A Commiffion of his late Majesty King GEORGE the Second to Sir DANVERS OSBORN, Baronet, to be Captain-General and Governour in Chief in and over the Province of NEW YORK in AMERICA, in the Year 1754.

GEORGE the SECOND, by the Grace of God, of Great Britain,
France, and Ireland, King, Defender of the Faith, and fo forth;
To our trusty and well-beloved Sir Danvers Ofborn, Baronet,
Greeting:

WH

HEREAS we did by our letters patent under our great feal of Great Britain, bearing date at Westminster the third day of July in the fifteenth year of our reign, conftitute and appoint the honourable George Clinton, Efq; captain-general and governour in chief in and over our province of New York and the territories depending thereon in America for and during our Will and Pleasure, as by the faid recited letters patent (relation being thereunto had) Revocation of may more fully and at large appear: Now know you that we have the patent of revoked and determined, and by these presents do revoke and determine, the faid recited letters patent and every claufe, article, and thing therein contained.

the last go

vernour.

Appointment of the new go

vernour.

And further know you that we, repofing especial trust and confidence in the prudence, courage, and loyalty of you, the faid Sir Danvers Ofborn, of our efpecial grace, certain knowledge, and meer motion, have thought fit to conftitute and appoint you, the faid Sir Danvers Ofborn, to be our captain-general and governour in chief in and over our province of New York and the territories depending thereon in America: and we do hereby require and command you to do and execute all things in due manner that fhall belong unto your faid command and the truft we have repofed in you, according to the feveral powers and directions granted or appointed you by this prefent commiffion and inftructions herewith given you,

or

or by fuch further powers*, inftructions, and authorities, as fhall at any time bereafter be granted or appointed you under our Signet and Sign manual, or by our order in our privy council, and according to fuch reasonable laws and ftatutes as now are in force or hereafter shall be made and agreed upon by you, with the advice and consent of our council and the affembly of our faid province under your government, in fuch manner and form as is herein after expreffed.

taken by the

stat. I

stantiation,

ftat, 25 Car. II.

And our will and pleasure is, that you the faid Sir Danvers Ofborn, Oaths to be after the publication of these our letters patent, do in the first place governour. take the oaths appointed to be taken by an act passed in the first Thofe appointed year of our late royal father's reign, intituled, " An act for the fur-by ther fecurity of his majesty's perfon and government, and the fucceffion co. I. of the crown in the heirs of the late princess Sophia, being protestants, and for extinguishing the hopes of the pretended prince of Wales and his open and fecret abettors;" as alfo that you make and fubfcribe The declaration the declaration mentioned in an act of parliament made in the twenty- against tranfubfifth year of the reign of king Charles the Second, intituled, "An act mentioned in for preventing dangers which may happen from popish recufants: and likewife that you take the ufual, oath for the due execution of Oath of office. the office and truft of our captain-general and governour in chief in and over our faid province of New York and the territories depending thereon, for the due and impartial adminiftration of justice; and further that you take the oath required to be taken by go- oath concernvernours of plantations to do their utmoft that the feveral laws re- ing the law of lating to trade and the plantations be obferved: which faid oaths and declaration our council in our faid province, or any three of the members thereof, have hereby full power and authority, and are required, to tender and adminifter unto you, and in your abfence to our lieutenant-governour, if there be any upon the place; all which being duly performed you fhall adminifter unto each of Oaths to be the members of our faid council, as alfo to our lieutenant-governour, members of the if there be any upon the place, the oaths mentioned in the faid act, Thofe appointed intituled, "An act for the further fecurity of his Majefty's perfon and by itat. 1. Geo. government, and the fucceffion of the crown in the heirs of the late princefs Sophia, being proteftants, and for extinguishing the hopes of the pretended prince of Wales and his open and fecret abettors" as alfo

* Quere, Whether fuch powers would be legally delegated by an inftrument under the king's fignet and fign manual.

trade.

taken by the

council.

Hh

-to

above-mention

Declaration to cause them to make and fubfcribe the afore-mentioned declaration, and to adminifter to them the oath for the due execution of Oath of office. their places and trusts.

ed.

Power of fufpending the

council.

And we do hereby give and grant unto you full power and authoPhembers of the rity to fufpend any of the members of our faid council from fitting, voting, or affifting therein, if you fhall find juft caufe for fo doing; and, if there fhall be any lieutenant-governour, him likewife to fufpend from the execution of his command, and to appoint another in his ftead until our pleasure be known. And if it fhall at any time happen that by the death, departure out of our faid province, or fufpenfion of any of our faid councillors, or otherwife, there fhall be a vacancy in our faid council (any three whereof we do hereby appoint to be a quorum) our will and pleasure is, that you fignify the fame unto us by the first opportunity, that we may under our fignet and fign manual conftitute and appoint others in their stead. Powerton. But, that our affairs may not fuffer at that diftance for want of a cillors till the due number of councillors, if ever it fhould happen that there be lefs than seven of them refiding in our faid province, we do hereby give and grant unto you, the faid Sir Danvers Ofborn, full power and authority to chufe as many perfons out of the principal freeholders, inhabitants thereof, as will make up the full number of our faid council to be seven, and no more; which perfons so chofen and appointed by you shall be to all intents and purpofes councillors in our faid province, until either they fhall be confirmed by us, or that, by the nomination of others by us under our fign manual and fignet, our faid council shall have feven or more persons in it.

ap

point new coun

number of the members is

feven.

Power with the confent of the

an aflembly.

