May 7.
New York. |
832. Governor Hunter to the Council of Trade and P1antations. I am honoured with your Lordpps. of Oct. 26 by ye
packet boat that arrived here abt. a fortnight agoe. At ye same time I had a letter from ye Earle of Dartmouth with H.M. directions for patenting of lands. I have such variety of matter to trouble your Lordpps. with all, that I am at a loss where to begin. I shall follow ye order of time. Imediatly upon prorogueing ye Assembly of this place, I went to attend that of the Jersey's where I met with difficulties of a new nature. There, I had a Councill to strugle with, which had well nigh renderd all my
endeavoures for H.M. service there, as fruitless as by ye humoures of ye Assembly have done here. I am ordered by H.M to compose ye differences there, or report their true causes and what opposition I meet with. The former being past all human power
or art, I shall doe ye latter with all ye candor imaginable; it is
needless to goe back soe farr as ye Assemblys Remonstrance in
ye Lord Cornbury's Government, your Lordpps. haveing had
sufficient trouble in that already, but that remonstrance begott
ye Councill's Address commonly soe call'd, which indeed was not
soe, but ye private act of a number of ye Councellors signed by
them at different times and in different Provinces, and by two
of them as they have own'd to me much against their inclinations,
being wise enough to foresee ye consequences thereof. These
Gentlemen, I mean the Addressors, thus link't togeather, in order
to make good ye allegations in that Address, combin'd to take
such measures as should make all publick affaires miscarry in ye
house of Representatives, and that soe avowedly that Mr. Quarry
thought fitt to leave them in most things, and Mr. Mompesson
in some, without which I should never have been able to have
carry'd one thing in Councill as it ought. The first three Acts
which came upp to ye Councill, they rejected upon ye second
reading, and cou'd by no means be prevailed with to committ
them, tho' it was urged that paying soe little respect to these
Bills was but a bad step to a reconciliation soe earnestly recommended to them, and that if there was anything in these Acts
they disliked, they might either amend it in the Committee, or
reject it at ye third reading. These Acts were An Act for acknowledging and recording of deeds, An Act for preventing prosecutions
by informations, an Act for ascertaining ye qualifications of jurors,
etc. The next was an Act for regulateing ye practice of ye law
etc. All that was urged against this Act was that ye laws of
England were sufficient for that matter. The next which came
was an Act for regulateing and appointing ye fees of ye severall
officers and practitioners of ye law. With relation to this Act
I must acquaint yr. Lordpps. that haveing in H.M. instructions
ample directions as to ye manner of appointing and regulateing
fees, and haveing at ye same time your Lordpps.' opinion in
your remarks on ye Lord Cornbury's Answer to ye Assembly's
Remonstrances, that noe fee is lawfull unless it be warranted
by prescription, or erected by ye Legislature, I thought it ye best
expedient to have it waiv'd and lye on ye table, untill such time
as I should receive H.M. Orders or your Lordpps. directions
therein, being pretty well assured that ye Assembly would make
noe great stir about it at that time. The next was an Act for ye
better setting and regulateing ye offices of ye Secretary and Clerk of
ye Supream Court. This was justly rejected because of the impossibility of keeping of ye Records in both places and ye great
expence it would creat upon a very small salary. The next was
an Act for preventing corruption in ye Courts of Justice. This
Act was opposed with great vehemence as implying that there
had been such corruption, and haveing a retrospection, they were
prest much to pay some regard to this Act because of its specious
title, and that ye preamble of ye Act was only declaratory that
all laws for that purpose made in England were in force here, soe
with much adoe wee got it committed, but upon its being reported, there happened such a jumble as I beleive was never
before heard of at such a Board. The Chairman reported that
ye Committee had made severall amendments. These amendments
were their rejecting all ye severall paragraphs, except ye
first. Upon reading each paragraph, the question was put
whether this Board doe agree with ye Committee in rejecting
that paragraph. It past in ye affirmative, soe upon ye third
reading, when ye Clerk was goeing on after haveing read the first
paragraph, hee was stopt and told that that was all as ye Bill was
then amended, hee replyed that it was not, the Councill haveing
receded from the amendments of ye Committee, and had accordingly soe minuted it. This I cold not help mentioning as a
notorious falsifying of ye Minutes of Councill, most of them stood
up in his justification, but being put in mind of their owne arguments for rejecting each paragraph and the mistake imputed to
ye Clerk's misunderstanding ye words Recede from ye amendment for Reject ye paragraph, they acquiessed and the Minutes
were rectifyed: but upon the question if the Bill as amended doe
pass, votes were equall. Upon which I put ye question, if the
Bill be rejected. It past in ye affirmative, Mr. Hall in ye first
question haveing voted that it doe pass, and in the second that
it be rejected. Then came up ye Act for releiveing ye creditors
of persons that are or hereafter shall become bankrupt in Great
Brittain. It is impossible to imagine with what indignation this
Act was treated, by that majority. The mildest termes that it
received were that the very name of it created horrour, that it
was evident ruine to that province, and that H.M. was ill informed when she gave such an Instruction; I told them that
altho' I seldom troubled them with my opinion in passing of Acts
in Councill, but was very willing to be concluded by theirs, but
when H.M. Instructions were called in question, they must
pardon me ye freedome which I conceived to be my duty to use on
such an occasion. I told them that I had thought it needless to
informe them, that these Instructions were not form'd upon ye
private insinuations of any person, but prepared with due deliberation by a Board commissionated for that and other purposes,
read and considered by H.M. in Councill and there approved by
her. That when in conformity to such an Instruction, the
Representatives had prepared and Act and sent it to them for their
concurrence, their rejecting of it as prejudiciall to ye interest of
ye Province, cold not well bear any other construction, then that
H.M. her privy Councill, her Commissioners for Trade and ye
Representative body of ye Province were acting in oposition to
ye true interest of it, or that ye Councill, or rather a certaine
