America and West Indies: July 1705, 1-10

Pages 550-567

Calendar of State Papers Colonial, America and West Indies: Volume 22, 1704-1705. Originally published by His Majesty's Stationery Office, London, 1916.

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July 1705, 1-10

July 3.
1210. Governor Seymour to the Council of Trade and Plantations. My last was of Sep. 29. The revising and re-enacting the Laws [by the Assembly] being now in a competent measure effected, I have againe carefully inspected and reviewed them, and according to ye injunction layd on me, offered my sentiments on them, which with the said Laws and Journals of the Councill and Assembly of that and two subsequent Sessions, to witt of Dec. and May last, by H.M.S. Strumbulo, the very first opportunity that had offered since the departure of the last fleete in July, 1704, I have transmitted to your Lordships for your perusal, and kind representation to H.M. By the Journalls of the Councill and Assembly your Lordships will observe the severall misfortunes this poore Province hath mett with since my arrivall (to witt) the publique Court House being burnt with the Councill Records, and those of Ann Arundell County. The repeated disturbances our neighbouring Indians have given us by their barbarities on some of H.M. subjects. And lastly the treachery and villany of some among us endeavouring to seize this H.M. Government and joyne with the Indians. These are no common misfortunes, having allow'd me little ease since my tedious long voyage hither, and I hope your Lordships will take notice that I have had so just a regarde of my duty to H.M. not to have omitted the minutest punctilio which might anywise conduce to prevent or repaire those mischiefs by the speediest application I was capable; for I thinke I have thoroughly sifted the matter, so that Richd. Clarke, the Ringleader, refusing to surrender on Proclamation stands outlaw'd by Act of Assembly, and severall of his accomplices are now in the Goale at Annapolis, one of them having received sentence of Death, being convict of breaking the prison. The rest are to be tryed at an especial Court of Oyer and Terminer and Goale Delivery on 28th inst., the proceedings whereof shall be transmitted to your honble. Boarde. Wee have another greate misfortune which incencibly hath crept upon us of late years, especially since ye last warr, the want of good arms and ammunition etc. and gave birth to the designs of our native incendiarys and our heathen enemys, and this is not to be presently remedied, it being impossible to supply these wants under 12 months, unless it be a little powder we gett from some stragling shipps that run hither without convoy, and this is but a very poore recruite for so large and naked a Countrye, besides every one knows arms must be had from England. Our designing rogues have taken great care to lett ye Indians know the true circumstances of our condition, which has sufficiently awakened every honest considering person amongst us. There is a pritty good summe in Bancke, and H.M. Councill has advis'd me to write for a considerable number of all sorts of arms, that each County may have a proportionable share to defend themselves from any suddaine insult; but unless there be a proper person to looke over these arms and ammunition twice in a yeare at least, this misfortune will never have an end, or the Countrye ever be put in a defencible posture, for the few arms that have been bought in any of my predecessors' time, are useless for want of care, and most of them embezilled on the Death of severall Colonells, many Countys hardly any at all left for want of such a proper Officer, who should take ye surveigh and securitys that the severall Countys shall keepe those arms cleane and well fixed agt. any occasion, which will be a means to secure this stock for the use of themselves and posterity, only the powder must be changed in two or three years at farthest, the clymate making it absolutely necessary, wherefore if your Lordships will represent this to H.M. in Council, I hope H.M. will direct what his sallary shal be (this countrye being of a large extent) and order me how to impower him to execute that Office; for by this method the charge of buying arms every two or three years will be unnecessary, and therefore may be payd out of the 3d. per hhd. I must observe the irregularity of our Provinciall Court, to which all causes of any consequence are brought, which putts the Country to a very greate charge, when four intinerant Judges, chosen out of the most knowing and honest, would doe the Country's business more to their satisfaction, the honour of our Laws and Constitution, and take off a greate charge from the poore Countrye, and besides all that, this Rule would make the prerogative shine brighter in a countrye that has been govern'd so long by a Proprietor. And inasmuch as the best of laws are of noe advantage unless duly put in execution as well by Ministeriall as Judiciall Officers, I hope your Lordships will thinke it necessary for H.M. service to represent that some encouragement be given to Mr. Wm. Bladen, a Gentleman here who has long serv'd the Governmt. in a most exact and faithful discharge of the several offices he has past through, and now prosecutes in all pleas and matters for H.M. here, as her AttorneyGenll. It being highly reasonable that H.M. should command the best services of her subjects, yet it is not to be thought it should be to their detriment as in his case it really is, being ty'd up by the duty of his office from large fees usually given by criminals, and no provision by sallary or otherwise made here for that Officer, though H.M. has thought fit to make an allowance to such her officers in the rest of her Plantations, therefore hope she will be graciouly pleased to direct me to settle such a competent sallary not exceeding 100l. per annum on the said office, and that it may be paid either out of the fines and forfeiture, or some other advantage to H.M. in this Province. Among the Laws are two, one made in Sept. last to prevent the growth of Popery and the other in Dec. to suspend the prosecution of any Romish Priest upon the