America and West Indies
May 1715, 16-30

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Institute of Historical Research

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Cecil Headlam (editor)

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1928

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182-198

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'America and West Indies: May 1715, 16-30', Calendar of State Papers Colonial, America and West Indies, Volume 28: 1714-1715 (1928), pp. 182-198. URL: http://www.british-history.ac.uk/report.aspx?compid=73962 Date accessed: 21 August 2014.


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Contents

May 1715, 16-30

May 16.417. Mr. Popple to Nicholas Lechmere, Sollicitor General. Encloses Act of Bermuda, 1713, to vest certain lands in Smith's Tribe in Trustees to be sold for payment of the debts of Richard Jennings etc., for his opinion thereupon in point of law. [C.O. 38, 7. p. 221.]
May 16.
London.
418. James Caulfeild to the Council of Trade and Plantations. Encloses following, etc. Signed, James Caulfeild. Endorsed, Recd. Read 16th May, 1715. 1 p. Enclosed,
418. i. Extract of letter from Lt. Governor Caulfeild, to his brother, James. Annapolis Royal, 28th Jan., 1715. Recommends Mr. Shirreff, his late Clerk, who has his accounts etc. Genl. Nicholson's behaviour to me has been extreamly barbarous. It is now near four years since I came to this part of the world, and never as yett recd. one farthing, either as Lt. Govr. or Capt. I have been att prodigious expences for contingencies, etc. (v. May 12–14). Genl. Nicholson refused to pass my accts, tho' he assured me he belived I had laid out for the service every penny of these charges, and when he arrived att Boston freightned Mr. Francklyn so much wth. the non payment of my bills and accots. that he very abruptly forsooke me, etc. Signed, Tho. Caulfeild. 2¼ pp. [C.O. 217, 1. Nos. 115, 115 i.]
May 16.
Whitehall.
419. Mr. Secretary Stanhope to Governor Lord A. Hamilton. H.M. directions, May 13th, were dispatched from this office in great haste on Saturday last for fear of loosing the oppertunity of the conveyance, so that I had not time to write myself, neither had I indeed anything to add to those directions which I doubt not but you will pursue with that zeal and application for H.M. Service as is answerable to the trust H.M. reposes in you. Encloses "paper from H.M. cheif Gardener, and by H.M. order recomend to your Lordship to give directions for employing some persons as is desired in it both for the finding of these seeds and plants etc., if within that Island, and for transporting them thither when found." Signed, James Stanhope. Annexed,
419. i. List of trees and plants to be collected and packt for H.M. service in order to be sent to England from the Colonies and Islands in America. Larks Heel Tree, Honey suckles of ye sevll. sorts, woodbine, ajonis or white cedar, pitch pine, yellow pine, white pine, almond pine, cedars of sevll. sorts, holly, bay tree, lawrel tree, mirtle, ever-green oak, gallberry tree, pivet, yaupon, oaks of sevll. species, ash, elme, (a) tulip tree of the sevll. sorts, beech, hornbeam, sassafras, sarsaparilla, dogwood, scarlet trumpet tree, the maycock, ciprees not an evergreen, locust, honey tree locust, sower tree, pines of ye sevll. species, white and black walnut, maple, chinhapins, hiccory of ye several species, birch, willow, sycamore, aspin, pellitory tree, arrow wood, chestnut, oak vine, prickly ash, bamboo, palmeto, persamines, piamento, sugar tree, papau tree, service, winter currant, april currant. All other trees, shrubs, plants or flowers whatsoever not herein named, that are curious and beautiful or usefull in any respect, etc.
419. ii. Directions for collecting and preserving plants and seed. [C.O. 5, 190. pp. 269–271.]
May 16.420. Lord Guildford to the Council of Trade and Plantations. Offers Charles Low as security in place of Col. Blackiston (v. May 5th), who is going in the country, etc. Signed, Guildford. Endorsed, Recd. 16th, Read 17th May, 1715. Addressed. 1 p. [C.O. 5, 717. No. 68; and 5, 727. p. 449.]
May 17.
Whitehall.
421. Mr. Popple to Mr. Lowndes. Encloses following, for security to be taken at the Exchequer, for Governor Hart, etc. Annexed,
421. i. Draught of bond for securities for Governor Hart in £2,000. [C.O. 5, 727. pp. 450–454.]
May 18.422. Sampson Sheafe to the Council of Trade and Plantations. According to your Lordships' directions, I have calculated, that there may be at present imported yearly (from New England) 30,000 deale boards, or 3,000,000 ft. of boards besides plank and timber and besides what may be agreed for by ye Navie board, etc. If encouraged by ye duty being taken off, I am of opinion that New England is capable to afford a full supply. The first cost of boards in New England of 1¼ in. thick according to the present sale there will be about 50s. pr. hundred deales or 1,000 ft., the freight from thence £4 pr. 100 deales in time of peace. The price here given is usually from £6 to £7, etc., etc. Signed, Sampson Sheafe. Endorsed, Recd. Read 19th May, 1715. 1 p. [C.O. 5, 866. No. 36; and 5, 914. pp. 24–26.]
May 18.
