|
July 3.
Maryland. |
1210. Governor Seymour to the Council of Trade and Plantations. My last was of Sep. 29. The revising and re-enacting the
Laws [by the Assembly] being now in a competent measure effected,
I have againe carefully inspected and reviewed them, and according
to ye injunction layd on me, offered my sentiments on them, which
with the said Laws and Journals of the Councill and Assembly
of that and two subsequent Sessions, to witt of Dec. and May
last, by H.M.S. Strumbulo, the very first opportunity that had
offered since the departure of the last fleete in July, 1704, I have
transmitted to your Lordships for your perusal, and kind
representation to H.M. By the Journalls of the Councill and
Assembly your Lordships will observe the severall misfortunes
this poore Province hath mett with since my arrivall (to witt)
the publique Court House being burnt with the Councill Records,
and those of Ann Arundell County. The repeated disturbances
our neighbouring Indians have given us by their barbarities on
some of H.M. subjects. And lastly the treachery and villany
of some among us endeavouring to seize this H.M. Government
and joyne with the Indians. These are no common misfortunes,
having allow'd me little ease since my tedious long voyage hither,
and I hope your Lordships will take notice that I have had so
just a regarde of my duty to H.M. not to have omitted the minutest
punctilio which might anywise conduce to prevent or repaire those
mischiefs by the speediest application I was capable; for I thinke
I have thoroughly sifted the matter, so that Richd. Clarke, the
Ringleader, refusing to surrender on Proclamation stands
outlaw'd by Act of Assembly, and severall of his accomplices are
now in the Goale at Annapolis, one of them having received sentence
of Death, being convict of breaking the prison. The rest are to
be tryed at an especial Court of Oyer and Terminer and Goale
Delivery on 28th inst., the proceedings whereof shall be transmitted
to your honble. Boarde. Wee have another greate misfortune
which incencibly hath crept upon us of late years, especially since
ye last warr, the want of good arms and ammunition etc. and
gave birth to the designs of our native incendiarys and our heathen
enemys, and this is not to be presently remedied, it being
impossible to supply these wants under 12 months, unless it be a
little powder we gett from some stragling shipps that run hither
without convoy, and this is but a very poore recruite for so large
and naked a Countrye, besides every one knows arms must be
had from England. Our designing rogues have taken great
care to lett ye Indians know the true circumstances of our
condition, which has sufficiently awakened every honest
considering person amongst us. There is a pritty good summe in
Bancke, and H.M. Councill has advis'd me to write for a considerable
number of all sorts of arms, that each County may have a proportionable share to defend themselves from any suddaine insult;
but unless there be a proper person to looke over these arms and
ammunition twice in a yeare at least, this misfortune will never
have an end, or the Countrye ever be put in a defencible posture,
for the few arms that have been bought in any of my predecessors'
time, are useless for want of care, and most of them embezilled
on the Death of severall Colonells, many Countys hardly any at
all left for want of such a proper Officer, who should take ye
surveigh and securitys that the severall Countys shall keepe
those arms cleane and well fixed agt. any occasion, which will
be a means to secure this stock for the use of themselves and
posterity, only the powder must be changed in two or three years
at farthest, the clymate making it absolutely necessary, wherefore
if your Lordships will represent this to H.M. in Council, I hope
H.M. will direct what his sallary shal be (this countrye being of a
large extent) and order me how to impower him to execute that
Office; for by this method the charge of buying arms every two
or three years will be unnecessary, and therefore may be payd
out of the 3d. per hhd. I must observe the irregularity of our
Provinciall Court, to which all causes of any consequence are
brought, which putts the Country to a very greate charge, when
four intinerant Judges, chosen out of the most knowing and honest,
would doe the Country's business more to their satisfaction, the
honour of our Laws and Constitution, and take off a greate
charge from the poore Countrye, and besides all that, this Rule
would make the prerogative shine brighter in a countrye that has
been govern'd so long by a Proprietor. And inasmuch as the
best of laws are of noe advantage unless duly put in execution
as well by Ministeriall as Judiciall Officers, I hope your Lordships
will thinke it necessary for H.M. service to represent that some
encouragement be given to Mr. Wm. Bladen, a Gentleman here
who has long serv'd the Governmt. in a most exact and faithful
discharge of the several offices he has past through, and now
prosecutes in all pleas and matters for H.M. here, as her AttorneyGenll. It being highly reasonable that H.M. should command
the best services of her subjects, yet it is not to be thought it
should be to their detriment as in his case it really is, being ty'd
up by the duty of his office from large fees usually given by
criminals, and no provision by sallary or otherwise made here for
that Officer, though H.M. has thought fit to make an allowance to
such her officers in the rest of her Plantations, therefore hope she
will be graciouly pleased to direct me to settle such a competent
sallary not exceeding 100l. per annum on the said office, and that
it may be paid either out of the fines and forfeiture, or some other
advantage to H.M. in this Province. Among the Laws are two,
one made in Sept. last to prevent the growth of Popery and the
other in Dec. to suspend the prosecution of any Romish Priest upon
the said former Act, by reason of exercising his function in a private
Roman Catholique familye. The first of these was presented
by the House of Delegates to me and H.M. Councill, and had
our ready assent, for it was become absolutely necessary to cheque
the insolent extravagancys of those priest here, likewise the
second was upon the humble petition of the Roman Catholiques
here brought from the House to H.M. honble. Councill and myselfe,
but in such a dress that would not have suited the Laws of England,
and therefore having new modelled it with the necessary
Retrenchments so as not to interfere with any of the Laws of
England, I suffered it to pass with an intire submission to H.M.
royall pleasure, as will appeare by the Law itselfe. Notwithstanding which a Renegado Romish priest of most scandalous
life and conversation has been very free in dispersing a libell taxing
me to be a favourer of papists and governed by them; but in this
the Generall Assembly have done me publique Justice, which
appears upon the Journalls of the Councill and Assembly, and
I have the satisfaction of being assured none I have the honour
to be knowne to can entertaine so mistaken and groundless opinion
of me. I humbly submit to your Lordships, if you shall recommend it to H.M., to empower me to suffer no tobacco to be shipt,
or European goods discharged but at 5 places in this Province,
which would hinder all clandestine Trade (everybody here having
a landing place) and shipps might loade in 5 weeks tyme, H.M.
