Since that the affair has been laid before the Lieut. Governor, who forced from the attorney general an opinion against granting the appeal and then called the Council. The Board as I am informed observed that it was not ripe for their cognizance, upon which he sealed a writ in the nature of a civil law inhibition, which has been served upon the Judges and parties. M: Horsmanden ventured notwithstanding to tax the costs and sign the judgment. The Clerk of the Supreme Court has been since formally required to seal the Execution. But at the request both of the Clerk and Chief Justice, it is not to be issued till the return of the inhibition, 14 days hence, it being given to the Plaintiff to understand that the Lieutenant Governor and Council will then reject the appeal, and so all impediments will be removed. If I was to advise in this business, as I shall not, having absolutely refused to be concerned, it would be to recommend a suspension of all proceedings till the case was laid before his Majesty and an explanation solicited for, consistent with the safety of the people and the old course of the law.

Be the issue as it will here, the matter will be immediately transmitted for the ministerial comment, and at such a juncture I could not avoid writing to your Excellency, lest the people submitted to your government, might lose your assistance, so necessary for their security and interest.

They are the more anxious to maintain their privileges now, as they have fearful apprehensions of being soon burdened by internal taxes. On this subject they have prepared petitions to the King and both Houses of Parliament. The Agent is directed to prefer them immediately after they come to his hand. They are nearly alike. A copy of that to the Commons, I take the freedom to enclose, because it may be in your Excellency's power on that occasion also to be of service to a province, already

sensible of your favor and confident of your aid and protection.

By Jacobson 6th past I wrote you in great wrath till I was out of breath.

On Wednesday next the old gentleman is dragging us into this same unconstitutional ill understood appeal, I hope they may bring Knapp the convict to support it, no body else will, M: Nicholls I am told declines — This instruction I find is not the same as former Governors had, as far down its thought as M: Clinton. M: Crosby's we are sure was not. M: Clinton's are not to be found. It is suppos'd to take its rise with Sir. Danvers Osborn, with the 39th which they immediately took back when they came to cool. Mr Clinton's representations fomented & drawn by this very old mischief maker, had suggested the Colony in a state of Rebellion, because it would not be govern'd by his mere will & pleasure, so that this evil genius is now only supporting a brat engender'd by his own brain. When S Charles Hardy came over the 39th inst was quite alter'd & so would this 32 have probably been, had it struck the eye, but as it was

only an alteration in part, the same sense was thought to remain & could fairly be inferr'd from it, which made the appeals, appeals of error, not a trial de novo, by which three or four councillors could overset, the solemn determinations of the Supreme Court in point of fact, tried by a Jury, which the law calls the subject's peers, & in truth entirely destroy the use of juries & Court too. But as a nose of wax, people are extremely incens'd & alarm'd at it. The old body was always dislik'd enough, but now they would prefer Belzebub himself, to him.

The Colony is so chagrin'd at the treatment of their paper money, considering how dutifully they have obey'd the requisitions of the Crown, that brought it all upon them, that they would not hear of so much as offering the forty thousand pounds Act to the Lieut Gov., of course it goes on sinking & the Government loses the fund. You mention M: Penn's being an advocate for this doctrine, the reason is plain, he is an enormous land holder, too much for any one subject, and if his tenants have nothing to tender, silver & gold they cannot have, they become in a measure his slaves instead of tenants, because they lay at mercy.

I saw my friend Allen with pleasure & us'd all my might to keep him cool, he promis'd it but I am afraid the frenzy has seiz'd him, by the lengths they are running - Franklin will be with you probably ere this & Hamilton is at his heels.

I got our house to order, a hundred dollars to be paid for your ginger bread thing in the Fort & to let it remain as an ornamental fixture there. What shall I do with the fine silver vessel, 'tis nobodys pin'north here, I whisper'd to Gen. G. but he did not hear. Wont Drury Lane want it, I believe I must try, or suppose the old F-x was to make Madam a present of it towards house keeping among the Mohawks I wish to hear from you about the Clothing, but your bargain must be conditional we will try a sale

To comfort you for this heap of rubbish, I enclose the second of Gov. Fitche's Bills on M: Jackson for £255. 10. 5 st & De Lancey & Watts on the Contractors. S: Sam Fludyer & Partners of this date for £150 st both at 85 p ct. charged to your acct.

I don't know how to deal with Leary, I believe he is as poor as a sinner need be.

My respects to all friends, I don't remember that I am indebted any letters or commands except Coll: Amhersts birds which are not yet ready.

The Surveyor General has appointed poor Blundell Land Waiter instead of old M: Nicolls who has resign'd in his favor. I don't suppose such a trifling appointment will reach you but if it should you know Kitt to be an orderly sober fellow & he makes a fine reverend bow in Council.

I always am
My Dr S

y aff Humb' Serv

I wrote Napier 28th ult via Bristoll

JN WATTS.

Cap: Legg of 46th has your papers & knows more than I do, tho' he may'nt say half so much.

SAME TO SAME.

DEAR SIR,

NEW YORK, 10th Dec 1764.

As you had receiv'd my Letters no farther down than to 11th Aug by the Hyde packet, acknowledg'd by your favor of 13th Oct! I will recapitulate the Catalogue wrote since, not for the importance of them, but to know what becomes of ones paper & wax, & if any should go astray to supply

the defect, if they chance to contain some anecdote of your affairs, it may be necessary to repeat- My next in order then was 22 Sept. by the Harriot packet, follow'd by the 11th Oct: p Davis, the 6th Nov! by Jacobson, the 9th Do. via Liverpool & 10th Do. by the Cumberland packet

The Packet sails the day after to morrow, and tomorrow is our final hearing about the interpretation of this same 32 instruction. You'l remember another instruction, the 40th if I recollect right, absolutely forbids the Gov! constituting any New Courts this is constituting a New one with a witness, or at least giving an old carcass of a Court such a power as no Court ought to be possess'd of where the Liberties of Englishmen take place. I told the old gentleman a Jury was the bulwark of English Freedom, he coldly answer'd & with seeming indifference" that there were no Juries in Scotland & he did not see but Justice was as well administer'd as in England." This was a doctrine tho' that we did not relish or admit at all "Tis strange how few of these people have a true sense of Liberty, tho' they generally take enough in conscience when they have power, and upon the same principle too; give & take

I shall deliver to [? Major Small] who commands a party of the 55th going home in this ship a large packet of the printer's stuff & I shall inclose three or four of Judge Horsmanden's printed case in a separate printed cover, which may be made any use of that is proper, pray let Coll Barre have one It is to be hop'd if they do really mean to cram the old man Scots unconstitutional doctrine upon the Colony, the Parliament may interfere & preserve to it those liberties they themselves so much revere & for which their fore fathers have sacrificed so much generous blood

I can't see that our situation will be one jot better than the most despotic states in Christendom, if two or three Councillors holding their seats at pleasure here, can reverse