Whitehall
423. Council of Trade and Plantations to Mr. Secretary Stanhope. Having had under consideration the state of ye Garrison at Annapolis Royal, we have examined Col. Vetch and Col. Nicholson, and several others who have been in those parts; upon which according to Col. Nicholson's information, we find that care hath been taken to send provisions to Annapolis for the subsistence of that garrison, only till about the end of June, or middle of July next; that as yet that Garrison hath been subsisted by provisions sent from Boston, which method we humbly conceive proper to be continued, and contracts to be made here for their more regular supply. But Col. Vetch informs us, that a memorial was signed by all the officers, in which they represented the impossibility of their subsisting for the future, without an allowance of provisions besides their pay. Most of the inhabitants of Nova Scotia are so far from being in a condition to assist the Garrison in winter with subsistence, that in a great measure they depend themselves on the Garrison, which inconvenience will be augmented, in case the French inhabitants should be retir'd with their cattle and effects to Cape Breton etc. These difficultys however we hope may for the future be obviated, in time of peace, by the punctual compliance of such persons, as shall contract to supply the said Garrison as before propos'd, till that Colony of Nova Scotia shall be so far improv'd as that ye Garrison may be able to support itself. But whereas the said soldiers are now in debt, on account of victualling, over and above what their establishment will bear, besides the anticipation for clothing, as hereafter mention'd; we are humbly of opinion, it would be for H.M. service, that the said Garrison have some further supply of provisions for the present. As to the cloathing of the Garrison, we find they are at present in great want, althô their off reckonings stand engag'd till 1717 for two parcels of cloathing, altogether unfit for that cold climate, being very slight and without lining, and damaged, which they were forc'd to take, notwithstanding the soldiers complaints thereof to Col. Nicholson, after the delivery of the first parcel, and before the distribution of the second. The better to apprise you of the hardships the said Garrison has undergon, with respect to the said clothing in particular, we lay before you the informations we have had. Quote from May 12–14 etc. In all which proceedings, there seems to have been so little regard, either to the good of the service, or the conservation of the troops in that cold country; that we submit how far it may be fit to have this whole matter examin'd into, by the proper officers, and a true state thereof laid before H.M., since there are several bills of exchange unsatisfy'd on account of the said Garrisons; and that the soldiers' off-reckonings are pawn'd till 1717, by which means they must suffer very considerably, if not remedy'd. Besides the foremention'd hardships, the Garrison is without bedding, and other conveniences, which the officers desire may be allow'd, as in the barracks in Great Britain and Ireland; and as their arms are represented to be in a bad condition, we think it may be necessary, that matter be also examin'd into by the proper officers. [C.O. 218, 1. pp. 216–222.]
May 19.424. Archibald Cumings to the Council of Trade and Plantations. Reports what boards and planks will answer best to be imported from America. Continues:—The most effectuall method for incouraging the importation of such stores from N. England is to take off the duty on all boards and timber from thence and to allow them 20s. per tunn for every ship so importing, as is done to all ships importing masts etc. The prices of boards and planks is very uncertain, but if the Government allow the above bounty, doubt not butt they can be imported from N. England as cheap as from the East Country etc. Signed, Archd. Cumings. Endorsed, Recd. Read 19th May, 1715. 1 p. [C.O. 5, 866. No. 35; and 5, 914. pp. 22–24.]
May 19.
Whitehall.
425. Council of Trade and Plantations to Mr. Secretary Stanhope. In Reply to May 15, refer to representation of March 15, upon Nova Scotia, etc. Continue:—When H.M. shall think fit to declare his pleasure upon our said Representation, we shall then be better able to judge of the convenience or inconvenience of uniteing Nova Scotia to the Government of the Massachusets Bay. [C.O. 5, 914. pp. 26, 27.]
May 19.
Whitehall.
426. Same to Same. Since our letter to you of yesterday's date, relating to the garrison in Nova Scotia, we have received and enclose copy of following to be laid before H.M. with our forementioned letter of yesterday. Autograph signatures. 1 p. Enclosed,
426. i. Copy of Alexander Strahan's Memorial, following. [C.O. 5, 1085. Nos. 17, 17 i.; and (without enclosure) 5, 1123. p. 273; and 5, 1079. No. 85.]
May 19.427. Alexander Strahan, Agent for Governor Hunter, to the Council of Trade and Plantations. Prays for the Governor's release from the clothing which General Nicholson has obliged him to take for the Four Independant Companies, etc. Signed, Alexr. Strahan. Endorsed, Recd. Read 19th May, 1715. 1½ pp. [C.O. 5, 1050. No. 80; and 5, 1123. pp. 271, 272.]
May 20.
St. James's.
428. H.M. Warrant granting William Congreve, Secretary of Jamaica, leave to reside in England. Countersigned, James Stanhope. Copy. [C.O. 5, 190. p. 272.]
May 20.
St. James's.
429. H.M. Warrant for restoring Catherine Fraiser, a French Protestant, to her plantation in St. Kitts. Countersigned, James Stanhope. Copy. [C.O. 5, 190. pp. 273, 274.]
May 20.
St. James's.
430. H.M. Warrant for restoring Aletta de la Cousay to her plantation in St. Kitts. Countersigned, James Stanhope. Copy. [C.O. 5, 190. pp. 274, 275.]
May 20.
St. James's.
