From that period it has remained in the possession of the English, and the Duke of York on the 29th of June 1674, obtained a New Grant from the King, of all the Territories included within the former Letters Patent in 1663. During the life of King Charles the Second the Duke of York as proprietor of the soil, passed many Grants (by his Governors) in Fee, and since his Accession to the Throne, Grants have continued to issue under the Great Seal of the Province, in consequence of the Powers given the several Governors by their Commissions and Instructions from the Crown.- Two Instances only occur of Grants or Letters Patent for Lands under the Great Seal of Great Britain. One to Sir Joseph Eyles and others on the 15th May in the 4th year of His late Majesty King George the Second for a Tract of 62,000 acres, called the Equivalent Land from its having been ceded to New York by the Colony of Connecticut (on the settlement of the boundary between the two Provinces) in lieu of a like Quantity yielded up to Connecticut by the Province of New York.-The other lately, to Sir William Johnson Baronet-The Lands granted to Sir Joseph Eyles and his Associates are not possessed by them or their assigns, Letters Patent under the Great Seal of the Province of New York having passed to others for the same Lands, before it was known here that the Royal Grant was obtained; and the Lands are now in possession of the New York Patentees or their Assigns. These are all the different modes by which the Inhabitants have derived any legal Titles to their Lands within the Limits of this Province, whence it appears that all their lawful titles to Lands in Fee, except in the cases of old Dutch Grants unconfirmed) originated from the Crown either mediately thro' the Duke of York before his Accession to the Throne, or immediately by grants under the Great Seal of Great Britain or of this Province. Purchases from the Indian Natives, as of their aboriginal right have never been held to be a legal Title in this Province, the Maxim obtaining here, as in England, that the King is the Fountain of all real property, and that from this source all Titles are to be derived. QUESTION N° 4. What Rivers are there, and of what extent and convenience in point of Commerce? Rivers ANSWER Hudson's River is the only Navigable River in the Province, and affords a safe and easy Passage for Vessels of Eighty Tons Burthen to the City of Albany, which is about 180 miles from the Sea.-It has already been mentioned that it extends nearly to the Latitude of 45-but the Navigation except for small Vessels terminates at or near that City.To the Northward of Albany about Ten Miles this River divides. The Western Branch which (above the Great Cahoo Falls) is called the Mohawk River, or the Mohawk Branch of Hudson's River leads to Fort Stanwix, and a short cut across the carrying place there might be made into Wood Creek which runs into the Oneida Lake, and thence thro' the Onondaga River into Lake Ontario. The other Branch being the continuation of the main River tends to Fort Edward, to the North of which it seems practicable to open a passage by Locks &c. to the Waters of Lake Champlain which communicate with the River St. Lawrence, passing over the falls at St. Johns. Both Branches are interrupted by Falls and Rifts; to surmount these obstructions, an Expence would be required too heavy for the Province at present to support, but when effected would open a most extensive inland navigation, equal perhaps to any as yet known. Between Nassau or Long Island and the Continent the greatest Distance scarcely exceeds Twenty Miles.-Near the City of New York it is less than one Mile, and is there called the East River, and from thence bears the appellation of the Sound. The River and Sound afford Navigation for Vessels of any Burthen towards the Collonies of Connecticut, Rhode Island, and the Massachusets Bay, in some degree hazardous however at the noted place distinguished by the name of Hell Gate about six miles East of the City of New York. Connecticut River where it divides this Province from New Hampshire is included within the Limits of the latter. Question N° 5. What are the Principal Harbours, how situated and of what Extent; and what is the Depth of Water, and nature of Anchorage in each? Harbours ANSWER There is but one principal Harbour, which is the Port of New York being that part of the East River fronting the City and lying between that and Long Island.-The Harbour is in length from the North east to the South west about two Miles, and its Breadth across to Long Island about one Mile. The Depth of the Water from Four to Eight Fathom, tho' in some places not more at low water than Ten Feet. In Nip Tides the Water rises about Four Feet and an half, at the Full and Change of the Moon, Six, and if at those Seasons a Strong Easterly Wind prevails, the rise of the Tides increase to Eight Feet. The Anchorage is good in a bottom of Mud: there is only one remarkable Reef of Rocks about Mid: channel, half a Mile within the Entrance; And the Harbour being shelter'd in front by Long Island; to the East by a sudden bend in the River, and to the West by Nutten Island; Vessels during the hardest Gales ride in great safety, and are only incommoded a few days in the Winter by the floating Ice. The Map in the Appendix marked number 3, presents a full View of the Harbor, the Situation of Sandy Hook, and shews the Depth of Water from thence up to the Port. Question N° 6 What is the Constitution of the Government? Constitution or the ANSWER By the Grants of this Province and other Territories to the Duke of York in Government 166 and 1674) the power8 0f Government were vested in him, and were accordingly exercised by his Governors until he ascended the Throne when his Rights as Proprietor merged in his Crown, and the Province ceased to be a charter Governm' From that time it has been a Royal Government, and in its constitution nearly resembles that of Great Britain and the other Royal Governments in America. The Governor is appointed by the King during his Royal Will and pleasure by Letters pattent under the Great Seal of Great Britain with very ample Powers. He has a Council in Imitation of His Majesty's Privy Council.