& the Tribe of Moheagan Indians, it was my lot to be one of the Commiss" that attended the



LONDON DOCUMENTS: XXVII. 257

execution of it the last year; I could almost have wislit, it had not fallen to my share, as a
foretaste had been given me upon the last Commission of the great Trouble & Difficultys
which would be the necessary attendants upon the occasion; And after Seven Weeks hard
labour at the place adjourned to from the opening of the Commission, We have in my opinion
at length effected this service only, Tbe bringing the Partys to make a defence, whereby
materials are furnished for more competent Judges, to deliberate & determine upon.

I must acknowledge, my Lords, I had not such quick penetration as to form any more than
a general opinion upon the merits, merely from the pleadings, & arguments of the Council at
the Bar; the proceedings being long and tedious, consisting of a great variety of facts &
transactions, disguised (as your Lordships will perceive) with great artifice, & incumbered with
much superfluous matter, so as to swell up a volume to a considerable bulk ; it could not but
be a work of time to seperate the wheat from the chaff, & extricate the merits from that maze
of obscurity, in which it has been so industriously involv'd,

As I tiiought it my duty to deliver my sentiments, however mean, upon the merits, when I
should have had sufficient time, maturely to weigh & consider the case, & satisfy my own
conscience in the matter, therefore I reserved the opportunity of so doing, at the time the
three Commissioners, (who were the majority) delivered their opinion in Court, upon which
the Judgment was founded, at the same time declaring a dissent to it, as to some fundamental
points in the case, upon which I conceiv'd the merits must necessarily hinge ; And having
accordingly prepared myself, (as my leisure, & the multiplicity of the matter would admit of)
to deliver my opinion on the Facts down to the year 1692 inclusive, I offered it in Court at
the last sitting of the Commiss"; but it happening to contain some things displeasing to the
Colony Agents, they opposed it's being entered in the Minutes of proceedings, according to
the Liberty reserved, & a Majority of the Commissioners themselves overruled me; which
conduct, however extraordinary, turn'd out as an indulgence, as it left me at large, not only to
revise & reduce to a narrower compass, what I had then delivered, but also of going inlirely
through the case. And, my Lords, I must own my concern to see such cogent reasons, for
differing intirely in opinion from the three Commissioners who gave the Judgment.

As to M'' Morris & my joining in signing the Judgment with the three Commiss" upon
whose opinion the Jndgm' went, nothing more was, or ( as I conceive) can be judg'd to have
been meant by us than to signify 'twas the Judgment of the Court, That is, of a Majority of
the Commissioners, which is always esteemed the Judgment of the Court, Our Dissents to
some principal points contained in their opinion, having been previously declared in Court, &
entered in the Minutes accordingly ; though perhaps had that matter been more maturely
considered, at a time of less hurry, we should not have sign'd it. However, my Lords, I
thought 'twas proper this matter should be explain'd, in case much ado sho'' be made about
that, which it does plainly appear by the minutes of proceedings we meant so litle by. For
the Judgments in either Bench are tested by the Chief Judge, as the Judgments of the Court
though the cases be ruled against their opinions.

As to the Deed 40, on which great stress has been laid, (in my opinion upon the slenderest
foundation) the Agents for the Governm' after hearing my remarks about it, declared they
would send it home, & lay it before your Lordships to speak for itself, & have since brought it
down to this place, & under that shew have got it certifyed as an Exhibit by two other
Commiss" with myself, which I have too sufficient reason to esteem no more than a Feint as
Vol. VL 33



258 NEW- YORK COLONIAL MANUSCRIPTS.

I express'd myself to one of the Agents at the time of my certifying it; For I would it were
before your Lordships, its own Language upon the view of it I should have esteem'd significant
enough to have superceded the necessity of my observations to justify my opinion of it, & I
should gladly have spared your Lordsiiips the trouble of them.

As to the two Indian marks for Uncas & Poxon, to the Copy of what is called the Original
Deed 40 in your Lordships Book of the proceedings pa. 234, & to that of Secretary Kimberly's
certifyed Copy page 243, they were made by myself, from the best Copy I could make from
the Originals, after several Essays, they are similar to them, but not near so good as the
Originals, I chose to make them myself, because I found the Clarkes in copying the proceedings
had not followed the rule prescribed, as to them, nor the other Indian marks, especially as to
Uncas's, to make them as similar as they could. For some are done at random without
any imitation.

