apointments as soon as possible for the reasons here mention'd I likewise do myself the
honour to send your Lordships M"' Kenedys account of the Quit Rents from the 29 of Sept:
1733 to the 29 of Sept. 1734 I am
My Lords
with the greatest respect
imaginable Your Lordships
most obedient and faithfull
humble Servant
W. Cosby
32 NEW-YORK COLONIAL MANUSCRIPTS.
Governor Co-sly to the Lords of Trade.
[ New York Bnndlo Ee., No. 09. ]
New York June 19. 1735
My Lords
In my letter to your Lordships of the lO"" inst I layed before you the beheavour of some of
his Maj'J' Council of this Province and tlie difficulties I shall lye under in the discharge of my
duty to his Majesty in the trust repos'd in me if these men be not remov'd from their Seats at
this board, I had not then fully resolv'd whome to recommend to your Lordships to succeed,
but now my Lords I have thought of those whose fortunes and caracters are amongst the
foremost in this Province for reputation and estate and as such I recommend them to your
Lordships and they are these Tho' Freeman Esq: who maryed one of my daughters, and M"'
John Moore a considerable merchant in this town I am
My Lords
with the greatest respect
imaginable
Your Lordships most
obedient Humble Servant
W. Cosby
End" Kec"* Aug' 2
Read Aug' 14. 1735
Lords of Trade to the Lords of the Privy Council.
[ Now York Entries, M., 1—7. ]
To the R' Hon"'''^ the Lords of the Committee of His Majesty's most Hon*'' Privy Council.
My Lords,
We have considered the humble petition of the Merchants and Traders of the City of
Bristol, whose names are thereunto subscribed, referr'd to us by Your Lordships on the 1" day
of November 1734 complaining of an Act pass'd in His Majesty's Province of New York
intituled, "An Act to repeal the Act and to cancel the Bills of Credit therein mentioned, and
grant unto His Majesty several duties for supporting His Majesty's Government in the Colony
of New York until the first day of September which will be in the year 1737."
We have been attended upon this occasion by the Agent for the Petitioners and have heard
what he had to offer in support of their petition and having considered the said Act and taken
the advice of M' Fane one of His Majesty's Council at Law thereupon we take leave upon the
whole to observe to Your Lordships that by the following Clauses of this Act it is provided
that there shall be paid to his Majesty for every slave, (male or female) "of four years of age
"and upwards, imported directly from Africa, the quantity of five ounces or Sevil Pillar or
"INIexico Plate, or forty shill: in Bills of Credit made current in this Colony.
LONDON DOCUMENTS : XXV. 33
'•For every Negro, Mullatto or Indian Slave (male or female) of four years of age and
" upvpards imported from all other plaices by land or water, the sum of four pounds in
" like money.
"For all European or East India Goods imported wMth proper Certificates from the British
" Islands in the West Indies, the sum of five pounds in like Money, for every hundred pounds
" value prime cost, and after that rate for a greater or lesser quantity."
As these clauses are greatly prejudicial to the Trade & Navigation of this Kingdom, and
are likewise expressly contrary to His Majesty's Instructions to the Gov"' of New Vork, by
which he is directed not to pass any Act for imposing Duties upon Negroes payable by the
Importer, or whereby the Trade or Navigation of this Kingdom might be any ways affected,
unless a clause be inserted in such Act for suspending the execution thereof 'till his Majesty's
pleasure should be known concerning tiie same, we should for these reasons propose to Your
Lordships that the Act in question might be laid before His Majesty for his Disallowance.
But considering the Inconveniencies and Confusion that might arise in the province of New
York if this Act which settles funds for the support of His Majesty's Government there should
be repealed before other provisions are made for the same purposes, we therefore humbly
propose that this Act may be suffered to ly by for the present, and that orders may be
immediately sent to His Majesty's Gov' of New York to move the Council and Assembly of
that Province forthwith to pass a New Law for repealing the three foregoing clauses and for
providing and settling other Funds for the like purposes not liable to the same objections.
We take leave to transmit to Your Lordships the Draught of such an Instruction as we have
prepared upon these heads for the Gov"' of New York, which, if Your Lordships should
approve it, may be immediately sent to him. But if the Council and Assembly of New York
shall refuse to comply with this Instruction, we should tiien propose that the Act in question
may be laid before His Majesty for his Disallowance. We are. My Lords,
Your LordP' most obedient
& most humble Serv"
FitzWalter
T. Pelham
Whitehall Ja. Brudenell
Aug" y« e"" 1735. R- Plumer.
