order of that House to the Speaker of the Assembly of each Colony upon the Continent of North America. As his Majesty considers this Measure to be of a most dangerous & factious tendency calculated to inflame the minds of his good Subjects in the Colonies, to promote an unwarrantable combination and to excite and encourage an open opposition to and denial of the Authority of Parliament, & to subvert the true principles of the constitution; It is his Majesty's pleasure that you should immediately upon the Receipt hereof exert your utmost influence to defeat this flagatious attempt to disturb the Public Peace by prevailing upon the Assembly of your Province to take no notice of it, which will be treating it with the contempt it deserves. The repeated proofs which have been given by the Assembly of of their Reverence and respect for the laws, and of their faithful Attachment to the Constitution, leave little Room in his Majesty's Breast to doubt of their shewing a proper Resentment of this unjustifiable Attempt to revive those distractions which have operated so fatally to the prejudice of this Kingdom and the Colonies; and accordingly his Majesty has the fullest confidence in their Affections But if notwithstanding these expectations and your most earnest endeavours, there should appear in the Assembly of your Province a disposition to receive or give any Countenance to this Seditious Paper, it will be your duty to prevent any proceeding upon it, by an immediate Prorogation or Dissolution At the time I had the honor of writing to Your Lord in recommendation of Mr Robert Livingston as a proper person to be appointed a Member of His Majesty's Council here in case of a Vacancy, I did not imagine, that I should so soon have an opportunity of applying to Your Lordpp in his behalf for an actual nomination. The difficulties I have laboured under in regard to the Council have been sufficiently set forth in my letter to the Earl of Shelbourne dated april 7th 1767. a copy of which is herewith transmitted to your LordPPs, and the absolute necessity of having the hands of Govern1 here strengthned as much as possible, induced me to make a proposal to Lord Stirling of resigning a Commission under which he could not act without great inconvenience to himself, as his residence was not only at a considerable distance from this City, but in the Provce of New Jersey, where his landed Interest was great, and where he was also appointed a Member of His Maj^^ Council. I was sensible, that as h* Stirling was acquainted with the real motives of this proposal, he would answer it with that Candor & zeal for His MajtT'* service, which he has shew'd on all occasions, and in this I was not mistaken, as will appear by the following extract from his answer "For some time "past my conections and business have very much confined me to the Province of New Jersey, and it is evident to me that my absence from thence at some season will greatly 66 66 "interfere with my own affairs, and must be very prejudicial to the great improvements I am engaged in, which I find require my almost constant presence; this induces me most willingly to resign my seat in Council in the Provce of New York, if such resignation be "acceptable to His Majw. I received my seat in that Council unasked for, I want to return "it with gratitude to His Maj for the honor he did me in the appointment not as a Man disgusted with the service of his King and Country, that, never was my case, I have always "been happy in being useful to either, and nothing will give me greater satisfaction than continuing to be so in the Province of New Jersey, which is now become my almost "constant residence" 66 As I had no other view in this transaction but that of promoting His Majesty's service by strenghning the hands of his Gov here, I hope the steps I have taken on this occasion will meet with your Lordpp'* approbation, and if the resignation proposed, should be acceptable to His Majty I would beg leave to recommend Mr Robert Livingston to the vacant seat. I have in my former letter mentioned that his great possessions here, Education and abilities will always give him great weight in this Province, and from his readiness to give his Assistance where I have stood in need of it during our late troubles, I am perswaded that he will endeavour by His services to merit what I had said of him. 1 have the honor to be with the greatest respect My Lords, Your Lordpp* most obedient and most humble servant H: MOORE My Lord Lieutenant-Governor Colden to the Earl of Hillsborough. [New-Tork, CLX., A. 20. ] New York, April 25th 176S. Tho' it be probable that my letters to my Lord Shelburn of the 23d of November and 21st of January, and my Letter of the last date to the Plantation Board, are communicated to your Lordship, in which I gave an account, and complain'd of some extraordinary Proceedings in this Province, I think it proper to renew that account to your Lordship, in a distinct narative of that matter, which I inclose. Had I attempted to compell any man, in any one instance, to act contrary to his own judgement or inclination, there might have been some ground of complaint against me. But when I have given no reason of complaint, but my refusal to comply with unreasonable desires, and with which I could not comply without a breach of my duty, the malice of the complaint must appear very evident. Such as is inconsistent with every Sentiment of moral rectitude. The Faction here place their only hopes of success in bold general