America and West Indies
October 1710, 16-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1924

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231-247

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'America and West Indies: October 1710, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 25: 1710-1711 (1924), pp. 231-247. URL: http://www.british-history.ac.uk/report.aspx?compid=73840 Date accessed: 18 September 2014.


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October 1710, 16-31

Oct. 16.
On board H.M.S.
Draggon in Ye Bason Harbour of Annapolis Royall in Nova Scotia.
429. Memorandum of the distances of the English bounds of the sea-coast of Nova Scotia. From St. Georges to Grand Manaan 45 leagues, from thence to St. Johns 14, from thence to Schedenecto 40, from thence to Port Royall entry 45, from thence to Cape Sables 35, from thence to ye Gutt of Cancer 85, from thence to Cape St. Lawrence on Cape Brittoon Island 30, from thence to Cape Gaspe in Canada River 122, from thence to Pisquitt and Bay of Silliose 30, from thence Schedenecto and bounds by land 4 miles. Signed, (Capt.) Cyprian Southack. 1 p. [C.O. 5, 9. No. 76.]
Oct. 16.
Cowes.
430. Lord Shannon to Lord Dartmouth. Desires an order for draughting some men to complete the 400 ordered out of the Portsmouth Garrison. etc. Signed, Shannon. 2 pp. Enclosed,
430. i. The true state of the forces commanded by the Right Hon. the Lord Viscount Shannon, as they were embark'd Oct. 14, 1710. 161 officers, 465 non-coms., 2639 centinels. 1 p. [C.O. 5, 9. Nos 2, 2 i.]
[Oct. 17].431. Lt. Gully to the Council of Trade and Plantations. Having served as first lieutenant of the free company at Newfoundland for some years without any complaint made against him, and Major Lloyd being dead, prays to be recommended for the command. Signed, Timothy Gully. Endorsed, Recd. Oct. 17, Read Nov. 10, 1710. 1 p. [C.O. 194, 4. No. 139.]
Oct. 19.432. Memorandum of Commission appointing Mr. Moore a Commissioner of Trade and Plantations. ½ p. [C.O. 388, 76. No. 104.]
Oct. 20.433. List of Inhabitants within 3 miles circuit of Annapolis Royall, which is agreed to be all comprehended in the capitulation delivered to Col. Vetch by Mr. Alleyn. Total, 481. Names given. Signed, Sam. Vetch. 3 pp. [C.O. 5, 9. No. 77.]
[Oct. 20 ?].434. Plan of Annapolis Royall Fort on the River Dauphin etc. 1 large p. [C.O. 5, 9. No. 78.]
Oct. 23.
Portsmouth in New Hampshire in New England.
435. Address of the Governour, Council and Representatives of New Hampshire to the Queen. Your most sacred Majesties most loyal and dutiful subjects are deeply sensible of your Majesties princely regard and favour in the support and defence of this Province by the late supply of cannon and other warlike stores sent hither as wel as in your Majesties most gratious care for us, in sending such a Force of shipps and marine forces, who in conjunction with the Forces drawn out of these Provinces, have by the good Providence of Almighty God put your Majestie into possession of that important Fort of Port Royal, the head of Nova Scotia and L'Accadie, who have been these seven years the great pest and trouble of all the Navigation and Trade of your Majesties Provinces on the coast of America. Your Majestie's most dutifull and loyal subjects doe from this success and benefitt take encouragement most humbly to address your Majestie that such a number of your Majesties shipps of warr and Forces may be sent early the next spring to visitt Quebeck and Mont Real, with such additional Forces from all your Majesties Goverments on the shore of America, as may by the Favour of Almighty God reduce those places to your Majesties obedience; and thereby make the whole North America an addition to your Majesties Imperial Crown and dignity, from whence by the industry of your Majesties leidge people at present inhabitants, with such others as may be planted here, all sorts of Naval Stores may with industry, and without any hazard or interruption be transported home sufficient not onely for your Majesties service in the Kingdoms of Great Brittaine and Ireland but for all Europe, to the great increase of Trade and Navigation, the improvement of shipps and breed of sailors. Your Majesties most loyal and obedient subjects most humbly beseech Almighty God for your Majesties health, long life, and the addition of further glorious victories over the great oppressor of the liberties of Europe. Signed, J. Dudley: Cha. Story, Secretary of the Council; Richard Gerrish, Speaker of the House of Representatives. 1 p. [C.O. 5, 10. No. 3.]
Oct. 23.
London.
436. Col. Alexander to [? the Earl of Dartmouth]. Since I had the honour to see you, I understand a report from the Comptrollers of the Army, relating to the complaints of Governour Parks against Col. Jones, will be laid on Tuesday next before a Committee of the Councell att his Grace the Duke of Queensborough's Office. I humbly begg you will please to interpose between a man (who is to well known to say anything off) and a corps of men, which by his malice are already reduced to the last extremity. Should the groundless complaints of Governour Parks levell'd at Col. Jones, be of any weight, the Regiment now in the Leward Islands must be inevitably ruin'd, the soldiers being hetherto subsisted by their officers, who were trusted by the inhabitants, on the creditt of their pay, which if not speedely remitted must necessarely involve both inhabitants and soldiers in the same common ruin, etc. An officer is arrived from the Leward Islands prepared to sett the matter in a clear light, etc. Signed, H. Alexander. 2 pp. [C.O. 152, 42. No. 42.]
