|
| [? July]. |
280. H. M. Warrant for a new seal to be used in Jamaica.
Countersigned, Dartmouth. [C.O. 324, 32. pp. 4, 5.] |
| [July —]. |
281. Permits for 4 ships to sail without convoy. Signed,
Dartmouth. [C.O. 324, 32. pp. 1, 2.] |
July 3.
N. London. |
282. Depty. Governor Saltonstall to the Council of Trade and
Plantations. By a letter of Feb. 2, 1709/10, I gave your Lordships
an account that there had been no negros transported from
Africa into this Colony from Dec. 25, 1708 to the following
Christmas. There has been nothing of that trade in this Colony
the next ensuing half year, from Dec. 25, 1709, to this present
time. Signed, G. Saltonstall. Endorsed, Recd. 8th, Read 23rd
Jan., 1710/11. ½ p. [C.O. 5, 1264. No. 107; and 5, 1292. p.
241.] |
July 3.
Boston. |
283. Lt. Governor Usher to the Council of Trade and Plantations. On 20th June honrd. wth. rectt. of yours 16th Jan. lastt.
In obedience to your Lordps.' commands, herewth. you will
receive an explination as to greatt tracts of lands by town grants
and quitt-rentts. When Govermtt. seized outt of my hands, a
law then made, to confirme titles of lands by town grants, wch.
law when I was in Engld. was repealed. Mr. Mason's claime
by grants from Naumkege to Piscataqua, about 60 miles, and
Masona, of wch. 40 miles in Massachusetts Govermtt., and 20
miles in province New Hampshire Govermtt. Mason in persuantt
sd. grants firstt setled the country, builtt fourtts, sentt over
aboutt 50 servants, in advance for setleing the place aboutt
£20,000, as per inventory. As to greatt tracts of lands, Mr.
Walderen's father and now the family lays claime to aboutt
18,000 achres; by town grants, and nott above 100 achres inclosed
and improved. Mr. Tho. Allen hath copys of town grants in
toun of Dover. Mr. Cuttses family greatt tracts of lands in
Portsmoth, soe alsoe in other towns greatt tracts of lands. Mr.
Tho. Allen's case dismistt, people being informed: Mr. Walderen
had obtain'd judgment agtt. Mr. Allen, and title confirmed to
possessor, Hampton and Portsmoth etc. divided all theire lands
in town precincks (wch. formerly laide uninclosed and in common)
to perticuler persons, whoe doe and still are incloseing the same.
Soe Quene nor Mr. Allen any rightt to trees or soile, if town
grants to perticuler persons be good. Soe noe nede of a Surveior.
As to Mason's surrender of Governmtt. to the King, an agrementt
made as to quitt rents to take sixpence on the pound yearly
vallew, and all uninclosed lands to be Mr. Mason's, and he to
allow 1-5th partt, for suportt of the Govermtt., wch. agremtt.
att your Ldshps. board. Masona Mr. Allen was in posesstion,
builtt houses, the greatestt place for fishery: Indians in the spring
haveing there cheifestt livelihood by fowling and fishing, where if
a fourtt builtt, would be of more service then one att Pemaquid,
as Col. Romer or his son can inform. Mr. Walderen and soe
others by town grants for stream of the mills, was to pay to
there respective towns £10 per annum and 20s. for every mast
tree. Mr. Samuell Allen a little before his deceas had an offer
from ye Genll. Assembly in province New Hampshire for accommodation £3000 in mony, 5000 achres of land, and all waste lands
wthoutt town bounds: by his Exy. esteamed worth £10,000,
accott. of wch. Wm. Blaithwaitt Esq. and Mr. Tho. Allen can
informe, as well as myselfe. If worth £10,000, interestt is £600
per annum, allow a Collector £100 for collecting rent, then by
computation (which judge moderate) remain £800 besides
giveing all arrears: worth £12000. As to claime, a map att your
board, title constantly claimed in all King's reigns and owned.
Case when wentt last for Engld., was under seal of province, in
itt an apeall from inferiour Courtt to superiour: in reasons of
apeal and answers thereto, title of Apelle and Apellant sett forth,
in nature of a spetiall verdictt: judgmt. in inferiour Courtt
frequently reverstt: Mr. Allen haveing the whole case, by itt
your Ldshps. may be informed as to title. A computation for
quitt-rents (onely for New Hampshire) Govermtt. being 20
miles ye 40 miles, ye 40 miles in Massathusetts Govermtt., nott
less then like sum; abate one halfe of computation, remain £800
besides interestt and charge. Such strip and waste made of
lumber, people now forced to fetch beyond town bounds, if H.M.
