|
| May 16. |
417. Mr. Popple to Nicholas Lechmere, Sollicitor General.
Encloses Act of Bermuda, 1713, to vest certain lands in Smith's
Tribe in Trustees to be sold for payment of the debts of Richard
Jennings etc., for his opinion thereupon in point of law. [C.O.
38, 7. p. 221.] |
May 16.
London. |
418. James Caulfeild to the Council of Trade and Plantations.
Encloses following, etc. Signed, James Caulfeild. Endorsed,
Recd. Read 16th May, 1715. 1 p. Enclosed, |
|
418. i. Extract of letter from Lt. Governor Caulfeild, to his
brother, James. Annapolis Royal, 28th Jan., 1715.
Recommends Mr. Shirreff, his late Clerk, who has his
accounts etc. Genl. Nicholson's behaviour to me has
been extreamly barbarous. It is now near four years
since I came to this part of the world, and never as yett
recd. one farthing, either as Lt. Govr. or Capt. I have
been att prodigious expences for contingencies, etc.
(v. May 12–14). Genl. Nicholson refused to pass my
accts, tho' he assured me he belived I had laid out for
the service every penny of these charges, and when he
arrived att Boston freightned Mr. Francklyn so much
wth. the non payment of my bills and accots. that
he very abruptly forsooke me, etc. Signed, Tho.
Caulfeild. 2¼ pp. [C.O. 217, 1. Nos. 115, 115 i.] |
May 16.
Whitehall. |
419. Mr. Secretary Stanhope to Governor Lord A. Hamilton.
H.M. directions, May 13th, were dispatched from this office in
great haste on Saturday last for fear of loosing the oppertunity
of the conveyance, so that I had not time to write myself, neither
had I indeed anything to add to those directions which I doubt
not but you will pursue with that zeal and application for H.M.
Service as is answerable to the trust H.M. reposes in you. Encloses "paper from H.M. cheif Gardener, and by H.M. order
recomend to your Lordship to give directions for employing
some persons as is desired in it both for the finding of these
seeds and plants etc., if within that Island, and for transporting
them thither when found." Signed, James Stanhope. Annexed, |
|
419. i. List of trees and plants to be collected and packt for
H.M. service in order to be sent to England from the
Colonies and Islands in America. Larks Heel Tree,
Honey suckles of ye sevll. sorts, woodbine, ajonis or
white cedar, pitch pine, yellow pine, white pine, almond
pine, cedars of sevll. sorts, holly, bay tree, lawrel tree,
mirtle, ever-green oak, gallberry tree, pivet, yaupon,
oaks of sevll. species, ash, elme, (a) tulip tree of the sevll.
sorts, beech, hornbeam, sassafras, sarsaparilla, dogwood,
scarlet trumpet tree, the maycock, ciprees not an
evergreen, locust, honey tree locust, sower tree, pines of
ye sevll. species, white and black walnut, maple, chinhapins, hiccory of ye several species, birch, willow,
sycamore, aspin, pellitory tree, arrow wood, chestnut,
oak vine, prickly ash, bamboo, palmeto, persamines,
piamento, sugar tree, papau tree, service, winter
currant, april currant. All other trees, shrubs, plants
or flowers whatsoever not herein named, that are curious
and beautiful or usefull in any respect, etc. |
|
419. ii. Directions for collecting and preserving plants and
seed. [C.O. 5, 190. pp. 269–271.] |
| May 16. |
420. Lord Guildford to the Council of Trade and Plantations.
Offers Charles Low as security in place of Col. Blackiston (v.
May 5th), who is going in the country, etc. Signed, Guildford.
Endorsed, Recd. 16th, Read 17th May, 1715. Addressed. 1 p.
[C.O. 5, 717. No. 68; and 5, 727. p. 449.] |
May 17.
Whitehall. |
421. Mr. Popple to Mr. Lowndes. Encloses following,
for security to be taken at the Exchequer, for Governor Hart,
etc. Annexed, |
|
421. i. Draught of bond for securities for Governor Hart in
£2,000. [C.O. 5, 727. pp. 450–454.] |
| May 18. |
422. Sampson Sheafe to the Council of Trade and Plantations.
According to your Lordships' directions, I have calculated, that
there may be at present imported yearly (from New England)
30,000 deale boards, or 3,000,000 ft. of boards besides plank and
timber and besides what may be agreed for by ye Navie board,
etc. If encouraged by ye duty being taken off, I am of opinion
that New England is capable to afford a full supply. The first
cost of boards in New England of 1¼ in. thick according to the
present sale there will be about 50s. pr. hundred deales or 1,000 ft.,
the freight from thence £4 pr. 100 deales in time of peace. The
price here given is usually from £6 to £7, etc., etc. Signed, Sampson Sheafe. Endorsed, Recd. Read 19th May, 1715. 1 p. [C.O.
5, 866. No. 36; and 5, 914. pp. 24–26.] |
May 18.
