America and West Indies
October 1701, 1-5

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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550-567

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'America and West Indies: October 1701, 1-5', Calendar of State Papers Colonial, America and West Indies, Volume 19: 1701 (1910), pp. 550-567. URL: http://www.british-history.ac.uk/report.aspx?compid=71576 Date accessed: 23 October 2014.


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Contents

October 1701

Oct. 1.Col. Jory brought a Commander of a ship from Nevis (see Sept. 26), who declared that he' and another had brought over some disbanded soldiers thence, and that he did not hear whilst he was there that any of them, who desired to come for England, were denied that liberty.
Col. Morris shewed their Lordships a surrender of the Right of Government of East New Jersey to H.M. under the hands and seals of all the Proprietors inhabiting them, which he said has been lately sent to him with a letter of Attorney impowering him to transact in that matter, in order to the delivering the same accordingly, upon the conclusion of the matters relating thereunto, which are now under deliberation. The same was read and returned to him. Further progress was made in the consideration of those matters.
Oct. 2.Letter from Mr. Bateman, the Solicitor, desiring a copy of the late Attorney General's report relating to appeals upon occasion of the cause of the Cole and Bean galley, read. Copy ordered to be given him accordingly.
Letter from Mr. Yard, Sept. 30, read. Ordered that Mr. Samuel Nash have notice to attend Tuesday next.
Letter from Lieut.-Governor Nanfan, Aug. 20, read. Papers transmitted laid before the Board.
Representation upon the affairs of the Jersies signed and ordered to be delivered to Mr. Yard that he may lay it before their Excellencies the Lords [Justices]. [Board of Trade. Journal, 14. pp. 168–172.]
Oct. 1.908. J. Bateman to W. Popple. There being next week to be an argument before a Committee of the Privy Council, whether an appeal from the Court of Admiralty in the Leward Islands lyes properly to H.M. in Council or the High Court of Admiralty of England, and the Lord Chief Justice Trevor, when Attorney General, having made a Report to the Council of Trade in the cause of the Cole and Beene galley relating to this dispute, I humbly pray a copy of it. Signed, Jn. Bateman. Endorsed, Recd. 1, Read Oct. 2, 1701. ¾ p. [Board of Trade. Plantations General, 5. No. 105.]
Oct. 1.909. Minutes of Council of the Massachusetts Bay. Major John Goreham giving an account, by letter Sept. 26, that notwithstanding all his care and pains to comply with the Order of Sept. 4, for levying 11 soldiers out of the Militia under his command, for the relieving of so many of the garrison at Cascobay, he had delivered but five, several that were imprest having absconded, and others suitable for the service keeping out of the way, and Capt. James Warren informing that the transport vessel was ready and that there appeared no more than seven of the number sent for, Major Benjamin Church falling short two of his number, ordered that Capt. Warren continue the vessel in a readiness; letters written to Major Goreham and Major Church to enforce the compleating of their levys, and to prosecute those who were imprested and did not appear or deserted.
Memorial of Col. Romer, relating to some abuses committed by some of the garrison on Castle Island, was laid before the Board. Captain of the Castle authorised to discharge some of the garrison rendered unfit by reason of sickness etc.
The Assembly having resolved that 100l. be allowed to repair the fort at Salem provided that town contributed a like sum, and Salem having voted 100l., warrant ordered for 100l. accordingly.
Wages paid to Joseph Gallop, Master of H.M.S. Province galley, and seven others lately discharged. [C.O. 5, 788. pp. 96, 97.]
Oct. 1.910. Journal of House of Representatives of New York. Committees appointed to manage the repairing the Forts at Albany and Schenectady and to discourse with the Governor how much will keep them in repair this winter.
Oct. 2.H.E. replied that 150l. would repair the former and 50l. the latter, which was agreed to, and the money ordered to be borrowed out of the 1,500l. raised for building a Fort at Onnondage.
Oct. 3.The House considered H.M. commands relating to Jacob Leysler, signified in Lord Jersey's letter to the Governor, Feb. 6, 1699, together with Mr. Leysler's petition to the King, which the Governor had sent down to the House on Oct. 1 according to their request. Lord Jersey's letter directs the Governor to recommend Capt. Jacob Leisler's case to the General Assembly of New York, being the only place where he can be relieved. The petition is a prayer for restitution of 2,700l. expended by petitioner's father during the Revolution.
Bill brought in for the more regular measuring of grain and salt within the City of New York.
Oct. 4.Conference upon the Bills appointed to meet at Gabriel Thompson's at the White Lyon. Printed: [C.O. 5, 1184. pp. 1021–1023.]
Oct. 1.911. Journal of the House of Burgesses of Virginia. Message sent to the Council. "Having spent so much time in adjusting the public claims, we are desirous the public levy should be laid before the conclusion of this Session, to the end every person to whom the country is indebted may receive their just right. We take for granted you allow the whole book of claims and stop the passing it upon no other account but a provisoe to add that to it which we cannot conceive nor agree to be a country charge that is to be levyed by the poll or paid out of the fund for lessening the levy by the poll, but is an incident charge of the Government, and if it be not already, may be defrayed out of H.M. Revenue of 2s. per hhd. upon tobacco, appropriated for such purposes. We hope this thing will not obstruct our concluding this Assembly as usual by the Levy Act, which if not done now will be the more burthensome another time, because it will be double, and not only so, but will be a great grievance in the country by not paying the persons to whom the country is indebted, and a far greater grievance if another session should speedily be held to pay the same, and how uneasie this will be, may be partly supposed from the great charge accrewing upon this long session."
