Report was raised ; that the advantage of Flags of Truce is greater, when they carry few,
than when they carry many and therefore it could not be imagined, what should induce the
owner of such vessel to give gratuity for prisoners.
M"" Clinton closes his remarks with complaining, that the Assembly took all possible means
to prevent his seeing their representation before they presented it, that it might be published
before he could answer it.
On the 29"" of April 1747. M' Clinton gave his assent to an Act for purchasing a further
supply of Provisions for the Troops raised for the Canada Expedition, by which the
Commissioners named in former Acts, past for this purpose are directed to deliver the provisions
to such persons as should be appointed by His Majesty for the service of the Canada expedition,
and to no other use or purpose whatsoever.
On the 2""^ of June 1747. the Assembly met according to adjournment, and M' Clinton sent
them a Message, together with several letters and papers relating to the State and condition of
LONDON DOCUMENTS: XXX. 665
the Forces posted at Albany, and the meeting that had happened there for want of their pay.
In this Message he urged to them, how much the safety of the province was concerned, and
how incumbent it was on them to provide against evils, which could only be prevented by
their speedy and sufficient assistance ; he acquainted them, that he had already engaged his
private fortune for his Majesty's service, and was willing to do everything that could in reason
be expected of him; that if they would not advance so much money as should be necessary
on that occasion, he was ready to draw Bills for any sum, provided, his family might be
indemnified from the consequences of what he had done or should do by the advice of
On the 4"" a Committee of the whole house upon the above message and papers. Reported
their opinion, that, according to the Duke of Newcastle's letter of the 9"" April 1746, it was
not the King's intention, that the province should contribute or advance any pay to the Forces,
but that they should supply them with provisions.
That the care of the pay was the Governor's province, who might draw Bills for that
purpose, and that the Gov^'' desire of an Indemnification implied such a distrust of the King
as ought not to be suggested.
That the Gov'' diffidence to draw Bills on so pressing an occasion was unreasonable and
without grounds ; and that, if any bad consequences should ensue to the province from the
Forces not being paid, he alone would be to blame.
These opinions being agreed to, nem : con : were sent up to the Gov"', who on the next day
adjourned the Assembly to the 15"" June; but no Journals of the Assembly of that time have
been transmitted to the Board.
On the 19"" of June M'' Clinton acquainted the Council, that he intended to embark for
Albany that day, in order to put an end to the mutiny, that had happened among the New
Levies, and recommended to them, the conservation of the peace of the City, and, if any thing
extraordinary should happen, to meet, and consult, and take such steps, as they should think
expedient for His Maj''" service, giving him the earliest notice thereof.
M'' Clinton in a letter to the Board of Trade dated 22"'' June 1747 observes, that the publick
affairs were reduced to such a state, the King's authority despised, and the Govern' wrested
out of his hands by the violence of a Faction ; that he could not answer for the safety of the
province without the interposition of His Maj''', and, that the Board might be the better Judges
of the State of the Province, he should lay before them a Narrative of transactions since he
entered upon the Govern'.
That affairs had been distracted by parties in M' Clark's administration, who made large
concessions to the Assembly ; that being at his arrival a stranger to the people, it was necessary
for him to confide in one person; that M'' De Lancey, having the greatest property and
connections and a knowledge in the Law, was the person he chose to place confidence in, that
he advised him to accept his salary from year to year upon pretence, that when he had gained
the affections of the people, it would be easier to break thro' their usurpations; that he did
this view to put the power of Govern' into the hands of a Faction ; that to forward this
view, in the Bills for support of Govern', the salaries of Officers were not affi.xed to the Office,
not in the original', but to the pcTson in Office, whereby the Crown was deprived of those appointments
and the nomination of them vested in the Faction and their dependants; that in these Acts
they also gave rewards for extraordinary services to be paid without a warrant from the Gov';
' Sic. These words ara in Got. Clinton's flfnpntcli to tlio Lords of Tnide, of 22. June 17-17. Supra, p. tiii. â€” Kn.
