These on ench Column are particularized aa to quantitys as qnalitva in the quarterly list of
Trading Vej-sells, ihe transmitting wherof to their Lordships is from the Naval offict-r here consti-
tuted by the Governour, and also such iista duly to thi-ir honors thi- C.>mnii-:-ion.'ra of the Customs
from thHr offices hence, thi^reby may appt-ar that within the queries meutd to me, how seemingly
little the increase or dimiuuilou ditTerenccth respectively.
First to London and Out Ports tlie
latter aeldoin, the enumerated
goods and other merchandze le-
To Ireland: flax seed and Staves
To other pans of Europe drain,
hides, EIke and Dr Skinns, (ix-
horns, Sp: SnuB, Logwood.
Indico, Cocoa nulls &cof toreign
proiluce and Lumber
To Madeira and Azores, Grain,
Beeswax and Staves.
To English districts Nth and Slli
of this Continent and West
Indies, provisions Chocolale
Lumber, European goods with
those species enumerated and
such others as brought here for
Lnslly 10 the Newtral ports as St.
Thomas Caraciia and Suretihalin,
provisions Lumber and horses
%% 1 1.11111 \\ l| 1 3=l| liHlli
"What, is the Trade of lhi8 Province, the number of
ehtping, iheir Tnnjpre, and the number of sea-
furing'men with the respective increase or diminu-
tion within ten years paalV
"Whai, quantity and sorts of British Manufacture do
the inhabitants nnnualy take from hent-e Y
"What, trade bos this province under ytmr Governt
with any Foreicn IManiation or any part of l.urope
besides Great Britain, how is thai Trade carried
on, What commodities do the people under Your
Government send to or receive from Foreign
"What, is the natural produce of the Country staple
commoditiea and manufactures and what value
thereof In Slerliug money may you annually'
128 NEW-YORK COLONIAL MANUSCRIPTS.
Lieutenant-Governor Clarice to the Duhe of Newcastle.
[ New-Tork Papers. (9. P. 0.) No. 9, p. IG.]
New York June 2"-' 1738.
I beg leave to do myself the honor to acquaint Your Grace that, being informed that a
considerable land and naval force vpas arrived at Augustine from Cuba in order to make a
descent on Georgia, I sent for those Masters of vessells who were lately arrived from Augustine
and Carolina, and examined them on oath concerning that affair, copys of whose examinations
I do myself the honor to lay before Your Grace. The Council were of opinion that there was
sufficient cause to embargo Kip and Griffiths sloops, the first was loaden with provision for
Augustine and Griffith careemng in order to take in a loading for the same place, both owned
by on William Walton of this Town, who, as I am informed has supplied that place with
provisions many years by contract â€” He protested against the Custom-house officers for refusing
to clear ships, a copy of which protest I likewise do myself the honor to enclose. I have
besides the restraint laid on those two sloops issued a Procl"" with the advice of the Council,
forbidding all His Maj'>'' subjects in this province to supply Augustine with provision or
ammunition. The obligation on M"' Walton to give security before his sloops be cleared at the
Customhouse that tiiey should not go to Augustine might have not answered the end, but as
I was to act with the advice of the Council, the order was made pursuant to it, yet there being
no sum mentioned wherein he was to be bound, I had it in my power to direct wiiat the
penalty should be. Capt" Walton thought it hard, that his vessells entering and clearing for
Carolina (as they always do for some English port) should be embargo'd, and other vessells
that enter for the same place should be suffered to depart; but I can not think it either hard
or unjust, Walton being the only person in this place whom the Spaniards permit to trade at
Augustine, where he has a Factor who has resided there many years.
In this situation the business continued till the lO"" of May, when Capl" Tucker and one
Coll. Hicks an Assembly man in Carolina who came hither with Tucker for his health being
examined on oath tiie Council were thereupon of opinion that the Spanish expedition against
Georgia was countermanded, in consequence whereof, an order of the Board was sent to the
Collector to clear Griffith and Kip, and a Proclam" was at the same time ordered to issue to
recall the Proclam" above mentioned. â€”
I have with all humility and the warmest gratitude to returne my most humble thanks to
"Your Grace for your goodness to my son, who 1 hope will by all his actions endeavour to obtaia
the continuance of Your Grace's protection, to which I humbly recommend myself â€”
I am with the greatest submission
Your Graces most humble
most obedient and most dutiful serv'
To His Grace the Duke of Newcastle. (signed). G. Clarke.
