subjects which relate to particular Counties, none of them of consequence to deserve your Lord's attention, except two. One entitled "An Act declaring certain persons therein mentioned incapable of being Members of the General Assembly of this Province"—an attested copy of which I inclose; as the Acts passed last session could not be transcribed for the seal before the Packet sails. By this Act, the Judges of the Supreme Court, and some other Officers of Govern' were made incapable of being elected Members of Assembly. The Council amended the Bill by striking out all the other Officers of Govern' to which Amendment the Assembly agreed.

The reasons given for this Bill are:

1st That none of the Judges in Great Brittain or Ireland are allowed to sit in the house of Commons.

2nd That in good policy, Legislation, and the Execution of the Law, ought not to be in the same person.

3rd That in all Elections the Judges must have an improper influence on the Electors. Lastly: It has been observed, that in former Assemblies where the Judges have had seats, they became attached to, or Leaders of Parties or Factions in the House, this gave a suspicion, that they were often byassed in their Judgement on the Bench, in favour of a party interest, all cause of jealousy of this kind ought to be avoided.

The present Assembly have repeatedly refused to admit Mr Livingston, who is a Judge of the Supreme Court, to have a seat in their House, upon a Resolve made by them in their former Session. This may be an unconstitutional power, assumed by the Assembly, and is therefore much more safely vested in an Act of the Legislature. At all events, I thought it for His Maj'7'* interest, that I should give my assent to the Bill, as thereby the matter is subjected to His Maj'J'' pleasure, which it was not, while it stood on a Resolve of the Assembly.

The other Bill which may deserve your Lord's attention, is entitled: "An Act to enable all "Persons who are His Maj' liege subjects, either by Birth or naturalization, to inherit and "hold real Estates, notwithstanding any defect of purchase made before Naturalization, within this Colony"—While this Bill was before the Council, I told them that, tho' the Bill in my opinion was framed with much equity, and not liable to the same objections with the Bill to which Sir Henry Moore refused his assent, yet, as the King's interest may be affected by it, I could not give my assent, without a suspending clause was added, which they did by an amendment and the Assembly agreed to it. On this occasion, I think it my duty to inform your Lord, that the reason of the Assembly being averse to suspending clauses, is, they tell me, that such Bills have often hung long in suspence, without being taken into consideration. All the Bills passed the last Session will be ready to be transmitted by the next Packet.

I inclose Your Lord the copy of an agreement made between General Gage and me, in pursuance of the Act of Parliament for applying the money granted by the last Act of Assembly, for the Troops quartered in this place. I doubt not, it will give Your Lord pleasure to find this Affair put upon a certain & regular footing for the present, and which must probably produce the like for the future.

I have the satisfaction to inform your Lordp that among the Bills passed this Session, is one for appointing Commiss's to meet CommissTM from the neighbouring Colonies, to fix on a general plan for regulating the Indian Trade. This was the best measure that could be taken upon His Majty's Gracious reference of this important affair to the Legislature of the several Colonies; and if properly adopted by all concerned, may produce the most beneficial plan. I have sent

copies of our Act to the Governors of the neighbouring Colonies, and have pressed them to procure the like to be passed in their Governt.

My Lord, it is my duty to inform Your Lord" that a violent party, continue their assiduous endeavours to disturb the Govern', by working on the passions of the populace, and exciting riots, who in every attempt they have hitherto been unsuccessful, The last, might have been of fatal consequence, if not prevented by the prudent conduct of the Magistrates and Officers of the Army. An ill humour had been artfully worked up between the Towns people and Soldiers, which produced several affrays, and daily, by means of wicked incendiaries, grew more serious. At last some Towns people began to arm, and the Soldiers rushed from their Barracks to support their fellow Soldiers. Had it not been for the interposition of the Magistrates, and of the most respectab[1]e Inhabitants, and of the Officers of the Army, it had become a very dangerous affair-as it was, only a few wounds and bruises were received on both sides. A very respectable number of the principal Citizens publicly met together, and sent 42 of their number to the Mayor, to assure the Magistrates of their assistance, in preserving the peace of the Town; and the Officers of the Army were no less assiduous in quieting the minds of the Soldiers, and in guarding against every accident, which might renew any dispute with the Towns people-since which, the place has remained quiet. It is not doubted here, that these disturbances were promoted by the Enemy of Govern', in order to raise an indignation against the Assembly (then sitting) for granting money to the Soldiers, who were represented as ready to cut the throats of the Citizens.