seamen be soone at home againe to serve on boarde the Fleete in
July at farthest, a thing so usefull to the publique in genll. to
prevent frawds, that ye Assembly will never consent to have
it made a law by them, and therefore have hitherto ever oppos'd it
for ye sake of clandestinely unshipping the goods brought from
England, and shipping their tobacco at their owne Dores, which
makes it impossible for all ye officers in ye world to know what
is shipt or unshipt; I assure your Lordships this deserves a very
mature consideration both as to Trade and ye want of seamen
for H.M. service, who now stay many months in the Province,
fall sick, and by unwholesomness of the clymate many dye, and
those that returne are abroade so long they are useless to the
publique a yeare at least. I have presumed to enclose a scheme
of ye proposall as to this Province, and doubt not but Col. Nicholson
may do the like in H.M. Colony of Virginia. I send the best
account I can gett of the arms and ammunition I found in this
Province, by which I am confident H.M. will believe her Councill
here were in the Right to advise me to send for a Recruite, which
I have directed Coll. Blakiston, my Friend and the Country's
Agent, to supplye by the first safe conveyance, and when H.M.
is made sencible of the constant charge of these recruits I hope
she will be graciously pleased to thinke some effectuall care ought
to be taken for their preservation. I likewise transmit to your
Honours an account of ye inhabitants, children, servts. and slaves.
One parte of my Instructions I am never able to answer, unless
H.M. had a peculiar officer here encouraged with a salary to take
the survey of the severall Ports and Harbours, being numberless
in this Province; for upon my laying it before the Assembly, they
refused to beare the charge thereof, being a great stepp to hinder
their private trade. Signed, Jo. Seymour. Endorsed, Recd.
Oct. 9. Read Nov. 8, 1705. 5 pp. Enclosed, |
|
1210. i. A scheme for shipping all tobacco and goods at 5 Ports
only in Maryland—Annapolis, Oxforde, Somersett,
Puttuxent, St. Marys. Objections and advantages
enumerated. [See preceding letter.] Maryland, June 21,
1705. Endorsed, Recd. Oct. 9, 1705. 3 pp. |
|
1210. ii. An account of the arms and ammunition in Maryland
returned by the Colonels in the respective Counties.
May 15, 1705. Totall:—524 muskets, 348 carabines,
118 barrells and 286lb. powder, etc. Most of the powder
very indifferent and many of the arms out of order.
Signed, W. Bladen. Same endorsement. 1 p. |
|
1210. iii. List of the Inhabitants of Maryland, 1704. |
| County. |
Masters of Familys. |
Freemen and Servants. |
Children, Free. |
Freemen and Servantmen. |
Servant boys and girls. |
Slaves, young and old. |
Fit to bear arms. |
|
Ann Arundell |
765 |
1,058 |
1,418 |
503 |
145 |
672 |
1,272 |
|
Saint Marys |
418 |
617 |
1,065 |
938 |
151 |
326 |
1,356 |
|
Kent |
264 |
413 |
608 |
393 |
54 |
159 |
639 |
|
Calvert |
309 |
560 |
942 |
619 |
243 |
938 |
928 |
|
Charles |
408 |
485 |
931 |
390 |
197 |
578 |
868 |
|
Talbot |
712 |
914 |
1,207 |
822 |
115 |
460 |
1,534 |
|
Baltemore |
364 |
418 |
632 |
235 |
74 |
204 |
803 |
|
Somersett |
804 |
1,167 |
1,436 |
642 |
83 |
305 |
1,546 |
|
Dorchester |
305 |
512 |
814 |
418 |
64 |
199 |
723 |
|
Cecill |
407 |
489 |
716 |
430 |
95 |
198 |
837 |
|
Prince George |
416 |
530 |
1,166 |
464 |
92 |
436 |
880 |
|
Totals |
5,172 |
7,163 |
10,935 |
5,954 |
1,313 |
4,475 |
11,386 |
|
Endorsed as preceding. 1 p. |
|
1210. iv. Journal of the Committee of Accounts, May, 1705.
Same endorsement. 10 pp. |
|
1210. v. Journal of Committee of Accounts, Dec., 1704. Same
endorsement. 12 pp. |
|
1210. vi. Journal of Committee of Accounts, Sept., 1704.
Same endorsement. 29 pp. |
|
1210. vii. Governor Seymour's remarks upon the Laws of
Maryland. July 3, 1705. Same endorsement. 53 pp.
[C.O. 5, 715. Nos. 87, 87.i.–vii.; and (without enclosures),
5, 726. pp. 323–333.] |
| July 3. |
1211. Governor Seymour to [? Sir C. Hedges]. Duplicates
of preceding letter and enclosure No. i. Signed, Jo. Seymour.
Endorsed, R. Dec. 1, 1705. 4 and 6 pp. [C.O. 5, 721. Nos. 3,
3.i., ii.] |
July 3.
Whitehall. |
1212. Council of Trade and Plantations to Mr. Secretary
Hedges. In reply to June 27. We find it by dayly experience to
be very prejudicial to H.M. service that Counsellors in the
Plantations be too long absent from their duty. But as to Col.
Scott, he having been heretofore constantly resident in Barbados
and designing to return by the next fleet, we humbly offer that
H.M. be pleased to allow of his absence until that time, etc. [C.O.
29, 9. pp. 349, 350.] |
July 3.
London. |
1213. Mr. Dummer to Mr. Popple. The Cotton sloop, sailing
from Barbadoes, April 8, for Antigua, after avoiding two other
privateers, was taken after a sharp fight, off Nevis in sight of the
man-of-war there, etc. Concludes with extract in following. Signed,
E. Dummer. Endorsed, Recd. Read July 3, 1705. Addressed.
1 p. [C.O. 323, 5. No. 82.] |
July 4.
