the expedition. The zealous efforts of the last season were again renewed, and the whole colony was again alive to the enterprise; but the destruction of the fleet in the Gulf of St. Lawrence, again defeated the enterprise, the remainder of the fleet returned to England; the troops were disbanded, and Canada was once more relieved from an invasion.

The failure of the expedition involved this colony, as well as the colonies of New-England, in new sceues of distress. The heavy debts they had incurred to support the expences of preparation, and the ravages of the Indians throughout the whole northern frontier, opened a scene of general distress.

In autumn of 1711, Governor Hunter again met the assembly at Albany, and pressed them to continue a small force in pay through the winter, to guard the frontier from the incursions of small parties of Indians, and French, who might be expected to revenge on the settlements, the late premeditated attack upon Canada. The house complied with the wishes of the governor; but the depredations, as had been expected, commenced, and were carried on, notwithstanding.

The house took up the subject of the expences of the late preparations, and instituted sundry bills to provide for the same, which were sent up to the council, for their concurrence; but the council returned several bills to the house with their amendments. This gave umbrage to the house, as an infringement upon their prerogative, and they complained; the council urged their right by precedent, as well as their being a part of the legislative body, constituted by the mere grace of the crown,' as well as the house. The house resentd this claim of the council, as well as the assertion, that their powers depended upon "the mere grace of the crown," and returned to the couneil the following reply.

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"Tis true the share the council have, (if any,) in the legislation, does not flow from any title they have from the nature of that board, which is only to advise; or from their being another distinct state, or rank of people in the constitution, which they are not, being all commons, but only from the mere pleasure of the prince, signified in the commission. On the contrary, the inherent right the assembly have to dispose of the money of the freemen of this colony, does not proceed from any commission, letters patent, or other grants from the crown; but from the free choice, and election of the people, who ought not to be divested of their property, (nor justly can,) without their consent. Any former condescensions, of other assemblies, will not prescribe to the council the right to make any of those amendments, and therefore they have it not. If the lords commissioners for trade and plantations, did conceive no reason why the council should not have a right to amend money bills, this is far from concluding there are none. The assembly understand them very well, and are sufficiently convinced of the necessity they are under, not to admit of any encroachment, so much to their prejudice."

The money transactions of the session were suspended upon this controversy; both parties were obstinate, and the debts of the colony remained unprovided for, except 3750 ounces of plate, granted to his excellency.

At this time the governor constitued a Court of Chancery, and opened the same on Thursday of each week successively, by proclamation. This act of the governor the house considered as an innovation, and infringement upon their rights; and they accordingly passed the following resolution.

Resolved, "That the erecting a Court of Chancery, without the consent of the General Assembly, is contrary to law, without precedent, and of dangerous consequence, to the liberty, and property of the subject." "That the

establishing fees, without consent in General Assembly, is contrary to law." This controversy became sharp between the parties, and occasioned an appeal of the council to the lords of trade, who returned to them the following reply. "That her majesty has an undoubted right to appoint such, and as many courts of judicature in the plantations, as she may think proper, and necessary for the distribution of justice."

The house continued in this same temper until the session closed, without regarding the opinion of the lords of trade, and the public debts were left unprovided for.

In May 1712, the assembly were again convened, when his excellency very urgently recommended the public debts to the consideration of the house; but the house were again deaf to his recommendations, and his excellency prorogued the assembly for three days. Upon their reassembling, the house voted to his excellency 8025 ounces of plate. Great was the public distress at this time, for the contentions in the assembly had prevented the house from making provisions for the public demands, of every description, and the whole mass of public expence incurred in the great preparations for the Canada. expedition, together with the services of the public officers, were all equally neglected, and the public credit was low.

In the midst of these public evils, the Five Nations became corrupted, by the influence and intrigues of French agents, and were about to abandon the English interest, and the small tribes, scattered along the Hudson, became disaffected, and threatened them with hostilities. About the same time, a negro insurrection had burnt one house in the city of New-York, and threatened the de-. struction of the city, and murdered many of those who were employed in extinguishing the fire. This mob was promptly suppressed, by arresting and executing nineteen

of the insurgent negroes. To finish this dark scene, the the citizens of New-York were alarmed with a report, that the French were about to invade the city with a fleet. These impressions were serious in their effects and consequences, and the public languished under the pressure of these calamities until autumn, when the assembly were again convened. The governor met this assembly with sundry propositions, calculated in his opinion, as fully to guard the treasury against all corruption, through a misapplication of the revenue, as language could well express: but all without effect; the dispute with the council, the former. embezzlement of the revenue, together with the opinion of the lords of trade, in support of the claims of the council, and the Court of Chancery, had made such deep, and lasting impressions upon the house, that they again waved the subject of the revenue, and agreed in a resolution to explain the whole affair to her majesty, by the way of an address, and to assure her majesty of their readiness to provide for the support of government, provided the treasury could be fully guarded against all future misapplication of the public monies; praying her majesty also to instruct the governor to assent to a law, which might provide support for an agent in London, to guard the house against all future misrepresentations.

Stung with resentment at this outrage, the governor dissolved the assembly; and the public pressure continued, with all that accumulated weight, which such evils necessarily acquire, from long and repeated neglect.

During this intermission, the peace of Utrecht, bearing date March 13th, 1713, was announced. This treaty, (unfavourable as it might have been to Great-Britain,) was the first public document, that acknowledged the Five Nations to be subjects of the British crown, as was therein expressed in the fifteenth article, as follows, viz.

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"The subjects of France, inhabiting Canada, and others, shall hereafter give no hindrance or molestation to the Five Nations, or cantons of Indians, subject to the crown of Great-Britain, nor to the other nations of America, who are friends to the same. In like manner the subjects of Great-Britain shall behave themselves peaceably towards the Americans, who are the subjects or friends of France; and on both sides, they shall enjoy full liberty, of going and coming, on account of trade, &c."

As the limits of these claims were never settled by commissioners, agreeable to this article of the treaty, each party made their own claims, and strengthened them by their intrigues, or defended them by the sword, as may be seen in the wars of New-England, volume 1st of this work.

In May, 1713, the governor again met the assembly, who were returned, through a sharply contested election, and William Nicoll was again chosen speaker. Such was the amount of the public debt; such the number of the public creditors, and such the public clamour for old arrearages, that the governor was constrained to address the house, with unusual firmness, and plainness, to do justice to the public, as well as himself; in which he observed that he was resolved to pass no law, until provision was made for the government. This reduced the house to this single alternative, either to meet the public mind by providing a revenue, or close the session; they chose the first, and in addition to the usual revenue, they passed an excise law, which became very productive, as well as permanent, and the house then adjourned until autumn.

It had now become necessary to emit bills of credit to the amount of twenty-eight thousand pound, to cover the vast sums of public debt which had been accumulating under such continued neglect. These bills were to be issued by the treasurer upon landed security, upon such terms and