along with such people as his Excellency should send with them, and as they were Strangers
to these Woods, he hoped they would be taken care of and not suffered to be cutt off by the
Enemy, and that his Brethren would return home, and in less than ten Days send a greater
Number to relieve them, and as they had taken up the Hatchet they would never lay it down
till they had Subdued the French and would always be ready to Appear & Join our Forces at
any time or place his Excellency should Appoint with their whole Strength
N B Notwithstanding they promised only twelve Fighters to Slay behind they left Sixteen
who went out with a party of while People
Messrs. Alexander and Alorris to the Duke of Newcastle.
[New-York. (S. P. O.) X., 105.]
May it please Your Grace. (Duplicate)
John Hamilton Esq"" President of His Majesty's Council! and Commander in Chief of the
Province of New Jersey upon whom that Government devolved by the death of the late
LONDON DOCUMENTS : XXVII. 327
Governor Morris, being sensible that the bad state of his health rendered him incapable to
represent to Your Grace the state and condition of the Province, requested us tiie subscribers
who are of his Majesty's Councill to do it.
In complyance witii which request we beg leave to acquaint your Grace tliat on receipt of
Your Grace's letter of the 9"" of April last signifying His Majesty's pleasure relating to an
expedition against the French settlements at Canada, he immediately communicated the same
to the Councill and Assembly who with great chearfullness made provision for raising 500 men
for that service for transporting them to Albany & for supplying them with provisions, and at
the same time lent the government 10000 pounds, to enable the President to furnish those
troops with arms & cloathing.
Upon this the President issued a proclamation signifying His Majesty's intention and gave
warrants to several gentlemen to raise companys in the Province and such was the diligence of
the persons employed on that occasion and the zeal of the people to serve His Majesty on this
expedition that In less than two months the whole five Companys were complete and ready for
service, of which the J*resident advised M"" Gooch, and in the beginning of September those
troops arrived at Albany with their Cloaths, arms, provisions, & other necessarys where they
still continue, and have since been supply'd with provisions to last them till the rlext Spring.
For a more particular account of what has been done in New Jersey on this occasion, we beg
leave to refer Your Grace to the minutes of the Councill and Assembly w"^ are herewith.
We wish we could give your Grace as agreable an account of the internall peace of the
Province of New Jersey, which during the long illness of the late Governor Morris was much
disturbed by two several riots or rather insurrections at Newark in the said Province, of which
he laid some account before your Grace. He was fully apprehensive of the dangerous
consequences of those attempts to throw off his Majesty's authority and their dependance on the -
British Throne and therefore recommended it in very strong terms to two different Assemblys,
but in vain. Whether their intention in refusing to join in measures effectually to put a stop
to such an evil was in order to distress the late Governour (with whom they had a dispute) or
whether they were influenced by other motives, is what we dare not take upon us to determine,
but certain it is they took no measures effectually to prevent & discourage the like for the
future either in the late Governor's time, or since his death, tho that matter has been twice
strongly recommended to them by his Hon"" the President. And we cannot but be of opinion
that it is owing Chiefly to their not joyning in the measures proposed for restoring the Peace
of the Province & preventing like riots for the future nor proposing any other effectual
measures for that purpose, that the many other great riots, publick breaches of the peace,
combinations against & contempts upon His Majesty's authority, have been entred into &
committed; in consequence of which the course of common justice is at a stand.
It would greatly exceed the bounds of a letter to enter into the particulars of those riots,
wherefore we have made a state of the facts concerning them, referring to the vouchers from
which we have collected those facts, with a few remarks thereon ; which state is herewith &
with coppies of most of those vouchers from which those facts are collected.
Upon the whole we beg leave to observe to your Grace that such open and avow'd attempts
to throw off His Majesty's authority will be attended with the most unhappy consequences to
the Plantations, as the infection is daily spreading, and as the delinquents do daily increase in
number, it may soon become general and disturb the quiet of many of the colonies, if timely
and effectual methods are not taken to prevent the like for the future.