Additional Instruction to our Trusty and Wei beloved Wâ„¢ Cosby Esq"" Our Cap'
General and Gov'' in Chief in and over our province of New York and the
Territories depending thereon in America or to the Commander in Chief
of our said Province for the time being. Given at
Whereas several Merchants and Traders of Our City of Bristol have most humbly petitioned
us complaining of an Act pass'd in our Province of New York entituled " An Act to repeal the
"Act and to cancel the Bills of credit therein mentioned and to grant unto his Majesty several
"Duties for supporting His Majesty's Government in the Colony of New York until the 1"
" day of Sep"" which will be in the year 1737," laying a Duty of five ounces of Plate or 4.0'
current mony of New York upon every slave (male and female) of four years of age or upwards
imported directly from Africa, and four pound like mony upon every slave of the same age
from any other place for all European or East India Goods Imported with proper certificates
Vol. VI. 5
34 NEW- YORK COLONIAL MANUSCRIPTS.
from the British Islands in the West Indies, the sum of five pounds in like mony for every
.£100 value prime Cost which Act having been examined by our Commiss'* for Trade and
Plantations is found to be directly contrary to the IS"" Article of Your Instructions whereby
you are expressly forbid to pass any law by which the trade or Navigation of this Kingdom
may be any way affected declaring it to be our Royal Intention that no Duties shall be laid in
the province under your Government upon British shipping or upon the Product or Manufactures
of Great Britain upon any pretence whatsoever. It is therefore Our Express will and pleasure
that you move our Council and Assembly of our said Province forthwith to pass a New Law
for repealing the three foregoing Clauses and for providing and settling other Funds for the like
purposes not liable to the same objections, or at least that an Exception be made in favour of
all Goods whatsoever of the Product or Manufacture of Great Britain ; and that no Duty be
laid on any Slaves Imported payable by the Importer, and you are also to signify our Royal
Intention to our Council and the Assembly of our said Province that if they do not immediately
comply with this our Instruction we shall repeal the Act now complained of.
Lords of Trade to Queen Caroline.
[ New-Tork Entries, M., p. 12. ]
To the Queen's most Excell' Majesty Guardian of the Kingdom of Great Britain & His
Majesty's Lieutenant within the same.
May it please Your Majesty
We have rec* a letter from Col° Cosby his Majesty's Governor of the Province of New York
dated the 6"" of December last in which he complains of the factious, disaffected and illegal
Behaviour of M' James Alexander, a Member of His Majesty's Councils in New York and
New Jersey, Lewis Morris late Chief Justice in the Province of New York, and a Member of
His Majesty's Council in New Jersey, and Rip van Dam Esq' late Commander in Chief and
President of the Council at New York, which Complains are supported by several papers
printed at New York and by a Report of His Majesty's Council there, transmitted to us upon
this occasion by Col" Cosby.
Col° Cosby acquaints us in his letter that the said Alexander and his party have set up a
printing press at New York, where the most virulent libels and most abusive Pamphlets
published against the Ministry and other persons of Honour in England have been reprinted,
with such alterations as served to inflame the people against the several branches of the
legislature, and the Administration in that Province.
That factious Cabals are secretly held several times a week in New York at which Alexander
is always present, as Morris was before his coming privately to England.
That a black and malicious attempt hath been made by the said Alexander against M'
Harrison, a Member of his Majesty's Council at New York, and a person of known loyalty, by
charging him with a capital crime, of which he hath been fully acquitted by a Committee of
His Majesty's Council and by the grand Jury in that Province who refused to find the Bill
LONDON DOCUMENTS : XXV. 35
against him, upon the Aflitlavits of the said Alexander and one Smith, who acted in concert
with liim upon that occasion.
That the said Morris whilst President of the Council in the Province of New Jersey, acted
iu the most arbitrary manner having turned out several loyal old servants and officers without
consent of the said Council, in contempt of His Majesty's Instructions to make way for His
near Relations; that he had sat and acted as Chancellour, and made a decree without giving
regular Notice, or hearing the parties concerned, and that nevertheless he hath loudly declaimed
both in New York and New Jersey against His Majesty's Gov" who have sat as Chancellors
affirming publicly that no decrees of the Chancery or any other Court of Equity were binding
on the subject, and that His Majesty had no right to establish any such Court in those Provinces.