Whitehall. |
1214. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose following. Autograph signatures. 1 p. |
|
1214. i. Extract of letter from Mr. Dummer to the Council of
Trade and Plantations. I am informed that there are
22 privateers belonging to Martinico, that 14 of them
were abroad; that in the 4 days the Captain (? Dudley
of the captured packet) was a prisoner there were brought
in 4 prizes, a ship from Ireland, a ship from Bristoll,
another from New England, and a ship from the Maderas,
with 500 pipes of wines. ½ p. [C.O. 152, 39. Nos.
106, 106.i.; and (without enclosure), 324, 9. pp. 106,
107.] |
July 4.
St. Christophers. |
1215. Lt.-Governor Johnson to the Council of Trade and
Plantations. Reply to letter of April 26. The Gentlemen of these
Islands are so sensible of the great and growing mischiefs of the
trade to St. Thomas, that the Generall Councill and Assembly
lately mett at Nevis have ordered their Agents to press that
affair as is possible. I will either send your Lordships a collection
of the Laws very soon, or satisfie you 'tis none of my fault they
are not transmitted. I have sent orders upon orders to the Lieut.Governours of Antigua and Mountserrat, and about a fortnight
since Col. Hodges writt me the Deputy-Secretary of that Island
had positively refused the work, and would rather quitt his
imploy then be obliged to it. Your Lordshipps shall not fail of
plans of the fortifications as soon as they are finished, but the
unaccountable people of this Island will neither consent to make
new ones nor so much as mend their old, which are all out of
repair. What Sir W. Mathew in a letter to your Lordships called
a new Fort was but an old plattforme, and rather spoiled than
improved. If I committed a fault in relation to the new Councillors,
both Sir W. Mathew and I were misled by the want of such a
caution in the Instructions, and I must own, my Lords, I am verry
farr from having every perticular of the great Commission in my
head, which scarce two men in this Government can read, but I
will take care to prevent the ill consequences your Lordshipps
apprehend. I could send no other account of the Agreement
made with the French Generall, but that I choose a verry good
man to make it. I shall doe my best to prevent the inconveniences
arising from frequent flaggs of truce. I heartily wish for Col.
Park's arrival, for I have such ill-natured and troublesome people
to deal with, that I am already weary of my Command. I shall
not fail to publish the Acts of Parliament your Lordshipps have
been pleased to send me. I shall do myself the honour to answer
Sir Charles Hedges's letter, and shall follow the directions given
in it; though I must own, my Lords, I never heard that powder
was demanded for any of the packet-boats. Mr. Dummer need
not have troubled the Queen about such a trifle, such an instance
of dispencing power would easily have been pardoned in a Cheif
Governour here, even by those who will scarce pardon him the
exercise of his just authority and such as is absolutely necessary
for the due discharge of the trust reposed in him. Signed, Jon.
Johnson. Endorsed, Recd. Sept. 3, Read Oct. 31, 1705. 2 pp.
[C.O. 152, 6. No. 27; and 153, 9. pp. 273–276.] |
July 4.
St. Christopher. |
1216. Lt.-Governor Johnson to [? Sir Charles Hedges].
Acknowledges letter relating to the exemption of packett boats from
paying the powder duty, which I believe will be cheerfully complyed
with. I never heard that it was ever demanded, and was certainly
not within the pourview of the Acts which laid that duty on
vessels trading to these Islands. Signed, Jon. Johnson. Endorsed,
R. Sept. 5. 1 p. [C.O. 239, 1. No. 7.] |
July 4.
Whitehall. |
1217. W. Popple, jr., to Mr. Attorney-General. The Council
of Trade and Plantations, upon complaints from the Governor of
New York, desire your opinion what H.M. may do by her
prerogative to enforce an exact obedience to H.M. Proclamation,
for settling the rates of foreign coines, in the Charter Governments,
or how she may oblige the said Governments to a due
compliance as it is absolutely necessary for the public service.
Encloses Memorial from the Merchants of New York to the
Governor, and the opinion of the Councill thereupon. (Dated
June 4 by error.) 1¾ pp. [C.O. 323, 5. No. 88.i.; and 5, 1120.
pp. 319, 320.] |
July 4.
Whitehall. |
1218. Sir C. Hedges to the Council of Trade and Plantations.
Encloses following for their report, as to that part which relates
to putting the inhabitants under a civill and military Government.
You are to prepare a scheme for such a settlement, and to send me
such a draught of Instructions for the Commodore and Captain
of the Fort as may be proper for them to set the inhabitants to
work in building or repairing storehouses and places of security
for the fishing tackle in the fort or elsewhere for laying them up
when the fishing season is over, and for exempting them from any
press, and their goeing or being carried away by the New England
ships as is proposed. Signed, C. Hedges. Endorsed, Recd.
Read July 5, 1705. 1 p. Enclosed, |
|
1218. i. Proposals of Newfoundland Merchants. In obedience
to the commands of the Rt. Hon. the Lords of H.M.