328 NEW- YORK COLONIAL MANUSCRIPTS.
The officers of the government of New Jersey have been without any support or salaries to
enable them to execute their offices ever since September 1744. and so they continue to be,
which we conceive to be chiefly occasioned by the Council & late Governour's refusals to pass
an Act for making current 40000 pounds in bills of credit, which act was several times past by
tlie Assembly & as often refused by the Council or Govern'' because they conceived it would
tend greatly to the destruction of the properties of the people of New Jersey & of all His
Majesty's subjects to whom they are or may be indebted, and because at that time the frauds
and abuses of paper money in the Plantations were under the consideration of the British
Parliament. We are
May it please Your Grace
Your Grace's most obedient &
most humble serv"
New York (signed) Ja. Alexander
December 23. 1746 (signed) Rob' H : Morris.
Governor Clinton to the Lords of Trade.
[ New-York Papers, Bundle Gg., No. 162. ]
It may be necessary to take notice of a publication made by the Council in a common news
paper call'd the New York Post Boy of the S"- December 1746.
Before this publication was made, M'' Colden the Senior Councillor told me, that he was
surprised upon his coming into the Council Room to see every member present, which he
thinks would not have happened at that time as few attended before, had there not been a
private application to them separately; he further told me that M'' Chief Justice produced the
printed paper called a Treaty ettc. and moved that the printer should be sent for in order to
know, who had given him the copy ; M'' Chief Justice further Insisted, whether M'' Colden has
ordered it to be printed. The whole of this proceeding being a surprise on M"' Colden, and on
his seeing most of the Council prepared (three of them Lawyers) expressing themselves in
formed speeches, he hesitated a little in answering to that question, but in less than half a
minute owned, that he had directed the printer to publish it by my approbation ; then M''
, Ilorsmanden moved that the paragraph read by the Chief Justice should be censured as an
invidious, malicious and false representation of facts; upon which M'" Colden observed that
declining might be with a lawful excuse, as well as without it, and thought they would not
dispute the matter of fact; to which M'' Horsmanden answered: it is a sophistical way of
arTuino', and was going on warmly when M"' Colden desired him to have regard to the decency
of proceedings in Council, and the regard that was due to him, while he had the honour to be
in the chair, and further told them, that if they took any thing amiss in this publication it
would be more proper to take notice of it when they acted as privy Council, than in this place,
where the Council only Acted as a part of the Legislature ; upon which M' Chief Justice
dropping M"' Horsnianden's motion, moved to have that paragraph censured, as an invidious
LONDON DOCUMENTS : XXVII. 329
representation ; to which M'' Golden said, lie believed this paragraph could be cleared from
the envy tiiat they charged on him ; tlien they insisted on having tiie question put, and it was
accordingly carried ; so far I am informed by M'' Golden. I shall only observe, that it seems
to me the publication of this resolve without any manner of application to me, plainly shows,
the spirit by whicii they intend to Act viz' by moving up a popular faction; otherwise if any
of the Council had been guilty of a misdemeanour of this kind, where I must know the truth,
it would liave been proper in them to have applied to me for redress, which in this case, they
have in no manner done. Application to the people from the house of Representatives has
some colour of excuse, but when the Gouncil endeavours to set up a popular power, and neglect
any application in the proper way, hut make themselves both, partys and Judges, it seems to
have a tendency distructive of all good Govern'. This with several other instances to be given
of the late proceedings of the Council and Assembly of this province, evidently show how
necessary it is to curb this spirit, otherwise I know not to what length it may go; it will
plainly appear from several instances that there is an endeavour in a faction to run M"' Golden
down, and they may think, that i_f they can succeed in this, considering his Station, all others
will have dread to oppose them ; but notwithstanding of all their endeavours to move the
people, they no ways succeed in that point but otherwise.
The General view of the late proceedings of the Gouncil and assembly is to make it appear
in England that M'' Golden is a person disagreable to both, the Council and Assembly.