The Address of the House to H.E. with the last clause thereof endorsed upon the back of it agreed to by the Council. Message from H.E. "Upon consideration of the Address of Sept. 29," relating to the alteration of the bounds of counties and parishes, H.E. is absolutely of opinion that if some speedy method be not taken that each parish may be enabled to maintain a Minister themselves, it will be a very great encouragement to irreligion, profaneness, if not atheism. And as to the Counties, H.E. supposes the small ones will find it an aggrievance by this year's County Levy, and that the House cannot be unsensible how unequal and unproportional the Countys are in this Neck betwixt James River and York River. Upon that part of the Address relating to the persons seated within the bounds of the lands laid out for the Pamunkey Indians, as for those persons who are there seated upon an ordinance of Assembly, I look upon it as my duty to confirm the same, but as for those who are there seated otherwise, I cannot consent to it, because I am satisfied they have done it contrary to all the orders and resolves of the Government, and in that respect I cannot be the first mover in supplicating H.M. for such a thing, but if you think good to draw an Address to that purpose, I will joyne my utmost endeavours to have it presented to his most Sacred Majesty.
H.E. commanded the House to send all their Resolves and Ordinances that have passed the Council and Burgesses this Session that they may receive his assent. The following Resolves of the House were sent up accordingly:—for allowances to the Revisors; concerning Blackwater and Pamunkey Neck Lands; prohibiting ordinary-keepers to entertain workmen employed for building the Capitol; for settling the bounds of Isle of Wight, Surrey and Charles City Counties; for payment of 283l. 5s. on account of the City of Williamsburgh. H.E. gave his assent to these, and also to the Address sent down this morning.
H.E. sent to the House of Burgesses for their perusal his commands to the Hon. William Byrd, Col. and Commander in Chief of all the Militia of Henrico and Charles City Counties, which he intends also to send to the several Colonels and Commanders in Chief.
H.E. acquainted the Burgesses that he was very willing the Book of Claims should pass, and every one be fully satisfied, but in respect that H.E. finds that his message of yesterday is not yet answered, he cannot in duty to His Most Sacred Majesty pass the Levy Act, but proposes this expedient, that since it is the opinion of the House that the sum referred to is not a Country charge, and the opinion of H.E. and the Council that it is a Country charge, the money be therefore now deposited in the hands of Mr. Treasurer, and H.M. to determine the point in question, which expedient being agreed to, the Book of Claims shall immediately be returned.
The House replied that they conceived that they had sufficiently by their two Addresses answered his proposals, and could not recede from their former opinions.
A message was sent from the House to H.E., referring to their previous message which gave their reasons for his returning the Book of Claims, that the public levy may be proportioned, and acquainting him that the House awaited his Honour's resolution.
H.E. sent a message that upon consideration of the Address of the House of the 29th inst. (ult.), he conceives that affair is now finished, and hopes the Laws agreed upon by H.M. Council and themselves are now ready for him to sign, so that an end may be put to this Session.
H.E. sent a message that he was very well satisfied that he hath sufficiently declared his mind to the House, and discharged his duty to H.M. in his messages concerning the Book of Claims, and since this House refuse to have H.M. to determine the point, H.E. must stand by it, and cannot pass the Claims.
H.E. commands to Col. Byrd were sent up.
H.E. sent a message to the House that he thought there was occasion for an order for Mr. Treasurer to make payment of the money allowed the Revisors, as there was to the Trustees of the City of Williamsburgh.
The Council returned the Book of Reports of the Committee for publick claims this Session with a message that it has been the practice here (of which we hope you will allow us to be the judges), before agreeing to the Claims for the Governor to give his assent thereto, who hath always stood concluded thereby. No Governor having ever yet denyed the passing the Levy Bill after the preparing thereof.
The enrolled Bills were sent up together with the engrossed Bills and Addresses for the Council to examine. They were returned signed.
Order sent up for payment of the Members' Assistants and Clerks of the Committee for the Revisal of the Laws. H.E. summoned the Assembly to attend, if they had nothing further to offer for H.M. service. They replied that they had something to do before the conclusion of this Session which cannot be finished this night.
Oct. 2.Message sent up to the Council, desiring an answer to the request of the Burgesses for a conference upon Instructions and salary to the Agent. Message sent up to H.E. that upon H.M. letter of Jan. 19, the House had agreed upon an Agent to represent the case (concerning the quota) to H.M., by which means we are in good hopes to satisfy H.M. and obviate the like grants for the future. Repeat preceding message. Resolved, that in case this Session be concluded without finishing the several matters designed by this House for Mr. Byrd, junr., our Agent, the Hon. William Byrd is desired to transmit to him the two Addresses to the King signed by the Council and this House, and also a copy of the proceedings this Session, and of the Assembly in 1693 and 1695, which relate to the Address, stating the case between this Government and New York, of which he is to be given copies. And that he write to the Agent to do what in him lies to save the King's displeasure until this country be further heard, and also promise the said Agent that this House will be accountable to him for all his disbursements and for a suitable reward for his service in this affair. Then the Members signed the Addresses to H.M. about the Agent and for representing the case between this Government and New York, and the Address to H.E. for laying open Blackwater and Pamunkey Neck lands.