Oct. 24.
Williamsburgh in Virginia.
437. Lt. Governor Spotswood to the Council of Trade and Plantations. Since my last (Aug. 18) by the Maidstone (of which I enclose a duplicate) I have not had the honour of any from your Lordships, so am only now to pursue the relation of the affairs of this Government where I then left off. The measures I had proposed to myself for detecting the persons concerned in that illegal trade to Currasoa and St. Thomas's, by examining the books of the Custome-house Officers, and comparing the clearings of the vessells with ther certificates of the discharge of their loading in the Plantations, have not given me the light I expected: so that I am forced to have recourse to the means of finding out and examining the men that sailed in those vessells, and am not without hopes of making discoverys, sufficient to be the foundation of a prosecution against the offenders, and thereby discouraging a trade so pernitious to H.M. interest and service. I herewith send your Lordships the Journals of Council in the time of the late President, which I understand have not been yet transmitted. Your Lorps. will be pleased to excuse me from offering any remarks on what is contained therein, as being wholly a stranger to all the proceedings, and besides I'm told that Col. Jenings has from time to time given your Lorps. an account of what is most remarkable. Your Lorps. will likewise receive with this the Journals of Council since my entrance upon the Government, together with the copys of the Proclamations issued in that time: upon which having already imparted to your Lordps. what is most material, I have little now to add except that upon some dissatisfactions I found among the people, in reference to H.M. late Instruction for granting of land, and that by false reports they had been ledd into an opinion that those Instructions contained harder terms than they really do, I thought it necessary to prepare a proclamation, not only to disabuse the country as to any false conceptions they had of H.M. royal intentions, but to soften what appear'd harsh to them in the Instruction, and to make the alteration proposed therein go down the more easily: but having communicated this proclamation to the Council at their last meeting before the Genll. Court, they represented it as a matter of that consequence, as would deserve the consideration of a very full Council, in respect of the influence it might have on the minds of the People just upon the meeting of an Assembly: so it rests till I have further opportunity to discover the humour of the Country: and I have not thought fit to give your Lordps. the trouble of perusing it as being yet imperfect. I cannot yet see what will be the temper of the next Assembly, the inclinations of the Country being rendered more misterious by a new and unaccountable humour which hath obtained in several countys of excluding the Gentlemen from being Burgesses, and chusing only persons of mean figure and character: by what I have yet heard, the business of taking up land is the cheif grievance they have recommended to their Burgesses to get redressed. All I can assure your Lorps. of, as to this or any other of their proceedings, is, that if I have not the dexterity to apply them to H.M. service, I shall at least have the courage and honesty to prevent their acting anything contrary to it. I have observed among other causes of the partys and factions that arise in this Country upon the election of Members for the Assembly, there is one like to be very often renewed so long as the Country is in a growing condition; and that is, the applications which the People have occasion to make for dividing old and erecting new parishes: this it seems hath been heretofore done by Act of Assembly, and the People in their elections have oftner considered the disposition of the Burgesses to such particular designs, than their qualifications for promoting the publick interest; but finding in my Instructions that H.M. hath given power to Her Governor to bound and settle parrishes, as he shall think fitt, without even naming the intervention of the Council, I am apt to beleive that the erection or division of parishes may be a branch of the Crown's Prerogative in Ecclesiastical affairs, and indeed if on this occasion to have recourse to H.M. Governor be the justest application, I am perswaded it will prove also the easiest to the people, forasmuch as the Governor is ever likely to prove the most disinterrested Judge in such an affair, and that he never will have it in his power to oppress the people by any burthensome division, if either a new Instruction from H.M. or a law to be passed here, shall limitt the number of tithables to be charged with the maintenance of a Minister. Yet because my predecessors (tho' they had the same Instruction) have hitherto allowed this matter to be handled and determined by the Assembly, I humbly desire your Lorps.' direction therein; for as I resolve never to suffer any encroachments on H.M. prerogative, so on the other hand I would very unwillingly be engaged in a dispute with the Assembly unless it be thought worth the contending for. There is a project intended to be handed to the next Assembly for improvement of the iron mines lately discovered in this Country, which upon tryal have been found to be very rich and good. It is proposed that the work be carryed on at the publick charge, that the Assembly raise a fund for that purpose, and have the disposal of the profits thereof, when it comes to perfection, for answering the publick expences of the Government. If the Assembly should proceed so far therein this Session as to prepare an act for the encouragement of this work, I hope I may give my consent to it without infringing H.M. Instruction, which restrains me from passing acts of an extraordinary nature, since I do not at present apprehend any disadvantage which this may occasion to H.M. service, or the trade of Great Brittain; because the Nation is obliged to import great quantitys of iron from forreigne parts, which if this succeeds, may be supplyed from hence: at least if it should be found