perchase province, she may forthwith enter on waste lands outt
of town bounds, wch. lands the Assembly disclaimed any title
to. On June 26 waited on H.E., shewed your letter, replyed had
copy of mine, asked of me whoe laid claime to greatt tractts of
lands, acquainted him Mr. Walderen's family; replied business
was for Mr. Allen to sell to the Crown, wch. would be bestt for
Crown: people: and Mr. Allen (law sutes haveing ruined two
familys alredy), and nott concern aboutt greatt tracts of lands,
and when I writt aboutt the province, nott to make itt larger
then itt was, and quitt rents nott greatt. As to bounds, grants
will shew, quitt rentts small and easy: H.E. troubled att my
writeing. Discourseing aboutt coine, said had given direction
to judges to take care therein, care is: merchantts sells goods for
£100 act rate of 15 dwt. for 6s.; sue for £100, judges as Chancellors
reduce from 15 to 17½ dwt., accordingly give judgemtt., ytt in
truth butt 15 dwt. is pd. for 6 shills. Being faithfull to the
Crown, am nott less sufferour in my estate then £3000, etc.,
for wch. should be glad of some reliefe, etc. Signed, John Usher.
P.S. Newcastle, Aug. 17, 1710. Above copy of wtt. forwarded
in answer to Jan. 16. H.E. is nott pleased to communicate
anything to me relateing to the province. By reason of H.E.
and my absence, there is noe care in scouting, etc.: hearing the
province in greatt distress never the like, Indians killing there
cattell, frequently takeing captives, boldly shewing themselves
before there garrisons, dareing them to come outt, and for want of
care inhabitants dare nott stir two miles from there houses.
Haveing Queen's commistion, judged my duty under such circumstances to vissitt province, accordingly 15th inst. wentt
thither, where found said accott. true. I ordered one halfe of
the province to march outt with provistion for thre or foure days,
to make discovery of the enemy, and them to take, kill and persue.
In province found Mr. Walderen and Mr. Hunkings sworne
and admitted of the Councill by directions from H.E., Sworne
as by order from ye Queen and Councill, examined ye order and
ytt. signed by E. Southwell, whereas in sd. order, itts ordered the
rightt honorable Secretarys of State prepare warrantts for H.M.
roiall signett, ye Gentm. judging H.M. honour nott worth ye
charge, in takeing outt orders from Secretary's Office, getts a
copy of minuitt Councill from Mr. Southwell's Office, wch. the
Governour admitts of, wth. humble submistion oughtt to be
outt of Secretary's Office wth. roiall signett, and conceive a
slightt of Queen's favour and affrontt on Queen's Order in Councill.
As formerly writt, am still of opinion will be for H.M. service to
have all officers comistioned from Queen to be of ye Councill as
Secretary, Surveiour of woods, Collector etc., for att presentt
there are none will serve H.M. interestt, in case she should take
the province into her hands. Crave excuse for my plain writeing,
being purely for H.M. service, as I aprehend, being on the place
and knowing the circumstances thereof. Signed, John Usher.
Endorsed, Recd. 12th, Read 16th Nov., 1710. 2¼ closely written
pp. Holograph. Enclosed, |
|
283. i. Copy of Order in Council March 31, 1709. [C.O. 5,
865. Nos. 51, 51 i.; and (without enclosure) 5, 913.
pp. 259–267.] |
July 3.
Cockpitt. |
284. The Earl of Dartmouth to the Council of Trade and
Plantations. The Queen would have your Lordships send me an
account the last advice you received from Jamaica, what ships
of warr or privateer the Enemy has in those parts, in what
condition we are to resist them, and what force may be necessary
for the security of the Island and the Trade there. Signed,
Dartmouth. Endorsed, Recd. Read July 4, 1710. 1 p. [C.O.
137. 9. No. 8.; and 138, 13. pp. 140, 141.] |
July 4.
Whitehall. |
285. W. Popple to Sir Gilbert Heathcote. Request to
bring his opinion in writing on Thursday as to preceding. The
like letter to Mr. Loyd (v. July 6). [C.O. 138, 13. p. 141.] |
July 4.
London. |
286. Mr. Dummer to Mr. Popple. Gives sailings of the
Resolution packet. Through bad weather and being forced
about Cuba by French privateers, he has spent 165 days, etc.
He sailed from Jamaica Aprill 13 with 7 other ships in company,
and with them ply'd to windward untill May 2. The Windsor
and Roebuck were their convoy, and meeting a French man of
warr of 44 guns and severall privateers between the Capes, all
the merchant shipes bore away to Leward for the Gulfe of Florida,
they all beleiving it impracticable to pass the Windward Passage,
as the wind stood, without being taken, etc., 'Tis advised from
Jamaica (April 9) that the Galeon is still at Carthagene, and
likewise a French Shipe very richly laden. But the Lavera
Cruz fleet sailed from the Havanna Jan. 6 or 7 last, and were
mett Feb. 4 in ye latitude of Cadiz by this packett boate, being
25 saile. Signed, E. Dummer. Endorsed, Recd. 4th July,
1710.Addressed. Postmark. 1½ pp. [C.O. 323, 7. No. 2.] |
July 5.
London Street, Ratcliffe. |
287. John Mackley to Lord Dartmouth. Enclosesfollowing
"to be published, if your Lordp. shall see fit, for my son's honr.
and to the incouragemt. of our saylors and commanders."