Whitehall |
423. Council of Trade and Plantations to Mr. Secretary
Stanhope. Having had under consideration the state of ye
Garrison at Annapolis Royal, we have examined Col. Vetch and
Col. Nicholson, and several others who have been in those parts;
upon which according to Col. Nicholson's information, we find
that care hath been taken to send provisions to Annapolis for
the subsistence of that garrison, only till about the end of June,
or middle of July next; that as yet that Garrison hath been
subsisted by provisions sent from Boston, which method we
humbly conceive proper to be continued, and contracts to be
made here for their more regular supply. But Col. Vetch informs
us, that a memorial was signed by all the officers, in which they
represented the impossibility of their subsisting for the future,
without an allowance of provisions besides their pay. Most of
the inhabitants of Nova Scotia are so far from being in a condition
to assist the Garrison in winter with subsistence, that in a great
measure they depend themselves on the Garrison, which inconvenience will be augmented, in case the French inhabitants should
be retir'd with their cattle and effects to Cape Breton etc. These
difficultys however we hope may for the future be obviated, in
time of peace, by the punctual compliance of such persons, as
shall contract to supply the said Garrison as before propos'd,
till that Colony of Nova Scotia shall be so far improv'd as that ye
Garrison may be able to support itself. But whereas the said
soldiers are now in debt, on account of victualling, over and above
what their establishment will bear, besides the anticipation for
clothing, as hereafter mention'd; we are humbly of opinion,
it would be for H.M. service, that the said Garrison have some
further supply of provisions for the present. As to the cloathing
of the Garrison, we find they are at present in great want, althô
their off reckonings stand engag'd till 1717 for two parcels of
cloathing, altogether unfit for that cold climate, being very slight
and without lining, and damaged, which they were forc'd to take,
notwithstanding the soldiers complaints thereof to Col. Nicholson,
after the delivery of the first parcel, and before the distribution
of the second. The better to apprise you of the hardships the
said Garrison has undergon, with respect to the said clothing in
particular, we lay before you the informations we have had.
Quote from May 12–14 etc. In all which proceedings, there seems
to have been so little regard, either to the good of the service,
or the conservation of the troops in that cold country; that we
submit how far it may be fit to have this whole matter examin'd
into, by the proper officers, and a true state thereof laid before
H.M., since there are several bills of exchange unsatisfy'd on
account of the said Garrisons; and that the soldiers' off-reckonings
are pawn'd till 1717, by which means they must suffer very considerably, if not remedy'd. Besides the foremention'd hardships,
the Garrison is without bedding, and other conveniences, which
the officers desire may be allow'd, as in the barracks in Great
Britain and Ireland; and as their arms are represented to be in
a bad condition, we think it may be necessary, that matter be also
examin'd into by the proper officers. [C.O. 218, 1. pp. 216–222.] |
| May 19. |
424. Archibald Cumings to the Council of Trade and
Plantations. Reports what boards and planks will answer
best to be imported from America. Continues:—The most
effectuall method for incouraging the importation of such stores
from N. England is to take off the duty on all boards and timber
from thence and to allow them 20s. per tunn for every ship so
importing, as is done to all ships importing masts etc. The
prices of boards and planks is very uncertain, but if the Government allow the above bounty, doubt not butt they can be imported
from N. England as cheap as from the East Country etc. Signed,
Archd. Cumings. Endorsed, Recd. Read 19th May, 1715. 1 p.
[C.O. 5, 866. No. 35; and 5, 914. pp. 22–24.] |
May 19.
Whitehall. |
425. Council of Trade and Plantations to Mr. Secretary
Stanhope. In Reply to May 15, refer to representation of March
15, upon Nova Scotia, etc. Continue:—When H.M. shall think
fit to declare his pleasure upon our said Representation, we shall
then be better able to judge of the convenience or inconvenience
of uniteing Nova Scotia to the Government of the Massachusets
Bay. [C.O. 5, 914. pp. 26, 27.] |
May 19.
Whitehall. |
426. Same to Same. Since our letter to you of yesterday's
date, relating to the garrison in Nova Scotia, we have received and
enclose copy of following to be laid before H.M. with our forementioned letter of yesterday. Autograph signatures. 1 p.
Enclosed, |
|
426. i. Copy of Alexander Strahan's Memorial, following.
[C.O. 5, 1085. Nos. 17, 17 i.; and (without enclosure)
5, 1123. p. 273; and 5, 1079. No. 85.] |
| May 19. |
427. Alexander Strahan, Agent for Governor Hunter, to the
Council of Trade and Plantations. Prays for the Governor's
release from the clothing which General Nicholson has obliged
him to take for the Four Independant Companies, etc. Signed,
Alexr. Strahan. Endorsed, Recd. Read 19th May, 1715. 1½ pp.
[C.O. 5, 1050. No. 80; and 5, 1123. pp. 271, 272.] |
May 20.
St. James's. |
428. H.M. Warrant granting William Congreve, Secretary
of Jamaica, leave to reside in England. Countersigned, James
Stanhope. Copy. [C.O. 5, 190. p. 272.] |
May 20.
St. James's. |
429. H.M. Warrant for restoring Catherine Fraiser, a French
Protestant, to her plantation in St. Kitts. Countersigned, James
Stanhope. Copy. [C.O. 5, 190. pp. 273, 274.] |
May 20.
St. James's. |
430. H.M. Warrant for restoring Aletta de la Cousay to her
plantation in St. Kitts. Countersigned, James Stanhope. Copy.
[C.O. 5, 190. pp. 274, 275.] |
May 20.
St. James's. |
431. H.M. Warrant for restoring Paul Minvielle de Bonnemere
to Bonnemere's Plantation in St. Kitts. Countersigned, James
Stanhope. Copy. [C.O. 5, 190. pp. 275, 276.] |
May 20.
St. James's. |
432. H.M. Warrant for restoring Mary and Margaret de
Nampon to their plantation in St. Kitts. Copy. [C.O. 5, 190.
pp. 277, 278.] |
May 20.