And we do hereby give and grant unto you full power and authoCouncil, to cal rity, with the advice and confent of our faid council, from time to time as need fhall require, to fummon and call general affemblies of the faid freeholders and planters within your government according to the ufage of our province of New York. And our will and pleasure is, that the perfons thereupon duly elected by the major part of the freeholders of the refpective counties and places and fo returned, shall, before their fitting, take the oaths mentioned in the faid act intituled, " An act for the further fecurity of his Majesty's perfon and government, and the fucceffion of the crown in the heirs of the late princess Sophia, being proteftants, and for extinguishing the hopes of the pretended prince of Wales and his open and fecret abettors;" as

Oaths to be taken by the members thereof.

alfo

afore-mention

also make and fubfcribe the afore-mentioned declaration (which oaths The declaration and declaration you fhall commiffionate fit perfons under our feal ed is to be fubof New York to tender and adminifter unto them): and until the fcribed by them. fame shall be so taken and subscribed, no perfon fhall be capable of fitting, though elected.

members fo

And we do hereby declare that the perfons fo elected and quali- Name of the fied fhall be called and deemed The general affembly of that our pro- elected and quavince and the territories depending thereon.

lified.

And you, the faid Sir Danvers Ofborn, by and with the confent Power to make of our faid council and affembly, or the major part of them refpec- laws; tively, fhall have full power and authority to make, constitute, and ordain, laws, ftatutes, and ordinances for the public peace, welfare, and good government of our faid province, and of the people and inhabitants thereof, and fuch others as fhall refort thereto, and for the benefit of us, our heirs, and fucceffors; which faid laws, fta- which fhall not tutes, and ordinances are not to be repugnant, but, as near as may the laws of be, agreeable to the laws and statutes of this our kingdom of Great Great Britain. be repugnant to

Britain.

made shall be

Provided that all fuch laws, ftatutes, and ordinances, of what The laws fo nature or duration foever, be, within three months or fooner after tranfmitted to the making thereof, tranfmitted unto us under our feal of New three months. York for our approbation or difallowance of the fame; as alfo dupliEngland within cates thereof by the next conveyance.

any time after

fhall thence

void.

And in cafe any or all of the faid laws, ftatutes, and ordinances, If they are at being not before confirmed by us, fhall at any time be difallowed difallowed by and not approved, and fo fignified by us, our heirs, or fucceffors, the king, they under our, or their, fign manual and fignet, or by order of our, or forth become their, privy council unto you, the faid Sir Danvers Ofborn, or to the commander in chief of our faid province for the time being; then fuch and fo many of the faid laws, ftatutes, and ordinances as fhall be fo difallowed and not approved, fhall from thenceforth cease, determine, and become utterly void and of none effect; any thing to the contrary thereof notwithstanding.

And, to the end that nothing may be paffed or done by our The governour faid council or affembly to the prejudice of us, our heirs, or fuc- fhall have a ne

Hh 2

ceffors,

gative voice a

gainst both Council and affembly.

Power of ad

journing, pro

Loguing and diffolving the

aflembly.

Power to keep

and ufe the public feal.

Power to admi

nifter, or to au

the province

ceffors, we will and ordain that you, the faid Sir Danvers Ofborn, fhall have and enjoy a negative voice in the making and paffing of all laws, ftatutes, and ordinances as aforefaid: and you fhall and may likewife from time to time, as you shall judge it neceffary, adjourn, prorogue, and diffolve all general affemblies as aforefaid.

And our further will and pleasure is, that you shall and may use and keep the public feal of our faid province of New York for fealing all things whatsoever that pafs the great feal of our faid province under your government.

And we do further give and grant unto you; the faid Sir Danvers thorize others to Ofborn, full power and authority from time to time and at any adminifter, to time hereafter, by yourself, or by any other to be authorized by you in that behalf, to adminifter and give the afore-mentioned oaths to pointed by itat. all and every fuch person and perfons as you fhall think fit, who shall at any time or times pafs into our faid province or shall be refident or abiding there.

the oaths ap

1 Geo. I.

Power, with the confent of the

ture,

A

And we do further by these prefents give and grant unto you, the council, to erect faid Sir Danvers Ofborn, full power and authority, with the advice courts of judica- and confent of our faid council, to erect, conftitute, and establish fuch and fo many courts of judicature and public justice within our faid province under your government, as you and they shall think fit and neceffary for the hearing and determining of all caufes, as well criminal as civil, according to law and equity, and for award-' ing execution thereupon, with all reasonable and neceffary powers, and to commif- authorities, fees, and privileges belonging thereunto: as alfo to apfons to adminif- point and commiffionate fit perfons in the feveral parts of your goter the oaths ap-vernment to adminifter the oaths mentioned in the aforefaid act, inpointed by flat. Geo. I. and tituled, " An act for the further fecurity of his Majesty's perfon and goagainst tranfub- vernment, and the fucceffion of the crown in the heirs of the late princess perfons beleng- Sophia, being proteftants, and for extinguishing the hopes of the pretended prince of Wales and his open and fecret abettors;" as alfo to tender and adminifter the aforefaid declaration, unto fuch perfons belonging to the faid courts as shall be obliged to take the fame.

fionate fit per

the declaration

ftantiation, to

ing to fuch

courts.

Power to appoint judges,

And we do hereby authorize and impower you to constitute and commiffioners appoint judges, and in cafes requifite commiffioners of Oyer and Termiter, jui Terminer, justices of the peace, and other neceffary officers and

of Oyer and

minifters