Majesty's Governor was not tyed up from assenting to any law for making provision for
temporary services until he should have obtained a permanent Revenue We have thought it
advisable in the present critical situation of affiiirs in America to alter the Instruction in such
a manner that upon any great and sudden emergency wherein the immediate security and
preservation of tliat province or any of the Neighbouring ones may make an immediate supply
necessary he may be at Liberty to assent to a law for making provision for such Exigency's
although a law for a permanent Revenue should not have been passed.
LONDON DOCUMENTS: XXXII. 949
The 21 Article which contains regulations for the Governors condnct with respect to the
emission of paper bills of credit is in lieu of the Article of the former Instructions by which
his Majestys Governor was restrained from assenting to any law for this purpose witiiout a
clause suspending its execution until his Majesty's pleasure might be known and it having been
represented to us that in case of any great or sudden emergency the most effectual and least
burthensome method of raising supply's would be by issuing bills of Credit, we have thought
it advisable to alter the Instruction so that upon any such great and sudden emergency and
in such case only the Governor may be at liberty to assent to a law for issuing a reasonable
Quantity of such bills of credit provided proper funds be establish'd for calling in & cancelling
them within a limited time and that they be not declared to be legal tenders in payment of any
debts dues or demands whatever.
In the 43 Article which contains regulations for the Gov" Conduct in case of suspension of
any of the patent Officers or their deputy's we have inserted some words to make those
regulations to extend to cases where the deputy may happen to dye which was not provided
for by the former Instruction from whence great inconveniences and disputes had arisen
The 95 and 96 Articles of the former Instructions ascertaining the Quota of men and money
to be sent to New York by the neighbouring Colony's for erecting Forts and in cases of distress
by invasion or otherways having been found entirely ineffectual and the Quota therein
prescribed bearing no proportion to the present circumstances of the Colony's we have entirely
omitted those Articles the purposes of which are fully provided for by the plan of Union of the
Colonies which we have lately humbly laid before his Majesty.
Great Complaints having been lately made by the Five Nations or Cantons of Indians that
settlements had been made upon their hunting grounds contrary to express and solemn treaty's
and engagements heretofore made with them by his Majesty's former Governor of this
Province and that they were dispossessed of their Lands in other places by persons claiming
them under fraudulent purchases and great discontents and uneasiness appearing amongst the
Indians on this account which in the present situation of affairs might be attended with very
fatal cansequences we have thought it for his Majesty's service to insert the 91, 92 & 93
Articles the first of which recites the treaty made with them in the year 1726 and the deed by
wliich they surrendered their hunting grounds to the Crown to be protected and defended for
their use and enjoins the Governor not to grant any lands or suffer any settlements to be made
within the limits mark'd out in that deed the other two enjoin him to enquire into and use his
utmost endeavours to redress the complaints of the Indians with respect to the Lands which
they say have been taken from [them] by fraudulent purchases not to suffer any persons to
purchase lands of the Indians without a licence from him and prescribe the regulations under
which such licenses are to be granted in order to prevent the Indians being defrauded in the
manner they set forth in the many representations they have made to his Majesty's Governors
and others upon this subject.
These may it please your Excellencies are the only essential alterations from the Instructions
given by his Majesty to the late Governor excepting that we have added to this draught
several Instructions which have been given from time to time to the Governors of his Majesty's
other Colonys but which have been omitted in those given to the Governor of New York tho'
equally well adapted to the circumstances of this Province
950 NEW-YORK COLONIAL MANUSCRIPTS.
Ill the draughts of the Instructions for the observance of the Acts of Parliament for the
encouragement and regulation of trade and Navigation we have made no alteration from those
approved of by his Majesty for the late Governor
All which is most humbly submitted
Whitehall _ James Oswald
Ap' 22. 1755. R. Edgcumbe
Lieutenant-Governor De Lancey to the Lords of Trade.
[ New-York Papers, Bundle Kk., &4. ]
4"- April 1755.