H.E. replied to the message above referring to his Speech of Sept. 27, and his proposals then given, and his two propositions for raising money for several uses, one of which was to pay the Agent, "all which you refused, and have since denied to reimburse the Hon. Mr. Auditor Byrd the sum of 146l. 8s. 3d. sterling for several disbursements by him made, and the sum of 63l. for the purchase of 63 acres, etc., therefore I cannot apprehend how you can reasonably expect that I should give my consent for the sum of 300l. for your Agent, the same being ⅓rd of what H.M. proposes to be sent to the Governor of New York, and as for any further Instructions being given him than what is contained in the Address, which consists of Negatives, I refer you to what I sent you yesterday concerning them. I can in no ways agree with you that it is of absolute concern for H.M. and this Country's service that you employ an Agent that is to have such a large gratuity for delivering such an Address to H.M., which may be sent either to the Rt. Hon. James Vernon, H.M. Principall Secretary of State or to the Lords Commissioners of Trade and Plantations. But if you will have an Agent to deliver the said Address, you must petition H.M. to know how he shall be paid.
"If you have nothing more to offer, I command this House immediately to attend upon me in Council and to bring the Roll of Bills you have prepared for them to be signed by Fr. Nicholson."
The House attended with the Address concerning the Blackwater and Pamunkey Neck land and the following Bills:—for building the Capitol and Prison; for continuing impositions upon liquors, servants and slaves; for dividing King and Queen County; and for quieting the possession of several persons seated within the bounds laid out for the Pamunkey Indians. [C.O. 5, 1408. pp. 335–351.]
Oct. 1.
Oct. 2.
912. Minutes of Council in Assembly of Virginia. See preceding abstract. H.E. signed the first three Acts taken up by the House and consented to by the Council, but as to the last (for quieting the possession of several persons, etc.) he said: "I formerly hinted unto you that I could not pass this Act. I am very sorry that any Act consented unto by H.M. Council should not pass, but I find this so very contrary to the Articles of Peace made with ye Indians, to all the Rules, Orders and proceedings of the Assemblies here, and more particularly expressly contrary to the Instructions I received from the Council of Trade, that I cannot assent to it."
Orders, to the Cols. and Commander-in-Chief of Militia, to new frame and model the Militia, with a specimen directing how to return the muster-roll, were delivered.
H.E. addressed the Assembly:—I am sorry the proceedings of this Assembly hath been so slack and burthensome to the country, as it is like to be by reason of the long session, that there has been such a bad success in what I laid before you, especially that concerning H.M. Royal commands for giving assistance of men and money to New York. I hope you will seriously consider the evil and fatal consequences that may attend it, as I before laid down, and that therefore at your return to your several counties you will in all things endeavour H.M. peace and tranquility of this country, and not publish the refusal to comply with H.M. aforesaid commands. But if you doe, I hope you will be soe just also as to publish what I formerly offered upon that occasion, for I hold myselfe so tyed in conscience and duty to obey ye commands of my sovereign that New York shall never want money upon that occasion as long as I have a penny, nor men, as I have the honour to weare H.M. Royal Commission in this Government. I find by your resolve that you will give me time enough in case of an alarm, invasion or insurrection to raise forces, repel or subdue them, but I am afraid you will find the sad, fatal and dangerous consequence of not having an armed force in readiness, and I hope I may have an oppertunity to send for you according to your former resolves to venture your lifes and fortunes for the sake of your religion, H.M. interest and defence of the country, and shall have the honour to fight in the head of you. Gentlemen, I thank you for that clause in your Address of Sept. 29, wherein you say that the Bill for levying and arming an effectual force in time of danger you conceive is clear of any clauses that can be construed to be repugnant to H.M. commands to me, or that royal authority vested in H.M., which were it in your power, you have hearts too loyal to dispute or seek the diminution of. As also for that clause in the message to H.M. Council, Sept. 29; where you say that by ye words of that Act before mentioned, there cannot be made a question in H.M. prerogative of making use of his men here for ye defence of his Plantations where it shall be thought necessary, which I take, Gentlemen, to be a positive alteration [? affirmation] of H.M. authority in that case. And though we are not now come to such a happy conclusion as might a been wished, and as indeed H.M. royal commands and interest, safety and security of this country requires, yet I hope time and second thoughts may effect it at another meeting. And now nothing more remains but that I prorogue you untill Nov. 12. [C.O. 5, 1409. pp. 544–560; and (including instructions to Cols. of Militia and returns of ammunition etc.) pp. 433–456.]
Oct. 2.913. An Abstract of all the persons in Virginia, tythables and untythables. The figures are set out by counties. Total, Tythables, 20,634. Untythables, 34,300.
An Abstract of the Militia and Arms in Virginia. 2,449 horse, 7,014 foot, etc. [C.O. 5, 1409. pp. 457, 458.]
Oct. 2.
London.
