of Westminster is parcelled out to so many different officers, who aid, check and controul each other for the common safety He is therefore, My Lord, in effect as the Gentlemen of the Law assure me, Prothonotary, Chief Clerk, Clerk of the Crown, Secondary, Filazer, Chirographer, Examiner, Clerk of the Judgements, Clerk of the Dockets, Clerk of the enrolments, Clerk of the Essoins, and has some other offices of less consideration.

I am not able to inform your Lordpp' of the amount of the income of these employments, which have been in the hands of the Petitioner and his Father or their Deputy, together with the Surrogacy of the prerogative Court, for near seventy years, but priviledged as the Secretary has been of Acting by a Deputy, who has many advantages in the Land granting Departm from his connection with the great Seal, this station is one of the most important in the Colony, and allowing for his savings by the difference in living, and the Gov's expenses in support of the dignity of his Office, it is perhaps at least as lucrative as that of the Commander in Chief.—

Your Lordpp> will permit me to add, in justice to myself and my successors, that if the Registers Office is in the Gift of the Gov', either by virtue of his authority as ordinary, or by the Act of 1692, it is the only one by which he can without loss, support the expense of his own Secretary, there being no provision for that Officer, and the growing business of the Colonies, rendring such a place more and more necessary, and calling for such confidence and abilities, as no contracted income will command. In behalf of the appointment of Mr Fanning a native of this Province, I can assure your Lordpp* it was made on the principles of grateful acknowledgment to that Gentleman's eminent services to the Crown in the late disturbance in North Carolina, though but a small recompence for the injuries and insults he received with all the aggravating circumstances of cruelty attending them, both in his person and in his property, himself being inhumanly beat and abused in the attack made by a lawless Banditti, upon the Officers of public Justice during the sitting of Hillsborough Superior Court, and his house pulled down, his furniture and effects destroyed to the amount at least of twelve hundred pounds sterling, and for no other cause, than that he with more determined spirit than others opposed their wicked designs—A Gentleman, My Lords, that on the auspicious 16th May, Her Majesty's Birth day, headed two hundred Men at the Battle of Alamance, and by his brave example, contributed to the success of that day.

I shall enclose under this cover several papers that may throw light upon the controversy, and perhaps be not easily found in the Plantation Offices, and confiding in your Lordpp* favourable and just representation to His Maj" of the motives of my conduct in the matter of Mr Clarkes complaint

I have the honour to be with all possible respect—My Lords ettc.

Lieutenant-Governor Golden to the Earl of Dartmouth.

[New-York Papers (8. P. 0.) 0LXV.]

Wm TRYON.

New York. Dec 1. 1772.

My Lord,

The benevolence by which your Lord is distinguished, and that intimate knowledge of Govern' to which you are led by your eminent rank and station, give me the strongest

confidence that you must think it is as necessary a maxim in good politicks, to reward and respect the faithful and diligent officer, as to punish the reverse; and that you will be concerned to hear of a conduct in Administration, so directly opposite, as that of leaving an old, and I flatter myself a useful servant of the Crown, who has uniformly persevered in a zealous attachmm to the Authority of Govern', not only neglected, but even, My Lord, marked by measures that indicate displeasure. Such is my situation at the eve of life, when the smiles of my Royal Master, would have sweetened the reflection of every difficulty I have encountered in his service.

Well assured of the King's great goodness & impartial regard to all his faithful servants, I must suppose he has not been well informed of my case, and that this must have proceeded from an unfavourable impression, which your Lord's predecessor in office suffered to prevail, but on what account, I am at a loss even to conjecture. I now entreat your generous attention. The interest and honour of Govern' is. concerned; 1 therefore with more confidence presume to address you.

I cannot think of intruding so much upon your Lord'* indulgence, as would be necessary to go thro' a recapitulation of the many occasions, on which I have been particularly engaged in supporting the measures and authority of Govern', and of the resentments and difficulties to which I have been exposed, from the prevailing contrary principles in others. Permit me only, My Lord, to say, that I have been 50 years one of His Maj's Council, and the last 12 years his Lieut' Gov' of this Province; throughout which length of years, my conduct has from time to time received the approbation of the King and his Ministers; nor had I ever reason to think I had in any degree lost my credit, till since the year 1765. The Act of Parliament passed in that year, your Lord knows, drew every person concerned in the execution of it, into the most troublesome and delicate situation. The Officers appointed under the Act, extricated themselves by resigning their appointments, whereby, the whole weight of supporting the authority of Parliament, and the dignity of Govern', fell upon the Governors. In this ardous duty, I found myself particularly engaged beyond any other Governor on the Continent. This Prov°* distinguished by its constitution from the Charter Govern", by the residence of the Gov' in a Fort, garrisoned by regular troops; by the metropolis being the head quarters of the general and Army, and at that time the station of several Men of War, naturally excited the attention of all our Neighbours. If the strength of Govern' in this place was not sufficient, under all these advantages, to support the authority of Parliament, how could it be attempted in any other? Our Example was therefore of great consequence, and to turn it against the admission of the Stamp duty, the most violent and daring measures were pursued by the people, who seemed resolved to risk a dissolution of Govern' and the calamitys of Anarchy rather, than to fail of success in their purposes. In this critical and truly alarming situation, without any notice from the Ministry of the Act, or any instruction for my conduct, I found my task hard indeed & difficult. The firmness with which I supported my conduct, preserved the authority and honour of Government, I believe as far as could have been done in such a situation. The Stamped papers were delivered to the Mayor and corporation of the City, upon their humbly petitioning for them, and giving security to be answerable for the full value of the paper and duty. His Majesty's Council agreed unanimously to this measure, and pressed it, in very strong terms, as necessary to save the City from destruction. The Commander in Chief of the army was of the same opinion, and advised me to comply. What more, My Lord, could be done? That Anarchy & destruction were avoided; and the

