American History Told by Contemporaries/Volume 2/Chapter 8

 

CHAPTER VIII — THE COLONIAL GOVERNOR
54. A Governor's Plea for Patronage (1732)

BY GOVERNOR WILLIAM COSBY

 

Cosby was governor of New York and New Jersey from 1731 to 1736. His request is such as all the governors were in the habit of making. — Bibliography : Winsor, Narrative and Critical History, V, ch. iii. — On Colonial government in general : Channing and Hart, Guide, §§ 133, 147; Joseph Story, Commentaries, 152-178.

 

My Lord,

I HAVE y^e honour to aquainte your Grace that M^r Smith Secretary of y^e Jarsys dyed last Tuesday was seven^t this is reckoned one of y^e most considerable places belonging to these Provinces, & yett brings inn noe more then 450₤l a year, supposeing that the possesor it was to doe y^e duty himself, which y^e deseasd Gent^man never did notwithstanding he had it for above fifteen years, it was executed by two deputies, one for the East division and y^e other for West, the Secretary himself generally living at Philadelfia, so that y^e place was to him a sinecure. In this way the Deputys gave him suffitient security, that of y^e East paid him 80¹¹ a year, & that of y^e West payd him, 80¹¹ a year, which all in sterling money makes about, 170¹¹, I have a very good Caracter of the Deputys, therefore have continued them upon y^e same footing under my son Billy whom I have named, untill farther orders from your Grace, not doubting but that out of your wanted goodness and indulgent care of us your Grace will further be so kind as to give it to him ; besides it will give me a little more power in that Province then I had which I doe assure your Grace is greatly wanting to Governers in these parts, for y^e Secretarys and their Deputys think themselves intirely independent of y^e Governers and allmost act accordingly which is a very great hindrance to y^e King's affairs, (I doe not spake as to myself for I make y^e right use of M^r Clarke he is my first minister) espetially at this time, since I am sorry to inform your Grace, that y^e example and spirit of the Boston people begins to spread amongst these Colonys In a most pro digious maner, I had more trouble to manige these people then I could have imagined, however for this time I have done pritty well with them ; I wish I may come off as well with them of y^e Jarsys. My Lord Augustus is with me, he is of all y^e young people that I have seen the most agreeable & unaffected with y^e finest notions of honesty and honour backed with a most excelant usefull understanding, and if I mistake not will turn out a very clever man. Grace and the little family joyns in their humble service to your Grace and the Duches, I have sent My Lady Duc[hess] a live beaver, it will eat frute or roots of any kinde, it must be keept near y^e round or square ponds

I am My Lord

Your Grace most oblidged

and faithfull servant

W. Cosby

I beg my service to Miss Betty.

E. B. O'Callaghan, editor, Documents relative to the Colonial History of the State of New-York (Albany, 1855), V, 936-937.

 

55. The Commission and Instructions of a Governor (1737/8)
BY THE LORDS COMMISSIONERS FOR TRADE AND PLANTATIONS

 

The extracts below are in the general form used in sending out all the governors. In the provincial governments the instructions to call assemblies and constitute courts gave privileges similar to those of the charter colonies. — Bibliography : E. B. Greene, List of Governors Instructions, in American Historical Review, III, 170.

 

GEORGE the second by the Grace of God, of Great Britain France and Ireland King, Defender of the Faith &c. To Our Trusty and Wellbelov'd Lewis Morris Senior Esq^r. Greeting. . . . know You that we reposing especial Trust and confidence, in the. Prudence Courage and Loyalty of you the said Lewis Morris, of Our especial Grace certain knowledge and meer Motion have thought fit to constitute and appoint & by these presents do constitute & appoint you the said Lewis Morris to be our Captain Gen^l. & Governor in chief in and over Our Province of Nova Cæsarea or New Jersey viz^t the Division of East & West New Jersey in America, which we have thought fitt to re-unite into One Province and settle under one entire Government.

And we do hereby require and command you to do and execute all things in due manner that shall belong unto your said Command and the Trust We have reposed in you, according to the several powers and Directions granted or appointed you by this Present Commission and the Instructions and authorities herewith given you, or by such further Powers Instructions and Authorities as shall at any time hereafter be granted or appointed you under our Signet and sign Manual or by Our Order in our Privy Council and according to such reasonable Laws and Statutes as now are in force or hereafter shall be made and agreed upon by you with the Advice and consent of Our Council & the Assembly of Our said Province under your Government in such Manner and Form as is hereafter expressed.

