America and West Indies
January 1701, 27-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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53-62

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'America and West Indies: January 1701, 27-31', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 53-62. URL: http://www.british-history.ac.uk/report.aspx?compid=71533 Date accessed: 25 November 2014.


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Contents

January 1701

Jan. 27.80. J. Burchett to William Popple. H.M.S. Assistance and Feversham, being appointed convoy to Newfoundland, will be ready to proceed about a month hence. My Lords have directed me to give you notice hereof to the end that if the Lords Commissioners of the Council of Trade and Plantations have any heads of enquiries to be made, you will please send the same hither, that so the Commander in Chief of that convoy may be directed to make the said enquirys accordingly. Signed, J. Burchett. Endorsed, Recd. Read Jan. 28, 1700/1. Addressed. ¾ p. [Board of Trade. Newfoundland, 4. No. 23; and 25. p. 402.]
Jan. 27.81. Council of Trade and Plantations to Governor Grey. Having considered the matter complained of in the petition of John Loder, etc., we are in H. M's. name to require you for the future to be more careful in the expediting of Justice, and to hold Courts of Chancery until all the causes depending in Barbadoes be determined, to the end that no more occasion be given for complaints in matters of this nature, which are so grievous to the subject. And we do farther direct that entry be made of this letter in the Council Books for the satisfaction of all persons therein concerned, and that you return us an account of your proceedings herein and in answer to our letter of Oct. 16. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [C. O. 29, 7. pp. 236, 237.]
Jan. 27.82. Minutes of Council of New York. Thomas Weaver was sworn a Member of Council. He produced a warrant from the Commissioners appointed to examine the public accounts, commanding him to lay before them the accounts of the public revenue since King Charles' time, which he could not do, by reason that he never yet hath had them in his possession. Ordered that the executrix of Col. Stephen Cortlandt do forthwith produce to this Board all the books, and accounts relating to the King's revenue, which were in the possession of her late husband, on Thursday next.
The Collector and Naval Officer announcing that there now are two vessels that desire to enter with them in order to their loading, the masters of which are Frenchmen denized, desired the opinion of this Board. Ordered that advertisements be affixed on the most public places in this City, requiring all Masters and Owners of ships trading within this province, who are not naturally born subjects of England, Ireland or the Plantations, to appear before the Board on Munday, and then and there offer their reasons why they should be not debarred from being owners and masters of ships.
23l. paid to Abraham Gouverneur for his expenses in searching after the money discovered by James Gillam, the Pyrate lately executed in England, before his death to be hid by him in the East End of Nassau Island.
The Excise at Albany having been let to farm to Johannes Groenendyck, the highest bidder, for 185l., which is much more than the same made when in the hands of Robert Livingston, who had a salary of 50l. for collecting it, and the whole sum collected by him amounted but to 50l. over the said salary, ordered that Mr. Livingston do not receive any salary as Collector. [C.O. 5, 1184. pp. 412–415.]
Jan. 27.
Whitehall.
83. Journal of Council of Trade and Plantations. Directions given for preparing Instructions concerning Accessories to Pirates, and for forwarding Commissions for trying pirates.
Letter from Governor Grey, Nov. 12, read.
Letter to Governor Grey signed.
Directions given for preparing a Representation upon the administration of Justice in Barbadoes.
Letter from Col. Quary, Nov. 14th, last, read, and papers inclosed laid before the Board. Directions given for writing to Mr. Burchet for information.
Jan. 28.The above mentioned letter agreed upon and sent.
Letters about accessories to piracy ordered to be prepared, with covering letter to Mr. Vernon.
Letter from Mr. Burchett, Jan. 27, read. Ordered that a Commission and Instructions for the Commodore of the Convoy to Newfoundland be got ready.
Act of Maryland for the service of Almighty God considered. Ordered that all the great Officers who are of this Commission be desired to assist on Friday, and that Mr. Attorney General have the like notice.
Jan. 29.Draughts of letters from H.M. to Governors, relating to Accessories in cases of piracy, laid before the Board, and covering letter to Mr. Secretary Vernon signed. Letter to the Admiralty, to mind them of giving the like Instructions to the Commodore for Newfoundland, ordered.
