case, must strike every Man of common sense. The impression it must make on the minds of the People, may have a dangerous effect during His Lord'* Administration-These things are too evident not to draw your Lord' immediate attention, and I hope His Majv' wise and gracious interposition will prevent the bad effects. I intreat your Lord' favourable intercession, and that you will be pleased to lay this representation of my case before his Majw: I have the honour to be. ettc. CADWALLADER COLDEN. N° 2. My Lord, Earl of Dunmore to the Earl of Hillsborough. [New-York Paper. (8. P. O.) CLXII.] New York. 12. Nov' 1770. Nothing of a public nature has occurred within the little time I have been arrived, except the addresses of congratulation on my arrival, which being full of sentiments of Loyalty and affection to His Maj' person and Govern', I have thought proper to send copies of them, imagining they might be acceptable. I found the Assembly prorogued to the 7th of Nov', and I have with the advice of Council, farther prorogued it to the lL,h of December, then to meet to do business. The situation of the people of this ProvTM, in the Counties of Cumberland and Gloucester, on the Borders of New Hampshire, is truly lamentable; a number of disorderly people are continually committing Riots; a recent tumult has obliged me to issue a Proclamation for apprehending the Offenders, a copy of which is herewith transmitted to your Lord>\ but the authority of the Civil Magistrate will avail little, when even the Courts of Justice are obstructed, and their proceedings stopped. The Rioters are instigated to commit those outrages by the people of New Hampshire; suggesting that the Magistrates and Courts of Justice established in the said Counties act without good authority, for they assert, that His Majv intends to recall his Royal order, already issued, and to declare the above said two Counties to be within the Jurisdiction of the Provce of New Hampshire. Your Lord will observe by the Proclamation already mentioned, that I have contradicted this Report, and affirmed the above suggestion to be false. Their only encouragement in this opinion seems to be the restrictions laid upon the Gov' of this Provce, with respect to granting the Lands within the said two Counties; and here, I cannot but observe what in truth is very obvious, that such restriction obstructs the settlement of that Country, not only by excluding fresh people from settling there, but the frequent disorders, which it has given a sort of sanction to, entirely prevents the Industrious efforts of those already settled; it therefore appears to me that it is become highly necessary, that the said restriction should be taken off forthwith, that I may thereby be enabled to exert my endeavours for the full settling of that Country, and then, the disorders complained of, will of themselves subside, but which at present can not happen, from the thinness of the Inhabitants; there not being enough for the appointment of Magistrates, consequently those few are but very insufficient of themselves, to enforce their own authority, against those daring violators of the peace supported as they are, by their whole province. I have made it my business to enquire and find out the opinion of the people here, on the scheme in agitation of establishing a Colony on the Ohio; I find, all who have any knowledge of such affairs concurr in condemning the project; they alledge among a variety of reasons, that a Colony, at such an immense distance from the settled parts of America and from the Ocean, can neither benefit either those settled parts or the mother Country; that they must become immediately a lost people to both, & all communication of a commercial nature with them, be a vain attempt, from the difficulty and expence attending the Transport of commodities to them, which would so enhance the price thereof, as to make it utterly impossible for them to purchase such commodities, for they could not raise a produce of any kind, that would answer so difficult and expensive transport back; such Colony must therefore be their own Manufacturers; and the great expence of maintaining Troops there for their protection be a dead weight on Govern', without the hopes of reaping any advantage hereafter. The scheme alarms extremely all the settled parts of America, the people of property being justly apprehensive of consequences that must inevitably ensue; that such a Colony will only become a drain to them (now but thinly peopled) of an infinite number of the lower Class of inhabitants, who, the desire of novelty alone will induce to change their situation; and the withdrawing of those Inhabitants will reduce the value of Lands in the provinces even to nothing, and make it impossible for the Patentees to pay the Quit Rents; by which, it is evident, His Maju" Interest must be very much prejudiced. Add to this the great probability, I may venture to say (with) certainty, that the attempting a settlement on the Ohio, will draw on, an Indian war; it being well known, how ill affected the Ohio Indians have always been to our interest, and their jealousy of such a settlement, so near them, must be easily foreseen; therefore, as such a war would affect, at least, the nearest provinces, as well as the new Colony. Your Lord must expect those provinces, will not fail to make heavy complaints of the inattention of Govern' to their interest. I cannot therefore, but think it my duty to recommend to your Lord, not to suffer this scheme to have effect, at least, until your Lordp shall have, from the most substantial and clear proofs, be made thoroughly sensible of its utility.