The persons who appear on these occasions are of inferior rank, but it is not doubted they are directed by some persons of distinction in this place. It is likewise thought, they are encouraged by some persons of note in England. They consist chiefly of Dissenters, who are very numerous, especially in the Country, and have a great influence over the Country Members of Assembly. The most Active among them are independants from New England, or educated there, and of Republican principles. The friends of the administration, are of the Church of England, the Lutherans, and the old Dutch congregation, with several presbyterians. From this, the reason will appear of some Bills having passed the House of Assembly in favour of the Dissenters, & in prejudice to the few ministers of the Church of England, who have stipends by a Law of this Provce. There was less opposition to them in that house, from the confidence they had, that they would not be passed by the Council-they were accordingly rejected there. I must leave it to Your Lord's judgement, whether these things deserve His Majty's attention, and I transmit to the Plantation Board a printed copy of the journal of the Assembly to enable you to form your judgem' thereon.

66

In my letter of January 6th No 8. I inclosed a printed copy of a libel directed: "To the Betrayed Inhabitants of the City and Colony of New York" with a proclamation I issued, with the advice of the Council, and on an address of the Assembly, offering a reward of £100 for the discovery of the author. One Alexander McDougal is now in Jail; committed on the oath of the Printer and his Journey Men, as the author and publisher of that Libel. He is a person of some fortune, and could easily have found the Bail required of him, but he choose to go to Jail, and lyes there immitating Mr Wilkes in every thing he can. When he comes to his Tryal it will appear what dependance we may have on a Jury of this place; the most respectable persons in the place, openly declare their opinion, that he highly deserves punishment.

My Lord, I now expect soon to remove from the Administration, on the arrival of the Earl of Dunmore. It gives me great satisfaction, that in this short Administration, I have had an opportunity of doing something of importance for His Majs service. That a good agreement has been supported between the several branches of the Legislature—the friends of Govern' encouraged―the promoters of discord checked, His Maj'*'1 gracious approbation of my conduct will make an old Man happy, and will prevent the unfavourable impressions which a sudden removal from Administration may occasion. This is however with great humility submitted by

My Lord,

Your most obedient and
faithful servant

Cadwallader Coldex.

Representation against the New-York Act incapacitating Judges from sitting in the

Assembly.

[New-York Entries, LXVIIL., p. 48.*

To the King's Most Excellent Majesty

May it please Your Majesty

We have had under Our Consideration an Act passed in Your Majesty's Province of New York in January 1770 intituled an Act declaring certain persons therein mentioned incapable

'JOHN MURRAY, 4th Earl of Dunmore, one of the representative peers of Scotland, succeeded to the title on the death of his father William, in December, 1756, and in February, 1759, married Charlotte Stewart, daughter of the Earl of Galloway, Hia commission as Governor of New-York bears date 2d January, 1770, and his administration of the affairs of that province commenced on the 19th October, 1770, and continued until the 9th of July of the following year. Ue was appointed to succeed Lord Botetourt ( who died in 1770) as Governor of Virginia, but remained in New-York for several months after his appointment, which circumstance excited some suspicion against him in Virginia, where he did not arrive until 1772. His subsequent conduct did not serve to allay those suspicions. In the summer of 1773 he visited the back settlements, and remained some time at Pittsburg, where his objects were to create a territorial dispute between Virginia and Pennsylvania, (See biography of George Croghan, supra, VII., 983,) and thus weaken the bond of union between those provinces. Fortunately his scheme was foiled by the sagacity and moderation of his Council, who left the matter to arbitration. With a view to distract the councils of the Patriots of those days, he is accused of having excited the Indian war which devastated the western settlements in 1774; but the Indians having been defeated at the mouth of the Kanhawa on the 10th of October, by the bravery of the Provincials, a peace was concluded which has since become famous in history by the celebrated speech of Logan to Lord Dunmore, who subsequently (22d April, 1775), in his zeal for the Royal cause, removed secretly the gunpowder from the magazine at Williamsburg to the Fowey man of war, off Yorktown, whither he soon after sent his family, and proclaimed Patrick Hsnby a rebel. His Lordship proceeded in a short time on board the Fowey, landed at Norfolk, where he seized the printing press and, on the 17th of November, issued a proclamation declaring martial law, and inviting the slaves to join the Royal standard. With this motley force, he kept up a series of marauding expeditions and burnt Norfolk on 1st January, 1776, but was forced to retire to St. Augustine, in the course of the summer, with his plunder. He was needy and came over, says Bancroft, to amass a fortune, and in his passion for sudden gain, cared as little for the policy of ministers, or his instructions, as for the rights of property, the respective limits of jurisdiction of the Colonies, or their civil and political privileges. To get money was the rule of action which included his whole administrative conduct. History of the United States, VI., 384. His name is included in the New-York Act of Outlawry of 1779. Lord Dunmore was appointed Governor of Bermuda in 1786, and died in England in 1809. His daughter Augusta, married the Duke of Sussex, 6th son of King George HILED.

of being Members of the General Assembly of this Colony whereupon we humbly beg leave to represent to Your Majesty.

