To the Honourable House of Representatives of this his Majesties Province of New-York, in General Assembly met & convened.
The Humble Petition of Samuell Staats, Johannes D' Peyster, Leonard Lewis and Abraham Gouverneur.
T [...]at whereas Ebenezer Wilson, High-Sheriff of this City and County, did, in p [...]rs [...]ance of his Majesties Writ to him directed, order the Free-men & Free-holders of t [...]is City and Co [...]nt [...], and the Free-holders of the County of Orange to appear [...] Plains near t [...]is City, to make choice of four Free-holders, to represent them in General [...], on the Twel [...]th day of this instant month of May, the which being [...]et, the Sheriff [...] twelve men as VVitness [...], and your Petitioners w [...]re then and there, by the major [...] the Free-men [...] Free-holders, elected and chosen Representatives as aforesaid; but [...] demanded, he the said Sheriff soon adjourned the same to the City Hall, against [...] of your Petitioners, and being there met, did then and there refuse your [...] to be present at the taking the same that day, and most [...] one of your Petitioners▪ And [...], one of those Witnesses pretended to be appointed on the side of [...] Petitioners, did not [...] the Argument of those that had a right to Vote, declare against those would Vote for your Petitioners; and at the shutting up of the Poll would not hims [...]l [...] [...] for them, by w [...]ich mean [...] they [...] many Votes; a [...]d all those of the County of Orange men pretended to have no right to vote, although commanded by the Sheriff, as above-said. N [...]withstanding all which Ab [...]ses your Petitioners had the majority of Voices, although many Persons voting against your Petitioners were admitted of, as having their Freedom from the Major, notwithstanding they had not, for many years, been resident in this City o [...] County A [...]d although every Person coming to poll was then and there at large examined of his Qualifi [...]a [...]on [...] thereunto, some of both sides excepted, who were to be referred to a Scrutiny; but so it is that the Sheriff has taken upon himself to make a new Scrutiny on the Poll, whereof he pretended to have the whole management, and would not allow unto those Person that voted for your Petitioners the same Liberty which was allowed on the other hand, by which means above Eighty of those that voted for your Petitioners were excluded although it is evident most of them had an Ʋndoubted Right to Vote, and were passed before (as insufficiently qualified) thereby to bring the major Vote on such Persons as otherwise could not be Elected, of which he the said Sheriff has made Return, to the great Infringement of the Liberties of the Free men and Free-holders afore-said, against all which [...]ve of the Witnesses did then and there Protest.
Your Petitioners therefore in all Humility fly to the Honourable House for Relief in the Premises, humbly craving, That the said Ʋnjust Proceedings may be examined, that your Petitioners may not be debarred of their Rights [Page 2] and Priviledges, but have such Remedy as the Law and Custom of A [...]mblies in such Cases do direct, and as in your great Wisdoms shall seem meet. And your Petitioners shall ever pray, &c.
- Leonard Lewis,
- Abrah. Gouverneur,
- Samuell Staats.
- Jo. D. Peyster.
To the Honourable House of Representatives met and conven'd in General Assembly at New-York.
The Humble Answer of Ebenezer Willson, Esq High Sheriff of the City and County of New-York and Orange County, Ʋnto the Contumelious Petition of Samuell Staats, &c.
THat your Honours Respondant, pursuant unto his Majesties Writ to him directed, did make a true and just Return of the Persons that were truly elected by the Free-holders and Free-men of the said City, according to the Tenor of the said Writ, which is verified by the Electors of the said Persons, by an Indenture under the Hands and Seals of the said Electors or Chu [...]er [...], according as the Statutes of the 8th and 10th of Henry the 6th do direct.
That your Honours Respondant, according to the purport of the said Writ, did summons the Free-holders of the County of Orange, which he conceived by the Writ to him directed, to be within his Baylwick; but the Mayor, and other of the Magistrates of the City of New-York, together with several other of the Citizens of the said City, alledging it to be an Infringement upon the Right of the said City, to admit any Persons of a Forreign County to be Chusers or Electors of the four Representatives, which by the first Constitution of Assemblies in this Province were allotted and appropriated to New-York; and that they conceived, That the Writ could not change the Fundamental Constitution of the Government, which is confirmed by Act of Assembly. Therefore he, with the Advice & Consent of the majority of the Electors, did not admit of the Free-holders of Orange County to vote, but their Names to be put in a List by themselves, that what may be offered against the Right of the City, might be better considered afterwards, if there should be any need of disputing the same.
