In January 1731-2, col. Cofby was appointed governor of New-York and the Jerfies: after a few years he died in New-York.

Auguft 1736, George Clarke, Efq; lieut. governor of New-York fucceeded in the administration, and continued fome

years.

George Clinton, Efq;

uncle to the earl of Lincoln, was appointed governor of New-York in May 1741, he did not arrive in his government until September 21, 1743; he continues governor at this prefent writing, July 1751.

Concerning the legislature and laws of New-York.

It is a fundamental in the British constitution both at home and abroad, in all the plantations, to make no laws, nor to raise any money without the confent of the people. The legiflature of the colony of New-York confifts of three negatives.

1. The governor or commander in chief for the time being.

2. The council; their complement is twelve in number, appointed by the king; when by death or other circumstances they fall fhort of a certain number, the governor may pro tempore fill them up to that number.

3. The 27 reprefentatives of the people elected by themselves; they are all county reprefentatives, excepting the reprefentatives of four towns, and of three great mannors, viz. For the county of

Richmond

King's

New-York county and city 4
Albany city

2

2

2

Weft-Chefter borough

I

* The hon. George Clinton Efq; is at present admiral of the white.

I.

In each of our colonies there are fome fundamental conftitutions which may be reckoned as invariable. In the charter governments, their charters are their direction. 2. In the proprietary governments of Maryland, Jerfies, † and Penfylvania, there are the proprietors original conceffions to the people, not to be varied, buț under certain reftrictions; for instance, in Pensylvania, no article in the law of Mr. Penn's conceffions can be, altered without the confent of fix in feven of the affembly men or reprefentatives. 3. In the royal or crown governments, the governor's commiffion with the inftructions, are the magna charta of the colony during that commiffion; moreover, fome of the affemblies in king's government at their firft congrefs or formation, make fundamental laws for themselves; I: fhall, for inftance, adduce that of New-York. Amongst our colonies we have very confiderable variations in their conftitutions. In Penfylvania there are only two nega-. tives in the legislature, the council having no negative, In Virginia no bill can originate with the council. In fome colonies the governor and council are the fupreme court of judicature; in others they are no court of judicature.

The New-York printed law-book begins April 1691 with a magna charta or fundamental conftitution, viz. That the kings of England only, are invefted with the right to rule this colony; and that none can exercise any authority over this province, but by his immediate authority under his broad feal of the realm of England. That the fupreme legislative power and authority (under the king) fhall be in the governor, council, and reprefentatives of the people in general affembly; the exercise and administration of the government fhall be in the governor and council, with the confent of at least fiveof the council; to govern according to the laws of the

Jerfies ever fince 1702 is become a king's government, but they ftill obferve the concellions of the proprietors called their law of con

every

province, or in defect of them, by the laws of England. Upon the death or abfence of a governor, the first in nomination of the council to prefide. That every year there be held an affembly, and freeholder of 40s. per ann, and freeman of a corporation, fhall have a vote in chufing reprefentatives; here the reprefentatives are enumerated, and as many more as his majesty shall think fit to eftablish. That the reprefentatives during their feffions, may adjourn themselves and purge their own house; no member going, coming, and during the feffions, to be arrested or fued, except for felony and treafon. Their laws to continue in force till difallowed by his majefty, or till they expire. That every man fhall be judged by his peers, and all tryals fhall be by the verdict of 12 men of the neighbourhood; that in all capital and other criminal cafes there be a grand inqueft to prefent the offender, and afterwards 12 men to try the offender. That in all cafes bail by fufficient fureties be allowed, unless in cafe of treason, and of fuch felonies as are reftrained from bail by the laws of England. That no tax or impofition be laid but by the general affembly. That no freeman, tavern-keepers excepted, be compelled to entertain any foldier or mariner, unless in times of actual war with the province. — That all lands in this province be accounted as freehold and inheritance in free and common foccage, according to the tenure of Eaft-Greenwich in England. That all wills attested by three or more witneffes, and registered with the office of the county in a fet time, be a fufficient conveyance for lands, &c. That any chriftian religion not difturbing the peace of the province, be freely allowed of, the Roman catholick excepted. † The enacting ftile is," By the governor, council, and general affembly of "the province of New-York."

A fummary cannot enumerate many of their municipal

In Pensylvania and Maryland, by the royal patents, by the proprietors conceffions, and by the fubfequent provincial laws, Roman catholicks are not excepted.

laws.

laws. The juftices of each county fhall yearly fummon all the freeholders in January to chufe two church wardens and 10 veftry men to affefs, and the minifter to be called, chofen and appointed by the wardens and veftry Elections for reprefentatives to be in the fheriff's court of the county or city, qualification for a voter 40s. at leaft freehold per annum improved land, no perfon to be chofen but who refides in the place. An. 1700 there was no act to prevent all vexatious fuits or actions against those who at the happy revolution in England, did here begin fuch another revolution; they appointed capt. Jacob Leyfler their commander in chief till his majefty K. William's pleasure fhould be known; and did feize the perfons and goods of feveral difaffected people. In each county or town, at the feffions of the peace, the juftices of the peace, or at least five of them, whereof two of the quorum, fhall appoint the rate for their county, as also a treasurer and collector. All men from 16 to 60 æt. to be lifted in fome company of militia; each foot-man to have a cartouch box and fix charges, the horfe 12 charges; at their habitation to keep one pound powder, three pound bullets each foot; and two pound powder, and fix pound bullets each horse.

In the province of New-York, to obtain a good title to vacant lands, firft there must be produced an Indian deed, which must be approved of by the governor and council; by warrant it is furveyed by the provincial furveyor, and patented by the governor and council: the fees are very high.

The quit-rents for lands lately taken up are 2 s. proclamation money per 100 acres. Two thirds of the government pay fmall or no quit-rents, especially for old grants, the larger grants on Hudfon's river called mannors; their quit-rents are only a pepper-corn, buck-fkin, or the like, when demanded.

The valuations of the feveral counties may be taken

from

from the quotas allowed each of them, in proportion to their refpective taxes, when paper money was emitted upon loan; for inftance 1738, they emitted 40,000 1. currency upon loan, whereof.

To New-York city and county
Albany city and county

10,000l.

5,000

Queen's county

6,000

As to their paper currencies they are referred with other things of that nature to the appendix. At prefent I fhall only observe, that towards the charge of an intended expedition against Canada 1709, they emitted 13,000l. publick bills of credit at 8 s. currency per oz. filver, bearing intereft; in the after emiffions, no intereft was allowed, the contrivers of this fraudulent paper money currency, perceived that a reasonable intereft would prevent its depreciation, and obftruct the advantages which they propofed from its depreciation. || They plaufibly and fallaciously alledged, that the allowing of intereft, occafioned their being hoarded up as common bonds bearing intereft, and did not ferve as a

This was the cafe in the enormous multiplied emiffions of paper credit or money, as it was called, in a neighbouring province; as the governor happened himself to be of the debtor fide of the queftion, and for valuable confiderations, as it is faid, instead of borrowing the money already emitted, from the merchants at a reasonable intereft, which they generously offered, and which would have prevented further depreciating emiffions; he chofe rather, though with the confequence. of involving the country in confufion and ruin, in favour of the land bank (an afumed name) and other fraudulent debtors, to depreciate the debts by valt multiplied emiffions bearing no intereft.

common