own disposal; and this seems now the more necessary to establish a precedent that may prevent future disputes of the like nature. I am, My Lord, P. S. Your Lordship's most obed' Servt DUNMORE I neglected at my leaving England to sign a proxy for the house of Lords, I should be glad your Lordship would send me by the first opportunity one filled up with your Lordship's name you will allow me that honour. if Earl of Hillsborough. Lieutenant-Governor Golden to the Earl of Hillsborough. [Now-York Papers (Slate Paper Office) CLXIII.] New York, December 6,h 1770 My Lord, In my preceding of the 10th of last month I informed Your Lordship that Lord Dunmore had ordered the Attorney General to file a Bill in Chancery, for recovering from me half the salary and half the perquisites of Government, from the date of his Lordship's Commission to the day of his arrival. In that letter I insisted principally upon the favour which I presumed I was entitled from my faithfull Services to the Crown for upwards of fifty years past, often in most difficult Times, for which I had suffer'd greatly in my fortune. I may now add that the satisfaction which the People had in my Administration, since the death of Sir Henry Moore, contributed greatly to the Resolution which the Merchants took to import British Goods. After Lord Dunmore's arrival the principal and most respected Merchants to the number of 56, when they knew that I intended to retire to the Country, came in a body and thank'd me for my Administration. By the influence of these Merchants the resolution to import from Great Britain was earned. The Ministers, Churchwardens, Vestry & other principal members of the Church of England did the same: and since I left the town I have been informed that other distinguished bodies designed to have made me the same compliment had I not left the place sooner than was expected. My Lord Dunmore's demand I hope will excuse my mentioning these things to shew how much my Administration has contributed to his Majesty's Service by restoreing tranquility after the Province had been for some years in a most disorderly state, and to the renewing the Commerce between Great Britain and the Colonies for all the Colonies follow the example of New York. The Attorney General by Lord Dunmore's directions has, in the King's name, filed a Bill in Chancery, where Lord Dunmore is the sole Judge and is to receive the benefit of the suit, should the King recover; and Process has issued against me. It is therefore incumbent on me to shew to Your Lordship by what right I claim the whole Salary and Perquisites. Indeed Mr Smith whose advice Lord Dunmore follows must be convinced of my Right, otherwise he never could have advised his Lordship to bring the suit in Chancery, where his Lordship is the sole Judge. He must think that my title is such that Lord Dunmore could not recover in any other Court of Justice, or before a disinterested Judge. If we may judge from past conduct, Mr Smith takes a pleasure in throwing the Administration into disorder. The only pretence for bringing this suit in Equity is to discover the Perquisites which I have received: whereas every farthing I could receive will appear in the public Offices. I never received any private fee or Reward for any service of any kind. No other pretence or title to Equity is made use of in the Bill. My Lord, the whole Salary is given to me by the authority of the Legislature of this Province. Any perquisite which I received was a voluntary donation for services done to individuals, and I think no man can have a right to any part of them, who performs no part of the service. In King William's declaration relating to the Salary of the Governors of the Colonies, which, tho obselete, is made the foundation of this suit, only half the salary, in case of the Governor in Chief's death, is reserved, without any reservation of the perquisites. At that time the Assembly granted a sum in gross for the support of Government, and the King granted a certain sum out of that to the Governor for his Salary. But after Col. Cosby had made a similar demand to this now made on me, the Assembly granted a support of Government only from year to year, and have fix'd and given the Salaries of all the Officers, annually, by act of the Legislature. No instruction has been given since that time by which the King reserves any Part of the Salary or Emoluments or Perquisites from the death of one Governor in Chief to the arrival of another. Many instances occur when the administration of Government has been in the hands of a Lieutenant Governor, or President of the Council, from the death of one Governor in Chief to the arrival of another: but no instance can be given, at least in sixty years preceding, where the Lieut. Gov' or Commander in Chief for the time did not receive and retain for his own use the whole salary and the whole perquisites. Lord Dunmore haveing ordered this suit to be brought before himself in Chancery, no man can doubt of his resolution to give a Decree in his own favour. I must plead and demurr, for which I have the greatest cause, but as I expect his Lordship will overrule my Plea and Demurer, I am resolved to appeal to the King for Justice, and have order'd Council to be retained in England for that purpose. You may immagine, My Lord, what impressions