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June 7.
New York. |
963. Governor Lord Cornbury to the Council of Trade and
Plantations. In my letter of Nov. 18, 1706, I did acquaint
your Lordshipps that the Assemby of New Jersey, which
was to have met at Amboy on Oct. 24, did not sit by reason
of the Speaker's indisposition and the absence of severall of the
Members who did not think fit to attend their duty, and that
I had adjourned the Assembly to meet at Burlington March 12,
170 6/7, and that after that, I had resolved to dissolve that Assembly,
which I did, and issued writs for the chusing a new Assembly
according to the directions contain'd in H.M. additionall
Instruction, they were to meet on March 25 at Burlington, but
all the Members did not get together till April 5, on which day
I directed them to chuse a Speaker, whom they presented to me
on April 7, their choice fell upon Samuell Jennings, a Quaker,
who had been a Member of the Councill, and but the last fall
had desir'd to be dismiss'd from the Councill for the reasons
I then acquainted your Lordshipps with, but now it appeared
very plainly that the true reason why he desired to be dismiss'd
from the Councill was that he might be chosen into the
Assembly, where he knew he could oppose the Queen's service
more effectually then he could doe in the Councill, I was once
of opinion that I ought not to admit a man to be Speaker of
the Assembly, who had refus'd to continue to serve the Queen
in the station H.M. had been pleased to put him, but having
communicated my thoughts to some of the Councill, and
particularly to Coll. Quary, they told me they did not like the
man, but they were of opinion that if I did reject him, the House
would make use of that as a handle to refuse the doing anything,
that therefore they could wish I would allow their choice, that
they might have noe excuse, upon this I did allow the choice
they had made of Jennings to be Speaker, and in my Speech
I acquainted them what I thought necessary to be done (enclosed).
The Assembly met, and instead of proceeding upon the matters
I had proposed to them, or upon any other thing that might
have been of use to the country, they set up a Committee of
Grievances, and spent a whole month in finding out grievances
which noebody in the Province had heard of before; what those
were your Lordshipps will perceive by the enclosed paper, which
is a true copy of the Remonstrance they deliver'd to me, and
the answer I made to it, and which I did not deliver to them
till I had imparted it to the Gentlemen of the Councill, who all
approved of it, except Mr. Deacon, who is a Quaker; and now
I beg leave to disgresse a little to acquaint you with the behaviour
of Mr. Lewis Morris, your Lordshipps were pleased to command
me to restore Mr. Morris to his place in the Councill upon his
submission, in answer to which I did acquaint you that as soon
as Mr. Morris should doe the one I would immediately doe the
other, but he has been soe farr from making the least submission
that he has never come near me since I received your Lordshipps'
commands, but among his friends he has bragged that he could
take his place in the Councill when he pleased, but that he did
not vallue that, and indeed since it appears what his intent was,
for he has got himself chosen of the Assembly, and Morris and
the Quaker, Samuel Jennings, are the two men that have hindred
the Assembly from setling a Revenue, or from doing anything
else this last Sessions. Mr. Morris is the man that drew the
Remonstrance, he is the man that mov'd the severall heads in
the House, and that caused all the resolutions of the House to
be entred in the Journalls nemine contradicente, when some
Members were absent, and others who were present dissented,
as severall of them have told me. In the beginning of the
Assembly when they agreed to find out grievances to amuse
the ignorant people, and squander away the time, the House
resolved itself into a Committee of the whole House to seek after
grievances, or rather to receive the heads of imaginary grievances,
the produce of Mr. Morrisses peevish brain, the first step they
made was to order their Clerk to withdraw, he told them he could
not doe it without a breach of his oath, that he was an Officer
appointed by the Gouvernment, and under an oath to attend
the service of the House at all times. Mr. Morris told him that
he was the servant of the House, and that the House might doe
what they pleased with their servants, he told Mr. Morris that
he was a servant to the Queen, as well as to the House, and that
the ordering him to withdraw looked as if he had something
to say that he was not willing the Gouvernor should know, upon
this they would not suffer the Clerk to take the Minutes, but
appointed one of their own Members to act as Clerk, hearing
of this, I sent for the House, and told them in a short speech
how irregularly they had proceeded, and advised them to take
into consideration those things I had recommended to them,
in a few days after they addressed to me for another Clerk,
complaining against Mr. Anderson, who was then their Clerk,
for the answer he had given Mr. Morris, which they pretended
was given to the House, Mr. Anderson was made Clerk to the
Assembly upon the recommendation of severall of the Councill,
and severall of the Members of the first Assembly, even some
of those who now are so angry with him, he is an honest, sober
man, and a good Christian, and has behaved himself with
unspotted fidelity and unwearied dilligence and care in his place,
neverthelesse because I would [le]ave those Gentlemen without
any excuse for their not dispatching the matters before them,
I did remove Mr. Anderson, and I put in one Mr. Pinhorn, son
to one of the Gentlemen of the Councill, and one against whom
they can have noe objection that I know of, neverthelesse they
would not suffer him to serve as Clerk to the Committee of the
whole House, but made one of their own Members act as Clerk,
which can be for noe other reason but because they would not
have me know that they were doing, they proceeded in the same
manner that they had done before, and thinking they had found
out something to accuse me of, they sent for severall persons
in custody of their Sergent at Arms, and examined them upon
oath, hoping to prove that a certain sum of money was raised
privately, and given to me to procure the dissolution of the first
Assembly, but when the witnesses had said what they could,
they found it would not answer their expectation, then Mr. Morris,
who was Chairman of the Committee of the whole House, tendred
an oath to Capt. John Bowne, one of the Members, Capt. Bowne
told him he had noe power to administer an oath to him, and
therefore he would not take it; upon this the House expelled
Capt. Bowne, and then went on in making such votes as they
thought fit, out of which they framed their Remonstrance, etc.
I must beg your Lordshipps soe farr to stand my friends with the
Queen that I may have leave to take such measures to obtain
satisfaction from those Gentlemen for the extravagant injury
they have done me, as the Law will allow; this, I hope, will
not appear unreasonable, and therefore I take the liberty to
ask your favour in this matter. Upon this occasion I think myself
obliged to observe some things to your Lordshipps, and
particularly with respect to the Assemblys in these parts, the
Queen is pleased to command those that have the honour to
serve H.M. as Gouvernors of Provinces to call and hold Generall
Assemblys, the Gouvernor in obedience to those commands
issues writts to call an Assembly, which meets at the time appointed,
the Gouvernor, after they have chosen a Speaker, acquaints them
what he thinks necessary or proper to be done that Sessions,
the Assembly does not like some of the things proposed to them,
(tho' perhaps they are propos'd to them by the Queen's immediate
command) they trifle away their time, severall Members obtair
leave to goe into the country upon their private affairs, the House
by that means grows thinn, and then noe businesse can be done,
so the Gouvernor is forced to adjourn the Assembly to another
time, when that time comes, the Members being resolved not
to doe what is required, the major part of the Members don't
appear, soe there can be noe Assembly, noe support can be had
for the Gouvernment, nor can anything else be done for the good
of the Country, this has been the case more than once in the
Province of New Jersey, and particularly the last Fall, when the
Assembly was to have met at Amboy; it has been said by severa
persons that it is true the Gouvernor has a negative voice, and
we can fit him as well, for if we don't meet he can have noe
Assembly, and then nothing can be done, he can't force us to
attend if we have noe mind to it; he can but dissolve the
Assembly, and call another, most of the same men will be chosen
again, and they will take the same course; and indeed I must
say, that will be the case as long as the Quakers are admitted
to serve in the Assembly; I wish some method might be found
to oblige the members, when chosen, to attend their duty, it
is noe small charge to me, and to the Gentlemen of the Councill,
to attend upon all occasions of the sitting of the Assembly, but
that we are well contented with, but we can't help being
concerned to find our endeavours defeated by a few obstinate
fellows, who would never, if they could help it, be under any
Government but their own; I hope your Lordshipps will be
pleased to consider this matter, and favour me with your commands
in it; In Washington's Abridgment, 7th and 8th of King William
cap. 34, relating to Quakers, in the 7th paragraph, it is said,
"Noe Quaker or reputed Quaker shall by virtue of this Act be
quallified to give evidence in any criminall cause, to serve on
any Jury, or bear office or place of profit in the Gouvernment."
