America and West Indies
July 1710, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1924

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123-137

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'America and West Indies: July 1710, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 25: 1710-1711 (1924), pp. 123-137. URL: http://www.british-history.ac.uk/report.aspx?compid=73833 Date accessed: 02 August 2014.


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July 1710, 1-15

[? July].280. H. M. Warrant for a new seal to be used in Jamaica. Countersigned, Dartmouth. [C.O. 324, 32. pp. 4, 5.]
[July —].281. Permits for 4 ships to sail without convoy. Signed, Dartmouth. [C.O. 324, 32. pp. 1, 2.]
July 3.
N. London.
282. Depty. Governor Saltonstall to the Council of Trade and Plantations. By a letter of Feb. 2, 1709/10, I gave your Lordships an account that there had been no negros transported from Africa into this Colony from Dec. 25, 1708 to the following Christmas. There has been nothing of that trade in this Colony the next ensuing half year, from Dec. 25, 1709, to this present time. Signed, G. Saltonstall. Endorsed, Recd. 8th, Read 23rd Jan., 1710/11. ½ p. [C.O. 5, 1264. No. 107; and 5, 1292. p. 241.]
July 3.
Boston.
283. Lt. Governor Usher to the Council of Trade and Plantations. On 20th June honrd. wth. rectt. of yours 16th Jan. lastt. In obedience to your Lordps.' commands, herewth. you will receive an explination as to greatt tracts of lands by town grants and quitt-rentts. When Govermtt. seized outt of my hands, a law then made, to confirme titles of lands by town grants, wch. law when I was in Engld. was repealed. Mr. Mason's claime by grants from Naumkege to Piscataqua, about 60 miles, and Masona, of wch. 40 miles in Massachusetts Govermtt., and 20 miles in province New Hampshire Govermtt. Mason in persuantt sd. grants firstt setled the country, builtt fourtts, sentt over aboutt 50 servants, in advance for setleing the place aboutt £20,000, as per inventory. As to greatt tracts of lands, Mr. Walderen's father and now the family lays claime to aboutt 18,000 achres; by town grants, and nott above 100 achres inclosed and improved. Mr. Tho. Allen hath copys of town grants in toun of Dover. Mr. Cuttses family greatt tracts of lands in Portsmoth, soe alsoe in other towns greatt tracts of lands. Mr. Tho. Allen's case dismistt, people being informed: Mr. Walderen had obtain'd judgment agtt. Mr. Allen, and title confirmed to possessor, Hampton and Portsmoth etc. divided all theire lands in town precincks (wch. formerly laide uninclosed and in common) to perticuler persons, whoe doe and still are incloseing the same. Soe Quene nor Mr. Allen any rightt to trees or soile, if town grants to perticuler persons be good. Soe noe nede of a Surveior. As to Mason's surrender of Governmtt. to the King, an agrementt made as to quitt rents to take sixpence on the pound yearly vallew, and all uninclosed lands to be Mr. Mason's, and he to allow 1-5th partt, for suportt of the Govermtt., wch. agremtt. att your Ldshps. board. Masona Mr. Allen was in posesstion, builtt houses, the greatestt place for fishery: Indians in the spring haveing there cheifestt livelihood by fowling and fishing, where if a fourtt builtt, would be of more service then one att Pemaquid, as Col. Romer or his son can inform. Mr. Walderen and soe others by town grants for stream of the mills, was to pay to there respective towns £10 per annum and 20s. for every mast tree. Mr. Samuell Allen a little before his deceas had an offer from ye Genll. Assembly in province New Hampshire for accommodation £3000 in mony, 5000 achres of land, and all waste lands wthoutt town bounds: by his Exy. esteamed worth £10,000, accott. of wch. Wm. Blaithwaitt Esq. and Mr. Tho. Allen can informe, as well as myselfe. If worth £10,000, interestt is £600 per annum, allow a Collector £100 for collecting rent, then by computation (which judge moderate) remain £800 besides giveing all arrears: worth £12000. As to claime, a map att your board, title constantly claimed in all King's reigns and owned. Case when wentt last for Engld., was under seal of province, in itt an apeall from inferiour Courtt to superiour: in reasons of apeal and answers thereto, title of Apelle and Apellant sett forth, in nature of a spetiall verdictt: judgmt. in inferiour Courtt frequently reverstt: Mr. Allen haveing the whole case, by itt your Ldshps. may be informed as to title. A computation for quitt-rents (onely for New Hampshire) Govermtt. being 20 miles ye 40 miles, ye 40 miles in Massathusetts Govermtt., nott less then like sum; abate one halfe of computation, remain £800 besides interestt and charge. Such strip and waste made of lumber, people now forced to fetch beyond town bounds, if H.M. perchase province, she may forthwith enter on waste lands outt of town bounds, wch. lands