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Dec. 1.
New England, Boston. |
509. Governor Dudley to the Council of Trade and Plantations. My last (24th Aug.) brought the papers relating to the
Massachusets Province. This is accompanyed with the papers
and Minutes from the Province of Newhampshire, being not
willing to venture them all by one conveyance especially a private
ship, have therefore sent this pr. Captain Brown H.M.S. Reserve.
In my last to Mr. Secretary Popple (Aug. 24) I gave account of
the receipt of the Articles of Peace, and Comerce, which I had
published to the universall satisfaction of all mankind here, and
sent home the dutifull addresses of both the Assemblyes, to H.M.
on that behalfe. Since which I have two letters from your
Lordships, the first of July 8th. In the first clause thereof your
Lordships direct me to give an account referring to the bills of
credit in use etc. Upon my arrivall here with H.M. commands
for this Government I was soon overtaken with the Proclamation
of the warr, into which as soon as in all former warrs the French
in my neighbourhood att Canada, soon arm'd themselves and all
their dependant Indians and put me upon raysing guards and
garrisons, and marching partyes to the number of one thousand
men, and more, who after the manner of establishment and
subsistance, and paymt. here, with their officers, and incidentall
charges, amounts to £30,000 pr. annum, and when the Assemblyes
of both the Provinces came to consider, how to raise that money
necessary for ye first year, they found all the coyn, and bullion,
passing in trade not enô to pay the necessary expences of the
year, and by their Comittyes projected these bills of credit, and
prayed at first to make a triall of only ten thousand pounds, for
which the fund should be an Act of Assembly, for £12,000 payable
in three years into the Treasury, making the said bills currant
only to pay the said taxes into the Treasury, before the year was
out, they granted another tax for as much more upon a like
fund for further time. The perfect want of money was such that
the bills became currant in all trade with merchants and countrymen, with that honour that I never heard of any abatement in
payment, either in trade, or market, or any dealing whatsoever.
The heat and length of the warr forct the Assemblyes to continue
their impression of them from first to last to the valew of — and
all those Acts under H.M. seal of these Provinces are in your
Lordships' office sent home annually, and there is no penny
issued in bills till that security be duely enacted, signed by the
Speaker for the Representatives, by the Secretary for the Councill,
by the Governour for the Queen, and agreably there are already
in and burnt — thousand pounds and there are yet standing out
and in use — thousand pounds which four or five years will bring
in and leave the Province out of debt. And I may assure your
Lordships' without this method I could never have subsisted nor
cloathed the Forces, that have defended and secured these
Colonyes as well as our neighbours, but must have left all to ruin
and mischief. Referring to that temporary Act to prevent the
oppression of debtors your Lordships see by the Act that it is
but for three years, and it does not oblige the creditor to take
them in payment of the debt, but only that if the debtor can
deposite so much, as the debts in Province bills, it shall save his
person from imprisonment untill the money can by that means or
any other estate discharge his debt, which short time will soon
be out, and without any great foresight, it is easy to be seen, that
these bills when they come to be paid up will be five pr. cent
better then money because the Treasury receives them att that
advance, as appears by every one of those Acts and the usage
heitherto. The forgery and fraud offer'd to the bills of which your
Lordships enquire is not much, and is generally soon discover'd
and reformed, and is no other I am humbly of opinion then the
corruption, and false coyning of money, stampt paper, and other
paper credits which has been too often done in Great Britain,
which I hope will be all over in three or four years, by which time
the last of them will come to the fire, however, what your Lordships in your wisdom shall direct, shall be done therein. Referring
to the return of H.M. subjects from the French, and Indian
hands in Canada. I have lately received the French King's orders
to Mr. Voderil the Governour there to dismiss them all, and with
those letters I have sent overlands agents to demand and garther
together those prisoners, and have acquainted Mr. Voderil that I
will send a ship early in the spring up Canada River for their
transportation home, of which negotiation I shall acquaint your
Lordships for further direction if need be. I am glad of your
Lordships' satisfaction in my endeavours to restore the Eastern
Indians to their obedience, to H.M., and hope the Articles of the
Treaty with them are att the Board before now, they are intirely
submitted to H.M. disposall and we are in all friendship with them,
and shall return to our employment of navall stores and husbandry everywhere as formerly. I shall obey your Lordships
in seeking to advance the Secretaryes salaryes in both the Provvinces as they well deserve. I received the Treatyes of Peace,
and Assiento which your Lordships last mention in this letter,
and H.M. great wisdom, and princely regard to all her good
subjects, and neighbours is apparent therein to all mankind.
Your Lordships other letter is of the 25th of Aug. referring to
sending home prisoners without proof of their crimes. It has
been my good fortune, heither to never to send any prisoner home.
but I shall obey your Lordships in the method commanded if
any such thing happen. Signed, J. Dudley. Endorsed, Recd.
15th Jan. 1713/14, Read 25th June, 1718. 2½ pp. [C.O. 5, 866. No.
153; and 5, 915. pp. 130–135.] |
| [Dec. 1.] |
510. Declaration of John Martin. Charlestown. On May
30th Joseph Ellecut came in from the Bahamas and told Mr.
Craven that he was taken by a Spaniard there, as were also two
New England and one Bermuda vessels, come there to load salt.
(v. Oct. 13). Signed, John Martin. Endorsed, Recd. Read
Dec. 1, 1713. 1 p. [C.O. 5. 866. No. 9; and 5, 913. p. 460.] |
Dec. 1.
Whitehall. |
511. Lord Bolingbroke to Lt. Governor Moody. Your letters
of the 4th of Octr. from Vigo, and of the 24th from Lisbon are
come safe to my hands, and I have laid them before the Queen,
who thought fit, to consult with the Lords of the Admiralty,
upon what you propose therein, as most conducive to H.M.
service, and I am now to acquaint you that H.M. approves of
your continuing at Lisbon, with the forces under your command,
during this winter, that you may be able to proceed very early
in the spring to Placentia, and She has given orders that a timely
supply shall be sent you of such provisions as you may have
occasion for in your voyage. I beleive the Lords of the Admiralty
have writ to this effect to their officer. Signed, Bolingbroke.