And Our Will & Pleasure is, that you the said Lewis Morris, after the Publication of these Our Letters Patents, do in the first Place take the Oaths appointed to be taken by an Act passed in the First Year of Our late Royall Father's Reign Entil^d. An Act for the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, And for Extinguishing the Hopes of the Pretended Prince of Wales & his open and secret Abettors : As also that you make and subscribe the Declaration mention'd in the Act of Parliament made in the 25^th. Year of the Reign of King Charles the Second Entituled an Act for preventing Dangers which may happen from Popish Recusants and likewise that you take the usual Oath for the due Execution of the Office and Trust of Our Captain Gen^l. & Governor in chief in and over our said Province of Nova Caesarea or New Jersey as well with regard to the due and impartial Administration of Justice as otherwise, and further that you take the Oath required to be taken by Governors of Plantations to do their utmost that the several Laws relating to Trade and the Plantations be observ'd. . . .

And We do hereby give and grant unto you full Power and Authority to Suspend any of the Members of Our said Council, from sitting voting and Assisting therein if you shall find just cause for so doing.

And if it shall at any time happen that by the Death departure out of Our said Province or Suspension of any of Our said Councillors or otherwise there shall be a Vacancy in Our said Council (any three whereof We do hereby appoint to be a Quorum) Our Will & Pleasure is that you Signify the same unto Us by the first Opportunity that We may under Our Signet and Sign Manual constitute and appoint others in their Stead. . . .

And we do hereby give & grant unto You full Power and Authority with the Advice and Consent of Our said Council from time to time as need shall require to Summon and call General Assemblies of the said Freeholders and Planters within your Government in manner and form as shall be directed in Our Instructions which shall be given You together with this Our Commission. . . .

And You . . . with the Consent of Our said Council and Assembly or a Major Part of them respectively shall have full Power and Authority to make constitute and ordain Laws Statutes and Ordinances for the Publick Peace Welfare and Good Government of Our said Province and of the People and Inhabitants thereof and such others as shall resort thereto and for the Benefit of Us Our Heirs and Successors which said Laws Statutes & Ordinances are not to be repugnant but as near as may be agreable to the Laws and Statutes of this Our Kingdom of Great Britain Provided that all such Laws, Statutes and Ordinances of what Nature or duration soever be within three Months or sooner after the making thereof transmitted unto Us under Our Seal of Nova Caesaria or New-Jersey for Our Approbation or disallowance of the same, As also Duplicates thereof by the next Conveyance.

And in Case any or all of the said Laws, Statutes and Ordinances (being not before confirm'd by Us) shall at any time be disallowed and not approved and so Signify'd by Us Our Heirs and Successors under Our or their Privy Council unto you ... or to the Commander in Chief of Our said Province for the time being then such and so many of the said Laws Statutes and Ordinances as shall be so disallowed & not approved shall from thenceforth cease determine and become utterly void and of none Effect anything to the contrary thereof notwithstanding.

And to the end that nothing may be passed or done by Our said Council or Assembly to the Prejudice of Us Our Heirs & Successors We will and Ordain that You . . . shall have and enjoy a Negative Voice in the making and passing of all Laws Statutes & Ordinances as aforesaid.

And you shall and may likewise from time to time as you shall Judge it necessary adjourn prorogue and dissolve all General Assemblys as aforesaid. . . .

And we do further by these Presents give and grant unto you . . . full Power & Authority with the Advice and Consent of Our said Council to erect constitute and establish such and so many Courts of Judicature and Publick Justice within Our said Province under your Government as you and they shall think fit and necessary for the hearing and determining of all Causes as well Criminal as Civil according to Law and Equity and for awarding of Execution thereupon with all reasonable & necessary Powers Authorities, Fees and Privileges belonging thereto As also to appoint and Commissionate fit Persons in the several parts of your Government to Administer the Oaths mentioned. . . .

And We do hereby give and grant unto you full Power and Authority where you shall see Cause or shall Judge any Offender or Offenders in Criminal Matters or for any Fines or Forfeitures due unto Us fit Objects of Our Mercy to pardon all such Offenders and to remit all such Offences Fines and Forfeitures, Treason and Willful Murder alone excepted in which Cases you shall likewise have Power upon extraordinary Occasions to grant Reprieves to the Offenders until and to the Intent Our Royal Pleasure may be known therein.