St. James's. |
433. H.M. Warrant appointing James Woodhouse, Clerk of
the Crown and Clerk of the Peace in Jamaica in the room of
Henry Nedham decd. Copy. [C.O. 5, 190. p. 279.] |
May 20.
Barbadoes. |
434. Governor Lowther to the Council of Trade and Plantations. I arrived here on the 11th instant being but 26 dayes
in my passage from the Lands-end. On the 12th I took possession
of the Government: on the same day Mr. Sharp departed the
Island in a sloop he had hired some months before for that purpose;
it's conjectur'd that he's gone either to Antego or Martinique.
This place hath extreamly suffer'd of late by a contagious distemper that hath raged for some time among cattle, sheep
and horses; it was so very mortal that very few of them lived
above four or five hours after they were seized with it, and so
very pestiferous that the negroes and dogs that did eat of the
cattle or sheep that died of the distemper immediately swell'd
to a prodigious degree and seldome survived it above six hours:
the country is not yet quit of the disease, and besides this
calamity, it labours under a severe drought, and a great scarcity
of corne, and all ground-provisions. I shall as soon as possible
lay before your Lordshipes everything relating to this Government
which is injoyn'd me by my Instructions. Signed, Rob. Lowther.
Endorsed, Recd. 27th, Read 28th July, 1715. Holograph. 2 pp.
[C.O. 28, 14. No. 44; and 29, 13. pp. 315, 316.] |
May 21.
New York. |
435. Governor Hunter to the Council of Trade and Plantations. I have had the honour of your Lordships' of 19th Aug.,
1714, by the last post from Boston, the Solebay which brought
it being but lately arrived there. I have given the necessary
orders with relation to the illegal trade with the French Plantations and shall take care as much as in me lyes that the Articles
of the Treaty mentioned in the letter be punctually observed.
Your Lordships' Secretary having transmitted to me a copy of a
Memorial signed by the Earl of Clarendon against the approbation
of the Bill for payment of the publick debts, etc., I thought it
necessary to lay it before the General Assembly here. Refers
to enclosures, which we humbly conceive takes away all colour
or pretence of objections to it. I must repeat here what I have
affirmed [in my Speech v. infra] that of all men, that noble Lord
ought to have been most silent in this case, for to the misapplications during his administration; in the whole course of which
there was an ample Revenue settled and paid, it is that we owe
a great share of these publick debts, and to that it is that we owe
that there never will be another Revenue settled here by Act of
Assembly, and that H.M. servts. must continue beggars on this
side until He shall think fit in his Princely wisdom to send them
relief from home. As for my share in the claim, besides the
arrears of my bare salary, firing and candle for the several
Garisons, repairs of the Forts and Magazines, all proved before the
Commrs. appointed for that purpose and before their Committees,
there is one article of £200 of his Lordship's warrants which is
all I have for that sum paid by me to Capt. Paston who had
advanced it to his Lordship at my desire and on my promise of
payment upon his Lordship's leaving this place, and without
which he then affirmed he could not stir from hence. Refers to
enclosure acknowledging the obligation, of which how he has
acquitted himself your Lordps. best know. How tender I was
on all occasions of his reputation those who have heretofore
sat at that Board can bear me witness. When the Assembly
in the Jersey's made a Representation of the state of that
Province which I was obliged to transmit to their Lorsps. I
acquainted them that the first part relating only to past miscarriages during a preceding administration, I did not think it
necessary to give their Lordships the trouble of reading it, but
now I send it your Lordships intire. I had seized and suppressed
all the printed copies under colour of their being printed without
my leave tho' it was done by order of the House of Representatives. Hitherto I have been silent, notwithstanding the innumerable provocations I have met with, and shall conclude this subject
with assuring your Lordships that most of the difficulties this
Government has laboured under during my administration have
been owing to that opposition his Lordship made to all my
Representations at home and the spirit which that gave to his
Agents and Emissaries on this side. Having affirmed that many
of these publick debts were created by his Lordship's management I think it not unnecessary to communicate to your Lordships the paper which is a copy of what I have by me all wrote
by the late Chief Justice Mompesson his own hand and given by
him to the late Lord Lovelace soon after his arrival in this
Province, it is but a small part of a very long Representation of
misgovernmt. The Assembly here, notwithstanding their dutyful
Address which I have sent home by this conveyance in all appearance will serve H.M. Government no better than they have done
his Predecessors; they have postponed all other business to that
of an Act for General Naturalization and the Agency Bill, which
last they have now passed and sent up in the same terms with
that of which I long ago sent a copy to your Board, and least it
should be mislaid, I think fit to acquaint your Lordships that it
is an Act intirely excluding the Governor or Council from having
anything to do with the Agent or to make any representations
or applications by him, but constituting themselves, and during
the intervals of their Sessions, such persons of their own house
as they shall appoint who even in the time of a dissolution shall
be the sole persons or Court impowered to make any representations or applycations. This they are well perswaded can never
pass, but they'l lay hold of its being rejected as a pretence for
letting the support of Government drop for another year; for
the Funds they gave for the last year have not raised half of their
own scanty sum and I despair of their making good the deficiency.
