USA > New York > The history of the late province of New-York, from its discovery, to the appointment of Governor Colden, in 1762. Vol. II > Part 10
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Mr. Clinton could not hope for any change of measures by the late dissolution. He saw Mr. Jones again speaker of the house, and all the chief leaders of the last came up to the assembly, on the 12th of February, 1748.
The first object was the execution of the plan agreed on by the commissioners, 28th of September last, approved by Connecticut, and, all but the
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eleventh article, by Massachusetts bay, with some alterations ; then he called their attention to the Indian interest, and the employing parties from these tribes to scour the woods; to the civil list not provided for last fall ; an augmentation of colonel Johnson's allowance for provisions to the garrison of Oswego; repairs of forts, and supplies of ammu- nition ; rewards for scalps; the maintenance of prisoners ; the charges of transporting and victual- ling the levies on the frontiers ; the removal of the cannon from Saratoga to Albany; necessary ex- presses ; gunsmiths in the Indian countries ; the rent of his house ; completing the new mansion in the fort, stables, and other conveniencies ; and, after persuading to harmony, promises his concurrence in all measures conducive to the king's service and the interests of the colony.
He had a very short address from the house, intimating their satisfaction in his promises, as ends truly worthy his pursuit ; promising attention and despatch, but expressing some discontent with Massachusetts bay, for not ratifying the compact framed by the commissioners.
The governor informed them of intelligence that preparations were making in Canada for an attack on the northern parts of this colony ; and hoped as Massachusetts had substantially concurred, their alterations in the compact would be no obstacle to our exertions against the enemy. But they imme- diately after voted, that the alterations would in a great measure defeat the end proposed, and that they would not agree to them.
He then communicated a letter from the duke of
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Newcastle, directing measures for cultivating the Indian fidelity, at the expense of the crown; and advised their improving this juncture for concerting some vigorous enterprise, in conjunction with the other colonies, against the common enemy.
On the 19th of March, and when no cross inci- dent had as yet intervened, the house adopted the measure, so often recommended, of appointing an agent in Great Britain. They voted two hundred pounds for this purpose, among the other provisions in the annual bill for the civil list; and, to facilitate the design, introduced the vote for an agent to apply for his majesty's assistance and to manage our public affairs, with the following preamble ; " As this colony is so situated, that its northern frontiers are a barrier and defence to all his majesty's other colo- nies to the southward on the continent, and lying nearest to the enemy, is continually exposed to their incursions and ravages ; to prevent which, it has long been, and still is, exposed to a very great and insupportable expense, in building fortresses and maintaining forces for its defence, being at this juncture obliged to keep nearly one thousand men in continual pay on its northern frontiers, by which means the southern colonies are in a great measure secured and defended from the incursions of the French and Indians from Canada, without contri- buting any thing towards the heavy expense thereby occasioned."
The real design of this was to elude the necessity of the governor's concurrence in a legislative ap- pointment of the person, and to engross the agent by his dependence solely on the pleasure of the
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house, for they meant to make him their own servant against the governor ; and the sequel will show their success.
Mr. Clinton repeated his instances, on the 30th of March, for an united attack upon the enemy, as conducive to our own safety; the recall of their emissaries from the Indians, with whom they were intriguing ; and to encourage the assembly, engaged at the expense of the crown, to keep any fort they might take. But he could only procure a vote ap- proving the design, and promising to pay the expense of commissioners in meeting to concert a plan ; and a few days afterwards the session ended, with appa- rent harmony, several bills having been previously passed, viz. for a military watch; building block houses ; the defence of the frontiers ; raising eigh- teen hundred pounds more for a college ; and the payment of the salaries of the governor and other officers for a year ; to which the assembly had also tacked a reward of one hundred and fifty pounds to Mr. Horsmanden, for his late controversial labours, under the pretext of drafting their bills, and other public service. But as it might have been, and perhaps was, foreseen, the house, just before they were called up to witness the governor's assent and subscription, named Robert Charles, Esq. for their agent at the court of Great Britain, and authorized their speaker to instruct and correspond with him, and at present to direct him to oppose the royal confirmation of a late act in New Jersey, respecting the line of partition, conceived to be injurious to this province.