For this reason I have not suffered any Quaker to have any office
in the Gouvernment of New York, but in the Gouvernment
of New Jersey the Queen was pleased to command me to admit
such Quakers as were capable into any office, in obedience to
which I have put severall of them into imployments, but I have
always found them obstinate, unwilling to be ruled, never forwarding, but still interrupting businesse; what Quakers would be
had they power in their hands, and which they are very fond
of, appears very plainly in the Province of Pensilvania, where
noe man can tell what is his own, or how to get what is justly
his due; and now I am mentioning Pensilvania, give me leave
to mention an accident that hapned in those parts lately, when
I was last at Burlington, I thought it a proper time to visit the
lower parts of the Province of New Jersey, in order to the doing
whereof, I ordered a sloop to be got ready to carry me to Cape
May, which is about 150 miles from Burlington downe the River
Delaware, and is the extreamest part of the Province of New
Jersey Southward. I proceeded on my voyage as farr as 6 miles
below Salem, which is about 80 miles below Burlington, and
there meeting with contrary winds, I put into Salem, where I
stayed severall days windbound, it seems during the time I was
at Salem, Col. Evans was beginning to erect a fort at Newcastle,
and had got an Act of Assembly past in the Lower Countys
for the laying a duty of half a pound of powder a tonn upon all
vessells that should sail by Newcastle, and the intent of that
Fort was to make them pay it; a sloop belonging to some of the
chief Quakers of Philadelphia being laden, and ready to sail for
Barbadoes, came downe the River, when she was within a mile of
Newcastle the Custome-house officer went off and went on board
the sloop, demanded of the Master his register, and his clearing,
which he readily produced, the officer told him he must come
to an anchor, upon that one of the owners told the Customehouse officer that the wind being fair, it would be a great prejudice
to them to be stopped a whole tide, espetially considering that
Northerly winds are very seldom to be had in the spring, the officer
told him if he would not come to an anchor, he would carry away
his register, which he had in his hand, upon that the owner
snatcht the register out of the officer's hand, upon which the
officer went into his boat and went on shore, the sloop continued
her course, and when she came over against Newcastle, Coll.
Evans ordered a gun to be fired at her, which was done, a second
gun was fired, which went over her, but the sloop made all the
sail she could in order to get down to Salem, Coll. Evans took
his boat and pursued the sloop, and ordered the Custome-house
officer to doe the same, which he did, but the wind blowing pretty
fresh, the sloop outsailed them, and came to an anchor under
the stern of my sloop, the owners hoping that would have
protected them, it being another Government, but Coll. Evans
went on board the sloop and after having given the Master a great deale of ill language and struck him, he forced him into
his boat and sent him to Newcastle to prison, in the meantime
Coll. Evans had sent his Navall Officer to Salem, where I was
(which is 3 miles up a creek) to complain to me of the Master,
and to tell me that he was coming himself after him for the same
purpose, I stayed something above an hour expecting his coming,
but seing he did not come, by the complaint one of the owners
had made to me, I did believe he intended to carry away the
sloop, which I was resolved not to suffer; soe I ordered my boat
to be got ready, and Coll. Ingoldesby offering to goe, I directed
him to bring up the Master, and to order the Master of my sloop
not to suffer the other sloop to stirr, but if anybody offered to
weigh her anchor, to fire upon them; he went downe and found
Coll. Evans on board the Philadelphia sloop, he told Coll. Evans
that he had done very ill, and that he would doe very well to
satisfie me, if he could; upon that Coll. Evans came to Salem with Coll. Ingoldesby, as soon as he came into the house where
I was, he desired to speak with me in private, I tooke him into
my chamber, there he made great complaints of the Master of
that sloop, I asked him where the Master was, he told me he
had sent him to Newcastle, I asked him by what authority he
had seised a man in my Government, he said, it was upon the
water, I told him that was as bad, for that he had noe Commission
from my Lord High Admirall, and consequently had noe power
upon that river, I told him I would not give one word of answer
to his complaints till he produced the Master, and the officer
that had dared to carry him away, he told me he was sensible
he had committed an error, that he would immediatly send
for the Master, but begged I would not insist upon having the officer
because he had done nothing but by his order; he did send for
the Master, who was brought to me in few hours; then I heard
Coll. Evans, the Master and the owners, and I found upon hearing
of them all, that the only complaint Coll. Evans had to make
was their passing by Newcastle without paying the powdermoney; I thought that was not cause sufficient to stop the Master,
soe I dismissed him in order to proceed on his voyage, which he
did next day; afterwards I told Coll. Evans I thought it was
very odd that the Assembly of Newcastle should pretend to taxe
the Queen's subjects for trading from one Province to another,
and both under the Queen's immediat Government, and where
the people of Newcastle have nothing to doe, for if all vessels
must pay powder-money, then sloops trading from New York
to Burlington, and those trading from Cape May, and Salem,
to Burlington must pay, tho they have nothing to doe with
Newcastle, I told him further that if I heard he made any of our
sloops pay, I would soon get some guns down to Elsingburgh
Point (which is a place where the Swedes had formerly a fort)
and is below Newcastle, and would make every vessell that went
up the river or down, pay three times as much as he did; soe
how [he will treat our people I cannot yet tell]. I ask your
Lordshipps' pardon for this long digres[sion, and return to New
Jersey], where the Quakers who are in the Assembly have declared
they will [never pass] any Militia Act, they say they will have
noe Militia, but that will not be in their power nor choice, though
the people are refractory enough, and indeed we want a good
Act for regulating the Militia in all these parts very much, but
I despair of getting any such Bill passed in New Jersey, as long
as the Quakers are allowed to serve in the Assembly. Your
Lordshipps will perceive by the Remonstrance the Assembly
thought fit to give me, that they say, "It is notoriously known
that many considerable sums of money have been raised to
procure the dissolution of the first Assembly, to get clear of the
Proprietors' Quit-Rents, and to obtain such officers as the
contributors should approve of. This House has great reason
to believe the money so gathered was given to the Lord Cornbury,
and did induce him to dissolve the then Assembly, etc." As
for all the rest of their Remonstrance, I referr your Lordshipps
to my answer, which I intreat you to believe is true in every
part, and to the truth whereof I will make oath whenever your
Lordships shall require it; but the words above-mentioned
seem of soe extraordinary a nature, that I think my self obliged
(besides what I have said on that subject in my answer) to assure
your Lordshipps that if any such sums of money have been raised,
I am intirely a stranger both to the raising and the disposall
of it, if I had been soe greedy of money, I should have taken
the 1,200l. that was offered me to perswade me to passe a certain
long Bill the Assembly offered to me the first Sessions of the
Assembly, which offer I rejected with contempt; then for the
Proprietors' Quit-Rents, it is soe farr from what they say, that
every Sessions I have recommended it to the Assembly to prepare
a Bill or Bills to settle the rights of the Proprietors, which certainly
I should not have done, had I taken money to get clear of the
Proprietors' Quit-Rents, as they call it, as for obtaining officers,
as I know of noe contributors, soe I am sure, no man has made
any application to me upon that subject, and I doe assure your
Lordshipps that I have not put in one person into the Commission
of the Peace, nor Millitia in the Province of New Jersey, but such
as have been recomended to me by some one, or more, of the
Gentlemen of the Councill, or the Collonels of the Regiments,
this being truth, as most certainly it is, I hope their saying they
have great reason to believe the money was given to me, will
have no credit with your Lordshipps; I did intend to have sent
the Journall of the House by this opportunity, but the Clerk could
not get it ready in soe little time; If I have been anything harsh
in my answer to the Assembly, I hope you will be pleased to
consider the provocation I had, which I believe is without paralel;
I am informed the Gentlemen of the Councill are preparing an
addresse to H.M. to inform the Queen of the state and condition
of the Province of New Jersey. Signed, Cornbury. Endorsed,
Recd. Jan. 27, Read Feb. 11, 1707/8. Holograph. 6 pp.
Enclosed, |
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963. i. Governor Lord Cornbury's Speech to the Assembly
of New Jersey, Burlington, April 9, 1707. I am glad
to see so full an appearance at the beginning of ye
Sessions, I could have wished the rest of the Members
had attended their duty to their Queen and Country
likewise, etc. The first thing I shall recomend to
your consideration, and wch. I have in command
from ye Great Queen of England, my Mistress, is, that
you settle such a revenue upon H.M. as may be sufficient
to support ye dignity and supply all the necesssary
charges of Governmt., and because it has been represented to the Queen yt. ye Country is not yet able to
answer very great taxes, H.M., who is always solicitous
for ye ease of her subjects etc., has commanded me to
acquaint you, that she is graciously pleased to accept
of 1,500l. a year in lieu of 2,000l., wch. was granted
for two years, wch. ended on Dec. 13. The Queen
expects it should be settled for 21 years. The next
thing wch. I most earnestly recomend to your serious
consideration is ye preparing a Bill or Bills, whereby
ye right and property of ye General Proprietors in the
soil of this Province may be confirmed to them, and
likewise for ye confirming ye particular titles of all ye
inhabitants and purchasers claiming under them. This
I have recomended every Sessions since I have had
ye Honor to serve H.M., what has hindred it till
this time, I will not undertake to say, but sure I am
that nothing can contribute more to ye settlement,
welbeing and happiness of this people, etc. The Highways directed to be laid out by a former Act, have not
been laid out according to the directions of that Act,
tho' the Commissioners have been often called upon
to do their duty. I cannot but take notice yt. the
Bridges are in so ill a condition, yt. after any sudden rain
it is very dangerous to go over them, I think if a tax
were laid for the building of bridges and good managers
appointed for ye laying out yt. money, and seeing ye
work effectually done, it would not only be a conveniency
and safety to travellers and traders, but it would be
less charge and trouble to the people, for then a very
small charge with care would maintain them many
years. I think it my duty to recomend to you ye
preparing a Bill for the settling ye qualifications of
persons to serve upon jurys, the lives of men and ye
titles of their estates are often lyable to be called in
question, and I think it is not proper that every idle
person should be capable of serving upon those occasions.