said former Act, by reason of exercising his function in a private Roman Catholique familye. The first of these was presented by the House of Delegates to me and H.M. Councill, and had our ready assent, for it was become absolutely necessary to cheque the insolent extravagancys of those priest here, likewise the second was upon the humble petition of the Roman Catholiques here brought from the House to H.M. honble. Councill and myselfe, but in such a dress that would not have suited the Laws of England, and therefore having new modelled it with the necessary Retrenchments so as not to interfere with any of the Laws of England, I suffered it to pass with an intire submission to H.M. royall pleasure, as will appeare by the Law itselfe. Notwithstanding which a Renegado Romish priest of most scandalous life and conversation has been very free in dispersing a libell taxing me to be a favourer of papists and governed by them; but in this the Generall Assembly have done me publique Justice, which appears upon the Journalls of the Councill and Assembly, and I have the satisfaction of being assured none I have the honour to be knowne to can entertaine so mistaken and groundless opinion of me. I humbly submit to your Lordships, if you shall recommend it to H.M., to empower me to suffer no tobacco to be shipt, or European goods discharged but at 5 places in this Province, which would hinder all clandestine Trade (everybody here having a landing place) and shipps might loade in 5 weeks tyme, H.M. seamen be soone at home againe to serve on boarde the Fleete in July at farthest, a thing so usefull to the publique in genll. to prevent frawds, that ye Assembly will never consent to have it made a law by them, and therefore have hitherto ever oppos'd it for ye sake of clandestinely unshipping the goods brought from England, and shipping their tobacco at their owne Dores, which makes it impossible for all ye officers in ye world to know what is shipt or unshipt; I assure your Lordships this deserves a very mature consideration both as to Trade and ye want of seamen for H.M. service, who now stay many months in the Province, fall sick, and by unwholesomness of the clymate many dye, and those that returne are abroade so long they are useless to the publique a yeare at least. I have presumed to enclose a scheme of ye proposall as to this Province, and doubt not but Col. Nicholson may do the like in H.M. Colony of Virginia. I send the best account I can gett of the arms and ammunition I found in this Province, by which I am confident H.M. will believe her Councill here were in the Right to advise me to send for a Recruite, which I have directed Coll. Blakiston, my Friend and the Country's Agent, to supplye by the first safe conveyance, and when H.M. is made sencible of the constant charge of these recruits I hope she will be graciously pleased to thinke some effectuall care ought to be taken for their preservation. I likewise transmit to your Honours an account of ye inhabitants, children, servts. and slaves. One parte of my Instructions I am never able to answer, unless H.M. had a peculiar officer here encouraged with a salary to take the survey of the severall Ports and Harbours, being numberless in this Province; for upon my laying it before the Assembly, they refused to beare the charge thereof, being a great stepp to hinder their private trade. Signed, Jo. Seymour. Endorsed, Recd. Oct. 9. Read Nov. 8, 1705. 5 pp. Enclosed,
1210. i. A scheme for shipping all tobacco and goods at 5 Ports only in Maryland—Annapolis, Oxforde, Somersett, Puttuxent, St. Marys. Objections and advantages enumerated. [See preceding letter.] Maryland, June 21, 1705. Endorsed, Recd. Oct. 9, 1705. 3 pp.
1210. ii. An account of the arms and ammunition in Maryland returned by the Colonels in the respective Counties. May 15, 1705. Totall:—524 muskets, 348 carabines, 118 barrells and 286lb. powder, etc. Most of the powder very indifferent and many of the arms out of order. Signed, W. Bladen. Same endorsement. 1 p.
1210. iii. List of the Inhabitants of Maryland, 1704.
County. Masters of Familys. Freemen and Servants. Children, Free. Freemen and Servantmen. Servant boys and girls. Slaves, young and old. Fit to bear arms.
Ann Arundell 765 1,058 1,418 503 145 672 1,272
Saint Marys 418 617 1,065 938 151 326 1,356
Kent 264 413 608 393 54 159 639
Calvert 309 560 942 619 243 938 928
Charles 408 485 931 390 197 578 868
Talbot 712 914 1,207 822 115 460 1,534
Baltemore 364 418 632 235 74 204 803
Somersett 804 1,167 1,436 642 83 305 1,546
Dorchester 305 512 814 418 64 199 723
Cecill 407 489 716 430 95 198 837
Prince George 416 530 1,166 464 92 436 880
Totals 5,172 7,163 10,935 5,954 1,313 4,475 11,386
Endorsed as preceding. 1 p.
1210. iv. Journal of the Committee of Accounts, May, 1705. Same endorsement. 10 pp.
1210. v. Journal of Committee of Accounts, Dec., 1704. Same endorsement. 12 pp.
1210. vi. Journal of Committee of Accounts, Sept., 1704. Same endorsement. 29 pp.
1210. vii. Governor Seymour's remarks upon the Laws of Maryland. July 3, 1705. Same endorsement. 53 pp. [C.O. 5, 715. Nos. 87, 87.i.–vii.; and (without enclosures), 5, 726. pp. 323–333.]
July 3. 1211. Governor Seymour to [? Sir C. Hedges]. Duplicates of preceding letter and enclosure No. i. Signed, Jo. Seymour. Endorsed, R. Dec. 1, 1705. 4 and 6 pp. [C.O. 5, 721. Nos. 3, 3.i., ii.]
July 3.
1212. Council of Trade and Plantations to Mr. Secretary Hedges. In reply to June 27. We find it by dayly experience to be very prejudicial to H.M. service that Counsellors in the Plantations be too long absent from their duty. But as to Col. Scott, he having been heretofore constantly resident in Barbados and designing to return by the next fleet, we humbly offer that H.M. be pleased to allow of his absence until that time, etc. [C.O. 29, 9. pp. 349, 350.]
July 3.
1213. Mr. Dummer to Mr. Popple. The Cotton sloop, sailing from Barbadoes, April 8, for Antigua, after avoiding two other privateers, was taken after a sharp fight, off Nevis in sight of the man-of-war there, etc. Concludes with extract in following. Signed, E. Dummer. Endorsed, Recd. Read July 3, 1705. Addressed. 1 p. [C.O. 323, 5. No. 82.]