431. H.M. Warrant for restoring Paul Minvielle de Bonnemere to Bonnemere's Plantation in St. Kitts. Countersigned, James Stanhope. Copy. [C.O. 5, 190. pp. 275, 276.]
May 20.
St. James's.
432. H.M. Warrant for restoring Mary and Margaret de Nampon to their plantation in St. Kitts. Copy. [C.O. 5, 190. pp. 277, 278.]
May 20.
St. James's.
433. H.M. Warrant appointing James Woodhouse, Clerk of the Crown and Clerk of the Peace in Jamaica in the room of Henry Nedham decd. Copy. [C.O. 5, 190. p. 279.]
May 20.
Barbadoes.
434. Governor Lowther to the Council of Trade and Plantations. I arrived here on the 11th instant being but 26 dayes in my passage from the Lands-end. On the 12th I took possession of the Government: on the same day Mr. Sharp departed the Island in a sloop he had hired some months before for that purpose; it's conjectur'd that he's gone either to Antego or Martinique. This place hath extreamly suffer'd of late by a contagious distemper that hath raged for some time among cattle, sheep and horses; it was so very mortal that very few of them lived above four or five hours after they were seized with it, and so very pestiferous that the negroes and dogs that did eat of the cattle or sheep that died of the distemper immediately swell'd to a prodigious degree and seldome survived it above six hours: the country is not yet quit of the disease, and besides this calamity, it labours under a severe drought, and a great scarcity of corne, and all ground-provisions. I shall as soon as possible lay before your Lordshipes everything relating to this Government which is injoyn'd me by my Instructions. Signed, Rob. Lowther. Endorsed, Recd. 27th, Read 28th July, 1715. Holograph. 2 pp. [C.O. 28, 14. No. 44; and 29, 13. pp. 315, 316.]
May 21.
New York.
435. Governor Hunter to the Council of Trade and Plantations. I have had the honour of your Lordships' of 19th Aug., 1714, by the last post from Boston, the Solebay which brought it being but lately arrived there. I have given the necessary orders with relation to the illegal trade with the French Plantations and shall take care as much as in me lyes that the Articles of the Treaty mentioned in the letter be punctually observed. Your Lordships' Secretary having transmitted to me a copy of a Memorial signed by the Earl of Clarendon against the approbation of the Bill for payment of the publick debts, etc., I thought it necessary to lay it before the General Assembly here. Refers to enclosures, which we humbly conceive takes away all colour or pretence of objections to it. I must repeat here what I have affirmed [in my Speech v. infra] that of all men, that noble Lord ought to have been most silent in this case, for to the misapplications during his administration; in the whole course of which there was an ample Revenue settled and paid, it is that we owe a great share of these publick debts, and to that it is that we owe that there never will be another Revenue settled here by Act of Assembly, and that H.M. servts. must continue beggars on this side until He shall think fit in his Princely wisdom to send them relief from home. As for my share in the claim, besides the arrears of my bare salary, firing and candle for the several Garisons, repairs of the Forts and Magazines, all proved before the Commrs. appointed for that purpose and before their Committees, there is one article of £200 of his Lordship's warrants which is all I have for that sum paid by me to Capt. Paston who had advanced it to his Lordship at my desire and on my promise of payment upon his Lordship's leaving this place, and without which he then affirmed he could not stir from hence. Refers to enclosure acknowledging the obligation, of which how he has acquitted himself your Lordps. best know. How tender I was on all occasions of his reputation those who have heretofore sat at that Board can bear me witness. When the Assembly in the Jersey's made a Representation of the state of that Province which I was obliged to transmit to their Lorsps. I acquainted them that the first part relating only to past miscarriages during a preceding administration, I did not think it necessary to give their Lordships the trouble of reading it, but now I send it your Lordships intire. I had seized and suppressed all the printed copies under colour of their being printed without my leave tho' it was done by order of the House of Representatives. Hitherto I have been silent, notwithstanding the innumerable provocations I have met with, and shall conclude this subject with assuring your Lordships that most of the difficulties this Government has laboured under during my administration have been owing to that opposition his Lordship made to all my Representations at home and the spirit which that gave to his Agents and Emissaries on this side. Having affirmed that many of these publick debts were created by his Lordship's management I think it not unnecessary to communicate to your Lordships the paper which is a copy of what I have by me all wrote by the late Chief Justice Mompesson his own hand and given by him to the late Lord Lovelace soon after his arrival in this Province, it is but a small part of a very long Representation of misgovernmt. The Assembly here, notwithstanding their dutyful Address which I have sent home by this conveyance in all appearance will serve H.M. Government no better than they have done his Predecessors; they have postponed all other business to that of an Act for General Naturalization and the Agency Bill, which last they have now passed and sent up in the same terms with that of which I long ago sent a copy to your Board, and least it should be mislaid, I think fit to acquaint your Lordships that it is an Act intirely excluding the Governor or Council from having anything to do with the Agent or to make any representations or applications by him, but constituting themselves, and during the intervals of their Sessions, such persons of their own house as they shall appoint who even in the time of a dissolution shall be the sole persons or Court impowered to make any representations or applycations. This they are well perswaded can never pass, but they'l lay hold of its being rejected as a pretence for letting