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NOTICE.

THE present volumes, now for the first time associated, contain the History of the State of New-York from its first discovery to the year 1762, by the late WILLIAM SMITH, formerly Chief Justice of Canada, with the author's last alterations and additions from the original manuscripts. On a production, a part of which has been so long before the public, and so highly appreciated, it is scarcely necessary to make any commentary. It is sufficient to observe, that had the Historical Society rendered no other service to the community than the publication of these volumes, this alone would have justified the bounty of the Legislature. But they trust that their other labours are appreciated, and hope the public will see, in these efforts, a design to fulfil the obligations to which the Society is pledged, and to enhance the character of the great State of which they are members.

The Continuation of the History will be found not inferior in interest or execution to the part so well known. It treats of the period between the years 1736 and 1762. The father of the historian was a conspicuous actor in these times, and the Chief Justice had the most ample means of information. The Biographical Memoir furnished by his son, the Hon. William Smith, of Canada, though brief, will be perused with pleasure by all who feel an interest in the circumstances of one of the most prominent public men of his day. Here is a striking coincidence in several respects, between the proposition of Smith for the government of the colonies and that of Dr. Franklin, made in the year 1754. At this early date the question of union was decided almost unanimously: the several committees appointed by the respective States having reported thereon, the plan of Franklin was preferred, and with a few amendments was reported. By this plan the general government was to be administered by a president general appointed and supported by the crown; and a grand

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council to be chosen by the representatives of the people, of the several colonies met in their respective assemblies.

The author's geographical description of the early state of the colony of New-York, which originally appeared in the quarto edition of his history, is in this edition embraced as an appendix to volume first.

The State of New-York, while she does justice to her great natural resources, ought not to be indifferent to her own fame, or the reputation of her distinguished sons. These are her property, not less valuable or productive than the tolls on her canals. By making known meritorious exertions, we point out the way to farther efforts, and excite the spirit of emulation. In the present condition of affairs, this is best done by institutions like our own; individual attempts are for the most part lost and ineffectual. During the period embraced in the narrative of SMITH, this State was for a long time the chief seat of war, and on its borders was settled the title to a great part of North America. Exposed to the. incursions and depredations of hostile powers, its prosperity was checked and its high destiny deferred. We are now a united people, and, under the benign influence of republican institutions, its rank is the first in the confederation.

May her example shed a salutary influence over her sister States, and may those to whom her fortunes are confided, continue to act worthy of her and of themselves.

City of New-York, Nov. 16, 1829.

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MEMOIR

OF THE

HONOURABLE WILLIAM SMITH,

WRITTEN BY HIS SON.

WILLIAM SMITH was born at New-York, on the 25th of June, 1728. His father, a lawyer of eminence in that province, became a member of his majesty's council, and was afterwards appointed judge of the court of King's Bench. Judge Smith left many children, the eldest of whom is the subject of this memoir.

Mr. Smith was thus descended from a respectable family in the province, and his father perceiving he evinced considerable talent in his youth, sent him early to a grammar school at New-York. At school he was an extraordinary proficient; and when sufficiently instructed, was sent to Yale College, at New Haven, in Connecticut, where he distinguished himself so much by his learning and assiduity, that he obtained the degree of A. M. at a very early age.

He was well acquainted with the ancient writers, particularly with the Greek Philosophers, whose history he read in their native language; while he understood sufficient of the Hebrew to become familiar with many things in Rabbinical learning. He made the study of divinity a chief pursuit; and those who read what he had written on this important

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subject, were astonished at his knowledge of the scriptures; while to many it appeared incredible, that one man should have acquired in a few years such variety of knowledge in matters unconnected with his immediate avocations.

He had great readiness in arithmetic, was an excellent mathematician, and in medicine was so well informed, that several eminent physicians of his native state have declared, that in answer to several questions propounded to him on this science, he had discovered great judgment, as well as minute knowledge: indeed he understood almost as much of the general principles of the healing art, as speculation without practice could enable him.

He was a devout christian, a sincere protestant, and tolerant and just to those from whom he differed most. He used constantly to worship God in his family, performing its duties always himself.

Having spent several years at college, Mr. Smith repaired to his native city, where he studied law; and after being called to the bar, he entered into a very extensive practice: he was above the mean appetite of loving money, for if he saw a cause was unjust, he would state that it was so, and if the litigant parties persisted in their respective views, he would desire them to seek another counsellor: if he found the cause doubtful, he always advised his client to compromise; when differences were referred to him, which he settled, he would receive no reward, though offered it by both parties, considering himself in these cases as a judge; observing, that "a judge ought to take no money.' He was an eloquent speaker, remarkable for the soundness of his law opinions,

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inany of which are collected and recorded in a book by Chalmers, entitled, "Opinions of Eminent Lawyers." He was the intimate friend of Robertson the historian of America, and of many other literary characters of that day.

He was appointed a member of his majesty's council as early as the year 1769, where his attendance was regular, his integrity unquestioned, and his loyalty firm to his king; and when the lowering clouds caused by the Stamp Act, began to spread over the continent, he saw the danger likely to result from the measure, and drew up a plan of union of all his majesty's colonies, which if it had been then adopted, might have prevented the civil war that ensued, and the dismemberment of the British empire in America.

The direct tax that was devised by parliament in 1764, was the origin of the controversy: both countries resorted to the constitution for arguments in support of tenets diametrically opposite to each other: on the part of America there was a claim set up to all the rights of Englishmen; and it was inferred that no tax could be laid upon them without the consent of their assemblies. Great, Britain on the other hand attempted to justify her measures by admitting the principle but denying the consequence; she contending that America was virtually represented by the commons of Great Britain. Mr. Smith proposed a plan of union of all the colonies friendly to the great whole, and linking them and Great Britain together by the most indissoluble ties: all requisitions for aid and supplies for general purposes, had been formerly addressed to the several provincial

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