7. The date, 1698, in the beginning of the 28th line of the 77th page, should be 1691. This is probably a typographical error. 8. Speaking of the judges of the supreme court, Mr. Smith in page 245 says, "they hold their offices by separate commissions under the great seal of the province, which were formerly during pleasure, but of late quamdiu se bene gesserint." The correctness of the latter part of this sentence is much doubted. Mr. De Lancey obtained from the colonial governor Clinton, the commission of chief justice during good behaviour; but I have always understood that the commissions to all the other judges during the colonial government were during pleasure; and the assembly, in their petition to the King in 1775, pray that he would be graciously pleased to remove the distinction between his subjects in England and those in America, by commissioning his judges here to hold their offices during good behaviour. The truth may be ascertained by the records in the secretary's office. Oysterbay South, 1818. Sir, SAMUEL JONES. No. VIII. Oysterbay South, 30th January, 1818. Your letter of the 23d of December last was duly received, together with the two volumes of the collections of the New-York Historical Society, for which I return them my thanks. I possess no traditionary knowledge of Leisler or the transactions of his government. Doubtless there must be some record of public affairs during the time he acted as lieutenant governor or commander in chief of the colony. Trumbull, in his History of Connecticut, mentions that there was a meeting of commissioners from Massachusetts, Rhode Island, and Connecticut, with Leisler at New-York the first of May, 1690, to consult the common defence; and says that at this meeting the commissioners conceived the plan of an expedition against Canada; that it was proposed with about eight or nine hundred Englishmen and five or six hundred Indians to make an attack upon Montreal, while a fleet and army of eighteen hundred or two thousand men were to proceed up the St. Lawrence, and at the same time make an attack upon Quebec; and gives an account of the proceedings of both armies, which seems to have been taken from authentic documents. From this account it appears that the agreement of the commissioners at New-York was signed by Leisler; and that a copy of it remains among the records of Connecticut.-(See Trumbull's History of Connecticut, pages 402-405.) It is presumable that Leisler upon that occasion must have convened an assembly of the colony to enable him to perform his part of the agreement. It appears by the Society's catalogue that they possess the papers called the Independent Reflector. It was supposed that William Livingston, afterwards governor of New-Jersey, William Smith, jun. afterwards chief justice of Canada, John Morin Scott, William P. Smith, and William Alexander, afterwards Lord Stirling, were the authors of those papers. How long the publication continued I do not recollect; but I cannot believe that it was, or could have been, tyrannically suppressed as mentioned in the catalogue. My impression is that the printer refused to continue the publication: perhaps his refusal may have been attributed to the influence of some persons in power. Livingston, Smith, and Scott, not long after commenced a periodical production under the title of the Watch Tower. It was published in Hugh Gaine's newspaper; he having agreed with the authors, in consideration of fifty pounds a year, to appropriate the front page of his paper to their use. This contract ended in the autumn of 1755; and the printer refused to continue or renew it. Whether the authors wished it, I do not know; but I heard Mr. Gaine tell Mr. Smith he should not continue it. Mr. Livingston, some years afterwards, published periodical papers for a considerable time. These I pre served and had bound in a volume which I gave to his son William near twenty years ago, and I suppose it yet remains in his possession, and probably many other of his father's publications, as he informed me he intended to collect and republish them. The Society ought to possess a copy of the proceedings of the provincial congress and convention of the colony; but there is reason to believe their proceedings were not all regularly entered into books: for when the revisers of the laws of the State applied to John McKesson, who was secretary both to the congress and convention, for a copy of the constitution of the State, in order to have it printed with the revised laws, he informed them that no copy had ever been made or entered; and it appeared that some parts of the constitution then remained on separate and unconnected papers; so that it would have been impracticable to make a correct copy of it without the information and assistance of Mr. McKesson. What has become of those papers I do not know. The last account I have had of them, they remained in the possession of Mr. McKesson, thrown indiscriminately into a barrel. If they are yet in that state, there is reason to fear they will soon be lost or destroyed, unless some care is taken to preserve them: I therefore suppose the legislature would upon application order them to be delivered to the Historical Society. In the list of the members of the Society I see my name. When, how, or by what means I became a member is unknown to me; your information upon subject will therefore oblige, JOHN PINTARD, Esq. Your friend, SAMUEL JONES. Recording Secretary of the N. Y. Historical Society. the [The above Letters from Mr. Jones were read at several meet ings of the Historical Society.] NEW-NETHERLANDS. [The Society is indebted to its honorary member, JoHN LEEDS BOZMAN, Esq. for the following document, which illustrates the transactions of the government of New Netherlands, a subject of considerable obscurity in the annals of our early history. Mr. Bozman is the author of "a Sketch of the History of Maryland," work of merit.—The New-York Historical Society acknowledges its obligations to Mr. Bozman, for his valuable communication.] An Extract from the Records in the Council Chamber, in the city of Annapolis, in the State of Maryland, relative to the dispute between the government of New-Netherlands, (now New-York,) and the Lord Proprietary of Maryland, concerning the title of the Dutch to the Territories on the Delaware, (now State of Delaware;) taken from the book entitled "Council, &c. H. H. 1656 to 1668, &c." page 43. At a Council, held at Ann Arundell, 3d August, 1659: Present, The Governor*, the Secretary†, Colonel N. Utie, Mr. Edward Lloyd. Then was taken into consideration his Lordship's instruction and command, to send to the Dutch in Delaware-bay, seated within his Lordship's Province, to command them to be gone. And Ordered, That Colonel Nathaniel Utie, do make his repaire to the pretended Governor of a people seated in Delaware-bay, within his Lordship's Province, and that * Josias Fendall, Esq. + Philip Calvert, Esq. brother to the Lord Proprietary, Cecilius Lord Balti more. he do give them to understand, that they are seated within this, his Lordship's Province, without notice given to his Lordship's Lieutenant heere, and to require him to depart the Province. That in case he find opportunity he insinuate unto the people there seated, that in case they make their appli cation to his Lordship's government heere, they shall find good Conditions, according to the Conditions of Plantation granted to all Commers into this Province, which shall be made good to them, and that they shall have protection in their lives, liberty, and estates which they shall bring with him. The Letter of the Governor to the Commander of the People in Delaware-bay. SIR, I received a letter from you directed to me as the Lord Baltemore's Governor and Lieutenant of the Province of Maryland wherein you suppose yourself to be Governor of a people seated in a part of Delaware-bay, which I am very well informed lyeth to the southward of the degree forty, and therefore can by no means owne or acknowledge any for Governor there but myself, who am by his Lordship appointed Lieutenant of his whole Province, lying between these degrees 38 & 40: but do by these require and command you presently to depart forth of his Lordship's Province, or otherwise desire you to hould me excused, if I use my utmost endeavour to reduce that part of his Lordship's Province unto its due obedience under him. At a Council held at Patuxent, October 6th, 1659; Present, The Governor, the Secretary, Captain William Stone, Mr. Thomas Gerrard, Mr. Luke Barber, Colonel Nathaniel Utie, Baker Brooke, Edward Lloyd-- Came Augustino Herman and Resolved Waldron and presented the Governor and Council with a Letter and Credentials from Petrus Stuyvesant General of the NewNetherlands in Dutch and Englished by Mr Simon Oversee by order of the Council, as followeth, viz;— |