prejudicial, the Act may be repealed by H.M. long before it can take any effect here, since they can enter on no part of their work till they have their workmen and materials from England. And here I take occasion to beg your Lorps.' favourable interpretation of the earnest endeavours I shall always use in these parts to promote the interest of H.M., and that of my Mother Country (Great Brittain), so that when it may happen that I yeild to the instances of the People, and pass here a law of this nature (which if it be not acceptable to H.M. can be null'd ere it become in force) I hope your Lordps. will conclude that such a complyance on my part may sometimes be necessary, in order to preserve a good correspondence with them, and thereby compass some other advantages for H.M. service. I have for these two months past expected here Mr. Hamilton, who is impowered to settle a post through this country and the neighbouring Colonys, and am just informed he is come to Kiquotan; I believe the thing is very feasible; and shall do all that lyes in my power to encourage a project which may hereafter bring in a considerable revenue to H.M. The greatest obstruction which I apprehend in it is from the want of money fitt for change, and to pass in paying the postage of letters, there being now only tobacco, which is a specie very incommodious to receive small payments in, and of very uncertain value. The Commissioners appointed for settling the boundarys between this Colony and Carolina, being lately returned, have delivered me a Journal and report of their proceedings: and since I cannot on this sudden departure of the Fleet give yr. Lordps. a better relation of the transactions that have been hitherto in that affair, than by the same journal and report, I beg leave to send here inclosed a transcript thereof, with the opinion of the Council thereupon, in which is summ'd up the true conclusions that may be drawn from the dilatoryness of the Carolina Commissioners, and the plain evidence of H.M. right to the lands in dispute, with an humble representation to your Lordps. of what is thought necessary to be obtained from the Lords Proprietors for H.M. service. I shall use my best endeavours to bring this matter to a speedy determination, and in the mean time lay before your Lordps. an account of the several transactions therein as occasion offers. All I shall observe at present is that the tract of land in dispute is of considerable value and worth the claiming, being near 20 miles broad between the two contested limits, and how far it extends in length westward no man can tell. While I was sitting last Friday in the General Court, I observed several petitions for land presented and read there, in a strain that seemed to me very extraordinary; for the petitions for lapsed land concluded with this remarkable expression, vizt., that the General Court would give the Petitioner a grant of a tract of lapsed land petitioned for, and in the petitions for escheated land after setting forth that such a tract of land hath been found to escheat to H.M., the petitioner prayed the Genl. Court to order that a patent might issue to him for the same; and upon enquiry I found it hath been the practice of the General Court to grant orders accordingly. Whereupon I immediatly adjourned the Court, and called a Council. I told them how much I was surprized to see petitions presented to the General Court and orders pass there in a stile wch. I thought very derogatory from H.M. prerogative, since no Court could order H.M. to dispose of her own property, and that the proper application for grants of land being to be made to H.M. in the person of her Governor, I could not suffer such petitions to be offered there, nor such orders to pass. They alledged that the proceedings of the General Court in relation to land were grounded on the late Act of Assembly concerning the granting, seating and planting of land, etc., which directs how lands that are lapsed or escheated shall be granted, and that law being still in force here, the people believed they had a right to make their application to the General Court as they are directed thereby. I answered that they knew very well that H.M. had repealed that law, and beleived for that very reason of it's invading H.M. Prerogative; that however I was not against having petitions brought into the General Court for the more legal traversing of escheats, or for disputing whither the land petitioned for was duly proved to be lapsed, but that when the General Court had once decided the right to the land to be vested in the Crown, they had done all they had authority to do, and the petitioners ought then to apply themselves to the Governor for obtaining grants. And that I hoped the Court would not take upon them to determine anything to the prejudice of H.M. prerogative, upon a law that they were satisfyed was repealed, tho' that repeal was not formally notifyed here. At last we came to this resolution, that the General Court would for this session in all cases of private right between subject and subject judge upon that law as a law in force: but that all petitions for land and all other cases wherein H.M. prerogative might be concerned should be referred till the next General Court, in expectation that before then H.M. order may arrive for repealing that law in form or that this Assembly may alter it by preparing another law fitter for H.M. royal approbation. I beg to offer to your Lordps. what hath been urged to me against taking up land as proposed in H.M. Instruction, which is, that there being laws past from time to time declaring what is meant by the seating and planting of land, no new terms of seating can be exacted, while those laws are in force, and that if the late law concerning the granting, seating and planting of land etc. be repealed, there will then be another revived less beneficial to H.M., which is the 20th Act of Assembly, 1666, declaring what is meant by seating of land. And therefore for preventing any manner of argument which may arise upon that law, after the repealing the other concerning the granting, seating and planting of