Colonists Assert Their Rights

LORD CORNBURY, Letter to the Lords of Trade (1704)

One measure of the colonists’ growing independence can be seen in the letter Lord Cornbury sent to the Lords of Trade. Cornbury was Edward Hyde, the 3rd Earl of Clarendon (1661–1723), who served as the colonial governor of New York and New Jersey from 1701 to 1708. Queen Anne removed him from office after complaints of misconduct mounted against him. (His political opponents also spread scurrilous rumors that he dressed in women’s clothing.) In this letter, Cornbury discusses relations with Native Americans and exposes what he described as the colonial assembly’s “sawcy” behavior. New Yorkers were acting in ways that he believed challenged the royal prerogative.

My Lords.

In my letter of the 30th of June last I gave Your Lord[ships] an account of the reasons why no more of my letters came safe to Your hands, occasioned by the taking of our homeward bound ships and the want of intelligence here from other parts of the Continent. I did acquaint Your Lord[ships] that I hoped to propose a remedy for the latter, at my meeting with Coll. Nicholson and Coll Seymour at which time I likewise hoped we should have seen Coll. Dudley, he having writ me word, that he would meet them here; I did intend to have proposed to them, the laying a Tax in each province by Act of Assembly, for the settling and defraying the charges of the post, which then might have gone from Boston to North Carolina; but this meeting was hindered by several accidents; first, Coll. Dudley was busy about his expedition to the Eastward, Coll. Nicholson was hindered by the sitting of the Assembly of Virginia, and as soon as the Assembly of New Yorke was over, and I thought to go into New Jersey, to the Assembly which was to sit at Burlington, I was forced to adjourn them, in order to go up to Albany where there was an alarum that the French were marching towards that place with a thousand French and Indians. I went, and when I arrived there I found the people in a very great consternation, but that was over in a few days, by the arrival of some Indians, I had sent out, to see if they could discover any number of men marching our way; at their return, they informed me they had been as far as the Lake without seeing any body, but that upon the Lake they had met some Ottawawa Indians who had informed them that three hundred French and Indians were marched with a design to attempt Northampton in New England, but that they could not find, there were any marching our way. However, by this accident, I had an opportunity to see how far we may depend upon our own people, and the Indians too in case of need, and I must say the Militia of the County of Albany were very ready if the Ennemy had been coming; I could in eight and forty hours time have drawn together upwards of seven hundred men, reckoning the Garrison, the Militia of Albany, and that of Ulster Counties; and the Indians of the Five Nations were so ready that they all left their Castles and were coming towards Albany before I could send them any orders; at the same time that I was at Albany where I stayed but ten days, there was an Alarum at New Yorke occasioned by a Gentleman who coming from Long Island informed the Council, that ten French Men-of-war were come within Sandy hook, upon this the Gentlemen of the Council sent an express to me to desire me to make what haste I could down to New Yorke, and at the same time sent to the Collonels of the Militia in the several Counties about New Yorke to get their men ready to oppose the Ennemy. I did make all the haste I could, but before I could get to York, their fears were over, for the ten Men of Warr were dwindled away to one French privateer of fourteen Gunns who took just without Sandy hook a ship commanded by one Sinclair who was bound to this Port from England, on board of whom were all the packetts your Lord[ships] were pleased to send me, they were given into the charge of one Glenerosse a Merchant of this place who left them on Board by which means, they are fallen into the hands of the Ennemy. I can not say that the Militia of this City did their duty, for very many of the Dutchmen run away into the woods, but the Militia of Long Island deserve to be commended; Coll. Willet who commands the Militia of Queen’s County, in ten hours time brought a thousand men within an hour’s march of New York, the Militia of King’s County was likewise in good readiness, but their being no occasion for them they were sent home. By this account Your Lord[ships] will perceive, how necessary it is to have a standing Force in this Province, where we are exposed to the invasions of the Enemy by sea in the Southern parts of it, and to the attacks of the French and Indians by land in the Northern parts of it. If the proposal I made to your Lord[ships] formerly had been approved of, I make no doubt but it might have been effected with much less charge than the business of Guardaloupe has cost, and I conceive would have been a much greater advantage to the Crown of England, than the taking of that Island could have been. The more I inquire into that matter the more feasible I find it, but not with a less force than I proposed to your Lord[ships]. I have seen a copy of a memorial Mr Livingston laid before Your Board, in which he seems to be of opinion that a Regiment of well disciplined men with some Officers to head the men that might be raised here would be sufficient, and perhaps it might have been so when Sir William Phipps attempted the taking of it, but the case is much altered since that time, for that attempt though very ill contrived and worse executed, did so fully convince them, how easy it was to take Quebeck, that they have made it much stronger than it ever was, and have erected very good Batteries along the Water-side which will make that undertaking more difficult than it was then, and the reason, that made me propose so much a greater force than Mr Livingston has mentioned, is because I should be very sorry to propose any thing less than will effect the thing proposed, and if I have proposed a greater Force than is of absolute necessity, I hope I shall not be blamed for that; I did it because I was not willing so good a thing should miscarry for want of sufficient Force, and the same reason still remaining I can not help being of the same mind still. — When the Eagle Galley sailed it was so soon after the Assembly was adjourned, that the Clerk could not get a copy of their proceedings ready to send by that ship, therefore I now send it to your Lord[ships] by which you will perceive that the Assembly here is going into the same