Since my last of the 18"" of March, I again called the Assembly together on the 25"' of the
same Month, and acquainted them with the arrival of General Braddock, and the two
Regiments in Virginia, and recommended to them the enabling me to quarter Troops ettc. and
to contribute to a General fund for Articles of a more general Concern, agreable to His Maj'*'*
pleasure signifyed in Sir Thomas Robinson's letter of the 26"' of October. J also laid before
them a Plan of M'' Shirley's for attacking Crown Point, and desired them to make better
provision for supplying Oswego, as your Lord''?' will see by my Message inclosed. The result
of this sliort meeting (for they met on Tuesday and broke up on Saturday) is contained in
Instead of providing for Quarters, they desire I would repair the old and build the new
Barracks for accommodating his Maj''''' Troops; and I could not prevail on them to find bedding
and other necessaries for the Barracks. 2"""^ They declare their readiness to contribute to a
general fund for the service of North America, when the other Colonies shall come into it,
they having already given five thousand pounds towards assisting Virginia. 3'"^ They agree to
M"' Shirley's plan and will bear their proportion if the General approves of its being carried
into execution. All which will appear by the papers inclosed; and they have provided for the
more punctual payment of the Contractors for supplying Oswego. I thought it my duty to
take this opportunity, though by the way of Holland, to acquaint your LordPP' of these
matters â€” I am â€” My Lords.
most obedient and most
James De Lancet.
LONDON DOCUMENTS: XXXII. 951
Secretary Poionall to Attorney -General Murray.
[ New-York Entries, B. P , p. 3. ]
To the Hon''''' WÂ» Murray Esq'^ His Maj"'"' Attorney General.
Sir Charles Hardy, whom His Majesty has been pleased to appoint Governor of New York
being to embark in a few days for His Govern', I am directed by the Lords Commiss''^ for
Trade and plantations to send you the enclosed state of a Case, to desire the favour of your
opinion upon it, as soon as you conveniently can, to the end that Sir Charles Hardy may be
properly instructed thereupon. I am
Your most obedient servant
11 June 1755. John Pownall.
[ New-York Entries, B. P., p. 4. ]
M"" Clinton, the late Gov' 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 other necessary Officers and Ministers in the said
"Province, for the better administration of Justice and putting the Laws in execution" â€”
By the Sg"" 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 and sufficient cause to be signified to the King, and to his Commiss" for Trade and
"plantations" â€” and in order to prevent arbitrary removals of Judges and Justices of the
peace, he was further directed by the same Instruction " not to express 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" â€”
Some time after M"' Clinton's arrival in his Govern', he gave a Commission under the seal of
New York to James De Lancey Esq"'' to be Chief Justice during his good behaviour, wiiich
office had before that time been usually held during pleasure.
Some time after, M' Delancey obtained his Commission of Chief Justice during good
behaviour. His Majesty was pleased to appoint him Lieut' Gov'' of the province of New York ;
in consequence of which, the Administration of the Government of that province, and the
Custody of the public seal thereof, did, upon the Death of Sir Danvers Osborn the late Gov%
devolve upon him.
Was the Commission given by M' Clinton to M' Delancey to be Chief Justice during good
behaviour vacated by M'' Delancey's taking upon him the Administration of the Govern' and
the Custody of the public Seal upon the death of the late Gov''? or has M'' Delancey a right to
return to the exercise of the Office of Chief Justice under the Authority of the said Commission,
when his Administration of Govern', as Lieut' Gov", shall cease upon the arrival of a Gov'
952 NEW- YORK COLONIAL MANUSCRIPTS.
Lords of Trade to Lords Justices.
[ New-Tork Entries, B. P., p. 12. ]
To their Excellencies the Lords Justices.
May it please Your Excellencies.