land, etc., I humbly propose that H.M. may be moved likewise by her Order in Council to repeal that other Act in 1666, which will then leave people no pretence of cavilling or objecting that H.M. Instructions are contrary to the laws in force. I have again advised with the Councill in relation to the Courts of Oyer and Terminer, and have pursuant to H.M. Instructions appointed the first Court to be held at Williamsburgh, Dec. 2nd, and the Council have advised me to recommend to this Assembly to make the same provision for defraying the charge of the jurys and witnesses attending this Court as is made in tryals of criminals at the General Courts. P.S. Oct. 26. Since writing this letter, some Nations of our Tributary Indians who live in the contested bounds between this Colony and Carolina, have brought me a petition desiring that the lands reserved to them by the Articles of Peace made with this Government in 1677 may be now laid out for them, which furnishes me with a new argument that the lands in dispute do of right belong to H.M.; for had the Government of Carolina look'd upon that land to be within [their] bound, they would certainly have excepted against a Treaty (made so soon after their Grant) whereby those Indians are declared tributarys to this Government, and to hold their land by patent under the Great Seal thereof upon paying an annual acknowledgement of three Indian arrows in token of their subjection. By vertue of this Treaty, those Indians have lived quietly under the protection of this Governmt., and without the least pretention made by Carolina till within these few years. This country have taken great care to keep that Treaty inviolably, and several laws have been made from time to time for the more effectual execution of it; but should it be the fate of those poor Indians to fall under the Government of Caroline, it is much to be doubted whether any of those Articles would be kept to them, and your Lordps. will easily imagine how much it would exasperate them to find that contrary to a solemn Treaty, on the faith of which they have lived quietly so many years, they must be now turned over to new masters, and subjected to new laws. I have likewise just now received a representation of Mr. Byrd, wch. by this conveyance he makes to my Lord Treasurer, and wch. I think proper to transmit to your Lordps., it being such a proposal as I think cannot but turne to the advantage of the Countrey. Signed, A. Spotswood. Endorsed, Recd. 25th Dec., Read 8th Jan., 17frac10/11. 7½ pp. Enclosed,
437. i. Copies of Proclamations issued by Col. Jenings, President of the Council of Virginia. (a) For a day of fasting and humiliation, Jan. 11, 1710. Signed, E. Jenings, Dec. 8, 1709. (b) To permit export of corn. Signed, E. Jenings, March 9, 1709 (10). (c) To prevent negro slaves assembling together. Signed, E. Jenings, March 21, 1709 (10). (d) For the apprehension of stragling seamen. Signed, E. Jenings, March 21, 1709 (10). (e) For the apprehension of a negro slave notoriously active in stirring up negroes in Surrey County to levy war against H.M. Government. Signed, E. Jenings, April 21, 1710. 4 pp.
437. ii. Copies of Proclamations issued by Lt. Governor Spotswood. (a) For continuing officers. Signed, A. Spotswood, June 23, 1710. (b) Declaring the Act establishing ports and towns etc. null and void. Signed, A. Spotswood, July 6, 1710. (c) For preserving the rights and properties of the subject. Signed, A. Spotswood, July 6, 1710. (d) To prevent the entertainment of runaway seamen, etc. Signed, A. Spotswood, July 27, 1710. The whole endorsed, Recd. Dec. 25, 1710. 6½ pp.
437. iii. Journal of proceedings of Philip Ludwell and Nathaniel Harrison, Commissioners appointed for settling the Boundaries between Virginia and Carolina, July 18Oct. 4, 1710. The conclusion of the Commissioners is that the place called Waycocon is the place called Weyanoak Creek in the Carolina Charter. From the backwardness of the Carolina Commissioners to meet us and to bring this business to a conclusion, together with the frivolous objections they make upon all occasions to retard our proceedings etc., we cannot choose but believe that they, or one of them at least, is convinced of this, etc. Signed, Phil. Ludwell, N. Harrison. 12 pp.
437. iv. Copy of proceedings of Council of Virginia upon above Report, Oct. 24, 1710. 4½ pp. Endorsed, Recd. Dec. 25, 1710. 4½ pp.
437. v. Representation of Wm. Byrd, H.M. Receiver General of Virginia, to Lord Godolphin, Lord High Treasurer. By favour of H.M. and her royal predecessors, the inhabitants of Virginia have been allowed to pay for their quit-rent 24lb. of tobacco instead of 2s. for every 100 acres granted to them by patent. Tobacco is grown of no value by reason that the vast quantity now made exceeds all consumption. The poverty of the inhabitants under such circumstances disables them from paying money for the said quit-rents. Most of the land would produce hemp, flax, rozin and other Naval Stores. Proposes that those who shall not chuse to pay money, shall be required to pay one or more of the said Naval Stores, etc., etc. Signed, Wm. Byrd. Endorsed, Recd. Dec. 25, 1710. 1½ pp.
437. vi. Duplicate of preceding. [C.O. 5, 1316. Nos. 54, 54 i.vi.; and (without enclosures) 5, 1363. pp. 228–244.]
[? Oct. 24].438. Same to [?Lord Dartmouth]. Encloses following etc. Signed, A. Spotswood. Endorsed, Recd. begining of Jan., 17 10/11. No date. 1 p. Enclosed,
438. i. Proclamations by Col. Jenings and Lt. Gov. Spotswood. Duplicates of Nos. 437 i., ii. [C.O. 5, 1341. Nos. 12, 12 i.]
[Oct. 26].439. Proposals for preventing undue proceedings in the Courts of Barbados. No signature. Endorsed, Recd. Oct. 26, Read Nov. 1st, 1710. 6 pp. [C.O. 28, 13. No. 47.]
Oct. 26.
Whitehall.
440. Council of Trade and Plantations to Col. Lillington. In answer to your letters of June 11 and Aug. 1st, H.M. has been pleased to determine that matter in such manner as you will finde by the inclosed copy of H.M. Order in Council. Wee shall at a convenient opportunity take into consideration the papers you have sent us, Aug. 1st. [C.O. 29, 12. pp. 313, 314.]
Oct. 26.
Whitehall.
