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ABRAHAM CLARK ON AMERICAN AFFAIRS IN 1777.

(From the original manuscript in the Emmet Collection in the New York Public Library.)

BALTIMORE Febry 8. 1777.

DR SIR,

I lately heard the Assembly of New Jersey had met but cannot learn where am therefore unable to give a proper direction. The four New England Colonies have had a meeting of Committees from their Legislatures to consult measures for their mutual defence & for regulating Trade & Commerce-Their proceedings are before Congress, and I expect will soon Obtain their Approbation, and recommendation will thereupon be sent to N. York, N. Jersey Pensa. & Maryland to appt. Comees, to meet at Phila. for the purpose of regulating the Price of all Articles of trade &c-the Southern States will also be desired to meet for that purpose, those matters if passed you will soon have notice of.

I am much alarmed with Gen. Washington's Procl". of the 25th Janry.-he hath assumed the Legislative & Executive powers of Government in all the states-I moved Congress to pass a Resolution I produced for preventing its fatal Consequences and the Establishing such a precedent. My motion was Comtd, and is now before the Come. . . I hope our Legislature will take proper Notice of it, whatever issue it may have in Congress, and not tamely Submit their Authority to the Controul of a power unknown in our Constitution; We set out to Oppose Tyranny in all its Strides, and I hope we shall persevere.

A Regulation for providing Carriages for the Army & to prevent as much as possible the Custom of impressing hath long been before Congress Comtd. & recomtd, and so it remains- I Wish you will not delay passing a Law for Regulating impresses of this kind... The Devastations of New Jersey by the Enemy will I think make it Necessary to prevent Cattle &c. running at large, as fences on the main road are mostly destroyed and cannot soon be made, and I think, no person ought to be compelled to fence agst street Cattle at any Time. . . . Mr. Sergeant talks of resigning and Mr. Stockton by his late proceedure cannot Act, I wish their places may be supplied by such as will be reputable to New Jersey, not only by their integrity but Abilities. . .

The Tories in the two lower Counties of Maryland on the Eastern shore & Sussex on Delaware, are very troublesome and C*** ting forces Aided by several Men of War in Delaware but more Especially in Chesopeek. Bay. The Militia & two Contin' Regiments are marching Against them.

I expect Congress will soon remove from hence to Lancaster, tho' it is not yet determined if that should happen I shall be greatly perplexed with the Chests. One Chief reason for removing is the Extravagant price of Living here, the poorest of board without any Liquor, a Dollar a day horse keeping 3/6 or 4/ Wine 12/a

bottle, Rum 30/ pr Gall. and everything else in proportion and likely soon to rise. am Dr Sir, with great Regard to your House,

JOHN HART Esq'.

Your Obedt. & Humble, Servt.
ABRA: CLARK

P.S. The Price of living I only gave you as a piece of intelligence & not to Opperate in our favour, as upon Recollection I feared you might look upon it as interested. . .

I pd. for bringing one Chest here £22: Msrs Scudder & Patterson Consenting. at Writing thus far I hear you are sitting at Haddonsfield.

[Addressed:] The Honourable,

JOHN HART Esq'.

Speaker of the Assembly,
Now Sitting in Haddonsfield
New Jersey.

PUBLICATIONS RELATING TO NEW YORK AFFAIRS UNDER GOVERNOR COSBY.

The New York Public Library has recently acquired a folio volume of seventy-three documents, in print and in manuscript, relating to affairs in New York under the administration of Governor William Cosby, 1732-1736. Fifty-eight of these documents refer to the political struggle carried on between Rip Van Dam and the liberal party, and the Governor and the court party; the last fifteen relate mainly to Rev. Alexander Campbell, to his participation in the political discussions of the time, and to the accusation of various immoralities brought against him before the Bishop of London, by Rev. William Vesey, rector of Trinity church. The collection was brought together by James Alexander, a member of the council, and a participator in many of the events in question. It came to the library indirectly from the Rutherford family, into whose hands it passed, probably, from Catherine, daughter of James Alexander, who married, secondly, in 1758, Walter Rutherford. Their son was John Rutherford, who was born in 1760 and died in 1840; his armorial book plate is in the volume.

With the titles of the publications in this volume (which are marked as COSBY 1-73) are incorporated also titles of a few other works in the library relating to the same affairs. The New York State Library possesses a volume similar to the above, which was brought together by J. P. Zenger, according to the statement in the Narrative and critical history of America (vol. 5, p. 242). Many of the titles are the same in the two volumes; differences are noted in this list under the corresponding headings, and in addition are given here the two following titles that seem to have no corresponding representatives in our volume: Letter from (P. P.) in New-York, to his friend in London, 1733, 4 pp., sm. 4°, and A Word in Season, New-York, Sept. 28, 1736 (printed by Zenger), 2 pp. F°.

