Journal, September 1709
September 1. Present:—Lord Dartmouth, Mr. Chancellor of the Exchequer, Sir Philip Meadows, Mr. Pulteney.
Letter to Earl of Sunderland with an address.
A letter to the Earl of Sunderland, inclosing an address from New York to her Majesty [vide supra], relating to the expedition against Canada, directed at the last meeting, was signed.
Letter from Mr. Daniel Pulteney reconsider'd.
Their lordships reconsider'd the letter from Mr. Daniel Pulteney, her Majesty's Envoy in Denmark, of the 6th of April, n.s., 1709 [fo. 67, 205], in answer to one writ him the first of June, 1708, relating to our trade in those parts.
Letter from Mr. Phelp about advantage the Dutch have in trade.
Representation to be prepared.
A letter from Mr. Phelp, Deputy Governor of the Eastland Company, of the 7th of June last, in answer to one writ him the 5th of May foregoing [fo. 81, 210], relating to the advantage the Dutch have over the English in their trade to the Baltick, was read; and their lordships gave directions for preparing the draught of a representation for laying the same before her Majesty.
Answer to Mr. Pulteney's letter.
Ordered that the draught of a letter be prepared in answer to the foremention'd letter from Mr. Pulteney [fo. 204, 210].
Memorial about Treaty of Commerce under consideration.
Their lordships now took into consideration the several memorials and papers in this office [fo. 124, 208], relating to a Treaty of Commerce with France, which are as follows, vizt.:
Memorial from several merchants concern'd in the tobacco trade, proposing that by a Treaty with France, tobacco may be allow'd to be imported into that kingdom, under an easy duty, without farm or monopoly.
Memorial from Mr. Galdie, relating to a Treaty of Commerce with France &c.
A letter from Mr. Anthony Forty, of the 30th of May, 1709, inclosing some considerations about the settlement of trade between England and France in 1698, with a memorial relating to a Treaty of Commerce now to be set on foot with that kingdom &c.
Letter from Mr. Spicer, Mayor of Exeter, of the 28th of May, 1709, inclosing a memorial from the merchants of that city, relating to a Treaty of Commerce with France, together with the particulars of the Customes received at Rouen since 1654.
Letter from Mr. Eyre, of the 27th May, 1709, relating to the duties laid on English manufactures in France &c.
Memorial from several North British merchants relating to a Treaty of Commerce with France.
Representation of the mayor, burgesses and inhabitants of Lime Regis, praying that in a Treaty of Commerce with France, the prohibition of English manufactures may be taken off, and satisfaction made for several goods formerly seized in Britany, together with the translation of a French edict annex'd.
Letter from Mr. Hollidge at Bristol, of the 25th of May, 1709, relating to the high duties on English manufactures in France &c.
An arrest of the King of France, relating to the entries of English merchandizes in that kingdom, dated the 6th September, 1701.
A memorial containing considerations on the benefit of an open trade with France &c.
A memorial relating to the Droit de Aubaine &c., in France.
Letter from Mr. Savage, of the 1st of June last, inclosing an account of the duties upon French commodities, with referrence to the several laws relating to the trade with France since Anno 1660.
Memorial from the Company of Clockmakers, praying that the French King may be obliged, in the Treaty of Commerce to be made with France, to take off the prohibition of clocks, &c.
Memorial from Mr. Samuel Lock, proposing that the duties in France laid on English manufactures may be taken off; also a copy of an arrest of the French King, in September, 1701, on the English manufactures &c.
Project of a treaty agreed.
And the draught of a project of such a Treaty [fo. 205, 218], was laid before the Board, and agreed.
September 2. Present:—Lord Dartmouth, Mr. Chancellor of the Exchequer, Sir Philip Meadows, Mr. Pulteney.
Representation on Col. Ingoldesby's assuming the government.
A representation relating to Colonel Ingoldesby's having assumed the government of New York upon the death of the Lord Lovelace [fo. 234, 237] (although his commission for Lieutenant Governor of that province had been revoked by her Majesty in Council the 11th of April, 1706), was agreed and signed.
Mr. Gough about the said Colonel's behaviour to the Lady Lovelace.
The same to be put into writing.
Mr. John Gough attending, he acquainted their lordships that Colonel Ingoldesby, who had taken upon him the government of New York [fo. 211], understanding that the Lady Lovelace had in her custody the minutes of Council and minutes of Assembly, as also the accounts of the revenue, which the Lord Lovelace had been directed, by the Earl of Sunderland, to require from Mr. Fauconier, collector of the revenue in that province, during the time of the Lord Cornbury's government, in order to bring them to England, he sent to demand the said minutes &c. from her Ladyship, who refusing to comply with the said demand, he had used her disrespectfully, and threatned that she should not come away from thence unless she did deliver up the said papers; which usage obliged her Ladyship to steal away at midnight, and to go on board the Lowstaff man of war then ready to leave those parts. He added that her Ladyship was arrived, and had brought the abovemention'd papers along with her; whereupon Mr. Gough was desired to get an account of this matter in writing, which he promised to do and lay before their lordships.