methods, that the Assembly’s of some other Provinces upon this Continent have fallen into, who think themselves equal to the House of Commons of England, and that they are intituled to all the same powers and priviledges, that a House of Commons in England enjoys; how dangerous it may be to suffer them to enjoy and exercise such powers, I need not tell your Lord[ships], only I shall observe that the holding of General Assembly in these parts of the world, has been settled neither by Act of Parliament in England, nor by Act of Assembly here, so that the holding General Assemblies here is purely by the grace and favour of the Crown. This I have told them often, but notwithstanding that, they will pass no Bill for the service of the Queen, nor even for their own defence, unless they can have such Clauses in, as manifestly incroach upon the prerogative of the Crown or in some measure destroy the power of the Governour (which will pretty well appear by a Bill prepared by them this Sessions, a copy of which I herewith send to Your Lord[ships]). I did not think proper to suffer either, so I adjourned the Assembly to the 2nd day of October. I did once intend to have dissolved them, but upon the account I had, that some persons here, had put them upon those methods, in hopes to provoke me to dissolve them, and the assurances I had from several of the members, that they would take better measures if they might have another sessions, I adjourned them to the second day of October, at which time they met, but instead of taking better measures, they have gone on in the same, where they dont only incroach upon my right (for that I should not have minded) but they take it upon them to appoint at what rates the money shall pass here, which I take to be the undoubted right of the Queen — Your Lord[ships] will perceive by the copy’s I send herewith that the Gentlemen of the Council made proper Amendments to the Bill, but these Gentlemen have thought fit to declare, in their messague to the Council on the 4th of this month (that it is inconvenient for that house to admit of any amendment made by the Council to a Mony Bill) by which Your Lord[ships] will easily see, that they intend to make the Council as inconsiderable as they can, it is a thing was never attempted by any of their predecessors, but as the Country increases, they grow sawcy, and no doubt but if they are allowed to go on, they will improve upon it, how far that may be of service to the Queen I leave Your Lord[ships] to Judge. I have lately perused the grant made by King Charles the 2nd to His Royal Highness the Duke of York of all the lands from a place called St Croix to the Eastward of New England to the Eastern shore of Delawarre River, by which it appears that, that grant impowered the Duke of York to correct, punish, pardon, Govern and Rule all such the subjects ettc., as shall from time to time adventure themselves into any of the parts or places aforesaid, or that shall or do at any time hereafter inhabit within the same, according to such Laws, Orders, Ordinances, Directions and Instruments, as by the said Duke of York, or his assigns should be established, and in defect thereof in cases of necessity according to the good discretions of his Deputies, Commissioners, Officers or Assigns, respectively, as well in all causes and matters capital and Criminal or Civil, both marine and others ettc. as will more plainly appear to Your Lord[ships] by the Copy I herewith send of the said grant, and it is certain that in the time that Mylord Limerick was Governour of this Province for His Royal Highness the Duke of York, he Governed without Assemblies, and even after King James came to the Throne, the same Lord continued the same method; and certainly if the late King Charles the Second could grant that power to the Duke of York at that time Her Majesty may exert the same power if she pleases. I intreat Your Lord[ships] to believe that I am not pleading for the laying aside of Assembly’s, it is far from my thoughts, but I think it my duty to acquaint you with what I take to be the Queen’s right, especially when Assembly’s begin to be refractory; when I have done that, I have done my duty, and shall wait Your Lord[ships’] declarations, which I shall always punctually observe — In the mean time, I have this day dissolved the Assembly and intend to issue writts for the calling of another in March next, which I hope will behave themselves better than the last, however I am sure they can’t be worse; — I am going to morrow to New Jersey to the Assembly there. I take the liberty to beg your Lord[ships] that I may have all manner of stores sent over, I have not a hundred and twenty barrells of powder left, and several of them are spoiled, I have no small arms at all, no Cartouch boxes nor paper, not one bed for the men to lye upon, but what has been peiced over and over again, not a sword in the Garrison, nor a dagger if the Enemy should attempt any thing upon our frontiers this winter, we shall not have powder enough left for salutes. I intreat Your Lord[ships] to intercede with the Queen that some presents may be sent over for the Indians, for if we must buy them here they will cost three times the price they will cost in England and sometimes the goods proper for the Indians, are not to be got here for money, such as light guns, Duffles, Strowds, Kettles, Hatchets, Stockings, Blankets and powder; and till Canada is reduced, we shall never be able to keep the Indians steady without presents. I must further intreat Your Lord[ships] to intercede with Mylord High Admiral, that a Man of War may be appointed for this province, if there is not one appointed — The French privateers will intirely distroy our Trade to the West Indies, which will soon distroy our Trade of this place which consists chiefly in flour and provisions, and if I may propose, a ship of 40 gunns will be the fittest for this place. Thus I have given Your Lord[ships] an account of our present condition. I intreat you to represent our condition to Her Majesty that we may be supplyed early in the spring, else we shall be in a very poor condition even to defend ourselves if we should be attacked; however I intreat Your Lord[ships] to believe that nothing shall be wanting on my part for the Queen’s service, as long as Her Majesty shall please to command me to serve her here — I am — My Lords,

Your Lord[ships’] most faithful humble servant CORNBURY

New Yorke

Nov 6th 1704.

Documents Relative to the Colonial History of the State of New York, ed. E. B. O’Callaghan (Albany, NY: Weed, Parsons and Company, Printers, 1854), 1120–1123.

READING AND DISCUSSION QUESTIONS