number of them understood that matter better than all of them
togeather, or what I should be very unwilling to beleive, that
some of themselves were personally too nearly concerned in ye
consequences of passing such an Bill. I told them like wise, that
I had observed all along a very commendable caution in them,
that all Acts past here should be very nicely conformable to ye
laws of England, I hop'd there was likewise some regard due to ye
interest of England, which was evidently intended by this Act,
especially when it was noe wayes repugnant to that of this Province. All the effect this had upon them was that ye Bill was
committed. reported without amendment, and rejected. I have
enlarged upon this head that your Lordpps. may be the better
informed of these Gentlemen's inclinations, and their method of
proceeding in Councill, and because as I am informed they have
beene drawing up reasons in their justification, the cheife of
which with relation to this Act will be as I suppose, that it would
shake their titles, many of them holding their lands from such
bankrupts, that commissions of bankrupts may be surreptitiously
obtained in England to their ruine, and that it would freighten
people from setteling in that Province, but they were frequently
told that the house of Representatives meant this Act only as ye
ground work, leaving the superstructure to ye Councill who were
more learned in ye laws, for all these inconvenienceys mentioned
were easily to be remedyed by proper additions and amendments.
The Act to prevent commenceing actions under £10 in ye Supream
Court was rejected after ye same manner. The Act for regulateing
elections and ascertaineing the qualifications of ye Representatives,
tho' founded upon and conformable to an Instruction of H.M.
for this purpose, was rejected because repugnant to an Act past
in Col. Ingoldesby's time. Which Act as they themselves owne
was made on purpose to exclude Dr. Johnston and Capt. Farmer
from being elected, these gentlemen at that time liveing by chance
in ye Province of New York, tho' their estates which are very
valueable lye in ye Jerseys and who have acted very zealously
and strenuously for H.M. service. The next Act that came up
was an Act declareing all ye printed copyes of all the Acts past
in ye Session of March and Aprill 1708 and 1709 to be as effectuall
to all intents and purposes as ye originalls cold or would be were
they duely and regularly in ye Secretaries Office. To let your
Lordpps. into ye meaning of this Act, I must narrate severall
perticulars. About ye begining of that Session, I sent to ye
house of Representatives a message, and with it amongst other
things H.M. letter in favoure of ye Lady Lovelace. The Assembly
observeing from these words of H.M. "that wee not only consent
to their giveing the petitioner the summe they have voted of
£800, but highly approve" etc., that it being mencon'd only as a
vote, she did not know that it was past into a law, and consequently that these laws past in ye Lord Lovelace's time had not
beene sent home for her approbation. They had recourse to ye
Secretaries Office for ye originalls, which were not to be found
there. The former Lt. Governor, Coll. Ingoldesby, when questioned about these Acts. answer'd that hee knew nothing of them,
and that hee beleived ye Lady Lovelace had burnt them amonsgt
other papers of her Lords. Upon this I had ye Secretary
examin'd more perticularly, who said the Lord Lovelace had
carry'd them to New York to have them printed, there being noe
time to take coppyes. The printer being examined, declared
that hee had printed these Acts from the originalls, and that Mr.
Cockerell, the Lord Lovelace's Secretary, who is also dead, had
them from him in order to returne them to ye Secretarie's office
in ye Jerseys. These Acts being thus lost, that due regard might
be paid to H.M. soe just and charitable intentions and desires,
there cold be noe other expedient thought of, but that of this Act,
because, there being an Act past in Col. Ingoldesby's administration giveing £600 to him, of the eight granted by ye former
Act to ye Lord Lovelace, and sent home for H.M. approbation,
and that Act in favoure of ye Lord Lovelace never haveing come
to her royall hands, she was left noe choice, which to approve or
disaprove. The Councill in their Committee added a clause in
these words. "And whereas in the eigth yeare of H.M. reigne
in ye session of ye Generall Assembly for this Province held at ye
towne of Burlington in ye months of December and January 1709,
an Act of Generall Assembly was past, entituled an Act for
explaining and rendring more effectuall, an Act for support of
H.M. Government of Nova Cæsaria or New Jersey, for one
yeare, the originall whereof is lodged in ye Secretaries Office, Be
it therefore enacted by the authority aforesaid, that nothing in
this Act contained shall be construed deemed or taken to ye
prejudice of ye said Act either by avoiding it in ye whole or in
any part thereof, but the same shall remaine in full force and
vertue as if this Act had never beene made."It was urged against
this clause, that seeing this Act as it stood imported noe more
than that ye Acts passed in ye Lord Lovelace's time should be of
ye same force as if they had beene ducly in ye Secretaries Office
unless it cold be imagined that these Acts if they had beene duely
there cold have made voyd or repealed those late ones in whole or
in part, this amendment was to noe purpose and had really noe
meaning. The house of Representatives were apprehensive. that
this was intended by ye Councill as a confirmation of that Act
past in Col. Ingoldesby's time. giveing him ye money granted by
ye former to ye Lord Lovelace, or at least that ye passing of this
clause might be constructed as if they were satisfyed it should be
soe. But the only reasons they gave for not agreeing to it were,
that they would never consent to a clause see foreigne to ye title
and intent of ye Bill. The Councill adhered to their amendment,
and soe ye Bill was lost. I have however ventur'd to send your
Lordpps. these Acts of ye Lord Lovelace's under ye Seale of ye
Province. haveing had them compared with such coppyes as
remained in the hands of the then Clerk of ye Assembly. The
next was an Act for relieving of persons aggreived by an
Act past in the third yeare of H.M. Queene Anne intituled
an Act for settleing ye Militia. It is manifest that many persons
have been agreived under colour of this Act by distresses
to a much greater value than ye fynes which have either never
been sold and remaine in ye hands of ye distreiners or others
officers, or if sold, the overplus not returned to ye owners as by
ye Act directed. However it was committed, reported without
amendments and rejected. The next in order was an Act for
raiseing of money for building and repairing goals and courthouses.