I have often recomended a Review of the Laws in
force in this Province before ye Government was
surrendred to H.M., perhaps some may be found fit
to be re-enacted in ye same words they are now
conceived, or at least with some amendments may be
made fit for the Queen's approbation, if such are, you shall
always find me ready to receive them. H.M., who is
desirous yt. all her subjects may equally enjoy ye benefit
of Trade without incroaching one upon ye other, expects
yt. a Bill or Bills be past to lay ye same dutys and
impositions upon goods imported into, or exported
out of this Province as are paid by her subjects of ye
neighbouring Province of New York. The Act for
settling ye Militia is expired. I propose to you ye
reviving that Act for ye ease of the people, for if it
is not revived, I must govern myself with respect to
the Militia according to ye Laws of England, which
will not be so easy, especially to some people, as yt.
Act was. Recommends dispatch. The best way to
attain that will be to lay aside all private animosities,
yt. you may the more freely apply all your thoughts
and your time to ye service of the Queen and your
Country. Endorsed as preceding. Copy. 2 pp. |
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963. ii. (a) Remonstrance of the Assembly of New Jersey
to Governor Lord Cornbury. We are heartily sorry
that, instead of raising such a Revenue as is by ye
Governor (as we suppose by ye Queen's directions)
required of us, we are obliged to lay before him ye
unhappy circumstances of this Province, etc. It's
our misfortunes extorts this procedure from us, etc.
We may not perhaps rightly apprehend all ye causes
of our sufferings, but have reason to think, yt. some
of them are very much owing to ye Governor's long
absence from this Province, wch. renders it very difficult
to apply to him in some cases, that may need a present
help. It were to be wished that the affairs of New
York wd. admit ye Governor oftner to attend those
of New Jersey, he had not then been unacquainted with
our grievances, and we are inclin'd to believe they
would not have grown to so great a number. (1) Some
persons under sentence of death for murder, have not
only remained until this time unexecuted (they being
condemned not long after Lord Cornbury's accession
to this Government), but often have been suffered
to go at large. It's possible the Governor has not been
informed that one of these persons is a woman who
murthered her own child, another of them a woman
who poisoned her own husband, ye keeping of them
so long has been a very great charge, and how far it's
a reflection on ye public administration to suffer such
wretches to pass wth. impunity, we dar not say, but
sure ye blood of those innocents crys aloud for vengeance,
and just Heaven will not fail to pour it down upon our
already miserable Country, if they are not made to
suffer for their demerits. (2) We think it a great
hardship that persons accused for any crime, should
be obliged to pay Court fees, notwithstanding the Grand
Jury have not found ye Bill agst. them, they are men
generally chosen out of ye neighbourhood, and should
be the most substantial inhabitants, who cannot well
be supposed to be ignorant of ye character of ye person
accused, nor to want as good information as may be
had; when therefor they do not find the Bill, it's very
reasonable to suppose ye accused person innocent,
and consequently no fees due from him. We pray
therefor that ye Governor may give his assent to an
Act of Assembly to prevent ye like for ye future, otherwise no person can be safe from ye practices of designing
men, or ye wicked effects of a vindictive temper. (3)
The only office for Probat of Wills being at Burlington,
it must be very expencive and inconvenient for persons
who live remote to attend at it, especially for the whole
Eastern Division. We therefor pray the Governor
will assent to an Act to settle such an office in every
County, or at least in each division of this Province,
and that ye officers may be men of good(s) estates
and known integrity in the said County or Division. (4)
The Secretary's office is not also kept at Amboy, but
all the Eastern Division are forced to come to Burlington
that have any business at that office. This seems
inconsistant with the present Constitution, which doth
not admit one of the Divisions of this Province to enjoy more privileges than the other. We therefore
desire the Governor's assent to an Act to oblige the
Secretary to keep his office at both places. (5) The
granting of patents to cart goods on the road from
Burlington to Amboy for a certain number of years,
and prohibiting others, we think to be a great grievance,
that it is contrary to the Statute Ja. I. Ch. 3 against
Monopolies, and being so, we doubt not but will easily
induce the Governor to assent to an Act to prevent
all such grants for the future, they being destructive
to the freedom that Trade and Commerce ought to
have. (6) Establishing of fees by any other power
or authority than by the Governor, Council and
Representatives met in General Assembly, we take to
be a great grievance, directly repugnant to Magna
Charta, and contrary to the Queen's express directions in the Governor's Instructions. Pray the Governor's
assent to an Act to settle fees, without which we think
no more can be legally demanded than the persons
concerned by agreement oblige themselves to pay.
(7) The Governor's putting the former public Records
of the Eastern Division into the hands of Peter Sonmans,
the pretended Agent of the Proprietors, one that doth
not reside in the Province, nor has not given security
for the well and true keeping of them as is by ye Queen
directed; and keeps them so that H.M. subjects cannot
have recourse to them, and their being carried out of
the said Division, is a great and crying grievance, they
are the only evidences that one half of this Province
has to prove the titles of their estates, and this House
is humbly of opinion that they ought to be so kept
that persons may have recourse to them, and in the
hands of such of whose fidelity there is no reason to
doubt, this being a thing so reasonable incourages us
to request ye Governor to assent to an Act to be passed
to put them in proper hands for ye future, that the
Country may not be under ye same disappointments
they now are. (8) There are other grievances of an
higher nature, and attended with worse consequences.