[C.O. 324, 33. pp. 19, 20.] |
Dec. 2.
Whitehall. |
512. Mr. Popple to Mr. Borret. Presses for Mr. Solicitor
General's report on Acts of Pensylvania (v. Aug. 3). [C.O. 5,
1292. p. 394.] |
Dec. 3.
Windsor. |
513. Lord Bolingbroke to the Council of Trade and Plantations. The Spaniards in the West Indies having seized several
ships belonging to H.M. subjects as they were lading salt according
to custom at Tertudos, on pretence that it was an unlawful
practice for that the said Island belonged to the Crown of Spain,
I send you an abstract of the case that you may please to take the
same into consideration, and inform H.M. how the prescription
is as to her subjects gathering salt on that Island. Signed,
Bolingbroke. Endorsed, Recd. Read Dec. 4, 1713. 1 p.
Enclosed, |
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513. i. Abstract of following. 1 p. |
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513. ii. Address of the Governor, Council and Assembly of
the Massachusetts Bay to the Queen. Salt for the
fishery of this Province has hitherto principally been
gotten from Salt Tertudos etc. as Sept. 24, an island
uninhabited and in all times past used and free for your
Majesty's subjects to gather and load salt there without
interruption, save only what they have sometimes met
with from pirates and privateers in time of war, and have
likewise had your Majesty's royal favour in allowing them
the protection of a ship of warr for a guard and convoy.
But in this present summer, long after the suspension
of arms, a ship of good burthen named the Marlborough
galley, Daniell Frizell commdr., belonging to the
Port of Boston, and other English vessells lading salt
at the said Island, were surpriz'd and seiz'd as they
lay at anchor by an armed sloop mann'd with about 80
men, commanded by Monsr. Nell, captain, having a
commission from the Spanish Governor of St. Domingo,
and carry'd to that Island, on pretence of unlawfully
gathering salt there, as belonging to the Crown of Spain.
Pray H.M. to secure her subjects a free and uninterrupted
course of trade to the said Island, etc. Signed, J.
Dudley, Isa. Addington, Secy., John Burrill, Speaker.
Copy. 3 pp. [C.O. 5, 866. Nos. 10, 10 i., ii.; and
(without enclosures) 5, 913. p. 461.] |
Dec. 4.
Treary Chambers. |
514. Wm. Lowndes to Mr. Popple. The Lord High Treasurer
refers following to the Council of Trade and Plantations for their
report. Signed, Wm. Lowndes. Endorsed, Recd. Dec. 18th,
Read 5th Jan. 1713/14. 1 p. Enclosed, |
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514. i. Philip Ludwell to the Lord High Treasurer. Nov. 26,
1713. Prays, on behalf of himself and Nathaniel
Harrison, Commissioners appointed for settling the
bounds betwixt Virginia and Carolina, and of Harry
Beverly, Jno. Allen and Henry Briggs, persons employed
in that service, payment for the same of £250 out of the
Revenue arising by the quit-rents, etc. Signed, Phil.
Ludwell. 4½ pp. |
|
514. ii. Copy of Minutes of Council of Virginia, April 30th,
1713, recommending payment of above. 2 pp. [C.O.
5, 1316. Nos. 98, 98 i., 99; and (without enclosures)
5, 1364. pp. 4, 5.] |
Dec. 4.
Whitehall. |
515. Mr. Popple to George Tilson. The Board of Trade
request a copy of the address relating to Tertudas, presented to
Lord Bolingbroke. v. No. 513 ii. Signed, Wm. Popple. 1 p.
[C.O. 5, 751. No. 86.] |
Dec. 4.
Boston, New England. |
516. Extract of a letter upon the state of Placentia etc.
(To same effect as Dec. 11 q.v.) Endorsed, Recd. (from Mr. Moore)
Jan. 25th, Read Feb. 9th, 1713/14. 1¼ pp. [C.O. 194, 5. No. 28.] |
| Dec. 5. |
517. Deposition of Robert Keirton, mariner. Narrates
seizure of the Marlborough galley. v. No. 513 ii. Endorsed, Recd.
7th, Read 16th Dec. 1713. 1 p. [C.O. 5, 866. No. 11.] |
Dec. 7.
Boston in New England. |
518. Mr. Bridger to [? Lord Bolingbroke]. I have prosecuted
several persons to an execution for a breach of the Act forbidding
the cutting of mast trees, and the officers have levyed upon their
estates for the penaltys, and when the day of sale came, their
neighbours being offenders in the like crime, none would appear
to buy, so that the forfeitures are not levyed, nor can untill
the Act of Parliament have some amendments made, etc. The
addition of Nova Scotia to H.M. Dominions is an enlargement
of my survey; where there is great numbers of masts, and
ought to be preserved for the use of H.M. Navy; which service
will requier that I have deputies allowed me, etc. 'Tis impossible
for one person to do it, etc. Signed, J. Bridger. Endorsed, Rd.
Jan. 15. 1¾ pp. [C.O. 5, 751. No. 87.] |
Dec. 7.
Boston in New England. |
519. Same to [? Lord Bolingbroke]. Encloses petition to H.M.
from the people of Newbury belonging to the Church of England,
wch. Church they have built at theire owne charge tho' forbid by
the Goverment, and to prevent any future alienations or alterations of the peoples minds and humors, I have bought the
ground the Church stands on, and have made it so secure that it
cannot be taken away, there is now 300 auditors: in 6 months
I am pretty well assured we shall have more than twice that
number. etc. Signed, J. Bridger. 1 p. Enclosed, |
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519. i. Address of the Minister, Churchwardens, Vestrymen
and Inhabitants belonging to the Church of England in
the west precinct of Newberry in New England, to the
Queen. Our gratefull sense of the advantages of the
Peace rises in proportion to the miseries we endur'd
by the war, which rag'd more in this Colony than in
any other part of your Majesty's Dominions. Our
country has been the scene where the barbarous and
savage enemie acted unexampled cruelties and the laying
wast our towns the butchering of our neighbours or
leading them into a miserable captivity are the evils
from which we are now delivered. But this happy
change in our temporal condition is not ye only subject
of our joy. Your Majesties' care of our spirituall
concerns does likewise claim our most unfeigned acknowledgments. For we are inform'd by General Nicholson
(that worthy patron of vertue and religion) that your
Majesty graciously intends to establish bishops and
bishopricks within your Majesty's Plantations of
America, and that the Honourable Society for propogating the Gospel in Foreign Parts encourag'd by
your Majesty's pious resolution have laid before your
Majesty the particular manner of their respective settlements. Being convinc'd that the Church of England
is a pure Orthodox Church we have left the schism
which has so unhappily prevail'd in this country, and
we have reason to believe that many other places
will follow our example and come into ye communion
of the Church were they so happy as to have ye successors
of the Apostles resident among them. Commend
the services of John Bridger, "who has protected us in
building our church when forbid, and obtain'd for us
since the protection of this Government by easing
us of our minister's tax, and releasing one from imprisonment, all which was inflicted on us by the Independants."