Your Lordpps. well know how earnestly H.M. has recommended
that matter, and everybody here sees ye necessity of such a law,
for want of which many malefactors escape, and ye country is put
to great charges to guard them. The Councill however made
severall amendments to it most of them only changeing ye places
to others judged by them more convenient. The Assembly
agreed to most of them, but disagreed to one, which directed ye
building of a goale in a corner of ye county, in a place little
frequented. The Councill insisted upon it. alleadging that ye
undertakers upon ye creditt of ye former Act had already begun
that work. The Assembly offered to remedy that, by paying
that expence out of ye money raised by this Act, but all to noe
purpose, soe this good Bill was lost. The last was an Act for
preventing ye wast of timber and pine trees, which tho' of noe great
consequence had ye same fate with ye others. Haveing thus run
over ye Acts passed by ye Assembly and rejected by ye Councill,
before I enter on observations of the Acts by them past, I must
begg your Lordpps.' patience whilst I make a few on their conduct. Finding all my efforts towards a reconciliation fruitless,
at ye begining of ye sessions I thought of an expedient to allay
heats and prevent a further rupture. I recommended to ye
cheife amongst them that in order to enter speedily upon the
publick affaires, there should be noe objections be started on
either side to any elections. To which they agreed. Notwithstanding of which the Councill party in ye Assembly, very
unadvisedly. being but an inconsiderable number objected agt.
the elections of two of ye cheife members of ye house, imediatly
upon ye Speaker's communicateing my speech to them, upon
which the other called ye Country party (I am sorry for ye distinction) told me it was hard to tye their hands while ye others
attacked them, soe they expelled two members of ye other party.
one Major Sandford for haveing signed ye Councill's address agt.
ye Assembly, when hee was of that board, as he was at my arrivall
here, but begg'd to be excused that service being guilty of a very
foule crime consenting to, and contriveing ye escape of a felon,
for his money which hee had in his hands to a considerable value,
and who was afterwards apprehended and hanged, confessing at
his death ye whole matter which was but too well knowne before.
This majority in Councill, which I am sorry I have occasion
to mention soe often under that name, haveing boasted all
along that they and their freinds only were for supporting Government, I was surprized to heare, that their few freinds had voted
in ye Assembly in that matter for summes and times differing
from ye rest and one another, which made all their votes of noe
use towards ye passing of the Bill. But what was more notorious
upon ye passing ye Militia Act, the Quakers as their customs is
left ye house that ye Bill might pass without their voteing in it.
But ye Councill party there voteing agt. it, the votes fell to be
equall upon which one of ye Quakers return'd to ye house, ask't
how ye votes stood, and being told they were equall said hee
knew ye meaneing of that very well and voted for it, by which ye
Bill was carryed. Their method of proceeding in relation to Bills,
was at first rejecting them on ye second reading, and at last
when prevailed with to committ them, they either reported them
without amendment and soe rejected them, or clogged them with
such as made it impossible or at least very improbable they
should pass ye other house: as perticularly in ye Bill declareing
all laws past in England agt. corruption in ye Courts of Justice to
be of force in that Province; they added a clause enacting ye
Protestant succession, rights of ye Church etc. This however
they were ashamed of and ye Councill disagreed with their Committee, being told that that amendment was foreigne to ye title
of ye Bill and that it would sound very odly in England that wee
should imagine, that ye protestant succession wanted any further
sanction here. Much time was spent in Councill in cavilling and
wrangling on matters foreigne to those before them, sometime
in indecent reflections on ye memory and conduct of a person of
honour deced., frequently to that degree of heat that I was
obliged much agt. my nature to exert ye authority I am clothed
with to keep them to order and rules. These disputes were
cheifly managed and promoted by Col. Cox, who as I am informed
is goeing for England, I hope hee will, and then your Lordpps.
will better judge how fitt a person he is for a Councill Board. I
protest to your Lordpps. in ye sincerity of my heart that I have
noe ends to pursue but H.M. service, that I have noe personall
dislike of any man, that I have avoided party prejudices, and have
acted by noe passions in any part of my administration. Which
emboldens me to tell your Lordpps. that unless H.M. be pleased
to remove from her Councill in ye Jerseys William Pinhorne,
Daniell Cox, Peter Sonmans, and William Hall, there are noe
hopes of peace and quiet in that Province. Coll. Townley is
since dead, and Huddy a weak man ledd by ye rest. Mr. Mompesson joined with them in most matters being sonn in law to
Mr. Pinhorne, and tack't to them by that fatall address. Coll.