their proceedings make on the minds of the People, and particularly in my case, in prejudice to his Majesty's service; and you may be assured, My Lord, the impression is universall on all ranks of People. I have presumed to write thus freely to Your Lordship that his Majesty may interpose his authority in ordering the Bill to be dismissed. This I not only pray in justice to myself, but likewise to remove the prejudices which the People otherwise may entertain of his Majesty's Ministers and which may be prejudicial to his Majesty's Service. If Lord Dunmore thinks proper he may sue at Common Law. As I am conscious of my dutifull endeavours in his Majesty's Service, for a series of many Years, I flatter myself that Your Lordship will think this affair deserves Your attention: and you'll please to make a full Representation of my humble prayer to the King, that his Majesty may please to order the Bill in Chancery to be dismissed. If the suit be suffer'd to go on it will be attended with distressing expence to me, while Lord Dunmore by sueing in the King's name is freed of all Expence. The consideration of what I now write is submitted to Your Lordships honour & Justice, in which great confidence is placed by, My Lord, Your most obedient Right honourable Earl of Hillsborough and faithfull Servant CADWALLADER COLDEN. one of his Majesties Principal Secretaries of State. N° 4. My Lord. Earl of Dunmore to the Earl of Hillsborough. [New-York Papers (State Paper Office) OLXIII.] New York 6th December 1770 I have received the Duplicate of your Lordship's private and confidential letter N° 41 not yet come to hand. This City, My Lord, is in the most defenceless State; the works which have from time to time been erected for its protection are so injudiciously constructed that were they still in good repair they would afford but little security to the place; and tho there is a considerable number of cannon in a disorderly manner, laying on these works, no care having been taken them, many of them must be unfit for service, and their carriages are all entirely useless. The Militia also having been for several years past without exercising would be of little use in their present state and they are so scattered as to make it difficult to collect them on an alarm. I assembled the Council to advise with on the necessary steps to be taken for putting the province in a condition to resist the sudden attempts of an enemy; they are of opinion that the Frost being set in, and the earth so hardened it would be impossible to accomplish any additional fortification or even temporary batteries, which indeed could we effect we should not be able to mount cannon upon for the reasons above mentioned: but notwithstanding this I would not have your Lordships apprehensive on our accounts, the severe weather and great quantity of ice on these coasts gives no little to fear about the approach of an enemy, during the winter and the Assembly being to meet the lllb Instant I shall recommend to them to provide every thing that may be necessary for the safety of the province, against the time that the season will enable us to employ them, and in the interim your Lordship may depend on my taking every precaution that the circumstances of the Colony under my command will admit of, although I am not inclined to beleive we shall find them necessary; the spirited and vigorous measures adopted by his Majesty's Ministers to vindicate the honour of the Crown, will I am persuaded induce the Spaniards to make concessions rather than expose themselves to the merited vengeance which they will perceive so ready to fall upon them. I am daily made acquainted (as by the inclosed Deposition Your Lordship will see) with fresh disorders and disturbances happening in the disputed Lands between New Hampshire and this Province, a number of reduced officers and soldiers of his Majesty's troops, are suffering the most cruel hardships while they remain in suspense. I am therefore constrained to press Your Lordship to consider immediately their unhappy condition & send me forthwith instructions that may enable me to releive them and establish order and Justice among a number of his Majesty's Subjects that are now in so affecting a manner without either. I am, My Lord, Your Lordship's most obedient Servant Dunmore P. S. In my letter N° 2 to your Lordship I gave an account of a Report of the plague's having broke out in the Island of Hispaniola, since which many vessels have arrived from that quarter, who have all contradicted the said Report, which we also now beleive to have had no other foundation than perhaps a violent fever then raging. Earl of Hillsborough. Earl of Hillsborough to the Governors in America. [Plantations General ( 8. P. O. ) CCLTI. ] Ld Hillsborough's circular to the Governors in America excepting. Bermuda The house of Commons having voted an augmentation to the King's forces, consisting (among other particulars) of an additional light Company to every Battallion and of 20 men to every company on the British Establishment, and it being of great importance in the present situation that the several Battalions now serving in America should be completed as soon as possible. I am commanded to signify to you His Maj'*'' pleasure, that you should exert your utmost endeavours to give efficacy and dispatch to this plan of augmentation, by assisting His Maj**'s Officers to raise such a number of Recruits as shall be sufficient for that purpose.