Mr. Charles's appointment gave the highest plea-
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sure to the party who led the opposition against the governor, and not without reason; Mr. Warren's activity at Louisburg having procured him not only an interest at court, and a knighthood; but vast popular applause, and excited his hopes of procuring what his wife's relations of the Delancey family ardently wished for, his appointment to the govern- ment of this colony. The Newcastle interest in favour of the possessor, had hitherto rendered the colony politics unsuccessful, and there was a neces- sity for some pointed exertions against him by an agent at court, to improve and give them success. They now had this advantage ; and on the very day Mr. Charles was nominated, Mr. Speaker Jones despatched a letter to him, which, as it exceeded the authority given him by the vote of the house, gives some countenance to Mr. Clinton's assertions, which every one knew to be true, that the late assembly had been influenced from without doors .*
The governor and his assembly came together again on the 21st of June, when he informed the house, that unless the Indians could be engaged in some enterprise, he feared their total defection, and pressed the attack on Crown Point. He purposed to meet them and distribute presents, in July, at the expense of the crown; and proposed an act to prevent purchases from the Indians, of arms, am- munition, and clothing, and sales of rum to them, without his license. He asks for money for new fortifications, according to the plans of captain Armstrong, an engineer sent out to direct in that
* See note H.
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business ; recommends the defence of their com- merce against privateers then infesting the coast ; provision for maintaining French prisoners, and the redemption of our own people, and rewards for scalps.
Mr. Clinton had, on the 18th of February last, given the command of the troops in the pay of the colony, for the defence of the frontiers, to colonel Johnson-the same who, living in the Mohawks' country, on the route to Oswego, had been contrac- tor for supplying the garrison there with provisions, and he took this opportunity to ask an allowance for his trouble.
The house gave a vote of credit for a flag to Canada for an exchange of prisoners; expressed surprise at his urging the Crown Point expedition, since the Massachusetts province would not ratify the compact of the commissioners, and had with- drawn their stores from Albany ; agreed to take up the other matters recommended in the fall ; and now only sent up a bill, which was passed, agreeably to his own request in the message. They sat but ten days, and without open animosity, though a motion of colonel Beekman's had given an oppor- tunity to revive it.
Certain discharged soldiers of a company com- manded by captain Ross, raised for the Canada expedition, had sued, and others intended to bring actions against him, for their pay. The governor had written to a country court judge, and Cather- wood, his secretary, to the clerk and sheriff, against the issuing and service of the process. The house, agreeably to the motion, appointed a committee to
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make the proper inquiries, and report their opinion. But nothing further was done ; for the governor, upon sight of the journal, wrote to the speaker, owning that letters were written touching deserters, and only recommending it to the officers of the courts to put a stop to the claims of deserters with his majesty's arms and clothing, who had thereby forfeited their pay ; and that if this could be con- strued a violation of the laws, it was owing to inadvertency, and without any injurious intention, and that he was ready to recompense all damage the public had sustained. The house referred this letter to a committee of the whole, and took no further notice, at that time, of Mr. Beekman's information.
When they met in the autumn, (14th October,) he congratulated them on the prospect of peace, and complained of inequitable terms proposed by the governor of Canada for a release of prisoners ; and asked a five years' support, agreeably to precedent in the times of his predecessors, Hunter, Burnet, Montgomery, and Cosby ; said he had not started objections to the annual provisions on account of the war, the advice he then received, and his desire to give content ; but that he now thought it a proper time to resist the innovations which had weakened the king's government; that he should consent to their annexing the salaries to the officers in the act, but not to the officer by name. He then urged a discharge of two thousand one hundred and thirty- eight pounds, withheld from colonel Johnson, by reason of the deficiency of the fund out of which VOL. II,-19
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he was to be satisfied ; provision for arrears to the army, for expresses, the exchange of prisoners, and the finishing the new edifice at the fort.
This was raking up the old embers, and disagree- able to every body but Colden and Delancey. Their address intimated a disinclination to continue the rangers in pay ; that the three independent compa- nies at Albany (which ought to consist of a hundred men each) would suffice, with the old peace garrison at Oswego.
Their ill success in the Canada cartel, they impute to the low characters of the envoys he had sent to Mr. Vaudreuil, the governor of that country.
They declared that they would not depart from the modern method of annual support bills ; adding, with Mr. Horsmanden's pen, that " had the salaries been annexed to the office, himself (under the un- happy influence he then was) would have filled the office of third justice of the supreme court, with some unworthy person in the room of a gentleman of experience and learning in the law, whom you removed from that station without any colour of mis- conduct, at least as we ever heard of, under the sole influence of a person of so mean and so despicable a character, (as the general assembly has several times heretofore occasionally signified to you,) that it is astonishing to us that your excellency should persist in submitting your conduct to his sole council and guidance."
They told him not only that he was well advised when he first assented to the annual support, but that " he did it for ample and sufficient reasons, and good
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and valuable considerations, as we have understood, in acceding to those terms."
After a copy was sent to the governor, he signi- fied by a message, that they had shown no regard to decency, and that he should not receive such an address.
He then repeated what was most necessary for the public service ; says his envoys to Canada were the best he could get; and adds "you are pleased to give the characters of some persons that I have had better opportunities to know than you can have had ; however, I believe that by this paper, (the address,) some men's characters will be very evident to every man who shall read it, and who has the least sense of honour."