Memorial of Mel. Holder etc. in favour of the Act of Barbados for the better securing the liberty of H.M. subjects, read. Directions given for laying an abstract of that Act before the Board on Friday.
Letter from Mr. Secretary Vernon, Jan. 28, read. Directions given for preparing an answer to him upon the last part of his letter, which relates to Proprieties.
Copies of H.M. letters to the Governor of Virginia, Dec. 30, 1700, read.
Order of Council, Jan. 16, relating to a new establishment for the pay of the 4 Companies at New York read, and ordered to be communicated to Mr. Champante.
Orders of Council, Jan. 23, read. Draught of a letter for H.M. signature relating to the Jamaica Revenue ordered accordingly. [Board of Trade. Journal, 13. pp. 334–342; and 98. Nos. 18–20.]
Jan. 27.84. William Popple to Governor Sir Wm. Beeston, enclosing Commission for trying pirates at Jamaica, the Bahamas, or at sea, pursuant to the act for the more effectual suppression of piracy. [C. O. 138, 10. p. 125.]
Jan. 27.
Whitehall.
85. William Popple to the Jamaica Agents. Enclosing above to be forwarded. [C. O. 138, 10. p. 126.]
Jan. 27.
Whitehall.
86. William Popple to Governor Nicholson, enclosing a Commission for trying pirates at Virginia, or North and South Carolina, or at sea. [C. O. 5, 1360. p. 66.]
Jan. 27.
Whitehall.
87. William Popple to Governor Codrington. Enclosing Commission for trying pirates in the Leeward Islands or at sea. [C. O. 153, 7. p. 149.]
Jan. 27.
Whitehall.
88. William Popple to Richard Cary, Agent to the Leeward Islands. Enclosing preceding to be forwarded. [C. O. 153, 7. p. 149.]
Jan. 27.
Whitehall.
89. William Popple to Governor Grey, enclosing a Commission for trying pirates in Barbados or at sea. [C. O. 29, 7. p. 236.]
Jan. 27.
Whitehall.
90. William Popple to Governor the Earl of Bellomont. By order of the Council of Trade and Plantations, I herewith send your Lordship five copies of the Commission for trying pirates in the Massachusetts Bay, New Hampshire, Rhoad Island, or at Sea. [C. O. 5, 909. p. 369.]
Jan. 27.91. Same to same. Similar letter mutatis mutandis, enclosing Commission for trying pirates in New York, East and West New Jersey, Connecticut or at sea. [C. O. 5, 1118. p. 113.]
Jan. 27.
Whitehall.
92. William Popple to Mr. Champante. I herewith send you, by order of the Council of Trade and Plantations, two boxes containing Commissions to Lord Bellomont for trying pirates. I am to desire your care in sending the same forwards by the best and first opportunities you can meet with, taking a receipt from the persons by whom you send them, and giving me notice thereof. [C. O. 5, 909. pp. 369, 370.]
Jan. 28.
London.
93. Copy of the Receipt for the Commission to Lord Bellomont etc. for trying Pirates, received from Mr. Champante. Signed, Wm. Rous. Endorsed, Recd. Jan. 29, 1700/1. [C. O. 5, 862. No. 38.]
Jan. 28.94. Mr. Secretary Vernon to the Council of Trade and Plantations. I have laid your Representation of the 25th inst. before the King, and have thereupon by H. M. command signified his pleasure to my Lord Romney, that he direct Mr. Lilly, the Engineer, who was with Rear-Admiral Benbow at Jamaica, to give his Lordship an account to be layd before H. M. what will be the charge of the Fort he proposes as necessary to be built upon Musketo Point there, as also of making two other small forts for securing the settlement of St. Dorothys and Vere near the Old Harbour; and that Rear Admiral Benbow having further proposed the building a Fort at Port Morant in the East part of Jamaica, that Mr. Lilly do also give an account what the charge thereof will amount to. I have likewise acquainted my Lord Romney with H. M. pleasure that he give directions to the Office of Ordnance for furnishing 30 barrels of powder, 100 fire-locks with musket-ball proportionately, a quantity of match and five flags for the use of the Island of Bermudas, and that the same be delivered to Capt. Bennet. And I have signified H. M. directions to Capt. Bennet that immediately upon his arrival there, he informe himself of the state of the fortifications, guns, and stores of warr in those Islands, and in case he have no other oppertunity, that he forthwith dispatch hither a Bermudas Sloop with an account thereof. H. M. dos very well approve that directions be sent to the Governors of H. M. Plantations in the West Indies to transmit hither a perfect account of the State of deffence of the said Plantations. I desire you will let me know the names of the persons to whom the Propriety Governments in America do belong, having received H. M. directions to signify his pleasure to them that they take care to provide for the security of the several Colonies under their jurisdiction. Signed, Ja. Vernon. Endorsed, Recd. 28. Read 29 Jan., 1700/1. 2½ pp. [Board of Trade. Plantations General, 5. No. 83; and 35. pp. 370–371.]