As to the Naturalization Bill I have offered to them that, it being
an Act of an extraordinary nature rescinding a clause in the Act
for limitations and- the succession of the Crown in so far as it
relates to this Plantation, providing they will insert a clause
suspending the execution and effect of the Act until H.M. pleasure
be known, as I am directed by my Instructions in cases of that
nature, that I would pass it, but that it seems does not relish with
them, so the use to be made of this, is only an excuse to the
People for their long and expensive Sessions without doing any
business, that Act being of a very general and popular concern.
Now my Lords in this wretched posture are our affairs on this
side and the ill humour has grown much upon forbearance, the
letters wrote to me and ordered to be communicated to them
by the former Lords Commissioners of Trade, taxing their conduct
with undutifulness, disloyalty and disrespect, being intirely
disregarded; and even in their house called by the unmannerly
name of bullying letters, even these who would be distinguished
by the name of friends to the Government, never think of settling
any support otherwise than from year to year, and that in the
pityful manner it has been lately done. If for some hidden
causes that I cannot guess at this Governmt. is to be continued
on this wretched foot, it will be great charity in your Lordps.
to acquaint me with it speedily, that I may make it my most
humble application to H.M. to put me into some station how mean
soever whereby I may be inabled to do him effectual service, and
get bread for a numerous family who's life with my own I have
devoted to that use. When the Assembly here has done, or done
nothing, I am to attend that in the Jerseys. The copy cast to
them by this will have influence on that, for Mr. Cox, by the
surprize of an inundation of Swedes has got himself elected in
one of the Counties, and the many assurances from him all over
that Province that I was actually superseded has had great
influence over the Elections in some other counties, as to the
persons, when they find that they have been imposed upon he
may be disappointed in his expectation but I dare promise nothing
from the choice which is made. As to the Caveat given in by
his Father and Brother, I have nothing to plead to 't more than if
they had accused me of murder and treason, that is the general
issue not guilty; But I must humbly intreat your Lordships to
give orders that the original may be kept safe until it pleases
God to send me to England, for obvious reasons. |
|
P.S. I have by this conveyance sent home the correct Journals
and Leigers of the Palatine accounts attested in due form, those
formerly sent being but hasty copies had in them some small
mistakes and omissions. I most humbly intreat your Lordships'
recommendation for reliefe in that case, if that fails nothing can
avail me toward retrieving a very broken fortune, and saving
from ruin an innocent suffering family. Signed, Ro. Hunter.
Enclosed, |
|
435. i. Memorial of the Council and Representatives in General
Assembly of New York to the Council of Trade and
Plantations. Reply to Lord Clarendon's Memorial (v.
Feb. 4 and 8). We know nothing of any money being
due to him, etc., nor does it seem probable, seeing the
money given for the support of this Goverment during
the whole course of his administracon was sufficient
with any tolerable good management to have defrayed
the proper necessary expences of it, etc. The several
sums specifyed [in the Act] and no other were upon a
long examination of the particular accounts and
warrants resolved by the Legislature of this Province,
the only proper judges as they conceive in that case to
be due to the respective persons to whom they are
directed to be paid. On the other hand we have reason
to beleive that had there been any other just claims
they would have been exhibed to the Assembly after
21 months publick notice given. for that purpose.
We do not conceive that the Acts of a prior Assembly
can bind those of a subsequent one, as his Lordship
seems to insinuate; but to remove all doubts of that
nature the Assembly have now passed an Act for the
better explaining an Act of 1714 for paying the debts of
this Colony, etc., which we conceive will be a sufficient
answer to that part of his Lordship's memorial and will
leave him at liberty to apply for a proper remedy if he
has any just demand upon this Colony. The several
sums directed by this Act to be paid to the respective
members of the Assembly are in lieu of the wages they
would otherwise have received from the respective
countys and borroughs for which they serve, and that
Session being chiefly employed and drawn out into a
great length by their necessary proceedings on that Bill
they thought it more equitable that that expence should
be born by that fund than by the countys and borroughs,
nor did they expect any gratuity for doing an Act of
such publick and general justice and releif nor imagine
that such a conjecture could have been thought of.
Signed, A. D. Peyster, S. Staats, R. Walter, J. Beekman,
Rip van Dam, John Barberie, T. Byerley, W. Nicoll,
Speaker. Endorsed, Recd. 8th July, Read 10th Nov.,
1715. 2¾ pp. |
|
435. ii. Copy of Governor Hunter's Speech to the General
Assembly of New York, 3rd May, 1715. Refers to
attacks on his Government and Lord Clarendon's caveat,
etc. (v. supra and Sessional Papers). Printed. Endorsed
as preceding. 2 pp. |
|
435. iii. Earl of Clarendon to Governor Hunter. Maidstone
at Sandy Hook. July 31, 1710. I would not let Col.
De Peyster goe without troubling your Excellency with
these few lines to return you my most hearty thanks
for all your favours, and particularly at my goeing off,
it would be a great satisfaction to me if I could be
serviceable to you in anything where I am goeing.
Recommends to his protection Mr. Anderson the present
Sheriff of New York. I know some people will prosecute
him with the most extraordinary malice, etc., etc. Signed,
Clarendon. Endorsed as preceding. Copy. 1 p. |
|
435. iv. Extracts from a report by the late Chief Justice
Mompesson upon the maladminstration of the Government of New York [by Lord Cornbury ? 1710]. (1) Grants.
Grants have been made of all the lands that could be
discovered some of them in very large tracts and in
all that are good and valuable Mr. Fauconier and Mr.