Vol. VI. S4
666 NEW-YOKK COLONIAL MANUSCRIPTS.
that the Assembly took into their own hands the custody of all the stores of War, distinguishing
them from those sent by His Majesty, by the name of Colony Stores; that they assumed the
direction of Fortifications the Nomination of Gunners and other Officers, and directed them to
be paid without warrant from him ; that they raised and employed companies of Militia, and
put the money for payment of them into the hands of persons appointed by themselves ; that
if it should be asked, why he suffered this, the Exigency of the times and the danger to be
apprehended from the Enemy, obliged him to submit to it ; that tho' M' De Lancey at first,
represented these things as usurpations, and advised him to dissolve the Assembly, yet in the
next Assembly he supported those very measures ; and it was found, that his only reasons for
such advice was to get rid of the Speaker, who opposed his growing power ; that in order
further to secure power to himself, he formed an united Committee of Council and Assembly ;
that the people were well pleased with the intended expedition against Canada, but it being
contrary to the views of the Faction that he should gain any credit in it, they soon curb'd the
zeal of the Assembly, representing that it was sufficient to make provision for levying Forces
and victualling them, no more being expected by the Crown. But their Chief hopeÂ» were,
that he would not be able to engage the Six Nations in the War ; that the Assembly insisted that
it was intended, that the presents for those Indians, were to be at the expence of the Crown,
tho' the practice had always been to the contrary ; that such of the Members of the Council
as were of this Faction refused to attend him to 1ms Treaty with the Indians in 1745. in
expectation of his gaining discredit thereby ; that it was proved by their publick discourse, by
their assuming to themselves the name of a Council, while he was in the province, by their
corresponding with the Neighbouring Governors, and by issuing orders to the Militia and
Gunners of the Forts, which orders were even given out after his return to New York, without
being communicated to him ; that the proofs of these things would evidently appear from the
minutes of Council and Assembly and other papers he had transmitted, and by the remarks he
intended to make thereupon; that the views of the Faction were also farther proved by the
messages and Representations of the Assembly, having been drawn up by M' Horsmanden,
M'' De Lancey & M'' Murray.
That he must confess indeed, that the Chief strength of the Faction arose from an Act of
imprudence in himself in giving M' De Lancey a Commission of Chief Justice during life,
whereby, he had gained great influence; that the reasons for making Judges in England for
life, did not extend to the plantations, tho' he was made to believe they did ; that the Chief
Justice, before he granted him that Commission, always show'd himself ready to serve him,
but as soon as he obtained it, put himself at the head of the Faction, and ever since he has been
in power, continual schemes have been formed, to weaken the power and authority of Govern',
and alter the Constitution.
He then submits to the Board, whether, as the forms of Commiss"' cannot be altered without
Act of parliament, that be not a sufficient ground to revoke this, and observes, that it would be
in vain to remove M' De Lancey from the Council, while his power of Chief Justice remained.
Mr Clinton in another letter to the Board, dated 24"" of July, recommends the distracted state of
the province to their consideration ; he also acquaints them, that the laying aside the Expedition
last year, had greatly discontented the Indians, and that, unless some enterprise was undertaken,
there was danger of losing them ; that he should therefore propose to the Assembly to undertake
something of that sort, but that he almost despaired of success. That two Nations in the
French interest had been prevailed upon to come over to the English, & he should endeavour
to have them supplied with such necessaries as they might want.
LONDON DOCUMENTS : XXX. 667
On the 2S"> of July 1747. Mr Clinton laid before the Council three letters from M"' Shirley,
acquainting him, that the Massachusets Bay, had appointed Commiss" to meet others to be
named by the other neighbouring Govern" at iVew York the 2"'' of Sepf following, to settle
the plan of operations, the quotas of I\Ien and money and every thing relating to the intended
expedition against Crown Point, the reduction of which was so absolutely necessary for the
security of the Western frontier, that he had summoned the Gen' Court of his Govern' and
should urge to them in the strongest manner the prosecution of this enterprise, and desiring
M' Clinton to recommend it to his Assembly to acquaint the six Nations with the design, and
in the meantime to order a party of 100 Men to Range between Saraghtoga and the Massachusets
Fort. Whereupon the Council advised, that a plan of operations, should be immediately
drawn up by themselves, and, if approved by the Gov' sent to M"" Shirley, who should be also
acquainted, that the New Levies were ordered to be encamped.