We did expect when the Government was surrendred
to feel the benign influences of the Queen's mild Government, and to be protected in the full enjoyment of our
Liberties and Properties, the last of which we thought
ourselves something more secure in than some of the
neighbouring Plantations etc. It's our misfortune that
we must say the success has not answered the expectation, and the Queen's subjects here have felt the reverse
of what they had most reason to hope. That greatest
and best of princes is without all peradventure ignorant
of our pressures; she has more of Heaven in her, than
not to hear the cry of those that groan under oppression
and the unkind effects of mistaken power, to whom
we owe our miseries. (9) The Governor has prohibited
the Proprietors' Agents, commonly called the Council
of Proprietors from granting any warrants for taking
up of lands in the Western Division. We cannot see
by what Law or Reason any man's property can be
disposed of by ye Governor, without his consent; the
Proprietors, when they surrendred the Government
did not part with their soil, and may manage it as they
think fit, and are not to take directions from any persons
whatsoever, how and when to do it, if any person
concern'd be agriev'd, the Laws are open, by which
disputes on property are decided, etc. We are very
sorry the Governor gives us occasion to say, it is a great
incroachment on the Proprietors' properties. But we
are not surprised at it, when a greater incroachment
on our liberties led the way to it, and that was the
Governour refusing to swear or attest 3 Members of
the last Assembly, etc. We are too sencibly toucht
with that procedure, not to know what must be the
unavoidable consequences of a Governor's refusing
to swear which of the Members of an Assembly he
thinks fit, but to take upon himself the power of judging
of the qualifications of Assembly men, and to keep
them out of the House, as the Governor did the aforesaid 3 Members nigh 11 months till he was satisfied
in that point, after the House had declar'd them
qualified, is so great a violation of the liberties of the
people, so great a breach of the privileges of the House
of Representatives, so much an assuming unto himself
a negative voice to the Freeholders' election of their
Representatives, that the Governor is intreated to
pardon us if this is a different treatment from what
he expected. It is not the effect of passionate heats,
or the transports of vindictive tempers, but the serious
resentment of a House of Representatives for a notorious
violation of ye Libertys of the people, to whom they
could not be just, nor answer the trust reposed in them,
should they decline letting the Governor know they
are extremely dissatisfied at so unkind a treatment,
especially when its causes and effects conspire to render
it so dissagreable. (10) It is notoriously known that
many considerable sums of money have been raised
to procure the dissolution of the first Assembly, to get
clear of ye Proprietors' Quit-Rents, and to obtain such
officers as the contributers should approve of. This
House has a great reason to believe the money so
gathered was given to the Lord Cornbury, and did
induce him to dissolve the said Assembly, and by his
own authority keep 3 Members out of the next Assembly,
and put so many mean and mercenary men into office,
by which corrupt practice men of the best estates are
severely harassed, H.M. good subjects in this Province
so impoverished, that they are not able to give that
support to H.M. Government as is desired, or as they
would otherwise be inclined to do. And we cannot
but be very uneasy, when we find by these new methods
of Government, our liberties and properties so much
shaken, that no man can say he is master of either,
but holds them as tenants by curtesie, and at will, and
may be stript of them at pleasure: Liberty is too
valuable a thing to be easily parted with, and when
such mean inducements procure such violent
endeavours to tear it from us, we must take leave to
say, they have neither heads, hearts, nor soul that
are not moved with the miseries of their country, and
are not forward with their utmost power lawfully to
redress them etc. May 5, 1707. Signed, by order
of the House, Sam. Jenings, Speaker. |
|
(b) Abstract of Governor Lord Cornbury's Reply
to preceding. On Thursday last I received above
Remonstrance, but, because I would not put it in your
power to say I had given a rash, inconsiderate answer,
I would make no return to it, till ye Saturday following,
at [which ?] time I sent you word by the Secretary that I
should not expect your attendance till this [day ?]. I
have been in this Province twice every year, and have
never stayed less than a month, sometime(s) 6 weeks
or more. The Post goes every week to New York,
and the Lt. Governor resides constantly in this Province,
and would certainly have done right to any person
that would have complain'd to him, which makes this
allegation appear very frivolous. The affairs of New
York have never hindred the Governor from attending
those of New Jersey. I don't know of any grievances
this Province labours under except it be the having a
certain number of people in it, who will never live
quietly under any Government, nor suffer their
neighbours to enjoy any peace. (1) The two women
have not been executed, there having appear'd most
notorious malice and revenge in some people who were
zealous in those prosecutions. The Queen is ye fountain
of Honor, Justice and Mercy, and may reprieve or
pardon any criminal. That power H.M. has been
pleased to intrust me with, and I am no wise accountable to any person for what I do in those matters, except
to the Queen's Majesty alone. As to the vengeance
of just Heaven, I am of opinion that nothing has hindred
it from falling upon this Province long ago, but the
infinite mercy of God, who has been abundantly provoked by ye repeated crying sins of a perverse generation
among us, and more especially by ye dangerous and
abominable doctrines, and the wicked lives and practices
of a number of people, some of whom, under ye pretended
name of Christians, have dared to deny ye very essence
and being of the Saviour of the World. (2) If you
had asked any man that knows anything of the practice
of ye Law in England, you would have found that
if any proceedings have been carried on against any
persons supposed to be guilty, they have always paid
ye Court Fees, notwithstanding the Grand Jury have
not found the Bill. Indeed, if Juries in this Country
were [what] they ought to be, the supposition might
in some measure be allow'd, but we find by woful
experience, that there are many men who have been
admitted to serve upon Grand and petty juries, who
have convinced the world that they have no regard
for ye oaths they take, and especially among a sort of
people, who under ye pretence of conscience refuse
to take an oath, and yet many of them, under the cloke
of a very solemn affirmation, dar commit the greatest
enormitys especially if it be to serve a Friend, as they
call him, and these are the designing men, and the
vindictive tempers, of which all the Queen's good subjects
ought to beware, etc. (3) If I could perswade myself to
wonder at any of ye enormities contain'd in this
Remonstrance (and which I should do, if it came from
any other men), it should be at this, because no
reasonable man [can] easily perswade himself to
believe that a number of men, chosen by their Country
[men] to represent them, would presume to complain
of a thing as a grievance, when ye thing complained
of is in fact not true. For the Office of Probats of Wills
is, wherever ye Governor is. Every year I have been
at Burlington and Amboy, except the last year, when
I had the unspeakable misfortune of losing a wife, whom
I loved as much as my own soul, after a very long,
tedious sickness, during which no reasonable man
could expect I should leave her for any time, and yet
notwithstanding that, I was twice at Amboy last year,
where anybody that had a will to prove, might have
had it done. Besides, considering the remoteness of
Cape May County and the County of Salem, I did appoint
a Surrogate at Burlington, before whom any of the
inhabitants of either division might have had their
wills proved. I did not think it necessary to appoint
one in the Eastern Division, because the inhabitants
of that Division, who are most remote from New York,
are within a very easy day's journey of my Surrogate
at Burlington, and much the major part of the people
of that Division are within a very small day's journey
of New York, where their private affairs dayly calls
many of them, and where any of them may have their
wills proved, without any injury to, or incroachment
upon their properties, rights, or privileges. All
judicious and impartial men will look upon this complaint to be malicious, scandalous and frivolous,
contriv'd only to amuse poor ignorant people, etc.
Besides, what you desire is a direct invasion of the
Queen's Prerogative, for it belongs to H.M. alone to
appoint who shall take probats etc., and that power
the Queen has been pleased to vest in the Governor, etc.
Of all people the Quakers ought to be the last to complain
of the hardships of travelling a few miles upon such
an occasion, who never repine at the trouble and charges
of travelling severall hundreds of miles to a yearly
Meeting, where it is evidently known that nothing
was ever done for the good of the Country, but on the
contrary, continual contrivances are carried on for
the undermining the Government, both in Church
and State. (4) You have had as little regard to ye
truth of matter of fact in this complaint as in some
of the rest. For it is certain vt. the Secretary's Office
is kept at Amboy as well as at Burlington, as far as
the nature of the thing requires, and it can admit of,
for the Records of the Eastern Division are kept in
the Eastern Division, or at least so many of them as
the Agent for ye Proprietors of that Division could
hitherto recover from one Thomas Gordon, into whose
hands they were put in the time of the Proprietary
Government, and who has imbezled several of them,
for which he must be answerable. There is a Supreme
Court held once every year at Amboy, there is no more
at Burlington, so that one Division does not enjoy more
privileges and advantages than the other. And you have
no more reason to desire a Secretary's Office to be settled
at Amboy than the people of the County of Cumberland
would have to desire a Secretary of State's Office to
be settled in their County, because it is a great way
for them to travel to London. The thing is inconsistent
in itself, to have two Secretary's Offices in the same
Province, and consequently unreasonable, and I am
pretty well satisfied without precedent. Besides, I
don't know of anybody that can claim the right or
power of appointing a Secretary in this Province, but
the Queen, and she has been pleased to appoint one, and
H.M. is pleased to think one sufficient, as undoubtedly
it is. But if you had thought that another had been
necessary, it would have been much more modest to
have acquainted me with it, that I might have humbly
represented it to H.M. etc. (5) I could wish (since
you had a mind to colour this complaint with the
authority of an Act of Parliament) that you had advised
with some Lawyer whether this could be any way brought
under that Statute, or can by any construction in the
world be called a Monopoly. Nothing can be properly
call'd a Monopoly but where a man engrosses a commodity into his own hands and imposes what unreasonable prices he pleases, or where a man is suffered to
enjoy any trade exclusive of others, to the prejudice
of the public, or particularly to the hindering or
burthening of trade. The thing complained of, is
directly contrary. For by this Patent, the subjects
of this Province have the conveniency of sending such
quantitys of goods to and from Burlington and Amboy
as their private occasions, or the nature of their trade
may require, at reasonable and certain rates, and at
certain times, which they never could do before. For
before the settling of this Waggon, if any persons had
occasion to send any goods to or from either of those
places, they were forced to hire a waggon, though
perhaps they had not the tenth part of a load, and
were forced to pay such rates as the owner thought fit
to impose, whereas at present everybody is sure once
a forthnight to have an opportunity of sending any
quantity of goods at reasonable rates. By this means,
and by no other, a trade has been carried on between
Philadelphia, Burlington, Amboy and New York,
which was never known before, and in all probability
would never have been, had it not been for this certain
convenient way. In all the parts of Europe, the having
public carriages for goods has always been esteemed
of absolute necessity. It is plain the Patent complained of cannot come within the Statute 21 Ja. I.