the Assembly disclaimed any title to. On June 26 waited on H.E., shewed your letter, replyed had copy of mine, asked of me whoe laid claime to greatt tractts of lands, acquainted him Mr. Walderen's family; replied business was for Mr. Allen to sell to the Crown, wch. would be bestt for Crown: people: and Mr. Allen (law sutes haveing ruined two familys alredy), and nott concern aboutt greatt tracts of lands, and when I writt aboutt the province, nott to make itt larger then itt was, and quitt rents nott greatt. As to bounds, grants will shew, quitt rentts small and easy: H.E. troubled att my writeing. Discourseing aboutt coine, said had given direction to judges to take care therein, care is: merchantts sells goods for £100 act rate of 15 dwt. for 6s.; sue for £100, judges as Chancellors reduce from 15 to 17½ dwt., accordingly give judgemtt., ytt in truth butt 15 dwt. is pd. for 6 shills. Being faithfull to the Crown, am nott less sufferour in my estate then £3000, etc., for wch. should be glad of some reliefe, etc. Signed, John Usher. P.S. Newcastle, Aug. 17, 1710. Above copy of wtt. forwarded in answer to Jan. 16. H.E. is nott pleased to communicate anything to me relateing to the province. By reason of H.E. and my absence, there is noe care in scouting, etc.: hearing the province in greatt distress never the like, Indians killing there cattell, frequently takeing captives, boldly shewing themselves before there garrisons, dareing them to come outt, and for want of care inhabitants dare nott stir two miles from there houses. Haveing Queen's commistion, judged my duty under such circumstances to vissitt province, accordingly 15th inst. wentt thither, where found said accott. true. I ordered one halfe of the province to march outt with provistion for thre or foure days, to make discovery of the enemy, and them to take, kill and persue. In province found Mr. Walderen and Mr. Hunkings sworne and admitted of the Councill by directions from H.E., Sworne as by order from ye Queen and Councill, examined ye order and ytt. signed by E. Southwell, whereas in sd. order, itts ordered the rightt honorable Secretarys of State prepare warrantts for H.M. roiall signett, ye Gentm. judging H.M. honour nott worth ye charge, in takeing outt orders from Secretary's Office, getts a copy of minuitt Councill from Mr. Southwell's Office, wch. the Governour admitts of, wth. humble submistion oughtt to be outt of Secretary's Office wth. roiall signett, and conceive a slightt of Queen's favour and affrontt on Queen's Order in Councill. As formerly writt, am still of opinion will be for H.M. service to have all officers comistioned from Queen to be of ye Councill as Secretary, Surveiour of woods, Collector etc., for att presentt there are none will serve H.M. interestt, in case she should take the province into her hands. Crave excuse for my plain writeing, being purely for H.M. service, as I aprehend, being on the place and knowing the circumstances thereof. Signed, John Usher. Endorsed, Recd. 12th, Read 16th Nov., 1710. 2¼ closely written pp. Holograph. Enclosed,
283. i. Copy of Order in Council March 31, 1709. [C.O. 5, 865. Nos. 51, 51 i.; and (without enclosure) 5, 913. pp. 259–267.]
July 3.
Cockpitt.
284. The Earl of Dartmouth to the Council of Trade and Plantations. The Queen would have your Lordships send me an account the last advice you received from Jamaica, what ships of warr or privateer the Enemy has in those parts, in what condition we are to resist them, and what force may be necessary for the security of the Island and the Trade there. Signed, Dartmouth. Endorsed, Recd. Read July 4, 1710. 1 p. [C.O. 137. 9. No. 8.; and 138, 13. pp. 140, 141.]
July 4.
Whitehall.
285. W. Popple to Sir Gilbert Heathcote. Request to bring his opinion in writing on Thursday as to preceding. The like letter to Mr. Loyd (v. July 6). [C.O. 138, 13. p. 141.]
July 4.
London.
286. Mr. Dummer to Mr. Popple. Gives sailings of the Resolution packet. Through bad weather and being forced about Cuba by French privateers, he has spent 165 days, etc. He sailed from Jamaica Aprill 13 with 7 other ships in company, and with them ply'd to windward untill May 2. The Windsor and Roebuck were their convoy, and meeting a French man of warr of 44 guns and severall privateers between the Capes, all the merchant shipes bore away to Leward for the Gulfe of Florida, they all beleiving it impracticable to pass the Windward Passage, as the wind stood, without being taken, etc., 'Tis advised from Jamaica (April 9) that the Galeon is still at Carthagene, and likewise a French Shipe very richly laden. But the Lavera Cruz fleet sailed from the Havanna Jan. 6 or 7 last, and were mett Feb. 4 in ye latitude of Cadiz by this packett boate, being 25 saile. Signed, E. Dummer. Endorsed, Recd. 4th July, 1710.Addressed. Postmark. 1½ pp. [C.O. 323, 7. No. 2.]