Cabinet Council when we had the honour to attend
with our petition, wee humbly represent that the
inhabitants being in the winter, when the Commodore
and Admirals are absent, without any civil regulations,
and at all times without any military discipline, are
thereby very much exposed to the inroads and insults
of the neighbouring French. We propose that the
inhabitants of each Harbour be authorized to choose
from amongst themselves every year at All Saints one
Chief Constable and one or more Constables for the
preservation of peace and good order, and that some
blanck Commissions may be sent from England to be
fill'd up by some proper persons at Newfoundland,
to be delivered gratis to some of the inhabitants of each
harbour elected by the majority of their neighbours,
whereby they may be appointed as officers over them,
and by whom the people may be frequently disciplin'd
and train'd up, and under their conduct either guard
or defend themselves, or attack the enemy, as there
may be occasion. We compute there remain in the winter
in the several Bays at least 1,000 men fit to bear arms:— |
|
St. Johns and the Adjacent harbours |
400 |
|
Consumption |
200 |
|
Trinity |
200 |
|
Bonavista |
200 |
|
which being unarmed and intirely impoverished by the
late invasion, notwithstanding the good conduct of
Lt. Moody and the brave defense made by him and the
garrison, we humbly pray H.M. to send them such a
number of armes and so much ammunition as may be
thought necessary. And whereas their Lordships
ordered us to give directions that the inhabitants of all
the land may before winter carry their goods and fishing
craft into the Fort of St. Johns, we humbly represent
that the greatest number live at such a distance that we
very much fear it will not be in their power, and we
apprehend that there are not sufficient conveniencys
in the same for the effects and fishing craft of that
Harbour alone. In order to such a security it will
be requisite to give directions to prepare more storehouses
in the Fort of St. Johns, in which the people of that
Harbour may lodge their effects gratis, and take them
away at their pleasure, and that Forts or such other
places of safety may be built in the Bays of Consumption,
Trinity and Bonavista, wherein the inhabitants may
safely lodge their effects, and by which all the land will
be further secured from the incursions of their enemies.
As Freedom and good order have been always thought
necessary for the encouragement of this Fishing Trade,
we pro[pose] that the Planters and their servants may be
exempted from any press; that strict orders may
be given to the Magistrates and Commanders to prevent
the New England ships from carrying off the inhabitants
or their servants without due notice, because by such
methods the people that owe any money in the land
very often go away, to the great loss of their creditors
and the general prejudice of the Fisherie; and that,
for the prevention of many oppressions and inconveniencys which may arise from the liberty the officers
of the garrisons may take in trade, they may be debarred
from the same. 11 signatures. [June 29.] 2¼ pp.
[C.O. 194. 3. Nos. 68. 68.i.; and 195, 4. pp. 14–20;
and (enclosure only), 194, 22. No. 33.] |
July 5.
Whitehall. |
1219. W. Popple to the Mayor of Bristol. Encloses copy of
preceding Memorial. The Council of Trade and Plantations desire
you to consult with the traders to Newfoundland in your city,
and appoint some person to attend their Lordships with your
opinion upon ye whole matter as soon as may be. |
|
Similar letter, mutatis mutandis, to the Mayors of Biddeford,
Barnstable, Plymouth, Exeter, Poole, Dartmouth, Weymouth.
[C.O. 195, 4. p. 21.] |
| July 5. |
1220. Merchants of Poole trading to Newfoundland to the
Council of Trade and Plantations. Seeing that it is now too late in
the year to raise fortifications for that countryes safeguard the next
winter, we propose that 2 or 3 fourth-rate men-of-war winter
there, and cruise about St. John's Harbour, Trinity Harbour, and
Ferryland Harbour respectively. In the winter the inhabitants
may lodge themselves and their effects in any of these places.
A captain and 30 or 40 soldiers to reside on Carboneere Island
for the defence of that place and Consumption Bay. The best
time to attack the French will be at the fall of the leaf, when
there ships are all gone, vizt. the latter end of October, when a
detachment of 50 men from each ship, 50 from St. Johns, and
100 or 150 inhabitants would be enough to destroy and plunder
all their harbours in the S.W., the fort of Placentia only excepted,
and that likewise if they can come upon it undiscovered, as the
French did on St. Johns, and might have taken that fort, had they
not began with the inhabitants first. We propose also that our
forces should be transported into boats to the bottom of Trinity
Bay, and thence march overland to the French Plantations,
some of which are but few miles from the bottom of the said Bay.
The 3 men-of-war above mentioned to be relieved every year until
forts can be built; and such ships to serve as convoys for the
ships bound to Portugal and England. 16 signatures. Seal.
Endorsed, Recd. Read July 5, 1705. 1 large p. [C.O. 194, 3.
No. 69; and 195, 4. pp. 22–26.] |
July 5.
Whitehall. |
1221. W. Popple, jr., to Mr. Lowndes. Encloses extract of
letter from Lord Cornbury. The Council of Trade and Plantations
being sensible of a like want [of a collection of the statutes of England]
in divers others of the Plantations, desire you to move the Lord
High Treasurer, that they may have half-a-dozen to send as
necessary. [C.O. 5, 1120. p. 321.] |
July 6.
Whitehall. |
1222. W. Popple, jr., to Mr. Docminique. Encloses extract
from Lord Cornbury's letter [? Feb. 19] relating to Indian lands,
unto which your answer is desired, as soon as you can conveniently.
[C.O. 5, 994.A. pp. 227, 228.] |
July 6.
Whitehall. |
1223. W. Popple, jr., to Mr. Attorney General. Encloses
extracts from Lord Cornbury's letter [? Feb. 19], etc. The Council
of Trade and Plantations desire your opinion whether fines, forfeitures and escheats in New Jersey belong to H.M., or to the
Proprietors of the soil, and whether the appointing of Rangers
of the Woods be in H.M. or the Proprietors. [C.O. 5, 994.A.
pp. 228, 229.] |
July 6.
Whitehall. |
1224. Council of Trade and Plantations to the Queen. Offer
that H.M. confirm Roger Mompesson, John Barbarie and Adolphus
Philips, admitted by Governor Lord Cornbury to the Council
of New York. [C.O. 5, 1120. pp. 322, 323.] |
| [July 6.] |
1225. W. Bohun to the Council of Trade and Plantations.
Prays to be made Attorney-General of New York. Signed, Wm.
Bohun. Endorsed, Recd. Read July 6, 1705. 1 p. [C.O. 5,
1048. No. 119; and 3, 1120. pp. 323, 324.] |
| [July 6.] |
1226. S. Broughton to the Council of Trade and Plantations.
Prays to succeed his father as Attorney-General of New York.
Endorsed, Recd. Read July 6, 1705. 1 p. [C.O. 5, 1048. No.
120; and 5, 1120. p. 325.] |
July 6.