Signed, Jno. Mackley. Addressed. Postmark. 1p. Enclosed, |
|
287. i. Thomas Mackley, Commander of the Alexander galley,
to his father, John Mackley. Jamaica, May 8, 1710.
Describes two engagements with French privateers,
off Granada and Jamaica. Though boarded by greatly
superior numbers he repulsed them and reached Jamaica
with more prisoners than he had crew. Signed,
Thomas Mackley. Copy. 1 p. [C.O. 137, 45. Nos.
91, 91 i.] |
July 5.
New Yorke. |
288. Col. Quary to Mr. Pulteney. There hath beene such
misscaredge in letters that I thought it my duty to send severall
coppeis of the inclosed in hopes to secure one save to your hands,
etc. As soone as I heard of H.E. Collonell Hunter's arrivall
in his Govermt. of New Yorke, I hastened thether to pay my
duty to him; in few dayes he went to the Jerseys and published
his Comission to the great sattisfaction of all persons and partys
whose spiritts and tempers he had so allayed and sweetened
by his speach in Councill (wch. was soone made publicque)
that there appeared a very greate disposition in all persons
towards an union and reconciliation of all particular differances,
disputes and former quarrells, so that those who ware the
greatest enemies seemed to contend only, who should soonest
referr all contests to the judgement and determination of so good
a Governour ! The reconciliation of these privatt quarrells
will very much tend to the accomodating all the publicque
disputs and contests of the Country in a Generall Assembly,
the maine of all being that of property, in wch. H. E. hath assured
them that hee will not interpose or conserne himselfe, but leave
it wholy to the determination of the Law. Had some former
Governours taken that just and prudent step, the Country
would never have beene involved in those heates and confutions
which of late they have laboured under. I may truly say that
never any Governour was sent to these parts of the world so very
well quallified to answer this greate end as H.E. Col. Hunter is,
his judgment, prudence and temper is very exterordinary and
suffitiant to overcome greater difficulty then what hee will meete
with in composeing ye differancy of these Govermts. H.E. hath
shewen much prudence and conduct in order to the settleing the
poore Pallatins, by wch. the end wch. H.M. proposed will bee
efectually answered in a vast advantage and security to all
these Govermts. P.S. Coll. Nicholson is expected in Boston every
day; all things is in a redyness there (as I am informed) they
are uneasey at his stay, the nature of the designe requires all the
dispatch imaginable, delay may prove fatall. I hope the next
Post will bring the acco. of his arrivall, and so remove all feares.
Signed, Robt. Quary. Endorsed, Recd. 14th, Read 24th Oct.,
1710. 2 pp. [C.O. 5, 1049. No 163; and 5, 1122. pp. 183–185.] |
| July 6. |
289. Richard Loyd to the Council of Trade and Plantations.
Reply to July 4. I advis'd with such merchants and Planters
interested in Jamaica, as are now in town, who informed me that
there are 3 men of warr, or privateers, from 40 to 26 guns, cruising
to windward of that Island, 4 privateer sloops, 2 upon the north
side and 2 to windward, 5 or 6 sloops fitting out at St. Jago,
upon Cuba, which is very near Jamaica, and others from Petit
Guavas, which must of course greatly distress the said Island.
That the British men of warr now attending there, are in some
measure disabled for want of seamen, that our private ships of
war which last year sail'd out of Port Royal were 25 or 30 sail,
and had between 2 and 3000 seamen, most of whom are driven
from the said Island by the vigorous and too severe execution
of a power sent to Peter Beckford, jr., by the Commissioners
of the Customes for collecting duty's arising upon prize goods;
that they know not what number of men of warr the enemy have
in the Windward Islands, but are informed that 8 large French
men of warr were seen 5 or 6 weeks since in the latitude of Maderas
bound to the West Indies, and suppos'd to be gone for the galleons
to Carthagena, which is but 48 hours sail from Jamaica: that if
all these forces should joyne to make a descent upon the Island
it would be in great danger. That their humble opinion is, that
for the speedy relief of the said Island, it would be convenient
that the powers granted Backford be recall'd, and a proclamation
issued to encourage the said privateers to return, suspending all
farther prosecutions now depending or to be commenced by force
of the Act to encourage the trade to America, until the next Session
of Parliament; that H.M. be pleas'd forthwith to order 8 men of
war from 40 to 60 guns to sail directly for the said Island, that
each of the said men of war do carry a certain number of supernumerarys for H.M. ships now there, some of which for want of
them are neither capable to do service in those parts, nor proceed
in their voyage home when they shall be recall'd. Signed,
Richd. Loyd. Endorsed, Recd. Read July 6, 1710. 2 pp.
[C.O. 137, 9. No. 11; and 138, 13. pp. 147–149.] |
July 6.