We have had under our consideration, an Act passed by His Maj'^'' province of New York
in December last, intituled ;
"An Act for submitting the controversy, between the Colonies of New York and New
Jersey, relating to the partition between the said Colonies to the final determination of
His Majesty" â€”
And having been attended by M'' Charles Agent for the Province of New York, and by M'
Paris, Agent for the proprietors of East New Jersey, and heard, what each party had to offer
upon this Act, we beg leave humbly to represent to your Excellencies:
That the controversy between the provinces of New York and New Jersey, concerning the
true boundary line between them, from which this Act takes its rise, has subsisted many years,
and various Acts and proceedings have at different times been had, and done thereupon, with a
view to ascertain this boundary, but without effect. In the year 174S. the Legislature of New
Jersey passed an Act, entitled :
" An Act, for running and ascertaining the line of partition and division betwixt this
province of New Jersey and the province of New York" â€” but it appearing to us, upon a
consideration of this Act after hearing of the parties interested by -their Counsel, that the
proceedings on which it was founded, being not warranted by His Maj""' Authority, it could
not be effectual to the ends proposed by it, and the object of it being to set up an exparte
determination it would be unjust; we did in our representation of the IS"" of July 1753.
humbly lay it before his Maj'J" for his Royal disallowance, humbly offering it as our opinion,
that the only method, by which the matter in dispute could be properly and effectually
decided, would be, a Commission to be issued by His Majesty for that purpose.
It appears from the letters and papers, which we have since received from the Governors of
New York and New Jersey, that great outrages have from time to time been committed on
the frontiers of the Two provinces, to the prejudice of His Maj'^'' service and the disturbance
of the public peace; and although various propositions have been made by persons authorised
on both sides, for determining the controversy, yet, none of them have had effect, nor is there
any room to hope that the parties interested will concur in any effectual measure for deciding
The Act, which we now humbly lay before your Excellencies appears to us to be liable to
several objections ; it is improper as the method of determination which it proposes is unusual
and contrary to the constant practice in cases of the like nature ; questions of disputed
boundary, whereby private property may be affected, having never been determined by the
Crown in the first instance but always by a Commission from His Maj'^, with liberty to all
parties which shall think themselves aggrieved by the Judgement of the Commiss", to appeal
to His Maj''' from their decision. It is also improper, because, altho' the very object of the
Act, is to submit the matter in dispute, as far as private property is concerned, to the
determination of His Maj''', yet, it previously ascertains in some degree the limits of private
LONDON DOCUMENTS: XXXII. 953
Riglit and property, by declaring that certain patentees, therein mentioned sliali not extend
their claim beyond a limit therein described; and if it was not liable to these objections, yet it
would be inettectual, as the proprietors of New Jersey, have not consented to the method of
decision therein proposed. For all which reasons we humbly beg leave, to lay the said Act
before your Excellencies, for your Excellencies disallowance.
We beg leave further to represent to your Excellencies, that it appears to us to be of the
greatest importance to the peace and tranquility of the two provinces, that some certain line
of property and Jurisdiction should be speedily settled between them, which, as we conceive,
can only be done by a Commission to be issued in the same manner and under the same
regulations as that issued in the year 1737. for running the boundary between the provinces
of the Massachusets Bay and New Hampshire, with liberty to either party, who shall think
themselves aggrieved, to appeal to His Majesty in his privy Council. The Agent for the
proprietors of New Jersey declared himself willing to concurr in this measure, and has offered
to give ample security, that the said proprietors shall and will defray one half of the expence
of such a Commission, but the Agent of New York, not being Authorized by his Constituents
has declined entering into such an agreement. We would therefore humbly propose to your
Excellencies, that an Additional Instruction be given to His Maj'^'* Gov"' of New York directing
him to recommend it to the Assembly of that province to make provision for defraying one
half of the expence of obtaining and executing such Commission, as aforesaid, whenever his
Maj"" shall be graciously pleased to issue it.
All which is most humbly submitted.
Whitehall James Oswald
June 12. 17-5-5. Fkan: Fane.
Governor Shirley to Secretary IMini-on.