July 5.
London Street, Ratcliffe.
287. John Mackley to Lord Dartmouth. Enclosesfollowing "to be published, if your Lordp. shall see fit, for my son's honr. and to the incouragemt. of our saylors and commanders." Signed, Jno. Mackley. Addressed. Postmark. 1p. Enclosed,
287. i. Thomas Mackley, Commander of the Alexander galley, to his father, John Mackley. Jamaica, May 8, 1710. Describes two engagements with French privateers, off Granada and Jamaica. Though boarded by greatly superior numbers he repulsed them and reached Jamaica with more prisoners than he had crew. Signed, Thomas Mackley. Copy. 1 p. [C.O. 137, 45. Nos. 91, 91 i.]
July 5.
New Yorke.
288. Col. Quary to Mr. Pulteney. There hath beene such misscaredge in letters that I thought it my duty to send severall coppeis of the inclosed in hopes to secure one save to your hands, etc. As soone as I heard of H.E. Collonell Hunter's arrivall in his Govermt. of New Yorke, I hastened thether to pay my duty to him; in few dayes he went to the Jerseys and published his Comission to the great sattisfaction of all persons and partys whose spiritts and tempers he had so allayed and sweetened by his speach in Councill (wch. was soone made publicque) that there appeared a very greate disposition in all persons towards an union and reconciliation of all particular differances, disputes and former quarrells, so that those who ware the greatest enemies seemed to contend only, who should soonest referr all contests to the judgement and determination of so good a Governour ! The reconciliation of these privatt quarrells will very much tend to the accomodating all the publicque disputs and contests of the Country in a Generall Assembly, the maine of all being that of property, in wch. H. E. hath assured them that hee will not interpose or conserne himselfe, but leave it wholy to the determination of the Law. Had some former Governours taken that just and prudent step, the Country would never have beene involved in those heates and confutions which of late they have laboured under. I may truly say that never any Governour was sent to these parts of the world so very well quallified to answer this greate end as H.E. Col. Hunter is, his judgment, prudence and temper is very exterordinary and suffitiant to overcome greater difficulty then what hee will meete with in composeing ye differancy of these Govermts. H.E. hath shewen much prudence and conduct in order to the settleing the poore Pallatins, by wch. the end wch. H.M. proposed will bee efectually answered in a vast advantage and security to all these Govermts. P.S. Coll. Nicholson is expected in Boston every day; all things is in a redyness there (as I am informed) they are uneasey at his stay, the nature of the designe requires all the dispatch imaginable, delay may prove fatall. I hope the next Post will bring the acco. of his arrivall, and so remove all feares. Signed, Robt. Quary. Endorsed, Recd. 14th, Read 24th Oct., 1710. 2 pp. [C.O. 5, 1049. No 163; and 5, 1122. pp. 183–185.]
July 6.289. Richard Loyd to the Council of Trade and Plantations. Reply to July 4. I advis'd with such merchants and Planters interested in Jamaica, as are now in town, who informed me that there are 3 men of warr, or privateers, from 40 to 26 guns, cruising to windward of that Island, 4 privateer sloops, 2 upon the north side and 2 to windward, 5 or 6 sloops fitting out at St. Jago, upon Cuba, which is very near Jamaica, and others from Petit Guavas, which must of course greatly distress the said Island. That the British men of warr now attending there, are in some measure disabled for want of seamen, that our private ships of war which last year sail'd out of Port Royal were 25 or 30 sail, and had between 2 and 3000 seamen, most of whom are driven from the said Island by the vigorous and too severe execution of a power sent to Peter Beckford, jr., by the Commissioners of the Customes for collecting duty's arising upon prize goods; that they know not what number of men of warr the enemy have in the Windward Islands, but are informed that 8 large French men of warr were seen 5 or 6 weeks since in the latitude of Maderas bound to the West Indies, and suppos'd to be gone for the galleons to Carthagena, which is but 48 hours sail from Jamaica: that if all these forces should joyne to make a descent upon the Island it would be in great danger. That their humble opinion is, that for the speedy relief of the said Island, it would be convenient that the powers granted Backford be recall'd, and a proclamation issued to encourage the said privateers to return, suspending all farther prosecutions now depending or to be commenced by force of the Act to encourage the trade to America, until the next Session of Parliament; that H.M. be pleas'd forthwith to order 8 men of war from 40 to 60 guns to sail directly for the said Island, that each of the said men of war do carry a certain number of supernumerarys for H.M. ships now there, some of which for want of them are neither capable to do service in those parts, nor proceed in their voyage home when they shall be recall'd. Signed, Richd. Loyd. Endorsed, Recd. Read July 6, 1710. 2 pp. [C.O. 137, 9. No. 11; and 138, 13. pp. 147–149.]
