Votes of the House of Representatives for His Majesties province of New-York in America.

Votes of the House of Representatives for His Majesties province of New-York in America.

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VOTES OF THE House of Representatives for His Majesties Province of New-York in America.

Die Martis A. M. 21 Mart. 1698.

His Excellency's Speech to the General Assembly.

Die Mercurij A. M. 22 Mart. 1698.

The Summons for Lieut. Coll. Henry Pierson and Major Matthew Howell

§

§

Die Jovis 9 ho. A. M. 23 Mart. 1698.

Die Veneris 9 ho. A M 24 Mart. 1699

Die Luna, 2 ho. P. M. 27 Mart. 1699.

Die Martis 10 ho. A. M. 28 Mart. 1699

[Page]

[Page]

VOTES OF THE House of Representatives for His Majesties Province of New-York in America.

Die Martis A. M. 21 Mart. 1698.

THis Day all the Members elected & chosen to serve in General Assembly for this Province, except the Members chose for the County of Suffolk, being met, according to Adjournment, his Excellency sent Coll VVilliam Smith and Coll. Abraham D' Peyster, and the Clerk of the Crown, with a Dedimus Potestatem, to swear the said Members, and see that they signed the Test and Association, directed according to Law, which was done accordingly.

Then the said Members sent the Clerk of the House to wait on his Lordship to know his further pleasure for his Majesties Service. Mr. Cosens, Clerk of the Council, brought a Message from his Excellency and Council, requiring them to proceed to chuse their Speaker, and when they had so done, they should then attend the Governour and Council, with him, who waited for them. And thereupon the House did proceed on the said Message, and unanimously did chuse James Graham, Esq for their Speaker, and conducted him to, and placed him in the Chair acco [...]dingly

Ordered, That Mr. Speaker, in behalf of the House, demand their former Rights and Priviledges.

[...] their Members, [...] may be arrested or molested during the Session. That they may have freedom of access to your Excellency's Person, when occasion offers That they may have liberty of Speech, and a favourable Construction upo [...] all Debates that may arise amongst them. That in all Mis-understandings which may happen or arise between the Council and this House, upon any subject matter which shall be concluded by them, that then in such case a Committee of the Council may be appointed to confer with the Committee of this House for the adjusting and reconciling all such Differences; and that these their Requests may be approved by his Excellency and Council, and entered in the Council Books accordingly.

Then the Speaker left the Chair, and went with the whole House to wait upon his Excellency and Council, who presented their said Speaker to his Excellency for his approbation.

The Choice of the Speaker being approved by his Excellency, the Speaker demanded the above Priviledges, which were granted. Afterwards they returned to the House and the Speaker reassumed the Chair, and acquainted this House, that [...]ording to their Order they had attended his Excellency in Council, who approved o [...] their Speaker, and granted their Priviledges, as desired; and at the same time his Excellency made his Speech unto the General Assembly there convened; which Speech his Excellency was pleased to give unto him, which he ordered to be read in the House. On which the House ordered, That the unanimous Thanks of this House be given unto his Excellency for [...] kind, favourable and affectionate Speech.

Ordered, That his Excellency's Speech, & the Proceedings of this Day be forth-with printed. Then the House adjourn'd till to morrow 9 a clock in the Morning.

[Page]

His Excellency's Speech to the General Assembly.

Gentlemen;

THere had been no occasion for calling you at this time, if the last Assembly had answered the good ends I proposed to my self for the Kings Service, and that of the Province. But having sate a whole Moneth and done no business, I thought it adviseable to Dissolve them; and the rather, because there were great Heats and Divisions among them, which I found Impracticable for me to compose and put an end to.

You need not be told to what a degree Faction and Sedition have taken Root in this Town, 'tis a thing so generally known. And there has been the utmost Industry us'd by some ill Men to spread the Infection all over the Province, and to alienate the Affections of the People by false Suggestions and Notions of their Independance from the Crown of England, and that 'tis a Violence and Wrong done 'em that England should put a Limitation on their Trade. How extravagant and wild is this Notion; does not England put a Restriction on its own Trade, in some Cases? And as for Pyracy, which some People are so fond of here, 'tis held in such Abomination as not to be known or practis'd there. People must not be so deceived, this Province is subject to the Crown of England; and 'tis its greatest Glory and Happiness that it is so. For by that means the People are entituled to the Protection of the Crown, and are under the best Constitution of Laws, and that in fellowship with the best and bravest People in the World, the People of England; and they must be obedient to English Laws, 'tis their Duty and Interest so to be. And the Angry Men of New-York must not expect from me that Connivance at their ill Practices that they were accustomed to some years before my coming to the Government: The Oath of a Governour, the Laws of England, and the King's Instructions, which are made to square with the Laws, are sacred Tyes and Obligations with me.

