}Efqrs; 6s. per Diem. John B. V. Renflaer, Efq; 10 s. per Diem. Johannes Fanfen, Diem. Manor of COURTLANDT. Efqrs; 6 s. per Philip Ver Plank, Esq; 6s. per Diem. Mofes De Pew, jun. J Diem. The Continuance of our Affemblies was unlimited, till the political Struggles, which took Rife in Mr. Coby's Administration, forced Mr. Clarke, who fucceeded him, to pass the Act reftricting them to three Years; but this was repealed by the King, and a feptennial Law enacted foon after the Arrival of Governour Clinton, which is still in full Force. No Colony, upon the Continent, has formerly fuffered more than ours, in the Opinion of the King's Ministers. This has been owing to the ill Impreffions made by our Governours, who are scarce ever difengaged from Difputes with the Lower Houfe. Our Representatives, agreeable to the general Sense of their Constituents, are tenacious in their Opinion, that the Inhabitants of this Colony are entitled to all the Privileges of Englishmen; that they have a Right to participate in the legislative Power, and that the Seffion of Affemblies here, is wifely fubftituted instead of a Representation in Parliament, which, all Things confidered, would, at this remote Distance, be extremely inconvenient and dangerous. The Governours, on the other Hand, in general, entertain political Sentiments of a quite different Nature. All the Immunities we enjoy, according to them, not only flow from, but absolutely depend upon, the mere Grace and Will of the Crown*. It is easy to conceive, that Contentions must naturally attend fuch a Contradiction of Sentiments. Most of our Disputes however relate to the Support of Government. Before Lord Cornbury's Embezzlements, the Revenue was established for a long Period, but afterwards reduced to a few Years. The violent Meafures, in Mr. Coby's Time, led the Affembly to the Scheme of an annual Provision. These are the Words of that much famed Address of the House, to Lieutenant Governour Clarke, on the 8th of September 1737, previous to the Change. "The true Causes of the Deficiency of the Revenue, we believe are too "well known to your Honour, to make it neceffary for us to fay much on * "We are no more than a little Corpora<<tion. I would advise these Gentlemen (Af "femblies) for the future, to drop those Parlia❝mentary Airs and Style about Liberty and "Property, and keep within their Sphere, and "make the best Use they can of his Majefty's "Inftructions and Commiffion; because it "would be high Treafon to fit and act without "it. This is our Charter. If we abuse or "make a wicked Use of his Majesty's Favours, "we are, of them, but Tenants at Will; we 66 only hold them during Pleasure and good Be "that Head. Had the confpicuous Loyalty of the Inhabitants of this Province, met with a fuitable Treatment in Return: it is not unlikely, but we should now be weak enough to act like others before us, in being la"vish beyond our Abilitics, and raising Sums unneceffary to be given; and " continued the Donation, like them, for a longer Time than what was con"venient for the Safety of the Inhabitants: but Experience has fhewn the Imprudence of fuch a Conduct, and the miferable Condition to which the "Province is reduced, renders the raifing of large Sums very difficult if not impracticable. We therefore beg Leave to be plain with your Honour, " and hope you will not take it amifs, when we tell you, that you are not to expect, that we either will raise Sums unfit to be raised; or put what we fhall raife into the Power of a Governour to mifapply, if we can prevent "it: nor shall we make up any other Deficiencies, than what we conceive are fit and just to be paid; or continue what Support or Revenue we shall raife, for any longer Time than one Year. Nor do we think it convenient "to do even that, until fuch Laws are pafled, as we conceive neceflary for "the Safety of the Inhabitants of this Colony, who have reposed a Trust in "us for that only Purpose; and which we are fure you will think it reason"able we should act agreeable to, and by the Grace of God we will endeavour not to deceive them." tr The Sentiments of this Address still prevail among the People, and therefore the Succefs of the prefent Solicitations, for a permanent, indefinite, Support, will probably be in vain. The Matter has been often litigated with great Fervency on both Sides, and the Example of the British Parliament urged as a Precedent for our Imitation. To this it is answered, that the particular State of this Province differs fo widely from that of their Mother Country, that we ought not in this Refpect to follow the Custom of the Commons. Our Conftitution, as fome obferve, is fo imperfect in numberless Instances, that the Rights of the People lie, even now, at the mere Mercy of their Governours; and granting a perpetual Support, it is thought, would be in Reality little lefs, than the Lofs of every Thing dear to them. It must be confefied that many