441. Council of Trade and Plantations to the Queen. We have received a letter from the Councill of Maryland, dated Feb. 2, 170 9/10, wherewith they transmit to us several laws past at a General Assembly in Nov. 1709, after the death of the late Governor Col. Seymour, which laws were past by the Councill and Assembly on Nov. 10, and the next day were assented to by the Councillors as Governor in Cheif. Upon which we beg leave to observe that by your Majesty's Instructions to ye said late Governor, it is provided that in case of his death or absence (if there is no Lt. Governor appointed by your Majesty upon the place) the Councill do take upon them the administration of the Government, and that the eldest Counsellor then residing upon the place do preside; but it having been observ'd that the said Instructions had occasion'd many controversies and disputes touching the power of Government, your Majesty by an Additional Instruction, May, 3, 1707, was pleas'd to direct that in case of the death or absence of the Governor (if there is no Lt. Governor appointed by your Majty. upon the place) the then President of ye Councill do take upon him the administration of the Government, and execute the several powers in your Majesty's Commission and Instructions, as Governor and Commander in Cheif. But these laws having been past contrary to the intent and meaning of the first of the said Instructions, and contrary to the plain words of the latter, we therefore humbly offer that your Majesty be pleased to signify your disallowance and disapprobation thereof. Annexed,
441. i. List of Acts passed in Maryland, Nov. 11, 1709. [C.O. 5, 727. pp. 188–192.]
Oct. 26.
Whitehall.
442. Same to the President of the Councill of Maryland. We have received a letter signed by you with the rest of the Councill of Maryland of Feb. 2nd, transmitting the Journals of the Councill and Assembly of the Province. and several laws then past. We find by the said letter that the Councill have taken upon them the administration of the Government. which is contrary to the plain words of H.M. Instruction May 3 (v preceding). Wherefore we look upon the said laws to have been pass'd without sufficient authority, and have therefore laid them before H.M. for her disapprobation and disallowance. However, if any of the said laws do seem to you of absolute necessity for the good Government and welfare of the Province, they may be re-enacted by the President (as Comander-in-Chief) Councill and Assembly, and when such law shall be transmitted to us with ye reasons for passing ye same (wch. ought always to be sent with ye laws) they will be considered and laid before H.M. at a proper opportunity. [C.O. 5, 727. pp. 192, 193.]
Oct. 26.
Office of Ordnance.
443. Board of Ordnance to the Council of Trade and Plantations. Being now preparing the estimates of this Office, in order to be laid before the Parliament, and having sent several great quantities of ordnance stores to H.M. Plantations and Islands in America, for which we receiv'd no satisfaction, we desire your Lordps. will please let us know if there be any demands for any stores etc. Signed, C. Musgrave, Ja. Craggs. Wm. Bridges. Endorsed, Recd. Read Oct. 27, 1710. 1 p. [C.O. 323, 7. No. 5; and 324, 9. pp. 445, 446.]
Oct. 26.
Whitehall.
444. Mr. Popple to Mr. Bridger, Surveyor General of the Woods on the Continent of America. Acknowledges letter of July 26. The Lords Commissioners of Trade and Plantations are well pleased with the hopes you give them of success in the design of furnishing this Kingdom with Naval Stores from New York; but as to what you write in relation to the charge you are or shall be at in assisting to seat and instruct the Palatines in the method of making tar, they acquaint you that as there is a fund appointed for that service, you may best settle that matter with Col. Hunter. In relation to the seizures of masts, they refer you to their letter of Jan. 16. As to what you writ touching private grants to townships, and H.M. being excluded thereby from cutting masts, their Lordships send you the opinion of Mr. Eyre, H.M. late Solicitor General. [C.O. 5, 1122. pp. 188, 189.]
Oct. 26.
Whitehall.
445. Same to Col. Quary. Your letter to Mr. Pulteney, July 5, has been laid before the Council of Trade and Plantations. It is with great satisfaction they hear that by the prudent management of Col. Hunter there is a likelyhood of composing the differences in New Jersey, and uniting and reconciling all disputes and former quarrels, which have been so frequent in that Province. And their Lordships doubt not but Col. Hunter will compleat so good a work, and that the Assembly will at their meeting do everything that may be necessary for the good and welfare of the said Province and H.M. service. Their Lordships are likewise glad to hear that he has taken such measures towards settling the Palatines, who will as you observe be a great advantage and security of the Provinces under his Government. As to Col. Nicholson, their Lordships have not heard from him since his departure from hence, but are in hopes to receive a very good account of his Expedition. [C.O. 5, 1122. pp. 190, 191.]
Oct. 26.
Whitehall.
446. Council of Trade and Plantations to the Lord Dartmouth. Quote Governor Hunter's letter (July 24) concerning mistakes in the names of Councillors etc. The names are correctly given in the entry of Col. Hunter's Instructions in our books, so that the mistake must have been committed by the Transcriber, and therefore we desire your Lordship will move H.M. that this matter may be rectified. [C.O. 5, 1122. pp. 191, 192; and 5, 1084. No. 42.]
Oct. 26.
Whitehall.