Jan. 28.95. Memorandum of above letter. ¼ p. [C. O. 28, 4. No. 76.]
96. Similar memorandum, ¼ p. [C. O. 37, 3. No. 50.]
97. Similar memorandum. ¼ p. [C. O. 137, 5. No. 26.]
98. Similar memorandum. ¼ p. [C. O. 152, 4. No. 17.]
99. Similar memorandum. ½ p. [C. O. 5, 1260. No. 88.]
Jan. 28.
Whitehall.
100. Wm. Popple to Josiah Burchett. The Council of Trade and Plantations having received from Col Quary, Judge of the Court of Admiralty in Pennsylvania, some complaints of the obstructions he there meets with in prosecuting illegal traders and pirates, and condemning of ships for breaches of the Acts of Trade and Navigation, and their Lordships, having Orders from H.M. to represent to H.M. the conduct of the Propriety Governments in that and other respects, desire you to communicate to them such informations as the Commissioners of the Admiralty have lately received relating to illegal trade and piracy in the Province of Pennsylvania. [C. O. 5, 1288. p. 432.]
Jan. 28.
Philadelphia.
101. Vestrymen of Christchurch in Philadelphia to the Council of Trade and Plantations. On behalf of ourselves and all the Communion of our Holy Mother the Church of England, we implore your protection in the free exercise of our religion according to the practice and canons of the Church, contrary to which Governor Penn and his Assembly have made a late Act to impose on our Minister and us; notwithstanding King Charles II in his grant to Governor Penn was gratiously pleased to reserve for the Members of the Church of England the free exercise of their religion in all its parts, which privilege we enjoyed till Mr. Penn's arrival. We have represented our deplorable condition fully home to the Archbishop of Canterbury and the Bishop of London, who we presume will lay the matter before you. We humbly pray to be heard before you present the late Acts of this Government to H.M. for his approbation. We have a long time silently grown'd under the miseries and hardships that we have suffered in this Government. The number of people in this Government that are not Quakers are far more than those that are, among which number there be several thousands both capable and willing to take up arms for H.M. service and defence of his Province, yett we are expos'd to all the miseries imaginable, not only from a publick enemy, but from pyrates and Indians, the wofull experience of which we have lately felt, and all this is occasioned for want of a Militia, which this Government will not allow of. Nor is there so much as a Military Commission in this Government, or a gun mounted, tho' they have loaded us this year with no less than 2000l. clear of all charges to Governor Penn, and other taxes to the value of 1000l. a year to him, and all this besides the ordinary taxes of the Government, which amounts to a very great sum. H.M. and the Parliament of England have declared it to be the right of the subject in case of grievance to petition, yet this Government have now made a law that to write or speak against this Government shall be sedition (of which they, the Quakers, will be the Judges, for there is not one Magistrate in this Government of the Church of England) under grievous pains and penalties. Our lives, liberties and estates are taken from us, contrary to law and the rights and liberties of English subjects, by judges, juries and witnesses not sworn or so much as under the obligation of any test that hath the name of God in it, nor will they suffer those that are not Quakers to be sworn in Court, tho' they doe declare that they doe not believe that their attest doth oblige them. And now to compleat our unhappiness, they are resolved to impose on us, contrary to the practice and cannons of our Church. We beseech the protection of the Board. We lay before you another part of an Act past this Assembly, wherein your Lordships will have a full view of this gentleman's design, by endeavouring to cut off any advice or assistance we might expect from the practicers