LONDON DOCUMENTS : XXVI. 129
Lords of Trade to lyieutenant -Governor Clarice.
[ New-York Entries, M. p. 63. ]
To Geo. Clarke Esq'' Lieu' Gov' of New York.
Since our Inst to You of June 22^ 17-37. we have received yours of April 9"" ^^ay 9"" June
17"" October 14'" Nov""' 2S"> Vvh'^ IS'" 1737 and one of the second of June last, together with
which we have also recei\ed the public Papers transmitted us by you.
As to what regards the several Acts, so soon as we have forni'd our judgment on them j'ou
shall hear further from us, but in the mean time we must acquaint you that notwithstanding
your pressing Instances in favour of the Triennial Bill back'd by your son's arguments, who
has frequently attended us on that subject, we can by no means recommend it to his .Majesty
for his approbation, nevertlieless we must desire you to use your utmost endeavours to obtain
a settled Revenue agreable to your Instructions, in which undertaking we hope you will meet
no difficulty but what you will be able to get over.
In compliance with Your Desire of having Your son of the Council, we have Recommended
him to his Majesty, of which We doubt not but he has already given you notice. M'" Paul
Richard has been likewise recommended.
We are glad to hear by yours of June l?'" 1737 of your intention of meeting the Six Nations
from which interview we promise to ourselves no small advantage.
In answer to that part of your letter dated Feb'"'' IS"' 173J which regards the French, we
must acquaint you that we are very much concerned to find they make such great advances
and gain ground so considarably on us but we hope you will be able to prevent them from
doing us any essential prejudice in regard to the Indian trade, especially if you obtain the
Liberty of building the Fort you mention at Tierondequat.
We commend the great readiness you shew'd to assist Carolina in case of necessity, and the
care you took in preventing any Provisions being sent to S' Augustine and doubt not but upon
every occasion you will use the same diligence in order thoroughly to defeat any sinister
Designs of the Spaniards.
We must acquaint you that yours of Dec"" 17"', which you mention in yours of the IS'" of Feb''''
last, never came to hand.
We shall expect the remaining answers to our queries, which you promise in your letter of
the S*" of June last by the first conveniency.
We expect likewise that once in Six Months you regularly send us a list of the Members of
Council taking Notice at the same time of those that are dead or absent, and in regard to the
last that you particularly remark from whom and for how long a time they have obtained a
Licence of Leave, so far as you are able, and so we bid you heartily farewell, and are
Your very loving friends
and humble Serv"
Whitehall Ja. Brudenell
August 9'" 1738 R. Plumer.
Vol. VI. 17
130 NEW- YORK COLONIAL MANUSCRIPTS.
Report against the 2Viennial Act of Neio-Yorlc.
[ New-Tork Entrief, M., p. II.]
To the Kixg's most Excellent Majestt.
May it please Your Majesty
We have had under our consideration an act passed in your Majesty's Province of New York
in December 1737 intituled " An Act for the frequent Elections of Representatives to serve
in Gen' Assembly and for the frequent calling and meeting of the General Assembly so Elected.
We have likewise had the Opinion of M'' Fane one of Your Majesty's Council at Law, and
are of opinion with him that it is an Infringement of Your Majesty's Prerogative by taking
away the undoubted Right which the Crown has always exercised of calling and continuing
the Assembly of this Colony at such times and as long as it was thought necessary for the
publick service, and as no reason has appeared to us to require such an Innovation, we humbly
lay the same before Your Majesty for Your Royal Disapprobation,
I Which is most humbly submitted
August 10"' 1738 Ja. Brudenell
Lieutenant-Governor GlarTce to the Lords of Trade.
[ New- York Papers, Gg., No. 20. ]
New York Sepf 16. 1738
The enclosed Accounts of the Numbers of people and numbers of Militia in this province
compleat my answers to your Lordships queries
My son having signify'd to me your Lordships commands concerning the Bermudas petition
against the tunnage Act past here in the year 1734, 1 have lay'd that matter before the Council
and the Assembly ; as it was an Act passed before I had the honor to have the Administration
of the Government, so soon as they furnish me with their reasons in support of that Act, I
will do myself the honor to lay them before your Lordships.