London. |
290. Mr. Dummer to [? the Earl of Dartmouth.] In obedience
to yr. Lordshp.'s commands, I have again considered the question
put to me, whether the season be not too late to attempt anything
against Canada. And for my direction herein I have had
recourse to the expedition in 1690. They did not come to the
mouth of the River of Canada till Oct. 5th. The ships got safe
to Boston Nov. 19. So that its plain that at least that year
Oct. and Nov. would have serv'd us to have made ourselves
masters of Canada, had we not fail'd in other respects. In
the next place, that I might not mislead the Government in
an affair of this consequence, I have this day had some private
discourse with severall of our New England masters of ships,
without communicating to 'em the design. They assure me
that wee cannot goe up the River of Canada before Sept. because
of the winds, which till then hang westerly, and the freshetts
which in that month are at the lowest. And that therefore the
French storeships which goe there yearly from France choose
that month to come upon the coast. And that if it should come
to the latest, it will be very easy to seize the coast in October,
and not very difficult to doe it in November. And particularly
they say (and I'm otherwise inform'd of it) that they concluded
at Boston last year when they were expecting the fleet from
England, that if they sail'd from hence by the last day of July,
it would be early enough. And as for the objection of Newfoundland, I answer that Canada is both to the westward and the
souther'd of it, and upon the main, and the River of it is secure,
where the ships may come to an anchour every night, and the
easterly winds which blow a storm at Newfoundland are fair
gales to carry ships up this river. And I would add another
reason for the proceeding of these forces to America, that if Col.
Nicholson should fail in his enterprize (which I pray God to
prevent) these forces cannot possibly fail of reducing Nova Scotia
at any time of the year. Upon the whole, my Lord, I could wish
we had been earlier, yet I don't believe it is now too late. And
seeing this is the onely oppertunity which in all probability we
shall ever have to make the Plantations easy and secure by
extirpating the French, who arm the bloudy Indians against us,
I cannot forbear saying in behalfe of New England that I hope
H.M. will not omit to make so sensible an addition to all the other
glories of Her Reign. Thus I have laid before your Lordship
my opinion to be communicated to H.M. in Council. As my
heart is very much in this enterprize, so I shall be glad (if H.M.
please) to have a hand in it. Signed, Jeremy Dummer. 3 pp.
[C.O. 5, 10. No. 135.] |
July 7.
Whitehall. |
291. Council of Trade and Plantations to the Earl of Dartmouth. Reply to July 3. Enclose extracts of the Governor
of Jamaica's letters March 25 and April 9, and quote Col. Loyd's
letter July 6, and theirs of May 16. Upon consideration of all
which we humbly submit it to H.M. whether it may not be
necessary for the security of that important Island, and the
trade thereof, that 7 or 8 men of war, from 40 to 60 guns, be
forthwith order'd to sail thither, and that every one of the said
ships do carry with them a competent number of supernumerary
seamen for the supply of H.M. ships now there. We are the
rather of this opinion since we find that in Dec. 1703, when
several French men of war were sent to the West Indies, that
this Board did then represent to H.R.H. the Lord High
Admiral that 10 or 12 ships of war might be appointed for a
constant guard of that Island during the war. [C.O. 138, 13.
pp. 150–152; and 137, 45. Nos. 92, 92 i.] |
July 7.
Whitehall. |
292. The Earl of Dartmouth to the Council of Trade and
Plantations. H.M. having been pleased to appoint Col. Corbett
to be Governor of Maryland in the room of Mr. Seymour deceased,
I desire you will please to direct a Commission and Instructions
to be prepared as usual for H.M. approbation. Signed, Dartmouth.
Endorsed, Recd. 12th, Read 13th July, 1710. 1 p. [C.O. 5,
717. No. 11; and 5, 727. p. 177.] |
July 7.
Woodcote, nere Epsom in Surrey. |
293. Lord Baltimore to Mr. Popple. Enclosesfollowing
lately received from Mr. Charles Carroll, and proposes to attend
upon the Commissioners of Trade. Signed, C. Baltemore.
Endorsed, Recd. 8th, Read 11th July, 1710. Addressed. Sealed.
1 p. Enclosed, |
|
293. i. (a) Reasons assigned by the Assembly of Maryland
for passing the Act requireing Surveyors of land to
qualifie themselves by takeing the oathes before they
should act. (v. C.S.P. 1708). (i) That for want of
a due knowledge of the severall altercons of the
condicons of planta. made by the Lord Proprietary
from time to time, his Lordship's Agents haveing
forborne for many years to publish and record ye sd.
condicons wch. formerly were wont to be, noe man is
certain upon what tearmes he is to hold any new grants
from him. (ii) And for want of due notice of the
fees taken by his Agents and under-officers, wee are
lyable to pay any fees by them demanded at their
pleasure, as has been manifestly shewn to the Assembly
att the time of passing the Law, to the agrievance of
many of H.M. subjects here, and obstructing many
settlements of ye soyle in prejudice of H.M. Revenue.