I have observ'd great Marks of Irreligion and Immorality in this place, and I take it to proceed from a long Habit of breaking the Laws, which has introduced Lisentious and Dissolute Living: And nothing can rectifie and reform our Lives & Manners but Religion. Religion is of that admirable frame and temper, it inflames us with a true Devotion to our great Maker, which is our most reasonable Service. Then it fits us for all the ends of Civil Society, by uniting our Minds, Affections and Interests; it makes us good Men: And good Men will of course be good Friends, good Neighbours good Subjects; & good Patriots, that is, Lovers of their Country, and obedient to its Laws.

Now that I have stated to you the unhappy Circumstances we are in by the contrivance of ill Men. I shall proceed to recommend to your Thoughts a few things which are necessary for the Support and Peace of the Government, and will be a manifestation of your Duty and Affection to the KING.

I therefore Propose to you Gentlemen of the House of Representatives, the Continuance of the present Revenue (which will otherwise shortly expire) for what Number of Years you shall think fit. I found the Government very considerably indebted when I came to it, and it cannot be expected that Debt should be much lessen'd in so short a time as I have been here: And I could wish you would put the Government on a clear foot, by finding a way to [Page] discharge that Debt. The Publick Accounts I have order'd to be prepar'd for you, with an estimate of the Debts of the Government. I promise you I will be as good a Husband of your Money as 'tis possible for me to be: and when 'tis either mis-apply'd or mis-mannag'd by my means, I shall not take it amiss if you put me in mind of my want of Care therein. To induce you to the continuance of the Revenue to the Crown, I cannot set before your Eye a better Example than that of the great and glorious People of England, who out of a sence of the inestimable Advantages they were restor'd to by the King, freely, and without the least murmuring, supported him in a long and expensive War, well knowing he bravely fought for the Liberties of all the Christian World, and that they had as great a share as any others in that Quarrel; wherein also his Majesty often ventur'd his Royal Person with the meanest Souldier in his Armies. Beside, the King considering this Province as a Barrier between the French of Canada, and his other Plantations, and therefore most expos'd, was pleas'd to take a peculiar Care of you, having been at great Expence this last War, in paying for four Hundred Men, and maintaining a Man of War for your Defence, and constantly supplying you with Stores of War. These are such Obligations as I hope you will not only remember in the manner I have now recommended, but also with your earnest Prayers to God for his Majesties long Life and prosperous Reign over you

The next thing I recommend to you, is the Reconciling of People and Parties, which will be a glorious Work, and will, I doubt not, be easily accomplish'd by your prudent Care. You all know the Mischiefs, b [...]th publick and private, that Feuds and Divisions bring on a People or Nation: they cause an Interruption in Trade, by the Discord they make in private Families & Friendships: and next to a Civil War, 'tis the most Unhappy state and Condition a Country can be in. I will heartily joyn with you in such Methods as shall be thought adviseable for the procurement of a thorow Reconciliation of Parties. And that you may induce others to be peaceably and charitably minded, I earnestly recommend to you, Gentlemen Representatives, that you mannage your Debates & Proceedings in your House with that Calmness and Moderation that becomes the Prudence of Men, that are under such a Trust from their Country. The pre [...]ent Conjuncture requires it at your hands; The King will thank you, the World will applaud you for it, and God will bless and prosper you and your Affairs.

I mu [...]t acquaint you with the Circumstances of our five Nations of Indians, with whom I had a Conference this last Summer at Albany ▪ & then fix't their Friendship & Fidelity to the Crown by extraordinary Presents & kind Usage; and they parted with me in all the good Humor imaginable. But I am lately advised they are grown very uneasie and dissatisfied at the French Governour of Canada's detaining some of their Friends Prisoners, notwithstanding the late Treaty of Peace, which is a very unfair Practice in that Governour. You shall have all the Memorials and Proceedings with our Indians laid before you that you may advise me what measures to take for preserving them firm to the Interest of the Crown and this Province, which is a thing of very great consequence, and deserves as much as any thing whatsoever to be the subject of your Thoughts and Determination

I am ordered by the Kings Instructions to prepare and offer you 2 or 3 Bills [Page] for your passing, which will be for the Service of the Province. And such other Bills as you shall judge proper to offer me for securing your Liberties, and advancing your Trade, I promise you my assent to their passing into Laws, provided they be not Repugnant to the Laws and Interest of England.