plaufible Arguments may be affigned, in Support of the Jealousy of the House. A Governour has numberlefs Opportunities, not proper to be mentioned, for invading the Rights of the People, and infuperable Difficulties would neceffarily attend all the Means of Redress. By gradual Advances, at seasonable Junctures, we might have introduced fuch Amendments, as would at this Day have established a found and well fortified fortified political Frame; but through our utter Neglect of Education, the ancient Affemblies confifted of plain, illiterate, Hufbandmen, whofe Views feldom extended farther than to the Regulation of Highways, the Destruction of Wolves, wild Cats, and Foxes, and the Advancement of the other little Interests of the particular Counties, which they were chofen to reprefent. CH A P. VỊ. Of our LAWS and COURTS. HE State of our Laws opens a Door to much Controverfy. The Uncertainty with Respect to them renders Property precarious, and greatly expofes us to the arbitrary Decifions of bad Judges. The common Law of England is generally received, together with fuch Statutes, as were enacted before we had a Legislature of our own. But our Courts exercise a sovereign Authority, in determining what Parts of the Common and Statute Law ought to be extended; for it must be admited, that the Difference of Circumstances neceffarily requires us, in fome Cafes, to reject the Determinations of both. In many Instances they have also extended, as I have elsewhere obferved, even Acts of Parliament, paffed fince we have had a distinct Legislation, which is adding greatly to our Confufion. The Practice of our Courts is not lefs uncertain than the Law. Some of the English Rules are adopted and others rejected. Two Things therefore seem to be abfolutely neceffary for the publick Security. First, The paffing an Act for fettling the Extent of the English Laws. And, Secondly, That the Courts ordain a general Set of Rules for the Regulation of the Practice. To give a particular Account of our Laws civil and criminal, cannot be expected in this Work. All Lands are held of the Crown by Socage Tenure, as thofe of Eaft-Greenwich, at Home, in the County of Kent; and the Manner of obtaining a Title to fuch as are vacant, or in the Poffeffion of the Indians, is this: Formerly the Custom was to apply to the Governour in Council, for a License to purchase Lands of the Natives in his Majesty's Name. A Deed was then privately obtained from the Indian Proprietors to the King, and an Ii2 nexed nexed to a fecond Petition to the Governour, for a Warrant to the SurveyorGeneral, to make a Survey of the Quantity purchased. Another Warrant, upon the Return of the Survey, was then iffued to the Attorney-General, to prepare a Draught of the Patent; which being tranfmited to the Secretary's Office, was then engroffed upon Parchment, and the Great Seal affixed to it by the Governour. In these Surveys and Deeds more Lands were often included, than the Indians intended to fell; and thefe Frauds being frequently complained of, an Order was made by the Governour and Council, in 1736, that thenceforth no Indian Deed fhould be taken, until the Land propofed to be granted, was actually furveyed by the Surveyor-General, or one of his Deputies, in the Prefence of the Indian Proprietors: that the Bounds of the Tract should be then entered in the Deed, and a Certificate endorsed, that they are agreeable to the Survey, and that he faw the Confideration Money or Goods, bonâ fide, delivered to the Vendors. The Patenting of Lands, has long been, and still continues to be, very expensive. Our Law Judicatories are numerous; I begin with the lowest. JUS Of the JUSTICES COUR T. USTICES of the Peace are appointed by Commiffion from the Governours, who, to ferve their Purposes in Elections, fometimes grant, as it is called, the Adminiftration to particular Favourites in each County, which is the Nomination of Officers civil and military; and by these Means, the Justices have been astonishingly multiplied. There are Inftances of fome who can neither write nor read *. These Genii, befides their ordinary Powers, are by Acts of Assembly enabled to hold Courts, for the Determination of fmall Caufes of five Pounds and under; but the Parties are privileged, if they choofe it, with a Jury of fix Men. The Proceedings are in a fummary Way, and the Conduct of the Juftices has given juft Cause to innumerable Complaints. The Juftices have also a Jurifdiction, with Re1pect to Crimes under the Degree of grand Larceny. For any three of them (one being of the Quorum) may try the Criminal, without a Jury, and inflict Punishments not extending to Life or Limb. * Lord Bacon's Obfervation, that there are many who count it a Credit to be burdened with the Office of a Juftice of the Peace, is very ap plicable to us. Bacon's Works, Fol. Vol. II. p. 151.-The Statute of 38 Hen. VIII. limited the Number of Juftices to Eight in a County. The |