(iii) Many abuses being complained of to the Assembly
done by ye severall depty. Surveyors under the Lord
Baltemore, they thought it expedient to prevent
the same for the future that noe one should act in that
station that would not quallifie themselves as by the
law directed, the said Depty. Surveyours being officers
acting between the Lord Proprietary and H.M. subjects,
who ought to administer right between them in measureing the lands purchased of his Lordship, ye soyle of this
Province being not only granted to his Lordship's
ancestors, but with an intent of settleing an English
Colony, etc. Signed. W. Bladen, Cl. Co. |
|
(b) Reply to preceding. (1) The Lord proprietor
makes noe objection agt. publishing all alterations by
him made or hereafter to be made in any of his conditions
of planta., but thinks it absolutely necessary to be done.
He never made any such alteration, but what he has
published in the most solemn and publick manner by
affixing the same at Provinciall Courte and Assembly
doores, and transmitted duplicates thereof to the
severall Countyes to be affixed at the severall County
Courte house doores, soe that it was a very needless
thing to make an Act of Assembly to compell him thereto.
All the conditions of Planta., alterations or additions
thereto that his father or his Lordship ever made
relateing to Maryland have been recorded in his land
office there, whereto all persons might have free access.
Consequently the Assembly's pretence of ignorance is
frivolous. As for the instructions which his Lop.
from time to time finds requisit to give his Agents for
the better managemt. of buisiness, he cannot conceive
any obligation upon his Agents to make them publick.
(2) All the fees claimed by any of his officers in Maryland
have been for about 30 years settled there by publick
authority with a severe penalty against their receiving
more, and all the said fees are publickly knowne, etc.,
soe that it is very disingeniously alleadged that his Lops.
officers may take any fees by them demanded at their
pleasure, and not truely said that they had exacted fees
not due, for had they done so, the law is as severe against
them in that point as agt. any others. Moreover, at the
passing that law there was not one of his Lordship's
officers called there to answer for themselves (which
in justice ought to have been done, before any censure
past upon them), nor any action that he can hear of
brought agt. any of them, for any misfeasance in their
office, and as for the insinuacon that by their doeings
they obstruct many settlements of the soyle, doubtless
the gentlemen did not consider that noe man knowing
the constitution of Maryland could believe their assertion
in that point, when as it is manifest that the more
settlemts. there are the greater advantage accrues
to his Lop., not only by the augmentation of his rent,
but by the strength and security of the Province agt.
the heathen enemy, and that H.M. interest and his
Lop.'s are soe connected togeather in that respect that
the nicest distinguisher cannot assigne a difference
between them, soe that his Lordship thinkes the
Gentlemen that assigned the said reason for passing
the Law have not acted with such candor and sincerity
as became the sphear they moved in, noe more then the
Assembly has in the makeing severall other partial
laws lately sent back with H.M. disallowance thereof.
(iii) Tho' some supposed abuses might be complained
of agt. some of the Depty. Surveyors, yet a complaint
is noe conviction of the crime alleadged; and if the
partyes complained against were convicted before the
Assembly, which they were not, that will not justifie
the Act, which involves the innocent, etc. Neither his
Lordship nor any Depty. Surveyour would object to
an oath to bind them to Act impartially, but the oath
required by that Law is quite different, which for
conscience sake some cannot take, and has nothing to
doe with the sincere performance of the duty of a
Surveyor. At the time of makeing that law there were
not above 2 or 3 at the most of the Depty. Surveyors
of Maryland but what were professed Church of England
men or protestant dissenters, his Ldps. haveing
made choice of his officers there not by their professing
this or that religious perswasion, but by their capacity
of dischargeing their duty with skill, and the confidence
he had of their integrity, to which they are strictly
bound before they are admitted, by bond with a smart
penalty and very good security, soe that if any of ye
people there finde themselves aggrieved by any of the
Depty. Surveyors, the method is as it allways has been
upon their application to assigne that bond for their
reliefe. Signed, C. Baltemore. 3½ pp. [C.O. 5, 717.
Nos. 8, 8 i.] |
July 8.
Custom house, Bristoll. |
294. Custom House Officers at Bristol to the Council of
Trade and Plantations. Enclose following. Signed, J.
Reynardson, Jno. Elbridge. Endorsed, Recd. 10th, Read 11th
July, 1710. Addressed. Postmark. ¾ p. Enclosed, |
|
294. i. List of ships cleared from Bristol for the Fishery of
Newfoundland, June 24, 1709–1710. 7 ships. 1–5th
of the crews "green" men, according to the Act for
encouraging trade to Newfoundland. Signed as preceding. 1 large p. [C.O. 194, 4. Nos. 138, 138 i.] |
July 9.
Barbadoes. |
295. George Lillington, President of the Council of Barbados,
to Mr. Popple. Refers to letters of June 11 and 25. Since my
last nothing of moment has interven'd, except what past on the
Councill's two last sittings, and on that of the Assemblies on the
27th ulto, for which I humbly referr you to the enclos'd Minuits,
etc. Signed, Geo. Lillington. Endorsed, Recd. 12th, Read 13 Sept.,
1710. Addressed. 1 p. Enclosed, |
|
295. i. Minutes of Assembly of Barbados, June 27. The House
disagreed with several amendments made to the Excise
Bill by the Council and proposed a conference with them,
etc. Endorsed as preceding. 2½ pp. [C.O. 28, 13.