—This Board when full consists of Twelve Members who are also appointed by the Crown during Will and Pleasure; any three of whom make a Quorum. The Province enjoys a Legislative Body which consists of the Governor as the King's Representative; the Council in place of the House of Lords, and the Representatives of the People, who are chosen as in England: Of these the City of New York sends four. All the other Counties (except the New Counties of Charlotte and Gloucester as yet not represented send Two The Borough of Westchester, The Township of Schenectady and the three manors of Renselaers wyck, Livingston and Cortlandt each send one; in the whole forming a Body of Thirty one Representatives. The Governor by his Commission is authorized to convene them with the advice of the Council, and adjourn, prorogue or dissolve the General Assembly as he shall judge necessary. This Body has not power to make any Laws repugnant to the Laws and Statutes of Great Britain. All Laws proposed to be made by this Provincial Legislature, pass thro' each of the Houses of Council and Assembly, as Bills do thro' the House of Commons and House of Lords in England, and the Governor has a Negative voice in the making and passing all such Laws. Every law so passed is to be transmitted to His Majesty under the Great Seal of the Province, within three Months or sooner after the making thereof and a Duplicate by the next Conveyance, in order to be approved or disallowed by His Majesty; And if His Majesty shall disallow any such Law and the same is signified to the Governor under the Royal Sign Manual or by Order of his Majesty's Privy Council, from thenceforth such law becomes utterly void. A law of the Province has limited the duration of the Assembly to seven years. The Common Law of England is considered as the Fundamental law of the Province and it is the received Doctrine that all the Statutes (not Local in their Nature, and which can be (illy applied to the circumstances of the Colony) enacted before the Province had a Legislature, are binding upon the Colony; but that Statutes passed since do not affect the Colony, unless by being specially named, such appears to be the Intention of the British Legislature. The Province has a Court of Chancery in which the Governor or Commander in Chief sits as Chancellor, and the Practice of the Court of Chancery in England is pursued as closely as possible. The Officers of this Court consist of a Master of the Rolls newly created.—Two Masters. Two Clerks in Court.—A Register.—An Examiner, and a Serjeant at Arms. Of the Courts of Common Law the Chief is called the Supreme Court.—The Judges of which have all the Powers of the King's Bench, Common Pleas & Exchequer in England. This Court sits once in every three months at the City of New York, and the practice therein is modell'd upon that of the King's Bench at Westminster.—Tho' the Judges have the powers of the Court of Exchequer they never proceed upon the Equity side. -The Court has no Officers but one Clerk, and is not organized or supplied with any Officers in that Department of the Exchequer, which in England has the care of the Revenue.-The Judges of the Supreme Court hold their Offices during the King's Will & Pleasure and are Judges of Nisi prius of Course by Act of Assembly, & annually perform a Circuit thro' the Counties. The Decisions of this Court in General are final unless where the value exceeds £300 Sterling, in which case the subject may be relieved from its errors only by an Application to the Governor and Council, and where the value exceeds £500 Sterling an appeal lies from the Judgment of the latter to His Majesty in Privy Council. By an Act of the Legislature of the Province suits are prohibited to be brought in the Supreme Court where the value demanded does not exceed £20 Currency. The Clerk's Office of the Supreme Court, has always been held as an appendage to that of Secretary of the Province. There is also in each County an Inferior Court of Common Pleas, which has the cognizance of all Actions real, personal and mixed, where the matter in demand is above £5 in value.— The practice of these Courts is a mixture between that of the King's Bench and Common Pleas at Westminster.—Their errors are corrected in the first Instance by Writ of Error brought into the Supreme Court; and the Judges hold their Offices during pleasure. The Clerks of these Courts also hold their offices during pleasure and are appointed by the Governor, except the Clerk of Albany who is appointed under the King's mandate. Besides these Courts the Justices of peace are by Act of Assembly empowered to try all causes to the Amount of £5 currency, (except where the Crown is concerned, or where the Title of Lands shall come into Question ;—and Actions of Slander) but the parties may either of them demand a Jury of Six Men.