be soothed into it; for asserting the power of the Commission will make them all run the Province. I am really ashamed grieved they are so awkward:' they still object the exemption or noncomplyance of the neighboring Colonies, nor will this ever be remedyed unlesse the support of the frontiers reaches all North America; as it is the remoter Colonies are soe many asylums. I am with true regard: may it please yo Excell. Yo' Excell most faithfull & most Burlington 26th June (96) Copia vera obedient servant AND: HAMILTON (Signed) DAVID JAMISON' Cl. Concilij. 1 Qu: backward.-ED. 2 DAVID JAMISON was a Scotchman by birth and is first named as Clerk of the Council of New York in 1693, having a salary of £50 per annum. This was during the administration of Covernor Fletcher, who is said to have entertained a high opinion of him. His successor, Lord Bellamont, however, displaced Mr. Jamison Davor Jamipar on September 28th, 1698, and in a letter to the Lords of Trade announces as a fact that he at one time was condemned to be hung in Scotland, for blasphemy and burning the Bible, his sentence having been commuted into transportation to New York, and to being sold as a servant. The Governor also accused him of being an Atheist and of having two wives. Several years thereafter, however, in 1716, in a charge to the Grand Jury of Burlington County, Jamison introduced so many pertinent extracts from the Old and New Testaments that he was thought to be as much of a theologian as a lawyer. Notwithstanding Lord Bellamont's dislike to him, he found it a difficult matter to supply Mr. Jamison's place, and he was restored to his office for a while. In 1699 he was one of the Vestry of Trinity Church, and ir. 1704 was appointed by Cornbury one of a Commission to examine Lord Bellamont's accounts. He appears to have been recognized as an able lawyer, and in 1711 was appointed by Governor Hunter Chief Justice of New Jersey, although he continued a resident of New York, and held the office during the whole of Hunter's administration, being considered by him "a man of knowledge and integrity." Iu 1715 he was recommended by the Governor for the Council of New York, which led the Lords of Trade to communicate to the Governor the "considerable complaints" that had been made against him by Bellamont. Although he did not receive the appointment, he held the office of Attorney General of New York for some years and gave place in 1721 to James Alexander.-N. Y. Colonial Documents. Field's Provincial Courts.-ED. Governor Hamilton of East Jersey, to Governor Fletcher of New York. [From New York Coll. Docts., Vol. IV., p. 200.] May it please yo! Excell: Could I make our people as sensible of the hazard Albany lyes under, as I am, and that the weaknesse of that garrison, which they cannot be ignorant [of] may in great probability tempt the enemy to attack the place, as they have Pemaquid, upon the same grounds, I am sure they would find it their interest to run to its defence: but whom have I to work upon but a stiff and an obstinate people who shutt their ears to all reason and become debauched by the ill example of the neighbouring Colonies which they still obtrude to me Yo' Excell may believe 'twas with great difficulty I obtained what I did, that in case of an invasion they should march to the fronteers and be at liberty to return when the acc'on was over or the enemy retreated; and even to obtain this I was forced to promise them 12 a day from Yo' Excell. and pledged my own creditt to procure them 12a more at the first sitting of an Assembly, they live so plentifully at home and have so great wages besides severall of our youth gone to the Southern Colonies to be free from detachments, and several as I am told gone aboard Captain Kidd. that there is not a possibility to prevail with them to continue in garrison, and indeed very difficult to effect any thing I am truly melancholly to see ourselves thus baffled by a handfull of French nor will it ever be otherwise untill the Crowne send a force to root them out of America or put an indisputable command upon every Colony to furnish a Quota and pay them; for while it rests in the brests of our Assemblyes to raise a fund for the support of the fronteers or neglect it, and in the choice of the people to march or stay at home, Yo' Excell. is not to be told at this time of day what part they'le choose. I will notwithstanding call an Assembly in Octob next and will inforce the necessity of the fronteers with all the zeal I am sensible they require. I am May it pleas Yo' Excell. Yo' Excies most faithful and most Burlington 28 Aug. 96 obedient servant