on his part will be wanting to give the Men such exemptions and protections as may be most conducive to the success of such a measure. I trust that our exertion in America, as well as in great Britain, will encrease in proportion to the danger which threatens us, and that we shall all join in defending the British Empire, with the most active zeal and alacrity, and in the prosecution of such measures, as will tend most effectually to subdue His Majesty's Enemies. The King having been graciously pleased to appoint you Govr of the Province of New-York, and the Lords Commiss" of the Admiralty having appointed His Maju'* Ship Raleigh to convey you to your Govern' I am commanded to signify to you His Majesty's pleasure, that you do proceed thither without delay. Such instructions as it has been judged fit to give you, in the present circumstances of the ProvTM, under His Majesty's sign mauual, for your guidance, you will receive herewith; and so long as the parts of the Province in the possession of the King's forces, continue subject to the restraints of the prohibitory Act, and to be governed by Military Law, the orders of the Commander in Chief must be the rule of your conduct in all cases to which these instructions do not apply. Nevertheless as Sir Henry Clinton is vested with powers to restore to peace the whole, or any part of the Province, if he shall judge it fitting; in which case the Civil Constitution shall revive, and your authority as Civil Gov' become competent to the purposes of the Commission His Maj" has honored you with; in the hope therefore that circumstances will be so favorable as to induce Sir Henry Clinton to take this step, with respect to a part, at least, of the Provee I shall proceed to point out to you such measures as it is wished you should adopt, as opportunities may offer for carrying them into execution. It is most essential to the King's service, and the public welfare, that the Loyalty of the Members of the Council, and every person employed in the executive part of Govern' should be firm and pure. It is therefore His Maj,*'* express Command that you do not appoint any person to a seat in the Council, or to any other office, nor suffer any person to continue a Member of the Council, or in the execution of any Office, of whose Loyalty and attachment to the Constitution, there can be just ground to doubt. The calling an Assembly is a matter which will require much consideration, and the proper time of doing it, must be left to your and the Council's judgement. It is the King's wish to give that proof to the Inhabitants of New York, and of all the other provinces, that it is not His Majesty's intention to Govern America by Military Law, but to allow them all the benefits of a local Legislature, & their former Constitution; but it would defeat that end, if an Assembly were convened before such part of the Provee was restored to peace, as that the Members returned would compose the majority of the whole, if all those to whom the Laws of the Provee give a right to elect, had returned Members. It is impossible to say what measures will be fit to be proposed to the first Assembly; for none should be proposed, that there is any likelyhood of being rejected, or occasioning disagreement or altercation between the different branches of the Legislature. Your knowledge therefore of the temper and disposition of the Members will be your best guide in this case; but whatever is effected for the purpose of chastisement ought to appear to come from themselves. The abrogating and annulling of all Laws and pretended legal proceedings, since the abolition of legal Govern', must of course be the object of a declaratory Act. The arming the executive authority with sufficient powers to check and prevent disaffection and Rebellion in future, will I hope, be judged proper for another; and that the making reparation for the injuries and losses sustained by Loyal subjects during the Rebellion, will become the object of a third. The making a permanent provision for the Provincial expence, and fixing a ratio for the contribution of New York to the General charge of the Empire, would be no more than suitable returns for the generosity of Parliament in relinquishing all purpose of imposing taxes, in the Colonies, except as regulations of Trade, and even in that case, suffering the Revenue arising from them to be carried to the account of the Colonies, and should New York take the lead in so dutiful and grateful a measure, it could not fail of recommending the Provce to peculiar favour, and obtaining for her some extraordinary indulgence. Should you find the Assembly disposed to take such a step, as an encouragement to them to proceed, you may assure them that His Majv will most graciously consent to remit the arrears of quit rents, and it