447. Same to the Queen. Quote Governor Hunter's letter concerning the difficulty he meets with in seating the frontiers, etc. (v. July 24). Wherefore we humbly offer that your Majesty be pleased to allow of an alteration in his Instructions, vizt., that the Covenant in every grant of land on the frontiers be to plant, settle and effectually cultivate at least three acres for every 50 acres of land in 3 years after the end of the present war with France; which will increase your Majesty's quit-rents in the meanwhile, and facilitate the seating of the frontiers after a Peace; and that your Majesty's pleasure herein be signified to the said Governor. [C.O. 5, 1122. pp. 193, 194.]
Oct. 26.
Whitehall.
448. Same to Governor Hunter. We have received your letter of July 24, and congratulate you upon your safe arrival at New York. We are glad to hear that the men in the Berkley frigat escaped with their lives, and that the goods tho' damaged were not wholly lost; and do hope that the Berkley Castle is arrived ere this. We are well perswaided of your care and diligence in settling the Palatines to the best advantage. Altho' the lands on the Mohack River may not be proper for the produce of Naval Stores, and consequently not proper for the settlement of the said Palatines, yet we cannot but think you will be able to find other lands for that purpose. And as you have informed us that you are upon a treaty with some persons for lands in Hudson's River, we wish you had explained what the terms were on which the said lands had been offered you, that we might have given you our thoughts therein. Tho' feuds and animositys between some of H.M. subjects in New York have for some time past been carryed to a great height, yet we hope from your prudence and good conduct they will be allay'd, it being so much their interest in particular, as well as that of the Province in general. Refer to the mistake in the names of the Councillors (v July 24 and Oct. 26 supra). Your swearing them into the Council will not be misinterpreted, they being the persons intended, etc. Acknowledge receipt of the old seals. We have considered what you write in relation to Capt. Evance's grant, but at present can give you no particular directions therein. However, in the meantime, you may go on in the patenting such other lands as shall appear most advantagious for H.M. interest and for the settlement of the frontiers. As to what you write in relation to your Instructions that patentees shall cultivate 3 acres for every 50 in 3 years etc., we do concur with you therein; and shall accordingly lay it before H.M. We are glad to find the Senecas have cleared themselves of the suspition they lay under; and that the Waganhas are come off from the French interest. We shall expect to hear the effect of your interview with the Five Nations; tho' we doubt not but that by your ability and prudent management of them, they will be kept steady in their duty to the Crown and as Frontier against the French. You have don well to give Col. Dudley an account of the intelligence you had of the French and their Indians. But as we hope Col. Nicholson will have success in the expedition he is gon upon, we believe the French will be less able to disturb the settlements in New England for the future. We have received a letter from Col. Ingoldesby (March 15), with several Acts etc. past in New Jersey. But whereas he has neither given the reasons for the passing the said Acts, nor sent us his observations upon each of them as he ought to have done, we desire that you will let us have your observations thereupon as soon as may be, that we may consider the said Acts at a proper oppertunity. [C.O. 5, 1122. pp. 195–199.]
Oct. 26.
Whitehall.
449. Same to Lt. Governor Spotswood. We have received your letter of Aug. 18, and congratulate you upon your safe arrival. The omission in your Instructions of Col. Bird's name, was occasioned by the fault of the transcriber, but Mr. Perry having some time ago informed us of that matter, we represented the same to H.M., who has thereupon been pleased by her letter mandatory to direct that he be reinstated etc. (cf. Sept. 22). Having not seen the reasons for altering the method of selling the tobacco paid for quit-rents by inch of candle, we are not able to say anything in particular upon what you write on that matter, tho' you say those reasons have been transmitted to our Board, yet not knowing by whom or in what year it was, it is not easy to have recourse to them, and therefore we shall expect from you a copy of those reasons with your particular opinion thereupon. For we are not fully satisfyed that the method now in use is so much for H.M. interest as that prescribed by your Instructions. We shall expect from you according to your promise, an account of what you have done in relation to the fees of the several officers. Though the Act for granting and seating of lands was repealed by H.M., as by the copy of the Order for that purpose, signed by our Secretary, does appear, yet you have acted prudently in not publishing the same without any original Order from the Council Office; and therefore we will take care to send you one by the first oppertunity. Your diligence in endeavouring to detect illegal trade with Curaçoa and St. Thomas is very commendable. We shall expect an account as you promised of your proceedings therein, and advise you to use your utmost endeavours to discourage such illegal practises upon all occasions. We agree with you in what you write about the necessity of having guardships for your Government, and as we writ you May 17 last, the Triton's prize was dispatch'd from hence to cruize with the Enterprize between the Capes; however we shall lay what you now write before the Lords Commissioners of the Admiralty for their directions therein. What you propose in relation to the building of a fort at Point Comfort, is a matter that requires consideration. You say the charge thereof will be but small. If so, and if the same be so much for the security of the inhabitants and their shipping, we cannot doubt but they will readily contribute to that work. We are glad to find you have such a prospect of a good crop, and hope that tobacco's will find a better price here for the future. P.S. We have communicated to the Commissioners of H.M. Customs that paragraph of your letter which relates to the Custome House Officer having a boat in James River etc. [C.O. 5, 1363. pp. 218–221; and 5, 1335. pp. 62–66.]
Oct. 27.
Whitehall.
450. Mr. Popple to Mr. Carkesse. Encloses extract from Lt. Governor Spotswood's letter (Aug. 18) to be laid before the Commissioners of Customs. (Cf. preceding.) [C.O. 5, 1363. pp. 221, 222; and 5, 1335. p. 70.]