Your Honours Respondant, for the just observing of his Duty, by the aforesaid Writ required, he did in open Field, after the Publication of his Writ, appoint twelve of the Electors to be Witnesses of the faithful Execution of his Writ, if an [...] Controversie should arise about those that were elected to serve in Assembly, and required ther [...] to w [...]tness the Truth of his Execution of the said Writ, whose Names are hereunto annexed; which Electors were approved of by the Candidates of either Party.
The said Respondant on the said twelfth Day of May, according to the Request of the Electors, that were then in the Field, upon the Nomination of several Candidates that were proposed to represent the said Electors in Assembly, did agree to the Poll that was demanded, but the Disorder of the People was so great, and the little conveniency in the Field for the taking the said Poll, did adjourn the same to the Town Hall of the said City, as he humbly conceives by the aforesaid Statutes, he hath Power [Page 3] to do; the appointing of the Time and Place of Election, by the said Writ, being wholly left to the Discretion of the Sheriff, and by the Command of the Law he needed not the Consent of any Person to joyn with him in the Adj [...]ment of the said [...] to the Town Hall, because he is authorized, both by the Statute-Law and Customs of England to do the same.
Your Honours Respondant doth further say, That he did not refuse any of the Candidates to be present at the taking of the Poll, nor was he abusive to an [...] of them▪ but the Candidates of one side being only present, and one of them so Rude as to take his Chair from him, he did thereupon rebuk [...] the said Candidate, and [...]id him get out of his [...]hair, who replyed, He had mo [...]e right to be there than this [...]; which he also conceives to be a Violence to the Right of his Office, which makes him the sole Judge of the Poll, as the Statutes do express at large, there being none invested with the Power of an Oath but himself.
And as for the Witnesses that were appointed for the Scrutiny the Poll, and the returning of the Persons elected, they were the most Reputable I could [...]ame on either side, on behalf of the Candid [...]tes, and they were under no Restriction, but had the freedom of their Judgment, without any Imposition; and if Truth swa [...]ed or convinced them to be in the right, I hope it will not be imputed as a blame to me, since I have taken all the care imaginable faithfully to discharge my Duty.
And as for the Reproachful Allegation of the Petitioners, That they had the majority of Votes, the Return under the Hands and Seals of the Electors, will evidence it to be grosly false; for in the Examination or scrutiny of the Poll, the Rules observed and agreed by the Witnesse [...] were such, That no Person should be admitted to elect on either side, but such as had a Freedom Free-hold in the City or County, or enrolled Free-men, and were of Age, Natural born Subjects, Denizens or Naturalized, and that all those that were A [...]ens, under Age, or had not their Freedoms, or were not enrolled, nor had any Free-hold, should not have the liberty of Choice. Whereupon the Witnesses, upon the scrutiny, did refuse forty eight Persons that were in the Poll, in right of those that I returned, and excluded them from their Vote; and upon the scrutiny of the Candidates of the Petitioners, there were in like manner eighty eight Persons refused, who according to the agreement aforesaid, were not qualified to give their Votes; and time was allowed for the Persons excepted to justifie their Right of Voting, if any they had, which not being done, they were excluded; by which means, at the c [...]osing of the scrutiny, there did appear to be Fifty Eight Electors more for those that I have returned, than there were in favour of the other Candidates, or the Contumelious Petitioners. And there being but twenty one of the Free-holders of Orange County, who did Vote, if they had been allowed by the City, yet still there should be Thirty Seven more Votes for those whom I did Return by my indentures, sealed and lawfully executed by seven of the principal Free-holders of the said City. Which Return I know to be just and true, and thereupon, according to my Oath and Duty I did it, and am ready, upon the Oathes of the Witnesses to make appear. And therefore humbly pray to be from this Calumnious and Vexatious Complaint dismist.