I have told M"' Smith one of the Council for the Gov'' & Company, that he may have copys
of my opinion, for his Clyents, paying for the Clarkship of them, that they may be left without
excuse for delay at home. And I have told the same person I should acquaint your
Lordships of the Offer I've made them, and likewise of the Declarations of their intentions of
sending home the original Deed 40, And if they do not lay it before your Lordships, then my
suspicions of their sincerity in that particular will prove to be well founded.

When M"' Lane, M' Cortlandt & myself had finished the Examination of three copys of the
Book of the Proceedings, the begining of March last, we sent one of them by way of Boston
a few days afterwards to be transmitted to your Lordships by the first Vessell bound thence for
London, & one of the Agents for the Gov' and Company had one delivered him, & M'' Samuel
Mason another a few days afterwards ; But this is the first opportunity I have had of conveying
my sentiments upon the case, since I had finished my opinion upon the whole.

My Intention in my first Draught, was to set the matter in the clearest view it should appear
to me in ; and to that purpose, to abstract the most material parts of several of the Instruments
making notes of reference to the pages of the Book of proceedings where copys of the
Instruments are to be found, which naturally drew me out to so great a length, as upon
reflection I thought wo'' be too tedious for your Lordships perusal ; And lor that purpose I
resolv'd to set about reducing it to as narrow a compass as possible considering the multiplicity
of matter to be observed upon; And after all this did not answer my design, but upon further
consideration, I tho' proper to trouble your Lordships with both, as some new observations
occurred to me on drawing out the 2'^ and it may be both may be of some use to the Council
concerned in the cause.

My Lords, the Task has been very ungrateful as well as laborious, but if my endeavours can
be thought to have contributed any thing towards setting the case in its genuine and proper
Light, so as Justice may be done in it, I shall esteem my Trouble therein sufficiently recompensed.
I am

My Lords

Your Lordships

most obedient & most hble Serv'

Dan. Hobsmanden.

To The R' Hon"'''^ The Lords Commiss" for Trade &c.



LONDON DOCUMENTS : XXVII. 259

Governor CUiiion to tlie DuJce of JVeivca-Hle.

[New-Tork Papers. (S. P. O.) No. 9, p. 202.]

My Lord

I have the honour of your Graces letter of the 31" March, with his Maj'>'« Declaration of
war against the Frencli King, as also his declaration for the encouragement of His ships of war
and privateers, togetlier with a copy of the French Kings declaration, which overtook me at
Soapus in my way to Albany, where I proclaimed His Maj'>'' declarations at the liead of a
militia Regiment I was then reviewing, and upon my arrival at Albany, I made the lilie
proclamation, as also in the Fort and Town Hall of this City, and caused the same to be done
in the respective Towns and Countys of this province.

I beg leave to acquaint your Grace that I have had an interview with the Five nations of
Indians, and have renew'd a treaty of peace and alliance with them. In my speech I
remonstrated to them the base conduct of the French Court, and how necessary it was on their
parts to guard against the false insinuations and designs of that Crown, and strongly incouraged
them to be faithful and steady in our cause, with assurances to pr.otect them against tiie assaults
of their Enemys, and shall refer Your Grace more particularly thereto, as also to their answer
which I have inclosed.

There met me upon this occasion Commiss"^ from the Govern'^ of the Massachusets Bay and
Conecticut to treat with those Indians, by my permission, in behalf of their Governments, to
which I consented. The Gentlemen from Massachusets Bay had also a Commission to treat
with me in conjunction with the Province of New Hampshire, and colonies of Connecticut and
Rhode Island upon measures for sending a proper number of forces into Canada to distress
the French in their Settlements, and to act jointly in concert with them for His Maj'^* service,
in all respects against the common Enemy. To this I could give no other answer, but that I
would recommend it to the Assembly, when they niett, and for my own part, I should be ready
to contribute every thing in my power for that end, which commissions and proposals I have
inclosed for Your Grace's perusal. —

Soon after my return from Albany, I called together the Assembly, and in my speech (which
I have inclosed). Your Grace may please to observe, that I have recommended to them in a
particular manner, to provide for the safety of this province, and among other things that they
would make provision for my appointing Commiss"'* to treat with the neighbouring Govern'^ for
the necessary purposes before mentioned.

