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 26
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judged sufficient to induce an approbation, you are to endeavour to prevent their being rejected until you can advise the general assembly of it, and have their further directions. An act having lately, as we are informed, been passed in the neighbouring colony of New-Jersey, for settling the boundaries between that province and this, which we apprehend may, in its consequences, greatly affect the property of many of the inhabitants of this colony, and very conside- rably diminish his majesty's revenue arising by quit-rents, you are to endeavour to prevent its receiving the royal assent, until this colony can have an opportu- nity of making their objections, and of being heard against the said act."
It is worth a remark, that Mr. Charles afterwards informed the speaker, that the septennial act had not been transmitted to the board of trade; and that Mr. Jones, in his answer by his letter of the 2d of June, 1749, writes thus :- " Since you cannot find that the act of this colony, for limiting the continuance of the general assembly, has ever been transmitted, you need give yourself no further concern about it, until you find it received at the office of trade and plantations." There wanted no motive at this time to censure the concealment of that popular law from the eye of the administration, if it could only be charged upon the governor : but the boldness of the measure is equal to the art of the leaders of the day when it passed. It remains a secret who advised to it, and perhaps because both parties shared in the guilt.
NOTE I .- Page 157.
Governor Clinton's letter of October 7th, 1748, was made use of before the commissioners for plantation affairs, at the hearing on the opposition to the confirmation of the Jersey act. Mr. Charles procured a copy of it, and trans- mitted it to Mr. Jones in his letter of the 12th June, 1753, and it gave such umbrage to the popular party of that day that it deserves a place in these notes : " MY LORDS,
"I some time since received a copy of an act, passed by the legislature of New-Jersey, for running the line of partition and division between that province and this, and was at the same time informed that the Jersey proprietors intended to apply for his majesty's royal approbation of the same. There have been many disorders committed on the borders of these provinces, occasioned by the lines remaining unsettled. Of some of these disorders I had information given me by the late governor of New-Jersey, by whom I was required to join in the settlement of the line, pursuant to acts then and still in force in both provinces for that purpose ; which I should have readily done, but, upon inquiring into the matter, I found that the sum of £300, formerly raised in this province by an act of the 4th of George I. had been long ago drawn out of the treasury and paid to commissioners and surveyors employed in that service, and are since dead, and no other money was ever appropriated in this province, for that ser- vice, that I can learn. I also found, that all the lands along the line, for many miles within this province, were granted away to private persons, upon trifling quit-rents to the owners of the lands. I referred the matter, and recommended an amicable agreement between them and the Jersey proprietors, who had a meeting for that purpose, but nothing was agreed upon. As it does not appear to me that the interest of the crown or of this province in general, are in any ways concerned in the matter, but only the patentees of the lands along that
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line, I shall decline giving your lordships any trouble in the affair, leaving it to the particular persons concerned to take such steps as they shall think proper. Thus much I thought it necessary to say, in order to explain the reasons of my conduct in this affair, and am with great esteem, &c.
" Fort George, in the city of New-York, 7th Oct. 1748."
NOTE K .- Page 237.
In noticing the ill success of the address of the house against Mr. Clinton, Mr. Charles' account of it (November 15, 1754) is this :- " Observing that your honourable house have not received any notification in form of their address to the king in December last, transmitted by the lieutenant-governor, I think it consistent with my duty, and the attention I owe to whatever proceeds from the general assembly, to inform you that his majesty has been pleased, by his order in council of the 6th of August, to reject the said address, upon a repre- sentation of the lords commissioners for trade and plantations, who have undertaken to verify the charge against the colony, containcd in the 39th article of instructions to the late sir Danvers Osborn, baronet. I am sorry to find that their lordships have been pleased to apply the words falsely and maliciously, made use of in your said address, to their representation of the state and condi- tion of the colony, instead of applying them to the suggested matter and supposed facts upon which that representation is thought to be founded, and against which you have desired to be heard-for this I take to be the obvious meaning and intention of your house in the use of those words." It was about this time that Mr. Charles framed a case for doctor Hay's opinion respecting the instruction, preparatory to his design of complaining of the offensive instruction in a petition to the king; but it cannot be ascertained that it was ever carried into execution. It is, however, here transcribed, to gratify the curiosity of the reader.
" Case of New-York .- Be pleased to peruse the speech, instructions, and address, contained in the printed votcs of the assembly of his majesty's colony of New-York, in America, the representation of the said assembly, and the address to the king.
" New-York is one of the most considerable of the British colonies on the continent of North America, under the immediate government of the crown. This colony belonged formerly to the Dutch, and, with a large tract of land, was called New-Netherland, which, in exchange for Surinam, was, by the treaty of Bredu, in 1667, surrendered by the Dutch to the English.