Die Mercurij A. M. 22 Mart. 1698.

The House met according to adjournment. The Speaker ordered the Roll of the House to be called over, which was accordingly done, and there was found Henry Pierson and Matthew Howell, returned to serve for the County of Suffolk, absent.

Ordered, That Mr. Sp [...]aker issue out his Wa [...]rant to require the Members elected for the County of Suffolk, to attend the Service of this House with all speed.

The Speaker ordered his Excellency's Speech to be read, which was read accordingly. Then he proposed what part of his Excellencys Speech should fall under the consideration of this House first. Thereupon it was moved, That in regard that this House was sensible of the great advantages that does attend this Province, by having so glorious a Prince as his Majesty to reign over us, that in acknowledgment of so great a blessing, the settlement of the Revenue should fall first under the consideration of this House. It was also moved, that the consideration of the Reconciling of Parties may be first under the consideration of this House Whereupon the Speaker put the Question, Whether the settlement of the Revenue on his Majesty, or the Reconciling of Parties should fall first under the consideration of the House? And it was carried by the Majority of Votes, That the Revenue, &c. should first fall under the Consideration of the House.

Ordered, That the House resolve it self into a grand committee of the whole House, to take the Settlement of the Revenue, &c. into their present Consideration. Whereupon the Speaker left the Chair.

The House being resolv'd into a Committee of the whole House, to take under their Consideration the settlement of the Revenue upon his Majesty, for defraying the necessary Charge of the Government, did elect Abra. Gouverneur to be their Chair-man.

The Speaker having re-assum'd the Chair, Abra Gouverneur, Chair-man of the grand Committee of the whole House, appointed to take the Settlement of the Revenue, &c. into their Consideration, brought his Report, which was read in these words following, VIZ.

Resolved, That they have made some progress in that matter, but come to no Conclusion, and therefore d [...]sire leave of this House, that the said Committee may sit again at another time, to consider further of that Business. Abra. Gouverneur.

Whereupon it is ordered, That all other business shall be laid aside, and that this House will Resolve themselves into a grand Committee of the whole House to morrow Morning 9 of the Clock, to take the settlement of the Revenue, &c. into their further Consideration.

The Summons for Lieut. Coll. Henry Pierson and Major Matthew Howell

§

WHereas Henry Pierson & Matthew Howell, returned Representatives for the County of Suffolk, have neglected their Duty to their County, by absenting themselves from the Service of this House convened in General Assembly. It is therefore ordered that the Speaker do issue his Warrant for their immediate Attendance at the House of Representatives, for the Discharge of the Trust reposed in them by their County. And hereof they are not to fail.

By order of the House of Representatives, James Graham, Speaker.

§

GEntlemen, The House being sensible of your Neglect, in not attending the Service of your County in General Assembly, according to the Tenure of his Majesties VVrit, have ordered me to require your immediate Attendance at the House of Representatives, for the Discharge of that Trust reposed in you, [...] you will answer the contrary at your Peril.

By order of the House of Representatives, James Graham, Speaker.

Die Jovis 9 ho. A. M. 23 Mart. 1698.

This day the House met according to adjournment, and the Roll of the House being called over, none of the Members were absent but the two Members returned for Suffolk County.

[Page]The House being resolved into a Committee of the whole House, to take under their Consideration the settlement of the Revenue upon his Majesty, for defraying the necessary Charge of the Government, the Speaker left the Chair; and after some Debate, the Speaker re-assumed the Chair. Abraham Gouverneur, Chair-man of the grand Committee aforesaid, brought his Report, which was read in these words following.

§

Resolved, That a Revenue, such as the House shall think fit, be settled on his Majesty for six years, to commence at the expiration of the present Act of Revenue.

Abrah. Gouverneur, Chair-man.

Upon reading the Report, it was moved, that it might be re-committed; and it was also moved, that the said Report might be approved by the House. Whereupon the Speaker put the Question, Whether the said Report should be re-committed or approved by the House? And it was carried by the Majority of Votes, That the said Report should be approved, and the House doth approve thereof accordingly.