On the 1*' of August the Council having prepared a plan of operations, it was read at that
Board and approved.
On the 3"^ Estimate of the expence of this Expedition were laid before the Council, and M''
Clinton having acquainted them, that there was great danger of losing tiie Indians, unless some
enterprise against the French should be executed that year, again desired their opinion on the
aforementioned letters, from M'' Shirley, and was advised to recommend to the several Govern"
to the Southward to concurr in the appointment of Commiss" to meet at New York, and to lay
M'' Shirley's letter before the Assembly, together with the said estimates, to acquaint them that
he was determined to employ the Forces in the province in this expedition, and to recommend
it to tiiem to make effectual provision for it.
Accordingly on the 4"' M'' Clinton sent a Message to the Assembly together with a copy of
M'' Shirley's letter, and acquainted tliem with the proceedings of the Council thereupon, and
urged to them the immediate necessity of undertaking some enterprize, and the particular good
that would result to the Province from the execution of this. He told them, that the whole
expence was estimated at ^Â£14000 and exhorted them to take such a share of that expence, that
the other Govern" might be encouraged chearfully to take the remainder; that he had the
strongest assurances of the hearty Assistance of the Six Nations, and had hopes of several
other Nations formerly atached to the French, but that all interest and esteem among them
would be lost by a longer inactivity. He desired their immediate deliberations and resolves
on tiiese matters, and told them, that the Massachusets and Connecticut, iiad already advanced
large sums to encourage the Six Nations in their zeal for this Enterprize.
On the 6"' the Assembly, on consideration of M'' Clinton's Message, came to the following
That they would chearfully contribute their just proportion of any sums they should Judge
necessary for any well concerted scheme.
That to consent to raise monies on their Constituents, on pretence of anoying the Enemy,
without knowing on what grounds, and for what reasons, would be to betray their Trust.
That they knew not what sums the Massachusets Bay and Connecticut might have given for
the encouragement of the Indians, but were persuaded. New York had given more than both
those Colonies for securing them in the British Interest, and that the Gov' best knew how the
sums given had been applied.
That New York ougiit not to bear more than one third of the Expence, which proportion
they would chearfully contribute ; but that the Govern" to the Westward ought also to bear a
share of it, by which means each respective third part would be lessened.
668 NEW- YORK COLONIAL MANUSCRIPTS.
On the 22'"* of August M' Clinton laid before the Council a paper containing the
apprehensions he was under for the security of the frontiers, and acquainting them that he
could no longer find provisions for the Forces at Albany, nor continue the expence the Crown
had been at in securing the fidelity of the Indians, and desiring them to consider these matters,
as well, as the State of the Garrison at Saraghtoga, and give him their advice upon them.
This paper was referred to a Committee of Council.
On the 25"" the Council presented an address to M' Clinton, setting forth the dangers to
which they apprehend the City of Albany to be exposed, by the withdrawing the Forces
posted at the Northward of that City, and incamping them ; the many objections they had to
the disposition that had been made of them, and the dangerous consequences they expected
from it; and desiring him to post such numbers of the New Levies in Albany, and to the
Northward of that City as might secure the same, & ease the distressed Inhabitants. To this
address M' Clinton only answered, that he should have expected to have been informed of the
subject-matter of it, before it was presented ; but that he should duly consider it, and have a
constant regard to the ease and security of the Province. But in a narrative of the case, on
which this address was formed (which he transmitted to the Board of Trade in Sepf 1747) he
observes, that 'twas by the advice of the Council that the Forces were encamped, and that his
orders left it to the discretion of the commanding Officer to chuse the ground. That
notwithstanding their desire to throw a Slur upon that Officer, he was fully satisfied, that the
Forces, when encamped were better disposed for the security of Albany than they had been
before. That he was convinced this address was only designed to raise clamour and
disaffection, not to redress any misconduct; for, if that had been their intention, they would
have applied to him in a proper manner at their meetings in Council.