- Matthew Clarkson,
- William Morris
- Brandt Schuyler,
- James Spencer,
- Jeremiah To [...]hell,
- Derrick Vanderburgh,
- John Hutchins,
- David Provoost,
- Jacob Boelen,
- Hendrick Jellison,
- Gerret Onclebagh,
- Lawrance Thomas,
To the Honourable House of Representatives for the Province of New-York, Convened in General Assembly.
The Humble [...]tition of Samuell Staats, Johannes d' Peyster, Leonard Lewis and Abraham Gouverneur.
THat your Petitioners having seen a Copy of the Answer of Ebenezer Willson, High-Sheriff of this City and County, to their Petition lying before this House, whereby it appears, that it is highly necessary for your Petitioners to have a Copy of the Poll, for which the Sheriff demands the Sum of Three Pound [...], which your Petitioners conceive to be very Unreasonable.
Wherefore your Petitioners apply themselves to this Honourable House for their Opinion of said Demand, and that some reasonable Time may be allowed them to make their Replication to the said Answer. And your Petitioners shall pray, &c.
- Leonard Lewis,
- Abrah. Gouverneur.
- Samuel Staats,
- J. D. Peyster.
To the Honourable, the House of Representatives of the Province of New-York, convened in General Assembly.
The Replication of Samuell Staats, Johannes d' Peyster, Leonard Lewis and Abraham Gou [...]erneur, to the Answer made by Ebenezer Willson, Esq High-Sheriff of the City and County of New-York and County of Orange, to their Petition presented to this Honourable House.
To the first Paragraph:
HE the said Ebenezer VVillson, High-Sheriff, by his Answer pretends, that he has made a just and true Return o [...] the Persons that were truly elected by the Free-holders and Free-men of this City; Whereby he intimates, that the Free-holders of the County of Orange were no ways concerned in the choice of the Represe [...]tatives, although it does plainly appear by the Indenture, that the Persons he returned are elected b [...] the majority of Voice [...] of the Free-men and Free-holders of the City and both Counties; and how this can agree with his Majesties Writ, and Return thereupon, when by this Answer it is averre [...], That [...]e has returned the Representatives chosen by this City and County, and by [...]entures of Return it appears, that another County was therein concerned; and [...] can he make Return of the Voices of those Persons Free-holders of the County of [...]ange, whose Votes upon the Poll he denyed to admit, and yet all this he pretends to justifie by the Statutes of the 8th and 10th year of Henry the 6th; which, with humble submission to this House, we must say, seems very strange, that Mr. Sheriff should pretend that the said Statutes were of Force in this Province, when it is evident that the same were enacted before any of these American parts were Dominions of the Crown of England; and that at the Poll he [...]ould deny us the advantages we could pretend unto by a Statute made in the 7th & 8th year of our Soveraign Lord VVilliam, now King of England. But if we come to consider the said Statutes, it plainly appears, that Mr. Sheriff ha [...] not made a due Return; for the said Statutes positively ave [...], That the Chusers, who should vote for Knights of the Shires, should be dwelling and resident in the County where they should give their Votes; whereby it is plain, That all those Persons that live at New-K [...]hell ▪ and elsewhere, ought not to have been admitted to poll on account of their pretended Freedom from the City, which would greatly diminish the Number of Voices for the Persons he has returned.
[Page 5] To the Second Paragraph,
That your Replyants do much admire Mr. Sheriff should so far forget himself in [...] Answer, as to p [...]et [...]nd that he left the People of the County of Orange in dispute, [...] by the Return it appears he allowed of them
To the Third, How faithf [...]lly Mr. Sheriff has executed his Writ will appear in the [...].
To the Fourth, Mr. Sheriff pretends to Warrant his Proceedings, as to the [...] Time and Place of El [...]ction, by the aforesaid Statutes, whereby no [...] Power is [...] all given to him, as by an Over of them will appear But by the [...] of the 7th and 8th year of our Lord the King th [...]t now is, it is Enacted, [...]at the Sheriff shall not adjourn the Poll without consent of the Candidates, which [...] Sheriff did, contrary to our consent, which in thi [...] Answer he pretends to justifie.
