax
Whitehall J. Grenville
Aug: 9. 1753. Andrew Stone
Order in Council on Sir Danvers Osborne^s Instrvctions.
[ New-Tork Papers, li., No. 71. ]
At the Court at Kensington the 10 August 1753.
Present ā The Kings most Excellent Maty in Council
Upon reading this day at the Board a Ileport from the Right Honorable the Lords of the
Committee of Council for Plantation affairs dated the 26"' of last month upon considering
the Draughts of General Instructions as also of those whirh relate to the Acts of Trade and
Vol. \\. lOU
794 NEW- YORK COLOXLIL iLVNUSCRIPTS.
Navigation prepared by the Lords Commrs for Trade and Plantations pursuant to his Majestys
Order in Council of the 6"" of June last, for Sir Danvers Osborne Baronet, Governor of the
Province of New York ā By which Report it appears that in these Draughts of Instructions the
said Lords Commissioners have made some alterations from and Additions to the Instructions
given by His Majesty to the Honble George Clinton Esq'* the late Governor of the said
Province, particularly with regard to the encroachments made of late years by the different
Branches of the Legislature upon His Majestys Prerogative; and the Lords of the Committee
being of opinion, that the same are not only proper but necessary to be made His Majesty
was thereupon pleased, with the advice of His Council to approve of the said Draught of
Instructions together with the additions and alterations made therein and to order as it is
hereby ordered That the Right Honble the Earl of Holdernesse one of His Majestys principal
Secretarys of State do cause the said Draughts of Instructions (which are hereunto annexed
to be prepared for His Majestys Royal Signature
A true Copy
W Sharpe
Haii-I of Holdernesse to the Governors in America.
[ GoTre & Comdra in So America. ( 5, P. O- ) Xo. T-4. ]
Whitehall. 2S. August 17-53.
Sir,
His Miijesty having received Information of the March of a considerable number of Indians
not in alliance with the King, supported by some regular European Troops, intending as it is
apprehended, to commit some hostilities on parts of his Majesty's dominions in America, I
have the King's commands to send you this intelligence, and to direct you to use your utmost
diligence, to learn, how far the same may be well grounded, and to put you upon your guard,
that you may, at all events, be in a condition to resist any hostile attempts that may be made
upon any parts of His Majesty's Dominions within your Government ; and to direct you in the
King's Name, that in case the subjects of any Foreign Prince or State, should presume to make
any incroacliment on the limits of His Maj'^' dominions, or to erect Forts on His Majesty's
Land, or comit any other act of hostility, you are immediately, to represent the injustice of
such proceeding, and to require them forthwith to desist from any such unlawful undertaking;
but if notwithstanding your requisition, they should still persist, you are then to draw forth
the armed Force of the Province, and to use your best endeavours, to repell force by force.
But as it is His Majesty's determination not to be the agressor, I have the King's commands,
most strictly to enjoin you, not to make use of the armed force under your direction, excepting
within the undoubted limits of his Majesty's dominions.
And whereas it may be greatly conducive to His Majesty's service, that all his Provinces in
America should be aiding and assisting each other, in case of any invasion, I have it particularly
in charge from his Majesty, to acquaint you, that it is his Royal will and pleasure, that you
should keep up an exact correspondence with all His Majesty's Governors on the Continent;
and in case you shall be informed by any of them, of any hostile attempts, you are immediately
LONDON DOCUMENTS: XXXI. 795
to asseml)le the j^eneral assembly \vitliin your Government, and lay before tliem, the necessity
of a mutual assistance, and engage them to grant such supplies as the exigency of affairs may
require. ā I have wrote by this conveyance to all his Majesty's Gov" to the same purpose.
I am ettc.
HOT.TIKRNKSSE
Journal of Conrad Wd.ser\'i Visit to the Mohawhs.
"Journal of Conrad Weiser to the Mohocks' Country:
"July 24th, 1753. ā Set out from my House in Heidleberg in Berks County ā arrived
in Pliiladelphia.
" On the twenty-sixth. ā Waited on liis Honour the Governor and received my Instruction.
" 2Sth. ā Set out with the Stage Boat for Bordentown.
" August 1st. ā Arrived in New York early in the Morning, being taken ill sent my Son
Sammy with one Henry Vanden Ham to Flusiiing on Long Island to wait on Governor Clinton
and deliver Governor Hamilton's Letter to him. Governor Clinton being gone to the I'lains,
they left the Letter with his Lady and returned the next Day.
" Aug' 4th. ā Went on Board an Albany Sloop, one Jacob Shanshack Commander.