914. Benjamin Way to the Council of Trade and Plantations. The John galley, Thos. Warren Master, was taken by a pirate ship, the John, late of London, Ivett a Frenchman, commander, on her voyage to Madagasker, who plundered her and forcibly detained five of her seamen, April, 1701. Petitioner prays that notice be given to the several Governors that if the John be taken, those five innocent men may not be treated as criminals. Deposition. Signed, Tho. Warren, certified Oct. 9, 1701. Endorsed, Recd. Read Oct. 30, 1701. 1 p. [Board of Trade. Plantations General, 5. No. 106; and 36. pp. 24, 25.]
Oct. 2.
New York.
915. Lieut.-Governor Nanfan to the Council of Trade and Plantations. Refers to letter of Sept. 24. Could we beget a union between our parties, who I fear are irreconcileable unless wrought by miracle, we should be extreamly happy, tho' I interest myself with neither, but am as impartial as man can be. Our Indians are in admirable temper, and very firm in their obedience to H.M. and friendship to us, as your Lordships will see on perusal of a late Journal from our Agents sent to Onandage, now enclosed. Col. Romer is a most unaccountable man, I have not been able to gett him hether as yett from Boston. I shall not now trouble your Lordships with the coppys of our letters past between us, but will by some other oppertunity when your Lordships may be more at leizure. I hope our Assembly will be up next week. I expect our Money bill for an additional duty for two years to H.M. to be brought me every day.
I am provideing materials for our new Forts of Albany and Schenectedah, and putting our old into some posture of defence this winter. The French are still pressing a neutrality in [sic] our Indians, but I will never hear of any such thing, believing it to be directly contrary to H.M. interest. Enumerates enclosures. Signed, John Nanfan. Endorsed, Recd. 17, Read Nov. 28, 1701. 3¼ pp. Enclosed,
915. i. Copy of Col. Fletcher's Lease of the King's Farm at New York to the Church Warden and Vestrymen of Trinity Church there for 7 years. Aug. 19, 1697. Signed, Ben. Fletcher. Endorsed, Recd. Nov. 17, 1701. 10 pp.
915. ii. Copy of Col. Fletcher's Grant of several Tracts of Land on the West side of Hudson's River to Capt. John Evans. Sept. 20, 1694. Same signature and endorsement. 12 pp.
915. iii. Copy of Col. Fletcher's Grant of a swamp in Manhattan's Island to Capt. John Evans, containing about 70 acres. Sept. 12, 1694. Same signature and endorsement. 5 pp.
915. iv. Copy of Col. Fletcher's Grant of a Tract of Land claimed by the Mohacks to Col. Bayard, containing about 24 miles in length. Dec. 12, 1695. Same signature and endorsement. 1 1½ pp.
915. v. Copy of Col. Fletcher's Grant of a part of the King's Garden to Mr. Caleb Heathcote, containing 50 feet by 27. April 2, 1696. Same signature and endorsement. 7 pp.
915. vi. Copy of Col. Fletcher's Grant of a tract of land on the East side of Hudson's River to Mr. Godfrey Dellius, containing 70 miles by 12. Sept. 3, 1696. Same signature and endorsement. 5 pp.
915. vii. Printed Copy of Lieut.-Governor Nanfan's Proclamation relating to Algier Passes. Aug. 19, 1701. Same endorsement. 1 p.
915. viii. Printed Copy of Lieut.-Governor Nanfan's Proclamation for establishing a Court of Chancery at New York. Aug. 28, 1701. Same endorsement. 1 p.
915. ix. Journal of Capt. Johannes Bleeker and David Schuyler's Journey to Onnondage, the Center of the Five Nations, Westward of Albany. Aug. 27, 1701. Having received Instructions from the Governor and Council to go to Onnondage to hinder the French debauching of our Indians, went away the 28th in the morning for Onnondage, and arrived there the 4th Sept. and found the Sachims met together, who bid us welcome, and resolved to send a post away next morning to the Sinnekes and Cayouges that their Sachims should come down, as also the French, who had desired of the Onnondages that all the Sachims of the Five Nations might be convened together against they came from the Sinnekes. The Onnondages sent word that not only the Oneydes were now come, but also their Brother Corlaer to their great joy, who would now hear all what passed in their country. The Sachims were very desirous to know whether Corlaer would come and see them in their Castles in person this Fall, and that because Dekannissore had told them so. We answered that we had heard the same of other people, but not from himself, but if he comes, he will undoubtedly send somebody to give you an account of his coming. Dekannissore replied that he had told the Sachims the same.
Sept. 5. We were informed by some Sinnekes that the French had a great deal of goods with them to trade, upon which we had a Conference with some of the Sachims and told them, Brethren, we understand the French are come here to trade. Do you send for us to commune with such people? If you send for us for every French man that comes to trade with you, we shall have work enough, and if you will hearken to them, they will keep you in alarm continually. We know this is the contrivance of the Priests to plague you continually upon pretence of Peace, and talk you till you are mad. As soon as these are gott home the Jesuits have another project, if you will break your brains with such things. We advise you when the French comes again, let them smoak their pipe and give them their bellyfull of victualls and let them go.
You have made peace with them although that was needless, for our King had made Peace for you and all his subjects in his dominions. Dekannissore replied, that we were misinformed. The goods which the French have brought with them is for those families that have the prisoners that they are now come for, who are still among us, and the reason why we have sent for you is to write all down what the Governor of Canada hath told us, since we will consent nothing. Else you might think and ask us what news we had got underhand. It is also concluded in our last Conference that the French should know what our Brother Corlaer had told us at Albany. We find here likewise a French Indian who is married to a French woman in Canada, whom we think keeps her as a spy. We asked him when he went to Canada? He tells us this is the place of his nativity, and was resolved to stay here.