"All the British colonies, or most of them, have in them three distinct estates, in humble imitation of the excellent constitution of their mother country, viz. a governor, the representative of the king ; a council, which is legislative ; and likewise a court of judicature, resembling imperfectly the house of lords, and a general assembly, or house of representatives, resembling imperfectly the house of commons. The governor is appointed by the king; has a power of calling, proroguing, or dissolving the general assembly, and has a negative in all laws which, having passed the council and assembly, are presented to him. The council are appointed by the king, and, with the governor, form a council of state, are assistant judges to him, as chancellor, and in the court of appeal. As a legislative body, they sit distinctly, and without the governor, on all bills that either originate with themselves, or are sent up to them from the assembly. The general assembly, the free election of the people, choose their own speaker and
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officers; are judges of their own elections; prepare and pass bills in order to be sent up to the council; and claim a right that all money bills should originate with themselves.
" The manner of providing for the support of government in this colony, which has obtained for sixteen years past, has been thus : In September, yearly, (if the house is permitted to sit,) the assembly prepare and pass a bill, whereby provision is made for the usual yearly salaries to the governor, to the judges, and other officers and ministers of the government, for the ensuing year. At this season also, all claims and demands upon the colony being received, are ex- amined, and reported upon by the committee, who prepare their bill. Provision is likewise made for the discharge of those demands; these liquidated and settled; and the treasurer of the colony is by the said bill directed and empowered to pay the said salaries and debts to the respective persons named in the said bill, which having passed the assembly, is sent up to the council, and if passed by them, is sent up to the governor, and if passed by him, becomes a law of the colony, sub- ject only to the disallowance or repeal of the king.
" The credit of the colony stands unimpeached, and, in point of merit with the mother country, comes short of none of her colonies, particularly in the late war; and for seconding the views of the crown in the reduction of Cape Breton and Canada, they raised about fifty thousand pounds sterling, without desiring, as other colonies have done, any reimbursement from the parliament of Great Britain.
" Governor Clinton, the immediate predecessor of sir Danvers Osborn, took his salary annually, during the whole course of his administration, in the method before mentioned. It is true, that after having thus accepted of it about four years, he endeavoured to have it settled upon him for a term of years, as had actually been done upon several of his predecessors; but the assembly persisted in the refusal of it; whereupon, and upon sundry other disputes which have arisen between Mr. Clinton and several assemblies of the colony, a representa- tion to his majesty in council was drawn up by the lords commissioners of trade and plantations, ' whereof the agent of the colony could never obtain a copy, having received for answer to his application, that it was a matter of state ;' so that the colony has neither been made acquainted with the particular facts alleged against their general assemblies, nor have they been heard in their own defence.
" Sir Danvers Osborn succeeding to governor Clinton, carried out with him the said 39th article of instruction, but dying soon after his arrival in the colony, that administration devolved upon James Delancey, esquire, his majesty's licu- tenant-governor, who, with his speech to the assembly, laid before them the said instruction.
"Be pleased to understand, that the king has been advised to reject the address of the assembly, by an order in council of the 6th of August, whereof a copy is not to be obtained ; whereupon your opinion is desired, previously, upon the legality and the propriety of the agent's address, intended to be sent to the king ; then upon the following points relative to the 39th instruction :---
" Ist. Whether the natural born subjects of the king, in the British American colonies, are not entitled to the rights, liberties, and freedom of English subjects?
"2d. Whether the people, by their representatives in general assembly, are bound to obey the directions of the crown. signified in the commission and
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instructions to a governor, which, though a rule to him for his conduct, is not understood to be to the people the measure of their obedience?
"3d. Whether positive law only, be not to the people the only rule of that obedience ?
"4th. Whether a command to grant money, and that too in the particular manner prescribed by this instruction, and not otherwise, is constitutional and legal on the principles of British liberty and government?
"5th. Whether this instruction doth not destroy the freedom of debate essen- tial to the constitution of an assembly, in whom the crown admitted the power of preparing and passing bills for granting money ?
"6th. Whether the said instruction doth not destroy the like freedom of debate in the legislative council of the colony, subjecting them likewise, for the exertion of that freedom, to punishment by dismission ?
" 7th. Whether the power given to the governor over the counsellors by this instruction, doth not destroy a balance in the state necessary to be maintained between the governor and the people ?
" 8th. Whether the order to remove or suspend any counsellor, or any mem- ber of assembly, holding a place of trust and profit, or any officer of the government, because of voting contrary to the direction of this instruction, is compatible with British liberty and a British constitution?
"9th. Whether the power of punishing for lessening or impairing the pre- rogative, is not a very unlimited power and may be subject to very great abuse?
"And, in general, what are your sentiments touching the legality of this instruction ?"
The answer was :
"In general, I am of opinion that the address of the agent, intended to be presented to his majesty, is legal, and highly expedient ; and that the 39th instruction is a most ill-advised and intemperate measure, and subject to the several objections mentioned in the queries.
(Signed)
" GEORGE HAY,
" Doctors' Commons."