[8. 1'. O. Covomora' Letters, LXVIII. ]
Boston New England June 20'" 1755
I had the honour to acquaint you in my last that Major General Braddock had inform'd me
by letter from Williamsburg soon after his arrival in America, of the plan of operations he
propos'd this year, viz' the attack of the French Forts upon the Ohio with the two British
regiments, two of the New York Indt^pendent Companies and the Provincial troops of Virginia
Maryland and North Carolina, amounting all of them to about 2400 men, under his own
command ; and the reduction of the French Forts at the Strait of Niagara with the two American
new rais'd regiments, which service he purposed to put under my command. The measures
for removing the French from their incroachnients upon the Isthmus of Nova Scotia and S'
John's River were as I had before acquainted you Sir, concerted, and the expedition against the
French incroachments at Crown point form'd, before the General's arrival. The business of
my own Government ( the General Court being sitting when I received His Excellency's letter)
Vol. Vr. 120
954 NEW- YORK COLONIAL MANUSCRIPTS.
and ill |inrliciilar the disposition & orders relative to the two last mention'd expeditions,
which were requisite to be settled before I left the Province in order to keep all the
preparations going on in my absence, for carrying them into execution in case the General
should approve of them at my interview with him, necessarily detained me from setting out
from Boston untill the 30"" of March. On the twelfth day of April I arrived at the Camp at
Alexandria in Virginia, about 565 miles distance from this place, where I had the honour of
meeting the General and the same day, after consulting with Commodore Keppell and myself.
His Excellency determin'd upon the wiiole plan w*^"" consisted of the before mention'd operations
upon the Ohio, at Niagara, in Nova Scotia, and Crown Point, to be executed as near as might
be about the same time The first partof the plan indeed, was in effect concluded upon, and
several steps taken in it (the whole corps of the British Regiments, except two Companies,
being march'd with their baggage and greatest part of the train of artillery for Winchester in
their way to Wills's Creek) before my arrival. The attempt to remove the French from their
incroachments in Nova Scotia and at Crown Point were, upon my communicating the propos'd
schemes for effecting them, to the General, both intirely approv'd of by him ; and an express
was thereupon sent the same day, with his directions for Colonel Lawrence' immediately to
proceed in the former, according to the place concerted between him and me, without staying
till the regiments in Nova Scotia should be compleated to 1000 men each for which he had
lately received orders. The attempt of the reduction of the French Forts at Niagara with
mine and Sir William Pepperrell's regiments (as His Excellency had propos'd in his letter)
was at tlie same time determin'd upon by him, and in order to secure the important pass there in
the most effectual manner, it was agreed to have some vessells forthwith built to command the
"^^ navigation of the Lake Ontario ; the care of doing which the Commodore hath committed to me.
According to this plan the French will be attack'd almost at the same time in all their
incroachments in North America ; and if it should be successfully executed in every part, it
I seems highly probable tliat all points in dispute there with them may be adjusted this year,
and in case of a sudden rupture between the two Crowns the way pav'd for the reduction of
Canada, whenever it shall be His Majesty's pleasure to order it
After I parted with the General, I found from the deficiency of Sir William Pepperell's
levies, that there was no prospect of his raising more than 600 men by the time, that the
troops destin'd for Niagara must begin their march, and as two of the Companies of his
regiment were order'd to be posted at Oswego upon an expectation that the French would
attack it which will reduce them to 1400 men, and that force would in the general opinion as
well as my own be too weak an one to secure the pass at Niagara ; in my return thro' the
Government of New Jerseys, I apply'd to the Assembly there, which was then sitting to
permit the Regiment of 500 men, which they had lately voted to raise for the expedition
' Brigadier General Charles Lawrence, was a Member of His Majesty's Council in Nova Scotia in 1749, and in 1750, whilst
yet a Major of the 60th or Royal American Regiment, was detached against the French Keiitrals, when he built Fort
Lawrence on the River Misiquas, at tlie head of the bay of Chignecto. On Governor Hopson returning to England, Major
Lawreuce became Administrator of the government, Xovember 1, 1753 ; Lieutenant-Governor, October 21, 1754, and Governor
of the Province July 23, 1756. lie became Colonel of his regiment on 28lh September, 1767, and was appointed Brigadier
General in America on 31st December fallowing. In the next year he assisted at the taking of Louisburgh, and on the 2d of
October, 1758, opened the first session of the first House of Assembly in Nova Scotia. His career was brought to a close on
the 19th of October, 1759, to the deep regret, says Haliburton, of every individual in the Province. The House of Assembly
caused a monument to be erected to his memory in St. Paul's Church, Halifax. It was during Governor Lawrence's
administration that the Acadians, or French Neutrals, were cruelly expelled from their native country, and dispersed
throughout the American Colonies. â€” Ed.