Sept. 6. The Council being met, they acquainted us that the Messenger was returned from ye Cayouges, and said that the Cayouges had sent a messenger immediately to the Sinnekes to tell the French to come forthwith, if they had anything to say, and that their brother Corlaer was in Onnondage to know their business. It was proclaimed in this Castle, according to their custom, that Canniaghkennie, Capt. of Oneyde, was come home, who has been out a fighting against a Nation of Indians called Ondadeonwas, and has brought one prisoner, and in his return discovered some Indians, who live behind Carolina and Maryland, who told him that all was in peace and quietness, and that there should be no differences between them as there had been formerly.
The 7th and 8th we expected the French. The 9th we understood by some of the Sachims that the Governor of Canada had again desired that each Nation should send one of their Sachims with his agents to Canada, which wee opposed and said, "I have told you that he endeavours to bring us into confusion with all his devices, therefore hearken not to him. Go out a hunting. That will be better for you, and give your brother no cause to be jealous of you with all your running to Canada. It is his cunning to bring you and us into confusion, which will be impossible for him to doe, if you will but hearken." They promised that they would not goe.
Sept. 11. The French arrived in the evening, and we understood by some of the Sachims that they have been with the Sinnekes for their prisoners which the Sinnekes have of the Far Nations called the Twichtwichs, but have got none. The Sinnekes told them that they did not bring the prisoners by way of Canada, but by the way of Tjughsaghrondie, and will bring them thither again themselves.
Sept. 12. The French were obliged to repeat before us all the propositions which the Governor of Canada had made to the Five Nations in Canada, which is as follows:—Children, Last year we cast the hatchet to the Devil, but then you were not all present, but now I throw it the second time while you are all present, and none shall find it again, for it is now Peace over all the world, and you Waganhaes, and you Five Nations shall now live in peace together, and I tell you both further that you shall not kill one another at your hunting, but you shall shun one another like brethren. Gave each Nation a Belt, 24 in number. I tell you again, as I told Dekannissore before, that I make a Fort at Tjughsagrondie. The reason why I make a fort there is least you and the Ottawawas should fall out again, where your principal hunting is, therefore I have put a Capt. there to prevent all differences, if any should arise. I demand all my prisoners that are among you, both Indians and Christians. It is now Peace all over the world. Probably we or the English will be the cause of a war, and if it so happens, you are by no means to intermeddle. Let us and the English fight alone. Come freely and fetch of me as you do of your brother Corlaer powder and lead, and do not love the one better than the other. Now I desire that the Maquase may come here, for I know not whether they have a grudge against me. Therefore I desire that they may come face to face to see what they have to alledge against me.
The Five Nations spoke. Father Onnondio, here we have four prisoners, which we take here in the time of war, whom we now deliver unto you, and gave each prisoner a belt of wampum, and said no more, but when we come home we will consult about what you have now spoke. Dekannissore told the French wee would tell you the proposals of our Brother Corlaer, but I am informed you know them already.
The French said, That which we have said to you is very good. If there was anything in this paper that was naught, I would thro' it in the fire, or I would conceal it. Dekannissore replied, I have not heard the French speak one word of your chickens, you Onnondio, that sit under your wings, I mean your praying Indians. If it happens that you fight with my brother, and then your chickens run from under your wings with the hatchet in their hand to our Brother Corlaer, with whom we are in so firm a league and covenant, then it would not be well. The French said, Wee have told you now these three times, we mean all Indians.
Our time is elapsed. We must be gone, but, brethren, I must tell you last of all, but you must not be offended at it; when you are in Canada you promise a great deal, but when you come home nobody knows anything of the matter. I have been in the Sinnekes' Country, and in Cayouge for our prisoners, but they seem as if they knew nothing of the matter, and you Onnondages are the same. But, brethren, if you come to Canada again and the Governor desires anything of you, if you will not do it, tell him to his face. And so Monsieur Soukeur went his ways.
Sept. 13. All the Five Nations sat and considered of a belt of wampum, which the late Earl of Bellomont had given them that they should take Ministers into their Castles, and upon a belt of wampum of M. Marrikour left here last fall, that they should take Jesuits into their country. Wee Five Nations do say:—Brother Corlaer, here have been two belts hung up here this summer, one from you and one from the Governor of Canada, and you speak both of praying. We are now come to a conclusion, and we do tell you we will have no Jesuit in our country. Now Brother Corlaer, you tell us you have ministers for us, and now you say we are like to have none for the present, but as soon as we have occasion for any we shall ask them of our Brother Corlaer. The cause why we ask for none now is because you both have made us drunk with all you[r] noise of praying. We must first come to ourselves again. Now Brother Corlaer, we have had a conference lately together, and you told us that it was peace over all, and we hold fast to that Covenant Chain, as if we were Christians. You or the French will be the cause, if there be a war, and if it should be a war again, I do tell you again that we will keep our Covenant with you, as if we were Christians, with whom we have an inviolable Covenant Chain. And Brother Corlaer, I doe now tell you that which I have told you, I will also tell him, and that we will have no Jesuit in our country.