of the Law here, which he has already effected, excluding the Attornies, which we can rely on, the Courts, unless they will swallow and square themselves according to this new-modelled attestation. That you may see we have always been a peaceable, easy, quiet and obedient people, though we very well know that neither Governor Penn or his late L. G., Governor Markham, were qualified to be Governors as the Law requires, neither of them having had the King's approbation, nor hath Governor Penn taken those oaths that the Act of Parliament enjoyns, yet we have never failed of paying all due respect to them, and all submission to their Government, tho' we have had very near examples to the contrary by our neighbours the people of the Jerseys, who have refused to give obedience to two of their Governors for no other reason but that they had not the King's approbation, and at this very time they refuse to submit to Governor Hambleton (sic), on the same account. We should not have presumed to have laid our grievances now before you, had we not found that Governor Penn resolves not only to continue that uneasy and intolerable yoak and burthen, which we have so long groaned under, but is adding more weight to our former misery by making laws contrary to our religious rights and consciences. Signed, Evan Evans, Chaplain, Robt. Quary, Joshua Carpenter, J. Moore, Charles Sober, Edwd. Sinout, Saml. holt. Endorsed, Recd. Read 5 May, 1701. 3 large pp. [C. O. 5, 1260. No. 89; and 5, 1289. pp. 54–62.]
Jan. 28.102. Report of all the ships and seamen belonging to and employed in the Harbor of Agua Fort in Newfoundland. Exon. Jan. 28, 1700/1. Signed, Benedict Stafford (Admiral of the Harbour). Endorsed, Read May 16, 1701. Subscribed (in Mr. Popple's hand). This was sent from Exeter to Sir Walter Young, Commissioner of the Customs, and by him to this office about the end of Feb., 1700/1. 1 p. [Board of Trade. New Newfoundland, 4. No. 34; and 25. p. 444.]
Jan. 29.
Whitehall.
103. Council of Trade and Plantations to Mr. Secretary Vernon. Enclosing draughts of letters from H.M. to the several Governors about sending home accessories in cases of piracy. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [Board of Trade. Plantations General, 35. p. 369.]
Jan. 29.104. Draught of a letter for H.M.'s Signature to Governor the Earl of Bellomont. Notwithstanding anything contained in our letters of Feb. 10, 1699/1700, you are henceforward to govern yourself in matters relating to pirates according to the intent of the Act of Parliament since past and the Commission sent you in pursuance thereof. But whereas accessories in cases of piracy beyond the seas are by the said Act left to be tried in England according to the statute of the 28th Hen. VIII, we hereby require you to send all such accessories in cases of piracy in the Massachusets Bay, New Hampshire, and Rhoad Island, with the proper evidences that you may have against them, into England in order to their being tried here, and you are to give notice of our pleasure herein to the Governor and Company of Rhoad Island, that they may conform themselves thereunto. Given at our Court at Kensington, Feb. 2, 1700/1. Countersigned, James Vernon. [C. O. 5, 909. pp. 371, 372.]
Jan. 29.105. Similar letter, mutatis mutandis, to Governor the Earl of Bellomont as to sending home accessories to piracy in New York, East and West New Jerseys and Connecticu. [C. O. 5, 1118. pp. 115–117.]
Jan. 29.106. Similar letter, mutatis mutandis, to Governor Grey of Barbados. [C. O. 29, 7. pp. 239, 240.]
107. Similar letter, mutatis mutandis, to Governor Sir William Beeston, in reference to Jamaica and the Bahama Islands. [C. O. 138, 10. pp. 128, 129.]
108. Similar letter, mutatis mutandis, to Governor Codrington in reference to the Leeward Islands. [C. O. 153, 7. pp. 150, 151.]
109. Similar letter, mutatis mutandis, to Governor Nicholson, in reference to Virginia and North and South Carolina. [C. O. 5, 1360. pp. 67, 68.]