Nos. 40, 40 i; and (without enclosure) 29, 12. pp. 269,
270.] |
July 9.
Barbados. |
296. Three members of the Assembly of Barbados to the
Council of Trade and Plantations. The occasion of this our
immediate applycation unto your Lordships is from want of
agents to sollicit the affairs of this country in great Brittain, and
from ye sense wee bear of the duty wee owe to the People wee
represent, and to Genll. Assembly of this Island, who have
appointed us a Committee of correspondency, and haveing
within this few days been acquainted that the majority of
the members of H.M. Councill here have some time agoe applyed
themselves to your Ldships., wee would not be understood by
our silence to have less regard to the true intrest and wellfare
of this country, and the duty wee bear to a most gratious
Sovereign, then those Gentlemen; nor can wee think ourselves
to have acted according to the trust the people of this Island
have repos'd in us, should we neglect this opportunity of acquainting your Lordships with the reasons of our not concurring wth.
the majority of the Councill in the appointment of a Treasurer.
Wee must in the first place plead custome for ye Assembly's
right in nominateing a Treasurer in the Excise Bill, which will
appear by the Minutes, and was never disputed till the time of
Coll. Kendall, and the case is thus. The Assembly, upon the near
expiration of the then Excise Bill, brought in a new one, and therein nominated Melitia Holder in the room of Major Richard
Salter their former Treasurer, to wch. the Councill disagreeing,
there was held a conference wherein the Councill desir'd the
reasons of the Assemblies altering their former Treasurer, but it
does not appear in ye Assembly books that they thought fit
to give any, but insisted on their claim. The then Govr., Coll.
Kendall, prorogued the Assembly. and at their next sitting
advis'd them that when a common enemy was daily expected
they should not stand upon their preveledge of altering a
Treasurer, but revive the old Act, wch. within their four last
sittings they did. Upon this wee must humbly observe that the
then Assembly (and they could at that time almost have remembered if there had been any custome to the contrary from the
settlemt. of the Island) claimed it as their right to nominate the
Treasurer for ye moneys they rais'd. That it does not appear
by the Assembly books that they thought themselves oblidg'd
to give the Councill any reasons for the altering their former
Treasurer, etc. Neither before or since has the previledge of ye
Assembly in this case been controverted. Wee must in the next
place observe, that since the Govt. with the Councill have the
sole liberty of disposeing the monies the Assemblies raise, and
their warrt. to the Treasurer for the time being for issuing out
monies for what purposes and occation they think fitt being
sufficient for him so to doe, and not examinable by ye representative body of the people otherwise then whether the Treasurer
has such orders, 'twill be accounted unequall that the people
upon whome is raised all the monies, should not have lodged in
their Representatives any manner of power of approbation or
disapprobation of the conduct of a Treasurer by continuing him
or removeing him; wch. if the Assembly have lodged in them
will be some restraint on him, that he acts according to his duty
and will enable the people more chearfully to undergoe the
burthen of their taxes, when they are satisfied wth. the disposall
of it; wch. can never be if the appointment of a Treasurer be
devided betwixt the Councill and Assembly. And since the
Govs. have power of suspending any members of Councill, by
wch. ye Councill (at least for a time by his constituting others in
their places) will become his and not the Queens, how easy will
it be for a Councill of his owne and a Treasurer (by his influence
over the Councill) his own, to issue and dispose of wt. monies
he pleases, even to the defending himselfe agst. the just complaints
of the people wth. their own mony, and the exacting of laws most
dangerous to their liberties and the trade of the Island, wch. has
been most fatally experienct. in the Governmt. of Sir Bevill
Granville, and in the passing that pernicious Act of Paper Credit,
wn. ye yn. Treasurer made use of the publick monies in buying
the votes and interest of some members of the Assembly, now of
the Councill. |
|
The last Assembly in order to repair the fortifications and
discharge the publick debts on Nov. 23rd sent up a bill for
raising a sum of money sufficient for that purpose. The Councill
instead of concurring with ye Assembly in so just and necessary
a worke, never took any notice of it, but in Feb. sent down a new
bill of their own prepareing, wherein they took upon them to
change the forme and method proposed by that Assembly for
raising the levy, without giveing them any reasons, or any signification what was become of the former levy bill. This unpresidentiell proceeding in a matter of soe great concern for the welfare
of this Island, in the retreiving the publick faith, was very
surprizing to the Assembly, who were so carefull in avoiding any
difference wth. ye Councill, that they only desir'd (March 14)
to know wt. was become of ye Levy Bill, but recd. no other
answer then that they had sent downe another. Recapitulate
quarrel over Treasurer (v. June 11, Aug. 30 etc.) and deny charges
against Col. Downes. If H.M. should grant such a power of
takeing depositions etc. as in the case of Mr. Crow, wee doubt
not but 'twill manifestly appear how much several Gentlemen
of the Councill have betrayed the trust repos'd in them by H.M.
and how corrupt their proceedings have been, etc., etc. Signed,
Tho. Maxwell, Edmund Sutton, Wm. Grant. Endorsed, Recd.