Oct. 27.
Whitehall.
451. Mr. Popple to Governor Parke. Acknowledges letters of Aug. 1 and 16. The depositions, as you desir'd, have been deliver'd to Mr. Perry. The Lords Commrs. of Trade find in the Minutes of the General Council of the Leeward Islands April 10, 1710, that you have pursuant to H.M. Order broken the old seal. They desire that you will forthwith transmitt the same to be laid before H.M. in Council. [C.O. 153, 11. pp. 74, 75.]
Oct. 27.
Whitehall.
452. Mr. Popple to Mr. Burchett. Encloses extract from Col. Spotswood's letter, Aug. 18, relating to guard-ships for Virginia, to be laid before the Lords Commissioners of the Admiralty. [C.O. 5, 1363. pp. 222, 223; and 5, 1335. pp. 72, 73.]
Oct. 28.
Admiralty Office.
453. Mr. Burchett to Mr. Popple. In answer to preceding, the Lords of the Admiralty, direct me to acquaint you that H.M.S. Enterprize and Tryton's prize are now at Virginia, and under particular orders to cruize about and between the Capes, and as to what Col. Spotswood desires, that the ships appointed to attend on the Colony of Virginia may victuall there and not at New Yorke, the Commrs. for Victualling are directed to report their opinion therein. Signed, J. Burchett. Endorsed, Recd. 30th, Read 31st Oct., 1710. 1 p. [C.O. 5, 1316. No. 52; and 5, 1363. pp. 223, 224.]
Oct. 28.
Whitehall.
454. Lord Dartmouth to Governor Hunter. H.M. approves of what you have done in swearing Messrs. Provost and Walters of the Councill, etc. Encloses Representation of Oct. 26. q.v. Signed, Dartmouth. [C.O. 324, 32. pp. 32, 33; and 324, 31. pp. 6, 7.]
Oct. 30.
Whitehall.
455. Copy of Order in Council, Oct. 30, 1690, but dated Oct. 30, 1710. (v. A.P.C. II. No. 383). [C.O. 5, 720. No. 9.]
Oct. 31.
Whitehall.
456. Council of Trade and Plantations to the Queen. Quote Governor Handasyd's proposal as to escheats found for H.M. in Jamaica, May, 1709, and offer that, the Palatines having been disposed of otherwise, the Governor may be directed to grant the same as shall be of greatest advantage. [C.O. 138, 13. pp. 296, 297.]
Oct. 31.
Whitehall.
457. Same to Governor the Lord Archibald Hamilton. Quote the opinion of the late Solicitor General (supra) upon the Act of Jamaica, 1709, for regulating fees. Your Lordship will do well to lay the same before the Assembly, and endeavour to get them to pass a new Act for regulating fees not liable to the objections made by Mr. Solicitor General, otherwise we shall be obliged to lay the above-mentioned Act before H.M. for her disallowance. [C.O. 138, 13. pp. 297, 298.]
Oct. 31.
Whitehall.
458. Council of Trade and Plantations to the Principal Officers of the Ordnance. There is no demand of stores from any of the Plantations, etc. cf. Oct. 26. [C.O. 324, 9. pp. 446, 447.]
[? Oct.]459. Three members of Assembly of Barbados to the Council of Trade and Plantations. Refer to letter of July 8th etc. The Assembly having on July 27th desir'd a conference in relation to the Council's haveing rejected Mr. Ball as treasurer, the Councill on Sept. 5th answered, that they are ready to conferr with the Assembly on all the amendments to the Excise Bill except the first, upon wch. they have appealled to H.M., and therefor think themselves oblidged to wait her royal determination: but if the Assembly think fit to choose any proper person, neither of the Councill nor Assembly to be Treasurer of this Island, the Councill are willing to join with them in the said choice; which answer as it is neither agreeable to the proceedings of the Councill who upon the same amendment to the former and second Excise Bill did not refuse to conferr with the Assembly, tho' they had before such conferrence appealed to her most sacred Majesty, so it forecloses the ancient and only method of determineing by a free and friendly conference any unhappy differences that may arise between those two houses, and such denial of one part of the Legislature to conferr with the other, may prove a president of the most fatal consequence. And least the majority of the Councill should pretend that they have reasons agst. Mr. Downs, and that the Assembly hath offered none agt. Mr. Bate, whom the Councill nominated in the second Excise Bill, we begg to informe your Lordships that Mr. Bate then was and still continues to be Factor to the Royal Affrican Company, and as such is by an Act of the late King incapacitated of being of the Councill, or being Judge of any of the Courts here, and how much stronger will the reason be why he should not be the Treasurer, and have in his custody the whole cash of this Island, we humbly submitt to yr. Lordships' consideration. We assure your Lordships no private engagements or interest has had any inducement upon us in our persisting in our claim of right of appointeing of a Treasurer, as we are the Representative body of the people, and are entrusted with their rights and liberties, and tho' this our application lyes under the disadvantage of the want of an advocat, or agent, yet we rest assured of your Lordships' tender care and concern of this the People's only right now left them; and indeed since the right of appointeing agents has been denied the Assembly, our application must henceforward be immediately to yr. Lordships, for since all orders for the payment of Agents' salaries, and the examination of their accompts must be by the Governor and Council, they are no longer the Assemblies, but wholy the Councill's Agents, and if they act not wholy after their direction, they can't expect their salaries, or passing of their accounts, as has been experienced by Wm. Heysham Esq., whose accounts have been referred for some months together to the consideration of some members of the Council, and his salary unsatisfied, when Mr. Tryon's concerns at the same time met a quite contrary fate, etc. Signed, Guy Ball, Tho. Maxwell, Edmund Sutton. Endorsed, Recd. 11th, Read 12th Dec., 1710. 2 pp. Enclosed,
459. i. Duplicate of same to same, July 8th. [C.O. 28, 13. Nos. 52, 52 i.]