is His Majesty's intention to apply their future produce, and also the casual revenue, to public services within the Province. It may be expected that if the Rebellion continues, numbers of Loyal subjects will come into New York, from the revolted Provinces, who may be desirous of becoming settlers. To all such, it is the King's pleasure you should make gratuitous allotments of Land, of such extent as you and the Council shall think sufficient for each of their accommodation, subject to the usual conditions; but you will take especial care to avoid being mistaken in regard to the persons to whom you shall make such allotments, and to prevent any but Loyal subjects from obtaining or being benefitted by them. When you are upon the spot you will be able to form an opinion, what improvements or alterations in the former Constitution would be acceptable to the people, as tending more firmly to unite the Provce with Great Britain, and to render that union indissoluble, & I must desire you will state fully to me, in your correspondence, what you may collect to be their wishes on this important subject.—I shall at present only add my wishes for your prosperous voyage and safe arrival, and am-ettc. Geo: Germain. Governor Tryon to Lord George Germain. N° 81. My Lord, [ New-York Papers (8. P. O) OLXX. ] New York. 28. July. 1779. The honor of your LordP's duplicate dispatch of the 5th May N° 21. afforded me the greatest satisfaction in the King's approbation of my conduct on the Alert to Horse Neck. It will be an additional comfort to me, if my late expedition on the Coast of Connecticut meets the same Royal testimony; the report of which service is made to the Commander in Chief. My opinions remain unchangeable respecting the utility of depradatory excursions. I think Rebellion must soon totter if those exertions are reiterated and made to extremity. To seek the Rebel Chief in the highlands, may be hunting a Wolf in the mountains, farther than removing the obstructions to the navigation of the North River, but when accumulated distress on the sea Board calls aloud for succour, he must meet the King's Army on less advantageous ground, or Risk, the loss of the Colonies thus attacked. I transmit herewith copies of the propositions I have laid before the Commander in Chief. The one for embodying the Refugees under Govr Franklin; the other for instituting an Office of enquiry, both which are now under his Excellc*'* consideration. I conceive it will be good policy and attended with advantage to the King's cause, to set Gov Franklin forward in contrast to His Father's conduct, and may have its weight probably in the eyes of Europe. I am with all possible respect My Lord Your Lordp's most obedient & very humble serv1 Governor Tryon to Sir Henry Clinton. [New-Tcrk Papers (8. P. O.) CLXX. ] Wm TRYON. Dear Sir. I have the honor herewith of forwarding to Your Excell my reveries on the subject of setting Gov Franklin at the head of the Refugees, and embodying them under his command on a liberal footing. I conceive it the soundest policy to place him in a respectable point of view, in contrast to his Father's principles. Whether I am wright or wrong I feel a satisfaction in freely communicating my public sentiments to you, and more satisfaction in the candid consideration you give them. 30th June 1779. With perfect esteem I am ettc ettc. (copy) Governor Tryon's Reveries submitted to Sir Henry Clinton concerning the [New-York Papers (S. P. O. ) CLXX. ] There being many hundred Loyalists within the British lines, and more expected, who for various reasons will not inlist themselves soldiers, and many of whom are nevertheless willing to take up Arms and contribute their aid for the suppression of the Rebellion—is is proposed. I" To call upon them to embody themselves under the immediate command of Gov Franklin with the rank of of Provincials, and the Title of Director General and Commandant of the Associated Loyalists, and that he have power to nominate and appoint Officers and make such Orders & regulations (subject to the approbation of the Commander in Chief) as may be judged necessary for the Government of this body and the most efficacious exertions of its force 2dly That they be furnished with arms, ammunition and Camp equipage (if it can be spared) their Director giving receipts and engaging to account for the expenditures. 3dl* That they be occasionally supplied with Rations to be repaid when required by an equivalent in live stock for the use of the Army and hospitals. 4t,r That a number of small armed vessels with boats assigned for their use, to be returned or accounted for. These to be manned by the Loyalists. 