Col° Cosby further acqaints us that Rip van Dam, Morris, Alexander and others of their
party appear by their behaviour to be disaffected to His Majesty's Government, and are daily
exciting the people to sedition and Riot, for which Reasons we take leave humbly to propose
to Your Majesty that the said Van Dam may be deprived of his seat in his Majesty's Council of
New York, the said Morris of his seat in the Council of New Jersey, and the said Alexander
of his seats in both those Councils and that John Moor and Paul Richards Esq" may be
appointed of His Majesty's Council in New York, in the room of Rip Van Dam and James
Alexander, and that Robert Lettice Hooper, chief Justice of the Province of New Jersey, &
Joseph Warrell Esq" may be appointed of the Council in New Jersey in the room of the
aforesaid Lewis Morris and James Alexander, the said John Moor, Paul Richards, Robert
Lettice Hooper and Joseph Warrell Esq" having been recommended to us as Persons every
way qualified to serve His Majesty in those Stations.
All which is most humbly submitted
Whitehall Ja Brudenell FitzWalter
Aug' y'' as"" 1735 R. Plumer T. Pelham
Lords of Trade to Governor Coshj.
[New York Enlries, M., IC. ]
To Wâ„¢ Cosby Esq-"
Sir,
Since our letter to you of the 22'' of Aug' we have received yours of the 6"* and V"" Dec'"'
1734 and 10''' and 19'' of June last, with the Acts and publick Papers therein mentioned to
be inclosed, which Acts we have sent to M'" Fane, one of his Majestys Council at Law, for his
Opinion in point of Law thereupon, and so soon as we shall have received the same we shall
take the said Acts more immediately into consideration.
We have considered what you write concerning the Court of Chancery, as also the Resolves
of the Assembly of the 25"" Nov**^ 1727 with a Report of a Committee of Council thereupon
dated the 5"' of Dec*"" following, and we are not a little surprized at Your informing of us that
some of the Members who compose that Committee should now make any opposition to the
holding of that Court, however different they may be in opinion from what they formerly were
of, We think you did very well not to admit the arguing of any exceptions against the
36 NEW-YORK COLONIAL MANUSCRIPTS.
Jurisdiction of that Court, a Court established in the very Infancy of that Colony by the
Crowns undoubted Right signified to the then Governor under the broad Seal of this Kingdom,
successively confirmed under the Broad Seal in every Governor's Commission that has been
appointed since, and which must therefore consequently be deemed an Essential part of the
Constitution of that Province; You will therefore do well to pursue the Directions of Your
Commissioners and Instructions by holding that Coiirt whensoever there shall be occasion and
if the Assembly of that Province shall for the future yet presume to dispute the King's
Authority in this respect, you may very properly signify to them that they and the Court of
Chancery meet and act by Virtue of the same power, viz' His Majesty's Royal License,
granted under the broad Seal of this Kingdom.
According to Your Desire we have recommended John Moore and Paul Richards Esq" to
succeed M'' Van Dam and M"' Alexander in the Council of New York; and Wâ„¢ Provost, John
Schuyler, Tho. Farmer, John Rodman, Rich"* Smith, Robert Lattice Hooper & Joseph Warrell
Esq" to succeed M"' Hugg, M' Baird, M"' Johnson, M'' Parker, M"" Smith, ftp Morris, and M""
Alexander in the Council of New Jersey.
We desire you will not omit to send us Annual Answers to the queries we formerly
transmitted to you, concerning the state of the Provinces under Your Government and so we
bid you heartily farewell, and are,
Your very loving friends
and humble Serv"
FitzWalter
Whitehall T. Pelham
Sep^ y"^ S"- 1735 R. Plumer.
Order of the King in Council declaring the Reasons for removing Chief Justice
Morris insufficient.