A Message from his Excellency and Council brought by Coll. VVilliam Smith and Coll. Abraham D' Peyster, was read, and the consideration thereof was referred till another time.

At a Council held at Fort William Henry this 22th day of March, 1698. Present his Excellency Richard Earl of Bellomont, &c. Capt. John Nanfan, Lieut. Governour, • Steph. Cortlandt, Esqr. , • William Smith, Esqr. , • Abra. D' Peyster, Esqr. , • Samuell Staats, Esqr. , and • Robert Walters. Esqr. 

HIs Excellency having been formerly informed by several hands, That there was great Quantities of Goods run into Oyster-bay, and other places on Nassaw-Island, which paid no Customs to his Majesty, did therefore constitute and appoint John Townsend of Oyster-bay to be Surveyor & Searcher of his Majesties Customs in the Towns of Oyster-bay, Huntington and Masketo Cove in the said Island, and that by Commission under his Excellency's Hand and Seal at Arms, bearing date the 7th day of this i [...]stant March, &c. with a Sallary of 30 l. per Annum. A [...]d the said John Townsend appearing this day before his Excellency and the Council, did declare, That he hath met with such Discouragement by the Abuses and Menaces of the Inhabitants of the said Oyster-bay, that he dares not execute the said Office; and therefore desires to be discharged from the same, and accordingly has surrender'd up his Commission. His Excellency and Council are of Opinion, That the aforesaid Complaint & Surrender ought to be laid before the Assembly, and recommended to them, that some Course may be taken to prevent Unlawful Importations and Exportations there, and in all other places in this Province. And Coll. William Smith and Coll. Abraham d' Peyster are desired by this board to go to the Assembly with this Minit.

By Order of Council, B. Cosens, Cl. Concilij.

The Petition of Jacobas van Cortlands, Thomas Wenham, Johannes Kapp and Rip van Dam, Candidates in the late Election for the City & County of New-York was read.

Ordered, That the Representatives for Kings County, Queens County, VVestchester County, Richmond County, Orange County, and the City and County of Albany be a Committee to examine the Allegations of the said Petition, and that the Sheriff be served with a Copy of the said Petition, and attend the said Committee: And ordered, that none of the Members for the City and County of New York shall sit or vote in this House until the said Election be determined; and that the said Committee do [...]t this after-noon [...] 3 of the Clock. Then the House adjourned till 9 a clock to morrow Morning.

Die Veneris 9 ho. A M 24 Mart. 1699

The House met this day according to adjournment, and the Speaker taking the Chair, the Chair-man for the Committee for examining the Election and Return of the Members for the City and County of New-York, deliver'd the Resolve of the said Committee, which was in the words following, viz.

§

Resolved, That upon Reading the Petition of the Gentlemen above-named, and the Sheriffs answer thereto, and hearing the Parties, it is concluded by the Committee, That the Return of Representatives for the City and County of New-York, made by the Sheriff, is good, and according to Law.

Abrah. Gouverneur, Chair-man.

[Page] Ordered, That the Petition be dismissed. Which was approved, and ordered that the Members returned by the Sheriff of New-York, for the City and County of New-York, take their places accordingly.

Ordered, That the Petition of Jeremiah Tothill, Ebenezer Willson, Thomas [...], Robert Lurti [...]g and Adolph [...]hillips; and the Petition of Denyse T [...]e [...]nisse, Samuell Bayard, Johannes Cortl [...]nd [...] and John Vanse [...]t, complaining of undue Elections, be referred to the Committee of Elections.

Ordered, That the Sh [...]riff be served with the Copy of their Petition.