12th, Read 13th Sept., 1710. 10 pp. [C.O. 28, 13. No. 41;
and 29, 12. pp. 271–299.] |
| July 10. |
297. Mr. Dummer to [? the Earl of Dartmouth]. As I perceive
the expedition goes on, and I have from the beginning desir'd
to bear a part in it, I lately look't over the establishment, and I
find that there's a sallary settled for a Judge Advocate and
Secretry, and nobody is appointed to serve in the posts. I
therefore humbly offer my service to H.M., and as I'm a native
of New England and acquainted with all the persons in the
Government there, may be able to promote the main intent of
the expedition, and be serviceable in any emergencies that may
happen. I pray your Lordship to mention it in my behalfe tomorrow in Council, that I may without delay repair to Portsmouth.
Signed, Jer. Dummer. 2 pp. [C.O. 5, 10. No. 136.] |
July 12.
Whitehall. |
298. Council of Trade and Plantations to the Earl of
Dartmouth. Mr. John Roos, H.M. Seal-cutter, having prepared
a new seal for Jamaica (v. July 17, 1708), we enclose following.
Annexed, |
|
298. i. Draught of H.M. Warrant to Governor Handasyd,
directing him to use the new Seal. [C.O. 138, 13. pp.
153–155; and 137, 45. No. 93.] |
July 13.
Whitehall. |
299. Same to Governor Handasyd. Acknowledge letter of
April 9, 1710. We are sorry for the heats and divisions you
mention to have arisen in the Assembly in relation to their
Speaker; but the prudent measures taken by you in that affair
we hope has put an end to those disorders. We shall expect the
Acts you mention to have been past by that Assembly, as likewise
the other papers of publick proceedings which you promise
us, which so soon as we shall receive we shall take into consideration and lay them before H.M. for Her royal pleasure thereupon.
What you write touching recruits we have laid before H.M.,
and having discoursed Capt. Gardner in relation to the said
recruits, that matter is put into a proper method of examination.
As to the pardon for the serjant, Capt. Gardner sent it to you
about 12 months ago, and a duplicate in January, one of which
we hope by this time you have received. [C.O. 138, 13. pp.
155, 156.] |
July 13.
Whitehall. |
300. Same to Governor Parke. Acknowledge letters of 24th
and 25th Nov., 1709, March 9, 21 and 27, April 24 and May 11,
1710. We have laid before H.M. what you writ, April 24,
relating to the hardships the soldiers in ye Regiment commanded
by Col. Jones lye under, for want of their cloathing and pay,
as likewise their petition, for H.M. directions therein, who has
been pleased to referr the same to the Secry. of War, for his
examination. [C.O. 153, 11. p. 58.] |
July 13.
Kensington. |
301. H.M. Commission to Richard, Viscount Shannon,
to be General and Commander in Chief of the troops which
accompany the expedition designed for the reducing of Canada
and other places in America, etc. Copy. Countersigned,
Dartmouth. [C.O. 324, 32. pp. 5–7.] |
July 13.
Kensington. |
302. H.M. Instructions for Richard, Viscount Shannon,
"whom we have appointed Generall of all our land forces, that
are to be employed in the reduction of Canada, and other places
possest by the enemy in North America. … You shall
immediately upon the receipt of these our Instructions repair on
board such of our ships as shall be appointed to carry you to
Boston, and after the embarkment of the troops designed for this
our expedition on Canada, for which Col. Nicholson and Col.
Vetch are already dispatched, to make the necessary dispositions,
you are with all speed as wind and weather shall permitt to
proceed to Boston aforesaid. Upon your arrival at Boston,
you shall call a Councill of war to consist of four principall land
officers, and four senior sea officers, the C. in C. and the General
included, together with Col. Nicholson, Col. Vetch and Col.