[ New-Tork Papers, Ff., No. C. ]
At the Court of St James's the 26 day of Nov' 1735
Present — The Kings most Excell' Majesty in Councill
Upon reading at the Board a Report from the Lords of the Committee of His Majestys most
Honorable Privy Council for Plantation affairs dated the 7"' of this inst' in the Words
following viz'
Your Majesty having been pleased by your order in Council of the 23''^ Nov 1733
to referr unto this committee the humble Petition of Lewis Morris Esq"" setting forth
that he hath held the office of Chief Justice of His Majestys Province of New York
in America for about twenty years during which time he discharged his Duty with
the utmost integrity; That in August 1733 Col° Cosby the present Governor of that
Province issued a Supersedeas to the Petitioners Commission of Chief Justice without
assigning to the Petitioner any reasons for the same That conceiving his character
LONDON DOCUINIENTS : XXV. 37
to be greatly affected by being tlius removed and that as the said Governor is required
by your INIatys Instructions not to displace Judges without good and sufficient Cause
to be returned to your Majesty and also to the Lords Commissioners for Trade and
Plantations He therefore most humbly prayed to be allowed copys of the reasons for
his removal returned by the said Governor and that he might be heard in his Defence
against the same and in case it should appear that the said reasons were not good &
sufficient that then he might be restored to his said office — The Lords of the
Committee in Obedience to your Matys said order of Reference did on the S"" of
January following take the said Petition into their consideration and thought proper
to order that the said Governor should forthwith transmit to this Committee his
reasons for removing the said Petitioner from his office of Chief Justice which he
having accordingly done the Lords of the Committee this day took the whole matter
into their consideration and heard counsel as well on behalf of the Petitioner as of
the said Governor and do thereupon agree humbly to report to your Maty as their
opinion that the Reasons so transmitted were not sufficient for removing tlie
Petitioner from His office of Cheif Justice of your Matys Province of New York
His Majesty this day took the said report into His Royall consideration and was pleased
with the advice of His Privy Council to approve thereof
A true Copy
Ja Vernon
Governor Co-shy to the Lords of Trade.
[ New-York Papers, Ft, No. 11. ]
New York Dec lO"- 1735
My Lords
I have the honor to receive your Lordships letter of the 17"" June & take this opportunity
to give your Lordships the following answer which I hope will give you all the satisfaction you
expect. All the Duties & Impositions that were laid on Trade and we[re] subsisting in this
Province in the year 17-31 were laid in the year 1728 by an act of Assembly entituled an Act
to repeal some parts & to continue & enforce other parts of the Act therein mentioned and
for granting several Duties to His Majesty for supporting His Governor in the Colony of New
York from the first of September 1728 to the 1" Sepf 1733 and are these
On every Negroe of four years & upwards imported from Africa 40' And for every Negroe
imported from every other place £4=
Every pipe of Wine imported two pounds five shillings Every Gallon of Rum Brandy or
other distilled liquors imported .£0: 0: 2h,
Every gallon of Rum or other Spirits distilled wholly or in part from Molasses within this
Colony 2*"
On all European or East India Goods imported from the British Islands in the West Indies
^•5 P' Cent on the prime cost.
38 NEW- YORK COLONIAL MANUSCRIPTS.
Oil every hundred weight of Cocoa imported 4s.
Which Act was repealed by an act passed in 1732 intituled an Act to repeal the act and to
cancel the Bills of Credit therein mentioned and to grant to His Majesty several Duties for
supporting his Government in the Colony of New York until the first of September 1737 by
whicii Act the like duties are laid and are to subsist to the l^'Sepf 1737.
By an act passed in 1731 entituled an Act to support the Troops at Oswego & to regulate
the Indian Trade there the following duties are laid
On every piece of Strouds which shall be sold carryed or transported in order to be disposed of
to the Indians or French from the first of October 1731 to the first of October 1732 ^0-10: —
& on every Gallon of Rum so disposed of Is. which duties are by subsequent Acts continued
to the first day of November 1737
By an Act passed in June 1734 entituled an Act to lay a duty of Tonnage on the vessells and
for the time therein mentioned there was a duty laid of 3s. a Ton on all Trading vessells except
vessells built within this Colony, Vessells wholly owned by the Inhabitants of this Colony and
the Inhabitants of Great Brittain all coasting vessells westward & Southward as far as Cape
Henlopen and Eastward as far as New Hampshire and all Whaling vessells which duty
by that Act was to continue six years to commence from the first of July 1734 but by a
subsequent Act passed in Nov 1734 was continued to the 1^' of July 1744 and is applyed to
the sinking of Bills of Credit struck for Erecting Fortifications
By an act passed in NoV 1734 entituled an act to lay a duty on Negroes & a tax on the
Slaves therein mentioned during the time and for the uses within mentioned there are the
following duties laid
For every Barrel of Sj'der from the 25"" of Dec"' 1734 for ten years one shilling
For every Barrel of Pork except that of New Jersey 3s.
For every Barrel of Beef except that of New England 2s.