Pray for H.M. protection and bounty, etc. Signed,
John Lambton, Minister; Joshua Brown, Abraham
Merrill, Churchwardens; Joseph Bailey, Samuel Burtlet
(?), Abel Long, Saml. Sawyer, Joshua Brown, jr., John
Bartlett, Vestrymen: William Huse, and 19 others.
1 p. [C.O. 5, 751. Nos. 88, 88 i.] |
Dec. 9.
Boston, New England. |
520. Memorial by Capt. Cyprian Southack. Urges the
diligent improvement of the fishing trade of L'Accadie and
Nova Scotia by settling inhabitants along the coast, etc. Signed,
Cyprian Southack, gent. Endorsed, Recd. (from Mr. Moore)
Jan. 25, Read Feb. 9, 1713/14. 2 pp. [C.O. 194, 5. No. 29.] |
Dec. 11.
Boston. |
521. Archibald Cumings to the Council of Trade and
Plantations. Having left Newfoundland Oct. 24th to waite on
Col. Nicolson here none of our troops were arrived att Placentia
the 17th Oct. etc., and att Col. Nicholson's request having drawen
up a memoriall of the state and trade of that countrey which
he approved off and desired me to lay before your Lordships,
which is as follows. The codd fishery is improved to the vast
advantage of Great Brittain, and might be improved to greater
advantage, for there has been imployed in that trade and fishery
some years of last peace 200 sail, and in time of warr 130 to 150.
It is to be hoped that the surrender of Placentia may make it
more beneficiall. The branches of trade that country more
immediately depends upon are provisions of all sorts which are
imported from Great Brittain, Irland and the plantations, craft
for the fishery and clothing from Great Brittain, salt from Spain
and Portugall and in time of peace from France. There is also
a trade carried on from Portugall and Spain and since the peace
from France for wines, oyll, brandy, fruites, iron, linens, molosses,
alamodes, canvis, paper, and from Holland of late for cordage,
hollands, duck, powder, iron, polls etc. which is very detrimentall
to the trade and manufactures of Great Brittain and will more
and more unless speedily prevented by putting the Acts of trade
in execution in that country, and it's supposed severall ships
imployed in that trade belong to forreigners which is very prejudiciall to our Navigation, and a great deall of this trade is
carried on to incourage an illegall trade to the Plantations, to
prevent which it will be absolutely necessary that all ships should
enter and clear that the Government may be the better informed
of the import and export of that countrey and that all the ships
should be registred as the law directs to prove the property to be
Brittish, and that the officers in the Customes in that countrey
may be enabled to putt the Acts of trade in execution by erecting
and establishing a Court of Admiraltey, etc. As to other branches
of trade carried on from the Plantations thither with provisions
rume molosses suger tobacco pitch tarr catle boards there is
litle or no illegall trade carried on this way only when tobacco
is plenty and cheap and pitch and tarr it is sometimes shiped
from thence for Portugall and Spain, but a great deal of illegall
trade carried on from thence to the Plantations with wines, oyll,
fruites, brandies and Dutch goods. But the French having still
the liberty to fish in the northern parts of Newfoundland so round
to Point Rich to the westward it will be necessary for the incouragement of that trade and fishery to have such places fortified
as may be thought most proper for fortification and protection
of the fishery in case of an irruption with the French being so
near neighbours and especialy since they are to have Cape Britton
and are now actualy fortifying of itt being an island of 40 leagues
in length and they are fortifying three harbours in itt and for
the incouragement of the French in Nfoundland and Nova
Scotia to remove and setle where the French King offers 18 months
provisions gratis with sloops shallops and shalloways to carry on
the fishery att his own charge etc. The French have had a
man of warr of 32 guns with Monsr. St. Ovid Lt. Governour of
Placentia and most of the soldiers of that garrison imployed in
fortifying of itt since July with a detachment of 150 men from
Quebeck to assist, all the brass field peices mortars and cohorns
taken in Fort William in St. Johns in 1708 being transported
to Cape Brittoun and a great deall of ammunition and 150 of the
inhabitants of Placentia went in shallops and shalloways in
September last to setle ther. The garrisons of Placentia are much
out of repaire and doe beleive the French will in a manner demolish
the lower fort this winter there being a great breach to the
seaward and pulling down the pallisadoes to burn daily and if
in the winter any storms should arrise may beat down all the
ramparts to seaward unless our troops gett there this fall. But
the setling of Cape Britton and fortifying itt in 3 places or harbours
being 40 leagues in length 40 mile broad with severall convenient
harbours and store of good timber with abundance of coals of
easy access and the only place for them on the continent having
so many advantages it wold seem that the French designe a vast
trade there, and in case of an irruption between France and us
would threaten both our fishery and continent trade, besides
ther alliance with the Indians on that Island and the Continent
adjoyning might threaten our remotest settlements. But the
French by setling Cape Britton will have many advantages over
us in the fishery it being a good coast for fishing and near severall
adjacent banks and the Island of Sable which they propose to
setle being a good place for fishing, which they pretend to be
granted by the king to an officer Mons. Laronde though in our
bounds by the Articles of peace. To putt us upon a levell and to
promote our own fisherys it will be absolutely necessary to have
two harbours fortified on the coast of Nova Scotia where our
fishing sloops may repair to and all such places most convenient
for shipping and nearest the fishing ground to be a check over the
French and Indians in thesse parts and to incourage our fishery
there by which means the fishery may be carried on winter and
summer that so in going sooner to marcate with fish wee may
have an advantage over them in thers and by consequence the
best price, and if it was possible as H.M. subjects are the only
traders to Spain and Portugall for wines brandy oyl and fruites
to gett off the duty on Brittish fish or a diminution thereof it
will be very advantagious to our trade and fishery, etc. Signed,
Archd. Cumings. Endorsed, Recd. 18th, Read 19th Jan. 1713/14.