To the Fifth, As to what Mr. Sheriff pretends to be abused by one o [...] [...], will appear [...] f [...]lous; but that he gro [...]ly abused Leo [...]d Lewis, one of your Petitioners, Candidate and Justice of the Peace in this City, by pulling him by the Arm, and [...]awing his Chair from under him, when he was present, as [...] Law [...] conceived to [...]ve a right to be, is evident And if no Person had the Power to [...] [...]th but Mr. Sheriff, it is very strange that he being often desired, wo [...]d [...] admi [...]ister an Oath to those that came to Poll, as is directed by the [...] of the [...]th & 8th Year of our Lord the King that now is.
To the two last, We do say, as in our Petition. We have averred, That no Scru [...]iny [...]ould have been bu [...] on those that were [...]: Li [...]t by themselves, [...] the [...]ho [...]e Po [...]l, seeing every man was sufficientl [...] questioned before he was admitted to gi [...]e [...] Vote, and that at the Sc [...]utiny Mr. Sheriff claimed the whole management, te [...]i [...]g [...]hose that opposed him, the [...] were only Wit [...]esses, and if they did not like it they [...]ight go about their Business.
Your Petitioners therefore humbly pray, That the Premises may be co [...]sidered, and that either those Persons that were set by themselves may be examined by this House, or otherwise the whole Poll, wherein your Petitioners have the majority of Voices, that so they may not be deb [...]red of their Rig [...]ts and Priviledges.
- Leonard Lewis,
- Abrah. Gouverneur.
- S [...]uell St [...]a [...]s,
- J. D. Peyster,
To the Honourable House of Representatives met and convened in General Assembly at New-York.
The Humble Petition of Ebenezer Willson, Esq High-Sheriff of the City and County of New-York.
THat upon Complaint made to the honour House of an Illegal Return, made by the Petitioner, of his Majesties Writ, to him [...]i [...]e [...]ted for the [...] of four Representatives to serve in General Assembly for the City and County of New-York, The Petitioner was ordered by the House to answer the said Com [...]laint, and also to attend the House, To which he hath been Obedient, and hath attended the House with the Witnesses of the said Election, to justifie the Fairness and Legality thereof. And the Petitioner being informed, that the said Complainants have desired further time for th [...]r Reply to the Petitioners Answer,
[Page 5]The Petitioner therefore most humbly prays, That the honourable House will forthwith examine the Petitioner, and such Evidences as he sha [...]l produce to justifie the fairness of the said Election and Return, because he hath other Service of his Majesties to attend and execute; and also, that several of his Witnesses are designed out of Town, and their being detained here will be of great detriment to them And also, that he be discharged from the said Vexatio [...]s Complaint. And your Petitioner shall pray, &c.
To the Honourable House of Representatives for the Province of New-York, Conven'd in General Assembly.
WE whose Names are here under-written being Free-holders of the City of New-York, and Witnesses of the due Election of four Representatives chosen for the s [...]id City, pursuant to his Majesties Writ to the Sheriff of the said City and County directed, do give the honourable House the following Information,
That on the 16th day of this instant Moneth of May, the Poll of the said Election was closed by consent of the Candidates of both Parties, and the Sheriff adjourned till four of the Clock in the afternoon, to scrutiny the Poll, upon which [...] eight that had polled for the Representatives returned, were excepted against, and it being then ten of the Clock at Night, were ordered to appear to answer the Exceptions at six of the Clock the next morning, by producing Evidences of their being Free-men or Free-holders, and accordingly Twenty Eight of the said Forty Eight attended, who did produce to us sufficient Evidence that they were Free-men and Free-holders. Whereupon we proceeded immediately upon the Scrutiny of those who had voted for Sam [...]ell Staats, Leonard Lewis, Johannes d' Peyster and Abraham Gouverneur, and upon Examination thereof did except against Eighty Eight Persons that we did believe nor qu [...]lified to vote, as the Law directs. And about twelve of the Clock on Tuesday the 17th Instant, we gave Notice, That the said Person so excepted against might appear and show cause, if any they had, why their Votes ought to be allowed. Upon which we adjourned ti [...]l three a Clock