July 6.
London.
290. Mr. Dummer to [? the Earl of Dartmouth.] In obedience to yr. Lordshp.'s commands, I have again considered the question put to me, whether the season be not too late to attempt anything against Canada. And for my direction herein I have had recourse to the expedition in 1690. They did not come to the mouth of the River of Canada till Oct. 5th. The ships got safe to Boston Nov. 19. So that its plain that at least that year Oct. and Nov. would have serv'd us to have made ourselves masters of Canada, had we not fail'd in other respects. In the next place, that I might not mislead the Government in an affair of this consequence, I have this day had some private discourse with severall of our New England masters of ships, without communicating to 'em the design. They assure me that wee cannot goe up the River of Canada before Sept. because of the winds, which till then hang westerly, and the freshetts which in that month are at the lowest. And that therefore the French storeships which goe there yearly from France choose that month to come upon the coast. And that if it should come to the latest, it will be very easy to seize the coast in October, and not very difficult to doe it in November. And particularly they say (and I'm otherwise inform'd of it) that they concluded at Boston last year when they were expecting the fleet from England, that if they sail'd from hence by the last day of July, it would be early enough. And as for the objection of Newfoundland, I answer that Canada is both to the westward and the souther'd of it, and upon the main, and the River of it is secure, where the ships may come to an anchour every night, and the easterly winds which blow a storm at Newfoundland are fair gales to carry ships up this river. And I would add another reason for the proceeding of these forces to America, that if Col. Nicholson should fail in his enterprize (which I pray God to prevent) these forces cannot possibly fail of reducing Nova Scotia at any time of the year. Upon the whole, my Lord, I could wish we had been earlier, yet I don't believe it is now too late. And seeing this is the onely oppertunity which in all probability we shall ever have to make the Plantations easy and secure by extirpating the French, who arm the bloudy Indians against us, I cannot forbear saying in behalfe of New England that I hope H.M. will not omit to make so sensible an addition to all the other glories of Her Reign. Thus I have laid before your Lordship my opinion to be communicated to H.M. in Council. As my heart is very much in this enterprize, so I shall be glad (if H.M. please) to have a hand in it. Signed, Jeremy Dummer. 3 pp. [C.O. 5, 10. No. 135.]
July 7.
Whitehall.
291. Council of Trade and Plantations to the Earl of Dartmouth. Reply to July 3. Enclose extracts of the Governor of Jamaica's letters March 25 and April 9, and quote Col. Loyd's letter July 6, and theirs of May 16. Upon consideration of all which we humbly submit it to H.M. whether it may not be necessary for the security of that important Island, and the trade thereof, that 7 or 8 men of war, from 40 to 60 guns, be forthwith order'd to sail thither, and that every one of the said ships do carry with them a competent number of supernumerary seamen for the supply of H.M. ships now there. We are the rather of this opinion since we find that in Dec. 1703, when several French men of war were sent to the West Indies, that this Board did then represent to H.R.H. the Lord High Admiral that 10 or 12 ships of war might be appointed for a constant guard of that Island during the war. [C.O. 138, 13. pp. 150–152; and 137, 45. Nos. 92, 92 i.]
July 7.
Whitehall.
292. The Earl of Dartmouth to the Council of Trade and Plantations. H.M. having been pleased to appoint Col. Corbett to be Governor of Maryland in the room of Mr. Seymour deceased, I desire you will please to direct a Commission and Instructions to be prepared as usual for H.M. approbation. Signed, Dartmouth. Endorsed, Recd. 12th, Read 13th July, 1710. 1 p. [C.O. 5, 717. No. 11; and 5, 727. p. 177.]
July 7.
Woodcote, nere Epsom in Surrey.
293. Lord Baltimore to Mr. Popple. Enclosesfollowing lately received from Mr. Charles Carroll, and proposes to attend upon the Commissioners of Trade. Signed, C. Baltemore. Endorsed, Recd. 8th, Read 11th July, 1710. Addressed. Sealed. 1 p. Enclosed,
293. i. (a) Reasons assigned by the Assembly of Maryland for passing the Act requireing Surveyors of land to qualifie themselves by takeing the oathes before they should act. (v. C.S.P. 1708). (i) That for want of a due knowledge of the severall altercons of the condicons of planta. made by the Lord Proprietary from time to time, his Lordship's Agents haveing forborne for many years to publish and record ye sd. condicons wch. formerly were wont to be, noe man is certain upon what tearmes he is to hold any new grants from him. (ii) And for want of due notice of the fees taken by his Agents and under-officers, wee are lyable to pay any fees by them demanded at their pleasure, as has been manifestly shewn to the Assembly att the time of passing the Law, to the agrievance of many of H.M. subjects here, and obstructing many settlements of ye soyle in prejudice of H.M. Revenue. (iii) Many abuses being complained of to the Assembly done by ye severall depty. Surveyors under the Lord Baltemore, they thought it expedient to prevent the same for the future that noe one should act in that station that would not quallifie themselves as by the law directed, the said Depty. Surveyours being officers acting between the Lord Proprietary and H.M. subjects, who ought to administer right between them in measureing the lands purchased of his Lordship, ye soyle of this Province being not only granted to his Lordship's ancestors, but with an intent of settleing an English Colony, etc. Signed. W. Bladen, Cl. Co.