Sept. 14. The Onnondages called us to them in private, and said, Brethren, we have concluded among ourselves to desire the Sinnekes to come and live together in our Castle, and also that the Maquase do live together at Kannaogen. It is further the request of all the Sachims to you, Brother Corlaer, that you would send them all the news that comes from England and what happens in your own Province. For we are Brethren, and doe open unto you our whole hearts. We doe nothing, neither does there any news come here but wee acquaint you therewith. Dekannissore has been at New York. He knows no news and says that a ship came in while he was there, and likewise the whole country was assembled together. But Brother Corlaer told him no news. We do again desire that we may know all the news. And we do further say, Brother Corlaer, Let us know whether the beavers be any comodity. If they be no comodity, let us know it by the first opportunity, then we do not go a hunting; but if they be a comodity, we will all go out a hunting. And this being said, we rose up and went on our journey towards Albany. Signed, Johannes Bleeker, David Schuyler. New York, Sept. 22, 1701. Translated from the Dutch. Rt. Livingston, Sec. for ye Indian Affaires. Same endorsement. 11 pp.
915. x. Memorandum of Minutes of Council of New York, April–June, 1701. ¼ p. [C.O. 5, 1047. Nos. 2, 2. i.–x.; and (without enclosures) 5, 1119. pp. 5–10.]
Oct. 2.
Whitehall.
916. Council of Trade and Plantations to the Lords Justices. In obedience to your commands relating to H.M. Provinces of East and West New Jersey, we have considered the papers submitted to us, together with others of the like nature that were already in our hands, and having likewise heard what the Proprietors and others have to offer, we thereupon most humbly report to your Excellencies, that those countrys which are now known by the name of East and West New Jersey were granted, together with several other territories by King Charles II by Letters Patents, bearing date March 12, 1664, to the then Duke of York, his heirs and assigns, together with full and absolute power and authority to him, his heirs, deputies, Agents, Commissioners and Assigns, to correct, punish, pardon, govern, and rule all such persons as did then or should at any time thereafter reside within the said territories, according to such laws, orders, ordinances, directions, and instruments as by the said Duke of York or his assigns should be established, and with several other clauses relating to the government and defence of the same. The Duke of York did thereupon grant, convey and assign the said Provinces, (by the name of Nova Cæsaria, or New Jersey) to John Lord Berkley and Sir George Carteret, their heirs and assigns, with all and every the appurtenances thereto belonging, in as full and ample manner as the same was granted to him by the foresaid Letters Patents. King Charles II, by other Letters Patents, June 29, 1674, did again grant and convey to the said Duke of York all the said lands and territories in the same manner as before expressed, and several subdivisions and sales having in the meanwhile been made by the said Lord Berkeley, Sir George Carteret, and others claiming under them, the Duke did by indenture, Aug. 6, 1680, grant and confirm the Province of West New Jersey, with all the appurtenances thereto belonging, to Edward Byllinge of Westminster, gent., in whom the title thereunto then was, and to his heirs and assigns for ever, and did in like manner by indenture, March 14, 1682, grant and confirm the Province of East New Jersey, with all the appurtenances thereto belonging, to James, Earl of Perth, William Penn, Esq., and several other persons in whom the title to the same then was and to their heirs and assigns for ever. And by each of the said indentures did likewise give, grant and assign unto the aforesaid respective grantees, or assignees all and every such and the same powers, authorities, jurisdictions, governments and other matters and things whatsoever, which by the forementioned respective Letters Patents, or either of them, were granted or intended to be granted, to be exercised by him, the said Duke, his heirs, assignes, deputies, officers or agents. The present Proprietors, who derive their respective titles to their several shares and proportions of the soyle of those Provinces by several mean conveyances from and under the forementioned grants to Edward Byllinge and to the Earl of Perth and other persons, to whom the Duke of York had immediately conveyed the same, doe, in like manner and by virtue of diverse such mean conveyances, claim the same powers and rights of Government as were granted by King Charles II to the Duke of York and by him to others, according to the tenour of the foresaid indentures. Nevertheless, we do not find that any sufficient form of Government has ever been settled in those Provinces, either by the Duke of York or by those claiming under him as aforesaid, but many inconveniences and disorders having arisen from their pretence of right to govern, the Proprietors of East New Jersey did surrender their said pretended right to the late King James, April, 1688, which was accordingly accepted by him. Since H.M.'s accession, the Proprietors both of East and West New Jersey have continued to challenge the same right as before, and did in 1697 apply themselves to us in order to their obtaining H.M. approbation of the person whom they desired to have constituted Governor of the said Provinces, but at the same time refused to enter into security to H.M. pursuant to the Address of the House of Lords, March 18, 1696, that the person so presented by the Proprietors should duly observe and put in execution the Acts of Trade, yet nevertheless proceeded from time to time to commissionate whom they thought fit to be Governor, without H.M. approbation according to what is required by the late Act for preventing frauds and regulating abuses in the Plantation Trade.