On the 2S"= of August, M'' Horsmanden chairman of the Committee appointed on the 22'"'
to consider of the paper that day delivered to them by M'' Clinton, read and presented to His
Excell'^J' their Report thereupon ; but a debate arising, whether the Report should be received
or not, M'' Clinton said he should take further time to consider of it.
It does not appear by the Minutes of the Council that it ever was received â€”
On the same day M' Clinton, sent a Message to the Assembly, acquainting them, that he
could no longer continue the expences he had undertaken at the charge of the Crown of
furnishing with provisions the Independent Companies and New Levies, made in the Southern
Colonies, of securing the fidelity of the Indians, nor of sending out parties; that he therefore
â– recommended to them to find supplies for these purposes for two months, by which time he
hoped to be able to tell them the King's pleasure with regard to the Forces at Albany, and
whether any of the neighbouring Govern" would contribute to any of these expences. That
he could no longer continue the expence of transporting provisions to Saraghtoga and relieving
that P'ort ; that they must therefore provide for those expences which were greatly increased
since the Enemy's incursion on Burnet's field.
On the 2'"' Sepf a Committee of the whole house upon the above Message, came to the
That the Four Independent Companies of Fuzileers, ought subsist themselves out of their
pay, as they have always done unless posted in remote Garrisons ; that in such case the Colony
ever had and still would supply them with provisions.
That the Colony having always supplied its own New Levies with provisions, it was
unreasonable they should be burthened with those of the Southern Colonies, whose duty
LONDON DOCUMENTS : XXX. 669
it was, according to the Duke of Newcastle's letter, to supply each of its own forces
That the Gov"''' Message of the IS"" June 1746. having informed them, that he had the King's
orders to make such presents to the Six Nations as might effectually engage them in the war,
he ought to obey those orders, till they were countermanded, especially as the Colony was not
able to bear that expence.
That the Gov'' might safely continue the expence of relieving the Garrison at Saraghtoga
and transporting provisions thither in the manner he had already done, till he sliouid
That no additional allowance should be made to the Contractor for victualling the Garrison
That provision shall be made for the pay and subsistance of 150 Rangers for 50 days to
scour the woods in the County of Albany.
The whole house having agreed to these resolutions sent them up to the GoV desiring him
to give orders for levying and sending out the said 150 Rangers with all dispatch.
On the 9** a Committee of the whole house resolved to grant ^Â£9751, for the pay & subsistance
of the said Rangers for 50 days, and ^231.4' for supplying them with provisions, and ordered
a Bill to be brought in for that purpose. They also resolved to address the GovS that in as
much as there was reason to believe the Garrison at Saraghtoga would soon be obliged to
desert for want of provisions, he would give directions for the relief of that garrison, least the
Fort ettc. should fall into the Enemy's hands. That, if the New Jersey forces could be no
longer continued there, he would send a sufficient Number of the New Levies to that Fort for
its security; or if he had no longer the power of disposing of the New Levies, that 100 Men
of the Independent Companies might be posted there, and that they would make an allowance
for supplying them with provisions.
On the 10"" M"' Clinton, in a Message to the Assembly, acquainted them, that their resolves
of the 2"^ Inst: had given him great concern for the safety of the province, and reiterated his
demands of the 28* of August. He told them, that their refusals would oblige him either to
withdraw the Garrisons or suffer the Forts to be deserted. That notwithstanding the industry
with which doubts of his success with the Indians were propagated, the good effects of the
Treaty were now sufficiently evident, and that the King having at a great expence, recovered
the affections of the Indians, might justly expect them, to be at the charge of preserving
them. That he insisted on their making provisions at least for two months for those services
he had recommended to them ; that if they continued to refuse these supplies, they must be
answerable for all the misfortunes that might fall on the province in consequence of such neglect.
That unless the affection of the Indians was secured, it would be impossible to preserve the
Garrison at Saraghtoga, and therefore could not relieve it, till they had given a proper answer
to this Message.
On the 11"" the Assembly resolved to address M' Clinton on the subject of the Fort and
Garrison at Saraghtoga, and to repeat to him what they had desired in their address of the 9"".