Addressed. 1¾ pp. [C.O. 194, 5. No. 26; and 195, 5. pp.
316–323.] |
Dec. 12.
Boston, New England. |
522. Col. Vetch to the Council of Trade and Plantations. I
could not but judge it my duty by this conveyance to give your
Lordships the trouble of the following short account notwithstanding I hope to have the honour to waite upon your Lordships in
person very soon with a more full account of the state of affairs
in the northern part of this Continent: I mean Accadie and
Nova Scotia: where I have for these three years last past had the
honour to command H.M. Fort of Annapolis Royall. The following account is what I see in a letter from France to on(e) Msr.
Goline a Missionary for the Indians upon the coast of Cape
Sables and Cape Brittoun and from his own mouth; he being a
person of the greatest credit att the French Court with relation to
these countrys as knowing them better then any Indian whatsomever. The substance of the letter was, that by the conclusion of
the peace the English were to be possessed of all the eastern
coast as farr as the Gutt of Cancer, which country the Ministers
of France had too easily parted with as not being then sufficiently
apprised of its value: however they were not without hopes of
yet in some measure by getting the Bay of Fundy or French Bay
made the limits of the English to the eastward: this if it depends
only upon the English Ministers they doubted not to obtain.
In the mean time the French King had ordred three considerable
settlements att Cape Brittoun, and had alotted all the funds
that were formerly for the support of Port Royall and the country
of L'Accadie and Nova Scotia: Placentia and St. Peters in
Newfoundland to be apply'd for the support of Cape Brittoun:
besides a considerable augmentation and that there was to be
600 regular troops to belong to the three Forts to be erected there;
so far the letter. Msr. Goline told me himself that Msr. St.
Ovide late Lieut. Govr. of Placentia was arrived from France
in a frigatt of 36 gunns att Cape Brittoun, that he had received
from him letters from Mrs. Pontcharterne to give his oppinion
and advice to Msr. Castobell late Govr. of Placentia and the
other principall officers that were to be at Cape Brittoun of the
properst places for building the forts and settlements upon: who
was by their desire pressed to make all possible haste to Cape
Brittoun: Msr. St. Ovide who then commanded att Cape
Brittoun: wrote him that a detachmt. from Quibeck of 180 men
were arrived under the command of Captn. La Ronde and Duvive
and a part of the garrison of Placentia under the command of
Msr. Hermite late Major there: and that they had aboard the
frigatt all proper tools and necessarys for working upon the
fortifications: he added that the King was to make the settlement
of Cape Brittoun much like that of Martinico: that there was
to be a Generall who he said to be the Marquis D'Alergny present
Commandant of the troops att Canada. That Msr. Du Costobell
to be Chief Govr. of the Island Msr. St. Ovide Lieut. Govr.
Msr. Artell to be Commandant of the troops and Msr. Hermite
Major and Commander of on of the forts and Chief Engineer.
That the French King had promised every planter that would go
settle there 18 months provisions gratis and all sorts of tools: and
to encourage the fishery promised to lend them ships and advance
them salt and other necessarys. This I thought myself in duty
bound to inform your Lordships of, whose province it is to judge
how farr this will affect the Brittish interest and trade in these
parts, etc. P.S.—The above-mentioned Capt. La Ronde and
Du Vive belonged to the garison of Port Royall when wee took
that place, but the first was not there being Capt. of a frigatt,
and mostly employed by the French Govrs. in these parts as a
spy in the Brittish Governments under pretence of a flagg of
truce: he was att Boston under that character from Placentia
when the expedition against Quibeck arrived there: and was
confined to the Castle untill after the news of the disaster of the
Fleet reached that place when he gott of and went to Martinico.
It is to this La Ronde as wee are informed via Placentia that the
French King hath given the Isle of Sables: which by the Articles
of peace to belong to the Brittish Dominions in these parts.
Signed, Sam. Vetch. Endorsed, Recd. 15th, Read 19th Jan.
1713/14. 2 pp. [C.O. 217, 1. No. 14; and 218, 1. pp. 82–85.] |
Dec. 14.
Boston in New England. |
523. Governor Nicholson to the Earl of Dartmouth. Acknowledges letter of Aug. 4th. Compliments. Encloses following, of
which 3,000 were printed at Boston. Continues:—There are
sent over to this place, and I suppose to others of this Continent
all the traiterous factious and ill-natured pamphlets of all sorts;
and are industriously spread abroad amongst the people. Repeats
proposal that a good number of loyal prints be sent by the first
safe conveyance, to H.M. Governors, in order to have them
disperst in their several Governments in order to undeceive the
people, etc. Signed, Fr. Nicholson. 2 pp. Enclosed, |
|
523. i. H.M. Speech to the Houses of Parliament, July 16,
1713. Reprinted at Boston by order of Col. Nicholson.
4 pp. [C.O. 5, 751. Nos. 89, 89 i.] |
Dec. 14.
Boston in New England. |
524. Governor Nicholson to the Council of Trade and Plantations. Acknowledges letters of May 8 and July 15th. Continues:—My not touching at Annapolis Royall for want of pilotts and after
came hither Capt. Wade Commander of H.M.S. Adventure durst
not venture it being so late in the year. I sent your Lordships'
commands to Major Thomas Caulfield, H.M. Lieut. Governor of
Annapolis Royall etc. Refers to enclosures. I design to go [thither]
(God willing) in the spring and from thence to Placentia tho'
as yet I have recd. no news of Col. Moody's being arrived there
and the winter being now sett in can't expect it, etc. Signed,
Fr. Nicholson. Endorsed, Recd. Jan. 15, Read Feb. 9, 17 13/14.
