SIR,

COLDEN TO MONCKTON.

NEW YORK, January 21 1764.

Capt Hawker of the Sardine sloop of War made a seizure of a Ship & Cargo, & came to inform me of what he had don. At the same time he told me, that he intended to claim one half for officers & Crew. I answered him that by the statute by which the ship & Cargo are forfeited, one third is given to the Governor, & that I could not consent to give up the Rights of the Governor, that no part or clause of the statute by which only the ship & cargo is forfeited is repealed by the late statute under which he claims a moyety. However, that without giving myself any trouble, I must leave the matter to the Court in which the vessel shall be condemned.

Not satisfied with this, Capt" Hawker went to the Attorney-General & Mr Smith Jun! for their opinion, which they gave in writing, a Copy of which I inclose. This not being favourable to Cap Hawkers pretensions, I suppose that he informed Admiral Lord Colville of it, who on that occasion wrote a warm letter to the Judge of the Admiralty, which either intimidated or made him so cautious, that he did not as usually decree one third of the forfeiture to the King, one third to the Governor, & the remaining third to the Prosecutor, but in general terms To His Majesty & such persons as are intituled to the same, pursuant to the several Statutes, in such cases provided, tho' the vessel & cargo could not otherwise be forfeited than by the Statutes. which give one third to the Governor.

In consequence of this Sentence I am informed the money ariseing from the Sale of the Forfeitures is to be lodged in the Collector's hands, who it is said, will retain

the same, untill he shall receive direction from his Superiors for the Distribution of it.

you

As this matter concerns you Sir, & future Governors more than it can do me, during the short time I expect to hold the Administration, I think it my Duty to inform of it, that you may take such care of your own Interest & of the Governors of this Province as you shall think proper. I shall only take the liberty to observe, that as the Governor is sworn to observe the Laws of Trade, & has a large body of directions on that head, this care gives him more trouble than any other part of his administration. I presume, His Majesty does not intend to deprive his Governor of any reward for this service which the Law gives him. Notwithstanding that the Governor retains a third of the forfeiture given by law the Capt Officers & crew of his Majestyes ships may receive one Moyety out of the two thirds to the King & the Prosecutor, if his Majesty shall please to order it so

I am with great respect

Sir

Your most obedient &

most humble servant

CADWALLADER COLDEN.

Major General

honourable ROBERT MONCKTON.

P.S. I am informed that in a Similar case the Judge of the Admiralty at Boston, has lately decreed one third of the forfeiture to the King, one third to the Governor & the remaining third to the Prosecutor.

WATTS TO MONCKTON.

DEAR SIR,

NEW YORK 21 Jany. 1764.

Your favor of 10th Nov! has at last given me the satisfaction of hearing from you by the Harriet packet, the Halifax that was to follow 26th is not arriv'd tho' the weather is the finest in the World, perfect Spring. We wish the expected packet in, more particularly to know what complexion this animated session of Parliament is to wear, political painters differ so much in their representations that nothing but the life will do

Mr. A's friends report that his Mandamus was on board the shipwreck'd packet, he talks himself of settling in England soon, & says it is not worth his while to qualify. Mr. Chambers I believe must soon make another vacancy these old Dons seem to be but a dead weight at best, they may serve in that sense as drags do to a kite to keep it steady & from flying too high.

The five members of Council meant I am sure no prejudice to his Majesty's interest but the old gentleman affects much in appearing very profound at home, grant him that indulgence & one other, of granting lands & you have the man The case from the beginning as I understand is simply this, eternal quarrels subsisted between the borderers in which several lives were lost, Commissioners were appointed by the different governments to settle a line of Jurisdiction or Peace to prevent the effusion of more blood, I was one of them myself, but we could agree upon nothing their demands were so high. We argu'd for Connecticut River, they for the South Sea, think how we were to meet - afterwards when the quotas of the Colonies were settled in a grand Congress at Albany, the thing was then more

solemnly treated than ever, tho' to as little purpose, they would not allow us even the twenty miles so far from extending to Connecticut River, the Board of Trade then took it in hand & recommended it to the King in Council for the present quiet & good government of the respective Colonies to settle the line of Jurisdiction twenty miles from Hudson's River there it has rested ever since & there the Council took it up to preserve peace & good order, not to determine property, if this be wrong, they are wrong and the old casuist right- I must observe before I leave the tedious tale that from whatever we could collect of their statements at home, tho' they meant to give us the extent of twenty miles, the words did not comprehend it supposing the River to run due North & South they divided a due East line perpendicular to the River, but its course is North inclining to the East, by which a due East line does not intersect it at right angles & reduces the difference to something better than eighteen miles - So much for Boundaries & Rivers

I have told you that I had rec! your salary from 1st to 25th June £136 19 7 & from thence to 1st Sept: amts £181 10 24. Nothing else yet, the Custom House folks have promis'd to settle & pay me your part of the seizure soon. The Gardener at Greenwich has had £25, half a year's salary, Deale thinks he is an idle dog- You seemed to be doubtful when you left us about my remitting such sums of money as came into my hands, if I am to do it regularly, it shall not by any means be neglected. — When the Cumberland packet sail'd I was out of town or you should not have been loaded with the postage of a bundle of insignificant papers-a Cap Grant of the 77th has 'em this Trip.

The N. E. Governments seem to sneer at Gen G: requisition & grant no men, but his Majesty's has since gone, what they will do with that is not known, they confess the cup to be bitter (meaning the Indian War) but add they

were for a long time oblig'd to drink of it unassisted & alone, a Peace at last will I believe be the thing & the terrible insults & injuries we have receiv'd be quietly pocketted

I always am

Dr S:

Y: Most faithful

& Humb! Serv

JN WATTS.

This minute I recd Maj. Gates fa of 10th Oct with the papers for which I pray you'd return him a thousand thanks The packet being on the point of sailing & my hands overloaded I sent the letters to Napier to answer, but his reply to me was unanswerable by G- however I don't think so & if I have a moment left it shall be devoted to his service, if not I acknowledge my self his debtor till the next conveyance.

SAME TO SAME.

DEAR SIR,

NEW YORK, 11th March 1764.

My last were by Aberdeen, the General's Steward, he had the papers, &c. & so had M: Gibson, M: Allen's relation who followed in the Halifax Packet. Lieut. Hogarth of the 77th I propose to entrust them to in this Packet, tho' I can't say the trust is very great considering the matter they are composed of

M: Colden has paid me £225. the half of a quarter's salary from 1st Sept: to 1st Dec: I don't remember to have either receiv'd or paid any thing else on your account, the Custom House have not yet paid me your proportion of the