Quarry tho' unwarilly link't to them by ye same claime has
behaved himselfe most worthyly for H.M. interest at this time.
The state of ye question I humbly conceive to be this, Whether
these Gentleman shall be continued in their places, which are
indeed a trouble and expence to them, and for which they can
have noe reall inclination as matters stand but to gratifye their
passions, and by that meanes ye confusion here be perpetuated,
or that they be removed and others put in their room to the
entire satisfaction and perfect settlement of the minds of ye
people in that province, for let who will governe, unless he doe it
by will and pleasure, I'le be bold to affirme he can effect nothing
to purpose, whilst these Gentlemen are in ye Councill, and I can
promise in ye name of ye people, that nothing shall be wanting
hereafter as farr as their ability will goe; which may be judged
necessary for H.M. service, if they are gratifyed in this perticular.
For this purpose I send your Lordpps. a list of ye names of 8
persons for H.M. Councill in ye Jerseys, that out of them your
Lordpps. may choose a number to supply the places of such as
you shall think good to remove. In ye Westerne Division, John
Hambleton, Generall Postmaster, Thomas Byerley, Collector and
Receiver Generall of New York, and a Proprietor of ye Jerseys,
John Reading, Proprietor and Clerk to ye Councill of Proprietors,
John Wheeler, a very honest substantiall inhabitant at Burlington.
In the Easterne Division, David Lyell, a Proprietor. John
Anderson, William Morris, Elisha Parker, wealthy honest men.
Your Lordpps. will also receive with this a bundle containing
representations, petitions, and affidts. agt. these Gentlemen of ye
Councill and ye Secretary for the province, with some of their
answers, which to me appeared trifling and evasive, and if your
Lordpps. take ye touble to read them, I beleive you will be of ye
same opinion. As to ye Secretary, I'le say noe more of him than
this, that if there be any creditt to be given to ye universall
report of mankind, there lives not a more corrupt man upon ye
earth than hee. I received an Address of the Assembly agt. him
(enclosed), of which I gave him a copy. Some time after, I
received an Address from these Gentlemen of ye Councill in his
favoure (v. Minutes of Council). To which I relpyed. Towards
ye close of ye Sessions hee gave mee his answer. There is noe
man thinks himselfe safe in his property whilest he is in his office
for few or none will venture deeds in his hands to be recorded. It
is a place of honour trust and emolument and deserves ye service
of a better man. You have also in ye bundle an abstract of a
long Representation of the Assembly relateing to ye state of ye
Province. It had beene printed without my knowledge, for
which reason I seized in ye printing house all ye copyes, and
suppress'd them. The preamble containeing a series of reflection
of past miscarriages and ye administration of a person of honour
heretofore in ye Government. The Acts passed by me that
Session are as followeth. An Act for support of H.M. Government of New Jersey. Your Lordpps. will observe that ye supply
is given in ye manner it ought to be. But by their resolves the
sallaries of ye respective officers of ye Government are but small,
which I hope to have remedyed next time. An Act for amending
and explaining an Act for ye currency of bills of creditt for £30,000.
The mistakes mentioned in ye preamble of this Act, which
obstructed ye currency of these bills, struck for ye expedition agt.
Canada, are occasioned by ye decease of one of ye persons appointed to signe and issue those bills, the two surviveing persons not
thinking themselves sufficiently authorized to doe it, chose one
of ye managers named in ye Act for that expedition to joyne
with them in signeing ye said bills. When with much difficulty
wee had got this bill committed, which was only intended to
make good the publick creditt, Mr. Sonmans said in ye Committee, that they might enact what they pleased, noe man should
force him to take them in payment. Being taxed with this
expression in Councill, hee answer'd that noe man cold force him
to take silver money in payment, if hee had a mind to forgive the
debt. This inclined the Councill some of them haveing of these
bills in their hands to add a clause declareing ye tender and
refuseall of such bills legall payment of all debts to ye value. The
Assembly disagreed to this amendment. The Councill was told
that if they adhered, ye Assembly would upon a conference agree
being since better informed, but for that very reason they departed from it, which I am afraid will prove a very great hindrance
to ye currency of these bills. An Act for reviveing ye Militia Act.
Your Lordpps. will easily observe the mistake committed in ye
title of ye Act, reviveing an Act which was not to expire till about
a month after, soe there was an amendment offered in Councill
to ye title. These Gentlemen said it was irregular to amend ye
title of an Act. It was replyed it might be soe, but they did not
alwayes think soe, for that but a few dayes before they had made
an amendment to ye title of an Act which was agreed to by ye
Assembly, but they cold not be perswaded to doe it, soe I was
forced to take it with this blunder or loose it. An Act for reviveing and continueing ye Courts of Comon Pleas in ye County
of Glocester. This is an Act of course which your Lordpps. have
had frequently before, that Court being often discontinued for
want of Justices. An Act for enableing ye owners of ye meadows
and marshes adjoyneing to and on both sides of ye creek that surrounds ye Island of Burlington to stop out ye tide from overflowing
them. This is an Act for ye benefitt of ye owners and to noe
man's prejudice. I am commanded by your Lordpps. in your
last to me, to send you my observations on ye Acts past in Jersey,
dureing Col. Ingoldesby's administration. The first is an Act
for explaining and rendring more effectuall an Act for support of
H.M. Government. This Act instead of explaineing ye other, or
makeing it more effectuall, indeed destroys it, for it gives £600
of ye eight granted by ye former Act to ye Lord Lovelace to ye
Lt. Governor Col. Ingoldsby, who was already provided with a
salary by that Act. In ye former Act ye money is directed to be
issued by warrant signed by John Lord Lovelace in Councill,
where it is indeed defective, had they explained it by adding ye
words, or ye Commander in Cheife for the time being, the title and
Act had been of a peece, for this was most certainly the meaning
of that Act, whatsoever ye latter may import, and should H.M.