We do by these Presents Authorize and Impower you to Collate any Person or Persons to any Churches Chappels or other Ecclesiastical Benefices within Our said Province as any of them shall happen to be void.

And We do hereby give and grant unto you ... by your Self or by your Cap^ts. & Commanders by you to be Authorized full Power and Authority to Levy Arm Muster Command and Employ all persons whatsoever residing within Our said Province of Nova Cæsaria or New Jersey under your Government and as Occasion shall serve to March from one Place to another or to embark them for the resisting and withstanding of all Enemies Pirates Rebels both at Sea and Land and to Transport such Forces to any of Our Plantations in America (if necessity shall require for the Defence of the same against the Invasion or Attempts of any of Our Enemies and such Enemies Pirates and Rebels, if there shall be Occasion to pursue & prosecute in or out of the Limits of Our said Province and Plantations or any of them and if it shall so please God them to vanquish apprehend and take and being taken either according to Law to put to Death or keep and preserve alive at your Discretion and to Execute Martial Law in time of Invasion or other times when by Law it may be Executed and to do and Execute all and every other thing and things which to Our Cap^t. General and Gov^r. in Chief doth or ought of Right to belong. . . .

Provided Nevertheless that all disorders and Misdeameanours committed on Shore by any Cap^t. Commander Lieu^t. Master Officer Seaman Soldier or other Person whatsoever belonging to any of Our Ships of War or other Vessels acting by immediate Commission or Warrant from Our said Commiss^rs for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty may be tryed and punished according to the Laws of the Place where any such Disorders Offences and Misdemeanors shall be committed on Shore. .. .

Instructions to our Trusty and Wellbeloved Lewis Morris Esq^r. Our Captⁿ. General and Governor in chief in and over Our Province of Nova Cæsarea or New Jersey in America Given at

First With these Our In[s]tructions you will receive Our Commissⁿ. under Our Great Seal of Great Britain, constituting you Our Captⁿ. General & Governor in chief in & over Our Province of New Jersey, You are there fore with all convenient speed to repair to Our said Province and being there arrived you are to take upon you the Execution of the Place and Trust We have reposed in you and forthwith to call together the following persons, whom We do by these Presents constitute & appoint members of Our Council in and for that Province. . . .

3 You are forthwith to communicate unto Our said Council, such and so many of these Our Instructions, wherein their Advice & Consent are required, as likewise all such others from time to time as you shall find convenient for Our Service to be imparted to them.

4 You are to permit the Members of Our said Council to have and enjoy Freedom of debate and Vote in all Affairs of publick Concern that may be debated in Council. . . .

8 And in the choice & Nomination of the Members of Our said Council, as also of the Chief Officers, Judges, Assistants, Justices and Sheriffs, you are always to take care that they be men of good Life and well affected to Our Government, of good Estates & Abilities & not necessitious People.

9 You are neither to augment nor diminish the Number of Our said Council, as it is already established, nor to suspend any of the members thereof without Good and sufficient Cause, nor without the Consent of the Majority of the said Council. . . .

12 And Our Will & Pleasure is that with all convenient speed you call together one Gen^l. Assembly for the enacting of Laws for the joint and mutual Good of the whole Province. . .

14 You are to observe in the passing of Laws that the Stile of Enacting the same be by the Govern^r. Council & Assembly and no other ; you are also as much as possible to observe in the passing of all Laws that what ever may be requisite upon each different matter be accordingly provided for, by a different Law, without intermixing in one & the same Act such things, as have no proper Relation to each other and you are more especially to take Care that no Clause or Clauses be inserted in or annexed to any Act, which shall be foreign to what the Title of such respective Act imports, and that no perpetual Clause be made part of any temporary Law, and that no Act whatsoever be suspended, alter'd, continued, revived or repealed by Gen^l. Words, but that the Title and Date of such Act so suspended alter'd, continued, revived or repeal'd be particularly mention d and expressed in the enacting part. . . .

17. It is Our express Will & Pleasure that no Law for rais^g any Imposition on Wines or other strong Licquors, be made to continue for less than one whole Year, and that all other Laws made for the Supply & Support of the Governm^t. shall be indefinite and without Limitation, except the same be for a Temporary Service, and wh^ch. shall expire and have their full effect within the time therein prefixt.