I have also inclosed several messages I sent to them, and their addresses to me, during their
sitting, whereby Your Grace will see, how backward they are in their deliberations, and that
it is with the utmost difficulty to bring them to any tolerable resolution for the service of
the publick, notwithstanding their safety and fortunes are concerned, being under strong
apprehensions daily that our Frontiers will be attacked by the French, who are equally busy
in their designs against us by sea, iiaving accounts lately of the arrival of four of their large
ships of war at Cape Bretagne, and if they should not attempt any thing this winter, it may
be reasonably thought, they will in the spring, as we have no Men of war to guard our coasts.

The Council on this occasion has not been wanting to shew their zeal for His Maj'^' service,
and have readily concurred with me in every step to induce the Assembly to tlie like conduct,
who from the nature of their proceedings, seem averse to Govern' and have endeavoured to
incroach upon His Maj'>' prerogative by the nomination of officers inserted in their mony



2G0 NEW- YORK COLONIAL MANUSCRIPTS.

Bills for support of Govern", wiiich the Council have not power to alter, and it was with a good
deal of difficulty before they were prevailed upon to give up that point. —

Whatever may flow from the Assembly's want of attention to the business of consequence
at this conjuncture, must be justly imputed to them, being satisfied, that I have taken every
method to incourage this province in their Loyalty to His Majesty, and not only to provide for
the safety of His Dominions in these parts, but also to distress and anoy the French in their
settlements, Trade and commerce pursuant to your Grace's directions —

The Officers of the Customs belonging to this port, have made application to the Judge of
the Admiralty for his assistance in the recovering of duty's, claimed upon prizes that have or
should be brouglit in here by His Maj'J'* ships of war or privateers, to which he answer'd, that
he conceived none were due, and upon a hearing by Council, Judgment was given in favour of
the subject.

Commodore Warren was the first who brought in a French prize, since the commencement
of the war, he refused to pay any duty for the same, and says the like was not demanded in
the West Indies where he has sent many prizes.

The Merchants of this City has been extreamly active in fitting out privateers, at a very
great expence, and have brought in several prizes consisting chiefly of sugars, which from the
nature of the duty claimed, would anticipate most of their gains. — I must therefore beg leave
to move Your Grace, that you'll be pleased to interpose (in behalf of this city) with the
Commiss''^ of the Customs to drop their pretentions to said dutys which will greatly incourage
His Maj'J^" subjects, to annoy the Enemy — I am with the highest esteem My Lord — Your
Grace's most obedient and most humble servant —

New York (signed) G. Clinton.

9"' October 1744.

His Grace the Duke of Newcastle ettc ettc ettc



Governor Clinton to the Lords of Trade.

[New-Tork Bnndle, Gg., p. 108.]

My Lords

I have had the honour of His Grace the Duke of Newcastles letter of 31 March, with His
Majesty's Declaration of War against the French King, as also His Declaration for the
encouragement of His !\Iajesty's ships of War & Privateers, together with a Copy of the French
King's Declaration, which overtook me at Soapus in my way to Albany, where I proclaimed
His Majesty's Declarations at tiie head of a Militia Regiment I was then reviewing and upon
my arrival at Albany, 1 made the like Proclamation, as also in the Fort & Town Hall of this
Cit)', and caused the same to be done in the respective Towns & Countys of this Province.

I am now to acquaint your Lordships, that I have had an Interview with the five Nations
of Indians, and have renewed a Treaty of Peace and Alliance with them; and in my speech I
remonstrated to them the base conduct of the French Court, and how necessary it was on
their parts to guard against the false insinuations and designs of that Crown ; and strongly



LONDON DOCUMENTS : XXVII. 261

encouraged them to be faitlifull and steady in our cause, with assurances to protect them
against the assaults of their Enemys, and shall refer your Lordsps more particularly thereto,
as also to their answer which 1 have inclosed.

There mett me, upon this occasion, Commissioners from the Governments of the Massachusets
Bay & Connecticut to treat with those Indians, by my permission, in behalf of their
Governments, to which I consented. The Gentlemen from Massachusets Bay had also a
commission to treat witii me in conjunction with the Province of New Hampshire & Colonys
of Connecticut & Rhode Island, upon measures of sending a proper number of Forces into
Canada, to distress the French in their settlements; and to act jointly in concert with them
for His Majesty's service in all respects against the Common Enemy. To this I cou'd give no
other answer; but that I wou'd recommend it to the Assembly, when they mett; and for my
own part I shou'd be ready to contribute every thing in my power for that end ; which
Commissions and Proposals I have inclosed for your Lordships perusal.