I do myself the honor to inclose to your Lordships my Speech to the Assembly, what they
will do this year I cant tell, but next year they must give his Majesty such a Revenue, as
former Assemblys have given, or suffer a large sum of their paper money to fall to the ground
for want of a fond to support it; this is a staff which I have now in my hands, and ought by
no other means to part with, than that of their giving such a Revenue as I have askt; and
unless a Governor has now and then some advantage over these people, he will find it difficult
to bring them to reason and their duty
LONDON DOCUMENTS: XXVI. 131
Tlie letter from the Commissioners of Indian affairs (of whicli tlie inclosed is a copy) I
received a few da3's ago and have sent it to the speaker to be laid before the house, desiring
tiiem to enable me to defeat the designs of the french ; for if they possess themselves of the
Wood Creek not far from which tiiey built the strong Fort mentioned in the letter at the
Crown Point about fifteen years ago, they will become Masters of that part of the Country;
And in case of the rupture, obliged all our planters to quit tlieir habitations; and if they
possess themselves of Tierondequat they will intercept all our Western furr trade that centers
now in Oswego, and will by degrees become intire Masters of the whole six Nations ; from
hence your Lordships will perceive that these two posts are of the utmost importance to this,
and every other of his Majestys Colony's in North America; and I presume to think that these
attempts of the french to settle on this side of the Lakes and on any Lands belonging to the
six Nations are no ways warranted by the treaty subsisting between the two Crowns, and I
fear if some effectual method be not taken to obtain orders from the Court of France forbidding
the Governour of Canada to pursue his intentions, the little that this Province will or can do
may be ineffectual tho' my utmost endeavours shall not be wanting I am
with the highest honor and regard
most humble and most ob' Servant
The Right Hon'''' the Lords of Trade Geo: Clarke
Commissioners of Indian Affairs to Lieutenant-Governor Clarhe.
[ New- York Papers, Gg., No. 21. ]
Albany 30 Aug : 1738
May it please your Honor
Since our last of the 25 instant Captain Cornelius Cuyler returned from Canada, who
informed us that he has heard that the french have a design to settle severall familyes on the
Wood Creek about 10 miles from our settlements next spring; that the Governour of Canada
has sent several farmers there among which was Ilber, to view the land last fall and this
summer as far as fort Anne; and that he has heard a report that the land is granted to the
said liber and others, which we believe to be true; which settlements we conceive to be of
very bad consequence to this province in general and to this city and county in particular;
wherefore we earnestly entreat your honor to find out some proper expedient to prevent this
encroachment of the french of Canada for we are perswaded if they be sufl!ered to proceed in
this their intention they will soon erect a fort at the Wood Creek: We hope that more notice
will be taken of what we now mention, than of what we informed about the erecting the
french fort at Crown Point, which is made as strong as any in Europe.
Some of the principal Sachims of the Sinneckes are gone to Quebeck, we fear to make over
Tierondequat to Governour Beauharnois, who no doubt will take the first opportunity next
132 NEW- YORK COLONIAL MANUSCRIPTS.
spring to erect a strong building there, then we are inclosM on all sides, but we are yet in
hopes that the french may be prevented in their designs. We heartily wish that the liniitts
between our Crown and that of france were settled which might prevent their continual
encroachments on us. We are with respect
Your honors most humble Servants
Dirick Ten Brodily
' JoHU DE Petsteb Was grandson of Abrfiliam. Supra, IV., 111. He was born at New-York on the 14lh of January, ]69f,
and moved to Albany, where he married Anne Sclmjler, by whom he had two dauglileis; Anna, the wife of Yolkert P.
Bouw and Rachel, the wife of Tobias Ten Eyck. Depeyxter, Gfr,.. 111. He was Recorder of the city of Albany from 1726
to 1728, and Mayor from 1729 to 1731, and again in 1732. In 1734 he became one of the Commissioners of Indian Affairs;
was snbsequentiv a contractor with the Government to supply Oswego and other outposts with stores, and in 1755 one of the
Commissioners for paying the forces in the expedition in which General Johnson defeated Dieskau. His name appears as a
patentee of lands in Schoharie ; also, in Herkimer county and near Schaghticoke. â€” Ei>.
LONDON DOCUMENTS : XXVI.