the support of Government drop for another year; for the Funds they gave for the last year have not raised half of their own scanty sum and I despair of their making good the deficiency. As to the Naturalization Bill I have offered to them that, it being an Act of an extraordinary nature rescinding a clause in the Act for limitations and- the succession of the Crown in so far as it relates to this Plantation, providing they will insert a clause suspending the execution and effect of the Act until H.M. pleasure be known, as I am directed by my Instructions in cases of that nature, that I would pass it, but that it seems does not relish with them, so the use to be made of this, is only an excuse to the People for their long and expensive Sessions without doing any business, that Act being of a very general and popular concern. Now my Lords in this wretched posture are our affairs on this side and the ill humour has grown much upon forbearance, the letters wrote to me and ordered to be communicated to them by the former Lords Commissioners of Trade, taxing their conduct with undutifulness, disloyalty and disrespect, being intirely disregarded; and even in their house called by the unmannerly name of bullying letters, even these who would be distinguished by the name of friends to the Government, never think of settling any support otherwise than from year to year, and that in the pityful manner it has been lately done. If for some hidden causes that I cannot guess at this Governmt. is to be continued on this wretched foot, it will be great charity in your Lordps. to acquaint me with it speedily, that I may make it my most humble application to H.M. to put me into some station how mean soever whereby I may be inabled to do him effectual service, and get bread for a numerous family who's life with my own I have devoted to that use. When the Assembly here has done, or done nothing, I am to attend that in the Jerseys. The copy cast to them by this will have influence on that, for Mr. Cox, by the surprize of an inundation of Swedes has got himself elected in one of the Counties, and the many assurances from him all over that Province that I was actually superseded has had great influence over the Elections in some other counties, as to the persons, when they find that they have been imposed upon he may be disappointed in his expectation but I dare promise nothing from the choice which is made. As to the Caveat given in by his Father and Brother, I have nothing to plead to 't more than if they had accused me of murder and treason, that is the general issue not guilty; But I must humbly intreat your Lordships to give orders that the original may be kept safe until it pleases God to send me to England, for obvious reasons.
P.S. I have by this conveyance sent home the correct Journals and Leigers of the Palatine accounts attested in due form, those formerly sent being but hasty copies had in them some small mistakes and omissions. I most humbly intreat your Lordships' recommendation for reliefe in that case, if that fails nothing can avail me toward retrieving a very broken fortune, and saving from ruin an innocent suffering family. Signed, Ro. Hunter. Enclosed,
435. i. Memorial of the Council and Representatives in General Assembly of New York to the Council of Trade and Plantations. Reply to Lord Clarendon's Memorial (v. Feb. 4 and 8). We know nothing of any money being due to him, etc., nor does it seem probable, seeing the money given for the support of this Goverment during the whole course of his administracon was sufficient with any tolerable good management to have defrayed the proper necessary expences of it, etc. The several sums specifyed [in the Act] and no other were upon a long examination of the particular accounts and warrants resolved by the Legislature of this Province, the only proper judges as they conceive in that case to be due to the respective persons to whom they are directed to be paid. On the other hand we have reason to beleive that had there been any other just claims they would have been exhibed to the Assembly after 21 months publick notice given. for that purpose. We do not conceive that the Acts of a prior Assembly can bind those of a subsequent one, as his Lordship seems to insinuate; but to remove all doubts of that nature the Assembly have now passed an Act for the better explaining an Act of 1714 for paying the debts of this Colony, etc., which we conceive will be a sufficient answer to that part of his Lordship's memorial and will leave him at liberty to apply for a proper remedy if he has any just demand upon this Colony. The several sums directed by this Act to be paid to the respective members of the Assembly are in lieu of the wages they would otherwise have received from the respective countys and borroughs for which they serve, and that Session being chiefly employed and drawn out into a great length by their necessary proceedings on that Bill they thought it more equitable that that expence should be born by that fund than by the countys and borroughs, nor did they expect any gratuity for doing an Act of such publick and general justice and releif nor imagine that such a conjecture could have been thought of. Signed, A. D. Peyster, S. Staats, R. Walter, J. Beekman, Rip van Dam, John Barberie, T. Byerley, W. Nicoll, Speaker. Endorsed, Recd. 8th July, Read 10th Nov., 1715. 2¾ pp.
435. ii. Copy of Governor Hunter's Speech to the General Assembly of New York, 3rd May, 1715. Refers to attacks on his Government and Lord Clarendon's caveat, etc. (v. supra and Sessional Papers). Printed. Endorsed as preceding. 2 pp.
435. iii. Earl of Clarendon to Governor Hunter. Maidstone at Sandy Hook. July 31, 1710. I would not let Col. De Peyster goe without troubling your Excellency with these few lines to return you my most hearty thanks for all your favours, and particularly at my goeing off, it would be a great satisfaction to me if I could be serviceable to you in anything where I am goeing. Recommends to his protection Mr. Anderson the present Sheriff of New York. I know some people will prosecute him with the most extraordinary malice, etc., etc. Signed, Clarendon. Endorsed as preceding. Copy. 1 p.