In this manner having formerly commissionated Col. Andrew Hamilton, afterwards Jeremiah Bass, then again superseding their commission to Mr. Bass and renewing or confirming that to Col. Hamilton, and even since that also some of them having sent another Commission to one Capt. Andrew Bown, the inhabitants, sensible of the defects and insufficiency of all those commissions, for want of H.M. authority, have upon several occasions some of them opposed one of those Governors, some another, according as interest, friendship or faction have inclined them. The inhabitants of East New Jersey, in a petition to H.M. the last year, complained of several grievances they lay under by the neglect or mismanagement of the Proprietors of that Province or their Agents; as perticularly that from the latter end of June, 1689, till about the latter end of Aug., 1692, (which was a time of actual war) they had not taken any manner of care about the Government thereof, so that there having been neither magistrates established to put the Laws in execution, nor military officers to command or give directions in order to the defence of the Province, they were exposed to any insults that might have been made by an enemy. Unto which they also added that during the whole time the said Proprietors have governed or pretended to govern that Province, they have never taken care to preserve or defend the same from the Indians or other enemies, by sending or providing any arms, ammunition or stores as they ought to have done; and the said inhabitants thereupon humbly prayed H.M. would be pleased to commissionate some fit person qualified according to law to be Governor over them. It has been represented to us by several letters, memorials and other papers, as well from the Inhabitants as Proprietors of both those Provinces, that they are at present in confusion and anarchy, and that it is much to be apprehended least by the heats of the parties that are amongst them, they should fall into such violences as may endanger the lives of many persons and destroy the Colony. The greatest number of the Proprietors of both those Colonies residing in this Citty, being hereby sensible of the necessity of H.M. authority for the preserving of peace and good order in those countries, have lately presented a petition to your Excellencies, in the preamble whereof, tho' they still seem to assert their title to the Government of the said Provinces, yet nevertheless in the end declare that they have agreed and are ready to surrender the same to H.M. upon such terms and conditions as are requisite for preservation of their properties and civil interests, and they thereupon humbly pray, that for the preservation of the publick peace, your Excellencies would be pleased immediately to approve Col. Hamilton to be Governor of both the said Provinces, until the terms of surrender can be adjusted. In a late Memorial presented to your Excellencies (and signed not only by the same persons, but by others likewise, who would not joyn in the prayer of that petition), having again prefaced their own pretended right to government, they do in like manner declare their readiness to surrender the same, in humble hope and confidence (as they express themselves) that H.M. will be pleased to grant them all reasonable priviledges, which are necessary to preserve their civil rights and the interests of Planters, and which are not inconsistent with H.M. service or royal authority, after which they proceed to propose, and particularly enlarge upon, several articles relating to the method of settling both the said Provinces, and uniting them under one Government. The Proprietors of East New Jersey, residing there, have signed and sent over hither to a gent. whom they have constituted their Agent and Attorney in that behalf, an absolute and unconditional surrender of their right to the Government of that Province, so far as the same is in them and so far as they are capable of doing it for others concerned with them in that Propriety. In relation to the foresaid Articles, we have been attended by several of the Proprietors here, who have further personally declared to us, that their intention in proposing the same is only to secure their rights in such things as are matter of property, and that they unanimously desire to surrender the Government to the King, and submit the circumstances thereof to H.M.'s pleasure. But in relation to the forementioned petition that Col. Hamilton may at present receive H.M. approbation to be Governor of those Provinces, the said Proprietors are so divided amongst themselves, that whereas some seem to insist upon his approbation as one principal condition of their surrender, others in the same manner insist upon his exclusion.
Upon all which we humbly represent that, not being satisfied that the forementioned grants from the Duke of York (the only title upon which the Proprietors claim a right to Government) without any direct and immediate authority from the Crown, were or cou'd be of any validity to convey that right (which we have been informed is a power inalienable from the person to whom it is granted, and not to be assigned by him unto any other, much less divided, subdivided and convey'd from one to another, as has been done in the present case) we did thereupon humbly represent to H.M. April 18, 1699, that a trial might be had in Westminster Hall, whereby their claim to the right of Government might receive a determination. No such determination having yet been made, nor any proceedings (that we know of) had upon the forementioned surrender, but it being generally acknowledged both by the Inhabitants and Proprietors of the Provinces that the disorder and confusion they are now fallen into are so great that the public peace and administration of Justice is interrupted and violated, and that whilst those disorders continue, there neither is nor possibly can be any due provision made for the guard and defence of that country against an enemy, we are humbly of opinion that it is very expedient for the preservation of those territories to the Crown of England, and for securing the private interest of all persons concerned, that H.M. would be pleased to constitute a Governor over those Provinces by his immediate Commission, which, together with the Instructions to be also given to the said Governor, may contain such powers, authorities and directions as may be necessary for the establishing there a regular Constitution of Government by a Governor, Council and General Assembly, with other civil and military officers, and for securing to the Proprietors and Inhabitants all their properties and civil rights in as full and ample manner as the like are enjoyed by any Plantation under Governors appointed by H.M.'s immediate Commission; together with such clauses and further provisions as may be thought reasonable, in order to prevent the interfering of that Colony with the interest of H.M.'s other Plantations, as the Proprietary Governments in America have generally done.
And we further humbly offer that Draughts of such a Commission and Instructions may be prepared, and that they may be also shewn to ye Proprietors of those Provinces in order to their acquiescence and the surrender of their pretended right to Government, in such manner and form as may be effectual in law, to the final extinguishing of their pretences, or in case of their refusal, in order to such other proceedings as shall then be thought fit. Signed, Ph. Meadows, Jon. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1289. pp. 244–258.]