July 4.
1214. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose following. Autograph signatures. 1 p.
1214. i. Extract of letter from Mr. Dummer to the Council of Trade and Plantations. I am informed that there are 22 privateers belonging to Martinico, that 14 of them were abroad; that in the 4 days the Captain (? Dudley of the captured packet) was a prisoner there were brought in 4 prizes, a ship from Ireland, a ship from Bristoll, another from New England, and a ship from the Maderas, with 500 pipes of wines. ½ p. [C.O. 152, 39. Nos. 106, 106.i.; and (without enclosure), 324, 9. pp. 106, 107.]
July 4.
St. Christophers.
1215. Lt.-Governor Johnson to the Council of Trade and Plantations. Reply to letter of April 26. The Gentlemen of these Islands are so sensible of the great and growing mischiefs of the trade to St. Thomas, that the Generall Councill and Assembly lately mett at Nevis have ordered their Agents to press that affair as is possible. I will either send your Lordships a collection of the Laws very soon, or satisfie you 'tis none of my fault they are not transmitted. I have sent orders upon orders to the Lieut.Governours of Antigua and Mountserrat, and about a fortnight since Col. Hodges writt me the Deputy-Secretary of that Island had positively refused the work, and would rather quitt his imploy then be obliged to it. Your Lordshipps shall not fail of plans of the fortifications as soon as they are finished, but the unaccountable people of this Island will neither consent to make new ones nor so much as mend their old, which are all out of repair. What Sir W. Mathew in a letter to your Lordships called a new Fort was but an old plattforme, and rather spoiled than improved. If I committed a fault in relation to the new Councillors, both Sir W. Mathew and I were misled by the want of such a caution in the Instructions, and I must own, my Lords, I am verry farr from having every perticular of the great Commission in my head, which scarce two men in this Government can read, but I will take care to prevent the ill consequences your Lordshipps apprehend. I could send no other account of the Agreement made with the French Generall, but that I choose a verry good man to make it. I shall doe my best to prevent the inconveniences arising from frequent flaggs of truce. I heartily wish for Col. Park's arrival, for I have such ill-natured and troublesome people to deal with, that I am already weary of my Command. I shall not fail to publish the Acts of Parliament your Lordshipps have been pleased to send me. I shall do myself the honour to answer Sir Charles Hedges's letter, and shall follow the directions given in it; though I must own, my Lords, I never heard that powder was demanded for any of the packet-boats. Mr. Dummer need not have troubled the Queen about such a trifle, such an instance of dispencing power would easily have been pardoned in a Cheif Governour here, even by those who will scarce pardon him the exercise of his just authority and such as is absolutely necessary for the due discharge of the trust reposed in him. Signed, Jon. Johnson. Endorsed, Recd. Sept. 3, Read Oct. 31, 1705. 2 pp. [C.O. 152, 6. No. 27; and 153, 9. pp. 273–276.]
July 4.
St. Christopher.
1216. Lt.-Governor Johnson to [? Sir Charles Hedges]. Acknowledges letter relating to the exemption of packett boats from paying the powder duty, which I believe will be cheerfully complyed with. I never heard that it was ever demanded, and was certainly not within the pourview of the Acts which laid that duty on vessels trading to these Islands. Signed, Jon. Johnson. Endorsed, R. Sept. 5. 1 p. [C.O. 239, 1. No. 7.]
July 4.
1217. W. Popple, jr., to Mr. Attorney-General. The Council of Trade and Plantations, upon complaints from the Governor of New York, desire your opinion what H.M. may do by her prerogative to enforce an exact obedience to H.M. Proclamation, for settling the rates of foreign coines, in the Charter Governments, or how she may oblige the said Governments to a due compliance as it is absolutely necessary for the public service. Encloses Memorial from the Merchants of New York to the Governor, and the opinion of the Councill thereupon. (Dated June 4 by error.) 1¾ pp. [C.O. 323, 5. No. 88.i.; and 5, 1120. pp. 319, 320.]
July 4.