435. iv. Extracts from a report by the late Chief Justice Mompesson upon the maladminstration of the Government of New York [by Lord Cornbury ? 1710]. (1) Grants. Grants have been made of all the lands that could be discovered some of them in very large tracts and in all that are good and valuable Mr. Fauconier and Mr. Bridges and sometimes both are patentees. Afterwards grants were made of such lands as should hereafter be discovered, as to Capt. Symes of all the unpatented lands on Staten Island, by which means several poor persons who were by the permission and connivance of the Government settled on small tracts of land where neither the persons nor lands were of value to pay the fees of a patent, are lyable (and already threatned) to be turned out of possession and 'tis said the like grants have been made on Hudson's River. Sed de hoc quaere. Where persons have by licence purchased lands from the Indians their lands have been granted away to others. Dr. Staat's case concerning Wiwanda. Grants have been made of lands formerly patented to others, which former patents have thereby (as far as in the Governour and Council lyes) been set aside, so was Newton Patent in effect declared voyd tho under the seal of the Province because not found on the Records tho endorsed by the then Secretary to be recorded, but part of the lands contained in that patent were since granted to the town of Bushwich for £300 (as 'tis said), other part to Mr. Boudienot in discharge of £300 due for the Lady Cornbury's funeral, other part to Mrs. Bridges, Capt. Ashe, Mr. Hogland, Mr. Milward and others for £400. Lands between high water and low water mark on Staten Island lately granted to the City of New York for £300 being the lands and lately in the possession of several inhabitants of that Island tho now covered with the sea, the land being washed away. Some or at least one grant has been made without advice of the Council which is conceived to be against the Queen's Commission or Instructions, as the house in this City lately burned down said to belong formerly to Governour Lovelace, and no person claiming from him as heir at law the same was seized for the Crown and lately granted privately to Wilson Ashe etc. After these transactions a project was set on foot by Act of Assembly to confirm all illegal grants and usurpations on the Queen's lands, but a proviso of saveing the Queen's right being tender'd was agreed unto in Council, and sent as an amendment to the Assembly to which they would not agree and the Council insisting on the amendment and giveing their reasons for the same which did not convince the Assembly though they did not answer them, so that bill was dropt. (2) The Revenue. From 29th Jan., 1690, until Aprill, 1691, Customs and dutys were received by the Collr. tho not warrantable by law, as appears by an Act then past to ennable H. E. etc., and to indemnify the Collector; by that Assembly a Revenue was granted for two years, which by several Acts was enlarged and continued 'til 18th May, 1709. The first Act says for the better defraying the publick and necessary charges and expences of this Province. None of these Acts had any appropriating clauses, but by the Governour's instructions he is not to permit any of the Revenue to be issued forth but by order of himself by advice of H.M. Council, hence it follows that whatsoever was proposed by the Governour to the Council and consequently whatever Mr. Fauconier demanded was allowed of by the Council, and warrants granted accordingly, so the extravagant charges of one voyage to Albany amounted to near £2,200 and no stint was put to the expence of firewood and candles for the Fort. New salarys granted to several officers as in the Custom house and Court of Admiralty, therefore most if not all of the payments that Mr. Fauconier has made was by virtue of such warrants, which cannot well be examined or controuled but by the Auditor General, or the Assembly, etc. The officers of the Goverment and others to whom money is oweing on warrants think the late Act for refunding £711 5s. misapplyed in the £1,800 tax very greivous on them being to be raised out of the Revenue which should grow due on or before Dec. 3rd then following, being to reimburse Mr. Wenham and Mr. Fauconier who had misemployed £500 and upwards in the £1,800 tax formerly raised for building forts, etc. on pretence that it was employed for the Queen's service in payment of warrants which the officers say were to defray the extravagant expences in the Albany voyage, which if they ought to have been paid should have given place to salary warrants. Nor was there any reason to forestall the Revenue and raise an interest of 10 p.c. to be paid out of the Revenue, if that money had been employed in paying salary warrants then due, they say 'tis plain that Col. Wenham and Mr. Fauconier did not discharge their dutys, and if they are moneys out of pocket there is no reason they should be reimbursed out of moneys due to others who have discharged their dutys, and the question is whether a Revenue granted to the Queen can be taken from Her Majesty even by Act of Assembly without H.M. or the Lord Treasurer's express directions. The Officers likewise suffer £500 and upwards by two sallarys taken for the same office viz. by Mr. Fauconier and Mr. Byerley, whereas if Mr. Byerley's suspension was lawfull then the appointment of Mr. Fauconier was so to and Mr. Byerley ought not to receive his salary etc., or if unlawful, then Mr. Fauconier must apply to him that set him on work for his wages, etc., but a double salary ought not to be paid out of the Queen's Revenue for the same office at the same time, etc. etc. Argued at length. (3) Courts of Common Law. The Courts of Common Law having been sunk under ye title Chancery, they were revived and established by the Earl of Bellamont 15 May, 1699, the ordinance was penn'd much after the same manner as the Acts of Assembly had been, that ordinance was alterd by the Lord Cornbury 3rd April, 1704, cheifly in these three