in the afternoon; at which hour we accordingly met, and waited ti [...]l near six a clock at night, and only one Person, so excepted against, came to assert his Right of Vote; and upon examination we were of Opinion, he had none, and therefore was not a [...]lowed. Upon which, the Witnesses that were for the said Sam [...]ell Staatt, &c. did declare they had Eighty Person [...] there ready to produce their Evidence▪ of their Right to Vote, which were excepted against upon the Scrutiny, as not qualified, but if we would not admit the Person that appeared, to pass the Scrutiny, and allow [...] his Right, they would not [...] any of the rest. We offered several Arguments to [...]e [...]swade the said Witnesses to admit the said Persons, so excepted against, to appear upon the Scrutiny, and produce their Right of Free-men and Free-holders; but they po [...]itively refused it. Whereupon we examined the Poll Roll, and found that there were Fi [...]ty Seven Votes more for the Persons returned by the Sheriff, to serve as Representatives for this City, &c. than were for the other Candidates. Upon which J [...]n Hatchins Esq one of the said Witnesses, prayed the Sheriff to allow them longer time, which we, granted for three hours, or there-abouts; and the said Hutchins used Argument to perswade the Witnesses for the said Staats, &c. to bring the Persons that were objected against, upon the Scrutiny, to produce Evidence of their being Free-men or Free-holders, &c. which they positively denyed. Whereupon he told them, It was a brea [...]h of the Trust reposed in them, and that if they did not, he was obliged to sign the Indentures, for the Election was fair; and accordingly the said Indentures were filled up and sealed. And afterwards, we offered to the said Witnesses for Dr Staats, &c. That if they would bring the Persons, we had objected against, upon the Scrutiny, and let them produce evidence that they were Free-men or Free-holders, &c. we would fit [Page 6] up all Night, and tear those Indentures, notwithstanding they were already filled up and sealed, and wanted nothing but signing; which they utterly refined. Upon which we signed the same, and do believe, in so doing we have acted according to Law. And the Truth of this Information we are ready to testifie upon Oath
- Brandt Schuyler,
- John Hutchins,
- Jeremiah Tothell,
- Will. Morris,
- Derick Vander Burgh,
- M. Clarkson,
- James Spencer.
THen appeared before us Fredrick Phillips, Esq Nicholas Bayard and Gabril Minveil, Esqrs of the Council for the Province of New-York, Capt. Brandt Schuyler, Capt. John Hutchins, Capt. Jeremiah Tothill, Capt William Morris, Mr. Derick Vander Burgh, Mr. Matthew Clarkson, and Mr. James Spencer, who being Sworn upon the holy Evangelist, declared, That the matters contained in the above-written information were all True. Sworn before Ʋs,
- Fredrick Phillips,
- G. Minveille,
- N. Bayard.
To the Honourable House of Representatives convened in General Assembly for the Province of New-York.
The Humble Petition of Reolof Schenk, Nicholas Stillwell and Gerrit Stoohoff, in behalf of themselves and of several other Free-holders of Kings County on Nassaw-Island.
THat Your Honours Petitioners being Informed, that the Sheriff of the said County had returned the Names of Gerrardus Beekman and Meyndert Coerten as Representatives for the said County to sit in General Assembly, which Persons have been attainted and convicted of High-Treason, and for which Crimes they have never, as yet, produced their Pardon, by which means they are rendered unable to sit in General Assembly, being against the known Laws of England, for any Person attainted and convicted of such Notorious Crimes to sit in Parliament, or in any Assembly that hath the Power to assist in the Legislative Power, until the same be either pardoned under the broad Seal of England, and the same made matter of Record in the Court or Province where the said Attainder or Conviction was made, or that the said Attainder be reversed by Act of Parliament. Therefore your Honours Petitioners humbly pray,
That the honourable House would take the same into their serious Consideration, & cause to purge their House of such unfit Representatives, according to the Customs and Laws of England, and thereupon order their Speaker to issue his Warrant to the Clerk of the Crown for a Writ for a new Election, that other Free-holders of untainted Reputations may serve in their Room, & your Petitioners, in Duty bound, shall ever pray,
- Roelof Schenk,
- Nicholas Stillweli,
- Gerret Steothoff.