Bridges and sometimes both are patentees. Afterwards
grants were made of such lands as should hereafter be
discovered, as to Capt. Symes of all the unpatented lands
on Staten Island, by which means several poor persons
who were by the permission and connivance of
the Government settled on small tracts of land where
neither the persons nor lands were of value to pay
the fees of a patent, are lyable (and already threatned)
to be turned out of possession and 'tis said the like grants
have been made on Hudson's River. Sed de hoc
quaere. Where persons have by licence purchased
lands from the Indians their lands have been granted
away to others. Dr. Staat's case concerning Wiwanda.
Grants have been made of lands formerly patented to
others, which former patents have thereby (as far as
in the Governour and Council lyes) been set aside, so
was Newton Patent in effect declared voyd tho under
the seal of the Province because not found on the
Records tho endorsed by the then Secretary to be
recorded, but part of the lands contained in that patent
were since granted to the town of Bushwich for £300
(as 'tis said), other part to Mr. Boudienot in discharge
of £300 due for the Lady Cornbury's funeral, other part
to Mrs. Bridges, Capt. Ashe, Mr. Hogland, Mr. Milward
and others for £400. Lands between high water and
low water mark on Staten Island lately granted to the
City of New York for £300 being the lands and lately
in the possession of several inhabitants of that Island
tho now covered with the sea, the land being washed
away. Some or at least one grant has been made without advice of the Council which is conceived to be against
the Queen's Commission or Instructions, as the house
in this City lately burned down said to belong formerly
to Governour Lovelace, and no person claiming from him
as heir at law the same was seized for the Crown and
lately granted privately to Wilson Ashe etc. After
these transactions a project was set on foot by Act of
Assembly to confirm all illegal grants and usurpations
on the Queen's lands, but a proviso of saveing the Queen's
right being tender'd was agreed unto in Council, and sent
as an amendment to the Assembly to which they
would not agree and the Council insisting on the
amendment and giveing their reasons for the same which
did not convince the Assembly though they did not
answer them, so that bill was dropt. (2) The Revenue.
From 29th Jan., 1690, until Aprill, 1691, Customs and
dutys were received by the Collr. tho not warrantable
by law, as appears by an Act then past to ennable H. E.
etc., and to indemnify the Collector; by that Assembly
a Revenue was granted for two years, which by several
Acts was enlarged and continued 'til 18th May, 1709.
The first Act says for the better defraying the publick
and necessary charges and expences of this Province.
None of these Acts had any appropriating clauses, but
by the Governour's instructions he is not to permit any
of the Revenue to be issued forth but by order of himself
by advice of H.M. Council, hence it follows that whatsoever was proposed by the Governour to the Council and
consequently whatever Mr. Fauconier demanded was
allowed of by the Council, and warrants granted accordingly, so the extravagant charges of one voyage to Albany
amounted to near £2,200 and no stint was put to the expence of firewood and candles for the Fort. New salarys
granted to several officers as in the Custom house and
Court of Admiralty, therefore most if not all of the
payments that Mr. Fauconier has made was by virtue
of such warrants, which cannot well be examined or
controuled but by the Auditor General, or the Assembly,
etc. The officers of the Goverment and others to whom
money is oweing on warrants think the late Act for
refunding £711 5s. misapplyed in the £1,800 tax very
greivous on them being to be raised out of the Revenue
which should grow due on or before Dec. 3rd then
following, being to reimburse Mr. Wenham and Mr.
Fauconier who had misemployed £500 and upwards
in the £1,800 tax formerly raised for building forts,
etc. on pretence that it was employed for the Queen's
service in payment of warrants which the officers say
were to defray the extravagant expences in the Albany
voyage, which if they ought to have been paid should
have given place to salary warrants. Nor was there
any reason to forestall the Revenue and raise an
interest of 10 p.c. to be paid out of the Revenue, if that
money had been employed in paying salary warrants
then due, they say 'tis plain that Col. Wenham and Mr.
Fauconier did not discharge their dutys, and if they are
moneys out of pocket there is no reason they should be
reimbursed out of moneys due to others who have
discharged their dutys, and the question is whether a
Revenue granted to the Queen can be taken from
Her Majesty even by Act of Assembly without H.M.
or the Lord Treasurer's express directions. The
Officers likewise suffer £500 and upwards by two
sallarys taken for the same office viz. by Mr. Fauconier
and Mr. Byerley, whereas if Mr. Byerley's suspension
was lawfull then the appointment of Mr. Fauconier
was so to and Mr. Byerley ought not to receive his
salary etc., or if unlawful, then Mr. Fauconier must
apply to him that set him on work for his wages, etc.,
but a double salary ought not to be paid out of the
Queen's Revenue for the same office at the same time,
etc. etc. Argued at length. (3) Courts of Common Law.
The Courts of Common Law having been sunk under ye
title Chancery, they were revived and established by the
Earl of Bellamont 15 May, 1699, the ordinance was
penn'd much after the same manner as the Acts of
Assembly had been, that ordinance was alterd by the
Lord Cornbury 3rd April, 1704, cheifly in these three
particulars the terms which were but twice in the year
before that, were then made four; each term had but
one return before, now two; causes under £20 might
not be commenced in the Supream Court, now they may.