approve ye former, as I am apt to beleive she will, and disapprove
ye latter, there appeares to be a necessity still for an explanatory
Act for the reasons above-mentioned, tho' I am afraid to little
purpose for ye behoofe of that Lord's familly, Col. Ingoldsby not
being able to repay what hee has had, and I beleive others have
had their share of that summe, being led to that beleife by a
story which I must entertaine your Lordps. withall, and which
I had from some of ye gentlemen concerned. Whilest that Act
of Col. Ingoldesby's was in deliberation before ye Councill, they
thought that since such a summe was given to him for support of
Government, they had a just title to a share of it, soe before they
would agree to pass the Act, they were promissed each a peece of
plate. In this last Session whilest the Councill had under consideration the Bill declareing the printed copyes of ye Acts passed
in ye Lord Lovelace's time of ye same validity as if ye originalls
had beene duely in ye Secretary's office, these Gentlemen thought
it a proper season to put Col. Ingoldesby in mind of their tankerds,
hee at first huffed and call'd names, soe that at that time the Bill
had liked to have pas't, but afterwards they came to a better
understanding, and our Bill was lost. In a word my opinion is
that the passing of this Act will not only be an encouragement and
precedent for appropriation for the future, but lead them into a
way of shifting and altering their owne appropriations at pleasure.
The second is an Act for ascertaining the place of the sitting of ye
Representatives, etc. This Act is possitively against H.M. Instructions
directing that ye Sessions should be alternatly at
Amboy and Burlington founded as I have beene told upon ye
concessions of ye Crowne at ye surrender of the Government. I
have formerly given your Lordpps. my opinion in this matter,
and acquainted you with the expedient I had found to compromise it, but if there be a necessity of another Assembly before
I receive any directions from your Lordpps. in that matter, I
beleive I shall call them to Amboy. This Act as I conceive being
of an extraordinary nature and contrary to H.M. Instructions and
consequently of noe force untill approved on by her, and may goe a
great way in makeing ye breach wider betweene the two divisions.
The third is an Act for building and repairing goale houses.
This Act gives a power to a few to assest and leavy money at
discretion. There is indeed a clause which makes them accountable to ye justices and freeholders when called thereunto, but
noe penalty appointed. By vertue of this Act they have
designed a Court house in ye remotest corner of the county of
Monmouth, which will be a great tax upon ye people of that
county and was meere party pique. The fourth is an Act for the
better qualifying Representatives. This was levill'd perticularly
agt. Capt. Farmer and Dr. Johnston, men of ye best estates and
ability in ye Province, and who have beene very active and usefull in H.M. affaires, and may deprive us of more such, and is
contrary to that constitution of Assembly appointed by H.M.
upon ye surrender and confirmed by all her subsequent Instructions, obligeing ye elected to an actuall residence, whereas ye
Instruction mentions noe other qualification but an estate to a
certaine value within ye division. The fifth is an Act for dividing
and ascertaineing the boundaries of all the countyes. The inhabitants generally complaine ye countyes are not equally and justly
divided, perticularly ye inhabitants of Middlesex are obliged to
travill 20 miles through the County of Somersett to repaire ye
highwayes which ought properly to be ye charges of ye countys
of Somersett and Monmouth, that part of ye county of Middlesex
being a narrow slip of land betweene ye boundaries of those two
countyes and all publick roads are repaired with greater ease and
less charge by ye neighborhood. The sixth is an Act for ascertaineing the Representatives fees. In this Act by mistake or designe of
ye Clerk the words per diem are omitted, soe that they were
entituled to noe more than 5s. in ye whole for their service, but
that being remedyed in ye present Act for support of Government,
that Act is of noe use. The seaventh is an Act for regulateing
fences. I have heard ye men of estates and such as are possessed
of large tracts of land complaine much of this Act, as putting
them upon a levill with those who had little or none at all, nay
rather in a worse condition, because haveing large tracts of land,
they have greater numbers of cattle, but cannot reap the benefitt
of their owne pastures, their neighboures cattle haveing graised
them before, and by this Act they can impound noe cattle but
such as break into their fences. Whereas in many other cases
there is a necessity of impounding those that trespass upon their
other lands. The eighth is an Act for amending the Act for preventing
swine runing at large. The Act mentioned to be amended
was thought a very good Act for ye country, for swine runing at
large is very pernicious to their corne, pasture, meadows and wood
land, and occasions a great consumption of timber in makeing
fences to guard agt. them, soe that noe penalty can be too great
for restraineing them, neither will ye value of ye swine pay ye
damages those creatures commonly doe, of which itselfe they are
debarr'd by this Act, and have noe recompence left but the
pleasure of killing of them with ye trouble and charge of finding
out ye owner, who perhaps lives at ten or a dozen miles distance.
The ninth is an Act for regulateing of stone horses or stallions that
run at large. Some complaine of it, but I can see noe harme in itt.