For every Negroe, Indian or Molatto Slave above the age of fourteen & under fifteen one
shilling yearly —
These duties are likewise applyed to the sinking of the Bills of Credit struck for the
erecting Fortifications
B)'^ an Act passed in 1734 entituled an act to lay a duty on empty cask imported into the
city of N. York during the time therein mentioned the following duties are laid
For every Hogshead 1' 6^
For every Tierce 1»
For ev''' Barrel or small light cask 9'^
For every flower or Bread Barrel V
For every flower or Bread half Barrel 7 J"*
These duties are to continue to the 1" Dec' 1737
These my Lords are all the duties & all the Acts in force that any way eff'ect Trade
I do myself likewise the Honor to send to your Lordships the Acts of Assembly past at
New York the last Session which are these
An Act for the further continuing an Act entituled an Act to let to Farm the excise of Strong
liquors retailed in this Colony &c
An Act for the further continuance of an act entituled an act for settling and regulating the
Militia in this Province
LONDON DOCUMENTS: XXV. 39
These being annual Acts I will not trouble your Lordships with any remarks upon tliem
having nothing more to say than what 1 bave heretofore said
An Act to continue the two several Acts therein mentioned relating to the publiclv higli
Roads in the city and county of Albany
An Act for the further continuing an Act entituled an Act for the better clearing regulating
and further laying out publick Higli Roads in tiie County of Ulster
The Services proposed to be done by the Acts whicii these continue not being compleated
& it being a necessary work it was proper to pass these
An Act to continue an act entituled an Act to discharge the several Demands on the trading
House att Oswego to support His Majestys Troops posted there — There have been so many
Acts passed for this Service and your Lordships are so well acquainted with the importance of
the Fur Trade and the necessity of maintaining this advanced Garrison to protect it that it is
unnecessary for me to say any thing to it
An Act to receive and enforce and continue the currency of the Bills of Credit tlierein
mentioned until the end of the year 1739
The Fund on which these Bills of credit were struck not answering the expectations of the
Assembly there are many of them not yet sunk and that fund being afterwards appropriated
to the sinking of other Bills of Credit can not till the year 1740 be further applyed to the
sinking of them it was thought absolutely necessary to pass this act which gives the paper
money its former credit
An Act to prevent damages by Swine in the Precinct of Goshen and some other parts
contiguous to the County of Orange
This Act carries its reason in the preamble
An Act for naturalizing William Cornelius &c This and other Acts of the like kind are
necessary to encourage foreigners to settle among us
Besides the Acts I do myself the Honour to send to your Lordships the Minutes of Council
from the 5"" day of April 1735 to the 24 day of Nov'' last
I am My Lords
With the greatest respect
imaginable
Your Lordships
Most obedient & faithful
Humble Servant
Sg" W. Cosby
Seai'etary Pojyple to Governoi' Cosby.
[ New- York Entries. M. p. 19. ]
To Col" W" Cosby Gov' of New York & New Jersey.
Sir,
Among the papers you transmitted to My Lords Commiss" for Trade & Plantations in Your
letter of the 6"" of December 1734, relating to Y''our Complaints against M" Morris M"" Van
40 NEW- YORK COLONIAL MANUSCRIPTS.
Dam and M' Alexander, there are some New York News Papers by whcli it is intimated that
you have sometimes voted as a Councillor in a legislative Capacity, that you have expected
Bills pass'd the Assembly should be presented to you prior to their being laid before the
Council and that you have adjourned the Assembly in your own Name.
As these three points are not before My Lords as matters of Complaint against you, their
Lordships do not send you these particulars by way of charge, hoping they may be not be
true. But however they have commanded me to send you their sentiments upon each of them
for your conduct thereon.
As to the first you are to observe'that the Council sits in two Capacities, viz' as Your Council,
to advise you generally in all political Cases, and in particular Cases where, by your instructions
you are restrained from Acting without their advice & consent : In both these Cases you are
to sit, and advise with them. They likewise sit as the S"* Part of the Legislature and in that
case you are neither to sit nor vote with them. Was you to do it upon any occasion where a
law is the subject of their Debate, and that the Councillors being divided in opinion the law
should either be passed or rejected, by your single vote. It would in fact be taking away the
Priviledge of the Council in vesting two of the three parts of the Legislature in one person
and consequently destroying that constitution so prudently established by His Majesty's
Commission & Instructions for the Government of his American Colonies. The same
Reasons govern the Board's opinion upon the second point, because as a third part of the