When I was first applied to, for a Patent, for the allowing
of this Waggon, which was by one Dell, a man who in
Col. Hamilton's time was permitted to drive a waggon
for the carrying of goods, though under no regulation,
before I would grant it, I did acquaint the Council. Those
Gentlemen were all of opinion there could be no inconveniency in it, but rather a great conveniency; experience
has proved that opinion to be true. Nay, Mr. Lewis Morris
himself, the chief promoter of these unreasonable and
frivolous complaints, who had ye honor then to be
one of H.M. Council, express'd himself very fully to
that purpose; indeed, if that Gentleman had ever
been consistent with himself in any two actions of his
life, I should wonder how he could so soon alter his
opinion, etc. (6) This is of a more extravagant nature
than ye former. You call that a great grievance and
repugnant to Magna Charta, and contrary to the Queen's
express directions, which is most certainly exactly pursuant to the express words of the Queen's Instructions.
(7) When I first read this clause, I could not imagine
what it was put in for, unless it were on purpose to
arraign the Queen's express commands to me.
Mr. Sonmans is not ye pretended Agent, but is lawfully
constituted Agent for the Proprietors of the Eastern
Division, and has qualified himself according to ye
Queen's Instructions to me, and he does reside the
greatest part of his time in the Province, the Records
are not carried out of ye Eastern Division unless it be
those which Thomas Gordon has imbezled, but those
which came to the hands of Mr. Sonmans are kept at
Amboy, where anybody may have recource to them,
that will desire, at any seasonable hour, and the Country
is not under any disappointment upon yt. account.
Besides the Records of the Eastern Division were put
into ye hands of the Proprietors' Agent by an Order
from England upon a complaint made in England that
ye Records were not in the hands of the Proprietors'
Agent. (8) This is certainly one of ye boldest assertions
that ever was made. No one act of severity, much
less of injustice has been done. I challenge you to
prove the contrary, etc., etc. Very few men in the
Province, except Samuel Jennings and Lewis Morris,
men known neither to have good principles nor morals,
who would have ventured to accuse a Governor of
such crimes, without any proof. (9) By H.M.
Instructions, I am to allow of all such Agents as ye
General Proprietors shall appoint, such Agents qualifying themselves by taking such oaths as the Queen is
pleased to direct, and no others; no persons under
the name of a Council of Proprietors have ever tendred
themselves to take those oaths, consequently they are
not capable of acting as Agents. Besides, I say, those
people who call themselves a Council of Proprietors,
are a parcel of people pretending to act by a power
derived from certain persons who have no powers to
grant, the Governor has therefore done in this case
nothing but his duty, in hindring, as far as in him lay,
that pretended Council from acting illegally, which
they have long done, to the great prejudice of H.M.
subjects. Repeats account of the excluded Members of
Assembly. As soon as the proofs of their qualifications
were communicated to me as I desired, I admitted
them immediately, which I could not do before without
breaking H.M. Instructions. It was entirely due to
their own stubbornness in refusing to give me the proofs,
that they were not admitted before etc., etc. (10) If
any money was raised, it was not given to me, nor
was ever any money offered to me, as is alledged. I
dissolved the first Assembly because it was plain they
never intended to do anything for the support of the
Government, nor for the good of the country, and
indeed better could not be expected from an Assembly
so corruptly chosen as that was, for some of the now
Remonstrancers, and some other people, prevailed
with Thomas Gordon, then Sherrif of Middlesex, to
refuse a poll when demanded, and when the persons
injured by that practice complained to the House of
Representatives, they had a day assign'd them to be
heard, but were limited to bring but 20 witnesses. They
attended at the day appointed, but were then by that
House refused to be heard and their witnesses examined,
tho' they heard Thomas Gordon, the petition was
dismissed. This violation of the rights of the people
was a sufficient reason for the dissolving that Assembly.
As for getting clear of the Proprietors' Quit-Rents,
that is absurd, for at the beginning of every Sessions
I have recommended it to the Assembly to prepare
a Bill for settling the rights of the Proprietors. I have
not knowingly put any mean or mercenary men into
office; indeed at my first coming I desired the Gentlemen
of the Council to recommend fit persons to me.
Mr. Morris gave me a list in which by experience I find
there are some mean scandalous men. I have said
the less in answer to the scandalous reflections you
have cast upon me, because I don't doubt but H.M.
will allow me to take such measures as may be most
proper to procure me ample satisfaction, etc. Now I
shall take note of some of your late unwarrantable
proceedings in this Assembly. At the opening of the
Sessions I recomended to you the settling a Revenue,
etc., but you have squandered away your time in hawking
after imaginary grievances for one whole month, without
making one step towards ye service of the Queen or
the Country. You have presumed to take the Queen's
subjects into the custody of your Serjeant at arms,
who are not Members of your House, which is a notorious
violation of the libertys of the People. You have taken
upon you to administer an oath to one of your Members,
and have expell'd him from the House for refusing to
take an oath, which you could not legally administer
to him; this is most certainly robbing that member
of his property, and a most notorious assuming to
yourselves a negative voice to the Freeholders' Election
of their Representatives, for which there can be no
precedent found. You have arbitrarily taken upon
you to command the High Sherrif of this County to
discharge a prisoner, who was in his custody, at the
suit of one of the Queen's subjects, and he has been
weak enough to do it, for which he lyes lyable to be
sued for an escape, whenever the Gentleman thinks
fit to do it, and from which you cannot protect him;
this is a notorious violation of the rights of the subjects,
and a manifest interruption of Justice. You have
taken upon you to appoint one of your Members to
act as Clerk of the Committee of the whole House,
which you have no power to do, and the party officiating
is liable to be prosecuted for acting without lawfull
authority, and without being qualified to act, etc.,
I was going to conclude with giving you some wholesome
advice, but that will be but labour lost, etc. Endorsed,
Recd. Jan. 27, Read Feb. 11, 1707/8. Copy. 14¾ closely
written pp. |
|
963. iii. Address from the Governor and Council of New
Jersey to the Queen. Congratulate H.M. on the success
of her arms in 1706. Signed, Cornbury, Rich.
Ingoldesby, George Deacon, Wm. Pinhorne, Daniel
Leeds, Wm. Sandford, Tho. Revell, Robt. Quary, Ric.
Townley, Dan. Coxe, Roger Mompesson. Endorsed
as preceding, 1 large p. [C.O. 5, 970. Nos. 49, 49.i.–iii.;
and (without enclosures) 5, 994A. pp. 312–328.] |
|
964. Observations upon above Remonstrance of the Assembly
of New Jersey. No date or signature. 1 p. [C.O. 5, 970.
No. 50.] |
June 7.
Bermuda. |
965. Lt. Governor Bennett to Mr. Popple. Feb. 27 I
mention that I was prepareing an answer to Capt. Jones. But
considering severall of the Articles related to the Assembly
and Judges, I thought it proper they should answer for themselves, and accordingly that letter has been laid before them,
who have but very lately returned their answer: soe I can't
by this opportunity compleate it, but shall by the next, and
doubt not but their Lordships will be fully satisfyed that Capt.
Jones his assertions are base, malitious and untrue, etc. Signed,
B. Bennett. Endorsed, Recd. Read July 29, 1707. Holograph.
1¾ pp. [C.O. 37, 8. No. 40; and 38, 6. p. 313.] |
June 7.
Whitehall. |
966. W. Popple, jr., to the Commissioners of Prizes. Encloses
extract from Governor Handasyd's letter relating to 2 prizes
brought into Jamaica. [C.O. 138, 12. p. 98.] |
| June 9. |
967. Tho. Sliford to the Council of Trade and Plantations.
Proposes the establishment of a Commercial Agent to obtain
intelligence as to trade etc., for the Board, at home and abroad.
His reports would contribute to a sort of trade history of
England, etc. Endorsed, Recd. Read June 9, 1707. 3½ pp.
[C.O. 388, 76. No. 21.] |
June 9.
Whitehall. |
968. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. |
|
968. i. Council of Trade and Plantations to the Queen. Report
upon Acts of Jamaica 1704, 1705, "and Feb. last"
[i.e. 1705/6. Ed.] Some are expired (enumerated). The
following need not be either confirmed or repealed by
your Majesty at present, but may be left as probationary.