1¾ pp. Enclosed, |
|
524. i. (a) Governor Nicholson to Lt. Govr. Caulfield. Boston,
Oct. 20, 1713. Encloses copies of the establishment,
H.M. Commission and Instructions, Proclamation of
Peace etc. and gives Instructions concerning the officers
of the Garrison. P.S.—I desire that as few suttling
houses and ordinarys as possible may be both in the
fort and town and that you'l let me know the number
of them and upon what accot. they are, and you must
suffer no person whatsoever to trade with any of yr.
garrison without yr. lycence and see that justice be done
on both sides, not suffering comoditys to be sold at
extravagant rates and that no person whatsoever furnish
yr. garrison with any of the species of clothing untill
all her Majty.'s be dispos'd of, and I heartily recommend
to you that as little licquor as possible be sold to any of
the garrison, etc. Signed, Fr. Nicholson. Copy. 5½
pp. |
|
524. i. (b) Lt. Governor Caulfield to Governor Nicholson.
Annapolis Royall, Nov. 5, 1713. Acknowledges preceding
etc. The inclosed Memorial will shew you the impossibility of our subsisting on the allowance of fire, that the
establishment hath appointed, etc. Encloses musterrolls of the 4 companies, and refers to regimental business.
etc. This day I summoned all the inhabitants of this
place and signify'd H.M. goodness to them, the principall
of which seems extreamly well satisfyd and willing to
continue in their plantations which in my humble
opinion will be of great service to this garrison, and as
for the others the sooner we are rid of them the better.
According to your orders I shall take care to lessen the
sutlers, etc. Signed, Thos. Caulfield. Copy. 5 pp. |
|
524. i. (c) Governor Nicholson to Lt. Governor Caulfield.
Boston, Nov. 15, 1713. Encloses his Commission of
Vice-Admiralty and refers to arrangements for provisioning the garrison, etc. Let me know how the trade with
your Indians is managed for great care must be taken
therein, etc. I send you the law lately passed here
concerning the Indian Trade, by which you may see
what care is here taken about it, the Assembly desired
my assistance about the said Act, etc. Signed, Fr.
Nicholson. Copy. 2¼ pp. The whole endorsed, Recd.
Jan. 15, 1713/14. |
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524. ii. Governor Nicholson to Governor Hunter. Boston, Oct.
19, 1713. Encloses correspondence, Commissions and Instructions etc. Mr. William Newton brings other letters.
I desire your Excelly. will let me have an accot., what
condition your four companies are in, both in respect to
number and clothing and where they are in garrison,
as likewise how your affairs are with your Indians especially the Five Nations, also in what circumstances the
Palatins are etc. I hope this winter or early in the
spring to be with your Excellency at New York. Signed,
F. Nicholson. Copy. 2 pp. |
|
524. iii. (a) Governor Hunter to Governor Nicholson. New
York, Oct. 26, 1713. I am at a loss what to do with the
Lieuts. for the bills for their subsistance last year are
not paid, and there being such considerable summs stopt
in the Pay Office, that I doubt they have contracted such
debts here as will retard their departure untill satisfaction
be given to those who have trusted them, etc. The
Governor and Lt. Govr. when there is one, have always
had two of the Companys etc. Discusses distribution
of officers. As to the condition of our companys they
are in a much better then ever they have been since
they were levied, having lately receiv'd 100 recruits
from England, the best of the kind I ever saw, being
draughted from the standing regiments, by which
means we are compleated to our establishment and many
supernumerary. They were compleatly new cloathed
last week, etc. I have two companys intire here in
garrison, there are two at Albany, out of which there is
detacht a Lieut. and 20 men at the fort in the Mohacks
country, and a Lieut. and 20 men at Schenectady, nowe
the companys are compleated, I shall reinforce both
these places. The uper Nations have been in a great
ferment upon accot. of the warr, betwixt our Southern
Provinces and the Tuscororo Indians, but have at last
promis'd that they will neither shelter nor assist them
for the future, this they did lately by Hendrick Hansen,
Bleeker and others, whome I sent to them for that
purpose; Coll. Schuyler declineing that service upon
account of his late loss, and indeed it goes very hard
both with those employed and him who employs them;
for our Assemblys here will allow nothing for these so
absolutely requisite services. Encloses list of the Palatines.
Totals, 724 on the east and 284 on the west side of
Hudson's River; 500 at Schoharee and 500 dispersed
amongst the planters for their subsistance. Continues:—
Having exhausted all my credit and substance toward the
subsisting that people and pursueing H.M. instructions
for that purpose and none of my bills paid, I was laid
under the hard necessity of ordering them to subsist
themselves in the best manner they could until H.M.
further pleasure should be known, but none of them to
leave the Province upon any account, which I believe
few have done, the accounts etc. are ready for your
inspection, etc. Signed, Ro. Hunter. Copy. 5 pp. |
|
524. iii. (b) Governor Hunter to Governor Nicholson. New
York, Nov. 2, 1713. Enquires what officers are to be
sent from hence to Placentia and Annapolis Royall,
and the date of his proposed visit, etc. Signed, Ro.
Hunter. Copy. ¾ p. |
|
524. iii. (c) Governor Nicholson to Governor Hunter. Reply
to No. iii. (a). Boston, Nov. 2, 1713. I writ to the WarrOffice, to know where the half pay officers are to be paid,
but as yet received no answer; in the intrim it will be
best for them where they are, and that your Excellency
will subsist or get them credit proportionable to their half
pay, there being no sending any of them this winter either
to Annapolis Royal or Placentia, etc. Refers to clothing
arrangements, etc. The first bill for building the two
Mohawks fort was paid long before I left London, the
other I heard nothing of, but hope they will be paid if yr.
Excelly. will write to my Lord High Treasurer. I hope
yr. Assembly will pay those gentlemen that have and
shall be employ'd to goe into the Indians' country,
especially the Honble. Coll. Peter Schuyler. As for
subsisting the Palatins, I have no commands from H.M.
about it, but I desire you to let me know whether any
of them are at present subsisted and upon wt. accot., and
to what time they have been, what progress they have
made in tarr etc., if any of them are at work on that
comodity or any other and upon what account. I
desire an account of provisions, arms, stores etc. that
came to your hands or other persons in your Government upon accot. of the late expedition to the River of
Canada, and such part of the remains of the said stores,
provisions etc. as will not be necessary to serve the uses
for which they were first provided may be sold and
disposed of to H.M. best advantage. Signed, Fr.