On the 12"" a Committee of the whole house on the Gov'" Message of the 10"" came to the
That to require them to victual the Four Independent Companies was unreasonable, and
ought not to be complied with.
That the demand of Provisions for the Levies raised in the Southern Colonies was also
unreasonable and would, if granted, be a precedent very prejudicial to the Province.
670 NEW-YORK COLONIAL MANUSCRIPTS.
That the King's orders to make presents to the Indians, as mentioned in the Gov"' Message,
of the IS"" June 1746, did, in their opinion still subsist.
That they ought seriously to consider the inhancement of the price of provisions for the
Garrison at Oswego; and if the contractor should appear to be a sufferer, to do therein what
should seem reasonable.
That an address be presented to the Gov' concerning these Resolutions.
On the la"" M' Clinton suspended M'' Horsmanden from his seat in Council, who desired a
copy of the reasons for his suspension.
On the 22Â°'' ]Vr Livingston and INr Murray of the Council and M'' Verplank and M' Cruger of
the general Assembly were appointed Commiss" to meet those of the other Colonies, to concert
measures for the prosecution of the War, and encouragement of the Indians.
M' Clinton in his letter to the Board of Trade of the 27"" Sepf 1747. complains greatly of
the most unreasonable and unjustifiable opposition he had met with. He says that he had
several times passed over the most scandalous and false Reflections thrown by the Assembly on
his person and Administration, and begun a new, as if no such injuries had been done, that
their behaviour could only proceed, from the most malicious spirit of wicked Men, whose
design it was, to wrest the King's authority out of the hands of his Officers, and to place the
Administration in a popular Faction ; that they had refused to contribute anything towards
retaining the Indians any longer in their engagements, and were endeavouring to throw that
and every other expence of the intended expedition against Canada, upon the Crown. That
popular faction was become so generally prevalent, that without some extraordinary assistance
of Parliament, Gov" would not long be able to support the King's authority. That the first
means of checking the power of Factions would be to fix a certain support for the Officers of
Govern', which might be done by a Quit-rent on the lands equally rated, and that he believed
the papers ettc. he had transmitted, would evince the necessity of taking some such method.
That M'' Horsmanden having been the principal Actor in the opposition, and in forming the
Faction against his measures, he had suspended him from his seat in Council, and removed
him from all his Offices of trust. His reasons for which he inclosed to the Board, as well as
those for not having communicated the said reasons to the Council.
M' Clinton's reasons for suspending M' Horsmanden were :
1Â° That M'' Horsmanden had no where any visible Estate. That he was involved in debt
and in difficult circumstances ; for proof of which he refers to the general notoriety of the
Fact, and to Lieut' Gov' Clarke.
2'"' That he was a principal Actor in the Faction, that had been formed in the Province to
distress the Gov' and to gain the administration both. Civil and Military into their own hands.
That this was evident by the constant meeting of a Committee of the Council and Assembly,
who never made any report of their proceedings, tho' the resolutions of both. Council and
Assembly were directed by them ; that M' Horsmanden was one of this Committee, and referrs to
M' Peter Wraxall for an ace' of the proceedings of this Faction. That M' Horsmanden drew up
all the papers prepared by this Committee, particularly those entered in the Minutes of Council,
which have been already stated. That he was the Author of the late representation of the
Assembly, was proved by peculiarities of his stile, by the Affidavits of persons which were
annexed, and by interlineations in the rough draught made in M' Horsmanden's hand writing.
That it would appear also by an affidavit transmitted to M' Gearing, the Gov""' Agent, that M'
Horsmanden communicated the Minutes of Council to some of the Members of Assembly.
LONDON DOCUMENTS : XXX. 671
3''"* That the Faction had opposed or endeavoured to curtail all supplies, and had influenced the
Assembly to put the publick money in the hand of their own Dependants, without allowing
the Gov"' any power in the distribution of it, which the urgency of affairs had obliged him to .
submit to. For proof of this he referrs to the several Acts passed during his Administration for
granting supplies, & to his speeches and Messages to the Assembly.