Hunter. or such of these three last mentioned as shall be present,
and agree upon the most proper methods of corresponding and
acting in concert with the forces of New York, for which our orders
are already sent to that Governor, and being joined with those of
New England, shall immediately make the best of your way to
Quebeck and other places on the River St. Lawrence, which
you shall endeavour to reduce to our obedience, and in case you
succeed in your attempt on the said places, you shall constitute
and leave in all, or either of them, such Governors and garrisons,
as you shall judge necessary for their security, or cause any of
the said places to be demolished, as shall be thought the most
expedient for our service. But if upon your arrival in New
England, you shall find that either our Colony there or that of
New York, or both of them have failed in furnishing the respective
quotas which are expected from them, you are then to determine
in a Councill of war whether it may be practicable to proceed on
the expedition upon Canada without the assistance of the aforesaid troops, and take your measures accordingly. And if, as
we have no reason to doubt, our Government of New England
have their appointed Quota in readinesse, but should want
conveniencys for transporting and victualling the said Quota,
or if our Government of New York have likewise their Quota
in readinesse, but want stores and provisions for their said
Quota, you shall in either or both these cases endeavour to
procure for either or both of the said Quotas of the said Governments, on our credit, all or any such conveniencys of transports
stores or provisions that they shall stand need of. It is also our
pleasure that when you are joined by any of the provinciall troops
above mentioned, all the said troops shall be under your immediate
command, and continue with you as long as you shall think it
necessary for our service, and likewise that in all land services,
the Marines shall be under your direction, and serve as is usuall
at land, but not to be left in garrison. And whereas the successe
of this our expedition will very much depend upon an entire
good understanding between our land and sea officers; we do
hereby strictly enjoin and require you on your part to maintain
and cultivate such a good understanding and agreement, and to
order that the soldiers under your command, shall man the ships,
where there shall be occasion for them, and when they can be
spared from the land service, as we have instructed our C. in
C. on his part to maintain and cultivate the same good understanding and agreement, and to order the sailors under his
command to assist the battallions and batterys, where there may
be occasion for them, and when they can be spared from the sea
service. And to the end that nothing may be wanting in us to
procure that good successe which we hope for from this expedition,
we do hereby empower you in concert with Col. Vetch and Col.
Nicholson, as also with Col. Hunter, or such of these three as are
present, to make such presents as may be necessary to engage
the Indians in our service, and to draw them off from their trade,
and correspondence with the French, as also to give all fitting
encouragement to such of the French inhabitants as shall come
over to us, or to make a timely submission, by offering them the
continuance of all such lands, estates and priviledges, as they do
at present possess under the French Government; the garrisons
reduced at discretion, and inhabitants refusing to give due obedience to be transported to our prisons in New England till our
further pleasure. In case it shall please God to give our arms
successe in our enterprise upon Canada. and that the same
be finisht early enough in the year for any other enterprize, or
if the season be too farr advanced for that expedition; you
are in either of these cases to consider in a Councill of war to
consist of the persons abovementioned, what other service may be
the most practicable and advantageous, and enter upon it according to such resolutions, as shall be therein taken. But in case
some accident or extraordinary resistance shall detain you in
the River St. Lawrence till the Councill of war shall judge the
season too farr spent for any further action, you are then to sail
for England, unlesse you shall receive our orders to the contrary.
Whereas in order to the better carrying on of the expedition
against Canada, and other places in North America, severall
officers en second, and some lieutenants, and some ensigns
were ordered to proceed and embark with Col. Vetch, and others
in pursuance of the said service are now ordered to embark with
you, as supernumerary officers or voluntiers in the regiments
going under your command, we judging it just and reasonable
that all fitting encouragement should be given to these officers,
do therefore strictly enjoin and require you that the vacancys
falling in any of the five regiments under your command be
supplyed with these officers, according to their ranks and former
posts. You shall immediately after the Councill of War to be
held upon your arrival at Boston, give us notice of the resolutions
which shall be taken there, and you shall likewise from time to
time, as you shall have opportunity send us an account of your
proceeding in the execution of these our Instructions etc. Signed,
Anne R. 6 pp. [C.O. 5, 9. No. 64; and 324, 32. pp. 5–7;
and 324, 31. pp. 1–3.] |
| July 14. |
303. Lord A. Hamilton to [? Lord Dartmouth]. Being
inform'd yt. there are ships now fitting out for Jamaica, it may
be for the Queen's service, yt. my patent be now passt, and be
dispatcht, so as to be readdy to goe by this first convoy, by which
the expence of sending a man of war or two for yt. purpose only
will be saved, etc. I am inform'd yt. it is not usuall to leave any
of the Governments in ye Plantations without a Cheef Governor,
by which frequent inconveniencys have and may happen, but
when it can't be avoyded, etc. My haveing my patent now can
be no hardship to ye present Governor, etc. Signed, A. Hamilton.
3 pp. [C.O. 37, 51. No. 24.] |
| July 15. |
304. Mr. Dummer to Mr. Popple. Gives sailings of the
Frankland, 100 days out and home. The merchantmen under
convoy of the Kingston and Portsmouth were to saile from Jamaica
June 22 last she brings nothing extraordinary but the loss of
trade with the Spaniard. Signed, E. Dummer. Endorsed,
Recd. 15 July, 1710. Addressed. 1 p. [C.O. 323, 7. No. 3.] |
July 15.
Whitehall. |
305. The Earl of Dartmouth to the Council of Trade and
Plantations. The Queen having been pleased to appoint the
Right Honble. the Lord Archibald Hamilton to be Governor of
Jamaica in the room of Brigadier Handasyd who is recall'd;
I desire you will please to direct Commission and Instructions
to be prepared for his Lordp. as usual, that the same may be
laid before H.M. for her approbation, etc. Signed, Dartmouth.
Endorsed, Recd. 17th, Read 19th, July. 1710. 1 p. [C.O. 137,
9. No. 12; and 138, 13. p. 157.] |