Oct. 2.
Fort William
Henry.
917. Minutes of Council in Assembly of New York. Ordered that David Jamison appear on Munday and then and there offer his reasons against the passing the Bill for confirming the agreement made between Thomas Swartwont and Co. and Garritt Aertsen. [C.O. 5, 1184. pp. 880, 881.]
Oct. 3.918. Minutes of Council in Assembly of New Hampshire. Adjourned till to-morrow. Act relating to Courts sent up.
Petition of James Phillipps put on file, evidence being given that he had been paid the wages petitioned for. Act for regulating trials in civil causes, having been read three times and passed both Houses, was consented to and signed by the Governor. Prorogued till the first Tuesday in April. [C.O. 5, 789. pp. 277, 278.]
[Oct. 3.]919. Attorney General to the Council of Trade and Plantations. I have perused and considered of the several laws passed in the General Assembly of Nevis, May and June last, viz.:—(1) An Act for choosing three Assembly men for each division in this Island for the time to come. (2) Act for encouraging three companies of men to be ready for an expedition to assist St. Christophers. (3) Act for securing and confirming the titles of land in this Island. (4) Act to prevent Papists and reputed Papists from settling in this Island for the future, and for the better governance of those that are already settled. (5) Act for encouraging the importation of white servants, and that all persons shall be obliged to keep a white servant to every 20 negroes living. (6) Act that Phiscicians and Chirurgeons shall not practice without licence and taking the oaths. (7) Act for the more easy repairing the highways. (8) Act for the Militia to meet and exercise every month. Which Laws I conceive are agreeable to law and justice, and do not contain anything prejudicial to His Majesty's Royal Prerogative, except that by (2) a liberty is given to servants to list themselves in the said companies, which by the said Act are to be exercised in arms twice a week till they embarque or return to the Regiments to which they belong, which seems inconvenient and prejudicial to the Masters of such servants who are allowed no recompense for such their time, and it doth not appear what is meant by returning to the Regiments to which they belong, since they are not said to belong, or to be intended to belong to or be incorporated into any Regiment or Regiments, and it seems unreasonable that any Master shall be obliged to part with a servant before his time is out, in case he procure a certificate from his officer of his having behaved himself brave in the said service, as the said Act requires. And except that Act (3) seems unreasonable in regard that as the said Act is worded, any person that hath been possessed of an estate for seven years, though onely for a particular estate in taile for life or years or as tenant at will, is declared to gain an inheritance in the same. And except that the Act (4) seems in this respect unreasonable, for that servants refusing to take the Oath and subscribe the Declaration thereby enjoined are to be banisht the Island, and not return on pain of death, whereby their Masters will be deprived of their property in them, and in this regard also, that every person that shall let lands to or hire as a servant or servants any Papist or reputed Papist shall be imprisoned by the space of twelve months without baile or mainprize, and other clauses and provisoes are therein contained concerning reputed Papists, although it is not ascertained by the Act who shall be deemed a reputed Papist. Except also Act (5), which in all probability may give encouragement to the spiriting away Englishmen without their consent and selling them there for slaves, which hath been a practice very frequent and known by the name kidnapping, so great is the encouragement thereby given for the importation of white servants. Signed, Edw. Northey. Endorsed, Recd. 3, Read Oct. 9, 1701. 2½ pp. [C.O. 152, 4. No. 53; and 153, 7. pp. 239–242.]
Oct. 4.920. Minutes of Council in Assembly of New York. Joint Committee appointed to confer upon amendments to several Bills. Act to oblige Robt. Livingston to account read the second time and committed. The Governor recommended an amendment allowing him till March 25. [C.O. 5, 1184. p. 881.]
Oct. 5.
King William
Fort, St. John
921. Capt. Powell to the Council of Trade and Plantations. I sent the Rolls of my Company by last werein I mentioned in my next I would give an account of the state of the Company, which is the reason of the hard usage of the Agent in not sending the money over for the year 1700, and likewise for this year. He makes a stoppadge of 13l. out of the mens twopences for coach-hire and other charges; as for their cloaths they have been mounted but twice this four years, the last cloathes for the old Company I brought over with me, the Agent told me was to last them two years, etc. At this time there is not ten men in the Company that has a shoe to go on of the work the King's Order is 6d. a day for the work, but the Office of Ordinance has sent none this year. These hard usages they do now begin to desert, for the 1st of this instant 8 of the Company rann away with all their arms and cloaths, for wee have dayly spyes from the Frentch, one of them undertook to be their guide there. I never miss them until night, so I sent a party after them towards Placentia. I have secured all the French that I do suspect of being instrumental in this matter, so I do humbly beg of yr. Honors would advise me by the very first opportunity what method I must take to preserve the Company, for was they to receive the 6d. a day, it would not find them in shoes and stoking. Without some speedy care be taken for better usage for the men, it will be impossible to keep them from deserting, etc. Signed, Joh. Powell. Endorsed, Recd. Nov. 14, Read Dec. 2, 1701. Postmark No./14. Addressed. Seal. 1 p. Annexed,
921. i. Abstract of preceding. 1 p. [C.O. 194, 2. Nos. 49, 49.i.; and (without abstract) 195, 3. pp. 16–19.]