In answer to this it may be asked, is there any thing or can any thing be shown in his
conduct, that deserves their displeasure if the real service of the King and Country be made
the rule, by which our judgement is directed. If no such thing appear, the whole must arise
from the power of a Faction, that is otherwise influenced, than by the publick service ; is it
not then necessary to suppress such views, as tend to publick prejudice. If the small number of
the Council and Assembly be considered, and the low condition of life and ignorance of the,
greatest number of them, it may be in the power of one man of superior fortune nnd numerous
Relations, if he once gets the greatest numbers of such as depend on him into the Council and
Assembly, and into all the Offices of the Govern' to influence the whole in such manner, as he
shall think fit; But then the sence of the people in general may be very diflerentfrom what is
expressed by their Representatives, and it is certain, great numbers think differently from them
already, and perhaps when a proper opportunity offers, the people will show that they generally
dislike the late proceedings of the Assembly. â€”
I am with very great respect
No date. Your Lord'''" most humble and
Rec"* in England obedient servant
Feb''' 4. 174f . G. Clinton.
Vol. VI. 42
330 NEW-YORK COLONIAL MANUSCRIPTS.
Minute of the New - Yorh Legislative Council.
[New-Tork Council Minutes, Albany, XXII., 66 â€” 63.]
Thursday the fourth day of December 174G : P : M :
Tlie Council met According to Adjournment
Present â€” The Hono''''= Cadwaliader Golden Esq"" Speaker
Piiilip Livingston \ Daniel Horsmanden \
Archibald Kennedy / Joseph Murray /
James De Lancey | ^^1" John Moore ( ^^^"
Philip Courtlandt j Stephen Bayard j
The Speaker assumed the Chair
M' Chief Justice De Lancey took Notice, That as the Business of this Session was now
Compleated, He had Something to offer to the Council, which arose from the perusal of a
pamphlet that had lately fallen into his Hands Entituled " A Treaty between his Excellency
the Governour and the six united Indian Nations, and other Indian Nations depending on the
Province of New York, held at x^lbany, in the Months of August and September 1746" (Which
pamphlet he had in his Hand) Wherein was a Paragraph, page 3, in the Words following. Viz*
" His Excellency the Governor of New York, having received his Majesty's
" Commands, to engage the Indian Nations depending on his Government, to join in
" the Expedition then intended ag"' Canada, and to make them the usual Presents on
" that Occasion ; and being sensible of the great Use these Nations may be to the
" Success of this Enterprize, and likewise of the Difficulties that probably might
" attend his Endeavours at this Time, was desirous to have had the Assistance of as
" many of the Members of His Majesty's Council as the Circumstances of Affairs
" would admit; but they all declined to give their Attendance except M'' Golden &
" M'' Livingston: His Excellency was therefore obliged to act with the smallest
" Number of Members, which by his Majesty's Commission can form a Council, Yiz'
"Three; the above two Gentlemen, and Capt" Rutherford, who was then at his
" post in Albany."
Which paragraph, he conceived, did contain a Misrepresentation of Facts, and an invidious
Reflection upon such of the Members of his Majesty's Council as did not attend his Excellency
to Albany; He therefore moved that the Printer might be ordered to attend, and be examined,
that the Council might be informed who gave him the Copy with Directions to print it;
Which Motion being seconded by M' Murray; M'' Golden confessed that he had delivered the
Copy to the printer; and being thereupon asked, whether he gave him Directions to print it?
he replyed, he had delivered him the Copy: Which Confession not being satisfactory, he was
again aked, Whether or no he directed him to print if? And it was said, That in Case he did
not give a direct Answer to that Point, the Council would insist that the Printer should attend,
who no doubt would inform them of the Truth of the Matter: Whereupon M' Golden confessed
also, that he did direct him to print it; and afterwards, owned that he was the Author, but
said, he had no Intention to reflect upon any of the Gentlemen of the Council.
LONDON DOCUMENTS : XXVIII. 33I
After some Animadversions made on the said paragrapli by M"' Chief Justice, M'' Horsmanden
& M" Murray, M'' Chief Justice further moved, That a Censure might be passed upon the said
paragraph : and that the Council would come to the follow'g Resolution thereupon ; and on the
Question being put, it was accordingly
Resolved, That it is the Opinion of the Council, That the aforesaid paragraph contains
a Mis-representation of P'acts and an invidious Reflection, upon the members of his Majesty's
Council, who remained at the City of New York, during his Excellency's Absence at the late
Treaty at Albany.