(b) Reply to preceding. (1) The Lord proprietor makes noe objection agt. publishing all alterations by him made or hereafter to be made in any of his conditions of planta., but thinks it absolutely necessary to be done. He never made any such alteration, but what he has published in the most solemn and publick manner by affixing the same at Provinciall Courte and Assembly doores, and transmitted duplicates thereof to the severall Countyes to be affixed at the severall County Courte house doores, soe that it was a very needless thing to make an Act of Assembly to compell him thereto. All the conditions of Planta., alterations or additions thereto that his father or his Lordship ever made relateing to Maryland have been recorded in his land office there, whereto all persons might have free access. Consequently the Assembly's pretence of ignorance is frivolous. As for the instructions which his Lop. from time to time finds requisit to give his Agents for the better managemt. of buisiness, he cannot conceive any obligation upon his Agents to make them publick. (2) All the fees claimed by any of his officers in Maryland have been for about 30 years settled there by publick authority with a severe penalty against their receiving more, and all the said fees are publickly knowne, etc., soe that it is very disingeniously alleadged that his Lops. officers may take any fees by them demanded at their pleasure, and not truely said that they had exacted fees not due, for had they done so, the law is as severe against them in that point as agt. any others. Moreover, at the passing that law there was not one of his Lordship's officers called there to answer for themselves (which in justice ought to have been done, before any censure past upon them), nor any action that he can hear of brought agt. any of them, for any misfeasance in their office, and as for the insinuacon that by their doeings they obstruct many settlements of the soyle, doubtless the gentlemen did not consider that noe man knowing the constitution of Maryland could believe their assertion in that point, when as it is manifest that the more settlemts. there are the greater advantage accrues to his Lop., not only by the augmentation of his rent, but by the strength and security of the Province agt. the heathen enemy, and that H.M. interest and his Lop.'s are soe connected togeather in that respect that the nicest distinguisher cannot assigne a difference between them, soe that his Lordship thinkes the Gentlemen that assigned the said reason for passing the Law have not acted with such candor and sincerity as became the sphear they moved in, noe more then the Assembly has in the makeing severall other partial laws lately sent back with H.M. disallowance thereof. (iii) Tho' some supposed abuses might be complained of agt. some of the Depty. Surveyors, yet a complaint is noe conviction of the crime alleadged; and if the partyes complained against were convicted before the Assembly, which they were not, that will not justifie the Act, which involves the innocent, etc. Neither his Lordship nor any Depty. Surveyour would object to an oath to bind them to Act impartially, but the oath required by that Law is quite different, which for conscience sake some cannot take, and has nothing to doe with the sincere performance of the duty of a Surveyor. At the time of makeing that law there were not above 2 or 3 at the most of the Depty. Surveyors of Maryland but what were professed Church of England men or protestant dissenters, his Ldps. haveing made choice of his officers there not by their professing this or that religious perswasion, but by their capacity of dischargeing their duty with skill, and the confidence he had of their integrity, to which they are strictly bound before they are admitted, by bond with a smart penalty and very good security, soe that if any of ye people there finde themselves aggrieved by any of the Depty. Surveyors, the method is as it allways has been upon their application to assigne that bond for their reliefe. Signed, C. Baltemore. 3½ pp. [C.O. 5, 717. Nos. 8, 8 i.]
July 8.
Custom house, Bristoll.
294. Custom House Officers at Bristol to the Council of Trade and Plantations. Enclose following. Signed, J. Reynardson, Jno. Elbridge. Endorsed, Recd. 10th, Read 11th July, 1710. Addressed. Postmark. ¾ p. Enclosed,
294. i. List of ships cleared from Bristol for the Fishery of Newfoundland, June 24, 1709–1710. 7 ships. 1–5th of the crews "green" men, according to the Act for encouraging trade to Newfoundland. Signed as preceding. 1 large p. [C.O. 194, 4. Nos. 138, 138 i.]
July 9.
Barbadoes.