18. And whereas several Laws have formerly been enacted for so short a time that the Assent or Refusal of Our Royal Predecessors could not be had thereupon before the time for which such Laws were enacted did expire, you shall not for the future give your Assent to any Law that shall be enacted for a less time than two Years (except in the Cases mention'd in the foregoing Article) . And you shall not re-enact any Law to which the Assent of Us or Our Royal Predecessors has once been refused without Express Leave for that Purpose first obtained from Us. . . .

20. . . . We do hereby will and require you not to pass or give your Consent hereafter to any Bill or Bills in the Assembly of Our said Province of unusual and extraordinary Nature and importance, wherein Our Prerogative, or the Property of Our Subjects may be prejudiced, or the Trade or Shipping of this Kingdom any ways affected, until you shall have first transmitted to Us the Draught of such a Bill or Bills and shall have receiv'd Our Royal Pleasure thereupon unless you take care in the passing of any Bill of such Nature as before mention'd that there be a Clause inserted therein, suspending & deferring the Execution thereof until Our Pleasure shall be known concerning the same : And it is Our express Will & Pleasure that no Duty shall be laid in the Province under Your Government upon British Shipping or upon the Product or Manufacture of Great Britain, And that you do not upon Pain of Our highest Displeasure give your Assent to any Law whatsoever, wherein the Natives or Inhabitants of New Jersey are put on a more Advantageous footing than those of this Kingdom. . . . 22. You are to transmit Authentick Copies of all Laws, Statutes and Ordinances that are now made a,nd in force which have not yet been sent or which at any time hereafter shall be made or enacted within the said Province. . . .

26. Whereas several Inconveniencies have arisen to Our Governments in the Plantations by Gifts and Presents made to Our Governors by the General Assemblies. You are therefor to propose unto the Assembly at their first meeting, after your Arrival, and to use your utmost Endeavours with them that an Act be pass'd for raising and settling a publick Revenue for defraying the necessary Charge of the Government of Our said Province, And that therein Provision be particularly made for a competant Salary, to yourself. . . .

29. Whereas great Prejudice may happen to Our Service and the Security of Our said Province under your Government by your absence from these parts, you are not upon any pretence whatsoever to come to Europe from your Government without having first obtained Leave for so doing, under Our Signet and Sign Manuel or by our Order in Our Privy Council. . . .

36. You shall not displace any of the Judges, Justices, Sheriffs, or other Officers or ministers within Our Said Province without good and sufficient Cause to be signified unto Us and to Our said Comm for Trade and Plantations. . . .

42. You are to take care that no Man's life, Member, Freehold or Goods be taken away, or harmed in Our said Province otherwise than by establish'd & known Laws, not repugnant to, but as much as may be agreeable to the Laws of this Kingdom. . . .

44. You shall endeavour to get a Law pass'd (if not already done) for the restraining of any inhuman Severity, which by ill Masters, or Overseers may be used towards their Christian Servants, and their Slaves, and that provision be made therein, that the willfull killing of Indians, & Negroes may be punish'd with Death, and that a fit Penalty be imposed for the maiming of them. . . .

54. And you are also with the Assistance of the Council & Assembly to find out the best means to facilitate & encourage the Conversion of Negroes, & Indians to the Christian Religion.

55. You are to permit a Liberty of Conscience to all Persons (except Papists) so they be contented with a quiet & Peaceable Enjoyment of the same, not giving Offence or Scandal to the Government.

56. You shall take especial care that God Almighty be devoutly and duely served throughout your Governm^t. the Book of Common Prayer, as by Law established read each Sunday & Holyday, and the Blessed Sacrament administred, According to the Rites of the Church of England. . . .

67. You shall not upon any Occasion whatsoever establish or put in Execution any Articles of War or other Law Martial upon any of Our Subjects, Inhabitants of Our said Province, without the Advice & Consent of Our Council there. . . .

85. And whereas in the late War the Merchants & Planters did Correspond and Trade with Our Enemies and carry Intelligence to them, to the great Prejudice & Hazard of the English Plantations, you are therefore by all possible Methods to endeavour to hinder all such Trade and Correspondence in time of War. . . .