LONDON DOCUMENTS: XXXII. 955
against Crown Point, to join their forces under ni)^ comi},ian(l in the reduction of Niagara, and
prevail'd with tiiem and Gov' Beluher to pass an Act for tiiat purpose, by which means my
troops were augmented to J 900.
As the diversion which must be occasioned to the French Forces in Canada by the attack of
Niagara, must malie a less force suiKcient for the reduction of the French Fort at Crown Point
than was at first determin'd to have been employ'd in it ; before the attempt on Niagara was
projected, I thought this regiment might be spar'd from the service at Crown Point ; and the
General hath since approv'd of this augmentation of the Niagara forces.
It being generally apprehended that the troops under my command would be still too weak
for the service at Niagara, as with that pass the French must lose the only 'practicable
communication they have be[twe]en Canada and the Missisippi (that lying across the Lake
Ontario from thence over the Strait of Niagara to Lake Erie, and over that into the River Ohio
which falls into the Missisippi) & consequently all hopes of establishing themselves in the rich
country behind the Apalachian IMountains, or of maintaining their extensive furr trade there,
without both which Canada can be of but small value to them ; so that it must be expected
they will use their utmost efforts to defend it : this I say. Sir, being the general apprehension,
at my return to Boston, the Assembly of my own Government pass'd a vote enabling me to
employ as many of the troops rais'd within this Province for the service at Crown Point, as I
should think proper in that ag" Niagara; leaving 3700 in the whole for Crown Point, and
provided the men were willing to go with me and the other Governm'^ concern'd consented to
it. Since which I have obtain'd the consent of all the other Governments, but one.
With this reinforcement I shall not have an opportunity of acquainting the General in time
to receive his approbation, before I set out for Niagara. But as 3700 men, in conjunction
with 300 Indians w'"' we have reason to depend upon being engag'd in the expedition ag"
Crown Point, is doubtless a much more adequate force now for the reduction of the French
Fort there, than 5000 the utmost that was proposed before would have been when the whole
strength that is left in Canada would have been muster'd at Crown Point to defend it ag" our
attack ; and are certainly a much more sufficient force for that service than 2400 (the whole of
my troops, if they should be increased with 500 more) will be for gaining anil securing the
pass at Niagara, upon w^"" depends the Southern Dominion now in dispute between us and
the French, which is of infinitely mure value than the Fort at Crown Point; I think there can
be no doubt of his approving it.
In addition to these reinforcements 1 am in hopes of procuring a number of Indians to join
with me at Schenectady and Oswego, which are necessary in the service for scouts, outguards in
marches thro' narrow defiles, and to guard the battoes in their passage thro' the narrow parts
of rivers and creeks, and gaining intelligence ; and as the General could not spare me any part of
his train of artillery, I have, with the peices I have taken from Castle William in this Province,
others which I have borrow'd of Governor I)e Lancey from New York, and some peices of
ordnance which 1 have caused to be cast within my own Government, collected a proper train
for the service.
In my passage back to Boston thro' the several Governments concern'd in the expedition
against Crown Point, I had an opportunity of settling several points among them which retarded
their movements in it; and I hope the troops destin'd for that service will be fitted out in
proper time ; they are most or all of them upon their march for Alb;iny the place of rendezvous,
and many of them arrived there and on the point of proceeding from thence towards
956 NEW- YORK COLONIAL MANUSCRIPTS.
My own regiment began 13 days ago to march in divisions from hence to Providence in
Rhode Island governm' where they were all imbark'd and sail'd five days since w"" a fair wind
for Albany, thro' which tiiey will directly march for Schenectady, without making any iialt ;
and I hope by this time their transports may have enter'd Hudson's River. The New Jersey
regiment arriv'd at Schenectady some days ago, as I have reason to hope all the heavy peices of