The tenth is an Act for reviveing and continueing ye Courts of
Common Pleas in ye County of Glocester. Your Lordpps. have
already heard ye meaneing of that Act. These are ye objections
agt. these Acts which occurr to me. Your Lordpps. are ye best
judges if they are of validity enough for a repeale. Before I
leave ye affaires of ye Jerseys, I must acquaint your Lordpps.
with some few things necessary for your notice. As the Supream
Court is now constituted, all ye Councill are Judges Assistants by
which meanes the benifitt of appeals may be lost, for it may soe
fall out, that soe many of the Councellors may be upon the Bench
as not to leave a Quorum for ye Councill in case of appeale, seeing
none that have any voice in ye judgement by the Instructions are
permitted to vote in the appeale. I thought it necessary to
acquaint your Lordpps. with this matter beforehand, because I
beleive I shall be under a necessity to alter ye constitution of
that Court, by ascertaining ye number of ye Assistants. In
both Provinces I have beene pelted with petitions for a Court of
Chancery, and I have beene made acquainted with some cases
which very much require such a Court, there being noe releife
at Comon Law, perticularly one of Mr. Provoost one of ye
Councill of New York who has beene close prisoner almost ever
since my arrivall here, haveing unwarily confessed judgement for
£4000, tho' the reall debt is evidently not above £400. I had
ordered the Committees of both Councills to forme a scheme for
such a Court, but to noe purpose. The trust of ye Seales they say
constitute a Chancellor, and unless the Governor can part with ye
seales there can be noe Chancellor but himself. I have already
more buissness than I can attend, besides I am very ignorant in
law matters, haveing never in my life been concerned in any one
suite, soe I earnestly begg your Lordpps.' directions as to that
Court. Mr. Mompesson finding himself obnoxious to the generality of ye people of that Province desired to be excused serveing
longer in the station of Cheife Justice, soe I have supply'd that
place by one Mr. David Jamison, who acted formerly here as
Secretary in this Province with great applause and is a man of
knowledge and integrity. |
|
Your Lordpps. will have the trouble of a shorter but sadder
account of ye affaires of New York, being detained in the Jerseys
much longer than I expected, I was obliged to prorogue the
Assembly of New York, which should have met March 1st., to
Aprill 3rd. Finding ye Members came but slowly to towne, I
further prorogued them from day to day, till such time as the
Speaker acquainted me they were a house, then they adjourned
themselves waiteing for their absent members. When I was
informed that there were 14 of ye 22 assembled, I sent for them
and spoke to them as in ye Minutes of Councill. Some time after
that, the Secretary by order of their House laid ye record of my
Patent before them, and some time after they sent me a message
by two of their members desireing I would communicate to them
such Instructions as I had relateing to my doeing acts of Government whilst out of ye Province. I sent them your Lordpps.'
opinion, (letter of Dec. 23, 1709 quoted q.v.) I sent them likewise
the Instruction by which the President is intituled to halfe of the
salary and perquissites only when I am absent from both Provinces. The Speaker told me the House was of opinion that they
were disolved by prorogueing them whilst I was in ye Jerseys.
Besides what is contained in this letter of your Lordpps. I represented to them the unreasonableness of insisting upon it now,
seeing it was an opinion started at first by ye people of Jersey,
who had willingly acquiessed in yr. Lordpps.' decision and that
they themselves had formerly met without scruple upon such
prorogations, and besides that in my opinion they had now put
it out of question, haveing for a fortnight togeather acted as a
house, adjourned themselves by their Speaker, sent severall
messages by their members, attended me in Councill as a house,
and he, as Speaker there received from me what I had said to them.
That this procedure cold be look't upon noe otherwise than their
assumeing a power of dissolveing themselves at their pleasure.
Sometime after, the Speaker came to me, to lett me know that
they had resolved by a great majority to goe home about their
buissness and advised me to dissolve them. I told him I would
advise with ye Councill and hee should heare further from me
next morneing. The Councill were of opinion, that it was more
expedient to dissolve them, than to sufferr them to dissolve
themselves, soe I sent for them and haveing spoke to them as in
ye Minutes of Councill. I dissolv'd them. Now, my Lords, what
course to take in such a juncture, I know not. The officers of ye
Government are starveing, the forts on ye fronteers in ruine, the
French and French Indians threatening us every day, noe publick
money nor creditt for five pounds on ye publick account, and all
the necessary expence of the Government supply'd by my proper
creditt, perticularly fire and candle and repaires for all the
garisons, and noe hopes that I can think of for any remedy here,
for, as to ye calling of a new Assembly, I shall either have all the
same Members, or such others who will returne with greater fury.
The resolutions of putting themselves on the same foot with ye
Charter Governments being too generall to be allay'd by any
measures that can be taken on this side, I wo'd faine hope that
the next pacquett will bring us some releife in H.M. resolutions
with relation to this Government, for without that you must
expect to hear of nothing but confusion, I must repeat my
instances for your Lordpps.' intercession with H.M., that my
salary and the expence of fireing and candle etc. for ye garrisons,
which has cost this last yeare above £400 may be paid out of the
summes in the Collector's hands here arriseing by vertue of Acts
of Parliament, for my creditt is run as low almost as that of the
publick. I enclose the Acts past the close of ye former Sessions.
The first is an Act to prevent ye burning of woods. Which signifyes
but little in itselfe, but was all wee cold bring them to. The Act
of Parliament is of more effect for restraining that abuse. The
second is an Act for repairing the block-houses, platformes and other
the fortifications of the City of Albany and towne of Schinectady.