particulars the terms which were but twice in the year before that, were then made four; each term had but one return before, now two; causes under £20 might not be commenced in the Supream Court, now they may. Coll. Fletcher would never meddle with nor hearken willingly to any discourse tending to the decision of property, declareing often that he had nothing to doe with things of that nature til they regularly came before him by appeal or writ of errour, of late years the docquett of the causes depending in the Supream Court must be brought to the Governour, and those persons countenanced who were for trying in their common discourse before him all causes depending in the Court, and then every one would be for giveing his opinion, and the Governour's was the law; and so the judges and their proceedings censured. In the Jerseys it went a little farther, for the Governour would order his affairs so as to be always residing where the Supream Court was held, and sometimes at special commissions, as the last summer in Monmouth county, which was looked on by all persons to be designed to awe and influence the courts, and when indictments, as in the last Supream Court at Amboy, were found by the Grand Jury and presented to the court against several persons for forgery, perjury, barretry, prophanation of the Sabbath, and adultery, and the Queen's Attorney General moved for process thereon which the court awarded, because the persons thus presented were favourites of the Governour the Attorney Gll. was suspended (tho' since on application restored) and the same was threatned to the Cheif Justice, and he was by the Governour in publick company more than once reprimanded for receiveing those indictments, and told he ought not to have done it, but to have reprimanded the Grand Jury for presenting them, neither ought he, as the Governour said, to have awarded any process on them tho' moved for by the Queen's Attorney, and what he might have taken out of course without any motion to the court, but being moved for the court could not refuse granting it without denying justice. (4) The Governour's granting warrants in his own name, etc. Argued, that the King, and therefore his Governor, cannot arrest any man for suspicion of treason or felony, as any of his subjects may, because if the King does wrong, the party cannot have his action, etc. Endorsed as preceding. Copy. 12¾ pp. [C.O. 5, 1051. Nos. 10 (memorandum of letter only), 10 i.–iii.; and (copy of covering letter without enclosures) 5, 1123. pp. 352–361.]
[May 21.]436. Representation of the Assembly of New Jersey to Governor Hunter. Relate their differences with Lord Cornbury and charge him with bribery, extortion and arbitrary government. Ask for the removal of William Pinhorne, Roger Mompesson, Daniel Cox, Richard Townley, Peter Sonmans, Hugh Huddy, William Hall, and Jeremiah Bass from the Council. "If they are continued, we must with our families desert the Province, and seek some safer place of abode" etc. 9 Febr., 1710. Signed, Will. Bradford, Cl. Endorsed, Recd. 8th July, Read 10th Nov., 1715. Printed by William Bradford at the Bible in New York, 1710. 13 pp. Enclosed in preceding. [C.O. 5, 971. No. 6.]
May 21.
New York.
437. Governor Hunter to Mr. Popple. Having wrote particularly to their Losps. about the Ld. Clarendon's caveats, for they are all his, I shall only add to you to be communicated to them if there be occasion, that his exceptions agst. the Jersey bill is as ill grounded as the other, for when his emissarys in the Council, Cox, Sonmans, etc., had made it impracticable to hold an Assembly there to any purpose I was forc'd to wait H.M. pleasure about their removeal, which was so long in procureing that countrey was in arrear to the Government in a greater summ and upon stateing and takeing the accts. of ye Expeditions with other accts. of taxes the Assembly found a balance of so much remaining in their Treasurer's hand wch. by a special Act was given to me in so much of that which was in due to me. I believe his Losp. would not have ask'd for an Act of Assembly in very deed and the King never have been the richer for yt, but it is all I have for my sallary for that time and when H.M. approves the Act it is his gift. I know not if any thing be due to him there but I'm sure he has given me no reason to solicite his payment. I beg the favour of the continuation of that friendship which has stood me in so much steed perhaps one day I may be able to return it. Signed, Ro. Hunter. Endorsed, Recd. Read 9th Aug., 1715. Addressed. Holograph. 2 pp. [C.O. 5, 971. No. 1; and 5, 995. pp. 304, 305.]
May 24.438. William Shirreff to the Council of Trade and Plantations. Nova Scotia having all it's supplies from Boston, and the trade being ingross'd into the hands of a few men, they have imposed extreamly upon that place. The officers say they have paid 400 pr. ct. This usage is not only a great hardship upon the officers, but hath caused ye Indeans as also most part of the inhabitants frequently complain and retire from thence with their furrs and other merchandize to Cape Breton, where all manner of necessarys are furnished them att reasonable rates (if not by the marchts.) out of the King's Magazine kept there for supplying both officers and soldiers, and for the encouragement of the savages and others to trade to that place. Proposes that a similar Magazine may be established at Annapolis Royal. Signed, Wm. Shirref. Endorsed, Recd. 24th, Read 31st May, 1715. 1¾pp. [C.O. 217, 1.No. 120.]
May 24.
Whitehall.
439. Mr. Secretary Stanhope to the Council of Trade and Plantations. Encloses following for their report. Signed, James Stanhope. Endorsed, Recd. 26th, Read 27th May, 1715. 1 p. Enclosed,
439. i. Extract of letter from M. le Comte de Pontchartrain to M. d'Iberville, April 24 (N.S.), 1715. Complaint of a debt owed by the English Consul at Tripoli. French. 1 p.
439. ii. Extract of letter from Mr. Poullard to M. le Comte de Pontchartrain, 14 Dec., 1714. Referred to in preceding. French. 1 p.