(1) An Act to enable Cary Bodle to sell lands, etc., the
objection being the want of a saving of your Majesty's
right, and of the right of all other persons, as is usual
and proper in such Acts. (2) An Act for the speedy
collecting of out-standing debts, (3) for raising an additional
duty etc. for 1707. As to the duty thereby laid upon
bottled beer etc., they have therein had regard to your
Majesty's Order of July 15, by lowering the duty to
6d. per dozen, but such licquors in cask are raised from
4s. to 20s. per tonn. Recommend 7 Acts for H.M.
approbation. |
|
The Act to provide an Additional subsistence for officers
and soldiers, Feb. 1706–1707, being liable to the same
objections as a former Act with the same title repealed
Nov. 14, we humbly represent that notwithstanding
the reasons for repealing the foresaid Act were laid
before the Assembly by Brigadier Handasyd with a
signification of your Majesty's pleasure that they should
not pass such clauses for the future, they have again
re-enacted all the clauses but one of the said repealed
Act. That part which provides an additional subsistance
is temporary and expires Feb. 1st, the rest is perpetual
and contains the following clauses, which we think unfit
for your Majesty's approbation, vizt. (1) That all persons
not natural born subjects of England, Ireland or the
Plantations are incapacitated under the penalty of
500l. from holding any offices civil or military in that
Island, except only that they may serve in your Majesty's
Regular Forces; which restraint we think intrenching
upon your Royal Prerogative, your Majesty having a
right to the services of your subjects in what capacity
your Majesty thinks best. (2) That if any officer or
soldier shall marry any inhabitant of that Island, he
shall from thenceforward lose all that share of the
money to be raised by this Act, which would otherwise
have accrued to him. (3) That no officer (the Governor
excepted) shall be capable of any Civil employment
or command in the Militia, during the time he shall
be an officer of your Majesty's regular forces there.
(4) That all persons in civil employments, under the
penalty of 100l. forfeiture, take an oath that they are
not officers in your Majesty's regular forces. All which
we look upon as a burthen and discouragement imposed
upon the soldiery, which happens the more unseasonable
at this time, when they are upon harder duty by reason
of the danger, wherewith that Island is threaten'd
from the enemy. Yet considering the hardships the
soldiers will lye under, by reason of the dearness of all
provisions in that Island, if the said Act be repealed
before the term limited for the expiration of that part
which provides an additional subsistence, we do not
think it for your Majesty's service that the said Act
be disapproved at present; but that it be suffered
to continue till nearer the time of expiration. But in
the meantime we humbly offer that a letter from your
Majesty be writ to your Governor there, taking notice
of the Assembly's disregard to your Majesty's Order
in passing an Act with the same clauses as those formerly
repealed, and directing the Governor to move the Assembly in the most effectual manner that they do not in any
future Act lay such hardships upon the soldiers sent
thither by your Majesty for their defence and security.
[C.O. 138, 12. pp. 99–105.] |
| [June 9.] |
969. Charge of the General Assembly, Council, Judges and
Justices of Bermuda against Mr. Jones. Repeat charges of
1705, 1706 etc. Endorsed, Recd. Read June 9, 1707. 3¼ pp.
[C.O. 37, 8. No. 11; and 38, 6. pp. 272–279.] |
June 9.
Whitehall. |
970. W. Popple, jr., to Capt. Gardner. Repeats enquiry
about recruits for Jamaica. [C.O. 138, 12. p. 98.] |
| June 10. |
971. Capt. Gardner to the Council of Trade and Plantations.
Gives an account of 56 recruits raised for Governor Handasyd's
Regiment. I hope your Lordships may procure for the officers
a larger allowance of levy money, they alledging that, whereas
the Government gives officers 3l. per man for men raised to serve
in England, 5l. per man will not defray the great charge they
are at in obtaining them, etc. Signed, Rot. Gardner. Endorsed,
Recd. Read June 12, 1707. Addressed. 1 p. [C.O. 137, 7.
No. 51; and 138, 12. pp. 105–107.] |
| [June 10.] |
972. Mr. Lodwik to the Council of Trade and Plantations.
Encloses certificates showing that Messrs. Bayard and Hutchins
have entered into recognizances as ordered Dec. 18, 1704, and
prays that the Act of New York concerning them may accordingly
be confirmed. Signed, Charles Lodwik. Endorsed, Recd. Read
June 10, 1707. 1 p. Enclosed, |
|
972. i., ii. Certificates of recognizances referred to in preceding.
Signed, Cornbury. Dec. 7, 1706. 3 pp. [C.O. 5, 1049.
Nos. 33, 33.i., ii.; and (without enclosures) 5, 1121.
pp. 45, 46.] |
June 10.
St. Christophers. |
973. Governor Parke to the Council of Trade and Plantations. It is now 10 weeks since I have had any news from England.
I thank God these Islands are in as good a position as can be
expected, the Islands being pretty healthy and will make good
crops. May 19 arrived at Antigua the Guernsey with the
Winchelsea and Child's play with two transports and one storeship with 300 men of Col. Lynlliston's Regiment from Ireland;
I have gott the Island of Antigua to give quarters to 200, one
company I have got quarters for at Montserratt, and two
companies I have got this Island to quarter; I designed two
companies for Nevis, but cou'd not gett the Assembly there to
give them quarters. The Lt. Governor and Councill advised
me to dissolve them and call a new one, which I did; they are
to meet the 12th, at which time I designe to be there, and hope
to prevaile with them to quarter the soldiers; if not, I must
carry those two companies to Antigua. I can gett them quartered
there. The people of Nevis expects the Queen should doe everything for them, though they doe not endeavour to help themselves.
The storeship brought 20 gunns, 500 small arms and 100 barrells
of powder. I shall distribute it as I think most for the Queen's
service, tho' I doe not expect to please any of the Islands, had
the other stores come, there wou'd have been enough for all
the Islands. If the Queen will supply what was lost, in the
other store-ship, we shall have enough, but instead of the powder to
send us 10 long 36 pounders to guard the Harbour of St. John's; for
the future we shall not want powder, every ship that arrives being
obliged to pay powder. Signed, Daniel Parke. P.S.—June 21. I
mett the new Assembly at Nevis, but I could not prevaile wth.
them to quarter the 2 companys I brought them; therefore I was
obliged to send them back to Antigua, where they will have
quarters. Comodor Wager wth. his squadron bound to Jamaica
came to an anchor at Nevis ye 12th and sayled the next day.
Signed, Daniel Parke. Endorsed, Recd. 9th, Read Aug. 14th,
1707. 3 pp. [C.O. 152, 7. No. 25; and 153, 10. pp. 60–63.] |
June 10.
Whitehall. |
974. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. |
|
974. i. Council of Trade and Plantations to the Queen. We
humbly lay before your Majesty an Address from
Col. Sharpe and the Council of Barbados, praying your
Majesty to confirm the suspension of Col. Cleland,
and we thereupon take leave to represent what has
appeared to us from the severall Minutes of Councill
and of Assembly, and from affidavits, in relation to
his behaviour. Repeat part of Representation of May 28,
q.v. Though the said Cleland did protest against the
dissolving the old and calling a new Assembly, yet he
joyned with the rest of the Councill in swearing the
new elected Members, after which the said Cleland
with others signed a paper, which was presented to
the Assembly, Jan. 28, importing that they were an
illegal Convention, and containing threats in case they
proceeded to do business. Upon the reading the said
paper the next day, the Assembly came to this resolution, "That it was the unanimous opinion of that House
that all the persons who had subscribed that paper,
as also the framers, contrivers and promoters thereof,
were guilty of a high misdemeanour tending to disturb
the peace and quiet of the Island, and deserved to be
forthwith turned out of all offices civill and military,
and be further proceeded against according to Law.
And that the said Cleland hath been a principal promoter
of the heats and divisions in that Island, and by the
subscribing the said paper an encourager of faction."