93. And you are upon all Occasions to send unto us by One of Our principal Secretaries of State and to Our Com^rs. for Trade and Plant^s. a particular Acc^t. of all your Proceedings & of the Condition of Affairs within your Government.

William A. Whitehead, editor, Documents relating to the Colonial History of the State of New Jersey (Newark, 1882). VI, 2-51 passim.

 

56. One Thousand Pounds for a Governorship (1740)

BY SECRETARY GEORGE CLARKE, JR.

 

Clarke's father came to New York as secretary of the province; later he satisfactorily administered the affairs of New York as lieutenant-governor. The letter is directed to Lord Delaware. — Bibliography : Winsor, Narrative and Critical History, V, 200.

 

My Lord.

MY father since his being appointed His Maj^tys Lieut : Gov^r of New York, has in all his letters to M^r Walpole Auditor Gen^l and his other friends here, represented that an unruly spirit of independency, and disaffection had at last got to such a hight in that province, that he found the weight and Authority of a Lieut^t Gov^r , though managed in the best manner, would not be able to subdue it : but that if His Majesty should be pleased to invest him with the Commission of Gov^r in chief, he had the greatest reason to be assured that as he had naturally the affections of the people, he should be able when they should know what they had to trust to, to carry on His Maj^tys affairs with much more success at this important and critical juncture — M^r Walpole seemed lately, so convinced of the truth of these representations, that he was pleased to say, he could wish, Your Lord^p would, to facilitate His Maj^tys affairs, move His Grace the Duke of Newcastle in my fathers favour. Encouraged by this and by Your Lord^p's late favours, I most humbly presume to intreat your Lordship, that your Lord^p would in consideration of what is above set forth be pleased to move His Grace the Duke of Newcastle on my Fathers behalf, that he may succeed your Lord^p in that Govern^t. This will greatly facilitate his Maj^tys affairs, and as it will be some advantage to my father, and Your Lord^p has been put to great charge in passing Your Commissions ettc. I shall upon such appointment immediately pay Your Lord^p one thousand Guineas to indemnify Your Lord^p from any loss, or expence occasioned thereby, which is all that the Govern^t there under its present circumstances allows me to offer — I am

My Lord.

Your Lordships

most obedient and most humble servant

London June 20^th 1740. (signed.) George Clarke Jun^r

E. B. O'Callaghan, editor, Documents relative to the Colonial History of the State of New-York (Albany, 1855), VI, 163-164.

 

57. A Governor's Perquisites (1743-1746)

BY GOVERNOR GEORGE CLINTON

 

Clinton was governor of New York from 1743 to 1753, at a time when the position had ceased to be financially desirable. — Bibliography : Winsor, Narrative and Critical History, V, 200-204.

 

SHORT heads to show the reasonableness of Governor Clinton's application for an allowance by way of equipage money. 1743.

1^st Upon the apointment of Governors the Crown have frequently made an allowance by way of equipage money in order to assist 'em towards defraying the very considerable expence, the equipping and fitting them out for their own Govern^ts must necessarily occasion and this without any other reason ;

Whereas in Governor Clinton's case there are many strong reason's, to be offered in support of this application, For :

 

2^nd The Govern^t of New York will not be near so valuable to Gov^r Clinton as it has been to his predecessors —The Province of New Jersey having always till now been united with New York, and under the same Government, and the salary paid by New Jersey has always been ₤1000 besides other considerable advantages, so that the making New Jersey a separate and distinct Govern^t makes New York at least ₤1000 a year less in value to Gov^r Clinton than it was to his predecessors.

3^rd Former Governors had the advantage of one of the four companyes, besides the paying all the four Company's, which were together at least ₤2000 per annum, but which from the present method of paying those Company's Governor Clinton will be totally deprived of.

4^rth Former Governours have always had a mojety of their salary's from the date of their Commission to the time of their arrival in New York, but which from the different method the Assembly's of New York have lately fallen into in raising and paying this salary, Governor Clinton will have no advantage of, but from the time he shall actually arrive at New York, and get an act passed for that purpose.

5^th Former Governors have likewise had considerable advantages from granting lands — But Governor Clinton can expect no benefit of this kind, there being now no vacant lands remaining to grant.

This Therefore hoped it will be thought reasonable to make Governor Clinton an allowance, by way of equipage money, towards assisting him, in defraying the expences of fitting himself out for his Government. . . .