Coll. Fletcher would never meddle with nor hearken
willingly to any discourse tending to the decision of
property, declareing often that he had nothing to doe
with things of that nature til they regularly came before
him by appeal or writ of errour, of late years the docquett of the causes depending in the Supream Court
must be brought to the Governour, and those persons
countenanced who were for trying in their common
discourse before him all causes depending in the Court,
and then every one would be for giveing his opinion,
and the Governour's was the law; and so the judges
and their proceedings censured. In the Jerseys it went
a little farther, for the Governour would order his
affairs so as to be always residing where the Supream
Court was held, and sometimes at special commissions,
as the last summer in Monmouth county, which was
looked on by all persons to be designed to awe and
influence the courts, and when indictments, as in the
last Supream Court at Amboy, were found by the Grand
Jury and presented to the court against several persons
for forgery, perjury, barretry, prophanation of the
Sabbath, and adultery, and the Queen's Attorney
General moved for process thereon which the court
awarded, because the persons thus presented were
favourites of the Governour the Attorney Gll. was
suspended (tho' since on application restored) and the
same was threatned to the Cheif Justice, and he was
by the Governour in publick company more than once
reprimanded for receiveing those indictments, and told
he ought not to have done it, but to have reprimanded
the Grand Jury for presenting them, neither ought he,
as the Governour said, to have awarded any process
on them tho' moved for by the Queen's Attorney, and
what he might have taken out of course without any
motion to the court, but being moved for the court could
not refuse granting it without denying justice. (4)
The Governour's granting warrants in his own name,
etc. Argued, that the King, and therefore his Governor,
cannot arrest any man for suspicion of treason or felony,
as any of his subjects may, because if the King does
wrong, the party cannot have his action, etc. Endorsed
as preceding. Copy. 12¾ pp. [C.O. 5, 1051. Nos.
10 (memorandum of letter only), 10 i.–iii.; and (copy of
covering letter without enclosures) 5, 1123. pp. 352–361.] |
| [May 21.] |
436. Representation of the Assembly of New Jersey to
Governor Hunter. Relate their differences with Lord Cornbury
and charge him with bribery, extortion and arbitrary government.
Ask for the removal of William Pinhorne, Roger Mompesson,
Daniel Cox, Richard Townley, Peter Sonmans, Hugh Huddy,
William Hall, and Jeremiah Bass from the Council. "If they
are continued, we must with our families desert the Province,
and seek some safer place of abode" etc. 9 Febr., 1710. Signed,
Will. Bradford, Cl. Endorsed, Recd. 8th July, Read 10th Nov.,
1715. Printed by William Bradford at the Bible in New York,
1710. 13 pp. Enclosed in preceding. [C.O. 5, 971. No. 6.] |
May 21.
New York. |
437. Governor Hunter to Mr. Popple. Having wrote
particularly to their Losps. about the Ld. Clarendon's caveats,
for they are all his, I shall only add to you to be communicated
to them if there be occasion, that his exceptions agst. the Jersey
bill is as ill grounded as the other, for when his emissarys in the
Council, Cox, Sonmans, etc., had made it impracticable to hold
an Assembly there to any purpose I was forc'd to wait H.M.
pleasure about their removeal, which was so long in procureing
that countrey was in arrear to the Government in a greater summ
and upon stateing and takeing the accts. of ye Expeditions with
other accts. of taxes the Assembly found a balance of so much
remaining in their Treasurer's hand wch. by a special Act was
given to me in so much of that which was in due to me. I believe
his Losp. would not have ask'd for an Act of Assembly in very
deed and the King never have been the richer for yt, but it is all
I have for my sallary for that time and when H.M. approves
the Act it is his gift. I know not if any thing be due to him there
but I'm sure he has given me no reason to solicite his payment.
I beg the favour of the continuation of that friendship which
has stood me in so much steed perhaps one day I may be able to
return it. Signed, Ro. Hunter. Endorsed, Recd. Read 9th
Aug., 1715. Addressed. Holograph. 2 pp. [C.O. 5, 971. No.
1; and 5, 995. pp. 304, 305.] |
| May 24. |
438. William Shirreff to the Council of Trade and Plantations. Nova Scotia having all it's supplies from Boston, and the
trade being ingross'd into the hands of a few men, they have
imposed extreamly upon that place. The officers say they have
paid 400 pr. ct. This usage is not only a great hardship upon the
officers, but hath caused ye Indeans as also most part of the
inhabitants frequently complain and retire from thence with
their furrs and other merchandize to Cape Breton, where all
manner of necessarys are furnished them att reasonable rates
(if not by the marchts.) out of the King's Magazine kept there for
supplying both officers and soldiers, and for the encouragement
of the savages and others to trade to that place. Proposes that
a similar Magazine may be established at Annapolis Royal.
Signed, Wm. Shirref. Endorsed, Recd. 24th, Read 31st May,
1715. 1¾pp. [C.O. 217, 1.No. 120.] |
May 24.
Whitehall. |
439. Mr. Secretary Stanhope to the Council of Trade and
Plantations. Encloses following for their report. Signed, James
Stanhope. Endorsed, Recd. 26th, Read 27th May, 1715. 1 p.
Enclosed, |
|
439. i. Extract of letter from M. le Comte de Pontchartrain
to M. d'Iberville, April 24 (N.S.), 1715. Complaint of a
debt owed by the English Consul at Tripoli. French. 1 p. |
|
439. ii. Extract of letter from Mr. Poullard to M. le Comte de
Pontchartrain, 14 Dec., 1714. Referred to in preceding.