—I am. My Lord Your Lord's most obed' humble serv' P. S. I have just received intelligence, that the plague is actually raging on the Island of Hispaniola, I have had the person who brings this advice, examined before the Magistrates, and send to your Lord his Deposition. And have also made all the disposition this place admits of (there being no established health Office) for preventing the approach of Ships from them ports, until they perform a Quarantine. N° 15. Earl of Hillsborough to Sir William Johnson. [Plantations General (S. P. O.) CCLVI.] Whitehall. 15 Novr 1770. Sir, I have received your Dispatch N° 14. and have laid it before the King. The preventing the six Nations from engaging in a War with the Western Indians & from entering into a Confederacy with the Southern Indians for that purpose were very important objects of the late Congress and so far as your negociations have had the effect to answer those ends this Congress has undoubtedly been of great public utility; but I must observe that the reality of these advantages seems very much to depend upon the Answer, which the Six Nations shall give to such terms of accommodation as may be proposed by the Western Inds in consequence of the Messages that have been sent to them. In the mean time I have receivd the Kings Commands to signify His Maj'*' pleasure to the Governors of several Colonies connected in interests with the six Nations, that they should not fail of pointing out to their respective Assemblies, the immediate necessity there is from every consideration of justice, policy and interest to make immediate and effectual provision for regulating the commerce upon such a plan as shall be satisfactory to them and for the Redress of those injuries and grievances of which, they so justly complain. I am ettc. HILLSBOROUGH. Sir, Earl of Hillsborough to the Governors in America. [Plantations General (S. P. O.) COLVI.] Circular letter from Ld Hillsborough to the Governors of Quebec, New York, New Jersey, Virginia, N° Carolina, Maryland & Pennsylvania. Whitehall. 15 Nov 1770. The inclosed extract of a letter I have very lately received from Sir William Johnson, will fully inform you of the complaints made by the Six Nations of Indians, and their allies & confederates, at a congress held in July last at the German Flatts, of the abuses and violences committed by the Traders and frontier Inhabitants of several of His Majty'* Colonies, and the inclosed extract of the Conferences will point out to you how earnest the Indians have been in those complaints, and what is likely to happen if they are not redressed. After the King had thought fit, from a regard to the Claims and opinions of the Colonies to leave it to them to make such regulations concerning the Indian Commerce, as they judged proper, there was good reason to hope, that a matter on which their interest and safety do so much depend, would have been an immediate object of their serious deliberation; but as contrary to all expectation, nothing effectual appears yet to have been done, and as the Indians have in the strongest manner expressed their impatience, under the abuses to which they are constantly exposed, the King has commanded me to signify his pleasure, that you should + Omitted to Depty. without delay represent this matter in the strongest manner to the Council and + Assembly of the Colony under your Govern and urge them in his Maj'' name to, fall upon some means of putting Indian affairs under such regulation as may have the effect to prevent those abuses of the Trade and those violences and encroachments of the frontier Inhabitants, which the Indians so justly complain of. I am ettc. Govr. of Pennsyl vania. (the words under lined omitted to Quebec.) HILLSBOROUGH. Earl of Hillsborough to the Attorney and Solicitor Generals. [Plantations General (8. P. O) CCLVL ] Gentlemen, Whitehall. 3. December 1770. I am commanded by the King to desire you will report me your opinion whether His Maj" may in time of peace, order an embargo to be laid upon all ships and vessels laden, or to be laden, in the different Ports in His Majlie" Colonies and Plantations in America, with provisions and warlike stores, and cleared or to be cleared out for any Port or place not belonging to His Maj'.—And if such embargo may be laid, what will be the regular mode of laying it, whether by order of the King in Council, by Proclamation, or by the King's pleasure signified by the Secretary of State, to the respective Governors of America? As it is of very great importance to the King's service, that no time should be lost in this business, I am to desire your answer with all the Dispatch that may be. I am ettc. Hillsborough. Attorney and Solicitor Generals to the Earl of Hillsborough. [Plantation! General (S. P. 0.) CCLTL ] To the Right Honourable The Earl of Hillsborough one of His Majesty's Principal Secretaries of State. 