And as the said pamphlet is dispersed in print;
Ordered that the said Motion and Proceedings and this Resolution, be forthwith printed*
Then the Council adjourned till to Morrow Morning 11 oClock.
Mr. Colden to Governor Clinton.
[New-Tork (3. P.O.) X., 17-4.]
Saw'J 29"> 174f
May it please your Excellency.
1 heartily thank your Excellency for doing me the justice to send me a copy of a Representation
made to your Excellency by some of the members of His Majesty's Council for this Province,
dated the lO"" of last month, which by reason of the severity of the season which had rendered
the river impassable and the distance of my house from New York, did not come to my hands
till the fifteenth of this month at night. I am sorry that any thing personally relative to me
should be the occasion of so much trouble to you, but as all the matters which are the subject
of that representation are better known to your P^xcellency than to any other person, even many
of them better known to you than it is possible they can be to the gentlemen themselves who
make the Representation, I shall chearfully submit to your judgement after that I have brought
back to your remembrance some circumstances of facts mentioned in that representation, which
these Gentlemen think proper to pass over, especially as to that paragragh in the printed narrative
of your Excellency's treaty with the Indians at Albany, which they censure.
It is true as these gentlemen say that your Excellency in Council desired to know what
number of the gentlemen of the Council would attend you to Albany, and who would. But
these gentlemen omit two material circumstances. One is, that 1 was not present at that time
in Council, being then gon out of town to visit my daughter in the country : the other is, that
they named me as a proper person to attend your Excellency on that occasion. If I should
repeat the reasons which I was told they gave for naming of me for this service, it would
become one of the observable Utile Instances of vanity calculated inindiially with a view to raise a
character, with which these gentlemen charge me ; therefore I shall leave it to them to tell what
the reasons were for naming me rather than another. But I must observe that it could not be
true that I refused to go, when I was not present, and could not know that I was named. It
is true that afterwards in conversation among ourselves ( not in Council ) I did object to it as a
particular hardship on me to be singled out (for as to M' Livingston his office as Secretary for
332 NEW- YORK COLONIAL MANUSCRIPTS.
Indinn Affairs made it bis duty to attend) and I think it ungenerous in them to repeat any
casual words which I used in conversation at that time. I am sure should I repeat what some
of them said at the same time, I could not escape blame.
The truth of the matter is this; that as I was not present in Council when your Excellency
desired to know who would attend you to Albany, I cannot of my own knowledge say what
pass'd that day in Council ; but your Excellency afterwards when you desired me to attend
you to Albany, told me that the others (except M'' Livingstone) had declined that service, and
for the truth of this I must appeal to your Excellency.
However Sir it is confessed in their own Representation that all desired to be excused
( except M"' Cortlandt who was absent as well as my self) and that I likewise desired to be
excused, or rather as they express it that I refused to go, and they desired to be excused from
goitig; but that I afterwards was prevailed on to go (for J did go) and they insisted on their
excuse, for they did not go. This is the state of the Question confess'd on all sides and I must
leave to your Excellency to determine which of us decliri'd going.