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The advertisement announcing the reprinting of the charter appeared in Bradford's Gazette, no. 544, March 28 to April 5, 1736. The first edition was printed by Bradford at New York in 1707.

Alexander (James). New-York, March 24, 1735, 6. Whereas on the 13th day of this Instant March... [Declaration that he never advised or consented to George Clarke's taking the administration of government, or to his issuing any proclamation, or to his doing any Act of Government whatsoever, as president.] [New York: Printed by William Bradford, 1736.] I page. F. COSBY 37 Alexander (James) and Smith (William). The Vindication of James Alexander, One of His Majesty's Council for the Province of New-York, and of William Smith, Attorney at Law, From the Matters charged and suggested against them in two Pamphlets lately published. The One A Paper addressed to the Mayor, Aldermen and Commonalty of the City of New-York, by the Honourable Francis Harrison, Esq., one of His Majesty's Council, for the Province of New-York. The Other A Report of the Committee of His Majesty's Council, to whom it was referred to examine and make Inquiry touching a Letter found in the House of Mr. Alexander, in New-York on Fryday the 1st of February, 1732-3, in order to make the fullest Discovery concerning the Author of the same. To which is added A Supplement Containing A brief Account of the Case of William Trusdell, Plaintiff, against the Honourable Francis Harison, Esq., Defendant, For

Arresting and Imprisoning the Plaintiff and keep-
ing him 9 Weeks in Prison; at the Suit of Joseph
Weldon, without the Assent, Consent, or Knowl-
edge of the same Joseph Weldon. Which Cause
was tried in the Supream Court of New-York, on
the 19th of April, 1734, wherein the Jury found for
the Plaintiff Trusdell 7.150. Damages, and Costs of
Suit. Printed by John Peter Zenger, and to be sold
by him at his House in Broad Street, near the upper
End of the long Bridge, in New-York, 1733 [i. e.
1734], Price Is.
F°.
I p. l., 20 pp.

In Zenger's Journal, no. 24, April 15, 1734, appeared the following: There is now in the Press and will soon be published, the Vindication of James Alexander, Esqr.," etc. In no. 27, May 6, 1734, the Vindication is announced as published this day.

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There are corrections on page 9 apparently in the handwriting of James Alexander; on page 19 has been written a transcript from the records of the supreme court Oct. 18, 1737, reversing the rule by which Alexander and Smith were excluded from practice before the court. There are also a few notes on the blank reverse of page 19.

American (The) Weekly Mercury. From Friday, December 14. to Friday December 21. 1733. No. 729. Philadelphia: Printed and Sold by Andrew Bradford, Post-Master. 6 pp. F. COSBY 8 It contains an account of the troubles between Governor Cosby and Rip Van Dam.

American (The) Weekly Mercury. From Tuesday March 9, to Tuesday March 16, 1735, 6.

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One of the margins and part of the text has been cropped away.

Blenman (Jonathan). See Remarks on Zenger's Tryal.

Campbell (Alexander). A True and Just Vindication of Mr. Alexander Campbell From The several Aspersions cast upon him, and that Load of undeserved Calumny and Reproach, he at present lyes under. In a Letter directed, To Edmund, Lord Bishop of London. New York: Printed by John Peter Zenger, MDCCXXXII. 14 pp. 12°. A-B3 in fours.

COSBY 61 Campbell (Alexander). A Supplement To The Vindication Of Mr. Alex. Campbell: Wherein All the Objections made to the said Vindication are answered, particularly, those in a late Paper, called, Mr. Noxons Observations, &c. New-York: Printed by J. Peter Zenger, in Smith-Street. [1732.] 35 pp.

12. A-D5 in fours.

COSBY 62

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Bonaventura

Capedevilla (Bonaventura). Capedevilla, of Lisbon, in the Kingdom of Portugal, Merchant, Complainant against the Honourable Collonel Cosby, late Commander in Chief of his Majesty's Island of Minorca, and the Royal Court of Judicature there. [London, 1735?] 4 pp. F°.

COSBY 30 The text would seem to indicate that it may have been printed about twelve years earlier.