Whitehall. |
1227. W. Popple, jr., to Mr. Attorney-General. Enquires
whether Mr. Bohun and Mr. Broughton (above) be fit to be
recommended. [C.O. 5, 1120. p. 326.] |
July 6.
Whitehall. |
1228. Mr. Secretary Hedges to the Council of Trade and
Plantations. Upon your Representation of June 20, you will
please to prepare instructions to Capt. Lloyd and the Commodore
on the enclosed heads, or such other as you shall judge proper.
Signed, C. Hedges. Endorsed, Recd. Read July 10, 1705. 1 p.
Enclosed, |
|
1228. i. Heads of Instructions referred to in preceding:—(1)
That Capt. Lloyd may list such straglers in Newfoundland as frequently go for New England after the Fishery
is over, which will be a means of keeping them in the
country, but no persons that are servants to the
inhabitants without their Masters' leave, and neither
them nor straglers till the fishing season is over, unless
H.M. service require it. (2) That Capt. Lloyd and
the Commodore jointly examine into the management of
affairs in Newfoundland last winter, and transmit
an account thereof upon oath to England, especially
upon the following particulars:—(1) Why a Guard
was not left at the North Battery to take care of the
guns there. (2) How two or more barrells of powder
and small armes came to be left in a house or shed by
the North Battery, by which the enemy did the most
damage. (3) Why a guard on watch was not kept there
every night as was done last winter. (4) How it
happened that 3 or 4 houses and the inhabitants thereof
were left entire and standing with their goods, and all
others destroyed. 1¼ pp. [C.O. 194, 3. Nos. 70, 70.i.;
and 195, 4. pp. 27–29.] |
July 7.
Poole. |
1229. Mr. Phiphard to W. Popple, jr. In reply to letter of
July 5. Two posts since I sent up our proposals relating to
Newfoundland, etc. Signed, Will. Phiphard (Mayor of Poole).
Endorsed, Recd. Read July 10, 1705. Addressed. ½ p. [C.O.
194, 3. No. 71.] |
July 8.
New York. |
1230. Governor Lord Cornbury to the Council of Trade and
Plantations. Since my letters of Feb. 19, which went by the way
of Boston to H.M.S. Advice, I have not had any opportunity
of writing to your Lordshipps till now (except one letter which I
sent by the way of Antego), but now Col. Quary having informed
me that his affairs called him into England, I make use of this
good opportunity, etc. In my letter of Nov. 6, 1704, I gave
your Lordships an account that on that day I had dissolved
the Assembly of this Province, and that I intended to call another
in March last, but having advised with the Councill, what would
be the most seasonable time for them to sitt, they were all of
opinion that the beginning of June would be the best time, upon
which I issued writts for the electing of Representatives to serve
in Generall Assembly, to meet on June 1 last, but the Members
not coming at the day appointed, I was forced to adjourn the
Assembly by Proclamation severall times till June 11, at which
time the greatest part of the Members being come, I sent for them
and directed them to choose a Speaker, which they did, and
presented him to me on the 14th, and having approved of him,
I acquainted them what I thought necessary to be done this
Sessions, a copy whereof I herewith send your Lordshipps, the
Assembly is still sitting, for which reason I cannot send the
Journall, because it is not perfect, but I think myself in duty to
the Queen bound to acquaint you some of their proceedings,
and first I must observe that in the Elections the people have
generally chosen the same persons, and the Representatives have
chosen the same Speaker, nevertheless I would not reject him
because I was willing to let them see that I was not willing to
retain any resentment of their ill-behaviour the two last Sessions,
in hopes that they would have taken better methods then they
did before, but it seems the Major Part of them came possesst
with other minds, for having prepared a Bill to raise 1,700l.
for the defence of the frontiers, they insisted (as they did the last
Sessions) upon the nominating a Treasurer, and in their Bill, they
make that Treasurer accountable to the Generall Assembly, and
not to the Queen, which is directly contrary to my Instructions;
when the Bill was sent up by the Assembly to the Councill, I took
notice of these things and I shewed the Gentlemen of the Councill
the 17th, 21st, and 23rd clauses of my Instructions [quoted]. Your
Lordshipps will perceive by the (enclosed copy of the) Bill, that the
Assembly have acted directly contrary to these three clauses, for in
page i. of their Bill, it is enacted that the summ of 1,700l. shall be
levied as therein directed, and for the uses therein mentioned, but it
is not granted to the Queen, her heirs and successors, and in folio
ii they appoint one Mr. Richard Willet to be Treasurer of New York
(an Office not yet known); in folio iii they enact that the said
Treasurer shall give security to the Queen by recognisance to be
accountable to the Generall Assembly; folio xi (it is enacted
that a certificate under the hand of the Collonel, Cheif Officer or
Captain in the County or precinct where any man shall be detacht,
and a certificate from the Mayor and Aldermen of the city of
Albany or the major part of them shall be a sufficient warrant
and authority to the Treasurer to pay the moneys by this Act
to be levy'd etc.) soe that it will appear that in the first folio, they
directly contradict the 17th clause of my Instructions, because
they doe not grant to the Queen, her heirs and successors; in
folio iii they doe a little more positively contradict the 21st
clause of my Instructions, because they direct their pretended
Treasurer shall give security to the Queen, to be accountable to the
Assembly; which is noe lesse then to oblige a man to give security
to the Queen, that H.M. commands shall not be obeyed, for the
Queen is pleased to command that all moneys shall be made
accountable for to herself, in England, etc., but it seems they think
themselves wiser, and think it more proper that their pretended
Treasurer should be accountable to them rather than to H.M.
In folio xi they most positively contradict the 23rd clause of my
Instructions, for they enact that a certificate from a Militia
Officer, and another from the Mayor and Aldermen of the City
of Albany shall be a sufficient discharge to their pretended
Treasurer for the monyes he is to pay, whereas the Queen is pleased
to command me, not to suffer any publick moneys whatsoever to
be issued otherwise then by warrant under my hand, by and with
the advice and consent of H.M. Councill (which I am sure I have
hitherto punctually observed) but in this likewise they think themselves wiser then H.M., for they pretend to direct otherwise.
