America and West Indies: December 1703, 1-5

Pages 850-857

Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703. Originally published by His Majesty's Stationery Office, London, 1913.

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December 1703, 1-5

[Dec. 1.] 1339. Rules agreed upon by several persons combined together, who had withdrawn themselves to an Island in Trinity Harbour [Newfoundland] for security from the French. Signed, Thos. Edwards. Endorsed, Recd. from Capt. Richards. Read, Dec. 1, 1703. 1 p. [C.O. 194, 3. No. 5.]
Dec. 1. 1340. Deposition of Capt. Bilton and Capt. Gilbert. The latter born in Bermuda and has used those seas for 12 years. They never heard that Governor Bennett ever received any bribes nor presents, unless a few oranges or lemons. They believe all vessels arriving at that Island do with the first oppertunity of wind and weather come to an anchor in the Castle or St. George's Harbour, and never heard that the present Governor ever permitted any vessel to load or unload any goods before they came to an anchor in one of those harbours. They believe there is no brandy suffered to be brought to that Island unless by passengers in cases from Barbados, etc., for their own use etc. Signed, Willm. Bilton, Saml. Gilbert. Sworn, Dec. 1st, 1703. Endorsed, Recd. Dec. 6, 1703. Read June 1, 1704. 1 p. [C.O. 37, 6. No. 6.]
Dec. 1. 1341. Deposition of Capt. Bilton as to the kind usage he received from Lt. Gov. Bennet, when his vessel laden with logwood, was cast away at Bermuda. Sworn Dec. 1st, 1703. Signed, Willm. Bilton. Endorsed as preceding. 1 p. [C.O. 37, 6. No. 7.]
Dec. 1.
1342. Journal of Council of Trade and Plantations. Memorial from Newfoundland Merchants read.
Ordered that the Jamaica Merchants be again desired to attend.
Capt. Richards acquainted the Board that the stores and cloaths for the soldiers had arrived since his departure from Newfoundland. He said that the French at Placentia have 3 companies of 50 men each, and in the winter they oblige all their inhabitants of that country to come and live there. It would be very well if the English did in like manner inhabit at St. John's; whilst scattered they may easily be insulted. He therefore wholy disapproved of the design that some had had to fortifye Trinity Harbour, Carboniere and Conception Bay, for that nothing but numbers can make any place strong. He complained much of their irregularity, and instanced in about 80 that had got into a smal Island and combin'd together under rules of their own contrivance, without any consideration of H.M. authority, and communicated to the Board a paper signed by one Edwards their leader. [No. 1339.] He promised to put in writing whatever he thinks best for the security of ye place and trade.
Further progress made in the Report for the House of Lords.
Dec. 2. Letter from Mr. Burchet, Nov. 26, read. Letter to Mr. Warters thereupon ordered.
Letter from Commissioners of Prizes, Nov. 25, read. Mr. Blathwayt communicated a Report by them relating to the Neptune.
Ordered that a copy of the Act mentioned in the abstract of the Laws of Rhode Island received from the Governor in his letter of May 27, 1699, relating to their Admiralty Court, be sent to Mr. Attorney General etc. [No. 1348.]
Ordered that Mr. Wharton have notice that the person who brings the Address from the Monhegan Indians is desired to attend the Board to-morrow morning.
Letter from the Board of Ordnance, Dec. 2, read. Ordered that Francis Cope, the Master Gunner lately returned from Jamaica, attend on Monday.
Dec. 3. Mr. Perry with other Virginia Merchants presented a computation of tobacco imports thence.
Sir G. Heathcote and Sir B. Gracedieu attending, and being moved by their Lordships to lessen the convoy desired by their Memorial for the Jamaica trade, they answered that in consideration of the great riches brought from thence, and that the convoy is desired but once a year, they thought their first demands were reasonable; but nevertheless considering the loss by the late storm, which may probably occasion some difficulties, they desired 4 ships if 6 could not be obtained, to consist of 3 fourth rates and one fifth. They said that the Island is increasing in the production of indico and ginger to a great degree; the annual export of sugar, 14,000 hhds. They promised in a few days to lay before the Board ye best computation they are able of the commodities brought thence the last year.