[? Oct.]460. General Nicholson and the Council of War at Annapolis Royal to the Queen. Your Majesty's Memoriallist having by the blessing of God upon your Majesty's most just arms under our command reduced to your royall obedience the Fort of Port Royall, now Annapolis Royall, the only fortify'd place in all the vast territorys of L'Accadie and Nova Scotia, the dominion of which under the French King's Governour of this Garrison of Annapolis Royall now under your Majesty's obedience reached by this Commission from the River of St. Croy to the Cape Gaspee, which makes the enterence into the great River St. Lawrance or Canada, togather with all Islands whatsoever within the said district, and as such a vast large dominion as is now most happily added to your Majesty's mighty Empire in America cannot but be judged worthy your Majesty's Royall care and that of your Parliament as being a country not only vastly fertile in catle grain and all sorts of fishery but capeable if improved to put the British Empire out of the reverence of any forraigne power for all sorts of Navall stores as well as timber for building of shiping, the climate being much more callculate for the British constitutions then the more southern setlements in the West Indies, we therefore out of a true regard for the honour and grandieur of your Majesty's matchless glorious reign, the intrest and advantage of the British Empyre in generall do with most profound humility offer to your most sacred Majesty our most humble oppinion with regard to the setleing the said country of Nova Scotia. By the Artickles of surrendering the Fort there are no terms given to any person save the inhabitants within cannon shot of the Fort, which besides the garrison do amount to about 500 people men women and children, all the rest are intirely at the discretion of your Majesty's victorious arms, but in regard of the season's being so far advanced, and the vast extent of the country yet to be subdued as well as not having any particular Instructions from your Majesty how to dispose of the inhabitants whither French or Indians, or what terms to give them, we have only setled in the Fort of Annapolis Royall 500 troops consisting of 200 marins, a company of 50 matrosses and 250 volunteers out of the troops of the several Governments concerned in the said expedition under the command of Col. Samuel Vetch conform to your Majesty's Instructions March 18, 170 9/10, whose directions from the Councill of War is to repair fortifications, enlarge the lodgings for the garrison and keep in good subjection the inhabitants under the capitiulation, not to disturb the other setlements nor to allow any of the neighbouring Governments to do so, but to give them no terms untill your Majesty's Royall pleasure be further communicated to him therein, and as it is our most humble opinion that in order to bring the native Indians entirely under your Majesty's subjection as well as to convert them to the protestant religion it will be necessary to transport all the French from the country save such as shall come over to the Protestant religion, so it would be for the advantage of the Crown, the same were don with all possible expedition, and in their places familys sent over from Great Brittain or Ireland if Protestants to cultivate and manure the improved lands as to improve the Fishery and navall stor's manufactury, the fur trade being likewise considerable here and as your Majesty hath been graciously pleased by your royall instructions to Generall Nicholson to give a right both to the soile and trade of the said country when reduced to the Governments concerned, so we doubt not they will soon address your Majesty for setleing the same in such terms as shall be concerted amongst them: And as in the mean time it will be absolutely necessary for the good of your Majesty's service in this country that the coast be protected from the infestation of the French privateers as well as from the depredations or illegall trade of your Majesty's neighbouring Collonys, so it will be impossible the same can be done unless your Majesty will be pleased to give directions to your Commissioners for executing the office of Lord High Admirall to send a frigatt of at least the force of a fifth-rate to attend the said service under the direction of the said Governour wch. will likewise be of great use in protecting the fishery which is very great upon this coast: conforme to a petition to your Majesty the last year, and that your Majesty would be pleased to appoint a Colector and direct this to be the only port untill the country be more peopled: and as it will be absolutely necessary that untill Canada be reduced the garison of this place do allways consist of 500 good troops, so our humble oppinion is that the best way to establish the said Garison will be to form the said number of troops into a regiment of which the Governour to be Collonel or whom your Majesty shall think fitt, and the other officers conform to their severall ranks, of wch. there are enough upon your Majesty's imeadiate pay now in the garrison, and so will cost your Majesty no more expence then it does now. But in case your Majesty shall continue your resolution of reduceing the vast country of Canada to your obedience are actions truly worthy the glory of your reign when the said country is reduced and well garrisoned, then 200 men will be sufficient to garrison the Fort of Annapolis Royall, etc. Signed, Fr. Nicholson, Sam. Vetch, Charles Hobby; G. Martin, Thos. Mathews, Walt. Riddell, Geo. Gordon. 2½ pp. [C.O. 5, 9. No. 75.]