The Honourable House of Representatives conve [...] in General Assembly for the Province of New-York.
The Answer of Gerrard Beekman and Meyndert C [...]erten, upon the Petition exhibited against them by Roelo [...]t Schenk▪ &c. relating to their Qualifications for being Members of this House, as Representatives for Kings County on Nassaw-Island.
YOur Respondants humbly Offer, That their most Excellent Majes [...]ies William and Mary, by the Grace of God, King and Queen over England, &c. did by their Royal Letters Patents under their Great Seal of England, bea [...]ing date at Westminster the Twentieth day of February, in the Fifth year of their Reign, absolutely Pardon and Discharge your Respondants of the Crimes they are charged with in the said P [...]tition, a Copy of which said Royal Grant, attested unto by the Mayor and Two Notary Pulbicks [...]f the Port and Town of Dover, in the Kingdom of England they are ready to produce, together with an Evidence that was personally present at the Comparing of that Copy with the [...]ginal: And that this Copy i [...] sufficient to prove the Veracity thereof, e [...]dently [...] the late Governour caused the same to [...]e Printed in this Province, [...] can pretend any ignorance of the passing of said Letters Patents.
And your Respondants [...] say, That some persons Condemned with them for the said pretended [...]rimes, even the chief of them, were ju [...]tified in that matter for which they were condemned, as by an Act of Parliament made in the sixth and seve [...]h year of the Reign of our Sovereign Lord VVilliam, now King of England, &c. doth and may appear.
Your Respond [...]nts theref [...]re humbly Pray, That the said Petition may be by this House r [...]je [...]ted, and your Respondants continued in that Service they were by their County elected unto.
- Gerrard Beekman,
- Meyndert Koerten.
To the Honourable House of Representatives for the Province of New-York, now met and convened. The humble Petition of Content Titus, Jonas Wood, William Lawrence, Hop [...] [...]rpenter, and John Coe.
THat whereas your Petitioners, together with the rest of the Free-holders of Queens County, on the Island of Nassaw, were by his Majesties Writ to the Sheriff of said County directed, summoned to appear at the Town of Jamaica in said [...]ounty, at the publick Meeting place of said Town on the tenth of this Instant Month of May, t [...]en & the [...]e to chuse Persons Representatives to sit in General Assembly. In order thereunto we▪ your Petitioners with the rest of the Free-holders met, and thought fit since there had heretofore been many Irregularities perpetrated in the Elections▪ to Appoint four men to go and Advise with the Sheriff, what measures [...], it be most properly taken for th [...] obtaining a Regular Election, which was accordingly done; and said Persons so appointed Moved to said Sheriff, that they might chuse their Representative, by wri [...]ing the Names of the Persons to be ch [...]sen, on P [...]pers, and to have two men of each Town, who should be Chosen by the Inhabitants of said Town, which [Page 8] [...]ersons should search over said Papers, as also enquire into the sufficiency of the [...] voting, by which means there might be a regular Election, and a just R [...]turn [...]. To which Reasonable Propositions the said Sheriff Answered, That it was his [...] to appoint men for making said search; and as for the c [...]ing by Papers, it was contrary to my Lords Order. Upon which the said Sheriff did appoint ten men, two of a Town to enquire into the abovesaid affair; of which Number your Petitioners were. After which the Sheriff read his Writ, and immediately the Inhabitants drew off to the East, crying out, Jackson and Coe, and others Coe Only; which brought all into a confusion: Upon which there was a Regular Pole desired, and denyed by the Sheriff. Whereupon a great Number of the Inhabitants absented themselves from said place, and drew up a protest against their Irregular Proceedings; which said protest was sent and delivered unto said Sheriff; who afterwards Acted in said fair according as he himself thought fit, Notwithstanding said Protest. All which, we your Pe [...]itioners, in the behalf of our selves and others his Majesties faithful Subjects, commit to your Honours serious Consideration, humbly De [...]iring that there may be such measures taken for Redressing said Agrievance as your Honours in your great Wisdom shall see meet and convenient. And your Honours Petitioners shall ever be in all Duty bound to pray.