1218. Sir C. Hedges to the Council of Trade and Plantations. Encloses following for their report, as to that part which relates to putting the inhabitants under a civill and military Government. You are to prepare a scheme for such a settlement, and to send me such a draught of Instructions for the Commodore and Captain of the Fort as may be proper for them to set the inhabitants to work in building or repairing storehouses and places of security for the fishing tackle in the fort or elsewhere for laying them up when the fishing season is over, and for exempting them from any press, and their goeing or being carried away by the New England ships as is proposed. Signed, C. Hedges. Endorsed, Recd. Read July 5, 1705. 1 p. Enclosed,
1218. i. Proposals of Newfoundland Merchants. In obedience to the commands of the Rt. Hon. the Lords of H.M. Cabinet Council when we had the honour to attend with our petition, wee humbly represent that the inhabitants being in the winter, when the Commodore and Admirals are absent, without any civil regulations, and at all times without any military discipline, are thereby very much exposed to the inroads and insults of the neighbouring French. We propose that the inhabitants of each Harbour be authorized to choose from amongst themselves every year at All Saints one Chief Constable and one or more Constables for the preservation of peace and good order, and that some blanck Commissions may be sent from England to be fill'd up by some proper persons at Newfoundland, to be delivered gratis to some of the inhabitants of each harbour elected by the majority of their neighbours, whereby they may be appointed as officers over them, and by whom the people may be frequently disciplin'd and train'd up, and under their conduct either guard or defend themselves, or attack the enemy, as there may be occasion. We compute there remain in the winter in the several Bays at least 1,000 men fit to bear arms:—
St. Johns and the Adjacent harbours 400
Consumption 200
Trinity 200
Bonavista 200
which being unarmed and intirely impoverished by the late invasion, notwithstanding the good conduct of Lt. Moody and the brave defense made by him and the garrison, we humbly pray H.M. to send them such a number of armes and so much ammunition as may be thought necessary. And whereas their Lordships ordered us to give directions that the inhabitants of all the land may before winter carry their goods and fishing craft into the Fort of St. Johns, we humbly represent that the greatest number live at such a distance that we very much fear it will not be in their power, and we apprehend that there are not sufficient conveniencys in the same for the effects and fishing craft of that Harbour alone. In order to such a security it will be requisite to give directions to prepare more storehouses in the Fort of St. Johns, in which the people of that Harbour may lodge their effects gratis, and take them away at their pleasure, and that Forts or such other places of safety may be built in the Bays of Consumption, Trinity and Bonavista, wherein the inhabitants may safely lodge their effects, and by which all the land will be further secured from the incursions of their enemies. As Freedom and good order have been always thought necessary for the encouragement of this Fishing Trade, we pro[pose] that the Planters and their servants may be exempted from any press; that strict orders may be given to the Magistrates and Commanders to prevent the New England ships from carrying off the inhabitants or their servants without due notice, because by such methods the people that owe any money in the land very often go away, to the great loss of their creditors and the general prejudice of the Fisherie; and that, for the prevention of many oppressions and inconveniencys which may arise from the liberty the officers of the garrisons may take in trade, they may be debarred from the same. 11 signatures. [June 29.] 2¼ pp. [C.O. 194. 3. Nos. 68. 68.i.; and 195, 4. pp. 14–20; and (enclosure only), 194, 22. No. 33.]
July 5.
1219. W. Popple to the Mayor of Bristol. Encloses copy of preceding Memorial. The Council of Trade and Plantations desire you to consult with the traders to Newfoundland in your city, and appoint some person to attend their Lordships with your opinion upon ye whole matter as soon as may be.
Similar letter, mutatis mutandis, to the Mayors of Biddeford, Barnstable, Plymouth, Exeter, Poole, Dartmouth, Weymouth. [C.O. 195, 4. p. 21.]
July 5. 1220. Merchants of Poole trading to Newfoundland to the Council of Trade and Plantations. Seeing that it is now too late in the year to raise fortifications for that countryes safeguard the next winter, we propose that 2 or 3 fourth-rate men-of-war winter there, and cruise about St. John's Harbour, Trinity Harbour, and Ferryland Harbour respectively. In the winter the inhabitants may lodge themselves and their effects in any of these places. A captain and 30 or 40 soldiers to reside on Carboneere Island for the defence of that place and Consumption Bay. The best time to attack the French will be at the fall of the leaf, when there ships are all gone, vizt. the latter end of October, when a detachment of 50 men from each ship, 50 from St. Johns, and 100 or 150 inhabitants would be enough to destroy and plunder all their harbours in the S.W., the fort of Placentia only excepted, and that likewise if they can come upon it undiscovered, as the French did on St. Johns, and might have taken that fort, had they not began with the inhabitants first. We propose also that our forces should be transported into boats to the bottom of Trinity Bay, and thence march overland to the French Plantations, some of which are but few miles from the bottom of the said Bay. The 3 men-of-war above mentioned to be relieved every year until forts can be built; and such ships to serve as convoys for the ships bound to Portugal and England. 16 signatures. Seal. Endorsed, Recd. Read July 5, 1705. 1 large p. [C.O. 194, 3. No. 69; and 195, 4. pp. 22–26.]
July 5.
1221. W. Popple, jr., to Mr. Lowndes. Encloses extract of letter from Lord Cornbury. The Council of Trade and Plantations being sensible of a like want [of a collection of the statutes of England] in divers others of the Plantations, desire you to move the Lord High Treasurer, that they may have half-a-dozen to send as necessary. [C.O. 5, 1120. p. 321.]
July 6.
1222. W. Popple, jr., to Mr. Docminique. Encloses extract from Lord Cornbury's letter [? Feb. 19] relating to Indian lands, unto which your answer is desired, as soon as you can conveniently. [C.O. 5, 994.A. pp. 227, 228.]
July 6.
1223. W. Popple, jr., to Mr. Attorney General. Encloses extracts from Lord Cornbury's letter [? Feb. 19], etc. The Council of Trade and Plantations desire your opinion whether fines, forfeitures and escheats in New Jersey belong to H.M., or to the Proprietors of the soil, and whether the appointing of Rangers of the Woods be in H.M. or the Proprietors. [C.O. 5, 994.A. pp. 228, 229.]
July 6.
1224. Council of Trade and Plantations to the Queen. Offer that H.M. confirm Roger Mompesson, John Barbarie and Adolphus Philips, admitted by Governor Lord Cornbury to the Council of New York. [C.O. 5, 1120. pp. 322, 323.]
[July 6.] 1225. W. Bohun to the Council of Trade and Plantations. Prays to be made Attorney-General of New York. Signed, Wm. Bohun. Endorsed, Recd. Read July 6, 1705. 1 p. [C.O. 5, 1048. No. 119; and 3, 1120. pp. 323, 324.]
[July 6.] 1226. S. Broughton to the Council of Trade and Plantations. Prays to succeed his father as Attorney-General of New York. Endorsed, Recd. Read July 6, 1705. 1 p. [C.O. 5, 1048. No. 120; and 5, 1120. p. 325.]
July 6.
1227. W. Popple, jr., to Mr. Attorney-General. Enquires whether Mr. Bohun and Mr. Broughton (above) be fit to be recommended. [C.O. 5, 1120. p. 326.]