French. 1 p. |
|
439. iii. M. le Comte de Pontchartrain to M. d'Iberville, 24th
April (N.S.), 1715. I sent you a letter on Nov. 7th
last from M. Soubras, Commandant at Isle Royale
formerly called Cape Breton, stating that on his arrival
he found that Captains de la Ronde and de Pensens had
been sent to Accadie in two separate ships, the first
by M. l'Hermite and the other by M. de St. Ovide on
the complaints of the French inhabitants of that Colony,
in order to obtain from Mr. Nicholson entire liberty for
them to withdraw with their cattle and grain to Isle
Royale. M. Pensens gives an account that by Mr.
Nicholson's permission these two officers assembled
the inhabitants in order to learn their intentions; that
upon their demand that there should be accorded to
them the term of one year in accordance with the 14th
Article of the Treaty of Utrecht, without any hindrance,
the decision was referred to the Court of London,
as likewise their demand to be enabled, during that time,
to transport their grain and cattle, build vessels for the
transport of their effects, and to receive from the French
the tackle, etc. for those they must build at Port Royal
etc. Moreover on the demand made for the publication
of an order granting them permission to sell their houses,
or grant powers of attorney for that purpose, it was
referred to the Queen, etc. You were instructed to
press for H.M. orders on these points. But as I have
received no communication from you for a long time
on this subject, you are to press for H.M. orders granting
the inhabitants of Accadie liberty to make a complete
evacuation of their moveables, which has been interrupted, Mr. Nicholson having deferred the execution of
everything until he should have received the decision
of the Court of London, etc. Copy. French. 2 pp. |
|
439. iv. Inventory and valuation of the houses and property
of the French inhabitants of Placentia, Nov. 5, 1714.
French. 46 pp. |
|
439. v. M. le Comte de Pontchartrain to M. d'Iberville, April
24th (N.S.), 1715. Encloses preceding, "sent to me by
M. de Costebelle, of Isle Royale. He has marked in the
margin those which have been sold (v. May 30), and represents that it is just that the Court of London should
make an equitable payment of the surrender which
each individual has made upon this occasion. H.M.
desires you to press the King of England to order
payment accordingly." Copy. French. ¾ p. |
|
439. vi. M. le Comte de Pontchartrain to M. d'Iberville,
8th May (N.S.), 1715. The King has been informed that
in spite of the orders which have been given to prevent
the English from trading in the French Islands of
America, this trade has so great an attraction for them
that they do not cease sending ships with considerable
cargoes, particularly to Martinique, and as such a trade
is prohibited in the French Colonies, where no foreign
ship can be allowed, just as it is strictly forbidden in the
English Colonies, His Majesty commands me to say that
he will be obliged to give suitable instructions for the
seizure of all foreign ships which shall go to our Islands,
and for the confiscation of their cargoes, and has written
to M. le Marquis du Quesne General of the Windward
Islands to inform the General of the English Islands
thereof, etc. You are to explain this matter to the
Ministers of the English King, etc. French. 1¼ pp.
[C.O. 194, 5. Nos. 93, 93 i.–vi.; and (without enclosures)
195, 6. pp. 105, 106.] |
May 30.
Whitehall. |
440. Council of Trade and Plantations to Mr. Secretary
Stanhope. Reply to May 24. Correspondence etc. quoted. Continue: By the 12th Article of the Treaty, there is an absolute
cession of Nova Scotia or Accadie wth. its ancient boundaries (in
which Cape Breton was formerly comprehended) and of the
inhabitants thereof to the Crown of Great Britain; But by the
14th Article, it is provided, that in all the places to be yeilded
and restor'd by the French King in pursuance of the sd. Treaty,
the subjects of the said King may have liberty (if they are willing)
to remove themselves within a year to any other place as they
shall think fit, together with all their moveable effects. From
whence it do's not appear (nor indeed by any other Article of the
Treaty) that the French have any pretence to dispose of their
habitations and other immoveable effects; and even as [? to] their
moveable effects they are limited by the said 14th Article, to a
year's time to remove the same, which time they elaps'd, as we
have been inform'd by Col. Vetch, who was then upon the place;
nor wou'd they have desir'd to remove at all, had they not been
threatned by the French to be treated as rebels in case they did
not. How far this is consistent with the Treaty, we humbly
submit to H.M. The French having elaps'd the time for removeing themselves and their moveable effects, we are humbly of
opinion that H.M. may forbid their carrying off their cattle and
corn of which they have great plenty, and unless that be done it
will be impossible without a very great expence and loss of time
to settle Nova Scotia which may be rendred by due regulations
of great advantage to this Kingdom. And for a further and full
account of the ill consequence of allowing the French to remove
their cattle and corn, we desire you will please to be referr'd to
our Representation of 17th March last. As to the estimate
of and demand for payment of the houses and gardens etc. in
Placentia formerly belonging to the French, the said demand
consists of two parts; the one for the houses, gardens etc. sold,
wch. amounts to 25,140 livres, those unsold to 203,615. Upon
this we take leave to observe, that by the 13th Article of the
Treaty of Peace, Newfoundland and all therein contain'd in the
possession of the French, is absolutely yeilded to the Crown of
Great Britain. But then by the 14th Article the inhabitants
have the same liberty to remove themselves and moveable
effects within a year. As there is no liberty granted them by
Treaty to sell and dispose of their immoveables, we do not see
any reason to allow the same. If that shou'd be done, there will
be nothing got either in Newfoundland or Nova Scotia by the
Treaty otherwise than as it is purchas'd from the inhabitants.
As to H.M. subjects trading to the French West Indies (v.