Letters from Col. Dudley, Sept. 15 and Oct. 27, read. Ordered that Mr. Phips be desired to attend on Monday in relation to the smal arms desired.
Letter to Mr. Burchet concerning Mr. Hallam [Dec. 3] ordered. In the meantime Mr. Wharton laid before the Board a Memorial from Hallam relating to his Commission from the Mohegan Indians, which was read. [C.O. 391, 16. pp. 300–307; and 391, 97. pp. 741–751.]
Dec. 1. 1343. Minutes of Council of Barbados. Ordered that the late Treasurer deliver to the present all bonds due to the public.
Bill to remit forfeitures read three times and passed.
Bill to prevent the abuses of Butchers, by exacting exorbitant prices for their meat, ordered to be brought in.
Bill for the encouragement of white servants etc., read the second and third times, passed, and consented to by H.E.
Ordered that the report of Major Lillington and Judge Downes with the depositions by them taken against William Salmon be delivered to the Attorney and Solicitor General, who are to prosecute him at the next General Court.
Whereas Capt. Gilligan and others have been committed for High Treason, and there being no answer arrived of H.M. pleasure in their case, and the Court of Oyer and Terminer drawing nigh, ordered that the Attorney and Solicitor General do act in relation to them as shall be most for H.M. service. 100l. paid to Mr. Edward Arnell to be laid out by him for the entertainment of that Court and Juries etc. [C.O. 31, 8. pp. 152–154.]
Dec. 1. 1344. Minutes of Council in Assembly of the Massachusetts Bay. Order, sent up, agreed to that, in consideration of the impoverishing circumstances that the town of York is under by means of the present war, the Constable of the Town pay 15l. out of the sum levied in that town in the last Province tax, to the minister.
Bill to prevent disorders in the night, read and concurred to be enacted.
Petition of John Saffin, sent up with the Order of the House that he have a review at the next Superior Court, negatived, and the Petitioner referr'd to the Law.
Message sent down to propose the abatement of some clauses in the Bill about Debentures.
Bill in addition to the Act for regulating the Militia, sent up, was read a first time.
Dec. 2. Resolve sent up was concurred, that 200l. sterl. be paid Constantine Phips in consideration of what service he has done, and to assist him in further serving as Agent.
Resolve sent up was concurred, that 50l. be paid to Isaac Addington for his extraordinary service done for this Province the year currt., and 70l. to James Russell, Commissioner of Impost.
Report of the Committee upon the accompts of John Usher, accepted by the Council, was returned from the Representatives with their vote, that not having the accompts therein mentioned, they know not know to proceed upon them.
Bill relating to Appeals, sent up, was passed.
Bill concerning Debentures, sent up, was read and voted to be laid by for consideration at the next Session.
Message sent down, to ask whether the House had had consideration of the Message sent them a fortnight since for a suitable allowance to be made to H.E. the Governour and Lieut. Governour. The Messingers reported, that Mr. Speaker said he was instructed by the House to say they had a paper of grievances to send up, and when they were redressed, the House would further consider that matter.
Order of the Representatives read and concurred, that the Committee for issuing bills, who still detain 48l. 10s. of the 5,000l. which ought to have been delivered to the Treasurer, forthwith deliver it to him; and that they be paid 18l. 6s. for paper and printing.
Proposal of the Representatives concurred, with a limitation of the continuance thereof: that 40l. be allowed out of the Treasury for each scalp of an Indian enemy above 10 years of age, which shall be taken and brought in as the Law directs, to all Voluntiers who being commissioned by H.E. and set forth and maintain themselves free from the Province charge, and all Indians taken under 10 years of age, they shall have the benefit of the sale thereof as ye Law directs, together with all other plunder. And that all such Voluntiers as shall be commissioned and march forth against the said enemy from New Hampshire, shall have four fifths of the above-mentioned encouragements out of the Treasury of this Province. To continue in force till the end of the Session of the General Assembly in May next. A further proposal therewith sent up from the Representatives, was not passed by the Council: That considering the great difficulty and hardship that will unavoidably attend a march of the detached forces during the winter season, it is further proposed that the same may be desisted, and H.E. humbly moved to disband such of the sd. forces as are kept in pay for that design.