Nicholson. Copy. 2¼ pp. |
|
524. iii. (d) Governor Hunter to Governor Nicholson. New
York, Nov. 9, 1713. I have all along done what I could
to serve Col. Schuyler, and as often as he has brought
me any accounts for his services amongst the Indians
so often have I recommended them to the Assembly,
and he has been paid, etc. The Palatins were subsisted
by me from their arrivall in this Province to Sept. 13th,
1712, as will appear by the books kept by the officers
appointed for that service. The non-payment of my bills
and the consequence of it there being a stop put to their
subsistance made it impracticable to prepare a succession
of trees for the ensueing years, that poor people with all
their labour having difficulty enough to find their dayly
bread, but such of them as remain upon the place, if I can
find credit, I intend to employ in the manufacturing
the trees all ready prepar'd which promise very well,
that work is to begin early the next spring at farthest,
the trees requireing to stand three years time after their
first preparation as the Lords of Trade are sufficiently
appriz'd. When they are at work it is upon the public
account as I was instructed for I have never yet imployed
one of them on my own. I will send accounts of stores,
etc. Signed, Ro. Hunter. Copy. 2 pp. |
|
524. iii. (e) Copy of Lord Dartmouth's letter of Feb. 13, 1712. |
|
524. iii. (f) Governor Hunter's message to the Assembly upon
Lord Dartmouth's letter (preceding) relating to stores.
Copy. 1 p. |
|
524. iii. (g) Governor Nicholson to Governor Hunter. Boston,
Nov. 9, 1713. Enquires what time in the spring he is
to meet the Five Nations, because he would be there,
etc. Signed, Fr. Nicholson. Copy. ½ p. |
|
524. iii. (h) Governor Hunter to Governor Nicholson. N. York,
Nov. 16, 1713. The end of this week I goe to Burlington
to attend the Assembly there. In the spring I must
meet the Assembly here, who shew at present some
disposition to pay the debts of the Government. I
know not how long they may continue in that mind and
am not sanguine enough to hope for so good an issue.
If that affair may be discussed before May, I intend
then to meet the Five Nations' Deputys at Albany, etc.
Signed, Ro. Hunter. Copy. ½ p. |
|
524. iii. (i) Governor Nicholson to Governor Hunter. Boston,
Nov. 16, 1713. Reply to iii. (d). The reason I
mentioned Col. Schuyler was because you had writt
about him Oct. 26th, etc. Signed, Fr. Nicholson. Copy.
1 p. |
|
524. iii. (j) Governor Hunter to Governor Nicholson. N. York,
Nov. 23, 1713. Replies to preceding. I have a letter
from Mr. Taylor by order of my Lord Treasurer to send
him my accots. and vouchers. Sure they must mean
copys, which they allready have, but it cannot be expected that I should part with my vouchers until I am
discharged, etc. Signed, Ro. Hunter. Copy. ½ p. |
|
524. iii. (k) Governor Nicholson to Governor Hunter. Boston,
Nov. 23, 1713. Encloses letters from Lord Dartmouth
to be sent to M. Segon, Intendant of Canada, and Mr.
Dural, Director General for the Assiento Company,
Carthagena, etc. Mr. Newton is at last arrived (v.
ii. supra). Signed, Fr. Nicholson. Copy. 1½ pp. |
|
524. iii. (l) Governor Nicholson to Governor Hunter. Boston,
Nov. 30th, 1713. I should be glad to know what accots.
you are to send to my Lord High Treasurer. Mr.
Newton writes me that he was 24 days going between
Rhod Island and New York, etc. Mem. What letters
went by ye post to New York could not be answered
sooner than a fortnight being seven days going and seven
returning. Signed, Fr. Nicholson. Copy. 1 p. The
whole endorsed, Recd. Jan. 15, 17 13/14. |
|
524 iv. Governor Nicholson to Governor Craven of South
Carolina. Boston, Nov. 3, 1713. Encloses Commission,
etc. This opportunity by Mr. Samll. Savill is ye first
since my arrivall ye 12th of last month. I hope to
have the honour of seeing you in your Goverment next
summer, etc. I hope you'll lett me know whereby I may
be enabled to do H.M. any service in your Government. I
likewise desire you will send me an accot. of ye condicon
of your Goverment as likewise what accot. you have of
ye Bahama Islands. P.S.—I have discoursed Mr. Savill
about ye French settlements on ye Messascipi River
and shall be glad to know from you ye particulars of
that affair. I think it concerns your Governmt. to
have as just and full accot. about ye settlemt. of ye said
river either by French or Indians as possible you can
and if I can be any ways serviceable in that affair it
shall be readily done by, Signed, Fr. Nicholson. Same
endorsement. Copy. 1 p. |
|
524 v. Governor Nicholson to the Lords Commissioners of
the Admiralty. Boston, Dec. 11th, 1713. Encloses
papers relating to Capt. Caleb Wade. H.M.S. Adventure.
Continues:— I considering our arrivall here so late in the
year, with the ways I found Capt. Wade intended to
have taken, by either going to the West Indies or
wintering here, not being able to go from hence to the
northwd. or returning from the West Indies before
Aprill, that he would want pilots to all places except
Newfoundland and Virginia, that the Adventure drew
too much water to go over the barr to Charles Town,
(the seat of the Governmt.) in South Carolina, as likewise among the Bahama Islands, that it was dangerous
for the said ship to go to Annapolis Royall and along the
coast of Nova Scotia, except in summer time, that
provisions here are and likely to be very scarce and
dear though I should fail in my duty to Her most
sacred Majestie, if I did not do what in me lay for the
sd. Capt. Wade's returning with H.M. ship as soon as
possible to Great Britain in order to receive your
Lordships commands. I shall endeavour (God willing)
to discharge the trust H.M. has been pleas'd to honour
me with, without putting H.M. to the great charge of
such a frigot, for if she had stayed to have carryed
me to the severall places in my Commission mencon'd
I suppose it would have taken up two years more to
have accomplish'd it, but I hope to do it in less time,
though it will be much more troublesome and chargeable to me, but those things shall never govern me.