AND: HAMILTON To his Excell. Col. Benjamin Fletcher, Cap' Gen" & Govern of New Yorke, these. Copia vera (signed) DAVID JAMISON Cl. Concilij. Memorial of Edward Randolph, Secretary, &c., to the Commissioners of His Majesty's Customs, on Illegal Trade in the Proprieties. [From P. R. O., B. T.; Proprieties, Vol 3, A 6.] TO THE HONBLE THE COMES OF HIS MAJESTY'S CUSTOMS. May it please Your Hon ble Your Hons were pleas'd in your presentment of the 17th of July past, to the Right Hon the Lords Com of his Mates Treasury to represent, That it hath bin found by Experience, either thro' Remissness or Connivance of the Gov's of the Severall Colonies & plantac'ons, which are under distinct proprietys, The Acts of Trade & Navigac'on, & Your Hon Orders & Instrucc'ons in pursuance thereof, have not bin Observd, as in other Colonies and plantac'ons, which are under Gov's Nominated & Appointed by his Ma'tys immediate Commission, & did therefore humbly Move their Lordships, That the respective Gov's of the S Proprieties, may be persons of good Estate & Reputac'on, & otherwise duly qualifyd for the discharge of their Trusts, being by a Claus in the afores'd Act for preventing ffrauds & regulating Abuses in the Plantac'on Trade to be Allowd & Approvd by his Ma'ty, his Heirs & Success's & Obliged to take the Oaths Enjoynd by That, or by any Other Act, to be taken by the Gov's or Command's in Chiefe, in Other his Ma'tys Colonies & plantac'ons, before their Entrance into their respective Governments under the like penalties, which his Ma'tys Gov's & Command's in Chief, are by the S Acts lyable too. Notwithstanding the Owners of the proprieties upon the Continent of America & Islands Adjacent, take no Notice thereof, but Omit to Nominate fitt persons, to be Allowd & Approvd by his Mat'y in Councill before their Entrance on their respective Governm's from whence it follows, That, whilst the principles Omit their Obligac'ons at home, it cannot be expected, Their Deputies will doe their Duties in the plant ac'ons, So that allth❜o pursuant to the S Act, The Officers of the Customs, The Judges & other Officers in the Courts of Admiralty, The Attorneys Gen!! & the Comissions under the Great Seale, for Administring the Oaths to the respective Gov's in the S Colonies & Plantac'ons, are Appointed and prepard ready for dispatch, nevertheless, the Gov's & other publick Ministers in the proprieties, are continued in their Offices & places & no care taken, to Appoint others in their Stead, tho they Maintain & Support the illegall Traders as much as ever: It cannot therefore be expected, that the frauds & Abuses in the plantac'on Trade, So long practis'd & So often Complaind of, can be prevented until persons of Good Estates & Reputac'on, & Other wise duly qualified for the discharge of their Trusts, be first Allowd & Approvd by his Ma'ty &c: to be the Govs of those proprieties, according to the Sa Act, otherwise it is to no purpose, nor will it countervaile the Charge, to send over officers & Maintain them, to put the Acts of Trade in Execuc'on, in Virginia & other places, under his Ma'tys immediate Authority, So long as the Governours, for the Proprietors, take upon them, a power to dispence with the open Breach of the Acts of Trade, & thereby keep their ports open to illegall Traders, whilst others are barrd up by oaths & Strict penalties, which must needs Occasion the dreining & Soon depopulating his Ma'tys Own plantac'ons, by the peoples Enjoying an Extraordinary liberty, in a Gen! Trade & Constant benefit, by Pyrates & the Scotch Trade in the proprieties and private Charters. The Cheife end of Granting those Vast Tracts of Land (now called proprietys) to Noble Men & Others, was doubtless to Encourage the first Undertakers, to plant and Improve them, for the Benefit of the Crown, & to be always Subject & depending on England, & Conformable to the Laws thereof. Great Numbers of people, are now Seated in Some of these proprieties, but have bin long Endeavoring to breake loos & set up for themselves, having no Sort of Regard to the Acts of Trade & discountenancing Appeales from their Courts, to his Ma'ty in Councill. The persons Appointed by the proprietors, to be their Gov's are generally Men, of very indifferent qualificac'ons for parts & Estates: Their Maintainance, is Inconsiderable, which renders their Govern's Precarious also. They have power only (like Civill Magistrates, in petty Corporacions ir England) to Make, Municipall Laws, with consent of the people, for their quiet & peaceable Government, But are indeed Stewards only & overseers, accountable & allways lyable, to be turned out |