Resolve of the Representatives concurred, impowering the Treasurer to issue forth 10,000l. of the Bills of Credit for the uses for wch. the last tax was granted, to be accepted in all public payments at 5 p. c. advance, for the paying of which bills the duties of impost and excise shall be a fund, and as a further security for the same and securing the further necessary growing charge of the Province, defence of H.M. subjects and support of the Governmt., there is hereby granted unto H.M. a tax of 10,000l. to be levied on polls and estates, in such proportion in the several towns and districts as shall be agreed on in the General Court in May.
H.E. proposed to prorogue the Court till March 8, and summoned the Representatives to attend, after which they sent up a message to H.E., submitting to consideration the following particulars to be redressed:—(1) The money last granted to the use of the fortifications at Castle Island, being 700l. to be drawn out by Col. Romer and Mr. Brattle for the finishing of said Col.'s projections then laid before the Court, Mr. Brattle not accepting that betrustment, this House are at a loss who shall inform them of the regular drawing of the same, or whither any remain. (2) Several of Col. Romer's projections are not yet accomplished, tho' he promised they should be first done, being of greatest importance as this House conceived at the granting sd. sum etc. (3) We pray that due care may be taken that the Chaplain reside at the Castle, that the worship of God may be upheld amongst those that continue there, that they may daily attend the same, and that if any neglect the same such may be animadverted upon. (4) And that not any persons be there allowed to sell strong drink for the impoverishing the parents, masters or familys of such as are posted there. We pray the consideration of the prospect of the vast charge ye Fortification at Casco is like to draw upon ye Province, it being enlarged, so far as we are informed, that 100 men will hardly be found sufficient to keep it upon any assault. We pray that the number of souldiers at Castle Isle may be reduced to 30 officers and souldiers until the middle of March next, and that a winter march may be desisted from (there being encouragement given to Voluntiers) and that the souldiers intended therefor may be disbanded to such a number as your Excellency may see convenient for the several garrisons. We pray that John Battiss, prisoner at the Castle, be removed into and kept in the room there formerly prepared for him; that an armourer may be one of the listed souldiers at ye Castle; that Major John Cutler's mismanagement, that hath been laid before your Excellency as well as this House, may be examined, and upon due proof, that he be obliged at answer the next Sessions of this Court. We pray that Capt. Turfrey may be sent for to answer his neglect in leting the Indian prisoner, Thom. Hood, go out of Saco Fort.
Which paper was read at the Board, and then immediately the Speaker and the House came up. H.E. signed the several Acts that were passed, and acquainted the House that the money they had granted to several persons and occasions was agreed to by the Council and ordered that the Acts pass the Seal and be published to-morrow. And then acquainted Mr. Speaker and the House that he had received their paper and communicated it to the Council, and told them that application for disbanding the forces at the Eastward was very improper, it being the universal opinion of the Committee of Gentlemen and Officers with whom he was in this case to advise, that the winter was the only time for a march to follow the enemy, because the very disresting of them would destroy them. The removal of Battiss did very little concern them, he being in the same room that he ever was in, and that there was no other place proper for him; however that was the buisness of the Commander of the Castle. The desire of having Major Cutler's mismanagement heard in the Session of the General Assembly was a mistake, because the General Assembly was not the Court to hear and punish such offences, but a Court Martial, whatever was supposed to be a fault must be there heard and determined as it ought. And prorogued the Assembly till March 8. [C.O. 5, 789. pp. 896–900.]
[Dec. 2.] 1345. Copy of H.M. Patent constituting John Baber Secretary of Jamaica, Aug. 12, 1702. Countersigned, Wright. Endorsed, Recd. Dec. 2, Read Dec. 31, 1703. 6 pp. [C.O. 137, 6. No. 27.]
[Dec. 2.] 1346. Copy of H.M. permit to John Baber to stay in England and execute above office by Deputy, June 12, 1703. Countersigned, Tho. Nicholls, Cl. Council. Endorsed as preceding. 3 pp. [C.O. 137, 6. No. 28.]