Asks for their orders to the frigots attending the
several Governments to transport him as H.M. interest
shall require, etc. Asks that Capt. Wade may not be
given full credit in any charges he may bring without
his having the opportunity of justifying himself, etc.
The principall thing which I intend is, that H.M. might
not be put to 5 or 6000l. a year charge upon my acct.
(which I suppose the Adventure would stand in) when I
can transact H.M. affairs without it, etc. Signed, Fr.
Nicholson. Same endorsement. Copy. 2 pp. |
|
524. vi. Governor Nicholson to the Board of Ordnance. Boston,
Dec. 11, 1713. I am very much concerned that there
have been such differences at the garrison of Annapolis
Royal, between Col. Vetch, Mr. Vane and Mr. Hutchinson
etc. Encloses papers concerning them. I think that
unless those gentlemen should appear before your
Honours to make out their accusations against one
another, you will not be able to know the full truth of
them. I have spoke to Col. Vetch and Mr. Borland to
let me have the muster-rolls and accounts of provisions,
etc. Col. Vetch designs for Great Britain in the spring,
etc. Col. John Redknap is by this oppertunity designed
to wait on your Honours and will give you an acct.
of Annapolis Royal, etc. P.S.—I am now examining
the accots. of Ordnance stores, etc. Signed, Fr.
Nicholson. Subscribed, |
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524. vi. (a) Inventory of stores of war at Boston intended for
the Canada Expedition. Signed, Andr. Belcher, Commissary. The whole endorsed, Recd. Jan. 15, 17 13/14.
Copy. 2 pp. |
|
524. vii. Governor Nicholson to the Commissioners of Customs.
I am heartily sorry that the first time I have the honour
of writing to you [is] upon so ungratefull a subject as
that of the Tiverton galley. Encloses papers and asks
for directions, etc. H.M. immediate service here not
permitting me to go to the southward this winter,
Esq. Birchfield is gone to New York and from thence for
Maryland, and I hope he will perswade Judge Mompesson
to go with him thither, that Gent. being esteemed the
best lawyer in these parts, and I heartily wish he could
go for Great Britain because I believe it would conduce
to H.M. service, in particular concerning H.M. Revenue,
etc. Capt. Charles Brown, H.M.S. Reserve, now designed
for Great Britain, was here when the affair of the
Tiverton galley happened. I think it would be for
H.M. service that the Capts. of H.M. ships had a power
from your Honrs. about illegall trade. etc. Commends
Capt. Brown. Signed, Fr. Nicholson. Same endorsement. Copy. 2¼ pp. [C.O. 217, 1. Nos. 15, 15 i.–vii.;
and (without enclosures) 218, 1. pp. 86–89.] |
| Dec. 22. |
525. Mr. Solicitor General to the Council of Trade and
Plantations. Report upon Acts of Pensylvania. (v. Aug. 3) (1)
As to the Act for ascertaining the rates of mony for payments of
debts and preventing exactions in contracts and bargains made before
May 1st, 1709, passed in Pensylvania Oct. 14, 1708, I can't but
take notice of a clause therein, whereby 'tis enacted that the
prices of all goods, wares and merchandizes whatsoever, shall
after May 1st, 1709, be computed at ¾ of the sum and no more
which the seller would have taken for them, if no change had been
made in the currency of their coins by H.M. Proclamation of
June 18, 1704; and the British Act of 6th of her present Majesty
for the ascertaining the rates of foreign coins in H.M. Plantations;
which clause may not only be the foundation of many disputes,
but may possibly render H.M. proclamation and the British
Act which were intended to make the foreign coins go at the same
rate in all H.M. Plantations ineffectual; because by lowering
the price of goods ¾ in Pensylvania, in consequence in respect to
the other Plantations the coin there will be raised to the old value;
and therefore whether this is a sufficient reason for repealing this
Act, I must submit to your Lordsps. As to the Act for establishing
Courts of Judicature passed in Feb. 1710, I conceive there are
several things in it not proper to be established as law. I can't
see any occasion for erecting such a Supream Court of Judicature
as therein is mentioned; since Justice as to all the particulars
mentioned in this Act is already administred in Pensylvania in
Courts which this Act calls inferiour Courts; and those are still
to continue; only this Court to be erected is to draw from them
what business they think proper by certioraries, writs of error,
habeas corpus etc., which will only multiply suits, or make proceedings at law more dilatory and expensive. The Justices of
Peace have a power given them to make persons find sureties,
for threatning any person in body or estate; and yet 'tis not
required the charge should be on oath or affirmation which
leaves a very arbitrary power in the Justices. In that part
of the Act which enacts several laws of Great Britain to be
observed there, 'tis enacted that the Act of 8 and 9 W. III. for
preventing frivolous and vexatious suits shall be put in execution
in Pensylvania as far as circumstances admit. What is meant
thereby I can't apprehend; but it seems very improper to say
an Act shall be observed as far as circumstances will admit. In
relation to the proceedings in Equity; there is a clause, that they
shall determine nothing determinable at common law; nor try
any fact arising on hearing the cause but send it to an issue at
law. Which I apprehend must make proceedings in equity
insufferably dilatory and multiply tryals at law in the plainest
cases to no manner of purpose, for which reason I am humbly
of opinion that this Act ought to be repealed. As for the Act
for regulating and establishing fees. I should have no objection
against it, did it not establish as well the fees of officers of the
Supream Court and Sessions of the Peace and Court of Equity
erected by the Act for establishing Courts of Judicature, as fees
of other officers. And therefore if your Lordships should be of
opinion to advise H.M. to repeal that Act, 'twould look odd in
this to have the fees of a great number of officers mention'd to be
established; whereas there will be no such officers if that Act is
repealed. As to the Act for acknowledging and recording of deeds.