Account of the expence for subsistence of the poor Lutherans.
Mr. Gough then presented to the Board an account of what had been expended by the Lord Lovelace for the subsistance of the poor Lutherans, who went over with his Lordship to New York, amounting to 202l. 17s. 8½d., which account was read.
Representation about trade in the Baltick.
A representation touching the advantage the Dutch have over the English in their trade to the Baltick [fo. 205, 261], as directed at the last meeting, was signed.
Draught of a letter to Mr. Pulteney about trade to Denmark.
The draught of a letter to Mr. Daniel Pulteney, her Majesty's Envoy in Denmark, in answer to one from him of the 16th of April, 1709, n.s. [fo. 205, 211], relating to our trade in those parts, as directed yesterday, was agreed and ordered to be transcribed.
Mr. Attorny Generall's report on laws.
Mr. Attorny General's report upon five of the laws past in Pennsylvania in 1705 [fo. 184, 214], transmitted to him in the secretarie's letter of the 10th of the last month, was read. Whereupon order'd that Mr. Penn have notice to attend the Board on Tuesday morning next.
September 5. Present:—Lord Dartmouth, Sir Philip Meadows, Mr. Pulteney.
Letter from the Lady Lovelace complaining of Col. Ingoldesby.
A letter from the Lady Lovelace, of the 3rd instant, setting forth the ill treatment she had met with from Colonel Ingoldesby, upon her refusing to deliver into his hands the papers of publick proceedings at New York [fo. 209], which he demanded with threats from her, mention'd in the minutes of the 2nd instant, was read.
Letter to Mr. Daniel Pulteney.
A letter to Mr. Daniel Pulteney, her Majesty's Envoy at the Court in Denmark [fo. 210], touching our trade in those parts, as agreed at the last meeting, was signed.
Letters from Mr. Byerly about his being restored to his office.
Answer to be returned.
A letter from Mr. Byerly, Collector and Receiver General of New York, to the secretary, dated the 9th of March, 1708/9, inclosing one to their lordships of the same date, giving an account that my Lord Lovelace, upon his arrival there, had restored him to his office, from which he had been suspended by the Lord Cornbury, were read; whereupon ordered that the secretary do return answer thereunto.
Representation about Virginia Indian traders to be transcribed.
The draught of a representation upon the complaint of Colonel Jennings, President of the Councill of Virginia, mention'd in his letter of the 24th of June, 1708 [M. fo. 313; fo. 214], read the 8th of November following, relating to goods belonging to the Virginia Indian Traders, having been seized by the Government of South Carolina, was agreed and ordered to be transcribed.
Letter from Col. Jennings.
A letter from Colonel Jennings, of the 13th of June, 1709, acknowledging the receipt of several letters from the Board, and promising to answer the same by the first safe conveyance, was read; whereupon ordered [fo. 228] that he be acquainted in the next letter from their lordships with what has been done in relation to Virginia Indian Traders aforemention'd.
Letter from Col. Ingoldesby.
A letter from Colonel Ingoldesby, Lieutenant Governor of New Jersey, dated the 16th of June, 1709, was read; and the papers therein referr'd to were laid before the Board, and are as follows, vizt.:
Papers of public proceedings.
Minutes of Council of New Jersey, from the 26th May, 1709, to the 14th June following.
Minutes of the Councill of New Jersey in Assembly, from the 23rd of June to the 30th ditto, 1709, inclusive.
Minutes of Council of New Jersey in Assembly, from the 20th December, 1708, to the 4th April, 1709.
Minutes of the Council in Assembly from the 23rd to the 30th of June, 1709, inclusive.
Minutes of the Assembly of New Jersey from the 25th of May to the 30th of June, 1709.
September 6. Present:—Lord Dartmouth, Sir Philip Meadows, Mr. Pulteney.
Mr. Perry &c. against an Act for relief of poor debtors.
Mr. Perry, Mr. Hyde, Mr. Milner, with several other Maryland merchants attending [fo. 107], the Act past in Maryland in December, 1708, entituled An Act for relief of poor debtors and languishing prisoners [fo. 230], inserted in the book of laws, No. 19, folio 47, was read; and these gentlemen alledging that the said Act would be prejudicial to them, if the same was not repealed, for that they should not be able to obtain what moneys should be due to them in that province, and therefore praying that their lordships would propose a repeal thereof to her Majesty, they were desired to give their reasons against the confirmation of the said Act in writing, which they promised to do, and to lay the same before their lordships accordingly.