295. George Lillington, President of the Council of Barbados, to Mr. Popple. Refers to letters of June 11 and 25. Since my last nothing of moment has interven'd, except what past on the Councill's two last sittings, and on that of the Assemblies on the 27th ulto, for which I humbly referr you to the enclos'd Minuits, etc. Signed, Geo. Lillington. Endorsed, Recd. 12th, Read 13 Sept., 1710. Addressed. 1 p. Enclosed,
295. i. Minutes of Assembly of Barbados, June 27. The House disagreed with several amendments made to the Excise Bill by the Council and proposed a conference with them, etc. Endorsed as preceding. 2½ pp. [C.O. 28, 13. Nos. 40, 40 i; and (without enclosure) 29, 12. pp. 269, 270.]
July 9.
Barbados.
296. Three members of the Assembly of Barbados to the Council of Trade and Plantations. The occasion of this our immediate applycation unto your Lordships is from want of agents to sollicit the affairs of this country in great Brittain, and from ye sense wee bear of the duty wee owe to the People wee represent, and to Genll. Assembly of this Island, who have appointed us a Committee of correspondency, and haveing within this few days been acquainted that the majority of the members of H.M. Councill here have some time agoe applyed themselves to your Ldships., wee would not be understood by our silence to have less regard to the true intrest and wellfare of this country, and the duty wee bear to a most gratious Sovereign, then those Gentlemen; nor can wee think ourselves to have acted according to the trust the people of this Island have repos'd in us, should we neglect this opportunity of acquainting your Lordships with the reasons of our not concurring wth. the majority of the Councill in the appointment of a Treasurer. Wee must in the first place plead custome for ye Assembly's right in nominateing a Treasurer in the Excise Bill, which will appear by the Minutes, and was never disputed till the time of Coll. Kendall, and the case is thus. The Assembly, upon the near expiration of the then Excise Bill, brought in a new one, and therein nominated Melitia Holder in the room of Major Richard Salter their former Treasurer, to wch. the Councill disagreeing, there was held a conference wherein the Councill desir'd the reasons of the Assemblies altering their former Treasurer, but it does not appear in ye Assembly books that they thought fit to give any, but insisted on their claim. The then Govr., Coll. Kendall, prorogued the Assembly. and at their next sitting advis'd them that when a common enemy was daily expected they should not stand upon their preveledge of altering a Treasurer, but revive the old Act, wch. within their four last sittings they did. Upon this wee must humbly observe that the then Assembly (and they could at that time almost have remembered if there had been any custome to the contrary from the settlemt. of the Island) claimed it as their right to nominate the Treasurer for ye moneys they rais'd. That it does not appear by the Assembly books that they thought themselves oblidg'd to give the Councill any reasons for the altering their former Treasurer, etc. Neither before or since has the previledge of ye Assembly in this case been controverted. Wee must in the next place observe, that since the Govt. with the Councill have the sole liberty of disposeing the monies the Assemblies raise, and their warrt. to the Treasurer for the time being for issuing out monies for what purposes and occation they think fitt being sufficient for him so to doe, and not examinable by ye representative body of the people otherwise then whether the Treasurer has such orders, 'twill be accounted unequall that the people upon whome is raised all the monies, should not have lodged in their Representatives any manner of power of approbation or disapprobation of the conduct of a Treasurer by continuing him or removeing him; wch. if the Assembly have lodged in them will be some restraint on him, that he acts according to his duty and will enable the people more chearfully to undergoe the burthen of their taxes, when they are satisfied wth. the disposall of it; wch. can never be if the appointment of a Treasurer be devided betwixt the Councill and Assembly. And since the Govs. have power of suspending any members of Councill, by wch. ye Councill (at least for a time by his constituting others in their places) will become his and not the Queens, how easy will it be for a Councill of his owne and a Treasurer (by his influence over the Councill) his own, to issue and dispose of wt. monies he pleases, even to the defending himselfe agst. the just complaints of the people wth. their own mony, and the exacting of laws most dangerous to their liberties and the trade of the Island, wch. has been most fatally experienct. in the Governmt. of Sir Bevill Granville, and in the passing that pernicious Act of Paper Credit, wn. ye yn. Treasurer made use of the publick monies in buying the votes and interest of some members of the Assembly, now of the Councill.
The last Assembly in order to repair the fortifications and discharge the publick debts on Nov. 23rd sent up a bill for raising a sum of money sufficient for that purpose. The Councill instead of concurring with ye Assembly in so just and necessary a worke, never took any notice of it, but in Feb. sent down a new bill of their own prepareing, wherein they took upon them to change the forme and method proposed by that Assembly for raising the levy, without giveing them any reasons, or any signification what was become of the former levy bill. This unpresidentiell proceeding in a matter of soe great concern for the welfare of this Island, in the retreiving the publick faith, was very surprizing to the Assembly, who were so carefull in avoiding any difference wth. ye Councill, that they only desir'd (March 14) to know wt. was become of ye Levy Bill, but recd. no other answer then that they had sent downe another. Recapitulate quarrel over Treasurer (v. June 11, Aug. 30 etc.) and deny charges against Col. Downes. If H.M. should grant such a power of takeing depositions etc. as in the case of Mr. Crow, wee doubt not but 'twill manifestly appear how much several Gentlemen of the Councill have betrayed the trust repos'd in them by H.M. and how corrupt their proceedings have been, etc., etc. Signed, Tho. Maxwell, Edmund Sutton, Wm. Grant. Endorsed, Recd. 12th, Read 13th Sept., 1710. 10 pp. [C.O. 28, 13. No. 41; and 29, 12. pp. 271–299.]