There is a clause therein whereby 'tis enacted, that every deed or
conveyance (other than leases for 21 years or under) heretofore
made for any lands, tenements or hereditaments in this Province
not yet acknowledged or proved nor recorded, which shall within
5 years after March 25, 1711, be acknowledged or prov'd and
recorded as therein is mentioned, and all such deeds etc. as had
been at any time since Jan. 12, 1705 acknowledged or proved and
recorded as that Act directs should take effect from the time of
the signing and sealing and be good and available in law. By
which 'tis implied that without the aid of this Act, such deeds are
not good; and then this Act will make them good by a retrospect
which may prejudice innocent purchasors and creditors. As to
the Act directing an affirmation to such who for conscience sake
can't take an oath, I find that the 4th Dec. 1711 the then Lords
Commissrs. of Trade made a representation to H.M. to disallow
an Act of this nature (possibly this very Act) passed in Pensylvania because the affirmation therein differed materially from the
affirmation enjoyn'd the Quakers by Act of Parliament here;
and particularly in that the name of Almighty God was not
mentioned, and because a Quakers might give evidence in criminal
matters on his affirmation; which objections hold against this
Act now transmitted: and taking such affirmation is likewise to
qualifye any magistrate. As to the Act of privileges to a Freeman.
Such an Act formerly passed was repealed, because it interfered
with the Act of 7 and 8 Wm. III. for preventing frauds and regulating abuses in the Plantation Trade, and tho' this present Act has
added a saving to the Admiralty Courts, yet I am apprehensive
it still may interfere with that Act; and I can't well see what
occasion there is for this Act since by the laws already in being
the Freemen are entituled to all the privileges mentioned therein.
As to the act against riotous sports, plays and games. It restrains
persons from several innocent sports and healthy diversions, and
the penalties in it are too general, and therefore I humbly conceive
it ought to be repealed. As to the Act for priority of payments of
debts to the inhabitants of this Province. I apprehend among
traders in point of reason all persons who give credit to and make
contracts with others should stand on the same foot as to the point
of recovery of their debts, and I conceive that such a preference
of creditors as is given by this Act may prejudice all the subjects
of Great Britain who deal with the inhabitants of Pensylvania,
and therefore that this Act ought to be repealed. As for the Act
for regulating party walls and buildings in Philadelphia, it gives
to the Mayor and Court of Aldermen of Philadelphia a power to
determine differences about party walls and buildings, and to
give damages; after which the party may sue for those damages
in any Court of Record and judgemt. there given shall be definitive; on which I observe, that the giving a new suit for the
damages after the Mayor and Aldermen have awarded the same;
seems a round about away, and only multiplies suits. In the next
place if a new suit is to be allowed, there ought to be allowed an
appeal to H.M., which is disallow'd by this Act. As to the Act
for laying a duty on negroes, wine, rum and other spirits, cyder
and vessels. Tho' this Act will expire March 10th, 1713; yet I
submit to your Lordships' consideration how far it may be proper
for them at Pensylvania to lay a duty on negroes, wine, rum all
shipping, etc., and how far it may affect H.M. subjects here of
which your Lordships are most proper judges. An Act confirming
patents and grants. This Act confirms lands granted by old grants.
before Wm. Penn had the Government, and new grants since;
with a proviso that this Act shall not confirm any lands took up
by old grants and not duly seated or improved by the grantees
before 1682, and yet for anything appearing to me, who have not
the former Acts, such old grants might be good; and if so, then
if Penn has granted those lands since his last grant is confirm'd
by this Act, and the old grant avoided. The proviso wherein
'tis said the proprietor shall not be thereby obliged to make good
to any purchaser a right to unlocated lands who in advertency
or by misinformation did or may obtain a patent or confirmation
of lands which are discovered to be the prior right of another
person further or any more than the same quantity of lands in
the next advantageous place, that such purchasor shall chuse
and discover to be vacant and free from all other claims, seems
unreasonable because, if no such land can be found, the purchasor
is to have no satisfaction for his purchase. As to the Act for
better Governmt. of the City of Philladelphia. This Act inflicts
5s. penalty on persons riding a gallop; and 10s. for persons
trotting with drays or their teams in their streets, and 5s. for
suffering a dogg or bitch to go at large; or firing a gun without
license or if a negroe be found in any of the disorderly practices
or other misbehaviors, he may be whipt 21 lashes for any one
offence or committed to prison, which words "other misbehaviors" are very uncertain, and give very arbitrary power
where the punishment is great. As to the Act for empowering
religious societies to buy, hold and enjoy lands, tenements and
hereditaments. There is a clause in it which confirms all sales,
gifts or grants to them already made, which having a retrospect
may be very prejudicial to purchasors, creditors and other
persons, and therefore I apprehend 'tis fit to be repealed. A
supplementary Act to a law about the manner of giving evidence.
This is lyable to the same objections as the Act directing an
affirmation etc. An Act to prevent the importation of negroes and
Indians into this Province. How far this Act may interfere with
the British interest as to their trading in negroes your Lordships
are most proper judges. But I observe, this Act gives a power to
break open houses to search upon suspicion of negroes being there
generally, which extends to night as well as day, which power is
rarely admitted by our law in offences of an inferior nature. A
supplementary Act to an impost Act laying a duty on negroes, rum,
wine, spirits, cyder and vessels and appropriating certain sums of
money arising by the same and other publick stocks of this Province.
This Act depends on the impost act and ought to have the same
determination concerning it. Enumerates 12 Acts to which he has
no objection. An Act for the further securing the administration of
the Government. An Act of this nature was repealed before upon a
representation of the then Lords Commissioners of Trade Sept.
8, 1709, that the Governor might elude the Queen's power of
approving a Lt. Governor as long as the Proprietor should think
fit to continue the Government in the hands of the President and
Council, which mischiefe seems to be remedied; because the power
vested in the President and the Council by virtue of the proviso
in this Act continues but six months, which is the time appointed
for the Governor to nominate a Lt. Governor; and from thence
till the Queen's pleasure is known. Signed, Robt. Raymond.
Endorsed, Recd. 22nd Dec., 1713. Read, 13th Jan. 17 13/14. 12 pp.
[C.O. 5, 1264. No. 140; and 5, 1292. pp. 395–407. |