This Act was promoted at ye desire of ye inhabitants of Albany
and Schenectady, who lye nearer ye dainger, and soe are more
sensible of it. The third is an Act to collect ye arreares of taxes.
Which wants noe remarke. The fourth is an Act to enable ye
precincts of Islip in ye County of Suffolk to elect two assessors a
Collector. Constable and Supervisor. This is an Act meerly in
favour of the Speaker of the House. I know not whether your
Lordps. will approve my good nature in passing it after ye treatment I had met with. The fifth is an Act to retrench the growing
interest of bills of creditt. The bills of creditt issued by vertue of
the Acts of Assembly mentioned in this Act carrying a considerable interest induc't those who reced. them to keep them upp,
whereby ye intent of ye Assembly was frustrated, soe that this
Act was past to prevent any further increase of interest. Your
Lordpps. will observe in ye close of this Act a clause very foreigne
to ye title and intent of the Bill, but they meant it as an amends
for the abuse put upon the Governor and Councill in their
other bills, where they made ye Treasurer only accountable to
themselves, which Acts however did not pass because they would
not admitt of that amendment. Mr. Mompession, the Cheife
Justice of this place is in such necessitous circumstances, that it
wants a vertue more than human to guard him against ye temptation of corruption, for which reason I must intreat your Lordpps.
to recommend him to H.M. favoure for ye sallary formerly paid
in England to the Cheife Justice here, hee is a person of abillity and
great knowledge in the Laws. What I have to add your Lordpps.
will read with more satisfaction. I have now settled all the Palatines on both sides Hudsons River, oposite to one another, on
good lands adjacent to ye pine land. I gave your Lordpps. in
my last an account of the purchase of 4000 acres of land for H.M.,
her heires and successors for that purpose from Mr. Levingston
for £266 13s. 4d. sterling. The small tract on ye east side in ye
Queen's gift, being not sufficient for settleing ye remainder, I
have taken for that purpose an adjacent tract belonging to Mr.
Thomas Fullerton, who is now concerned in H.M. Customes in
Scotland. who has by his letter of Attorney given me power to
dispose of the same, which tract containes about 800 acres of very
good land, which will cost more in proportion than the lands
purchased of Mr. Levingston, hee reckoning ye neighborhood of
that people more than halfe ye price, Mr. Fullerton reapeing noe
benefitt from that scittuation. If I find them streightened in
ground I shall endeavour to find more in the neighborhood at
easy rates, for I find the extent of ground a great encouragement
to ye people. I have met with great opposition from many of the
ill-disposed inhabitants, who dayly insinuated that there were
better lands for them on ye fronteers, and that they were ill used
in being planted there, being informed from all hands that these
suggestions had beene of force enough to make ye people idle and
backward and something worse, at my returne from ye Jerseys
I visited them againe, haveing remained some dayes amongst
them, to appearance convinced them of the ill intentions of those
that had misled them, that they cold not follow the work destin'd
for, there being noe pine on these lands on ye fronteers which they
had a mind to, besides they must lay their account of labouring
there as the Israelites did of old with a sword in one hand and the
axe in the other. Haveing by these meanes to my thinking
quieted them. I left them, but was overtaken a few miles off by an
express which acquainted me that they had beene in a mutinous
manner with their officers declareing they would not settle these
lands, but would have others. Upon which I return'd and
ordered them to send deputies from each village next morning
with their demands, but they then came in a body, and when I
found I cold prevaile little with reasoning and was thinking of
some more effectuall method to keep them to their duty, I ordered
the contract which they had all signed to be read to them in high
Dutch, and asked them whether they were resolved to keep to ye
termes thereof or noe, that I might take my measures accordingly.
After some small deliberation they returned me for answer that
they were resolved to keep their contract, and would for ye future
be directed intirely by me, soe wee parted good friends. Soone
after that I had advice from their officers of ye wonderfull change
of ye people's inclinations and conduct (v. enclosures). The season
draws neare when they are to be imployed in ye prepareing the
trees. I have wrote for Mr. Bridgier who has been in New
England ever since ye last Fall, but was unwilling to trust this
matter entirely to him, not being througly convinc'd of his
abillity by accounts I have since had from New England, and very
little of his good will by his last letters, which denote a greater
attention to his private profitt than the publick service soe I
have provided another here, by name Sackett, who hath lived
three yeares in ye Easterne countries among the manufacturers of
tarr and gives a very rationall account of the method of prepareing the trees. I have also wrote to Connecticut for two more
who as I am informed understands that matter very well. I
informed your Lordpps. formerly how I was dissapointed in my
hopes of naturalizeing that people here by an Act of Assembly.
I then thought I might have remedyed that by granting letters
of denization. But finding since by ye Minutes of Councill a
letter from your Lordpps. to ye Earle of Bellamont Feb. 16, 1699/1700
(q.v.), prohibitting him to grant letters of denization etc., I am
likewise deprived of that meanes, and must relye on such orders
as H.M. shall be pleased to send for that purpose. I hope your
Lordpps. have by this time dispatch't Mr. Du Prey back to me
for untill he comes I shall be at a loss to finish ye accounts for the
time past. I shall in ye meane time draw upon ye Lords of ye
Treasury for such a summe as is absolutely necessary for their
current subsistance. The money first paid being long since
expended, and noe returnes of ye bills I drew on their Lordpps.
last fall, I have been obliged to make use of all the creditt I cold
possibly gett for their subsistance hitherto. I must entreate yr.