Soon after my return from Albany, 1 called together the Assembly, and in my Speech (which
1 have inclosed) your Lordships may observe that I have recommended to them, in a particular
manner to provide for the safety of this Province, and among other things, that they wou'd
make provision for my appointing Commissioners to treat with the neighbouring Governments
for the necessary purposes before mentioned.

I have also inclosed the Votes & Proceedings during their sitting, whereby your Lordships
will see how backward they are in their deliberations, and that it is with the utmost difficulty
to bring them to any tolerable resolution for the service of the Public, notwitlistandfhg their
safety & fortunes are concerned, being daily under strong apprehensions, that our Frontiers
will be attacked by the French, who are equally busy in their designs ag' us by sea; having
accounts lately of the arrival of four of their large ships of War at Cape Britain ; and if they
shou'd not attempt any thing this winter, it may be reasonably thought, they will in the Spring,
as we have no Men of War to guard our coasts.

The Council on this occasion has not been wanting to shew their zeal for His Majesty's
service, and have readily concurred with nie in every step to induce the Assembly to the like
conduct, who from the nature of their proceedings, seem averse to Government, and have
endeavour'd to encroach upon his Majesty's Prerogative by the nomination of Officers inserted in
their mony bill for support of Government, which the Council have not power to alter; and it
was with a good deal of difficulty before they were prevailed upon to give up that point.

Whatever may flow from the Assembly's want of attention to the business of Consequence
at this conjuncture, must be justly imputed to them, being satisfied that I have taken every
method to encourage this Province, in their loyalty to His Majesty ; and not only to provide
for the safety of His Dominions in these parts; but also to distress the French in their
settlements, trade and commerce, pursuant to His Grace the Duke of Newcastle's Directions.

I am also to acquaint your Lordships that since I had the honour of writing to you, there
has happened a vacancy in the Council by the death of M"' Lane ; and as I believe (for the
reasons I have given of M'' Clarke's refusing to be a Member) M'' Rensalaer is appointed in his
room, I must desire tiiat M' Stephen Bayard (a Gentleman of like probity and fortune with
those I have recommended to your Lordships) may be appointed in the room of AP Lane. It
is a matter new to me, why my Recommendation shou'd be postponed in favour of M'
Rensalaer, and that M"' Clarke shou'd be considered by you, as if I had not represented his



2G2 NEW-YORK COLONIAL MANUSCRIPTS.

conduct in a just light. 1 am conscious I liave siiewed him all tiie respect due to him, ami it
is no addition to his character not to continue in Council upon my coming hither.

The Officers of the Customs, belonging to this Port have made application to the Judge of
the Admiralty for his assistance in the recovering of Dutys claimed upon prizes, that have or
sho'd be bro* in here by His Majesty's ships of War or Privateers, to which he answered, that
he conceived none were due, and upon a hearing by Council, Judgement was given in favour
of the Subject.

Commodore Warren was the first who brought in a French Prize since the commencement
of the War, he refused to pay any Dutys for tlie same, and says the like was not demanded
in the West Indies, where he has sent many prizes.

The Merchants of this City has been extreamiy alert in fitting out Privateers, at a very great
expence, and have brought in several prizes, consisting chiefly of sugars, which, from the nature
of the Duty claimed, wou'd anticipate most of their gains.

I must therefore beg leave to move your Lordships to interpose (in behalf of this City) with
the Commissioners of the Customs to drop their pretensions to said Dutys, which will greatly
encourage His Majesty's subjects to annoy the Enemy. I am with great respect

My Lords

Your Lordships most Obedient

New York and most humble servant

9"' October 1744 G. Clinton

P. S.

Not having time now to send your Lordships the Acts & Minutes of Council I shall inclose
them by another ship that sails in a fortnight.

The R' Hon""^ the Lords of Trade & Plantations



Conference leticeen Governor Clinton and the Indians.