â– r- o 'M o
. O Â»0 U3
' â€” in O O c
I I* 00 OT O
> ^ Â»! O O
) O -H â€” C <
rt O t- '-' o
. O o lO o 00 ^ r-
NEW- YORK COLONIAL MANUSCRIPTS.
[Kew-Tork Papers, Gg., No. 28.]
List of the Number of Militia within the Provinceof New Yorii taken Anno 1737.
New York . . . ,
West Chester. ,
Queens Do .
Kiohmond Do ,
Suflfolk Do ,
Ulster Do .
Duchess Do ,
Orange Do .
lAeutenant-Governoi^ Clarhe to the Duke of Newcastle.
[ New-Tork Papers, ( S. P. O., ) No. 9, p. 26. ]
New York Sepf IB"" 1738.
I do myself the honor to send to Your Grace a copy of my letter to the Lords of Trade, with
a copy of a letter therein mentioned to be received by me from the Commissioners of Indian
Affairs ; I forbear to give your Grace a repetition of what I have said to their LordspP' begging
leave to referr to my letter to them, and submitting the subject matter of it to Your Grace's
great and superior wisdom. I beg leave however to remind Your Grace that this is a frontier
Province, which only can restrain the French from making incursions, in case of a rupture, into
all His Maj'5''' provinces to the westward of this, and humbly hope that Your Grace will be
pleased to take us into Your immediate protection and consideration. We have garrisons but
without an ounce of powder, and very few other warlike stores, without a carriage fit for
service to mount any of our guns upon, nor have we had any stores sent us this seven and
twenty years, too long a time for powder to remain good, had the necessary care been taken
to preserve it. but for want of that care great quantitys have been trodden under foot.
I do myself the honour, to send to Your Grace my speech to the Assembly, wherein I have
told them the state of a large sum of their paper money. If they do not give to His Maj'^ such
a Revenue, and for as long a time as former Assemblys have given it. This is an advantage I
have over them at present, which I think I ought by no manner to part with, and I humbly
presume to hope for Your Grace's protection therein â€” I am with the highest honour and most
profound submission My Lord
most humble, most obedient, and
most dutiful servant
His Grace the Duke of Newcastle (signed) G Clarke.
LONDON DOCUMENTS: XXVI. 135
Lieutenant-Governor Clarke to the Lords of Trade.
[New-Tork Papers, Gg., No. 24.]
New York Oct' 22. 1738
I do myself tlie honor to acquaint your Lordships that on the 20 of tliis month I dissolved
the Assembly after they had very fruitlesly set about seven weeks my reasons for so doing
your Lordships will see in the inclosed papers to which I beg leave to refer, that I may not
give you a double trouble; and I presume to hope your Lordships will think I could do no less
I acquainted them at first with the petition of the Bermudians against the tunnage Act past
in 1734. desiring them as it was passed before my time, and as it was a matter of general
concernment to the province, to furnish me with reasons to be lay'd before your Lordsiiips in
support of it, But I do not find that they gave themselves one thought about it, and I presume
your Lordships will not e.xpect that I should attempt to give any after I have recommended it
to them, they suppose as I have been told, that your Lordships will let the Act lye as it is till
you have their reasons, I cannot suppose that they intended by it to strengthen my hands,
when I insist upon a revenue for a term of years ; and yet if the bill be rejected it will have
that effect, for both the money struck on that bill as well as that on the excise Bill will be
without a fond to subsist on to sink it, and next year they must return to their senses or
involve their country in misery ; for it must I think, be expected that 1 should part with the
advantages I have by this means over them on any other condition than that of their giving a
revenue for a term of years : I humbly hope for your LordP' countenance herein and beg leave
to subscribe myself with the highest honor
most humble and most ob' Serv'
The R' Hon''" The Lords of Trade. Geo : Clarke
Lieutenant- Governor Clarice to the Lords of Trade.
[ New-York Papers, Gg., No. 25. ]
New York Nov : the 21. 1738
Your Lordships letter of the 19 of August which I have the honor to receive gives me a fresh
occasion of acknowledging the obligations I am under to you and in a very particular manner
that of recommending my son to his Majesty to be one of the Council for this province
hoping that his behaviour will be such as may recommend him to the continuance of your
1 was sensible when I wrote to your Lordships about the trienial Bill that there was no
great probability of its passing at home and what I wrote was purely on the pressing instances
of the Assembly
Although my interview with the Six nations had not the effect I hoped for in their giving
us some land to build a fort on at Tierondequat yet in other things 1 succeeded pretty well for
136 NEW-YORK COLONIAL MANUSCRIPTS.
I got them not to permit the French to erect a trading house there nor sufTer them to take any
other footing among them and to give what encouragement they can to tlie remote Nations of
Indians to bring their beaver to Oswego.
