MS46.02: William Blathwayt Papers
John Usher Letter dated September 1698

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An Acott of Severall Observations, made in the Month of Septt, 1698.
on severall Govermtts , from New England, to Philadelphia, vizt .

The Govermtt of Province Massachusetts Bay: The Governor , Ltt Governor , & secretary, apointed
by the King, the Councill chosen by the Assembly, the Governr haveing the power to
Negative any; the Councillors every year, voateing att the Election, by itt Keep one
another in; & by it judged by some not a choice of the Country; because not made
choice of by the Representatives onely, as to choice of officers, the Kings Prerogative
parted wth , the officers being chosen (by paper voates) by the Councill, and will not
permitt the Lt Governr to have the nomination, & in the truth the Kings
Prerogative in a manr given totally away; for to live att peace & Quietness;
As to Roade Island & Connecticutt Govermtts ; the Governrs & Assistants, annually chosen
by ye people, by virtue of a Charter, As to Trade, open & free, noe duty of Impost,
and noe burthen on them, as to defence of the Country from the ffrench and
Indians by Land soe the Burthen of secureing his Majty Plantations in these parts
doe lay upon New England, & N. Yorke Govermtt , & ye Actts are violated by Charter
Govermtts

Query, Whether by the Actt relateing to Plantations, doe not oblidge those whoe are by
Charter (Chosen Governr ) to have the Kings Approbation, before enter on ye Govermtt
as well as those whoe are proprietors to have the Kings Approbation, of such they
shall apoint, if Charter Govermtts , who have Liberty of Chooseing their Governor,
be by the Actt, to have the King & Councills Approbation of the Governr before
Entrance on the Same, as those whoe are proprietors of Govermtts , as that of Pencilvania
& the Jerseys then Connecticott, & Roade Island Govermtts must have the aprobation
before the Governr can enter on ye Govermtt , consequently the Choice being Annuall
ye Approbation must be Annuall as I humbly conceive, & if soe, then Connecticott &
Roade Island will soone be weary of the Govermtt and desier to be under the Kings
immediate Govermtt , as New Yorke & Massachusetts Province, which I wish & hope
for, and then believe all those parts will be more immediate depending on the
Crown of England, and will flourish: a Lettr to know by what Authority
a Governr doth Exercise his power in Govermtt , before first allowed of by the King, will
Effect the end, which hope will speedily be sent,

The Govermtt of New Yorke least said soone amended a [illegible][nols] me Tangere, doubtless
wrong steps have been taken on all sides, as to the Dutch a Borish sorte
of people, & if oppertunity presents, would sacrifice the English, would through
[off] the Crown of England & goe over to the Dutch, on the other hand my Lord
who Represents the King is ill treated, by being run downe, and haveing slights &
affronts put upon him, I would not undergoe the fategue as he doth for all ye
Province New Yorke, am sure if the Roman Catholicks have a place of purgatory
its not soe bad as the place is, under my Lords circumstances, as to the discentions
shall not meddle wth but leave to better hands for Information

The Govermtts of East & Westt Jerseys every pr son speaking well of Coll Hambleton,
Late Governor & his Lady; as to Coll [Bass] they refuse him as Governor because
have not the King and Councills Approbation, soe noe Courts held, and Justices
dare not Actt soe all in a confusion, there all trade is free & open pays noe dutys
but its a great Damage to New Yorke Govermtt , people goeing with their vessels
to Amboye &c, their Land their Goods, then Run them into New York Govermtt by
which the King is deprived of his dutys, as to the places as much Exposed to the
danger of the french & Indians by Land as New Yorke & N: England, yet pay
nothing for defence and secureity of the Country in proportion wth New York &
New England

verte

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The Govermtt of Pensilvania, as to Philadelphia, abundance of fine brick buildings
but in truth its a monster the head too big for the body; & believe in few
years will prove soe, there is a fine Citty; but the place is settled by farms &
not by Townes, consequently people not sufficient to Continue a Trade for
the Citty; that being over populated,