Which resolution was on Feb. 3 delivered to the President
and Councill. And upon the reading thereof on Feb. 11,
they desired the Assembly to give their reasons for
the said resolutions, which they did the same day in
the words following, viz. "(1) That William Cleland
hath signed and publish'd a protest against several
Articles established unanimously in Councill, as an
explanation of H.M. Letters Patents and Instructions
for the Goverment of that Island, which Articles
Cleland, acting as a Counsellor on his oath, had jointly
with the rest of the Councill consented to and established, though in the protest he declared, that what
he had so solemnly agreed to was only done to compliment the President with powers he did not intend
should ever be exercised. (2) That he did refuse to
publish the writt for the election of Assembly men
for the Parish of St. Andrews, which was directed to
him, and afterwards did with some other persons appear
at the time of election at the said Parish Church, and
sign a paper importing that the said election, and the
writ on which it was made, were illegal. (3) That
Cleland, being one of the Members of Councill, and
sitting in Councill when the Members of this Assembly
were sworn, and having with the other Members in
Councill unanimously agreed to have them called in
and sworn Members of the Assembly in order to their
acting as such, did afterwards jointly with several
other persons sign the paper which was delivered to
the Assembly importing that the Assembly was
an illegal Convention, and containing threats in case
they should proceed to act as an Assembly, which
they conceive to be a factious and seditious action,
tending to disturb the peace of this Government at a
time when we are in so much danger of the common
enemy. (4) That Cleland having before the delivery
of the said paper to the Assembly delivered another
paper of the like import to the Hon. the President
and Councill, and the same paper being censured as
scandalous and seditious by the President and Councill,
the Assembly did humbly conceive that Cleland being
a Member of H.M. Councill, ought to have so far
submitted to the said opinion of the President and
Councill, till H.M. pleasure were known therein, and
not to have encouraged and headed a party, in making
the said remonstrance to the Assembly, tending to
create discontents, divisions and faction in this Island,
and especially since he had concurr'd in having the
said Members called into Councill to be sworn of the
Assembly, in order to their acting as such." These
reasons, without mentioning any other, the Assembly
did conceive to be a sufficient ground for the aforesaid
vote. Whereupon Cleland was acquainted by the
President, that if he would acknowledge his having
been in an error, and submit himself to the Board, they
would not proceed to censure him, which he refused to
do, saying, they might do what they would, he did
not value it, for it would not be for above 5 or 6 weeks
(meaning till the Governor's arrival). Upon which
the question was put whether for his misbehaviour he
did not deserve to be suspended. All the Councill
but one were of opinion that he did deserve suspension,
but they were equally divided upon the question whether
he should be suspended or no, so that for that time
nothing further was done. On March 14, Coll. Walker,
a Member of Councill, informed the Board of some
resolves made the day before by the Assembly upon some
scandalous and seditious speeches made by some persons
against the Members of the Councill, and produced the
affidavit of Capt. Townsend, to prove that Coll. Clealand
had sayd that all the Councill except Raynes Bate
were rogues, insinuating that they had been guilty
of bribery and subornation. Upon consideration
whereof, and that Cleland had abused the lenity of the
Government, it was again put to the vote, whether
he should be suspended, till your Majesty's pleasure
be known, which was carryed in the affirmative, 5 being
for the suspension, and the 6th only declaring that
Cleland ought to be proceeded against, according to
the utmost severity of the Law. Whereupon he was
suspended accordingly. The President and Councill
were informed that Cleland after his suspension had
applyed himself to the Assembly, with some pretended
informations against some of the Councill. Whereupon
they came to this resolution, that Cleland in giving
the said information intended and designed to promote
sedition, encourage faction, and as far as in him lay,
falsely and scandalously to libel and villify the Government, and thereby to raise and foment jealousies,
distrusts and differences between the Councill and
Assembly, thereby to obstruct the happy consequences
of peace and union, and that he is thereby become
a publick incendiary, industriously labouring to continue
the unhappy heats and divisions, of which he has been
the grand promoter. They further resolved humbly
to address your Majesty, as above. It does appear
to us from what is before recited, and from what we
had occasion to lay before your Majesty, May 28, that
Cleland has been and continues to be a promoter and
encourager of the heats and animosities that have so
long distracted that Island, and for which reason we
humbly offer that your Majesty be pleased, not only
to approve the said suspension, but to dismiss Cleland
from your Majesty's Councill and all other employments
in that Island. [C.O. 29, 11. pp. 36–46.] |
June 10.
Maryland. |
975. Governor Seymour to the Council of Trade and
Plantations. I am glad of any, and take this opportunity of
paying my duty etc. Our Assembly met on March 26, and
sate till Aprill 14th, but the clarks not having had time to
transcribe the Laws and Journalls, I cannot now, but must
be content to transmitt them to your Lordships by the Ffleete,
however presume to informe you with the most materiall
transactions in this Session, and first of the enacting an
additionall Law for towns and ports, wherein it is at last agreed
to that all tobaccos, after Sept. 10, 1708, shall be brought to, and
shipt off from Towns and Ports, and that all ships shall ride and
loade there; which I am perswaded will be of great advantage
and security to H.M. Revennue; and therefore hope it will find
your acceptance, and H.M. royall sanction; though the stiffness
of our legislators has still aforded occasion to have it amended.
In obedience to H.M. Royall commands, an Act of Assembly
was past for suspending (during H.M. pleasure) the prosecution
of Priests of the Romish Comunion, incurring the penaltys of
the Act to prevent the growth of Popery in this Province, by
exercising their function in a private family of the Roman
Communion, but in no other case whatsoever, and hope it will
answer H.M. and your honble. Board's directions. Upon a
new discovered peice of villany, that Richard Clarke with his
gange of runaway rogues had concerted, to seize on our magazine
and burne this towne and port of Annapolis, and then steale a
vessell and turne pyrates, where they thought it most feasable:
all means having prov'd ineffectuall to apprehend and bring
the said Clarke to Justice, the Assembly, for the better security
of the Province, and to deterr any from associating with him,
past an Act to attaint him of high Treason; And this Province
has already and is still like to be at no little charge and trouble
upon his account. For altho he is one of the greatest of villains;
yet (especially in this County of Ann Arundell) he has so many
neare relations, that wee find it very difficult to discover his
haunts, and what is worse, out of a foolish conceipt of his being
a stout fellow and country-borne, the natives being now growne
up, and most of them in offices, are very backward, if not
altogether unwilling to bring him in, could they conveniently
meete with him. During the Session, one Mr. Joseph Hill
(country-borne) and a Member of the House of Delegates, was
by that House expell'd the Assembly, for adhering to, assisting
and corresponding with the said Clarke; notwithstanding which,
I am doubtfull wee shall allways want Jurys to do H.M. common
justice on the countrie-borne (as they call 'em) and am apt to
believe, the reason is, that the Assembly, anno 1694 (under a
specious pretence of ye encouragement of learning, to which
the Countrye has not yet made any one further stepp) gained the
then Governour and Councill's assent to an Act for the encouragement of learning and advancement of the natives of this Province,
by which H.M. English subjects are debarred from holding any
office of trust or proffitt within this province (not being immediately
a patent office) untill they have actually made this countrye
their place of residence during the full terme of 3 years: and
hence it is that no ingenious men capable of serving H.M. or
the Province will come here to starve so long a terme, which,
if not remedyed by H.M. disassent to that Law, I feare will be
of fatall and pernicious consequence to Maryland, for notwithstanding the Act of Assembly, made in 1694, for ye erecting of
Free-Schools, there is not yet so much as one Grammar-Schoole
in the whole Province, and yet the Assembly and other Courts
of Justice for ye most parte are composed of, and the Government
on all occasions is necessitated to commissionate, the Natives,
tho many tymes very ignorant and unfitt for the offices and trusts
this Act of Assembly devolves upon them, which is only a
particular misfortune to Maryland, no such Law or practice
being in any other of H.M. Plantations, where all her subjects
stand upon the levell. Severall complaints being made agt.
the Lord Proprietary's Officers for granting and measuring of
lands, upon examination it was found that his Lordp's. Surveyors
Genll. farm'd out their Offices in the severall Countys to their
Deputys (who are generally unskilfull and indigent persons)
at certaine large summes or rents; for which they tooke their
obligations, whether the just(s) ffees and perquisites from ye
said Deputys, accustom'd to be reserv'd to ye said Surveyors
Genll., amounted thereto or not, which occasioned the said
Deputys, the better to raise the said summes and rents, to use
many tricks in the execution of their offices, sometymes neglecting
to include in ye surveys the lands intended and shewne them,
and very often prying into and finding faults with the old surveys
by the watersides, where the ancient bounded trees, and even
the bancks, are sometymes washt away into ye bays and rivers,
to the greate disturbance and dissatisfaction of H.M. subjects,
who have been put to greate charge in asserting their just bounds.