July 10.297. Mr. Dummer to [? the Earl of Dartmouth]. As I perceive the expedition goes on, and I have from the beginning desir'd to bear a part in it, I lately look't over the establishment, and I find that there's a sallary settled for a Judge Advocate and Secretry, and nobody is appointed to serve in the posts. I therefore humbly offer my service to H.M., and as I'm a native of New England and acquainted with all the persons in the Government there, may be able to promote the main intent of the expedition, and be serviceable in any emergencies that may happen. I pray your Lordship to mention it in my behalfe tomorrow in Council, that I may without delay repair to Portsmouth. Signed, Jer. Dummer. 2 pp. [C.O. 5, 10. No. 136.]
July 12.
Whitehall.
298. Council of Trade and Plantations to the Earl of Dartmouth. Mr. John Roos, H.M. Seal-cutter, having prepared a new seal for Jamaica (v. July 17, 1708), we enclose following. Annexed,
298. i. Draught of H.M. Warrant to Governor Handasyd, directing him to use the new Seal. [C.O. 138, 13. pp. 153–155; and 137, 45. No. 93.]
July 13.
Whitehall.
299. Same to Governor Handasyd. Acknowledge letter of April 9, 1710. We are sorry for the heats and divisions you mention to have arisen in the Assembly in relation to their Speaker; but the prudent measures taken by you in that affair we hope has put an end to those disorders. We shall expect the Acts you mention to have been past by that Assembly, as likewise the other papers of publick proceedings which you promise us, which so soon as we shall receive we shall take into consideration and lay them before H.M. for Her royal pleasure thereupon. What you write touching recruits we have laid before H.M., and having discoursed Capt. Gardner in relation to the said recruits, that matter is put into a proper method of examination. As to the pardon for the serjant, Capt. Gardner sent it to you about 12 months ago, and a duplicate in January, one of which we hope by this time you have received. [C.O. 138, 13. pp. 155, 156.]
July 13.
Whitehall.
300. Same to Governor Parke. Acknowledge letters of 24th and 25th Nov., 1709, March 9, 21 and 27, April 24 and May 11, 1710. We have laid before H.M. what you writ, April 24, relating to the hardships the soldiers in ye Regiment commanded by Col. Jones lye under, for want of their cloathing and pay, as likewise their petition, for H.M. directions therein, who has been pleased to referr the same to the Secry. of War, for his examination. [C.O. 153, 11. p. 58.]
July 13.
Kensington.
301. H.M. Commission to Richard, Viscount Shannon, to be General and Commander in Chief of the troops which accompany the expedition designed for the reducing of Canada and other places in America, etc. Copy. Countersigned, Dartmouth. [C.O. 324, 32. pp. 5–7.]
July 13.
Kensington.
302. H.M. Instructions for Richard, Viscount Shannon, "whom we have appointed Generall of all our land forces, that are to be employed in the reduction of Canada, and other places possest by the enemy in North America. … You shall immediately upon the receipt of these our Instructions repair on board such of our ships as shall be appointed to carry you to Boston, and after the embarkment of the troops designed for this our expedition on Canada, for which Col. Nicholson and Col. Vetch are already dispatched, to make the necessary dispositions, you are with all speed as wind and weather shall permitt to proceed to Boston aforesaid. Upon your arrival at Boston, you shall call a Councill of war to consist of four principall land officers, and four senior sea officers, the C. in C. and the General included, together with Col. Nicholson, Col. Vetch and Col. Hunter. or such of these three last mentioned as shall be present, and agree upon the most proper methods of corresponding and acting in concert with the forces of New York, for which our orders are already sent to that Governor, and being joined with those of New England, shall immediately make the best of your way to Quebeck and other places on the River St. Lawrence, which you shall endeavour to reduce to our obedience, and in case you succeed in your attempt on the said places, you shall constitute and leave in all, or either of them, such Governors and garrisons, as you shall judge necessary for their security, or cause any of the said places to be demolished, as shall be thought the most expedient for our service. But if upon your arrival in New England, you shall find that either our Colony there or that of New York, or both of them have failed in furnishing the respective quotas which are expected from them, you are then to determine in a Councill of war whether it may be practicable to proceed on the expedition upon Canada without the assistance of the aforesaid troops, and take your measures accordingly. And if, as we have no reason to doubt, our Government of New England have their appointed Quota in readinesse, but should want conveniencys for transporting and victualling the said Quota, or if our Government of New York have likewise their Quota in readinesse, but want stores and provisions for their said Quota, you shall in either or both these cases endeavour to procure for either or both of the said Quotas of the said Governments, on our credit, all or any such conveniencys of transports stores or provisions that