July 6.
1228. Mr. Secretary Hedges to the Council of Trade and Plantations. Upon your Representation of June 20, you will please to prepare instructions to Capt. Lloyd and the Commodore on the enclosed heads, or such other as you shall judge proper. Signed, C. Hedges. Endorsed, Recd. Read July 10, 1705. 1 p. Enclosed,
1228. i. Heads of Instructions referred to in preceding:—(1) That Capt. Lloyd may list such straglers in Newfoundland as frequently go for New England after the Fishery is over, which will be a means of keeping them in the country, but no persons that are servants to the inhabitants without their Masters' leave, and neither them nor straglers till the fishing season is over, unless H.M. service require it. (2) That Capt. Lloyd and the Commodore jointly examine into the management of affairs in Newfoundland last winter, and transmit an account thereof upon oath to England, especially upon the following particulars:—(1) Why a Guard was not left at the North Battery to take care of the guns there. (2) How two or more barrells of powder and small armes came to be left in a house or shed by the North Battery, by which the enemy did the most damage. (3) Why a guard on watch was not kept there every night as was done last winter. (4) How it happened that 3 or 4 houses and the inhabitants thereof were left entire and standing with their goods, and all others destroyed. 1¼ pp. [C.O. 194, 3. Nos. 70, 70.i.; and 195, 4. pp. 27–29.]
July 7.
1229. Mr. Phiphard to W. Popple, jr. In reply to letter of July 5. Two posts since I sent up our proposals relating to Newfoundland, etc. Signed, Will. Phiphard (Mayor of Poole). Endorsed, Recd. Read July 10, 1705. Addressed. ½ p. [C.O. 194, 3. No. 71.]
July 8.
New York.
1230. Governor Lord Cornbury to the Council of Trade and Plantations. Since my letters of Feb. 19, which went by the way of Boston to H.M.S. Advice, I have not had any opportunity of writing to your Lordshipps till now (except one letter which I sent by the way of Antego), but now Col. Quary having informed me that his affairs called him into England, I make use of this good opportunity, etc. In my letter of Nov. 6, 1704, I gave your Lordships an account that on that day I had dissolved the Assembly of this Province, and that I intended to call another in March last, but having advised with the Councill, what would be the most seasonable time for them to sitt, they were all of opinion that the beginning of June would be the best time, upon which I issued writts for the electing of Representatives to serve in Generall Assembly, to meet on June 1 last, but the Members not coming at the day appointed, I was forced to adjourn the Assembly by Proclamation severall times till June 11, at which time the greatest part of the Members being come, I sent for them and directed them to choose a Speaker, which they did, and presented him to me on the 14th, and having approved of him, I acquainted them what I thought necessary to be done this Sessions, a copy whereof I herewith send your Lordshipps, the Assembly is still sitting, for which reason I cannot send the Journall, because it is not perfect, but I think myself in duty to the Queen bound to acquaint you some of their proceedings, and first I must observe that in the Elections the people have generally chosen the same persons, and the Representatives have chosen the same Speaker, nevertheless I would not reject him because I was willing to let them see that I was not willing to retain any resentment of their ill-behaviour the two last Sessions, in hopes that they would have taken better methods then they did before, but it seems the Major Part of them came possesst with other minds, for having prepared a Bill to raise 1,700l. for the defence of the frontiers, they insisted (as they did the last Sessions) upon the nominating a Treasurer, and in their Bill, they make that Treasurer accountable to the Generall Assembly, and not to the Queen, which is directly contrary to my Instructions; when the Bill was sent up by the Assembly to the Councill, I took notice of these things and I shewed the Gentlemen of the Councill the 17th, 21st, and 23rd clauses of my Instructions [quoted]. Your Lordshipps will perceive by the (enclosed copy of the) Bill, that the Assembly have acted directly contrary to these three clauses, for in page i. of their Bill, it is enacted that the summ of 1,700l. shall be levied as therein directed, and for the uses therein mentioned, but it is not granted to the Queen, her heirs and successors, and in folio ii they appoint one Mr. Richard Willet to be Treasurer of New York (an Office not yet known); in folio iii they enact that the said Treasurer shall give security to the Queen by recognisance to be accountable to the Generall Assembly; folio xi (it is enacted that a certificate under the hand of the Collonel, Cheif Officer or Captain in the County or precinct where any man shall be detacht, and a certificate from the Mayor and Aldermen of the city of Albany or the major part of them shall be a sufficient warrant and authority to the Treasurer to pay the moneys by this Act to be levy'd etc.) soe that it will appear that in the first folio, they directly contradict the 17th clause of my Instructions, because they doe not grant to the Queen, her heirs and successors; in folio iii they doe a little more positively contradict the 21st clause of my Instructions, because they direct their pretended Treasurer shall give security to the Queen, to be accountable to the Assembly; which is noe lesse then to oblige a man to give security to the Queen, that H.M. commands shall not be obeyed, for the Queen is pleased to command that all moneys shall be made accountable for to herself, in England, etc., but it seems they think themselves wiser, and think it more proper that their pretended Treasurer should be accountable to them rather than to H.M. In folio xi they most positively contradict the 23rd clause of my Instructions, for they enact that a certificate from a Militia Officer, and another from the Mayor and Aldermen of the City of Albany shall be a sufficient discharge to their pretended Treasurer for the monyes he is to pay, whereas the Queen is pleased to command me, not to suffer any publick moneys whatsoever to be issued otherwise then by warrant under my hand, by and with the advice and consent of H.M. Councill (which I am sure I have hitherto punctually observed) but in this likewise they think themselves wiser then H.M., for they pretend to direct otherwise. Now my Lords, I must observe that they cannot plead ignorance, for they have been acquainted with these Instructions last Sessions, and the last Sessions but one, and it is a downright obstinacy, and a design to throw off the Authority of the Queen, if they can, or at least as much as they dare at once, and I think a pretty good guesse may be made of the temper and inclinations of the men, and what they would doe if they could, by the last clause in their Bill, folio xiv, in which they doe not only outlaw all persons without distinction who shall contravene their directions in that Bill, but they take it upon them to deprive H.M. of the power of pardoning, and not only of pardoning, but even of reprieving any of the persons who shall be guilty of a breach of their Act, for their words are these (And be it farther enacted by the authority aforesaid, that if any person or persons shall advise, frame, contrive or put in execution any commission, act, order, warrant or command whatsoever, for diverting or misaplying any of the money hereby to be raised and levied, to any other intent, use or purpose whatsoever, then to