On this they made an entry of the declaration of their messengers, who were sent to know when he would receive the address in substance, that he said he had not seen a copy of it; on which they had given it to him without any order of the house so to do ; and thereupon they resolved, that it is irregular, . and contrary to the course of parliamentary proceed- ings, to send a copy, and that the governor had no right to insist on such a copy ; that it was their right to have access to him on public business ; that his denial of access was a violation of their rights, con- trary to his solemn promise to the speaker, tending to the destruction of all intercourse, and to the utter subversion of the constitution; and that whoever advised it, had endeavoured to create dissentions, stop the intercourse for public business, and is an enemy to the general assembly of this colony, and of the people whom they represent.
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Notwithstanding these violences, the governor passed three bills on the 28th of October : one for reviving that to raise eighteen hundred pounds for a college by a lottery : another to continue the duty act for the support of government ; and a third, for the payment of the forces. On the 12th of Novem- ber, he sent for them again, and passed three more bills, and then, in a speech in answer to their resolves, observed :
That it was his duty to preserve the king's autho- rity ; that they violated the rules of decency, and were answerable for the consequences ; that their right to access, and his promise to allow it, are con- nected, and both to be, when the king's service and the public good require it, of which he had a right to judge as well as they.
He then censures their appealing to the people instead of the crown, to whom he had told them he should send their paper of address.
He confesses that he passes some of their bills with reluctance, and only on account of the public exigencies ; and then put an end to the services of the year, by a long prorogation to the 14th of March.
The poverty and number of the public creditors, and the sufferings of the unredeemed captives in Canada, called for an earlier meeting of the assem- bly than the 28th of June, a season of all others most inconvenient to a senate of husbandmen, who were just then entering into their harvests. The governor had need, therefore, of an apology for postponing the session ; and his expectations of direction from government on the modern mode of providing annually for the civil list, was the pretext
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for this delay. The speech held up no other object to their attention ; what he demanded was a revenue, and the payment of debts, in a manner comformably to the directions of the king's commission and instructions. Having at the last session passed the revenue bill, without another to supply it, which had not been offered to him, he now observed, that there was money in the treasury granted to his majesty, not a farthing of which he could pay out. This he called an inconsistency, repugnant to the constitu- tion, prejudicial to the king's service, and which, he said, must be remedied ; and he required an answer in direct and positive terms, before they took up any other business, whether they would grant a revenue agreeably to royal directions, or not.
With a copy of his speech he gave them a clause of his commission, dated Sd of July, 1741, declaring it to be his majesty's pleasure, that all public moneys be issued by the governor's warrant, with the advice of the council, and disposed of for the support of government, and not otherwise ; with copies of the fifteenth and thirty-second instructions of the 10th of September, 1741; the former requiring, that no law for any imposition on wine or other strong liquors, be made to continue for less than one whole year ; and that all other laws for the supply and support of government, be indefinite and without limitation, except the same be for a temporary ser- vice, to expire and have their full effect within the time therein prefixed ;- and the latter, commanding him not to suffer any public money whatsoever to be issued or disposed of, otherwise than by warrant under his hand, with the advice of the council ; with
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leave to the assembly nevertheless, from time to time, to view and examine the accounts of money, or value of money, disposed of by virtue of laws made by them, which he is to signify to them as there should be occasion.
After seven days, their committee brought in their address, which was instantly approved, and the speaker ordered to sign the very copy prepared, of which mention is here made to show their unanimity, though the governor thought it, and not without reason, a proof of the resignation of the members to an implicit confidence in their leaders.
They tell him that his instructions are not new, though he insinuates that they are, but more ancient than the modern annual provision ; that they perceive no command for a five years' support, nor, that if the crown officers are paid, that it makes any difference whether the provision be annually, or for a given term of years ; that they retain the opinion they suggested last autumn, having since received no new light, that the distresses of the public credi- tors are imputable to his prorogation of the 12th of November, by which the application bill was lost : they remind him of their votes for the redemption of the captives ; and conclude with asserting, that " the faithful representatives of the people can never recede from the method of an annual support."
The governor refused to receive this address, until he had a copy of it; and they resolved as before mentioned, that he had no right to insist upon it.
He, on the other hand, alleged, that the king always had copies of addresses before they were
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publicly preferred, and that such had been the usage in this colony ; and that he claimed a right to know their transactions, because he had authority to restrain them to a due course. Taxing them with heat and precipitation, he observed, that they met after nine o'clock, when they received and approved the address; and that the messengers were with him for fixing a time to present it, before ten the same morning.