439. iii. M. le Comte de Pontchartrain to M. d'Iberville, 24th April (N.S.), 1715. I sent you a letter on Nov. 7th last from M. Soubras, Commandant at Isle Royale formerly called Cape Breton, stating that on his arrival he found that Captains de la Ronde and de Pensens had been sent to Accadie in two separate ships, the first by M. l'Hermite and the other by M. de St. Ovide on the complaints of the French inhabitants of that Colony, in order to obtain from Mr. Nicholson entire liberty for them to withdraw with their cattle and grain to Isle Royale. M. Pensens gives an account that by Mr. Nicholson's permission these two officers assembled the inhabitants in order to learn their intentions; that upon their demand that there should be accorded to them the term of one year in accordance with the 14th Article of the Treaty of Utrecht, without any hindrance, the decision was referred to the Court of London, as likewise their demand to be enabled, during that time, to transport their grain and cattle, build vessels for the transport of their effects, and to receive from the French the tackle, etc. for those they must build at Port Royal etc. Moreover on the demand made for the publication of an order granting them permission to sell their houses, or grant powers of attorney for that purpose, it was referred to the Queen, etc. You were instructed to press for H.M. orders on these points. But as I have received no communication from you for a long time on this subject, you are to press for H.M. orders granting the inhabitants of Accadie liberty to make a complete evacuation of their moveables, which has been interrupted, Mr. Nicholson having deferred the execution of everything until he should have received the decision of the Court of London, etc. Copy. French. 2 pp.
439. iv. Inventory and valuation of the houses and property of the French inhabitants of Placentia, Nov. 5, 1714. French. 46 pp.
439. v. M. le Comte de Pontchartrain to M. d'Iberville, April 24th (N.S.), 1715. Encloses preceding, "sent to me by M. de Costebelle, of Isle Royale. He has marked in the margin those which have been sold (v. May 30), and represents that it is just that the Court of London should make an equitable payment of the surrender which each individual has made upon this occasion. H.M. desires you to press the King of England to order payment accordingly." Copy. French. ¾ p.
439. vi. M. le Comte de Pontchartrain to M. d'Iberville, 8th May (N.S.), 1715. The King has been informed that in spite of the orders which have been given to prevent the English from trading in the French Islands of America, this trade has so great an attraction for them that they do not cease sending ships with considerable cargoes, particularly to Martinique, and as such a trade is prohibited in the French Colonies, where no foreign ship can be allowed, just as it is strictly forbidden in the English Colonies, His Majesty commands me to say that he will be obliged to give suitable instructions for the seizure of all foreign ships which shall go to our Islands, and for the confiscation of their cargoes, and has written to M. le Marquis du Quesne General of the Windward Islands to inform the General of the English Islands thereof, etc. You are to explain this matter to the Ministers of the English King, etc. French. 1¼ pp. [C.O. 194, 5. Nos. 93, 93 i.–vi.; and (without enclosures) 195, 6. pp. 105, 106.]
May 30.
Whitehall.
440. Council of Trade and Plantations to Mr. Secretary Stanhope. Reply to May 24. Correspondence etc. quoted. Continue: By the 12th Article of the Treaty, there is an absolute cession of Nova Scotia or Accadie wth. its ancient boundaries (in which Cape Breton was formerly comprehended) and of the inhabitants thereof to the Crown of Great Britain; But by the 14th Article, it is provided, that in all the places to be yeilded and restor'd by the French King in pursuance of the sd. Treaty, the subjects of the said King may have liberty (if they are willing) to remove themselves within a year to any other place as they shall think fit, together with all their moveable effects. From whence it do's not appear (nor indeed by any other Article of the Treaty) that the French have any pretence to dispose of their habitations and other immoveable effects; and even as [? to] their moveable effects they are limited by the said 14th Article, to a year's time to remove the same, which time they elaps'd, as we have been inform'd by Col. Vetch, who was then upon the place; nor wou'd they have desir'd to remove at all, had they not been threatned by the French to be treated as rebels in case they did not. How far this is consistent with the Treaty, we humbly submit to H.M. The French having elaps'd the time for removeing themselves and their moveable effects, we are humbly of opinion that H.M. may forbid their carrying off their cattle and corn of which they have great plenty, and unless that be done it will be impossible without a very great expence and loss of time to settle Nova Scotia which may be rendred by due regulations of great advantage to this Kingdom. And for a further and full account of the ill consequence of allowing the French to remove their cattle and corn, we desire you will please to be referr'd to our Representation of 17th March last. As to the estimate of and demand for payment of the houses and gardens etc. in Placentia formerly belonging to the French, the said demand consists of two parts; the one for the houses, gardens etc. sold, wch. amounts to 25,140 livres, those unsold to 203,615. Upon this we take leave to observe, that by the 13th Article of the Treaty of Peace, Newfoundland and all therein contain'd in the possession of the French, is absolutely yeilded to the Crown of Great Britain. But then by the 14th Article the inhabitants have the same liberty to remove themselves and moveable effects within a year. As there is no liberty granted them by Treaty to sell and dispose of their immoveables, we do not see any reason to allow the same. If that shou'd be done, there will be nothing got either in Newfoundland or Nova Scotia by the Treaty otherwise than as it is purchas'd from the inhabitants. As to H.M. subjects trading to the French West Indies (v. No. 439 vi.), we have not been inform'd that any such trade is carry'd on between H.M. Colonies and the French. However we readily agree that if it is, it ought to be prevented, and therefore we offer, that all the Governors in America be strictly enjoyn'd to see the Acts of Trade and Navigation duly put in execution, and that they acquaint H.M. subjects in their respective Governments, that in case any of their ships be seiz'd and made prize of, for trading to the French settlements as is intimated by M. de Pontchartrain, they will not be reclaim'd by H.M. And that the said Governors take care to make prize of all French ships that come to trade in their Governments, of which they may give notice to the French Govrs. in America. [C.O. 195, 6. pp. 106–112.]