the uses, intents and purposes by this Act limited and appointed, he or they soe offending shall henceforth be disabled during life to sue or implead any person in any action, real or personall, or to make any gift, grant, conveyance or other disposition of any of his or their lands, tennements, hereditaments, goods or chattels, which he or they hath or have to his or their own use, either by Act executed in life, or by last will or otherwise, or to take any gift, conveyance or legacy to his or their own use, and be incapable of any ease or pardon from H.M., her heirs or successors of the penaltys and disabilitys aforementioned or any of them). This I confesse is a step farther then I thought they would have attempted to goe, I am satisfied there are some people here, that always have and always will fall out with their Governors, let them doe their duty never soe well, and that for noe other reason that I know of, but because they hate all manner of Government, but I did not think that they would have atackt the Prerogative soe barefacedly as they have now done, but I hope this will convince your Lordshipps of the necessity of regulating their methods of proceeding in the Generall Assemblys of these Provinces for the future; I send the amendments made by the Councill to the Bill and sent by them to the Assembly for their concurrence, and the copy of the message sent back with the Bill by the Assembly to the Councill, by which you will see that the Assembly insist upon it that the Councill shall not make any amendment to a money bill; this is a new doctrine in this part of the world, and never attempted till the last Sessions but one and was then set up on purpose to hinder any money from being given, and yet to save their credit with the people, who would have been uneasy with them, if they had not taken care of the defence of the frontiers, but passing a money bill with such clauses in it, as they know I could not pass, was thought by them to be the best means to save their money and their credit with the people too; I know very well that some of the factious people in the House have possessed the rest of the Members, that because the Commons of England will not suffer the Lords to make any amendments to a money bill there, that therefore they, as Representatives of the people here, have the same Right, and that they ought not to suffer the Councill to make any amendments to a money bill; if this Doctrine is suffered to goe on, all that the Governour and Councill can doe, will be to hinder the Assembly from doing mischief, but wee shall not be able to doe the good wee could wish to doe, unlesse H.M. will be pleased to declare her pleasure upon this subject, which I will see punctually obey'd, and I believe that will be the shortest and the best way to put an end to this method of proceeding, and will convince much the greatest part of the House, that they have been misled and abused, by two or three turbulent men, who never were nor ever will be faithfull to the Queen nor true to their countrey, I mean, French, Coddrington and Garton, the first has often declared that he liked noe Government at all, and the other two have been notorious for oposing at all times anything that the Gouvernors have proposed, and this long before my time. The Assembly is still sitting, and have already prepared severall Bills, and are preparing others, as soon as they are up, I will transmit to your Lordshipps such Bills as shall be past, and the Journall of their Proceedings by the first opportunity. This place suffers very much for want of a man-of-warr, there has been a French privatier upon this coast, he lay four days off of Sandy Hook, he had taken a Bermudas sloop, which was bound from this place to Jamaica, a few days before he came upon this coast, he had not been above 15 days out of Martinico. There is a briganteen and a sloop fitted out from Martinico to come upon this coast likewise, this I was informed of by the Master of the Bermudas sloop which was taken, whom the privatier had set on shore upon Sandy Hook. I acquainted the Gentlemen of H.M. Councill with the information I had, and asked their opinion if it would not be proper to fit out some vessells to endeavour either to take or drive away that privatier, who were all of opinion that it should be done, whereupon I ordered a ship of 10 guns, and two sloops, one of 4 gunns, the other of 8 guns, I put on board these four vessells 350 men, who were all well armed, what with their own arms and such as we could furnish them with out of the few stores we have, they were victualed for 10 days, they cruised as farr as the Capes of De La Ware to the Westward, and as farr as Block Island to the Eastward, but they could not get sight of the privatier, soe they returned into this Port; I am since informed by the Master of a brigantine that was bound from Jamaica to Virginia, that the privatier lay off the Capes of Virginia, and that he was taken by him, that he was four days a prisoner on board of the privatier, and that he took a prize every day while he was on board, I am likewise informed that since that, the Strumbolo went out of the Capes of Virginia in pursuit of the privatier, whom he fired severall guns at, and it is believed would have taken her, had it not fallen calm on a suddain, but it being soe, and the privatier having thrown his periago and his guns overboard, by the help of his oars got away; soe I hope we shall not be troubled with him any more, and what is become of the other two I have not heard, but, however, this has put this Province to a very great charge, which would not be if a man of warr were here, and besides the trade of this place would be securer, I therefore earnestly intreat your Lordshipps to take such care that we may have a man of warr, if there is not one already appointed. I now send a particular account of how the stores have been disposed of since my coming into this Province, for I have never been able to get any account before, for when I demanded an account from the person who was storekeeper when I arrived here, whose name was Maddocks, he was formerly one of my Lord Bellomont's servants, and went into England with the Countesse of Bellomont, when I asked him for an account of the stores, he brought me an account of what remained in store at that time. I told him I must have an account of what stores he had delivered out, he said he could not doe that, for he had delivered them out by verball orders, and he did not think it necessary to keep any account in writing, soe I could get none from him; whereupon I made an order that noe stores should be delivered out, but by an order under my hand or, in my absence, under the hand of the Officer commanding in the Garrison, of which I have an account immediately at my return, by which means I am able to give an account of what has been disposed of in my time, and I shall continue the same care, therefore I hope your Lordshipps will be pleased to procure stores to be sent over before winter, else we shall be in a very poor condition, if the French should attempt anything upon our frontiers this winter, which is the season which they commonly choose for those expeditions. I must again renew my request that a Statute book may be sent hither, to remain in the Secretary's Office for the use of the Councill, I have one of my own, but it reaches noe lower then the 32nd of Charles II, and we are very often at a losse when the Lawyers in their pleadings quote any Acts since that time. I hope you will likewise please to endeavour that a New Great Seale may be sent hither for this Province, the old one is very much worn.