authority of Govern' supported with such tolerable dignity, I flattered myself, would have intituled me to a share of His Maj'*'* favour and approbation; but while every Man, I believe, who had any place under the Stamp Act; or suffered any injury from the people on account of it, even those who without the smallest attempt to support their Offices, threw them up, on the first appearance of the displeasure of the people, have been since gratifyed and rewarded in some way or other, I stand alone distinguished by utter neglect.

This, My Lord, was full sufficient cause of chagrin and disappointment, to a Man conscious of having done his duty faithfully, but great as it was, it was still to be hightened. From a casual accession to the Administration into which I since fell, by the death of Sir Henry Moore, I was displaced by immediate appointment of another Govr in Chief; and this not, My Lord, from any appearance of uneasiness among the people at my coming again into the Administration, nor from any grounds to suppose that the affairs of Govern' would suffer, if I was allowed to continue; for at no time has the public business gone on more smoothly, or the disposition of the People been more inclined to maintain tranquility, and render the Gov easy; to add, as it were, a particular mark of His Majesty's displeasure to this sudden removal, it was ordered that I should be deprived of the advantages I received from my Administration. A moyety of the salary given to me by Act of the Legislature, and of the emoluments annexed to the Office which I executed, was demanded of me by order from Lord Hillsborough. A suit was peremptorily commenced against me to compel the payment of what I withheld as being as much my property, as any part of my Estate; and to defend this Right, I was drawn into a Court where the sole Judge was the person for whose Benefit the money was demanded — A cruel and unprecedented oppression!—and to add to the misfortune, I was compelled, contrary to the tenor of my whole life, to oppose, what was signified as His Majesty's pleasure, and to show the demand to be illegal and unjust.

I cannot, My Lord, conceive, that measures, so much beneath the dignity of the Crown, so destructive of confidence in Administration, tending directly to dispirit the friends, and to encourage the Foes of Govern', could possibly have been adopted, had not my conduct been somehow strangely misrepresented.

I entreat your Lord to consider that I had the most difficult part to act in the disorders that happened in the year 1765, and sustained a considerable loss at that time, and am the only Officer who has neither been reimbursed nor rewarded; and that I have still further suffered by a very considerable expense in defending myself against the suit brought by Lord Dunmore. I am confident, your Lord will think it just that I should be no longer neglected, and that I ought to receive, as all the other Officers have some recompence for my losses—some reward for my zeal and fidelity in his Maju'" service, and for the dignity and authority of Parliament. There is no salary annexed to the Office of Lieut Govr of this Provce; and when the Gov in Chief is in the Provce, he has not a single perquisite. The Lieut' Gov' of Massachusets Bay, was in the same situation till lately, that the King, to recompense Mr Oliver,1 gave him

'ANDREW OLIVER, son of the Honorable Daniel Oliver a member of his Majesty's Council of Massachusetts, was born in Boston in 1707, and Was graduated at Harvard University in 1724. He sat as one of the representatives of Boston in the General Court from 1743 to 1746, both years inclusive, 2 Massachusetts Historical Collection*, X., 28, when he was elected a Councillor. Drake's History of Boston, 623. Josiuh Willard, secretary of the Province, dying, was succeeded by Mr. Oiiver, June, 1758, Ibid., 643, 645; Hutchinson's History of Massachusetts Bay, III., 75, note; who was appointed distributor of stamps in 1765, when his house was attacked by a crowd of citizens who obliged him not only to resign but to declare, upon oath, under the Liberty Tree, that he would never enforce the Stamp Act in America. He continued secretary, however, until March, 1771, when he became Lieutenant-Governor; Mr. Hutchinson, whose wife's sister he had married, having been pioVol. VIII.

42

the Office and annexed a salary of £300 a year. I am persuaded that no man, who is acquainted with my services and losses will think that I deserve less favour or recompense than he has obtained.

My Lord, J am now near the end of my 85th year. The period of my days cannot be distant. Should the King be graciously pleased to grant me a salary as Lieut' Gov' to recompence my losses, and be an honorable testimony of his Royal approbation of my conduct, I beg it may commence on the lS,h of October 1770. the day that Lord Dunmore arrived here, since which the Office has not been of one penny advantage to me. The Custom house duties, or the quit rents will be a proper fund for payment of whatever support or gratuity His Majv may think I deserve.

I am ―ettc.