assertions, which have not the least foundation in truth. These assertions, I have reason to beleive, have been propagated in England, by some persons who have access to the Ministry, and that they have had an undue influence; for Men of honour cannot easily beleive, that any man, who bears the character of Judge, or has the honour to be of His Majesty's Council, could be guilty of such bold impositions. I only intreat my Lord, that these Persons be required, to give the particular instances, wherein I have failed in my Duty or have given just cause of offence to the People of this Province; the falshood and tendency of their bold assertions and complaints, will thereby become evident. The Faction in opposition to the Authority of Parliament, lay great stress on my haveing become obnoxious to the People of this Province, and that I am generally disliked. It would not have been easy to remove this calumny, had not the proceedings of the Supreme Court, and of the joint Committee of Council and Assembly, in relation to a Pamphlet intitled The Conduct of Cadwallader Colden Esif Lieut. Governor of New York $p. given the People an oportunity of declaring, in their public Conversations at the Coffee House and other places, the sense they had of my conduct, and the abhorrence of the methods taken to asperse my character; for there is not one fact alledged in that Pamphlet which is not notoriously known to be true or can be proved from the Journals of the Council or of the Assembly. This put a stop to the proceedings of the Faction so that I cannot now say how far they intended to carry their malice while they had hopes of procuring & influencing a jury to their purpose. Some other public instances since that time, have given the strongest proofs of the sentiments the People entertain of this Faction. After the Assembly was dissolved, the contentions were never more violent than on the new Election. Judge Livingston, the most violent man, both in the Supreme Court, and in the Assembly, in the malicious prosecution of the Pamphlet wrote in my vindication, had for several years past been elected a Member of Assembly for the County where his family interest lyes. Some one of the family have been elected for above forty years. At the last election it appeared he had so far lost the esteem of the Freeholders in that County, that he gave up before half the Freeholders then present had given in their votes, tho' he had every thing in his favour, which power could give him. The Members of the City of New York, generally have the direction of the House of Assembly, Of four Members for the City, only one of the old is return'd. There are 27 Members in the Assembly, 13 of that number are now new. It is well known, that the last Assembly were influenced by the Lawyers. One of the most popular among them, attempted to be elected for the city of New York, by the interest and influence of the body of the Law, and of the Presbyterians and Independants, who are very numerous but faild. The general cry of the People both in Town and Country was No Lawyer in the Assembly. From these things it is manifest, with what little truth it was confidently asserted, that the last Assembly had acted according to the universal sentiments of their Constituents. Some proceedings in the last Session of Assembly, relating to the Province Treasury, deserve your Lordship's attention, of which it would be a failure in my duty, not to inform you, lest you should not otherwise be apprised of them. I presume the Governor has transmitted a Copy of their Journal to the Plantation Board. By the standing Instructions the Governor is not to give his assent to any Money Bill, in which the money is not granted to the King, and it has alwise been done so. In these proceedings the King's name is not mentioned, or the least notice taken of any interest the King has in the Public Money of this Province. This is the first time it has been calld the Colonie's Money. The Speaker has given a Commission to the new Treasurer, in his own Name, of which this is the first instance, so far as I can recollect. The Treasurer gives bond to the Speaker for the due execution of his office; whereas before this time the security was by recognizance to the King. To render the Bond effectual to the Speaker, a clause was added to the Bill by which the Governor and all the Officers receive their Sallaries. If the Governor had refused his assent to this Clause he must have lost his Sallary. The King's Attorney General, as an Officer of the greatest trust in relation to the Rights and Prerogative of the Crown. In this Bill Mr Kemp, the present Attorney General, is to receive of the Treasurer £150 without Warrant, notwithstanding that by the King's standing Instructions, all Moneys are to be issued from the Treasury, by Warrant from the Governor with the advice and consent of the Council. These thing need no comment they plainly shew the reason why the Assembly so strenuously oppose any Act of Parliament by which the Officers of the Crown may receive their Sallaries independantly of them. My Lord, I have repeatedly complained, to His Majesty's Ministers, of the Assembly's refuseing to pay the Loss I suffer'd from the Mob, the 1st of November 1765.