That this Act being of a new and extraordinary nature & importance affecting Your Majesty's Prerogative &c and having on the ground of Reasons not applicable to the state of that Colony made a very essential alteration in its constitution, ought not in Our opinion to have been passed so as to have taken effect until Your Majestys Royal Pleasure could have been known for which reason We humbly beg leave without entering further into the merits of the Regulations it adopts, to lay the same before Your Majesty for Your Majesty's Royal disallowance. Which is most humbly submitted,

I have received, and laid before the King, your letter of the 27th February N° 9. together with the attested copy of the Act to which you have thought fit to give your assent, declaring the Judges of the Supreme Court incapable of sitting in the Assembly, and also the copy of an agreement entered into with Major General Gage, for the application of the money given by the General Assembly for providing necessaries for the King's Troops.

In my letter N° 37. I transmitted to you an order of His Maj" in Council disallowing the Act for emitting £120000 in paper Bills of Credit; & I now inclose to you a farther order in Council, disallowing the Act for explaining the duty of the Loan Offices, as being consequential of, and dependant upon, the other Law.

It gives me great concern, after having in my last letter signified to you His Maj" displeasure on account of your having assented to the paper currency Bill without a suspending clause, to be again under the necessity of taking notice of a fresh instance of disobedience to His Maju's Instructs, in the like assent given to the Bill for disqualifying the Judges from sitting in the Assembly; a Bill, which is not only of a new and extraordinary nature, in every construction of those descriptive words, but is evidently founded on reasoning and precedents not applicable to the State of New York.

What measures His Maju may think fit to pursue when this Act comes before him in his privy Council, I will not presume to say, but I have thought it my duty to loose no time in receiving the King's Commands to lay it before the Lords of Trade, in order that they may make such Report thereupon as they shall think fit, and 1 shall be very glad if your reasoning upon the Act shall furnish their Lords with any arguments to extenuate the impropriety of your Conduct in a case of so much importance to the King's Govern'.

After the experience we have had of the little utility on the one hand, and the dangerous use that has been made on the other of meetings of Commissioners from the several Colonies,

to consider of matters, in which they have a separate and distinct interest, I have at least great doubts of the propriety of giving encouragement to such a Congress for the purposes of. regulating the Indian Trade; and whatever your own opinion might have been of the expediency of such a measure, it is past a doubt, that you ought not to have given your assent to any Law for such a purpose without His Majesty's Directions.

At the same time that the King sees with just displeasure these instances of disobedience to His Instructions, His Maj" commands me to say, that as far as your conduct has been really intended, and has operated, to promote a good agreement between the several branches of the Legislature, to encourage the Friends of Govern' and check the promoters of discord, it will be considered with every attention due to its merit.

I am ettc..

I have received and laid before the King your Dispatch of the 10th of February N° 12. The matter proposed to the Confederacy of the Six Nations by the Cherokees is of great importance, and it is with concern His Maj' observes that the answer to be given to the Cherokees is made to depend upon your opinion and advice, by which, the King will stand committed in measures, which, if they adopt the proposition of a war against the Southern and Western Indians, are irreconcilable with the principles of humanity and if on the contrary they tend to union of Indian interests and Politics, endanger the security of His Majesty's Colonies by enabling the Savages to turn their arms against us.

This consequence however, which you seem to think would follow from discouraging a War against the Southern and Western Indians, is certainly to be avoided if possible, and therefore the King however unwillingly, cannot but approve of your adopting the alternative, and making the security of his subjects and the peace of the frontiers, the principal object of your attention at the Congress, but it would be most pleasing to His Majesty, if it could be attained without encouraging the Savages in their barbarous attacks on each other.

It would have been more fortunate, upon every consideration, that this Congress could have been avoided, not only as it does in its consequences involve His Maj' as a Party in a business of so disagreable a nature, but also as it will, I find, be attended with an expence beyond what your stated allowance will admit of.

The King however relies upon your assurances, on the one hand, that this expence is unavoidable, &, on the other, that the service shall be conducted with all the frugality and economy that is possible, consistent with the public safety; and, under these assurances, His Maj" approves of your applying to Major General Gage, who will have orders to defray what expence shall be absolutely necessary on this occasion.