Now my Lords, I must observe that they cannot plead ignorance,
for they have been acquainted with these Instructions last
Sessions, and the last Sessions but one, and it is a downright
obstinacy, and a design to throw off the Authority of the Queen,
if they can, or at least as much as they dare at once, and I think
a pretty good guesse may be made of the temper and inclinations
of the men, and what they would doe if they could, by the last
clause in their Bill, folio xiv, in which they doe not only outlaw
all persons without distinction who shall contravene their
directions in that Bill, but they take it upon them to deprive
H.M. of the power of pardoning, and not only of pardoning,
but even of reprieving any of the persons who shall be guilty
of a breach of their Act, for their words are these (And be it farther
enacted by the authority aforesaid, that if any person or persons
shall advise, frame, contrive or put in execution any commission,
act, order, warrant or command whatsoever, for diverting or
misaplying any of the money hereby to be raised and levied, to
any other intent, use or purpose whatsoever, then to the uses,
intents and purposes by this Act limited and appointed, he or
they soe offending shall henceforth be disabled during life to
sue or implead any person in any action, real or personall, or to
make any gift, grant, conveyance or other disposition of any of his
or their lands, tennements, hereditaments, goods or chattels,
which he or they hath or have to his or their own use, either by
Act executed in life, or by last will or otherwise, or to take any
gift, conveyance or legacy to his or their own use, and be
incapable of any ease or pardon from H.M., her heirs or successors
of the penaltys and disabilitys aforementioned or any of them).
This I confesse is a step farther then I thought they would have
attempted to goe, I am satisfied there are some people here, that
always have and always will fall out with their Governors, let
them doe their duty never soe well, and that for noe other reason
that I know of, but because they hate all manner of Government,
but I did not think that they would have atackt the Prerogative
soe barefacedly as they have now done, but I hope this will
convince your Lordshipps of the necessity of regulating their
methods of proceeding in the Generall Assemblys of these
Provinces for the future; I send the amendments made by the
Councill to the Bill and sent by them to the Assembly for their
concurrence, and the copy of the message sent back with the Bill
by the Assembly to the Councill, by which you will see that the
Assembly insist upon it that the Councill shall not make any
amendment to a money bill; this is a new doctrine in this part
of the world, and never attempted till the last Sessions but one
and was then set up on purpose to hinder any money from being
given, and yet to save their credit with the people, who would have
been uneasy with them, if they had not taken care of the defence
of the frontiers, but passing a money bill with such clauses in it,
as they know I could not pass, was thought by them to be the
best means to save their money and their credit with the people
too; I know very well that some of the factious people in the
House have possessed the rest of the Members, that because
the Commons of England will not suffer the Lords to make any
amendments to a money bill there, that therefore they, as
Representatives of the people here, have the same Right, and
that they ought not to suffer the Councill to make any amendments to a money bill; if this Doctrine is suffered to goe on,
all that the Governour and Councill can doe, will be to hinder the
Assembly from doing mischief, but wee shall not be able to doe
the good wee could wish to doe, unlesse H.M. will be pleased to
declare her pleasure upon this subject, which I will see punctually
obey'd, and I believe that will be the shortest and the best way to
put an end to this method of proceeding, and will convince much
the greatest part of the House, that they have been misled and
abused, by two or three turbulent men, who never were nor ever
will be faithfull to the Queen nor true to their countrey, I mean,
French, Coddrington and Garton, the first has often declared
that he liked noe Government at all, and the other two have been
notorious for oposing at all times anything that the Gouvernors
have proposed, and this long before my time. The Assembly
is still sitting, and have already prepared severall Bills, and are
preparing others, as soon as they are up, I will transmit to your
Lordshipps such Bills as shall be past, and the Journall of their
Proceedings by the first opportunity. This place suffers very
much for want of a man-of-warr, there has been a French privatier
upon this coast, he lay four days off of Sandy Hook, he had
taken a Bermudas sloop, which was bound from this place to
Jamaica, a few days before he came upon this coast, he had not
been above 15 days out of Martinico. There is a briganteen and
a sloop fitted out from Martinico to come upon this coast likewise,
this I was informed of by the Master of the Bermudas sloop
which was taken, whom the privatier had set on shore upon
Sandy Hook. I acquainted the Gentlemen of H.M. Councill with
the information I had, and asked their opinion if it would not be
proper to fit out some vessells to endeavour either to take or drive
away that privatier, who were all of opinion that it should be
done, whereupon I ordered a ship of 10 guns, and two sloops, one
of 4 gunns, the other of 8 guns, I put on board these four vessells
350 men, who were all well armed, what with their own arms
and such as we could furnish them with out of the few stores we
have, they were victualed for 10 days, they cruised as farr as the
Capes of De La Ware to the Westward, and as farr as Block
Island to the Eastward, but they could not get sight of the
privatier, soe they returned into this Port; I am since informed
by the Master of a brigantine that was bound from Jamaica to
Virginia, that the privatier lay off the Capes of Virginia, and that
he was taken by him, that he was four days a prisoner on board
of the privatier, and that he took a prize every day while he was
on board, I am likewise informed that since that, the Strumbolo
went out of the Capes of Virginia in pursuit of the privatier,
whom he fired severall guns at, and it is believed would have
taken her, had it not fallen calm on a suddain, but it being soe,
and the privatier having thrown his periago and his guns overboard, by the help of his oars got away; soe I hope we shall not
be troubled with him any more, and what is become of the other
two I have not heard, but, however, this has put this Province to
a very great charge, which would not be if a man of warr were
here, and besides the trade of this place would be securer, I
therefore earnestly intreat your Lordshipps to take such care that we
may have a man of warr, if there is not one already appointed.