* to end at the word giving every encouragement in your power, that may induce His Maj** faithful subjects to engage in a service so essential to their security & defence; and I think it fit to press this matter with the greater urgency, as nothing has happened since my secret and confidential letter of the 2S"1 Sepf to strengthen the hopes I then expressed that the peace might still be preserved, and consequently every motive for a vigilant attention to the security of every part of his Maj1*'* dominions still exists in its full force. The charter and proprietary Govnts purpose. I have not failed to lay before the King your Lord's letter to me of the 24th October, acquainting me with your safe arrival in your Govern', and with the favourable reception your Lord met with, since which his Maj" has been graciously pleased, in consequence of the death of Lord Botetourt,1 to nominate your Lord to the Govern' of Virginia, and it is a great pleasure to me to have the honor to acquaint your Lord with this mark of his Maj'* favour. 1 NORBONNE Berkeley wai the son of John Symes B. and of Elizabeth Norbonne of Calne, Wilts. He was colonel of the North Gloucestershire Militia in 1761 and represented that shire in Parliament; he held the office of groom of the Bedchamber, at £1000 a year, and was second to Lord Talbot in the duel with Wilkes, in October of 1762. He was called to the House of Lords in 1764 by the title of Baron de Botetourt. Having ruined himself by gambling, he became, says Junius, "a cringing, bowing, fawning, sword-bearing courtier" and was appointed in 1768, Governor of Virginia. "It was not Virginia," adds Junius, "that wanted a governor, but a court favorite that wanted the salary." Orenville Paper*. However unfavorable the character of him, drawn by his political enemies, it is but justice to state that during the short period he administered the government of Virginia, viz., from the fall of 1768, until his death in the fall of 1770, he enjoyed the respect and love of the colonists. Profoundly penetrated by the remembrance of his many virtues, the members of the House of Burgesses ordered a fine marble statue to be erected to his memory; it is still standing in the town of Williamsburg. Lord de Botetourt having died without issue, the title became extinct. - ED. The Commission appointing your Lord to that Govern', together with the Instructions necessary to accompany it, are preparing with all possible dispatch, and so soon as they have passed through the several Offices, I shall have the honor to transmit them to your Lordp, together with such further directions as may be necessary in consequence thereof. Inclosed I send your Lordp an order of His Maj'* in Council disallowing four Acts Passed in N. York in 1767, 1768 and 1769. and I am to signify to you His Majv'* commands that you do cause this order to be published in such a manner as has been usual on like occasions. The inclosed copy of the Board of Trade's representation upon these Acts, which I transmit to your Lord for your private information, will fully acquaint you with the grounds and reasons for disallowance of them. I have received Your Lordship's circular letters dated Nov 15th 1770 with his Majesty's most gracious Speech to both houses of Parliament. I ardently hope the issue of the event taken notice of therein and referred to in Your Lordships secret and confidential Letter of the 28th September may correspond with his Majesty's wishes to preserve the public tranquillity. I will immediately in obedience to his Majesty's Commands signified to me by Your Lordship represent to the Council & Assembly the state of the Indian Complaints, according to the Extracts enclosed with Your Lordship's letters, and urge them to fall upon means that may answer his Majesty's desires of preventing such abuses, and removing all subject of Complaint from the Indians; but at the same time I cannot forbear expressing my doubts that regulations, which, to answer the end proposed, ought to be general, & equally well observed thro' all the Provinces, should ever succeed, when made by the different Legislatures separately. I am therefore of opinion that a plan for this purpose which might be effectual must spring from and have the authority of Parliament. Not a day passes without fresh applications from the distressed Officers and Soldiers of His Majesty's troops who have been so long in suspense about their Grants of the New Hampshire Lands, this obliges me again to press Your Lordship to consider my Letters on that subject N°* 2. 4. & 5. I inclose to Your Lordship the Copy of an Act of this Legislature passed in Jañry 1770 and before transmitted by Mr Colden, with an intention of reminding Your Lordship that we are still ignorant whether his Majesty has approved of it or not, it being suspended in the mean time I must beg Your Lordship to signify to me by the first opportunity, his Majesty's pleasure thereupon: it will, if approved of, releive many industrious and useful people from under much anxiety, and does not appear to me that it can be attended with any prejudice to his Majesty's interest, or that there are any reasons to object to the Law. |