7th. ā At Five o'clock arrived in Albany ā next Day, in the morning, delivered Governor
Hamilton's Letter to the Mayor, Mr. Sanders, who thought proper to call the Commissioners
of Indian Affairs to meet at four o'clock in the Afternoon, to concert Measures to bring back
the poor Prisoners from Canada belonging to Pennsylvania, taken in January last on the
Waters of Ohio, the said Prisoners having wrote several Letters praying his Assistance for
their Relief, which Letters Mr. Sanders gave me to peruse.
" Accordingly at four o'clock the Commissioners met at the House of one Lottridge, and a
French Indian Squaw was sent for, who had one of the Prisoners, to wit, Jabez Evans, in her
Family, given to her instead of Degarihogon, her Son or Relation, who died two years ago.
" The Indian Woman's Name was Susanna, Wife of one 'Thanyuchta. She being a noted
Woman, and none of the Indians of that Country being in Albany but young Lads, She being
asked how it came that those poor People were taken Prisoners in time of Peace, she made
Answer that some of the Caghnawaga Warriors went to fight the Oyadackuchraono, and
happened to meet some of them at some distance from their Country, accompanied by these
White Men, who when they saw that the Caghnawagas would or had a mind to kill or take
the Oyadackuchraono, they the English made Resistance, and wounded one of their Men with
a Musquet Ball in his Arm, upon which they resolved to take the White People as well as the
Indians, and brought them away to Canada, leaving their Horses and Things upon the Spot;
and when they came to Canada they presented the said Prisoners to the GovernorGeneral, and
told him how things happened, and that the Governor made Answer he would have nothing to
do with those Prisoners, upon which they, the Indians, took them to their Towns, and three
of them were given to an Indian living in Caghnawaga, one to the Indians at Canassategy,
and two were imprisoned at Quebec, for what Reason She did not know.
79G NEW- YORK COLONIAL MANUSCRIPTS.
" The Commissioners told the Woman that they had received several Letters from these
poor Prisoners praying for Relief (this very Woman had brought one from Jabez Evans), and
as they were taken in time of Peace they desired that they might be brought back again ;
That the Commissioners would make reasonable Satisfaction to those that had them in their
Houses and had used them kindly if they would bring them over. The Commissioners sent a
Belt of Wampum (which I did provide) to the Chief Men of Caghnawaga, called Anuchrakechty,
to require his good office for the Release of these Prisoners, which the Woman undertook
faithfully to deliver; she being a very intelligible Woman I desired Mr. Sanders to give her
a Piece of Eight to l)uy some Bread for her Return, which She received very thankfully. I
served the Commissioners as Interpreter, because it was thought fit that my Name should not
be mentioned for fear that the Expectation of the Indians would rise too high; but the Woman
asked me where I lived, because I could talk their Language so well, she wondered tliat I was
never heard of. I told her I lived at Shohary and travelled up and down among the Indians,
and so forth. By Way of Discourse she informed that the Conduct of those Indians that
brougiit the English Prisoners was not approved of at Caghnawaga, and that the Rest of the
Indians were angry at those that took them, and in their Drunkenness would call them old
women and Breakers of the Peace, and that it was a Shame to take People that had not
offended and in time of Peace, that it appeared plain to the Indians that those Prisoners had
done no Harm.
" August 9th. ā Set out from Albany with a Schnechtady Waggon for the Mohock's Country.
" 10th. ā Staid at Schnechtady, it being a rainy day ā met Henry Peters, the Chief of the
INIohocks (he that made so much Noise at New York), in his way to Stockbridge, at the House
of Arrant Stevens the Provincial Interpreter, whom I went to visit and had some Talk with
him about Indian Affairs.
" August 11th. ā Hired a Man and Two Horses to carry me to the Mohock's^Country, where
I arrived the same Day and was kindly received by Col. Johnson.
" 12th. ā Abraham Canusta, another Chief of Canajohary, arrived in his way to Albany.
We went together to the Mohock's Castle to attend the Publick Worship with the Indians. I
met some more of the Chiefs ā gave them an Invitation to come and see me at Col. Johnson's
to have some talk together about the News now stirring abroad every where.
" 13th. ā With a String of Wampum, I delivered my Message to the Chiefs of the Mohocks,
to wit: Seth Degarihogan, Kanadakayon, Konadochary, and Kellian, in the Presence of Col.