The Govermtt in the Quakers hands, they are Civill & Curtious, the Law & Rule
they goe by is the lightt or as may say reason within them, shall give a hint
what I mett wth , One John Adams had a vessell ceized by the Kings officer wth itts
Goods, for Breach Actts of Trade, and to be prosecuted at a court of admiralty,
one Coll Quarre an honnest true Loyall Gentm , Judge of the Courtt, the
Goods Ceized, was Replevin'd by a warrantt from a justice of peace, Adams wth
secureity gave bonds to prosecute the replevin being 300£ bond; ye secureity
wth Adams desiers to be released And have the bond up, the Sheriff tells Adams
if he will give 20 [per cent 8/8] he would release that secureity, & take any other
for secureity was only for for me sake, the which was done, being discoursed
about Towne the principall (meaning Adams) may be gone and ye secureity
worth nothing, the Sherriff arests for better secureity, to have the Goods in
speciee forth comeing, Markham the Lt Governr, finding Coll Quarre concerned
at ye illegall proceedings, he issues out a warrant to the Sheriff to ceize ye
body of John Adams, for violently takeing Goods from the Kings officers
under Ceizure; & him safely keep in Custody untill he should appear & make
his answer before himselfe in Councill, sd Adams was ceized run into Goale
kept a prisioner without any hearing (being taken up in the streets) & was
there kept a prisioner in a stinking place from Thursday to Monday wth out
Baile or Main prize, though offered six able men for secureity, or the
Mony to lay down for secureity; and had remained a Prisioner had itt
not been for my Condemning the Action, imprisioning a pr son for violentt
ceizeing of goods and takeing them from the Kings officer when the Sherriff,
whoe was the Kings officer, did Replevin them, is only Quaker Govermmtt Doctrine,
Discoursed upon the Accott Replevin, [Ans]: by the judges, they were English men,
were for Liberty of the Subject, & magna Charta says noe bodys estate shall
be taken away, but by a Jury. As for a Court of Admiralty, judges the subject
is debarr'd of his birthright, & therefore ought to be tryed in their courts

I had a concern of a vessell which intended to prosecute in their courts, the
Quaker Judges, being free and friendly wth me, did honnestly tell me, though
my cause may be Just and Rightt, & the judges laying the Case open
plainly before the Jury, yet if they did Apprehend my Antagonistt to be
an honnest man, & had suffered much, though my case was never soe just
they would give it against me, for the notion of Law grounded on reason
& they though never soe ignorant judge themselves Enlightened wth reason,
soe all Law is to be According to their shallow capacity; by which neither
King nor subject must expect the bennefitt of the Law, while the Govermtt
is in the Quakers hands

The Trade is free and open to all comers and goers noe defence by Sea or Land,
for preseravtion of the Kings Subjects and Acts of Trade

To winde up the tedious foregoeing lines in short vizt .

That it may be for his Majtys service, to have Pensilvania the two Jersys &
New Yorke, annexed into one Govermtt , which will better secure the Acts
of trade & the Plantations from the Incrusions of french & Indians, by Sea
& Land, & make the Charge of the Govermtt wth more bore wth more ease
being all one mans Children, & the Secureity of New Yorke & Albany is the
p3 secureity, of the Jerseys & Pensilvania, all reason in the world they should
doe their parts, for New Yorke begin to Grumble, shall we pay dutys
of Impostt & Excise when our Neighbours Pencilvania & Jersys doe not -
noe we will lay it downe, the consequence then will leave to you
Itt may be for his Majtys service to have Province Massachusetts Bay,
Province New Hampshire, Roade Island & Connecticott, all in one Govermtt
then New England will be able to secure themselves from ye Incrutions
of french & Indians, & the Acts of trade more carefully inspected into
& preserved, & the charge bore equally by his Majestys subjects

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Observations of
Mr . Usher