Document: Clarke (George) and Le Roux (Charles). [New York, 1733?] Eleven satirical lines on Clarke and L'Irois; beginning Puisque nous n'avons plus Des Loix. In French. 1⁄2 page. F°. COSBY 4 Damon and Alexis. A Pastoral. [New York: Printed by John Peter Zenger, 1734?] 4 PP. 4°.

MS.

COSBY 64 Probably a satire in the form of a dialogue upon the marriage of Lord Augustus Fitzroy and Elizabeth Cosby.

De Lancey (James). The Charge of The Honourable James De Lancey Esq; Chief Justice of the Province of New-York, to the Gentlemen of the Grand-Jury for the City and County of NewYork, on Tuesday the 15th Day of January, Annoq;

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Bradford's Gazette, no. 431, Jan. 21-28, 1733/4 contains the following advertisement: Just published the Charge of the Hon. James De Lancey, Esq;" etc.

De Lancey (James). The Charge of The Honourable James De Lancey, Esqr. Chief Justice of the Province of New-York, To The Gentlemen of the Grand-Jury for the City and County of NewYork, on Tuesday the 15th of October, 1734. [Colophon:] Printed and Sold by William Bradford in New-York, 1734. 8 pp. F. COSBY 16

Bradford's Gazette, no. 471, Oct. 28-Nov. 4, 1734 contains the following advertisement: "This Day is Published The Charge of The Honourable James De Lancey Esqr." etc.

Dissolution (Robt.) pseud. A Letter From a Gentleman in in [sic] the Country to his Friend in Town [protesting against the long session of the assembly without a dissolution]. [New York: Printed by John Peter Zenger, 1732.] 1 page. F. COSBY 65

Document: Fitzroy (Lord Augustus). [New York, 1734?] Eleven satirical stanzas, beginning When night has Spread her Sable wings, and referring to the marriage of Lord Augustus Fitzroy and Elizabeth Cosby, daughter of Governor William Cosby. 11⁄2 pp. Fo. MS. COSBY 5

Top margin cropped, mutilating title.

Fletcher (Andrew) pseud. Vincit amor patriæ. Virg. Some Gentlemen, who are otherwise Men of Sense... [Letter urging the necessity of the dissolution of the present assembly, and the advantages of annual elections to the assembly.] [New York: Printed by John Peter Zenger. 1732.] (2) pp. Fo. COSBY 67

Great Britain.-King. His Majesty's Royal Commission to William Cosby, Esq; For the Government of the Province of New-York. [Colophon:] Printed by John Peter Zenger, Printer to the King's Most Excellent Majesty, for the Province of New-York. M,DCC, XXXVI.

Pp. Fo.

COSBY 51

Harrison (Francis). See To Mr. A[lexander]. C[ampbell].

The New York State Library has the Report of the Committee of H. M's Council... touching a letter found in W. the house of Mr. Alexander in New-York, 1733, 4. Bradford, 11 pp. fol. Francis Harrison was charged with having written the letter; and this charge elicited from him an answering Letter from F. Harrison, to the Mayor, Aldermen and Commonalty of New-York, W Bradford, 1734, 7 pp. fol., which is also in the New York State Library.

Letter (A) To one of the Members of the late General Assembly [in opposition to the views of The Sentiments of a Principal Freeholder, and antagonistic to George Clarke]. [Colophon: New York:] Printed by John Peter Zenger, 1736. 2 pp. COSBY 48

F°.

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7. 1735, when the Lords reported adversely to Cosby; the order in council declaring insufficient Cosby's reasons for removal is dated Nov. 26.-N. Y. Col. Docs., vol. 6, p. 36. See Zenger's Journal, nos. 117, Feb. 2, 1735/6; and no. 122, May 17, 1736, where the statement is made that there were two hearings, on Nov. 5 and 7; and Bradford's Gazette, nos. 549, May 3 to May 10, 1736, and 552, May 24 to May 31, 1736. The Library has also another copy, complete, 8 pp. Fo.

Murray (Joseph). Mr. Murray's Opinion Relating to the Courts of Justice In the Colony of New-York: Delivered to the General Assembly of the said Colony, at their Request, the 12th of June, 1734. [New York: Printed by William Bradford. 1734.] 44 PP. (37-44 misnumbered 34-41). Fo.

COSBY 15 Appended is a manuscript list, of a page and a half, apparently in the handwriting of James Alexander, of "Erratas in Representation as printed in appendix to Mr. Murray's argument from page 35 to the End 41".

New York, Province.-Chief Justice. The Opinion and Argument of the Chief Justice of the Province of New-York, concerning the Jurisdiction of the supream Court of the said Province, to determine Causes in a Course of Equity. The Second Edition Corrected and Amended. [Colophon:] New-York, Printed and sold by John Peter Zenger, in South Street, 1733. 15 pp. F°.