Dec. 2.
Office of Ordnance.
1347. Board of Ordnance to the Council of Trade and Plantations. Enclosing following. Signed, Granville, C. Musgrave, Wm. Bridges, Ja. Lowther. Endorsed, Recd. Read Dec. 2, 1703. 1 p. Enclosed,
1347. i. Francis Cope to the Board of Ordnance. Appointed to go as Master Gunner with two mates, to Jamaica, to instruct the inhabitants and soldiers, Sept. 4, 1701, he arrived to find Governor Selwyn dead. Col. Beckford would take no notice of his warrant, answering that the inhabitants had other business than to learn gunnery, but ordered them to do duty under Col. Knight at Fort Charles as common gunners at 2s. 6d. per diem. The 10 artificers that went over at the same time Col. Knight directed that they might go into the country and get what work they could, but were to leave word with Cope where to be found. The guns that were sent over with Col. Selwyn, 8 of the culvering stand mounted before the Fort Gate without anything under the wheels. One of the 13 inch mortars lies dismounted, the bed being rotten. The Field traine is mounted and stands before the Governor's door in the Spanish Town; he desired me to acquaint this Board that he had demanded 70l. of the Council to build a shed to keep it from being exposed to the weather, nay, came down to 50l., but the Council would not allow anything. At Kingstown he saw the tumbrils dismounted standing against a wall open to the weather, where they stood above a twelvemonth, but are since removed. Just before he left the Island, he was credibly informed the musquets, pistols and swords still remain in the bundles as they were sent over. 1½ pp. [C.O. 137, 6. Nos. 29, 29.i.]
Dec. 2.
1348. William Popple to the Attorney General. The Council of Trade and Plantations send you the enclosed copy of an abstract of an Act of Rhode Island, as transmitted to them by the Governor of that Colony, relating to their Admiralty Court; and thereupon desire your opinion whether the passing that Act and putting the same in practice be not good cause of forfeiture of their Charter, and what may be fit to be done thereupon, there being no reservation of power in the Crown by the Charter of that Colony for repealing the Acts made by them. [C.O. 5, 1290. pp. 387, 388.]
Dec. 2.
1349. Minutes of Council of the Massachusetts Bay. Petition of Benjamin Gillam, Commander of the Reward, read, stating that said ship, worth 10,000l., laden and ready to said for Barbados, lies at 8l. charge per diem, and part of the cargo perishing, John Colman, attorney to some gentlemen in England, having taken out an attachment against the estate or person of Nathaniel Wilmer and stayed the ship thereon. Colman refusing to give bond, H.E. declared he would not stop the ship by any extraordinary method, beside the common course of the Law, wch. was open to him; wherewith the Council were satisfied.
454l. 4s. 6d. paid to the garrison of H.M. Castle on Castle Island, July 6— Oct. 5, 1703. [C.O. 5, 789. pp. 548, 549.]
Dec. 2. 1350. Journal of Assembly of New Jersey. Bill for raising 1,300l. read the first time.
Mr. Gordon moved that leave may be given to bring in a Bill for confirming the former proceeding of Courts of Judicature, and then the House adjourned.
Dec. 3. Bill for raising 1,300l. (for defraying the charge of the Government and paying Representatives' fees) read a second time and committed.
Dec. 4. The above Money Bill was further considered. The amended Bill was ordered to be engrossed. [C.O. 5, 1019. pp. 485, 486.]
Dec. 3.
1351. William Popple to Josiah Burchett. The Council of Trade and Plantations have ordered me to acquaint you that Nicholas Hallam, a person of substance in the Colony of Connecticut, where he inhabits, and now sent from thence with an Address to H.M. and Instructions to apply himself to them in relation to the publick affairs of that Colony, being a seafaring man and under apprehensions of being prest into H.M. service here, as he has been once already since his arrival, so that he has declined to wait upon their Lordships unless he may have a protection for himself and servant, I am commanded to desire that a protection may be granted accordingly during his stay in England.[C.O. 5, 1290. pp. 393, 394.]