- Hope Carpenter,
- John Coe.
- Content Titus,
- The mark of I Jonas Wood,
- William Lawrence,
Province New-York, sc. To the Honourable House of Representatives convened in General Assembly, The humble Answer of John Harrison, High-Sheriff of Queens County.
YOur Honours Answerer humbly conceives, That for any thing that is contained in the Clamorous Suggestions of the Petitioners, he cannot be obliged to answer, But in humbl [...] Obedience unto your Honours Summons, he presumes to lay before your Honours, That he could not be obliged by Law or Custom to gratifie the Unlawful Requests of the Petitioners, by taking the Names of the Persons to be chosen, by writing the Names on Paper, being commanded by his Majesties Writ to return the Persons chosen Representatives by the majority of Voices, which Rule I followed, and am informed, is the only method that is practised in England, and in all his Majesties Plantations that are immediately under the Government of the Crown; so that I am the first Sheriff that ever was complained of for following the Precep [...] of my Writ.
The next thing suggested by the Petitioners, That they desired a regular Poll, which I denyed. They no sooner desired a Poll, but I yeilded to it, as the Witnesses returned with the Writ, can testifie. And by the Poll there was Two Hundred Eighty Three Electors for Capt. Jackson, Two hundred and eighty for Capt. Whitehead, and only Two hundred and fifteen for John Coe; so that according to the Tenor of his Majesties Writ to me directed, I returned Capt. Jackson and Capt. Whitehead, as being elected by the majority of Voices of the Free-holders of my Baylwick, as will appear by the Oaths of Capt Moor, Capt. Holler, Judge Hicks, John Tredwell, Justice White, Isaac Doughty, Nathaniel Pearsall, Jonathan Smith, William Fowler, who are now attending to justifie the same.
Therefore your Honours Answerer prays, That he may be discharged from this Clamorous and Vexatious Suggestions of the Petitioners, with a reasonable allow [...]nce for his and his Witnesses Charges, which is submitted by
[Page 9]Uent. Coll. Thomas Hicks, Capt. Samuell Moor, Capt. William Hallet, John Tred [...]ell, Edward White, Isaac Doughty, Nath. Pears [...]l, Jonathan Smit [...] and VVill. Fowler being duly Sworn upon the holy Evangelists, do depose and Declare, That at the last E [...]ection of Representatives for Queens County on Nassaw-Island, the 10th Instant, they were chosen by the Sheriff of the County to be Witnesses for the Election of Representatives, and do declare, That at said Election several Persons were put up by the Free-holders then present. Whereupon a Poll was desired by some of the Parties, which th [...] Sheriff willingly did agree unto; and the said Poll being duely taken in the presence of said Witnesses, upon the closure it appeared that Major John Jackson and Capt. Daniel Whitehead were by the majority of the Voices of said Free-holders elected to be the Representatives for said County.
- Tho. Hicks,
- Isaac Daughty,
- Nathaniel Pearsal,
- Samuell Moor,
- William Hallet,
- John Tredwell,
- Edward White,
- Jonathan Smith,
- William Fowler.
SWorn before me by Thomas Hicks, Samuell Moor, VVilliam Hallet, John Tredwell, Edward VVhite, Isaac Daughty, Jonathan Smith and VVilliam Fowler. And Nath. Pearsall declared in the Presence of God to the Truth of the above Deposition, upon the Penalty of Perjury.
To his Excellency Richard Earl of Bellomont, Capt. General and Governour in Chief of his Majesties Province of New-York, & the Territories depending thereon in America, &c.
The Humble Complaint of Josiah Hunt, Henry Fowler and John Shute, in behalf of the selves, and others, Free-holders of the County of Westchester, in his Majesties Province aforesaid.