With respect to the Province of New Jersey very little new has happ'ned, since the account I gave you by H.M.S. Advice. In May I went to Burlington to meet the Assembly, according to adjournment, the Members of the Eastern Division came to Burlington, but the Members of the Western Division did not appear, except those who served for Burlington, soe I adjourned by Proclamation for a few days, in hopes the Members would come up, but they did not, the Members of the Eastern Division grew uneasy, and presented a Petition to me, to desire they might have leave to return to their country affairs, their attendance being to noe purpose since the Members of the Western Division did not attend, and farther prayed that the Assembly might be adjourned to some more seasonable time, this Petition being delivered to me, and being informed by very good hands that the reason why the Members of the Western Division (who are all Quakers, except one, did not attend) was because somebody had told them that if the Assembly did not meet, it was disolved of course, and they had a mind to try a new Election, to see if they could not get some of their friends in for the Eastern Division, and having waited for them upwards of three weeks, and the time for the sitting of the Assembly of New York drawing near, I thought it proper to adjourn the Assembly of that Province to the month of October next, at which time I will not fail to attend my duty there, whether they will come or not I cannot tell, however, by the first opportunity that offers afterwards, I shall acquaint your Lordshipps with all matters that shall happen; In the mean time I intreat you that a Great Seale may be sent for that Province, there having been none yet, for want of which many things remain undone which should be done; I beg your Lordshipps' opinion and directions concerning the clause in my Instructions (You shall also propose unto the said Generall Assembly, and use your utmost endeavours with them, that an Act be passed for raising and setling a publick Revenue, for defraying the necessary charge of the Government, in which provision be perticularly made for a competent sallary for yourself as Captain Generall and Governour in Cheif, and to other our succeeding Captain Generalls, for supporting the dignity of the said Office, as likewise due provision for the respective Members of our Councill and Assembly, and of all other Officers necessary for the administration of that Government), whether H.M. is pleased that the Gentlemen of her Councill should have fixed sallarys, and if the Members of the Assembly should have sallarys out of the Revenue, and I have two reasons which move me to desire your opinion upon this matter; the first is because I am afraid it will be a means to induce the Gentlemen of H.M. Councill for the Province of New York to desire the same, whereas they have never yet had any such allowance. The other is because the Revenue will not answer it, as for the Members of Assembly in the Province of New York, the severall countys and borroughs pay their Representatives without burthening the Revenue with it, and with submission to your Lordshipps. I conceive it may be ordered the same way in New Jersey without any prejudice; however, I shall observe your directions. The Revenue is already raised for one year, according to the directions of the Act, and in the places where it falls the heaviest, it amounts to noe more then 2¾d. in the pound, and that according to the vallue set upon the land in the Bill, which is 10l. for every 100 acres, whereas it is certain that land sells in New Jersey from 40l. to 60l. for 100 acres, soe that in truth the tax does not amount to more than ¾d. in the pound of the reall vallue, which makes the people very easy. Signed, Cornbury. P.S.—It is upwards of seaven months since I have heard one syllable from England. Endorsed, Recd. 3rd, Read Dec. 5th, 1705. Holograph. 8 pp. Enclosed,
1230. i. Speech of Governor Lord Cornbury to the Assembly of New York, June 11, 1705. I am sorry the Queen's service in the neighbouring Province, and the ill weather wee have lately had have hindred me from meeting this Assembly so soon as I intended, however, I hope you will have time enough to dispatch such things as may be necessary, etc. I particularly recommend:—(1) that a summe may be provided sufficient to pay 100 fuzileers and 50 outscouts, with officers, to be sent to Albany and places adjacent, for the defence of the frontiers for one year, and likewise that provision may be made for their going up to and returning from Albany, and likewise for bedding for them while they are there; this is of absolute necessity at this time, because I have recd. an account of a design of the Waghana Indians with several other Nations in amity with the French to attack our Five Nations, who if they see that wee are either not willing, or not able to support and defend them against their enemys, will the more easily be persuaded to goe over to the French, the ill consequences whereof are so well known, that I need not mention them to you, nor particulars of this news, because I had it from the Representatives for the County of Albany. (2) I recommend to your care the providing for the charges of the detachments sent up to Albany for the defence of the frontiers last fall, an acct. whereof shall be laid before you. (3) The Bill for settling the Militia, which was passed in 1702, is expired by its own limitation. I think 'tis very necessary that Act should be revised. (4) The difficultys which some very worthy Ministers of the Church of England have mett