such an event from the opportunity I may be presumed to have of chooseing a gentleman well & sufficiently qualified for the discharge of its duties, in the hopes of which indulgence, I shall take the liberty of recommending such person in the next letter I shall have the honor to address your Lordship, when I hope to have it in my power to impart a more satisfactory account of the Indian Councils and the prospect of affairs with them The suits of the Court of Chancery within this Colony, are so greatly encreased both, as to numbers and the value of Property, that it is wholly out of my power to give the necessary dispatch, so essential to Courts of Equity, and attend the other important duties of my Station. I am therefore humbly to request your Lord's solicitations with His Maj" for permission for me to appoint a Master of the Rolls, with the same powers as that office is vested with in the Court of Chancery at home. If it should not be found expedient to affix a salary for the support of the Master, I have some foundation to hope a provision may be made for him by the Legislature here at the next Session. The Country sensibly feeling, no less than myself the necessity of such an officer. I am with the greatest respect and Esteem By the honor of your Lord's letters Nos 10 & 11. I have the extream satisfaction to learn, my conduct, respecting the Acts therein mentioned, has met with his Maj' approbation, as well, as my attention to obtain with Gov Hutchinson the settlement of the Boundary line, between this and the Massachusett's Colony; Commiss" from the two Govern" are to meet the 11th of this Month on the spot to carry the Survey of the line into execution. Unhappy as I find myself in not persuading your Lord" of the equity in letting the Proprietors of the Indian purchases, have the confirmation under the seal of the Prove; I am nevertheless myself much consoled by your Lord's very delicate and honorary sentiments on the motives of my conduct in that transaction; these Licences for Indian purchases were obtained in the Earl of Dunmore's Administration; the application of the million of Acres did not originate with me; Indeed, I thought myself truly within my duty, not viewing the steps taken, either as incompatible with the Royal Proclamat" of 1763. or the King's instructions, otherwise than as circumstances of the case required, in order to carry into execution the Royal intention of Indian sales, Americans, I guess will hardly be found to buy lands, considered as already purchased by their countrymen; if the lands remain unpatented, there, will be equal prejudice both to Crown and Parties, the King being withheld from his Quit Rents, and the Proprietors debarred from the cultivation of their purchases. Upon the whole, I plainly foresee, that the confirmations of these lands to the parties soliciting for them, will be the business of my successor in office. Were more effectual Laws framed in the several Colonies for the punctual receipt of the King's Quit Rents, the whole vacant lands in America could not, in my estimation, be too soon thrown into the hands of His Majw' subjects liable to the Quit Rent. The Revenue arising therefrom would be more solid as well as more valuable than any occasional Emolument growing from the sales of the King's lands; which, upon experience, I fear, will fall short of the speculative plan (distinction being made here between the King and the subject selling of land). As my opinion however on this point is merely speculation, I submit it with great deference to your Lordp's reflection. I am with all possible esteem and respect― My Lord, Your Lordship's most obedient & very humble servant Inclosed I send you by the King's commands, an order of His Majw in Council on the 1" of Sept last disallowing two Acts1 passed in N. York in the year 1772; and that you may know the reasons, which induced such disallowance; I send you inclosed, copy of the representation of the Board of Trade thereupon. By such parts of this representation, as relates to the Act for preventing private Lotteries you will perceive that their Lordp's objections are not to the object of the act which they consider as highly laudable, but to the manner in which the Legislature have thought proper to pursue that object, and I am to signify to you His Maj" Royal permission to give assent to 'These acts were entitled, "An act more effectually to prevent private Lotteries," and "An act to prevent infectious distempers in the counties therein mentioned." New-York Council Minultt, XXXL. 83. —ED. another act for the same purpose free from the objections stated to the former Act, if the Council and Assembly shall think fit to present one to you in a future Session. I am ettc. The inclosed extract of my letter of this day's date to General Haldiband will inform you that the King does not think fit that His Maju Troops should be drawn out in aid of the Civil power in the Colonies, unless in cases of absolute and unavoidable necessity; and that your requisition in consequence of the advice of your Council is not under all the circumstances of it approved by His Majesty. I am ettc. Governor Tryon to Governor Penn. DARTMOUTH. [Pennsylvania Archives, IV., 467.] New York, 28,h Oct., 1773. Sir, The Circular letter and Heads of Enquiry,1 you mention in your favor of the 20,h Inst., have been also communicated to me; as you wish to know the method I propose to take to comply with the requisitions therein, I am to acquaint you, I have furnished the Officers of the several Public Offices of this Government, with such Articles of the enquiries, as I thought fell within their respective Departments, and those that did not appear to point to any particular Office, I delivered to the Secretary of the Province, requiring them all to make their Reports as fully and amply, as the nature of the questions required; all which reports I intend to refer to some sensible friend here, to combine together, by way of a General Report on the subject, which, with the Vouchers aforesaid, I shall carry Home with me in the Spring next ensuing. I confess I have neither genius, leisure, nor inclination to prompt me to attempt the Compilation of the History of this Colony. I must therefore rely on the aid of those better qualified than myself for so laborious a task. I thank you for your offer of civilities, and am with much Esteem, No 14. Earl of Dartmouth to Governor Tryon. [New-York Pipers (8. P. O.) OLXV.] Whitehall. 