My Lord. [January 26, 1743/4.]

I take the liberty to acquaint your Grace that Lieut^t Govern^r Clark has told me he proposes going from hence in the spring with his family, and has strongly pressed me to trouble Your Grace in behalf of his son Hyde Clark who is a Lieut^t in my company here that you would be pleased to give consent to his being removed from hence into General Oglethorps Regim^t to which the Lieut^t Govern^r has wrott to the General, whereby he hopes with the interest of his Friends he may rise in the service, I shall be highly obliged to your Grace for your concurrance and interest therein, for this reason, that if Lieut^t Clark is removed there will be a vacancy, and as all my predecessors upon the occasion has claimed the nomination of a successor, as an emolument of this Govern^t, so I hope it will be considered by Your Grace to speak to S^r Willⁿ Young that I should be indulged with the like privilidge, since so great a part of my income is curtailed by an appointment of a Governor of the Jersey, and several large perquisites take off, which before was always an appendix to this Govern^t and without Your Grace will stand my friend for me to name the vacancy's here, I shall loose these little douceurs, which even the Lieut^t Gov^r has found the advantage off. . . .

My Lord. New York 10^th June l746.

I must always acknowledge with a great many thanks the many favours I have received from your Grace and particular the last in obtaining for me this government, tho' it has fallen far short of what it was represented in regard to the support of a Governor, and to the climate, which has been fatal to one of my family, nor have I or any of the rest enjoyed any share of health since we have been in the Province. I am obliged to send my son out for change of air, he having had an ague & feaver for above this ten months, which has wore him to nothing. Therefore I am become a petitioner in behalf of my self and family, to beg of your Grace to get me his Majesty's leave to come to England for the recovery of my health, having very much empaired my hearing and eye sight.

As I offered my service to command the squadron to be appointed to go against Louisbourg, and took it for granted this present expedition would follow, and from some hint I had from home, I did not think I should have failed ; but tho I did not obtain it, I hope when I have leave to return to England that the Lords of the admiralty will appoint me some command to come home with from hence, as I take it for granted ships will be going home in the fall ; as they appointed Commidore Knowles a command to bring him out to his government. This I must beg your Graces assistance in, as it may be a chance of making some little profit going home, which I have had no opportunity of doing here ; but intirely submitt every thing to Your Grace . . .

E. B. O'Callaghan, editor, Documents relative to the Colonial History of the State of New-York (Albany, 1855), VI, 246-310 passim.

 

58. Recommendation for the Removal of a Governor (1762)

BY THE LORDS COMMISSIONERS FOR TRADE AND PLANTATIONS

 

This extract illustrates the remedy for persistent disobedience or corruption on the part of a governor.

 

COPY of Representation from the B: of Trade to the King in Council, for removing M^r. Hardy from the Government of New Jersey, dated March 27^th. 1762 for his having appointed three Judges of that Province during their good behaviour, in Disobedience to his Majesty's Instructions.

To the Kings most Excellent Majesty,

May it please your Majesty . . .

We have already in Our humble Representation to your Majesty of the 11^th. of November last so fully set forth Our Opinion of the impropriety of the Judges in the Plantations holding their Offices during good behaviour and the operation, w^ch. in the present state of those Plantations such a Constitution would have to lessen their just and proper dependance upon your Majesty's Government that it is unnecessary for Us to add any thing further upon that head, and your Majesty's General Instructions to all your Governors and those Instructions in particular which were grounded upon that Representation are so full and so positive that We cannot offer any thing that may in the least degree extenuate so premeditated and unprecedented an Act of disobedience of your Majesty's Governor of New Jersey, in a matter so essential to your Majesty's interest and Service, not only in that Province but in all other your Majesty's American Dominions.

The appointing M^r Morris to be Chief Justice after the Contempt he had shown of your Majesty s authority, by procuring a person who had been appointed to that Office in consequence of His late Majesty's Warrant, to be superseded by a Judgment of that Court, in which he claimed to preside by a bare authority of the Governor, is alone such an example of misconduct, as does, in our opinion, render the Governor unworthy of the Trust your Majesty has conferred upon him. But aggravated as his Guilt is by the mode of the appointment and by the influence which it will necessary have in the neighbouring Provinces of Pensylvania and New York, and particularly in the latter, where the utmost zeal and efforts of the Lieut^t Governor has been hardly sufficient to restrain the intemperate zeal and indecent opposition of the Assembly to your Majesty's authority, and Royal Determination upon this point : It becomes, under these Circumstances, our indispensible duty to propose that this Gentleman may be forthwith Recalled from his Government, as a necessary example to deter others in the same situation from like Acts of Disobedience to your Majesty's Orders, and as a measure essentially necessary to support your Majesty s just Rights and authority in the Colonies and to enable Us to do Our duty in the station your Majesty has been graciously pleased to place Us in, and effectually to execute the Trust committed to Us.