they shall stand need of. It is also our pleasure that when you are joined by any of the provinciall troops above mentioned, all the said troops shall be under your immediate command, and continue with you as long as you shall think it necessary for our service, and likewise that in all land services, the Marines shall be under your direction, and serve as is usuall at land, but not to be left in garrison. And whereas the successe of this our expedition will very much depend upon an entire good understanding between our land and sea officers; we do hereby strictly enjoin and require you on your part to maintain and cultivate such a good understanding and agreement, and to order that the soldiers under your command, shall man the ships, where there shall be occasion for them, and when they can be spared from the land service, as we have instructed our C. in C. on his part to maintain and cultivate the same good understanding and agreement, and to order the sailors under his command to assist the battallions and batterys, where there may be occasion for them, and when they can be spared from the sea service. And to the end that nothing may be wanting in us to procure that good successe which we hope for from this expedition, we do hereby empower you in concert with Col. Vetch and Col. Nicholson, as also with Col. Hunter, or such of these three as are present, to make such presents as may be necessary to engage the Indians in our service, and to draw them off from their trade, and correspondence with the French, as also to give all fitting encouragement to such of the French inhabitants as shall come over to us, or to make a timely submission, by offering them the continuance of all such lands, estates and priviledges, as they do at present possess under the French Government; the garrisons reduced at discretion, and inhabitants refusing to give due obedience to be transported to our prisons in New England till our further pleasure. In case it shall please God to give our arms successe in our enterprise upon Canada. and that the same be finisht early enough in the year for any other enterprize, or if the season be too farr advanced for that expedition; you are in either of these cases to consider in a Councill of war to consist of the persons abovementioned, what other service may be the most practicable and advantageous, and enter upon it according to such resolutions, as shall be therein taken. But in case some accident or extraordinary resistance shall detain you in the River St. Lawrence till the Councill of war shall judge the season too farr spent for any further action, you are then to sail for England, unlesse you shall receive our orders to the contrary. Whereas in order to the better carrying on of the expedition against Canada, and other places in North America, severall officers en second, and some lieutenants, and some ensigns were ordered to proceed and embark with Col. Vetch, and others in pursuance of the said service are now ordered to embark with you, as supernumerary officers or voluntiers in the regiments going under your command, we judging it just and reasonable that all fitting encouragement should be given to these officers, do therefore strictly enjoin and require you that the vacancys falling in any of the five regiments under your command be supplyed with these officers, according to their ranks and former posts. You shall immediately after the Councill of War to be held upon your arrival at Boston, give us notice of the resolutions which shall be taken there, and you shall likewise from time to time, as you shall have opportunity send us an account of your proceeding in the execution of these our Instructions etc. Signed, Anne R. 6 pp. [C.O. 5, 9. No. 64; and 324, 32. pp. 5–7; and 324, 31. pp. 1–3.]
July 14.303. Lord A. Hamilton to [? Lord Dartmouth]. Being inform'd yt. there are ships now fitting out for Jamaica, it may be for the Queen's service, yt. my patent be now passt, and be dispatcht, so as to be readdy to goe by this first convoy, by which the expence of sending a man of war or two for yt. purpose only will be saved, etc. I am inform'd yt. it is not usuall to leave any of the Governments in ye Plantations without a Cheef Governor, by which frequent inconveniencys have and may happen, but when it can't be avoyded, etc. My haveing my patent now can be no hardship to ye present Governor, etc. Signed, A. Hamilton. 3 pp. [C.O. 37, 51. No. 24.]
July 15.304. Mr. Dummer to Mr. Popple. Gives sailings of the Frankland, 100 days out and home. The merchantmen under convoy of the Kingston and Portsmouth were to saile from Jamaica June 22 last she brings nothing extraordinary but the loss of trade with the Spaniard. Signed, E. Dummer. Endorsed, Recd. 15 July, 1710. Addressed. 1 p. [C.O. 323, 7. No. 3.]
July 15.
Whitehall.
305. The Earl of Dartmouth to the Council of Trade and Plantations. The Queen having been pleased to appoint the Right Honble. the Lord Archibald Hamilton to be Governor of Jamaica in the room of Brigadier Handasyd who is recall'd; I desire you will please to direct Commission and Instructions to be prepared for his Lordp. as usual, that the same may be laid before H.M. for her approbation, etc. Signed, Dartmouth. Endorsed, Recd. 17th, Read 19th, July. 1710. 1 p. [C.O. 137, 9. No. 12; and 138, 13. p. 157.]