COSBY I

New York, Province.-Chief Justice. The Opinion and Argument of the Chief Justice of the Province of New-York, concerning the Jurisdiction of the supream Court of the said Province, to determine Causes in a Course of Equity. The Second [i. e. Third] Edition Corrected. [Colophon:] New York, Printed and Sold by J. Peter Zenger.. 1733. 15 pp. F°.

Page 1 is misnumbered 2, and at the end are added 6 lines of errata, the first of which corrects the number of the edition. Document: New York, Province.-Council. [New York,] Aug. 23, 1733. Report of a meeting of Council; present, the Governor, Mr. Clarke, Mr. Harrison, Dr. Colden, Mr. Kennedy, Mr. De Lancey; the Governor delivered to Mr. De Lancey his commission appointing him Chief Justice of the province in place of Lewis Morris; and also gave Frederick Phillipse a commission appointing him second justice; both were then sworn in. Attested: "the above is the rough minute I took in Council ffredk Morris [Secretary]." Endorsed: "Copy etc.' 1⁄2 page. F. MS.

COSBY 3

Document: New York, Province.-Council. [New York,] Nov. 24, 1735. Minutes of a council meeting; present, Mr. Kennedy, Chief Justice De Lancey, Mr. Courtland, Mr. Lane, Mr. Horsmanden; the Governor informed them that he had suspended Rip Van Dam from the place and office of councillor. A. D. S., ffred Morris D Cl Co. page. F. MS.

I COSBY 34 Document: New York, Province.-Council. New York, Mar. 10, 1735-6. Minutes of council; present, Secretary Clarke, Messrs. Alexander, Van Horne, Kennedy, Chief Justice Delancey, Courtlandt, Lane, Horsmanden; at the news of the death of the Governor the Council met; Secretary Clarke read the order suspending Rip Van Dam and as next eldest councillor offered to take the usual oaths to qualify himself for the administration of the government; to which all agreed except Mr. Alexander who declared he was not ready to give his opinion; Secretary Clarke took the oaths and was sworn in. A. D. S., ffred Morris, D Cl Counc; and attested by him. I page. F. MS.

COSBY 35

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New York, Province.-Governor. By his Excellency William Cosby, Captain General and Governour in Chief of the Provinces of New-York, New-Jersey, and Territories thereon depending, in America, Vice-Admiral of the same, and Colonel in His Majesty's Army. A Proclamation [offering £50 reward for the discovery of the authors of the scandalous, virulent, and seditious reflections contained in nos. 7, 47, 48, 49, of Zenger's New-York Weekly Journal] . . . Given ... this Sixth Day of November... 1734. [New York: Printed by William Bradford, 1734.] 1 page. Fo. COSBY 25

New York, Province.-Governor. By his Excellency William Cosby, Captain General and Governour in Chief of the Provinces of New-York, NewJersey, and Territories thereon depending in America, Vice-Admiral of the same, and Colonel in His Majesty's Army. A Proclamation [offering £20 reward for the discovery of the authors of two scandalous songs or ballads lately dispersed in the city of New-York]. . . Given ... this Sixth Day of November... 1734... [New York: Printed by William Bradford, 1734.] 1 page. Fo. COSBY 26

New York, Province.-Governor. By the Honourable George Clarke, Esq; President of his Majesty's Council and Commander in Chief of the Province of New-York, &c. A Proclamation in Council [announcing the death of Governor Cosby; and charging all officers to continue to exercise their offices until His Majesty's pleasure shall be known]... Given ... this Tenth Day of March... 1735... Printed by William Bradford in NewYork, 1735. COSBY 36

1735.

I page. Fo.

New York, Province.-Governor. By the Honourable George Clarke, Esq; President of his Majesty's Council and Commander in Chief of the Province of New-York, &c. A Proclamation in Council [continuing the adjournment of the general assembly until the last Tuesday in April next]... Given... this Eighteenth Day of March... 1735, 6 Printed by William Bradford in New-York, I page. F°. COSBY 38 New York, Province.-Governor. By the Honourable George Clarke, Esq; President of his Majesty's Council for the Province of New-York, and Commander in Chief of the said Province. Proclamation [further adjourning the general assembly from Sept. 15 until the second Tuesday in October, 1736.1...Given this Fifteenth Day of September... 1736... Printed by William Bradford in New-York, 1736. 1 page. F°. COSBY 50

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