May 30.
Downes.
441. Capt. Fotherby to Mr. Popple. Encloses following. It being late before I gott into ye country, I could not have the account soe perfect as otherwaise I should, but in general I found that few fishing ships that were there had any certificate of their clearings from any ports in England wether by neglect or otherwaise I could not tell, soe it was impossible to know wether they complyed wth. the Act in bringing over as many land men as required as alsoe to oblige them to carry the men home they brought into the country, they being soe disper(s)'d in the land that I am afraid there were severall carryed for New England after I left ye country, although I sent orders into all ye ports that noe New England ship should presume to carry any of them for that country, but just as I came away I received information, that notwithstanding my orders, that a sloop had carryed off three score from the bay of bulls. I was inform'd alsoe that there had been a great deal of brandy brought directly from France, but that the ships that brought it were sailed as I am afraid is practised every year contrary to the Act of Parliament, our forces not arriveing at Placentia till the begining of the year, and the French being allow'd such a time after their arrival to carry off their effects. I could get noe accot. of ye number of the French that remained behind, but was informed by them that came from thence that they believed there would not be any that would stay behind, it was observed by the fishermen that the fish did not come in uppon the coast that year till the season used to be over of other years. Signed, Charles Fotherby. Endorsed, Recd. 1st June, Read 6th Sept., 1715. Addressed. Postmark. Seal. 2 pp. Enclosed,
441. i. Scheme of the Fishery of Newfoundland (1714). Fishing ships 66; Sack ships, 68; ships from America, 15. Burthen of fishing ships, 10,925 tuns; number of men belonging to them, 1,966. Fishing ships boats, 441; by boats, 133, inhabitants' boats, 362. By boatsmen, masters 128, servants, 873. Quintals of fish made by fishing ships, 37,880, by by boats, 18,825, and inhabitants' boats, 42,151. Total, 98,856 quintals; carried to market 91,709. Train made, 1,433 hhds. No. of stages, 329. Inhabitants: men, 2,625, women, 209, children, 330. 1 p. [C.O. 194, 5. Nos. 98, 98 i.; and 195, 6. pp. 119–122.]
May 30.
Whitehall.
442. Mr. Secretary to the Council of Trade and Plantations. Encloses following "representations from Mr. D'Iberville, the French envoy," for their report. Signed, James Stanhope. Endorsed, Recd. 30th, Read 31st May, 1715. ¾ p. Enclosed,
442. i. Extract of letter from M. le Comte de Pontchartrain to M. D'Iberville, 29th May (N.S.), 1715. The English fishermen of Boston and Accadie having fished last year to the number of more than 200 boats on the banks near Port St. Pierre now called Port Toulouze which are part of the mainland of the French coast, you are to complain to the King of England in order that he may give orders that such a thing may not occur again this year. French. ¾ p.
442. ii. Extract of letter from M. le Comte de Pontchartrain to M. d'Iberville, 29th May (N.S.), 1715. M. de Costebelle, Governor of Isle Royale, informs me that the French inhabitants of Acadie have had orders from General Nicholson to go promptly to that Island under penalty of imprisonment. One of them has been put [in prison] for having tried to give some reasons. The Governor observes that they have asked to remain in Acadie till the spring in order to keep their families alive, but permission has been contemptuously refused, and it is intended to oblige them to abandon their families and lands. You are to complain to the King of England, and obtain his orders that the French should not be thus maltreated by General Nicholson, the more that the difficulties put by the English in the way of taking away their moveables, and selling their immoveables are entirely contrary to justice and the agreements arrived at between that General and two Captains of Isle Royale who were sent to Annapolis last summer. His Majesty is therefore obliged to send one of his ships to embark the inhabitants, and you are to ask permission for this from the Court of London. French. 2½ pp. [C.O. 217, 1. Nos. 121, 121 i., ii.; and 218, 1. pp. 226–228.]
May 31.
St. James's.
443. H.M. Warrant appointing Samuel Woodward Secretary of the Massachusets Bay. Countersigned, James Stanhope. Copy. [C.O. 5, 190. p. 280.]
May 31.
Whitehall.
444. Mr. Secretary Stanhope to the Council of Trade and Plantations. I must desire the favour of you to give me what information you are able, whether Newfoundland was entirely in the possession of England, or if any other Prince had any part of it in the year 1670, when the Treaty was made between this Crown and Spain by Sr. William Godolphin. Signed, James Stanhope. Endorsed, Recd. 31st May, Read 1st June, 1715. 1 p. [C.O. 194, 5. No. 94; and 195, 6. p. 113.]