Cadwallader Colden.

Representation of the Lords of Trade on the New Hampshire Grants.

[New-York Entries, LXVIII., 487.]

To the Right Honble the Lords of the Committee of His Majestys most Honorable Privy Council for Plantation Affairs.

My Lord

Pursuant to your Lordships Orders of the 17 day of June last we have taken into Our consideration such parts of the papers thereunto annexed as relate to disorders which have prevailed within the district between the Rivers Hudson and Connecticut in consequence of a variety of Questions & disputes which have arisen with respect to tittles to Lands and Possessions within the said District on the Ground of different Grants made by the Governors of His Maju Provinces of New York and New Hampshire whereupon we beg leave to report to your Lordships

That the district between the said Rivers Hudson and Connecticut within which these disorders and disputes have arisen lyes to the North of the Northern Limits of the Massachusets Bay established in 1740 and is described to be of great fertility of very considerable extent and abounding in many parts with very valuable Timber fit for Masts and other naval uses.

In early times the Government of the Massachusets Bay under its ancient Charter which was vacated in 16S4 assumed a Jurisdiction and granted Lands within that part of this district which lies to the East of line drawn at twenty miles distance from Hudsons River and there are now some Townships remaining which are derived under patents from that Colony and moted to the place of Governor. Hutchinson, IIL, SS3. In 1773, several letters, written by these and other gentlemen to persons in England, were obtained by Franklin and sent to Massachusetts. Great excitement followed and the General Court petitioned the King to remove the one and the other from their respective offices in the Province. 1 Massachusetts Historical Collection), II., 45. Unable now to endure the disquiet and misery caused by his position, Mr. Oliver sunk under the burthen and died at Boston, after a short illness, 3d March, 1774, aged 67. Allen. Though an estimable man, in private life, no one in Massachusetts was more unpopular, and so violent was the feeling against him, that marks of disrespect to his remains were shown by the populace at his funeral. Hutchinson, III., 456, note. Besides the letters above mentioned, LieutenantGovernor Oliver was the author of seven letters signed Freeman, which were published in the Boston Censor in 1771, in support of the Administration. 1 Massachusetts Historical Collections, VL, 74. - ED.

altho the Province of New York set up pretensions to this district under the General descriptive Words of King Charles the 2d Patent to the Duke of York in 1664 and the Governor of that Colony did in late times make some Grants of Land within the same yet it does not appear that any attempts were made to disturb the possessions of the Proprietors of the ancient Towns Settled under the Grants from the Province of Massachusets Bay nor were any establishments made competent to the exercise of any regular Jurisdiction therein But when by the determination of the boundary line between Massachusets Bay and New Hampshire in 1740 it was declared that the latter of those Provinces should extend West from Merrimacks River till it met with His Majesty's other Governments and when in consequence thereof the said Province claimed to extend to within 20 Miles of Hudsons River the Government of New York insisted upon their Claim with greater earnestness and the two Provinces became involved in a Controversey which after much heat and altercation on both sides ended in 1750 in an agreement to refer the point in question to the Crown and each party made a Representation of the state of their case; But after several hearings at the different [Boards] the Agents on both sides desired further time to consult their Constituents and the War breaking out in America soon after the bussiness was allowed to lye over till the restoration of Publick Peace when the dispute being revived with much heat and animosity it [appeared] that the Governor of New Hampshire had taken the opportunity pendente lite to grant away a very considerable Number of Townships of six Miles square each in this County to the Westward of Connecticut River (This proceeding accompanied as it was with other disreputable Circumstances was fully stated in a Representation made to His Majesty by this Board in 1764 wherein it was recommended that his Majesty by his Royal Adjudication and authority should put a period to these animosities and disputes by declaring what should be the Boundary between the Provinces of New York and New Hampshire and in consequence thereof His Majesty was pleased by his Royal Order bearing date the 20,h day of July 1764 with the advice of this Privy Council to declare that the Western Branch of the River Connecticut from where it enters the Province of the Massachusets Bay as far North as to the 45th degree of Latitude should be the Boundary between the said two Provinces Immediately after this decision which was accompanied with the usual Reservation in Respect to private property Mr Golden upon whom the Administration of the Government of New York had devolved granted warrants of Survey and issued Patents for lands within the limits of several of the Townships granted by the Governors of New Hampshire and several of those Surveys and Patents extending over Land under actual Improvement and Settlement the Parties who conceived themselves injured by such proceedings not being able as they alleged to obtain Redress in New York brought their complaint before His Majesty in Council)

Upon a full hearing of those Complaints His Majesty was pleased by this order in Council of the 24 of July 1767 to declare that no part of Lands lying on the Western side of the River Connecticut within that district before Claimed by New Hampshire should be granted until His Majestys further pleasure was known and an Instruction was accordingly given to the Governor of New York directing him upon pain of His Majestys highest displeasure not to presume to make any Grant whatever or to pass Warrants for the Survey of any part of the said Lands until His Majestys pleasure should be signified concerning the same which Instruction has been ever since continued in force and now forms the 49th Article of the Code of General Instructions given to Mr Tryon His Majesty's present Governor of New York.