Which is most humbly submitted.
Sandys	Ed. Eliot
Soame Jenyns	Geo: Rice
Ed. Bacon	John Roberts
John Yorke

Whitehall March 27^th. 1762

F. W. Ricord and W. Nelson, editors, Documents relating to the Colonial History of the State of New Jersey (Newark, 1885), IX, 361-362 passim.

 

59. The Ground of Dispute over Salaries (1764)

BY LATE GOVERNOR THOMAS POWNALL

 

This question was the chief occasion of dispute between governors and their assemblies. Pownall had special opportunities for knowing the difficulties of the situation. — Bibliography as in No. 53 above.

 

THE next general point yet undetermined, the determination of which very essentially imports the subordination and dependance of the colony governments on the government of the mother country, is, the manner of providing for the support of government, and for all the executive officers of the crown. The freedom and right efficiency of the constitution require, that the executive and judicial officers of government should be independent of the legislative ; and more especially in popular governments, where the legislature itself is so much influenced by the humours and passions of the people ; for if they be not, there will be neither justice nor equity in any of the courts of law, nor any efficient execution of the laws and orders of government in the magistracy : according, therefore, to the constitution of Great Britain, the crown has the appointment and payment of the several executive and judicial officers, and the legislature settles a permanent and fixed appointment for the support of government and civil list in general : The crown therefore has, à fortiori, a right to require of the colonies, to whom, by its commission or charter, it gives the power of government, such permanent support, appropriated to the offices, not the officers of government, that they may not depend upon the temporary and arbitrary will of the legislature.

The crown does, by its instructions to its governors, order them to require of the legislature a permanent support. This order of the crown is generally, if not universally rejected, by the legislatures of the colonies. The assemblies quote the precedents of the British constitu tion, and found all the rights and privileges which they claim on the principles thereof. They allow the truth and fitness of this principle in the British constitution, where the executive power of the crown is immediately administred by the King's Majesty ; yet say, under the circumstances in which they find themselves, that there is no other measure left to them to prevent the misapplications of public money, than by an annual voting and appropriation of the salaries of the governor and other civil officers, issuing from monies lodged in the hands of a provincial treasurer appointed by the assemblies : For in these subordinate governments, remote from his Majesty's immediate influence, administred oftentimes by necessitous and rapacious governors who have no natural, altho they have a political connection with the country, experience has shewn that such governors have misapplied the monies raised for the support of government, so that the civil officers have been left unpaid, even after having been provided for by the assembly. The point then of this very important question comes to this issue, whether the inconveniencies arising, and experienced by some instances of misapplications of appropriations (for which however there are in the King's courts of law, due and sufficient remedies against the offender) are a sufficient reason and ground for establishing a measure so directly contrary to the British constitution : and whether the inconveniencies to be traced in the history of the colonies, through the votes and journals of their legislatures, in which the support of governors, judges, and officers of the crown will be found to have been withheld or reduced on occasions, where the assemblies have supposed that they have had reason to disapprove the nomination, — or the person, or his conduct ; — whether, I say, these inconveniencies have not been more detrimental, and injurious to government ; and whether, instead of these colonies being dependent on, and governed under, the officers of the crown, the scepter is not reversed, and the officers of the crown dependent on and governed by the assemblies, as the Colonists themselves allow, that this measure "renders the governor, and all the other servants of the crown, dependent on the assembly." This is mere matter of experience ; and the fact, when duly enquired into, must speak for itself: — but the operation of this measure does not end here; it extends to the assuming by the assemblies the actual executive part of the government in the case of the revenue, than which nothing is more clearly and unquestionably settled in the crown. In the colonies the treasurer is solely and entirely a servant of the assembly or general court ; and although the monies granted and appropriated be, or ought to be, granted to the crown on such appropriations, the treasurer is neither named by the crown, nor its governor, nor gives security to the crown or to the Lord High Treasurer, (which seems the most proper) nor in many of the colonies, is to obey the governor's warrant in the issue, nor accounts in the auditor's office, nor in any one colony is it admitted, that he is liable to such account. In consequence of this supposed necessity, for the assembly's taking upon them the administration of the treasury and revenue, the governor and servants of the crown, in the ordinary revenue of government, are not only held dependent on the assembly, but all services, where special appropriations are made for the extraordinaries which such services require, are actually executed and done by commissioners appointed by the assembly, to whose disposition such appropriations are made liable. It would be perhaps invidious, and might tend to prejudging on points which ought very seriously and dispassionately to be examined, if I were here to point out in the several instances of the actual execution of this assumed power, how almost every executive power of the crown lodged in its governor, is, where money is necessary, thus exercised by the assembly and its commissioners. I beg leave here to repeat, that I do not enter into the discussion of these points ; my only aim is, fairly to state them, giving the strongest and clearest explanations I am capable of to both sides, that the discussion may be brought to some determinate issue ; — and from that state of them to suggest, the absolute necessity there is of their being determined by that part of government, which shall be found to have the right and power to determine them ; and to be so determined, that while the rights, liberties, and even privileges of the colonies are preserved, the colonies may be retained in that true and constitutional dependance to the mother country, and to the government of the mother country, which shall unite them to it as parts of one whole.