The Assembly made an Act requiring the Lord Baltemore's Agents
to certifye into the Secretary's Office the Instructions and
conditions of Plantations, with the ffees by them demanded,
and obliging his Lordshipp's Deputy Surveyors to qualifye themselves according to Law; and by that Act lay a forfeiture of
20l. on the said Agents so refusing to certifye the said instructions
and conditions; and also enjoyne the said Surveyors under
the penalty of 100l. sterl., not to survey any lands for any person
whatever, until they have taken the oathes by Law appointed
to maynteyne the succession of ye Crowne, and likewise an oath
for ye faithfull execution of their offices, which had never as yet
been done by any of the said Surveyors, and is wholly submitted
to H.M. Royall pleasure and direction, in case the Lord Baltimore
shall thinke fitt to address her on that occasion. Some disputes
between the Lord Baltemore and Mr. Wm. Penn, about their
North and East bounds of this Province, rendring the estates
of H.M. subjects very precarious and ambiguous on those confines,
have induced the Assembly to address H.M., that she will be
graciously pleas'd to direct the said proprietors to run out and
settle their bounds, that the purchassors and takers up of lands
there may be safe in their graunts. In few days with the advice
of H.M. Councill, I shall regulate and settle the Judicature
according to the directions of your honble. Boarde; notwithstanding our wayward Assembly thought it improper to be done
here, without rendring any substantiall or mannerly reason
whatever, for at present our Provinciall Court, consisting of
12 Justices, is a mere jest, tot homines, tot sententiæ, unless
particular interest draw them, not knowing any rules to guide
their judgements. Nowithstanding we heare not from England
in 7, 8 or 9 months, during this warr, the Assembly with the like
reason, that they might still continue irregular and gainsaying,
rejected Mr. Dummer's proposalls for better and more speedy
advice and intelligence by way of his pacquett-boats. And
when I proposed a Law to punish the dispersers of false and
reflecting news of affairs in Europe during the warr, it was deny'd
by our stiff-necked Assembly, whose reasons I doubt not but
your Lordshipps may perceive, being they are wholy bouyed
up by a gainsaying and restless party. Col. John Addison,
Robert Smith and James Sanders, 3 of H.M. Council here, being
dead, and Coll. Robert Quary lives in Pensilvania, a good
distance hence, and has so much publique busieness on his hands,
'tis allmost impossible to have his advice or assistance when wanted, and that Mr. Thomas Brooke never comes to Councill,
there is a necessity to have the vacancys of that Boarde supply'd;
and since there are but 4 left on this side the Bay to meete on
any emergency whatever, and those on the other side many tymes
in bad weather not able to come, I humbly propose Coll. John
Contee to be one, who lives in the midst of the most considerable
Papists in Charles County, and presume your Lordshipps will
judge it reasonable to have a person of spiritt and authority,
where there is so absolute an occasion, altho he was not named
in the lists of the 12, and Samuel Young, Coll. Thomas Greenfield
and Seth Biggs, if H.M. and your Honble. Boarde thinke fitt
to remove Thomas Brooke, who has two owne brothers Jesuites
in the Province, and himselfe but a late convert, and still a
favourer of that party. One of the 12 formerly named is dead
to witt, Henry Coursey, others refuse to act, having streightlac'd consciences, Col. Bigger unable to ride on horseback hither,
and others I designe within the number of the 4 Itinerant Judges,
as Col. Thomas Smith etc., and humbly lay the 4 beforementioned
before your Lordps.' consideration as persons of good fortune
and probity, and presume for the aforegoing reasons to present
a fresh list of 12, having now a better knowledge of persons and
things in this Province then could be well imagined I should
have so suddainly after my arrivall here. The Law for Ordinary
lycences will expire the next Session of Assembly, so that I wayte
your Lordps.' further directions in that matter, for I am confident
the Assembly will be very unwilling to anex that perquisite
to Sir T. Laurence's H.M. Secretary's office, without some order
to oblige them so to do. Richard Clarke and his prodigall
companions lately sett an expedient on foote to retrieve some
of their shatter'd fortunes, and carry on their base designes, which
was forgeing and counterfeiting a considerable quantity of false
money like unto the peices of eight of Spaine and the dollars of
the Low Countrys, which they made of pewter, glass and other
mixt metall, but the cheate being presently detected, the Assembly
made an Act to punish such like offenders, and the utterrers
of such false moneys. And since money is become so absolutely
necessary, we earnestly beg H.M. to intrust us with a species of
small copper coyne, as by our Address wee have pray'd. I
think it highly necessary to represent that there are two Gentlemen
commissionated and stiled H.M. Receivers within this Province,
the one George Plater Esq. for the district of Puttuxent, and
the other George Muschamp Esq., for the district of Potomeck.
Through Mr. Plater's hands considerable summes of money pass
yearly, but through the other's, Mr. Muschamp's, very little,
his collection of the 3d. per hhd., for which he is accountable
for severall years has not amounted to above 30l. odd per ann.,
and yet he as well as the other Receiver have each a sallary
allotted of 100l. per ann., which they are authorised to take
out of the fynes and forfeitures within this Government, which
for many years will not halfe pay them, so that these Gentlemen
seeme much dissatisfyed, though I thinke Mr. Muschamp has
little reason, his office being needless, and might well be supply'd
by the other Receiver, without any further sallary. I have sent
a sloope well mann'd to North-Carolina, to demand some persons
who have fledd hence from Justice, and to learne what law is
made there to harbour others from paying their just debts, which
has occasioned great numbers to flye from this Province thither,
to the great detriment of merchants in England, and cheating
the honest well-meaning people of this country, for if they have,
as I am informed, made a law there to protect any person from
being sued during 5 years, it will give an handle to many knavish
people to gaine large creditts, and runn thither to defrawde
their just creditors, and not only tend to the lessening the number
of taxable persons here, but to the depopulating H.M. more
useful adjacent Colonys and Plantations. And now as our
poverty increases, so fresh villainys are carryed on intirely to
subvert the Government; when I have their answer, I will
transmitt it to your Honble. Boarde, and doubt not but your
Lordps. will find out an expedient to have this pernicious practice
stopt, otherwise many persons will go North to Carolina and
H.M. Revennue hence be suncke to a scantling. The generality
of the people in this Province have good tracts of land and stocks
of cattle and hoggs, but being in debt to the merchants consignees
in England, they send them little or no goods at all, most of the
shipps comeing from London upon ffreight, in their ballast,
with their provisions only for the voyage, so that many people
here are almost starke naked, which has occasioned some to
turne their hands to manufacture of lynnen and woollen; and
if your Lordps. in your wisdome do not find out some expedient
to have the necessity of the country relieved, by obliging the
merchts. to send supplys, it may be of ill consequence to the
Revennue arising on tobacco, which will be in greate measure
layd aside by such who find they can have nothing for it. There
neither is or hath been any guard-ship at ye Capes' mouth for
these 12 months, so that H.M. Plantations of Virginia and
Maryland are obnoxious to the insult of any rascally pyrate
or privateer, who may come and go and burne what shipping
happens to be in the countrye at pleasure. And have this day
an accot. of a privateer lying off the Capes, which has taken
severall vessells comeing into these Plantations, and having
unman'd himself to secure them, is retir'd in order to a fresh
expedition. I hope your Lordps. are by this time satisfyed
I have done what was incumbent on me, concerning the prizes, etc.
Signed, Jo. Seymour. Endorsed, Recd. 18th, Read Aug. 27th,
1707. 12 pp. Enclosed, |
|
975. i. List of persons proposed by Governor Seymour for
filling vacancies in the Council of Maryland:—Philip
Lynes, John Hall, Major John Hawkins, Lt. Col. Wm.
Whittington, Wm. Harris, Robert Bradley, John Gressham,
Major Charles Greenberry, Richd. Tilghman, Lt. Col. Thomas
Hammond, Col. Nathaniel Hynson, and Lt. Col. Thomas
Addison. Same endorsement. 1 p. [C.O. 5, 716. Nos. 29,
29.i.; and (without enclosure) 5, 726. pp. 455–466.] |
| June 10. |
976. Council of Trade and Plantations to the Earl of |
|
976. i. Council of Trade and Plantations to the Queen. Upon
an humble representation of Nov. 23, 1703, your
Majesty was pleased to issue your royal proclamation
for settling the current rates of foreign silver coins
in your Majestie's Colonies and Plantations, etc. Which
proclamations having been published in your Majestie's
several Plantations would have had a very good effect
in case the Proprietary Governments had paid due
obedience and regard thereunto. But we understand
by letters from your Majesty's several Governors, and
particularly of New York and New England, that
altho' the said proclamation had been published in
New England, yet no manner of regard was had thereunto, but that the several foreign silver coins did continue
to pass there in the same manner as before, nay even
at higher rates, by which means your Majesty's said
Colony of New York did very much suffer to a sudden
stop of their trade; upon which the Lord Cornbury,
by the advice of the Council, was obliged to suspend
execution of your Majesty's proclamation. And by
letters from Sir B. Granville, your Majesty's late
Governor of Barbadoes, it appears that the said proclamation being not observed in other Plantations
(where they continued to keep up the value of their
mony) the said Island is thereby in danger of being
drained of their coin. Whereupon your Majesty's
late Attorney General was advised with etc. His opinion
quoted (C.S.P., 1705, No. 1382). Upon consideration of all
which, and for preventing the mischiefs that may arise
by such indirect practise of drawing the mony from
one Plantation to another, to the great prejudice of
trade, we are humbly of opinion that an Act of Parliament be passed here, for the better enforcing your
Majesty's said proclamation in the several Plantations,
under such penalties as shal be thought reasonable
and necessary, as likewise for prevention of this and
many other evil practises; that the said Propriety
and Charter Governments may be brought under the
same dependance on your Majesty as those other
Plantations now under your more immediate Government; and till one or both of those provisions are
made we cannot but think that the putting your
Majesty's said proclamation in execution in some of
the Plantations, whilst others (particularly the Propriety
and Charter Governments) pay no regard thereto,
may endanger their being entirely drain'd of the mony
necessary to the carrying on their trade. [C.O. 324, 9.
pp. 142—145.] |