[ New- York Bundle, Gg., p. 109, 110. ]

[ Propositions made to the Six Nations of Indians. Viz' the Mohawks, Oneydes,
Onondagas Tuskaroroes Cayeuges and Sennekes By His Excellency the
Hon^'" George Clinton, Capt" General and Governour in chief of the
Province of New York at the City Hall in Albany the IS"" June 1744.

Present — Phillip Livingston \

James De Lancey { „ p, ■ ,, • • ^ .,

T^ . I TT J ) ii.snrs 01 his Maiesties Council.

Daniel Horsmanden 1 ' •'

Joseph Murray /

Tile Commissioners of Indian Afl!airs &ca.]
Brethren,

This Interview gives me the greatest pleasure as I am persuaded we meet with equal
sincerity, in order to renew, strengthen and brighten the Covenant Chain, that has so long
tyed you and the subjects of His Majesty the Great King of Great Britain, your Father and my



LONDON DOCUMENTS : XXVII. 263

Master in mutual Tyes of Friendship and benevolence, which I hope will be inviolably
preserved and continu'd as long as the Sun and Moon enduretii.

I have express orders from the Great King Your Father to do my utmost endeavour that it
shou'd be kept bright & strong even unto the world's end ; and I do now assure you on my
part, and in behalf of all His Majesty's subjects upon this Continent of North America, that we
will on our parts for ever keep it sacred and free from rust, and I expect the same from you.

[A Belt.]

The Great King of Great Britain my Master and your Father, in pursuance of his
engagements by Treatys having the last year sent an Army into Germany in maintenance of
his Allies, for the preservation of the libertys of Europe, His Majesty's Forces were
treacherously and contrary to the faith of Treatys attack'd by the French, who by the
courage & vigour of our Great King & his Army, were beaten, and obliged to retire cross a
River, in which many of the Enemy were drown'd, and those who escaped destruction iled
into their own country.

That afterwards the French joined their Fleet with that of His Majesty's Enemys, the
Spaniards, in order to attack part of his [Maties] Fleet, and our ships beat them in conjunction ;
but not content with this, to shew his malice. The French King declared war against our King,
and his Majesty has declared war ag' the French, which was published at Albany the IS""
instant. I wou'd have sent a Messenger to your several Castles to acquaint you of this, had
you not been on your journey so near to this place.

I do earnestly recommend to you to be on your guard against the French, who you know by
wofull experience to be a false & treacherous People ; and that you stay at home, to watch
their motions, there, to receive my directions concerning the war, and to transmit such
Intelligence as you shall gett concerning the Enemy, from time to time, to the Commissioners
of Indian affairs.

I promise in the name of the Great King our Father to defend you ag' any assaults or attacks
from the French, to the utmost of my power, and there are Commissioners now here from two
of the neighbouring Governm'*, the Province of the Massachusets Bay, and the Colony of
Connecticut, who are come to renew and strengthen the Covenant Chain, on their parts, and
have given me assurances that they will unite with me, and you in promoting their and our
mutual safety and defence, and the annoyance of the Common Enemy : As you are a wise
People you must be convinced the French have always been aiming at nothing less than to
enslave you, and the King of Great Britain has nothing more at heart than to make all his
subjects and children, a happy & flourishing people, (as you have great reason to be sensible
of) to free you from the first, and to promote the latter ; I expect you will to the utmost of
your power assist His Majesty's subjects in the vigorous prosecution of this just war ag' the
French King, and his subjects and all such as do or shall adhere to him, and join with us in
the same, both offencively & defencively whenever you shall be called upon to it, as well
becomes the faithful! and dutifull children of our great King: To this I expect you will give
me a plain and satisfactory answer.

[A Belt.]

While we have a place of defence at Oswego, which you cannot but be sensible of, from
long experience, is a great benefit & advantage to you, by having all necessarys brought to
your country, and sold to you at your own doors at moderate & reasonable rates ; Whereas the



264 NEW- YORK COLONIAL MANUSCRIPTS.

French considering tlieir own private interest only, enliance tlie price of their commodities,
and sell them dear, which you have likewise long experienced; and they wou'd be still dearer
if you shou'd loose the benefit of that place. I acquaint you that I have sent six pieces of
Canon up to the defence of Oswego, and a reinforcement of soldiers, with a supply of arms,
powder & ball, and I expect as the Place is of such importance to you, as well, as to His
Majesty's Subjects, in your protection, & preservation that you will readily and willingly at all