with in the getting the maintenance settled upon them by an Act of the Generall Assembly, 1693, moves me to propose to you the passing an Act explanatory thereof, that those worthy men may enjoy in quiet that maintenance which was by Law provided for them. (5) I further recommend the passing an Act to provide for the maintenance of some Ministers in some of the towns of the East End of Long Island, where I don't find any provision has yet been made for propagating Religion. (6) The next thing which does very highly deserve your serious thought, is the laying a duty upon all European goods imported with this Colony from any of the neighbouring Provinces, whereas now these goods pay no greater duty's then those which come directly from England; I did recommend this matter to the last Assembly, and I am afraid the not doeing of it at that time has been a considerable prejudice to the Trade of this Province, and I am perswaded that unless effectuall care be now taken in that matter, the trade of this place will not only become precarious, but our Navigation will be entirely ruined; I am of opinion it would be very proper to lay a duty upon all rum and other spiritts imported from any place w'tsoever, except England, and H.M. Islands in the West Indies. I earnestly recommend the preparing such a Bill. (7) I further recommend to your consideration, whether the passing an Act to discourage the exportation of corn and to encourage the exportation of flower from this Province, would not be of good advantage to Trade. (8) I observe that dureing the late warr, at a time when much greater sums were given for the defence of the frontiers then have ever been demanded since the beginning of this, the Assembly's thought fitt to grant severall sums of money towards the discharging the debts of the Province, whether it is not as reasonable to take the same methods now, to discharge the debts which were contracted before my comeing to this Govermt., I leave to your considerations; onely I think it a duty incumbent on me to putt you in mind of it, that the people to whom these debts are due may not think themselves neglected. (9) It will be necessary to pass an Act to prevent the clipping and defacing the foreign coin, which has currency here; and another for the more effectual suppressing of scandalous houses and Bawdy houses, and to prevent scandalous women from comeing from the neighbouring Provinces to live in this; and another to punish Negroes, Indians and Molatto slaves, and to prevent their running away from their masters. (10) H.M. has been pleased to order that for the future no Governor, Lt.-Governor or Commander-in-Chief of this Province shall receive any gift or present from the country, which order you will find entred in your journalls; all the return the Queen expects for easing you from the burthen of those presents is, that you contribute more freely to the defence of the country, etc. Endorsed, Recd. 3rd, Read Dec. 6th, 1705. Copy. 2¾ pp.
1230. ii. Copy of a Bill for levying and collecting 1,700l. for the defence of the Province of New York. July 3, 1705. Referred to in above letter. Endorsed as preceding. 8 pp.
1230. iii. Copy of Amendments made by the Council of New York to preceding. Same endorsement. 2¾ pp.
1230. iv. Copy of Reply of the Assembly to preceding. July 14, 1705. "It is inconvenient for this house to admitt of any amendment made by the Councill to a Money Bill." Same endorsement. 1 p.
1230. v. Account of Ordnance Stores expended in New York, May, 1702—Feb. 16, 1704/5. Attested by Lord Cornbury. Same endorsement. 1 large p. [C.O. 5, 1048. Nos. 121, 121.i.–v.; and (without enclosures), 5, 1120. pp. 350–376.]
July 9.
1231. Order of Queen in Council. Approving reports (May 12, 24) upon Mr. Clifford's case. Mr. Secretary Harley is to lay the same before H.M. at a convenient time for H.M. further pleasure. Signed, John Povey. Endorsed, Recd. Read July 20, 1705. 1½ pp. [C.O. 388, 75. No. 129; and 389, 36. pp. 304, 305.]
July 9.
1232. Order of Queen in Council. Approving Representation of July 6th. Mr. Secretary Hedges to prepare a warrant for confirming Messrs. Mompesson, Barbarie and Philips Members of Council of New York. Signed, John Povey. Endorsed, Recd. Read July 20, 1705. 1¼ pp. [C.O. 5, 1048. No. 122; and 5, 1120. pp. 335, 336.]
July 9.
1233. Order of Queen in Council. Instructions to Governor Parke in the case of the America belonging to Samuel Baron, who claims damages from Col. Codrington. [See Acts of Privy Council, II. pp. 378, 379.] Signed, John Povey. Endorsed, Recd. Read April 2, 1706. 6 pp. [C.O. 152, 6. No. 35; and 153, 9. pp. 301–307.]
July 10.
1234. N. Byfield to [? Sir C. Hedges]. Repeats the case of the Charles prize. Signed, Nathl. Byfield. Endorsed, R. Nov. 2. 3 pp. Enclosed,
1234. i. Copies of Petition of Col. Paige, etc. to Governor Dudley, Boston, June 23, 1705; Governor Dudley to N. Byfield, June 25, 1705; John Colman to Governor Dudley, June 17; Governor Cranston to N. Byfield, June 16; and Minute of Assembly of Rhode Island, June 19, 1705; the Governor has the power to grant commissions to privateers, etc. [See Nos. 1274.ff.] 4 pp. [C.O. 5, 751. Nos. 67, 67.i.; and (duplicates), 68, 68.i.; 69, 69.i.; 70.]
July 10.
Crotchett Fryers.
1235. Mr. Merrett to Mr. Popple. Encloses following, etc. Signed, Solomon Merrett. Endorsed, Recd. Read July 11, 1705. Addressed. ½ p. Enclosed,
1235. i. Some Interrogatories to be put to John Stevens aboard the Friendship sloop. 17 questions as to what he heard in Newfoundland. Cf. Merrett's queries, No. 1243.i. 2 pp. [C.O. 194, 3. Nos. 72, 72.i.]