Confessing now that he had seen it in the minutes brought by the clerk, he informed them that they might present it immediately. This done, he ad- journed them from the 7th to the 11th; and the day after, by a message, he observes, upon the difference between his conduct and theirs, that after every prorogation, he spoke as though they had never disagreed, but that they constantly calum- niated his administration. He proceeds then to vindicate himself from the suggestions, that the non-redemption of the Canada captives was his fault ; that he could not find a man who would perform any services for them upon the credit of their resolves, nor was it to be wondered at, since they had not, though urged to it, paid the expenses . of the last flag, contracted on their vote of the 27th of June, 1748. He complains of their pervert- ing his speech, with a view to mislead; denies that his present demand was for a five years' sup- port, but that it chiefly referred to the method of issuing public money ; that he knew the sentiments of administration, " and they might have at least guessed at them, by the bill lately brought into parliament, and published in this place, for enforc-
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ing the king's instructions .* It is an essential part of the English constitution, that the power of grant- ing the money and of issuing it, be in different branches of the constitution, as the best method to prevent misapplication ; for if those who grant the money, had likewise the power of distributing it among their friends and relations, under any pre- tences of public service, there can be none to call them to account for misapplication." And again : " You have given money to private persons for services not recommended, and for services of which I to this day remain ignorant ; and by mixing of the grants in the same bill wherein you provided for the support of government, or other necessary services, you put me under the necessity of giving my assent to them, or of leaving the government without support. This is so dangerous an invasion of his majesty's prerogative, and so injurious to the people of this province, that you may assure yourselves it will not be suffered to continue."
He importunes them for satisfaction to colonel Johnson; and closes with entreating them to con-
* A bill to regulate and restrain paper bills of credit in the colonies, prevent them from being a tender, and to enforce the king's instructions. It was ordered to be brought in the 16th of February, 1749, by Mr. Horatio Walpole, Lord Dapplin, Mr. Alderman Baker, and others. It had been long in agitation at the board of trade, and was nearly on the model of one brought into parliament four years before. Mr. Charles gave early notice of it to the speaker, by a letter of the 2d of March, 1749. The last four clauses insidiously gave the royal instruc- tions the efficacy of laws. It was at first little adverted to, and when its ten- dency was discovered, the advocates disowned the intention ascribed to it. When the counsel were ready, (1st of May, 1749,) they were directed by the speaker to confine themselves to the first parts of it, in consequence of a declara- tion made by some of its promoters, that the other parts would be dropped. The bill, after debate, was postponed for further information concerning the state of the paper currency in the plantations, and the king applied to for orders on that subject.
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sider " the great liberties they are indulged with, and what may be the consequences, should our mother country suspect that you have a design to lessen the prerogative of the crown in the plantations.
"The Romans did not allow the same privileges to their colonies which the other citizens enjoyed ; and you know in what manner the republic of Holland governs her colonies. Endeavour, then, to show your great thankfulness for the great privileges you enjoy."
The house tells him, by another address, that he had renewed the differences by the demand of a five years' support. They had agreed suddenly to their last address, but it is true, and not the less so for being spoken in half an hour. They see still no reason why the captives were not released ; their waiting for accounts, was the cause of their delay in providing for the expenses of the late flag, and the satisfaction of colonel Johnson's demands.
To his boast, that he had neither invaded liberty or property, they reply with a wish, that the breach upon the stores at Albany, the letters to the judge, sheriff, and clerk of Dutchess, and his attempts upon the liberty of the press, were buried in oblivion. They submit to the judgment of the world, whether the object of his last speech is not an indefinite sup- port. They insist that many services are provided for by parliament, not recommended by the crown ; that for every provision they make, the act mentions the service ; that it is himself who endeavours to mislead the people. They admit it to be the usage of parliament to raise sums for uses, and leave the disposition to the king: but there is a difference between kings and governors-the case of a people VOL. II .- 20
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under the royal eye, and those at a distance. The king can have no interest disunited from his sub- jects, and his officers are amenable to justice in Great Britain ; but governors are generally stran- gers, and without estates in the places they govern ; seldom regard the welfare of the people ; uncertain in their stay in offices, all engines are contrived to raise estates ; and they can never want pretexts for misapplication, if they had the disposition of money ; nor can there be any redress ; the representatives cannot call them to account-they cannot suspend the council ; the lords of trade have thought it reasonable to oblige the assembly, as much as pos- sible, with the disposition of public money ; they will not believe the king has other sentiments.
The governor refused this address, but proposed to throw the services not recommended by him into a separate bill ; and sent them a copy of his twelfth instruction, importing, that for different matters distinct laws be enacted, but nothing foreign from the title inserted, and that there be no implicative repeals.
The house flamed again ; renewed their resolves on the right of access, and the enmity of his adviser ; refused to proceed, until they were satisfied for the injury their address received ; and that they would then provide for the public creditors, whose disap- pointments they impute to his prorogation of the 12th of November.
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