28. October. 1773. Sir, My letter of the 14"1 inBt: contains the signification of His Majty', Commands upon the occasion of the disturbances in Charlotte County, and I do not find, upon a review of such parts of your former correspondence as remain to be answered, any other matter, which requires instructions, except what is contained in your dispatch N° 40. respecting Mandates for Lands issued antecedent to His Maj's order in Council of the 10th April; in regard to which I am to signify to you His Maju" pleasure that the said Mandates be carried into complete execution, in like manner as they would have been if that order had not been made, provided they be presented to you before such New arrangement as is now under consideration shall take place. Your recommendation of the case of the Legatees of Rachel Smith has been Graciously considered by the King, and it is His Majesty's pleasure that the escheat be accordingly granted to them pursuant to your request. I am ettc. DARTMOUTH. N° 55. My Lord, Governor Tryon to the Earl of Dartmouth. [New-York Pepers (8. P. 0.) CLXV.] New York. 3. Nov 1773. It is with real regret, I acquaint your Lord of the ferment the minds of many of His Majesty's subjects have been in since the late arrival here, of some of the Country ships in the London Trade whch brought intelligence of the East India company's intention to ship Tea on their own account to America; and the refusal of the masters of those Vessells to take it on Board. The publications inclosed are all, that have come to my hand; productions calculated to sow sedition, and to support and make popular the cause of those who are deepest concerned in the illicet Trade to Foreign Countries. They are certainly declarative of the extent to which smuggling is carried on in the single Article of Tea. Much discourse is had on the construction of the Act of Parliament that Grants the License to export this Article (an Act I have not been honored with from your Lord's Office). Some assert that the words: "discharged from all duties whatsoever" respects only the exportation, and that the importation duty of three pence per pound, still subsists; while others maintain that all duties both, of export and Import, are absolutely wiped away by the aforesaid words, and subsequent clause in the said Act, a construction strongly implied by the liberty granted to export the same commodity to Foreign Countries free of Duties. Thus, while they are fluctuating in variety of opinions, some are fertile in expedients to oppose and obstruct its sale and landing. If the Tea comes free of every duty, I understand it is then to be considered as a monopoly of the East India Company in America; a Monopoly of dangerous tendency, it is said to American liberties. By such futile argument, they endeavour to enflame the passions and mislead the Loyalty of their fellow Citizens. So that let the Tea appear free or not free of duty, those who carry on illicit Trade will raise objections, if possible, to its being brought on shore or sold. Under the present uncertain situation of Public affairs, I cannot form thejudgement what may be the issue; I however flatter myself in the opinion, that the peace of the Govern will be preserved, an object His Maju may be assured I shall be watchful to maintain with all the diligence & prudence in my power. I am with all possible esteem and respect My Lord, Your Lord's most obedient humble servant. Wm Tryon. Lords of Trade to the Committee of the Privy Council. [Piantatioas General Entries, XLVI., (N.) p. 467. ] To the Right Honble the Lords of the Committee of His Majesty's most Honbl* Privy Council for Plantation Affairs. My Lords, Pursuant to your Lordships Order of the 28 day of last Month, we have prepared and herewith lay before your Lordships Draughts of Additional Instructions to such of the Governors or Commanders in Chief of His Majesty's Colonies and Plantations in North America, except Quebec, as are Authorized & impowered by His Majesty's respective Commissions to them, to grant to any Person or Persons under certain Conditions, the Lands, Tenements and Hereditaments, which are or shall be in His Majesty's power to dispose of; which Draughts we have made conformable to the Sketch of Additional Instructions annexed to your Lordships said Order. We are. My Lords Your Lordships most obedient and most humble Servants Whitehall DARTMOUTH 25 Nov 1773. Additional Instructions to Our Trusty and Wel-beloved Francis Legge1 Esquire Our Captain General and Governor in Chief in and over Our Province of Nova Scotia, and the Islands and Territories thereunto belonging in America, or to the Commander in Chief of Our said Province for the time being. Given [Omitted, being duplicate of the draft noted tupra, p. 376, and as the Official Instructions are printed, pott, p. 410.] 'Lieutenant-Colonel Fbancis Legge was appointed Captain in the 46th Foot, 16 February, 1756; was promoted to a majority in the same regiment 13 April, 1767; became Lieutenant-Colonel of the 56th in February, 1773, and in June following was appointed Lieutenant-Governor of Nora Scotia, the affairs of which province he administered until 1782. Haliburton't Nova Scotia, I., 262. He died at his seat, called the Grove, near Pinner, England, May 15, 1783. Gent. Mag.-Ed. Vol. VIII. 51 |