§

The Committee of Elections did chuse Johannes a' Peyster Chair [...]man, and then they proceeded upon the Examinati [...]n of the Petition of Jer. Tothell, Eb [...]nezer VV [...]son, Tho. B [...]rrough [...], Robert Larting and Adolph P [...]lli [...]s. And the matter therein [...] against the She [...]iff being adjudg'd frivolous, are of Opinion, that it will be a dela [...] to the [...]usiness of this House, as well as an unnecessary Charge, [...]o summons him to [...]ttend at a certain day, he having discharged his Duty, according to the tenor of his Writ. And as to the other matters alledged, the said Abraham Gouverneur acknowledging, that he was of forreign [...], but producing a Cirtificate under the hand and seal of the Mayor, as well as by the Oathe [...] of D [...]. Kyrtbyle and Mr. B [...]eaker, it does appea [...] that he was actually in this Province i [...] the Year 16 [...]3 before and at the time of the Act of Assembly for Naturalizing a [...] such as were of f [...]reign Birth, was passed, in the time of Coll. Dungons Government, and therefore are of Op [...]nion, that he hath the benefit of the said Law, and is naturalized in the same manner as [...]ll the rest in this Province, who have the benefit of the same Law. And as to his Conviction of Murder, the said Gouverneur having produced a copy of his Majesties Pardon, as well as [...]n Act of Pa [...]liament for the reversing the Judgments, Convictions and Attaintures of Treason and Fellony, when he had been attainted, we are also of Opinion, tha [...] the same are authentick and sufficient to reverse the s [...]id Ju [...]gments and Convictment of Murder, and therefore qualified by the Law to be returned a Member to sit in this House, and that he ought to take his place as such accordingly.

By order of the Committee of Elections, Jo d' Peyster, Chair-man.

Ordered, That the Petition be [...], and th [...] M. A Gouverneur take his place accordingly. Then the House adjourned until Monday next 2 a Clock in the aft [...]r-noon.

An Order for John d' Pew, High-Sheriff of Richmond County.

§

WHereas Denys Theunisse, Samuell Bayard, Johannes Cortland and John Vensan [...] have preferred a Petition to the [...]onourable House o [...] Representatives for the Province of New-York, complaining therein of an Ʋnd [...]e Election and unfair Return of Persons to sit in the Ass [...]mbly, made by John de Pew, Esq High-Sheriff of the County o [...] Richmond, It is ordered that Johanne [...] De Peyester, Chair-man of the Committee for Elections, do summon, the said John de Pew to attend the said Committee, tha [...] he have a Copy of the said Petition▪ A [...]d you the said John de Pew are hereby summoned to attend the said Committee on Tuesday next in the City of New-Y [...]rk accordingly. And hereof you are not [...]o sail.

By Order of the Committee of Elections, Jo. De Peyster, Chair-man

Die Luna, 2 ho. P. M. 27 Mart. 1699.

This day the House met according to [...]djournment▪ Ordered, That Mr Lewis, Major Jack o [...], M [...] Gouverneur, M [...]. Rans [...]a [...]r, Mr. S [...]ermerhorne and Mr. Hunt be a Committe [...] to ex [...]ine the Books, and Records, and Papers relating to the House of Representatives since t [...]ey were convened in General Assembly, and make Report thereof to the House to morrow Morning. The House adjourn [...]d till 10 a clock to morrow Morning.

Die Martis 10 ho. A. M. 28 Mart. 1699

The House [...]et according to adjournment. Abraham Gouverneur, Chair-man of the Committee to examine the Books and Records, &c. read his Report to the House, which was approved.

Ordere [...], That the Report of the Committee to examine the Inventory of the Books and Reco [...]ds, be entered, and that the Clerk require of Mr Cosens, the former Clerk, the Books that are wanting, viz. a Journal of the year 1697 & 98. a printed Book of Laws from 1691 to 97. and Coll. Co [...]tland's Book of Taxes.

Resolved, They do find all the Books and Paper [...] from the beginning of Coll. Slaughters [...]vernment, mentioned in the Inventory h [...]unto ann [...]xed, except a Journal Book of the Year [...]

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Title statement

Votes of the House of Representatives for His Majesties province of New-York in America.

New York (State). General Assembly.

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2005-12.

ID [DLPS]

N00702

ID [TCP]

N00702

ID [STC]

Evans 848

ID [NOTIS]

APW9565

ID [IMAGE-SET]

848

ID [EVANS-CITATION]

99015988

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Early American Imprints, 1639-1800 ; no. 848.

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(Evans-TCP ; no. N00702)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 848)

Images scanned from Readex microprint and microform: (Early American imprints. First series ; no. 848)

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— Votes of the House of Representatives for His Majesties province of New-York in America., New York (State). General Assembly..

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6+ p. ; (fol.)

Printed William Bradford,. [New York :: 1699]. (Beginning Mar. 21, 1698 [1699 New Style].) (Caption title.) (Imprint supplied by Evans.) (The only known copy, held by the New York Public Library, lacks all after p. 6.) (Not in Wing (2nd ed.).)

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