No. 439 vi.), we have not been inform'd that any such trade is
carry'd on between H.M. Colonies and the French. However
we readily agree that if it is, it ought to be prevented, and therefore
we offer, that all the Governors in America be strictly enjoyn'd
to see the Acts of Trade and Navigation duly put in execution,
and that they acquaint H.M. subjects in their respective Governments, that in case any of their ships be seiz'd and made prize of,
for trading to the French settlements as is intimated by M.
de Pontchartrain, they will not be reclaim'd by H.M. And that
the said Governors take care to make prize of all French ships
that come to trade in their Governments, of which they may
give notice to the French Govrs. in America. [C.O. 195, 6. pp.
106–112.] |
May 30.
Downes. |
441. Capt. Fotherby to Mr. Popple. Encloses following.
It being late before I gott into ye country, I could not have the
account soe perfect as otherwaise I should, but in general I found
that few fishing ships that were there had any certificate of
their clearings from any ports in England wether by neglect or
otherwaise I could not tell, soe it was impossible to know wether
they complyed wth. the Act in bringing over as many land men
as required as alsoe to oblige them to carry the men home
they brought into the country, they being soe disper(s)'d in the
land that I am afraid there were severall carryed for New England
after I left ye country, although I sent orders into all ye ports
that noe New England ship should presume to carry any of them
for that country, but just as I came away I received information,
that notwithstanding my orders, that a sloop had carryed off
three score from the bay of bulls. I was inform'd alsoe that there
had been a great deal of brandy brought directly from France,
but that the ships that brought it were sailed as I am afraid is
practised every year contrary to the Act of Parliament, our
forces not arriveing at Placentia till the begining of the year,
and the French being allow'd such a time after their arrival to
carry off their effects. I could get noe accot. of ye number of the
French that remained behind, but was informed by them that
came from thence that they believed there would not be any
that would stay behind, it was observed by the fishermen that
the fish did not come in uppon the coast that year till the season
used to be over of other years. Signed, Charles Fotherby.
Endorsed, Recd. 1st June, Read 6th Sept., 1715. Addressed.
Postmark. Seal. 2 pp. Enclosed, |
|
441. i. Scheme of the Fishery of Newfoundland (1714).
Fishing ships 66; Sack ships, 68; ships from America,
15. Burthen of fishing ships, 10,925 tuns; number of
men belonging to them, 1,966. Fishing ships boats,
441; by boats, 133, inhabitants' boats, 362. By
boatsmen, masters 128, servants, 873. Quintals of fish
made by fishing ships, 37,880, by by boats, 18,825, and
inhabitants' boats, 42,151. Total, 98,856 quintals;
carried to market 91,709. Train made, 1,433 hhds.
No. of stages, 329. Inhabitants: men, 2,625, women,
209, children, 330. 1 p. [C.O. 194, 5. Nos. 98, 98 i.;
and 195, 6. pp. 119–122.] |
May 30.
Whitehall. |
442. Mr. Secretary to the Council of Trade and Plantations.
Encloses following "representations from Mr. D'Iberville, the
French envoy," for their report. Signed, James Stanhope.
Endorsed, Recd. 30th, Read 31st May, 1715. ¾ p. Enclosed, |
|
442. i. Extract of letter from M. le Comte de Pontchartrain
to M. D'Iberville, 29th May (N.S.), 1715. The
English fishermen of Boston and Accadie having fished
last year to the number of more than 200 boats on the
banks near Port St. Pierre now called Port Toulouze
which are part of the mainland of the French coast,
you are to complain to the King of England in order
that he may give orders that such a thing may not
occur again this year. French. ¾ p. |
|
442. ii. Extract of letter from M. le Comte de Pontchartrain
to M. d'Iberville, 29th May (N.S.), 1715. M. de
Costebelle, Governor of Isle Royale, informs me that the
French inhabitants of Acadie have had orders from
General Nicholson to go promptly to that Island under
penalty of imprisonment. One of them has been put
[in prison] for having tried to give some reasons. The
Governor observes that they have asked to remain in
Acadie till the spring in order to keep their families
alive, but permission has been contemptuously refused,
and it is intended to oblige them to abandon their
families and lands. You are to complain to the King of
England, and obtain his orders that the French should
not be thus maltreated by General Nicholson, the more
that the difficulties put by the English in the way of
taking away their moveables, and selling their immoveables are entirely contrary to justice and the agreements
arrived at between that General and two Captains of
Isle Royale who were sent to Annapolis last summer.
His Majesty is therefore obliged to send one of his
ships to embark the inhabitants, and you are to ask
permission for this from the Court of London. French.
2½ pp. [C.O. 217, 1. Nos. 121, 121 i., ii.; and 218, 1.
pp. 226–228.] |
May 31.
St. James's. |
443. H.M. Warrant appointing Samuel Woodward Secretary
of the Massachusets Bay. Countersigned, James Stanhope.
Copy. [C.O. 5, 190. p. 280.] |
May 31.
Whitehall. |
444. Mr. Secretary Stanhope to the Council of Trade and
Plantations. I must desire the favour of you to give me what
information you are able, whether Newfoundland was entirely
in the possession of England, or if any other Prince had any
part of it in the year 1670, when the Treaty was made between
this Crown and Spain by Sr. William Godolphin. Signed, James
Stanhope. Endorsed, Recd. 31st May, Read 1st June, 1715.
1 p. [C.O. 194, 5. No. 94; and 195, 6. p. 113.] |