Your Excellency knows that the printed Narrative of your Excellency's Treaty was
published several weeks before the time that the Council were pleas'd to censure this paragragh
mentioned in their Representation. From the time that it was published, till that day, 1 was
frequently in conversation with these gentlemen, and tho' I beleave none of them doubted of
my being privy to that publication, yet none of them at any time took notice of any injury
that they thought was done to them by it, till that day: when coming into Council while the
>â€¢ Council met in their Legislative capacity (at which time your Excellency is not present) I was
surprised to see all the gentlemen of the Council met; for before that time several of them
seldom attended as will appear by the minutes of Council & adjournments were frequently
made for want of a sufficient number. M"" Chief Justice took the printed narrative out of his
pocket and spoke to the purpose as set forth in the censure printed in the New York Post Boy
of tiie S"" of Dec'' iVr Horsmanden and iM'' iMurrey made set speeches. As these were all
lawyers, and prepared, and the whole a surprise upon me, I was not ready to make such proper
answer as perhaps I should otherways have done. But I observed I thought it would be more
proper to enquire into this matter in a Privy Council where your Excellency must be present,
than now when we are met by ourselves. To which the Chief Justice answered something as
to the power of the House of Lords with respect to Privy Councillors at the same time
Members of their House; which as I did not understand how he applied it to the present case,
1 cannot repeat. But my reason for saying this inquiry was more proper for the Privy Council
was, that in the present case we were all parties, but in the Privy Council your Excellency
could judge between us. Your Excellency from your knowledge could judge of the truth or
falsity of it, as you are indifferent between us. I likewise told them that if they thought that
there was any thing in that paragraph that by mistake or unguarded expression threw any
unjust reflection on the Council, I would join freely with them in doing justice to every one,
if the proper steps vpere taken for that purjjose, but I did neither confess nor acknowledge in
the manner set forth in that publication, and that minute was drawn up and publish'd without
Representation from the Council any extempore and unpremeditated expressions that any person
may use, without giving him an opportunity to explain them or excuse them ; yet from their
example I think I may on this occasion be allowed to tell your Excellency that the Chief Justice
in this debate said : â€” That some of the Council of this I'rovince, and named AP Phillipse,
LONDON DOCUMENTS: XXVIII. 333
Iiail been removed from t!ie Council by a false representalion made of his being a Jacobite.
This gentleman was removed in tlie first year of M' Burnet's administration, and tho' 1 then
liv'd in this Province and have been in it ever since, this is the first time I ever heard of this
reason for that gentleinans removal. I doTiot know what Representation M'' Burnet made to
the King which occasioned that gentleman's removal, but I have iieard & I believe it to be
true, that it was for a misdemeanor, of which proof was made, and which then was not doubted
to be true, and which perhaps can at this lime he proved to be true, it was known to so many
persons at tiiat time, & I believe tiie truth of what I now say may appear from papers in the
office of the Lords Commissioners for Trade, or in the Secretary of State's Office.
How the Chief Justice came to make the assertion he then made I know not, but if I be
allow'd to follow these gentlemens' example, in forming conjectures of other people's intentions,
it might have been with intention to raise a jealousy among the members of His Majesties
Council of some such base design at this time ; and it is well known that insinuations of this
kind will influence weak minds that are not capable of judging of the merits of the mater in
debate, and may prejudice those who are more capable. What other motive could induce the
Chief Justice to speak in this manner at this time I must confess that I cannot imagine, & I
must leave it to your Excellency to judge whether this surmise that I make, be with or without
sufficient grounds. I think it the more necessary to take notice of this in the Chief Justice,
because I believe that this and such like false suggestions have been the principal means by
which many in both the Council and Assembly have been lately prevailed upon on several
occasions. In the last place I must observe to your Excellency that the method which these
gentlemen have taken to censure this paragraph, cannot be justifyed by any precedents in
Parliament (unless it were in the worst of times when there was a settled design to destroy
the Constitution of the Government) thus to apply to the people by publication, without any
address or application to your Excellency or to any other superior authority, who have a right
to judge in matters of this kind, and after they had thus endeavoured to prejudice the minds
of the people then to apply to your Excellency. Such methods are at all times (except where
open resistance becoines necessary) look't on as dangerous and destructive of good government,
and are less excusable in those employed in the administration, than in others.
I am truly surprised with the next charge against me in the Representation made by these
gentlemen, that I advised your Excellency not to lay the proceedings of the Council at Albany
before the Council at New York according to your Excellency's declaration. What your
Excellency's declaration was I know not, being absent, but I must appeal to your Excellency
whether I ever, at any time gave such advice as these gentlemen insinuate or have given the
least ground for this assertion ; neither can I imagine to what purpose such advice could be
given, sence those minutes were afterwards, as I believe, lodged in the Secretary's office, as