I now send a particular account of how the stores have been
disposed of since my coming into this Province, for I have never
been able to get any account before, for when I demanded an
account from the person who was storekeeper when I arrived here,
whose name was Maddocks, he was formerly one of my Lord
Bellomont's servants, and went into England with the Countesse
of Bellomont, when I asked him for an account of the stores, he
brought me an account of what remained in store at that time.
I told him I must have an account of what stores he had delivered
out, he said he could not doe that, for he had delivered them out
by verball orders, and he did not think it necessary to keep any
account in writing, soe I could get none from him; whereupon I
made an order that noe stores should be delivered out, but by
an order under my hand or, in my absence, under the hand of the
Officer commanding in the Garrison, of which I have an account
immediately at my return, by which means I am able to give an
account of what has been disposed of in my time, and I shall
continue the same care, therefore I hope your Lordshipps will be
pleased to procure stores to be sent over before winter, else we
shall be in a very poor condition, if the French should attempt
anything upon our frontiers this winter, which is the season
which they commonly choose for those expeditions. I must
again renew my request that a Statute book may be sent hither,
to remain in the Secretary's Office for the use of the Councill, I
have one of my own, but it reaches noe lower then the 32nd of
Charles II, and we are very often at a losse when the Lawyers
in their pleadings quote any Acts since that time. I hope you
will likewise please to endeavour that a New Great Seale may
be sent hither for this Province, the old one is very much worn. |
|
With respect to the Province of New Jersey very little new has
happ'ned, since the account I gave you by H.M.S. Advice. In
May I went to Burlington to meet the Assembly, according to
adjournment, the Members of the Eastern Division came to
Burlington, but the Members of the Western Division did not
appear, except those who served for Burlington, soe I adjourned
by Proclamation for a few days, in hopes the Members would
come up, but they did not, the Members of the Eastern Division
grew uneasy, and presented a Petition to me, to desire they might
have leave to return to their country affairs, their attendance
being to noe purpose since the Members of the Western Division
did not attend, and farther prayed that the Assembly might be
adjourned to some more seasonable time, this Petition being
delivered to me, and being informed by very good hands that the
reason why the Members of the Western Division (who are all
Quakers, except one, did not attend) was because somebody had
told them that if the Assembly did not meet, it was disolved of
course, and they had a mind to try a new Election, to see if they
could not get some of their friends in for the Eastern Division,
and having waited for them upwards of three weeks, and the time
for the sitting of the Assembly of New York drawing near, I
thought it proper to adjourn the Assembly of that Province to the
month of October next, at which time I will not fail to attend
my duty there, whether they will come or not I cannot tell,
however, by the first opportunity that offers afterwards, I shall
acquaint your Lordshipps with all matters that shall happen;
In the mean time I intreat you that a Great Seale may be sent
for that Province, there having been none yet, for want of which
many things remain undone which should be done; I beg your
Lordshipps' opinion and directions concerning the clause in my
Instructions (You shall also propose unto the said Generall
Assembly, and use your utmost endeavours with them, that an
Act be passed for raising and setling a publick Revenue, for
defraying the necessary charge of the Government, in which provision be perticularly made for a competent sallary for yourself
as Captain Generall and Governour in Cheif, and to other our
succeeding Captain Generalls, for supporting the dignity of the
said Office, as likewise due provision for the respective Members
of our Councill and Assembly, and of all other Officers necessary
for the administration of that Government), whether H.M. is
pleased that the Gentlemen of her Councill should have fixed
sallarys, and if the Members of the Assembly should have sallarys
out of the Revenue, and I have two reasons which move me to
desire your opinion upon this matter; the first is because I am
afraid it will be a means to induce the Gentlemen of H.M. Councill
for the Province of New York to desire the same, whereas they
have never yet had any such allowance. The other is
because the Revenue will not answer it, as for the Members
of Assembly in the Province of New York, the severall
countys and borroughs pay their Representatives without
burthening the Revenue with it, and with submission to your
Lordshipps. I conceive it may be ordered the same way in New
Jersey without any prejudice; however, I shall observe your
directions. The Revenue is already raised for one year,
according to the directions of the Act, and in the places where it
falls the heaviest, it amounts to noe more then 2¾d. in the pound,
and that according to the vallue set upon the land in the Bill,
which is 10l. for every 100 acres, whereas it is certain that land
sells in New Jersey from 40l. to 60l. for 100 acres, soe that in
truth the tax does not amount to more than ¾d. in the pound of
the reall vallue, which makes the people very easy. Signed,
Cornbury. P.S.—It is upwards of seaven months since I have
heard one syllable from England. Endorsed, Recd. 3rd, Read
Dec. 5th, 1705. Holograph. 8 pp. Enclosed, |
|
1230. i. Speech of Governor Lord Cornbury to the Assembly of
New York, June 11, 1705. I am sorry the Queen's
service in the neighbouring Province, and the ill weather
wee have lately had have hindred me from meeting
this Assembly so soon as I intended, however, I hope
you will have time enough to dispatch such things as
may be necessary, etc. I particularly recommend:—(1) that a summe may be provided sufficient to pay
100 fuzileers and 50 outscouts, with officers, to be
sent to Albany and places adjacent, for the defence of
the frontiers for one year, and likewise that provision
may be made for their going up to and returning from
Albany, and likewise for bedding for them while they are
there; this is of absolute necessity at this time, because
I have recd. an account of a design of the Waghana