Mr. Charles, on the 19th December, appeared before the lords of trade, at their call upon the agents to show their authority, and he in particular was asked, whether he considered himself as obliged to correspond with the gover- nor of the colony, or to receive directions from him? His answer was, that " he had, in matters of public moment, several times addressed himself to the governor, and was always ready to receive and consider his commands." He then moved to know what was done on the assembly's representation of the last year. Was answered, "that it lay before them, and would be considered upon the appointment of a governor : that the aim of their board was to bring the province back to its ancient method of raising and issuing money ; and they had lately explained themselves fully in their letters to the lieutenant-governor, and that it remained with the assembly to do their part." "I then (continues Mr. Charles) took my leave of their lordships, after saying, that it could not but very sensibly affect New-York to find a measure of this nature confined to them singly, while all the king's governments on the same continent were permitted to provide for themselves by annual support."-Letter to the speaker. December 20th, 1754.
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NOTE L .- Page 371.
The documents and proofs respecting Mr. Colden's offer of the agency to Mr. Pownal, referred to in page 371, are the following :
CHARLES TO THE COMMITTEE.
Golden Square, London, 19th November, 1761.
It may not be improper in me to acquaint the general assembly that Mr. Pownal having desired an interview with me to communicate some letters that had passed between him and Mr. Colden, did inform me on the 12th instant, that the lieutenant-governor had some time before signified to him, that the agency of the colony would become vacant, and had made an offer of it to him, which he said he had refused as incompatible with his present station, but that. he had thereupon recommended a Mr. Burke for the employment. He then went on to tell me how much he was surprised to find by a late letter from Mr. Colden, that this was to be effected to my prejudice, which he said he never meant, and was far from wishing ; for that he had no otherwise recommended Mr. Burke than upon the suggestions of Mr. Colden, that there would be a vacancy, and then read to me the lieutenant-governor's letter of the 12th of August, and afterwards sent me copies from which the enclosed ones are faith- fully transcribed. I suppress my own reflections on this matter, and will only take leave to assure the house, &c.
COLDEN TO POWNAL.
New-York, August 12th, 1766.
Sir,
When I wrote to you on the 16th May, I had not so far recovered from a dangerous illness that seized me in April, as to be able to converse freely with the members of assembly in their last session, as I proposed to have done in relation to the agency for Mr. Burke. Since that time the speaker and prinei- pal members have been in the country. I have called the assembly to meet the first of next month. At that time I shall use my utmost endeavour to serve Mr. Burke, for I have it sincerely at heart, whether I continue in the adminis- tration or not. The principal objection is that he is not known to any person in this place, which I can no otherwise remove than by your recommendation of him, which I hope will have great weight. Some likewise are moved with compassion for Mr. Charles, who they imagine will be under difficulties if the agency be taken from him.
On the 17th July I received the honour of his majesty's commission, appoint- ing me lieutenant-governor. I think myself extremely obliged to your brother and to you on this occasion, as I make no doubt but his and your good offices with my lord Halifax have contributed much to it.
General Monckton's commission to be governor-in-chief of this province is expected with governor Hardy, who I am told was to set out in the beginning of July last. It is probable, therefore, that the duration of my administration will be very short. This, however, does not lessen the obligation I am under to my friends. My appointment does me great honour as a mark at least of his majesty's approbation, and of my lord Halifax's favour. In whatever situa-
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tion I may be, it will give me the highest pleasure to serve you in any shape, and I beg of you to lay your commands upon me, which I shall esteem as an honour to your most obedient servant,
CADWALLADER COLDEN.
POWNAL TO COLDEN.
London, February 9th, 1761.
Sir.
When I took the liberty to request your interest in favour of Mr. Burke to be agent for New-York, I asked it only in case of a vacancy, which you in your letter to me supposed would happen ; but it was very far from my intention to request any favour for him to the prejudice of Mr. Charles, the present agent, whom I really believe to be much better qualified to serve the province in that character than any other man, and therefore for his sake as well as for the public, I shall be extremely sorry if any misapprehension of my request to you should be of disservice to him.
I am sir, &c. JOHN POWNAL.
THE COMMITTEE TO CHARLES-Extract.
Mr. Colden has never recommended to the house or to any of its members that we know of, either Mr. Pownal or Mr. Burke. He has indeed proposed to a few members the appointment of another agent, and desired that the house would join him in appointing a new one. This when mentioned, was laughed . at, and treated with the contempt it merited. The general assembly will not suffer any governor to nominate or recommend an agent for them, and it was great presumption in Mr. Colden to mention any thing on that head. We are very certain that Mr. Colden, when he offered the agency to Mr. Pownal, must have known that it was not in his power to get any person appointed by his influence or recommendation. The motives that moved him, therefore, to make that offer, could only be to get Mr. Pownal's interest with lord Halifax to pro- cure a lieutenant-governor's commission. This is evident from his letter of the 12th of August, of which you sent us a copy. It thereby appears that he had received the commission, and that he was contriving excuses immediately to get quit of his promise. Mr. Colden has probably taken great merit to himself with his majesty's ministers in regard to the forwardness and zeal shown by the general assembly for his majesty's service in raising forces, &c. If he has, it is unjust ; for we can with truth affirm, that it was not on account of any interest or influence he had with the assembly, or the people of this colony, that they have come into the measures proposed by his majesty's ministers, but their zeal for the public service only.
END OF VOL. II.
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