THat whereas your Excellency has been pleased by your Proclamation to declare That his Majesties good Subjects of this Province of New-York should have a Free [...] of sit Persons to represent them in General Assembly, according to the Rights and Priviledges of the English Nation, (For which we give your Excellency our most h [...]ble and hearty Thanks) yet contrary to your Excellencys said Proclamation, Mr. Benjamin Collier, High-Sheriff of the County of Westchester (When the Free-holders of the said County were met at the Town of VVestchester to make choice of two Persons to represent the said County being the fifth of this Instant (Month of May, 1698. did admit sundry Persons that were not Free-holders, or duely qualified by Law, to vote at the said Election, as your Excellency's Complainants suppose, they refusing to give us satisfaction that they had Free-holdes to qualifie them, although requested by [...]s to do so) Who contrary to the Rights and Priviledges of his Majesties [...]ubjects used many A [...]ificies to disturb and hinder the order and freedom of their choice, whereby they were put into Confusion, not knowing how to proceed. And while they endeavoured to put themselves [...] [...]e [...]hod the said Sheriff, before they had sufficient time to deliver the votes of all such as were qualified to give them, closed the Election [...] the [...] [...]he time limitted by Law, whereby above fifty of the Free-holders were [...] giving in their Votes, contrary to the Freedom of such Elections, and [...] Right [...] and Priviledges of his Majesties Subjects. Whereupon your Complainants [...] Publick [...]ly against such Illegal Proceedings at the time and place of Election, [...] against the Choice of Mr. John Drake and Mr. Joseph Purdy, [...] to be duely Elected, as not chosen according to Law. And know [...] [...] Proceedings are contrary to the Inclinations of our most gracious [Page 10] [...]overaign Lord, King VVilliam, and also of your Excellency, we humbly present this ou [...] Complaint, Imploring your Excellencies Direction how to Proceed for Redress of so great a Grievance.
- Josiah Hunt,
- John Shute,
- Henry Fowler.
THE Consideration of the within Petition is referred to the Gentlemen of the Assembly. May the 18th, 1698.
To the Honourable House of Representatives for the Province of New-York, Convened in General Assembly.
The Answer of Benjamin Coll [...]er, Esq High-Sheriff of the County of Westchester, to the Ʋnjust and Vexations Complaint of Josiah Hunt, Henry Fowler and John Shute, &c.
IN Obedience to his Majesties Writ to me directed, for the Election of two Representatives to serve for the said County in General Assembly, I gave publick Notice, according to usual Method, That on the fifth Day of May last, was the time appointed by me for the said Election▪ and accordingly at the place appointed the Free-holders appeared, and after I had published his Majesties Writ at the time appointed, I desired them to proceed in their Choice. Whereupon Capt. John Drake and Mr. Joseph Pur [...]y, Substantial Freeholders of the said County, were named as Candidates, and no other Person whatsoever was put up, so that the Election was Nimine Contradicente. 'Tis true, some of the Free-holders of said County cryed out, VVe protest against the Election, but offered no Reason why, neither, as is already said, did they name any other Candidate, neither were they a third part of the Free-holders there met together to make the said Election; so that in my humble Opinion the Representatives returned by me to serve in G [...]neral Assembly, were fairly and duely elected, and accordingly the Witnesses appointed to see that the Election was fair, signed the Indentures.
And whereas the said Complainants have declared, That several Persons that voted for the said Representatives returned, were not Free-holders of the said County; which is a Columnious Assertion, as will appear by the Names of the Free-holders that made the said Election. That any Artifices were used to disturb and hinder the Freedom of the Choice, is wholly erronious And the time appointed for the said Election was at ten of the Clock in the Fore-noon of the said 5th day of May, at which hour the Free-holders of the said County met upon the Green (the place appointed) and elected the said Persons returned; and that there might be no dispute for want of time, it was about 4 or 5 a Clock in the after-noon before the Indentures of the said Return were signed. So that that Assertion of the said Josiah H [...]nt, &c. in their Petition alledged, is nothing but Vexatious. So that I am humbly of Opinion, I have made a due Return of his Majesties Writ, and acted nothing in the said Election but what is according to Law. And that I, with the Witnesses of the said Election, are ready to testifie the Truth of this Answer upon Oath. Therefore I humbly desire the honourable House, That I may [...]e dismist from the said Contumelious and Vexatious Complaint.
Printed and Sold by William Bradford, Printer to the Kings most Excellent Majesty, in the City of New-York, 1698.