Indians with several other Nations in amity with the
French to attack our Five Nations, who if they see
that wee are either not willing, or not able to support
and defend them against their enemys, will the more
easily be persuaded to goe over to the French, the
ill consequences whereof are so well known, that I need
not mention them to you, nor particulars of this
news, because I had it from the Representatives for the
County of Albany. (2) I recommend to your care
the providing for the charges of the detachments sent
up to Albany for the defence of the frontiers last fall,
an acct. whereof shall be laid before you. (3) The
Bill for settling the Militia, which was passed in 1702, is
expired by its own limitation. I think 'tis very necessary
that Act should be revised. (4) The difficultys which
some very worthy Ministers of the Church of England
have mett with in the getting the maintenance settled
upon them by an Act of the Generall Assembly, 1693,
moves me to propose to you the passing an Act
explanatory thereof, that those worthy men may enjoy
in quiet that maintenance which was by Law provided
for them. (5) I further recommend the passing an
Act to provide for the maintenance of some Ministers
in some of the towns of the East End of Long Island,
where I don't find any provision has yet been made
for propagating Religion. (6) The next thing which
does very highly deserve your serious thought, is the
laying a duty upon all European goods imported with
this Colony from any of the neighbouring Provinces,
whereas now these goods pay no greater duty's then
those which come directly from England; I did
recommend this matter to the last Assembly, and I am
afraid the not doeing of it at that time has been a
considerable prejudice to the Trade of this Province,
and I am perswaded that unless effectuall care be now
taken in that matter, the trade of this place will not only
become precarious, but our Navigation will be entirely
ruined; I am of opinion it would be very proper to
lay a duty upon all rum and other spiritts imported from
any place w'tsoever, except England, and H.M. Islands
in the West Indies. I earnestly recommend the preparing such a Bill. (7) I further recommend to your
consideration, whether the passing an Act to discourage
the exportation of corn and to encourage the exportation
of flower from this Province, would not be of good
advantage to Trade. (8) I observe that dureing the
late warr, at a time when much greater sums were given
for the defence of the frontiers then have ever been
demanded since the beginning of this, the Assembly's
thought fitt to grant severall sums of money towards
the discharging the debts of the Province, whether it is
not as reasonable to take the same methods now, to
discharge the debts which were contracted before my
comeing to this Govermt., I leave to your considerations;
onely I think it a duty incumbent on me to putt you in
mind of it, that the people to whom these debts are due
may not think themselves neglected. (9) It will be
necessary to pass an Act to prevent the clipping and
defacing the foreign coin, which has currency here;
and another for the more effectual suppressing of
scandalous houses and Bawdy houses, and to prevent
scandalous women from comeing from the neighbouring
Provinces to live in this; and another to punish Negroes,
Indians and Molatto slaves, and to prevent their running
away from their masters. (10) H.M. has been pleased
to order that for the future no Governor, Lt.-Governor or
Commander-in-Chief of this Province shall receive any
gift or present from the country, which order you will
find entred in your journalls; all the return the Queen
expects for easing you from the burthen of those presents
is, that you contribute more freely to the defence of the
country, etc. Endorsed, Recd. 3rd, Read Dec. 6th,
1705. Copy. 2¾ pp. |
|
1230. ii. Copy of a Bill for levying and collecting 1,700l. for the
defence of the Province of New York. July 3, 1705.
Referred to in above letter. Endorsed as preceding.
8 pp. |
|
1230. iii. Copy of Amendments made by the Council of New
York to preceding. Same endorsement. 2¾ pp. |
|
1230. iv. Copy of Reply of the Assembly to preceding. July 14,
1705. "It is inconvenient for this house to admitt
of any amendment made by the Councill to a Money
Bill." Same endorsement. 1 p. |
|
1230. v. Account of Ordnance Stores expended in New York,
May, 1702—Feb. 16, 1704/5. Attested by Lord Cornbury. Same endorsement. 1 large p. [C.O. 5, 1048.
Nos. 121, 121.i.–v.; and (without enclosures), 5, 1120.
pp. 350–376.] |
July 9.
Windsor. |
1231. Order of Queen in Council. Approving reports (May 12,
24) upon Mr. Clifford's case. Mr. Secretary Harley is to lay
the same before H.M. at a convenient time for H.M. further
pleasure. Signed, John Povey. Endorsed, Recd. Read July 20,
1705. 1½ pp. [C.O. 388, 75. No. 129; and 389, 36. pp. 304,
305.] |
July 9.
Windsor. |
1232. Order of Queen in Council. Approving Representation
of July 6th. Mr. Secretary Hedges to prepare a warrant for
confirming Messrs. Mompesson, Barbarie and Philips Members
of Council of New York. Signed, John Povey. Endorsed, Recd.
Read July 20, 1705. 1¼ pp. [C.O. 5, 1048. No. 122; and 5,
1120. pp. 335, 336.] |
July 9.
Windsor. |
1233. Order of Queen in Council. Instructions to Governor
Parke in the case of the America belonging to Samuel Baron, who
claims damages from Col. Codrington. [See Acts of Privy Council,
II. pp. 378, 379.] Signed, John Povey. Endorsed, Recd. Read
April 2, 1706. 6 pp. [C.O. 152, 6. No. 35; and 153, 9. pp.
301–307.] |
July 10.
Bristol. |
1234. N. Byfield to [? Sir C. Hedges]. Repeats the case of the
Charles prize. Signed, Nathl. Byfield. Endorsed, R. Nov. 2. 3 pp.
Enclosed, |
|
1234. i. Copies of Petition of Col. Paige, etc. to Governor Dudley,
Boston, June 23, 1705; Governor Dudley to N. Byfield,
June 25, 1705; John Colman to Governor Dudley,
June 17; Governor Cranston to N. Byfield, June 16;
and Minute of Assembly of Rhode Island, June 19, 1705;
the Governor has the power to grant commissions to
privateers, etc. [See Nos. 1274.ff.] 4 pp. [C.O. 5, 751.
Nos. 67, 67.i.; and (duplicates), 68, 68.i.; 69, 69.i.; 70.] |
July 10.
Crotchett Fryers. |
1235. Mr. Merrett to Mr. Popple. Encloses following, etc.
Signed, Solomon Merrett. Endorsed, Recd. Read July 11, 1705.
Addressed. ½ p. Enclosed, |
|
1235. i. Some Interrogatories to be put to John Stevens aboard
the Friendship sloop. 17 questions as to what he
heard in Newfoundland. Cf. Merrett's queries, No.
1243.i. 2 pp. [C.O. 194, 3. Nos. 72, 72.i.] |
