its legislative supremacy in all cases relative to life, liberty and property, except in the matter of taxations for general aids, or for the immediate support of the American government. A dignified government like this, it was supposed, would produce unspeakable advantages by making the colonies better known, and that it would correct the many disorders that had crept into some of the colonial constitutions, dangerous in some instances to the colonists themselves and their British creditors, and derogative of the first rights, and many of the prerogatives of the crown most friendly to peace and good order.

The minister, G Grenville, approved of the plan, but never brought it forward in parliament; and thus things remained, until Great Britain, in 1775, determined to tax the colonies without their consent. Mr. Smith deeply deplored the contentions that afterwards took place, and long before the civil war broke out, exerted every means in his power to avert it.

General Tryon, the governor of New-York, finding it no longer safe to remain in the city, embarked on board the Dutchess of Gordon, signifying to the council that he would not meet them again in public business; leaving each member at liberty to retire where he pleased. Mr. Smith then repaired to his country seat at Haverstraw, about forty miles from New-York. He was not long there before he was summoned, 3d June, 1777, to attend the council of safety at Kingston, and being introduced before them, he was asked whether he considered himself a subject of the Independent States of America? to which he replied, that he did not conceive himself discharged from his oaths of fidelity to the crown

of Great Britain; upon which an order was immediately made by the board, of the 7th of June, ordering him to be confined, within the manor of Livingston, where he remained until he was sent into New-York, by a flag, under the superintendance of Colonel Burr, by order of General Washington.

Mr. Smith remained at New-York till the evacuation of that city by the king's troops, and went to England with Sir Guy Carleton, the then commander-in-chief. He there remained until he was appointed Chief Justice of Canada, in 1786, and continued to hold that station until he died, on 3d December, 1793. He thus held his office as chief justice for seven years, managing the court and all proceedings in it, with singular justice. It was observed by the whole country, how much he raised its reputation; and those who held places and offices in it, all declared, not only the impartiality of his justice, but his generosity, his vast diligence, and his great exactness in trials. It was customary before his time, that all prisoners should be brought into court, in the custody of a party of soldiers; he disapproved of this, and established, for the first time, the appointment of constables, ordering them to be provided with their batons of office, which has been continued ever since. He was taken with a shivering fit in court, and it was succeeded by an ardent feyer, which no medical skill could arrest or destroy. A day before his death, he desired one of his children to send round to the clergymen of each communion a declaration to be read in the several churches, of his firm belief in the Divinity

of his Saviour. He was buried on the 4th December, 1793, in the Episcopal church.

As a christian, he was one of the greatest patterns of the time in which he lived; and, in his public employments, either when at the bar or on the bench, was equally distinguished as a model of christian perfection.

Having thus given his history and character, it is necessary to give the relation of what was private and domestic.

William Smith was married to Miss Janet Livingston, daughter of James Livingston, esq of the city of New-York, merchant. This lady was distinguished for her disposition, eminent piety, and excellence of character, She died on the anniversary of her birth-day. in the 90th year of her age. By her he had eleven children, several of whom died young; his daughter Elizabeth, who had obtained the age of seventeen, died at Haverstraw, in 1776, in consequence of the deep interest she took in the public troubles, that then agitated the country.

His eldest son, William, who is still alive, went to England from New-York, was educated at a grammar school, at Kensington, near London, and came to Canada with his father, in 1786. He was soon appointed clerk of the provincial parliament, subsequently a master in chancery, and, in 1814, was appointed by the Earl Bathurst, then his majesty's secretary of state, a member of the executive council. He married Susan, daughter of Admiral Charles Webner, of the county of Hampshire, in England, by whom he had five children. His eldest daughter, Janet, married John Plinderhath, of Glen, in the

county of Peebles, in Scotland, who dying, left her with six children, four sons and two daughters. Three of the sons entered into the army, and were distinguished for their conduct; one at Maida,* and the others at Stoney Creek and Chrysler's farm, in Canada.

Their son John, who was a physician, and served under the Duke of Wellington, in the peninsular war, lost his life in the discharge of his professional duties, was buried at Coimbra, and has a monument erected to his memory in Westminster Abbey.

His second daughter, Mary, married Lieutenant General William Doyle, of Waterford, in Ireland, many years in the staff of that country as a general officer. Both are now dead. They have left two sons and one daughter, who are living.

His third daughter, Harriet, married Jonathan Dewitt, Chief Justice of the province of Lower Canada, by whom she has eleven children, several of whom are honourably settled at Quebec.

*The battle of Maida is one of the most brilliant achievements of the British arms. See Mr. Windham's speech in the House of Commons. Annual Register. 1806.

THE

HISTORY OF NEW-YORK.

PART I.

From the Discovery of the Colony to the Surrender, in 1664.

CHRISTOPHER COLUMBUS, a Genoese, employed by Ferdinand and Isabel, king and queen of Castile, was the first discoverer of America.* He sailed from St. Lucar in August, 1492, and made sight of one of the Bahama islands, on the eleventh of October following. Newfoundland, and the main continent, were discovered five years after, by Sebastian Gabato, a Venetian, in the service of Henry VII. of England, from the thirty-eighth to the sixtyeighth degree of north latitude.

On the tenth of April, 1606, King James I. for planting two colonies, passed the great north and south Virginia patent. To Sir Thomas Gates and others, leave was given to begin a plantation, at any place on the continent, they should think convenient, between the thirty-fourth and forty-first degrees of latitude and all the lands extending fifty miles, on each side, along the coast, one hundred miles into the country, and all the islands within one hundred miles opposite to their plantations, were

* Some authors alledge, that Columbus first offered his services to the republic of Genoa; then to John II. of Portugal, and afterwards to our King, Henry VII.; but this disagrees with Lord Bacon's account, who informs us, that Christopher Columbus sailed before his brother Bartholomew had laid the project before the King, which was owing to his falling into the hands of pirates on his way to England.