made their escape into your Government that they may be brought to Justice. I am, &c.

And (mutatis mutandis) To the Honble THOMAS FITCH, STEPHEN HOPKINS, His Excellency FRANCIS BERNARD, and to the Honble JAMES HAMILTON, L' Gov. of Pennsilvania, &.

SIR,

TO HIS EXCELLENCY THOMAS POWNALL, ESQ.

New York August 22a 1760.

My Son inform'd you of Mr De Lancey's death by a Ship which sailed for Bristol in a day or two after I had taken the administration on me. At that time a continual flow of ceremony and business prevented my writing to your Excellency to inform you of this event, but I thought there could be no inconveniency in my omitting it at that time while my son did it. I now embrace the next opportunity of writing more particu larly. You know I believe that after Mr De Lancey had taken the administration I retired to the Country, without the least expectation of anything like what has now happened. This was the only reason why I did not embrace the honor you did me by an invitation to correspond with you. I thought my writing could. be of no use and might be troublesome to you.. By my present situation perhaps I may be of some use, & in such case it will give me the greatest pleasure to receive your Excellency's commands.

Though you be already appointed to a more beneficial Government I have some hopes your Excellency may prefer this on Acct of the healthiness of the Cli mate, if it should be so it will add to the motives I otherwise have of delivering the administration in the best situation for your future care. From all appearance in the little time since I came to Town, I have reason to hope the administration will be made easy

to me which at my age I value more than its being profitable. Indeed I shall not be uneasy if I can prevent its being expensive.

By Mr De Lancey's death you know Sir that the office of Cheif Justice becomes vacant. Mr Chambers & Mr Horsmanden are competitors, and both are makeing interest with the Gentlemen of the Council which I suspect will be ineffectual. You know them both and I believe you know their abilities. I have told both that I will appoint no otherwise than during the King's pleasure. Both their Commissions of 24 & 34 Judges are during good beheavior, & they are both unwilling to accept that of Cheif Justice otherwise & therefore I expect the office will remain Vacant till the King's pleasure be known. It may be of use to know that the Sallary & perquisites of Cheif Justice are not sufficient to maintain a family in this Town, & I believe the Assembly will not increase the Sallary.

I am not known to his Majesties Ministers, I trust you will be a friend to me on this occasion, which will lay the greatest obligations of gratitude on, Sir, Y' &©

Sent by the General Wall Packett Capt" Leutwidge who sail'd Sept 4th.

To JOHN POWNALL.

New York August 22nd 1760.

Y Brother Gov Pownall when he left New York desired me to correspond with him under direction to you, but as I then retired to the Country I thought my writing might be troublesome and of no use. Since the administration of the Governm' of this Province has devolved on me by the Death of Lt Gov' De Lancey I may have it in my power to be on some occasion, of

some use. I therefore give you the trouble of the inclosed to your Brother.

you

If Sir I can on any occasion be of any use to it. will give me the greatest pleasure to have an opportunity of shewing with what respect I am, Sir, &

TO THE RIGHT HONBLE THE LORDS COMMISSIONERS FOR TRADE AND PLANTATIONS.

MY LORDS,

New York, August 30th 1760.

On the 7th of this Month by a Ship bound to Bristol I informd your Lordships that (as in the draft of that Letter)

On the 16th I received the honour of your Lordships commands of the 13th of June by the Packet, & I shall punctually observe them.

I am not as yet sufficiently informed of what has been done during Mr De Lanceys Administration in relation to granting of Lands. As your Lordships are of opinion that the settling of our Frontier Lands is a measure of great publick utility, as it certainly is, it shall be a principal object of my attention, but untill the boundaries & Limits of the Colonies be settled in regard to the French by the peace, it cannot be consid erd with precision. I have been forty years Surveyor General of the King's Lands in this Province, & by that means have had long Experience. If your Lordships think that I can be of any use to you in your deliberations on this matter, I shall with the greatest pleasure obey your Commands in every point within my knowledge.

Your Lordships observe that the limits of the land petition'd for in the Memorial presented by G1 Amherst, are very loosely and vaguely described, & I may add, in the same manner the boundaries of the great Tracts formerly granted in this Province gener

ally are. The extent of the Waters & Rivers mentiond in Capt Skene's petition are known to few peo ple, & perhaps to none with any degree of certainty, but I am informd that within these boundaries a very large tract is contain'd, & a great part of it of a very rich Soil. As to the Tracts petition'd for by the Six Provincial Colonels I suppose that the boundaries of the several Townships are to be fixed in the usual manner by the proper officers of the Crown. All the Lands mention'd in both these petitions are undoubtedly within the boundaries of this Province as granted by King Charles the 2nd to his Brother the Duke of York. This I thought necessary to observe to your Lordships by reason of a claim some time since made by New Hampshire on what pretensions I know not.

Inclosed your Lordships will receive a Memorial of Mr Chambers, 2nd Justice of the Supreme Court of this Province that he may be appointed Cheif Justice. I know that the allegations in his Memorial are true. He is brother of the late Admiral Chambers, has an ample fortune & I never heard his integrity call'd in question, but as I am not a competent Judge of the proper qualifications of a Cheif Justice, I shall not presume to say further.

Since I had wrote so far a petition of several of the officers of the forces raised in this Province was presented to me for Lands which I find are included within the boundaries of the Land petition'd for by Capt Skene, & therefore I have put a stop to the proceedings thereon till I shall know your Lordship's pleasure. The officers of this Province have in every respect equal pretentions with those of New England, with this farther in their favour that the Lands are in this Province. Coll. Haldiman of the Royal Americans I am told joins with the New York Officers, tho' his name be not made use of till he can take the benefit of the Naturalization Act for America. I shall only farther observe to your Lordships that the Lands containd within the boundaries mentiond in Capt" Skene's

Petition are sufficient to give ample encouragement to him & to the New York Officers.

On the 18th of this Month as the Ship Sampson of Bristol Osborn Greatrakes Master, a ship of 22 Guns on one Deck & 67 Men was comeing from Sea into this Port and passing his Majesties Ship Winchester, the Winchester fired Signal Guns to bring to, & sent her Barge to know what she was. As soon as the Barge, with the 3 Lieut and 13 men came on the Sampson's bow, the Lieutenant haild her & bid her bring to, on which the Crew of the Sampson fired a volley of mus ketry on the Winchester's Barge, & tho' the Lieut calld out to them to cease fireing and rowed from the Sampson, the Crew of the Sampson continued fireing their Musquetrie, by which four Men on board the Barge were kill'd, tho' not one piece was fired from the Barge at any time. The Sampson erouding all the sail she could got into the Harbour: soon after which Capt Hale commander of the Winchester sent his 1st & 3d Lieutenants to me with the men remaining of the Barge crew. Their evidence being taken by the Mayor of this City in my presence, and in the presence of one of the Judges, the Mayor issued his Warrant for apprehending the people on board the Sampson, but the Ship being placed at a small distance from the end of the wharf & the crew having armd themselves they bid defiance to all authority. The next day the Capt brought up his ship to the assistance of the Magistrates, on sight of which the crew of the Sampson seized the Boats, & went ashore armed in different parties at a distance from the Town. As soon as the Council could be calld, I issued by their advice a Proclamation to have the crew, every man by his name apprehended any where in the Province, & I wrote to all the neighbouring Governours for the same purpose, in case any of the crew should escape into their Government, & I order'd a detachment of the Militia of this city to assist the Sheriff, but all ineffectually, except as to one Man now in jail. The Master & first