It is a duty of perfect obligation from government towards the colonies, to preserve the liberty of the subject, the liberty of the constitution : It is a duty also of prudence in government towards itself, as such conduct is the only permanent and sure ground, whereon to maintain the dependance of those countries, without destroying their utility as colonies.

Thomas Pownall, The Administration of the Colonies (London, 1765), 49-54.

 

60. A Reprimand to a Colonial Governor (1772)
BY SECRETARY THE EARL OF DARTMOUTH

 

Dartmouth was one of the English secretaries of state from 1772 to 1775, and in charge of colonial affairs. This rebuke illustrates the discipline which might be applied to governors, short of removal (see No. 58 above).

 

Sir,

Whitehall. 9. Dec^r 1772.

AS I have mentioned to you in my Dispatch of this day's date N^o 4. that the state of what has passed respecting the lands between the Rivers Hudson & Connecticut and also respecting grants of Lands in General, would probably be the subject of a separate letter, I must not loose this opportunity of telling you that the Reports of the Board of Trade upon those subjects have not yet been decided upon at the Council Board, and therefore the instructions which I am to give, in consequence of their Lord^pps determination, must be deferred till the next Packet — It becomes my duty however, in obedience to the King's commands, to acquaint you, that the deviations from the letter, & spirit of the Kings instructions in respect to the New Hampshire Townships to the west of Connecticut River ; to grants of Land to the North of Crown point, and to Licenses to private persons to purchase lands of the Indians, are very much disapproved by the King, and that the reasons assigned by you for that deviation in the first of those cases do not appear at present either to excuse or extenuate a disobedience to the King's commands declared in the most clear and positive manner.

I am further to acquaint you that the sentiments expressed in Lord Hillsborough's letter to you of the 4^th day of December 1771. concerning the unwarrantable and collusive practice of granting Lands in general are fully adopted by the King's servants, and I was exceedingly surprised to find that such an intimation to you on that subject had not had the effect to restrain that practice, & that the same unjustifiable collusion had been adopted to a still greater extent in the Licenses you have granted to purchase Lands of the Indians.

As all the facts however, are now under examination in the privy Council, I will not anticipate their Lord^pps resolutions thereupon ; but in the mean time it is the King's pleasure and positive command that you do not, upon any pretence whatever, sign any Grant or Patent for those Lands ; that you do not either upon your own judgement, or by the advice of others, presume to depart from the letter of the King's Instructions, or to Act contrary in any respect to such explanations of them as you may have received from those to whom His Maj^ty has intrusted the signification of his commands, which commands ought ever to be held sacred, and which it will be my duty to see obeyed, so long as I continue in the situation in which His Majesty has been graciously pleased to place me —

I am ettc
Darmouth

 

E. B. O'Callaghan, editor, Documents relative to the. Colonial History of the State of New-York (Albany, 1857), VIII, 339.