—tho' every other person was recompenced; and of their refusing at the same time to pay me the Salary due to me, amounting in the whole to £595.3.0. They dare not avow the reason of this Proceeding. It is evidently to deter every Officer of the Crown, from opposeing their pleasure, and from giving the necessary informations to His Majesty's Ministers. I humbly presume, My Lord, that no Officer of the Crown deserves His Majesty's favour and protection more than I do, for the faithfull performance of his Duty; Notwithstanding the violent opposition, and difficulties laid on me, by a virulent Faction, to make me swerve from my Duty. I am now confident that since the affairs of the Colonies are put under your Lordship's direction, my case will be properly represented to His Majesty, as both justice and good policy require. I can not forbear to observe, that, while I have been neglected, William Smith1 junr has received the honour of an appointment to the Council of this Province. This Gentleman is known to be intimatly connected with the Faction in opposition to the King's Government, and the Authority of Parliament over the Colonies and a principal adviser in their Proceedings. Soon after his takeing his seat at the Council Board, he appear'd in the joint Committee of the Council and Assembly mentioned in the inclosed Narative, whose design was to ruin my character, and my private fortune, were it in their power. I am well assured that he was a principal adviser in those virulent and malicious proceedings. Before I conclude I must beg leave to observe to your Lordship, that the present set of Judges of the Supreme Court, are connected with the Faction in this Province, as appears by numerous public instances. The King's authority, and obedience to the Laws, can only be inforced and secured by the Courts of Justice, and by disinterested Judges; Men of integrity and ability. Our present Judges have lost the esteem of the People, both as to their Integrity and ability. I beleive it would be difficult to find Men in this Province disinterested, and of sufficient ability to be Judges I am therefore of opinion that the present disorders cannot be effectually remedied without Judges of Integrity and ability from England. Without this all other means may prove ineffectual, or may be attended with Difficulties that by appointment of proper Judges may be avoided. I know it may be asserted, that the removing the Judges will create general discontent & jealousy in the People; but where the People have no esteem of their present Judges, any clamour or uneasiness which may by artifice be raised, will soon subside, 1See note, supra, VIL, 909. After his appointment to the Chief Justiceship of Canada, he wrote a History of that Province in 2 vols., 8vo., which has the character of being a partial and prejudiced work. — ED. by a prudent and steady conduct of the Judges, and the People will quickly become sensible of their happiness under a proper administration of Justice. I had the honour of your Lordships commands, while you presided at the Plantation Board, & on the whole of my Administration, I am confident, that the Rectitude of my Intentions, for His Majesty's service in the performance of my duty, will clearly appear, & therefor I can make no doubt of your Lord regard. I have the honour to be with the greatest Right Honble Earl of Hillsborough. My Lord, Your most obedient & faithfull servant Report of the Lords of Trade on the Acts for quartering the King's Troops. [New-York Entries, Q., 414. ] To the King's Most Excellent Majesty. May it please Your Majesty. Sir Henry Moore, Baronet, your Majesty's Governor of the Province of New York having transmitted to us the Acts and Proceedings of the Legislature of that Colony in their last Session of Assembly, we have taken the same into our consideration and humbly beg leave to represent to Your Majesty: 16 That these Acts and Proceedings appear to have passed subsequent to the first of October 1767, the day fixed for the commencement of the operation of the provisions of an Act of Parliament made in the seventh year of your Majesty's reign, intituled "An Act for restraining and prohibiting "the Governor Council and House of Representatives of the Province of New York, until "provision shall have been made for furnishing the King's Troops with all the necessaries "required by law, from passing or assenting to any Act of Assembly Vote or Resolution for any other purpose;" and therefore it will, as we humbly conceive, be necessary, before we can report our opinion upon these Acts and Proceedings, that it should be determined whether there has been on the part of the Legislature of New York such a submission to and compliance with what has been thought fit to be enacted by the Parliament of Great Britain in respect to quartering your Majesty's troops in America, as could, conformably to the tenour of the act above mentioned, make it lawful for the Legislature of New York to make or pass any act or any order resolution or vote, save only such are therein excepted, or as could make such acts votes and resolutions of any force or validity; and to the end that Your Majesty may be fully informed of every circumstance necessary to be attended to in the discussion of this question, it is our duty humbly to state to Your Majesty the laws which have been passed in New York for making provision for quartering Your Majesty's troops, subsequent to the Act for that purpose which was disallowed by Your Majesty in Council, and was the ground of those proceedings in Parliament that gave rise to the laws above recited. On the sixth of June 1767, the Legislature of New York passed an Act intituled "An Act for "granting unto His Majesty the sum of three thousand pounds for furnishing necessaries for the |