Johnson. After about an Hour's time they made answer (Kanadakayon Speaker) that
they were in the same Condition and laboured under the same Difficulties with their Brethren
the English ; that all what they could say was of Hearsay, though from good Authority, and
that they believed it was too true, to wit : that the French passed Oswego with a very numerous
Army of Men well armed and some great Guns, and gave it to understand to the Six Nations
that they intend to take Possession of their Lands at Ohio, which Land they said did belong
to them from old Times, and that they would build Strong Houses at the Carrying Places,
Jonasky a Carrying Place, Attoniat the Middle of the Carrying Place, and at Ohio, where they
take Water, and at Logstown, and so take Possession quite down till they met the French
coming from below, and that they would give Warning once or twice to the English Traders on
Ohio to remove ; if they did it was well, otherwise they would strike them. The same they
would do to the Shawonese to remove or kill them. As to all the Rest of the Indians
they would not meddle with them if they behaved well and sat still; otherwise, if they disputed
LONDON DOCUMENTS : XXXI. 797
the Frencli's Riglit to the Land, and would appear to be offended with what the French was
now a-doing, they the French would make use of their Arms that they made use of from the
Beginning of times, that they still knew how to use them against the Indians as well as in
former times, and feared nothing.
" That upon tliis the Senecas sent a Message to their Brother Col. Johnson to ask how long
they had to live, and what was the Intention of the French. They thought the Coll. must
know, and begged earnestly to be informed how things were. That the Coll. sent three Belts
of Wampum to let them know that it was that what he often had told them, that if they did
not stand upon their Guard and would now suffer the French to take Possession of Ohio or
build Strong Houses any where upon the Six Nations' Land, it would be over with the Six
Nations, and their Union would signify nothing more. That they must now stand up and
shew that they are a People of Note, or lose all, &"ā¢ This Message was to go to Canayichagy,
as well as through the Six Nations, but the Senecas stopped it, and sent their own Message to
let the Canayiahagons know that they must sit still, notwithstandinng the French's Expedition.
" They desired that this my Message might be delivered to the Six Nations at Onondago,
and further Kanadakyon said not.
" Had some Hours' Talk with the before-named Abraham, an old Acquaintance of mine,
and is looked upon to be the most sincere Indian of that Nation. He told me by Way of
Discourse that the Six Nations were afraid of the French, because They the Indians being so
divided and the French Alliance among the Indians so strong, that the Six Nations could not
prevent the French in their Undertakings. That the English had lost Ground among the
Indians in the Time of the last War. That altho' the English their Brethren shou'd supply
them with Araunition and cloathing, they could not resist the French without a numerous
Body of English Men that would and could fight. That the French were now about taking
Possession of Ohio against the Will of the Six Nations, but they could not resist. That he
was well assured that as soon as the French had Possession of Ohio and built Strong Houses
there, they would send their Indian Allies against the Southern Indians in League with the
English; to wit, the Catawbas, Cherokees, Cawidas, &'^'>' to force them the said Indians to sue
for Peace, and to acknowledge Onontio for their Father, and so make himself Master of all
the Indians and their Lands.
" I was told the same by Kanadakayon, another Chief of the Mohocks.
" Coll. Johnson shewed me his Commission and Instruction, which he had from the Governor
of New York under the Broad Seal of that Government. I judged thereby that he did not
want my Company, because he never asked me to go with him, or proceed on my Journey. I
had told him before that I had set out from Philadelphia to go to Onondago by Governor
Hamilton's Order, but as he had such a Commission (having been informed by the Way) I
tiiought my Journey to Onondago would be needless. He said he left it to me, but I perceived
some Coolness in him as to my going; I thought it was best not to proceed any further at tiiis
time, but to return.
" The Coll. has been very kind to me, and entertained me and my Son very handsomely
during my Stay, and was open and free in all Discourses to me, and would have me to change
now and then a Letter with him, and whenever I came to the Mohocks Country to make his
House my Home, and offered to do all the Service to the Province of Pennsylvania and myself
that he possibly could in Indians Affairs.
'ā¢ August 14th. ā Took my Leave of Col. Johnson and arrived in Scluiecktedy.
798 NEW-YOEK COLONIAL MANUSCRIPTS.
" 15tli. ā Arrived in Albany, where I was informed that a Letter from his Excellency
Governor Clinton to me was sent Yesterday to Schnecktedy after me by one Thomas Orman,
who happened to be the same Person that brought me just then to Albany in his Waggon ; he
was called to an account for it immediately, he said that the Letter must be in his Coat Pocket,
which he left at home; lie promised to bring it to Albany the next Day early in the morning;
I told him I would not pay him till he brought the Letter, but he did not bring it, it was
judged that he lost it.
" ISth. ā I left Albany, arrived in New York on the twenty-third in the Night.
" y4th. ā Waited on Edward Holland, one of the Council, to know whether Governor Clinton
was expected in Town. He did not know. I went to wait on Mr. Kennedy for the same