6tiy That their Commandant shall plan and direct their enterprizes for distressing the Enemy in any quarter not forbidden by the Commander in Chief and have liberty to form conjunct expeditions with such private vessels of war as may be willing to act with them. 6uy Their places of Rendezvous to be at Rhode Island, or Long Island, East from Oyster Bay, at Hobock, and occasionally at Staten Island, or Sandy Hook. 7"y That the Commanding Officers of Out Posts & Guard ships, near the places where they assemble, or Pass, be ordered to give them countenance and if occasionally wanted assistance & support. b"J The Associated Loyalists to be entitled to the plunder they take, which is to be only from Rebels and not from Loyalists tho' living among them. Restitution to be speedily made for deviations from this article or a compensation to the value of the Loyalists loss; and no excesses, barbarities or irregularities to be committed contrary to the Law of Arms as practised by civilized Nations. 9"* The Prisoners made by the Loyalists to be kept apart from others and exchanged only for Associated Loyalists except in special cases directed otherwise by the Commander in Chief. The exchanges to be in ordinary under the conduct of the Director General and the King's Commissary General for Prisoners. 10u* The Associated Loyalists when required by the Commander in Chief to join the King's Troops on special services, and during the time of such co-operation to receive pay and subsistance as the King's troops. 11th Intelligence acquired to be forthwith communicated to the Commander in Chief. 12th A sum of money to be advanced by the order of the Commander in Chief to the Director General, and credit to be given to his drafts as far as twenty or thirty thousand pounds, to be applied for these services and accounted for quarterly. The whole number of the Association not to exceed two thousand Men, without the further order of the Commander in Chief. Lastly. The Associators to be under articles to ensure mutual confidence among themselves, and be submitted for the approbation of the Commander in Chief. All which is referred to the wisdom & pleasure of the Commander in Chief by his most obedient servant Wm Tryon M. G. Dear Sir, Governor Tryon to Sir Henry Clinton. [New-York Paper* ( 8. P. O.) CLXX. ] New York. 26. July. 1779. It being evident that the complicated nature and extent of the powers of the Commander in Chief, must in such a war as the present, call his attention to innumerable objects, as well of political as Military consideration, and as information concerning the State, condition, transactions temper & designs of the revolted Colonies flow to this place from all quarters, and in order that such information may be rendered usefull to Govern', by collecting and digesting the material points of intelligence, the following project is submitted to your Excellcy as a measure of General and great utility, viz' That an Office be instituted and entitled an Office of Enquiry with authority to make enquiries at large, and to examine all persons coming into the British lines, of every rank and class, and that their discoveries be registered, and from time to time transmitted, with remarks and references to the Commander in Chief. The intendants to be two persons well acquainted with this Country, and one of them within doors, while the other pursues his enquiries abroad. They will want a register, a Clerk, a door keeper and a Messenger, a small house, fuel & stationary. The Intendants, Register and Clerk, to be under an oath of Secrecy, and to examine all persons sent to them, Deserters, prisoners, Refugees and others, & to give special attention to references from head quarters. The order for their appointment, should entitle them to the aid of the Commandant, to enforce attendances when necessary, and the Assistance of the police, who should be required, to direct such as come in, to this Office, or report their names, and where they may be found. It may be a part of the business of the Intendants to transmit to the Commandant such Information as may be worth attention in this Department, and to the Superintendant, what meerly concerns the Police. I beg leave to recommend the Honhle Mr Wm Smith, Councellor of this prov°* & the Honble Mr Lewis De Rosette Councellor of North Carolina, for the Intendants, Gentlemen of the first abilities & every way qualified for so laborious a task, and that they may have the nomination of the subordinate Officers, with such salaries for the Intendants and above mentioned assistants, as your ExcellC) shall judge adequate. This Office may also occasionally take affidavits of the Prosecutions and cruelties the Loyalists suffer from the Rebels. These Affidavits transmitted to the King's Ministers may be necessary to confute many of the assertions of the opposers at home to the measures of Government. I am with great respect Your Excellency's most obedient humble servant |