[Dec. 3.] 1352. Account of Tobacco imported to London from Virginia and Maryland, Sept. 22, 1702—Nov. 27, 1703. Total, 135 ships; 59,036 hhds. tobacco. Endorsed, Recd. Read Dec. 3, 1703. 4 pp. [C.O. 5, 1313. No. 35.]
[Dec. 3.] 1353. Nicholas Hallam to the Council of Trade and Plantations. An inhabitant of Connecticot, he is lately arrived from thence, where he was empowered by Owaneko, chief Sachem of the Mohegan Indyans in that country, to take care that their grievances from the Government of Connecticot may be laid before H.M. in order to a redress thereof, to which end Hallam, by way of complaint informs your Lordships, that Uncas, father of the said Owaneko, was chief Sachem of the Mohegan Indians in those parts and chief Proprietor of all the lands there, and that Uncas and the Indyans under him at the first coming of the English into that Colony received them friendly, and permitted them peaceably to plant and settle great part of the Indian Lands, and parted with the same to them for a very small and inconsiderable value, Uncas and the Indians reserving only a small parcell of land for themselves to plant upon and hunt in. Uncas and Owaneko and all their Indyans have ever since maintained and cultivated a strict, firm and inviolable friendship, by leagues and otherwise, with the English of that Colony, and as often as the English have had war with or bin assaulted by the other Indyans, the Mohegans have always assisted the English, ventured their lives in their defence, and been a great means of preserving the English from being cutt off and destroyed by their Indian enemies, they have always of their own accord acknowledged the Kings and Queens of England as their Sovereigns and have been ever ready to pay all due obedience and to yield subjection to them. Several Agreements have been made between the Government of Connecticot and the Mohegan Indians, in all and most of which the said Indians were to be preserved and protected in their possessions of land, which they had reserved to themselves, which was but small and inconsiderable, and scarce sufficient for their own use and subsistance. Notwithstanding the extraordinary kindness, friendship and assistance given by the said Mohegan Indians to the English, the General Court of Connecticot, contrary to the said Articles and to all justice, have lately granted away to the towns of New London and Colchester all that small part of land which the said Indians had reserved, part of which has been laid out by the Surveyor to the Governour and to one Saltenstall, Minister of New London, a creature and favourite of the Governour's, and to others there, so that the said Sachem and Indians have now nothing left. They have often applyed to the said General Court for redress, but without effect, and instead of being relieved, several of the Indians have bin seized on and their guns taken from them only for hunting in their own grounds. They have ever had and still have an entire affection for the English, of which their kind and frequent concessions to the English, and assistance of them have been sufficient instances; yet the late treatment of them as also several other unkindnesses and cruelties shewn them by the English, and the circumstances they are thereby reduced to (if not timely prevented) may tempt, if not compell, them to desert the English and flee to and join with the other Indians already in war with the English in the Eastern parts; from which Indians the Mohegans may be assured of a kind reception; the pernicious consequence of which may be the ruine and destruction of multitudes of H.M. good subjects. They have sent over several papers relating to their grievances, which tho' not very artificially sett forth, yet serve to demonstrate they have sufficient reason to complain. Prays that it may be referred to Gov. Dudley to enquire into the truth of this matter, and to report with all speed; and that in the meantime orders may be sent to the Government of Connecticot to permit the Indians peaceably to enjoy their lands, and particularly such of them as have bin lately granted or added by the said General Court to the towns of New London and Colchester, and that the said Indians may be treated as friends and protected as the rest of H.M. good subjects. Signed, Nich. Hallam. Endorsed, Recd. Read Dec. 3, 1703. 4½ pp. [C.O. 5, 1262. No. 56; and 5, 1290. pp. 388–393.]
Dec. 4.
Office of Ordnance.
1354. Board of Ordnance to the Council of Trade and Plantations. We here according to your Lordships' desire send you a plann of the Channells and Avenues with the exact soundings between Kingston and Port Royal as we received it from Mr. Lilly. Signed, Granville, C. Musgrave, Ja. Lowther, Ja. Craggs. Autographs. Endorsed, Recd. Read Dec. 7, 1703. 1 p. [C.O. 137, 6. No. 30.]