I am equally sensible and thankful for the honor that your Lordships to me in approving of
my conduct in the affair of Carolina and S' Augnstin and your Lordships may be assured I
will upon every occasion exert myself for his Majesty's Service. I do myself the honor
herewith to send your Lordships the minutes of Council and the votes of tlie Assembly during
their last sitting I was obliged to disolve them for their insolent attempts and his Majesty's
authority I intend to call another Assembly to sitt in the Spring who I hope will come together
with better dispositions and a truer sense of their Countries wants and interest but however
they are disposed, T will keep the Excice Act in my power for if they are not easily to be
managed by tliat advantage which I have over them without it they would be ungovernable.
The tonnage Act of the year 1734 against which the Bermudians petition'd your Lordships
being past before I had the Governm' it was thought proper that I should pass that matter
before tiie Council and Assembly as I did at the first meeting that they might furnish me with
reasons in support of it, but your Lordships will perceive by the enclosed votes how little
notice they have taken of it I think I have done my duty what ever they have done and I
presume your Lordships will not expect after this that I should take upon me to answer for
the country whom it most concerns and to whom it most properly belongs to speak in its
defence and who possibly may not well like what I might say in its behalf I humbly recommend
myself to your Lordships protection and am with the highest honor and regard
most humble and most
The R' Hon"'' the Lords of Trade. Geo: Clarke
Veto of tJie Triennial Act of JSfeiv -Yorh
[New-Tork Papers, Gg., No. 2S.]
At the Court of S' James's the 30 November 1738
Present â€” The Kings most Excellent Majesty in Council
[Archbishop of Canterbury, Earl of Albercorne
Lord Chancellor, Earl of Silkirk
Lord President, Lord Harvey
Duke of Montague, Lord Harrington
Earl of Pembroke, M' Speaker
Earl of Grantham Sir Paul Methuen
Earl of Cholmondley Horatio Walpole Esq:]
Whereas by Commission under the great Seale of Great Britain the Governour Council and
Assembly of his Majesty's Province of New York are Authorized and Empower'd to make
LONDON DOCUMENTS : XXVI. 137
Constitute and Ordain Laws Statutes and Ordinances for the Publicly pence Welfare and Good
Government of the said Province Which iavps Statutes and Ordinances are to be as near as
Conveniently may be Agreable to the Laws and Statutes of tliis Kingdom and to be
transmitted for His Majesty's Royal Approbation or Dissaliowance And Wiiereas in pursuance
of the said powers An Act was past in tiie said Province in December 1737 Eiitituled
"An Act for the frequent Election of Representatives to serve in General Assembly
" and for the frequent calling and meeting of the General Assembly so Elected
Which Act together with a representation from the Lords Commissioners for Trade and
Plantations proposing the repeal thereof having been referred to the Consideration of a
Committee of the Lords of his Majestys most Honourable Privy Council for Plantation
Affairs the said Lords of the Committee did this day report to his Majesty as their opinion
that the said Act ought to be Repealed. His Majesty taking the same into his Royal
consideration was pleased with the Advice of his Privy Council to declare his Dissaliowance of
the said Act and pursuant to his Majestys Royal pleasure thereon Exprest the said Act is
hereby Repealed Declared Void and of none ett'ect. Whereof the Governour or Commander
in Chief of his Hajesty's Province of New York for the time being and all others whom it
may concern are to take Notice and Govern themselves accordingly
Lords of Trade to Lieutenant-Governor CJarhe.
[ New-York Entries, M., p. 79. ]
To George Clarke Esq""
Having lately received a letter from the Lieu' Governor of Virginia^ giving us an account
of the endeavours that he has used to settle a good understanding between the Indians under
the Government of New York, commonly called the five Nations, & the Cherokee & Catabavv
Indians lying on the back of Carolina and Georgia and complaining that after by your assistance
the time and place of Treaty iiad been appointed, and a Cessation agreed to between them, the