110. Similar letter, mutatis mutandis, to Governor Blakiston. [C. O. 5, 726. pp. 22–24.]
Jan. 29.111. Governor and Company of Hudson's Bay to the Council of Trade and Plantations. Refer to letter of July 10, 1700. But in obedience to your Lordships' letter of the 22nd inst. and to show how desirous they are to comply therewith as much as in them lyes and is consistent with theire future safety, they do further offer the following proposals of limits between them and the French:—(1) That the French be limitted not to trade by wood-runers (coureurs des bois) or otherwise, nor build any house, factory or fort N. of Albany River, vulgarly called Chechechewan on the West Maine or Coast; (2) or N. of Hudson's River, vulgarly called Canuse River on the East Coast; (3) the English, upon such an agreement do engage not to trade by wood-runers nor build any house, factory or fort S. of Albany River on any ground belonging to the Hudson's Bay Company; (4) or S. of Hudson's River on any ground belonging to the Hudson's Bay Company; (5) that all the Islands in the Bay and Streights of Hudson, N. of Albany River and Hudson's River remaine to the English; (6) and those Southward to the French; (7) that neither the French nor English shall at any time hereafter extend theire bounds contrary to the aforesaid limitations, nor instigate the natives to make war or joyne with either in any acts of hostility to the disturbance or detriment of the Trade of either Nation.
These terms the Company are willing to agree to upon condition they may be secured from any claim that has been or may be made on them by vertue of the 8th Article of the Treaty of Risewick or by any other matter or thing relating to the said Treaty. And if the French think fitt to accept thereof, the Company are willing to exchange places with them, but not without settling of limits, for the said 8th Article, which saith there shall be an exchange of places, doth also say that limits shall be likewise settled, and it would seem very unreasonable that one should be performed without the other. As to the Companies naming of Rivers as boundaries, and not Latitudes, the same is more certain and obvious, both to the Natives as well as to Europians (and the contrary impracticable), nor can the latitude be so well laid downe in that wild country, the Indians well knowing the one, but not the other. But should the French refuse the limits now proposed by the Company, the Company thinke themselves not bound by this or any former concessions of the like nature. But must, as they have always done, insist upon their prior and undoubted wright to the whole Bay and Streights of Hudson, which the French never yet would strictly dispute or suffer to be examined into (as knowing the weakness of their claime) though the first stepp in the said Eighth Article of Risewick directs the doeing of it. Signed, by Order of the General Court of the Company, Wm. Potter, Secr. Endorsed, Recd. Read Feb. 12, 1700/1. 2 pp. [C. O. 134, 2. No. 29; and 135, 3. pp. 97–101.]
Jan. 30.
Antigua.
112. Governor Codrington to the Council of Trade and Plantations. Lieut. General Fox, who will deliver this, will give you so fair an account of all things relating to this Government, the strength of the Islands, their trade, the temper and inclinations of the inhabitants in point of trade, the management of H.M. Customs, and false bias an[d?] unaccountable jealousy of the Assemblies, and above all the present circumstances of St. Christopher's, that I may save you the trouble of reading what I should otherwise think myself obliged to write largely on these heads. Whether he did well or not in taking upon himself the Civil power before my arrival, your Lordships are to judge (and I most earnestly beg your positive resolution in that matter), but if he had a legal authority I must do him the right to say he has made no ill use of it. There was not wanting those who took paines to give me very disadvantageous impressions of his conduct, but upon inquiry I was satisfied they were only angry because ye King's rights and the publick good were preferred to their private interest. There is not anything he has done that I should not think myself obliged to have done, unless it be the passing two Acts, one at Antigua and another at Mountserratt, which I think very pernicious, and he must have been either surprised or overperswaded to his assent. As to any advantages he has made by his acting, I am sure they have not more than answered his charges, for I hear but of one inconsiderable present that was made him at Mountserratt. When he has given you an account of the present state of St. Christopher's, I hope your Lordships will send me some positive orders about the settlement of it. I have recommended and past some good laws there, but I am not yet inclined, though much prest to it, to pas any law for fixing of titles, for there are so many different pretentions to the same land, and [the] grounds of those pretentions so very uncertain that I know not what measures to take, I being equally unwilling to give a right to wrongfull possessors and to turn out those to make way for such who, if they have better title[s], cannot well prove them. A General Court of Claimes or a Commission of Escheat would be the best method, but two or three people, who have graspt a great deal of more land than ought to fall to their share or is consistent with a thorough settlement of the Island, would put such colours upon an attempt of this kind, as would make halfe the inhabitants mad, an[d] occasion a ferment little less than a rebellion. I leave this to be explained to your Lordships by Col. Fox, and humbly beg your orders upon it.