4. Decembr 1770. May it please your Lordship. In obedience to your Lordp's. letter of the third instant desiring we would report to you our opinion whether His Maj" may in time of peace order an embargo to be laid on all ships and vessels laden or to be laden in the different Ports in His Maj'*'" Colonies and Plantations in America with provisions and warlike stores, and cleared or to be cleared out of any port or place not belonging to His Maj' and if such Embargo may be laid, what will be the regular mode of laying it, whether by order of the King in Council, by Proclamation, or by the King's pleasure signified by the Secretary of State to the respective Governors in America. We have taken the same into consideration and We humbly represent to your Lordp, that the authority of the Crown to lay an Embargo, has never, that we know of, undergone a judicial decision; but as the Crown has constantly exercised such authority, when the exigency of the case has required it, in time of actual war, 1make preparations which are legal justifiable by the occasion; and that such demonstrations may be made of hostility and such. alarms may be given by foreign nations as may create the most instant necessity to prohibit the furnishing them with warlike stores; and under those circumstances, we think, an Embargo upon such articles will become, like other preparations for war, legal and justifiable by the exigency of the occasion. This notion comprises the American Colonies as well as the rest of 1 Sic. Qu? it may make. — ED. His Maju Dominions; and we think that the proper method of doing it, is, by Proclamation or order in Council. All which, is humbly submitted to your Lordships consideration. W De Grey.1 E. Thurlow.2 My Lord, Earl of Dunmore to the Earl of Hillsborough. [New-York Papers (Stato Paper Office) CLXIII.] New York, 5th December 1770. In consequence of the order I obtained from Your Lordship, soon after my arrival I made a demand on Mr Colden for half the emoluments &c according to the said order, which he has thought proper to refuse complying with, and to deny the King's right of disposing of any part thereof & firmly asserts the whole of it to be his own property; his argument or rather subterfuge is, that untill the commission of the Governor be published in form in this place, the Lieutenant Governor or other Commander in Chief is entitled to the whole Salary, emoluments &c. I have consulted all the most eminent lawyers here, and they all agree, without hesitation, in a contrary Opinion to Mr Colden: persuaded therefore that Your Lordship would not be inclined to give up a right of his Majesty's, which appears so well established; I have required the Attorney General's opinion how to proceed: he has advised that it should be made a case in Equity, and the suit carried on in the name of the King, by which means it may be brought on before me. I understand Mr Colden is now forming a Petition to his Majesty setting forth the great hardship intended him by this order, and alledging his services of which I do not take upon me to judge, or how far his Petition should be listened to, but I must beg leave to suggest that it is incumbent on Your Lordship, not only to insist on his complying with the order, but to require a faithfull account from him, in the name of his Majesty, of salary, emoluments &c from the very day the Government devolved upon him to the day of my arrival; that although it should be thought proper afterwards to consider his services, and allow him to keep any part, that he may be made sensible, which he is far from being at present, that it was intended as a Reward from his Majesty, that he had not been required to account for the whole of the moiety reserved by his Majesty for his 1 William De Gbkt, 3d son of Thomas, of Merton, in Suffolk, England, was born 19 July, 1719, educated at Trinity Hall, Cambridge, and studied law at Lincoln's Inn. He was appointed King's Counsel 30th January, 1758; Solicitor-General to the Queen, September, 1761; was elected to represent Newport in Cornwall in 1762; appointed King's Solicitor-General 16 December, 1763, and Comptroller of the Revenue of the First Fruits and Tenths; Attorney-General 6 August, 1766, and was Knighted and appointed Chief Justice of the Common Pleas, 26 January, 1771, which office he resigned 8th June, 1780; he was created Baron Walsingham 17th October following, and died 9th May 1781. Debrett. 2 1 EDWARD THURLOW, afterwards Lord High Chancellor of England, was the son of the Rev. Thomas, rector of Ashfield, in Suffolk, and was educated at Canterbury School, and afterwards at the University of Cambridge. In 1770 he was appointed Solicitor-General, in place of Dunning, and in 1771 succeeded Sir William de Grey as Attorney-General. He was appointed Lord High Chancellor in June, 1778, when he was created a peer by the title of Baron Thurlow; he resigned the great seals in April, 1783, was again appointed to the Woolsack in December following, and again resigned in 1792. His Lordship died, unmarried, 12th September, 1S06. Debrett. Ed. |