—If wrong is done to either party, the person injured may have a Certiorari from the Supreme Court, tho' the remedy is very inadequate. The Courts of Criminal Jurisdiction are Correspondent to those in England. — The Supreme Court exercises it in the City of New York, as the King's Bench does at Westminster.—The Judges when they go the Circuit have a Commission of Oyer and Terminer and General Goal Delivery; and there are Courts of Sessions held by the Justices of the Peace; the powers of which and their proceeding correspond with the like Courts in England.—The Office of Clerk of the Sessions, is invariably connected with that of the Clerk of the Inferior Court of Common Pleas in the respective Counties. By Acts of the Provincial Legislature the Justices of the Peace have an extraordinary Jurisdiction with respect to some offences by which any three Justices, (one being of the Quorum) where the Offender does not find Bail in 48 Hours after being in the custody of the Constable, may try the party without any or a Jury, for any Offence under the Degree of Grand Larceny; and inflict any punishment for these small offences at their Discretion, so that it exceeds not to Life or Limb.—And any three Justices of the Peace (one being a Quorum) and Five Freeholders have power without a Grand or Petty Jury to proceed against and try in a Summary Way, Slaves offending in certain cases, and punish them even with Death. The Duty of His Majesty's Attorney General of the Province, is similar to the Duty of that Officer in England, and the Master of the Crown Office: He is appointed by the Crown during pleasure, and His Majesty has no Sollicitor General nor Council in the Province, to assist the Attorney General upon any Occasion. There are two other Courts in the Province. The Court of Admiralty which proceeds after the Course of the Civil Law in matters within its Jurisdiction, which has been so enlarged by divers statutes, as to include almost every breach of the Acts of Trade.—From this Court an appeal lies to a Superior Court of Admiralty, lately Established in North America by statute; before this Establishment an appeal only lay to the High Court of Admiralty of England. The Prerogative Court concerns itself only in the Probate of Wills and in matters relating to the Administration of the Estates of Intestates and in granting Licences of Marriage. The Governor is properly the Judge of this Court but it has been usual for him to Act in general by a Deligate. The Province is at present divided into fourteen Counties, viz' The City and County of New York — The County of Albany—Richmond (which comprehends the whole of Staten Island) King's, Queen's and Suffolk (which include the whole of Nassau or Long Island.) Westchester, Dutchess, Ulster, Orange, Cumberland, Gloucester, Charlotte and Tryon.- For each of these Counties a Sheriff and one or more Coroners are appointed by the Governor, who hold their offices during pleasure. As to the Military power of the Province, the Governor for the time being is the Captain General and Commander in Chief and appoints all the Provincial Military Officers during pleasure. QUESTION N° 7 What is the Trade of the Province, the number of shipping belonging thereto, their Tonnage, and the number of Seafaring Men with respect to the Increase and Diminution within ten years past? Trade of the Province ANSWER The Province carries on a considerable Trade with the British Settlements on the Continent of North America, supplying some of them with the produce of the Colony, others with British Manufactures and West India Goods.-The Trade to the British West Indies is extensive they having a constant demand for provisions and lumber of all kinds, which articles are the natural produce of this Province. The returns from the American Ports and West India Islands, are made in such produce and manufactures of the Provinces and Islands, as best suit the Trade & Consumption of this Colony-There are also fitted out from the Port of New York several Whaling and Fishing Vessels. Number of Vessels & Quantity of Ton The above together with the Trade to Great Britain, Ireland, Affrica and the nage and number of foreign ports in Europe and the West Indies as stated in the Answers to Questions N° 8 and N° 9, include the whole Trade of the Province which employed Seafaring Men. So that the increase of Shipping in that period of Ten years is 232 Vessels and of the Tonnage or Burthen 9618 Tons. And the Decresse of Men 178. A less number of Hands being employed on board of Vessels in peace, than they sail with in time of War. QUESTION N° 8. What Quantity or Sorts of British Manufactures do the Inhabitants annually take from hence, What Goods and Commodities are exported from thence to Great Britain, and what is the Annual Amount at an Average ? Imports from Great ANSWER More than Eleven Twelfths of the Inhabitants of this Province both in the necessary & ornamental parts of their Dress are cloathed in British Manufactures, excepting Linen from Ireland and Hats and Shoes manufactured here. The same proportion of Houses are in like manner furnished with British Manufactures, except Cabinet and Joiner's Work, which is generally made here. When the number of Inhabitants are considered a better idea may be formed of the Quality and Variety of Sorts of British Manufactures used in this Province, than can be done by enumerating the Names under which they are imported. Besides the Articles necessary for cloathing and Furniture, there are imported from Great Britain, large Quantities of all kinds of East India Goods.-Grocery of all sorts (except Sugars, Coffee and Ginger), Ironmongery, Arms, Gunpowder, Lead, Tin, Sheet Copper, |