Lordpps. recommendation of a ready complyance with these
Bills, upon which the success of the whole depends. I ought to
ask pardon for soe long a letter, etc. Signed, Ro. Hunter. Endorsed, Recd. Read June 15, 1711. 36 pp. Enclosed, |
|
832. iii. Governor Hunter to the Commissioners of Customs,
New York, May 7, 1711. In Sept. last the captains of
two privateers brought in hither a large ship loaden with
cacoa upon my promise that no injury or hardship
should be offered them; the collector agreed to the
unloading the vessell after condemnation putting the
effects into safe store-houses under lock and key in his
possession for securing the Queen's dutys, condescending
to let them sell from time to time what they could paying
the dutys as they sold. The price run very low, upon a
supposition they must be under a necessity of paying the
dutys forthwith, and to extricate themselves so soon as
possible from the prejudice this notion did them, they
agreed to sell Mr. De Lancey £6000 worth. Whilstthis bargain was making Mr. Birchfield, Surveyor
Generall of the Customs here, for his private lucre tryed
to prevaile on Mr. De Lancey to sell him the most he
would give, saying he would make the bargain for him,
and what he could get it for less should be to his own
own advantage. But he refused, and bought it himself.
The dutys by this means being secured, the price of
cocoa increased, which Mr. Birchfield perceiving, and
foreseeing a great rise of it, agreed without the Captains'
knowledge with their factor for £1000 or £1500 worth of
cocoa at the same price that Mr. De Lancey had it,
which when the Captains came to understand, they were
very much dissatisfyed, not being willing to purchase at
their loss the Surveyor's furture favour to their factors,
but upon some intreatys, and an apprehension of his
power, and in consideration the whole summe was to be
accounted for dutys, they consented. But the searcher
and Custom-house waiter, who were to receive it for Mr.
Birchfield, insisting to take it some in one place and
some in another, as they pleased, the Captains would by
no means agree to it, whereupon Mr. Birchfield arrested
the factors in an action of £3000, and when the privateers
came afterwards to demand a survey for such part as
was not before survey'd, Mr. Davis the Searcher, (in the
absence of the Surveyor who was then at Boston) refused it upon any other conditions then their consenting
to let Mr. Birchfield have the cocoa on the termes
aforementioned. They refusing and insisting on a
survey as a matter of right, were forc't to send into the
country for the Comptroller. How far they were intituled
to a survey I can't tell, I beleive they had but little right
to ask it. But if they would have complyed with Mr.
Birchfield's demands they might have had it. I cannot
sufficiently express to you the resentments of the trading
men as well as these privateer captains of this treatment,
etc. The next thing I shall take notice of to you is this.
In 1709 the Assembly past an Act for regulating the fees
of all officers, which H.M. thought fit to reject, and to
give me Her commands to establish them with the advice
of the Council, which I have done; some of the Customhouse officers whilst this ordinance was preparing
thought themselves aggrieved and petitioned me in
Council for redress, but the Council being of opinion
that the fees before taken were exorbitant, and having
observed their home trade much discouraged thought
it for H.M. interest to pass it in the manner it now is.
Some time after, I went to meet the Assembly of New
Jersey, where I received a letter from Mr. Birchfield to
which I returned him an answer (Nos. iv. v. infra). So
soon as I came back, I gave coppys of both letters and
the ordnance to Mr. Jamison, H.M. Chief Justice of New
Jersey, who is not of the Council here, and had no hand
in the ordnance for his thoughts upon the whole (No. vi.
infra). I am sensible the fees of all the officers are reduced
too low, but the Council not being of that opinion, I was
forc't to pass it in this manner or to leave the officers
without a legal authority to demand any, and thereby
not obey the Queen's commands. But you will see by
this opinion of Mr. Jamison's how little weight Mr.
Birchfield's objections have, which if they had any, I
gave them full force by my answer to his letter (q.v.)
This method of one entry for the inland trade is agreable
to the former practice of this port. Another thing I
shall take notice of to you is Mr. Birchfield's suspending
Mr. Farmer from his Collector's office at Amboy in New
Jersey, the sole reason seems to be his non-residency, and
the delay vessells were put to by that means; this is in
some measure true, that Capt. Farmer did not live for
some time at Amboy, but at the time of his suspension
and for some months before, he lived there with his
family, and if it's allowable to a Collector to live out of
his port, Mr. Farmer had the best reason to expect it of
any man, for his house on Staten Island is directly
opposite to Amboy. But to take away all occasion of
complaint he appointed a deputy at Amboy, etc. The
truth I take to be thus. Mr. Birchfield having promised
this office to Mr. Swift even before he had seen Mr.
Farmer or been at Amboy was resolved to make room
for him on any pretence, etc. Mr. Swift is a tavernkeeper in New York, and very seldome leaves it to
attend his duty at Amboy. He is blackened with the
violent presumption of crimes not fit to be mentioned.
The good service Mr. Farmer has done H.M. in the
Assembly of Jersey, being the principall instrument in
setling a support for the Government and promoting
her interest in whatever else came before their house,
deserves some notice. The use Mr. Birchfield has made
of his office has had very pernicious effects, merchants
by his behaviour and passionate desire of gain are
discouraged, officers whom he tells he ought to go equal
shares with in the perquisits of their places are made very
uneasy, etc. I wish he would take example by Col.
Quary. Signed, Ro. Hunter. Endorsed, Recd. June
15, 1711. Copy. 5 pp. |