Col. Fox can give you an account of my behaviour in respect of Col. Norton, and will satisfie you he was fitter to be a Rapperree then a Governor. I act with as much caution in everything I do, as if I were walking between red hot irons, and act with the same sincerity as if I were to dye to-morrow. If I had not an estate here, I wou'd not serve in the Government for 2000l. a year, and I must venture to be thought impertinent by your Lordships in saying to you again that the Colonies abroad will be then governed as they ought to be, when Governors are made independent of their Assemblies, and after that hanged up when they don't do their duty. Signed, Chr. Codrington. Endorsed, Recd. Read July 2, 1701. 3 pp. Annexed,
112. i. Abstract of preceding. 1 p. [C.O. 152, 4. Nos. 18, 18.i.; and (without abstract) 153, 7. pp. 200–202.]
Jan. 30.
Antigua.
113. Governor Codrington to [? William Blathwayt]. After preliminary compliments;—I send this by Col. Fox, who can give so particular an account of these Colonies yt I may save you ye trouble of reading a long letter. I hope, Sir, if a war should break out some care will be taken of us. I should be very glad if any new forces should be sent to this part of ye world yt Col. Fox might command. Nothing but the hope of deserving of my master's good opinion can keep me in this part of the world, for my employ is rather an expence than an advantage to me. Signed, Chr. Codrington. My most humble service to Mr. Vernon, my good friend. Holograph. 2 pp. Unendorsed and unaddressed. I suggest Mr. Blathwayt (Secretary of State for War) as the addressee, judging from the military nature of the contents. [C.O. 152, 4. No. 18.]
Jan. 30.114. Minutes of Council of New York. Capt. Jacobus Cortlandt and Johannes Cortlandt, brother and son of Col. Stephen Cortlandt, late Collector, appeared and informed the Board that the publick accounts could not possibly have been prepared and made ready by them as ordered Jan. 27, but would be delivered on Thursday next.
With regard to paying Mr. Livingston's salary as Secretary for the Indian affairs, the Council were of opinion that H.E. could not regularly order the payment thereof till H.M. pleasure be known upon the report made upon that matter in obedience to an Instruction from H.M., Aug. 31, 1697. The Collector and Receiver General was accordingly commanded not to make any payment of any such warrants already past for the same until H.M. pleasure be known.
30l. paid to Col. Abraham Depeyster for one pipe and one quarter cask of Madera wine given to the soldiers of the militia and the garrison and the crew of the Advice upon H.M. birthday. [C. O. 5, 1184. pp. 415, 416.]
Jan. 31.115. List of Proprietary Governments, with some observations upon them, sent to Mr. Secretary Vernon [by the Council of Trade and Plantations.] [C. O. 5, 1288. pp. 433–436.]
Jan. 31.
Whitehall.
116. Journal of Council of Trade and Plantations. Lord President, Earl of Bridgwater, Mr. Secretary Vernon, Mr. Secretary Hedges, Archbishop of Canterbury, and Bishop of London attending. Act for the service of Almighty God and establishment of religion in Maryland according to the Church of England, read, and several observations upon particular clauses and expressions therein being also read and considered, their Lordships agreed that the said Act ought to be repealed either by H.M. Order in Council or by a new Bill or Bills to be formed with proper alterations agreable to the toleration allowed here, and sent to the Governor of Maryland to be offer'd to the Assembly of that Province. The Archbishop and Bishop of London having retired,
An abstract of the Act of Barbados for securing the liberty of H.M. Subjects was read, and referred to further consideration.
Mr. Blathwayt communicated to the Board an additional establishment relating to the four Companies in New York, Jan. 20. A copy was kept.
A list of the Propriety Governments with observations upon them was delivered to Mr. Secretary Vernon, in answer to his letter, Jan. 28. And in relation to these Proprieties he signified H.M. pleasure yt this Board should represent the State thereof, in order to such directions thereupon as may be necessary. [Board of Trade. Journal, 13. pp. 343, 344; and 98. No. 21.]