Draught of a representation on Acts to be transcribed.
The draught of a representation upon the laws past in Pensylvania in 1705 [fo. 210, 215] by John Evans, esquire, Deputy Governor of that province, was agreed, and ordered to be transcribed.
Representation about Indian traders.
The representation relating to the complaint of goods seized by the Governor of South Carolina, belonging to the Virginia Indian Traders [fo. 212, 223], as agreed at the last meeting, was signed.
September 8. Present:—Lord Dartmouth, Mr. Chancellor of the Exchequer, Sir Philip Meadows, Mr. Pulteney.
A representation upon the laws of Pennsylvania, past in 1705 [fo. 214, 217], as agreed at the last meeting, was signed.
September 15. Present:—Sir Philip Meadows, Mr. Pulteney.
Letter from the Earl of Sunderland.
Commissions and instructions for Col. Hunter to be Governor.
Letter to the Earl of Sunderland with draughts of commissions.
A letter from the Earl of Sunderland of the 9th instant [fo. 216], directing this Board to prepare draughts of commissions and instructions for Colonel Hunter to be Governor of New York and New Jersey, was read; whereupon the secretary laying before their lordships the draughts of commissions for those governments, a letter to the Earl of Sunderland, inclosing the same, was signed.
Holmes's information Barbarities committed by the French.
Letter to the Earl of Sunderland.
Copy of Captain Holmes's information (received with the duplicate of Colonel Bennet's letter of the 1st of March, 1708/9) [fo. 146, 283], touching the cruelty and barbarity committed by the French on the Bahama Islands, sworn the 20th April, 1709, was read, and a letter to the Earl of Sunderland, inclosing a copy thereof, was signed.
Instructions for Col. Hunter.
Their lordships then took into consideration the draughts of instructions to be given to Colonel Hunter for the governments of New York and New Jersey [fo. 215, 320], and agreed the same.
Upon considering the said instructions for New Jersey, their lordships had occasion to look into the Acts past there, and resolved to take into consideration two of them, in order to the laying the same before her Majesty for a repeal thereof. The said Acts are as follows:
Acts to be repealed.
An Act for altering the present constitution, and regulating the election of representatives to serve in the General Assembly of this province of Nova Cæsarea or New Jersey.
An Act for regulating negro, Indian and mulato slaves within this province of New Jersey [fo. 223].
Letter from Mr. Penn about the representation on laws.
A letter from Mr. Penn, dated at Bristol the 12th September [fo. 215, 232], desiring that the representation on the Pennsylvania laws may be withdrawn from the Council Office till he arrives in town, was read; whereupon ordered that the secretary do acquaint him that, by reason the time limitted by his charter for her Majesty's signifying her pleasure on the said laws will expire the 28th of the next month, their lordships do not think it proper to do anything further therein.
September 27. Present:—Sir Philip Meadows, Mr. Pulteney.
Letter from Mr. Burchet.
Mr. Attorney and Sollicitor General's reports about impressing men.
A letter from Mr. Burchet, of the 24th instant [fo. 202, 220], with the inclosed copy of Mr. Attorny and Sollicitor General's reports and other papers relating to the impressing men at New York for her Majesty's ships there, were read, and their lordships resolved to reconsider the same at a convenient opportunity.
A letter from the Earl of Sunderland of the 22nd instant [fo. 235], inclosing:
Letter from the Earl of Sunderland.
A report of this Board to the Commissioners for the Palatines &c., of the 3rd of August last [fo. 179], upon proposals for the settlement of 1,000 poor Palatines at Jamaica.
A letter from this Board of the 30th of August to the Lord High Treasurer [fo. 202, 221], for disposing of some of the Palatines at Jamaica.
And another letter from this Board of the same date to the Lord High Treasurer [fo. 202], proposing the settlement of some others of the said Palatines on Hudson's River in New York, was read.
Mr. Whitchurch, Mr. Way and Mr. Jones to attend.
Whereupon ordered [fo. 221] that Mr. Whitechurch, Mr. Way and Mr. Jones be desired to attend the Board on Thursday morning next.
Letter to the Earl of Sunderland.
Draught of a Treaty of Commerce with France.
Letter to Mr. Savage.
Tare of foreign goods.
A letter to the Earl of Sunderland for inclosing the draught of a Treaty of Commerce with France was agreed [fo. 208, 231], and ordered to be transcribed; and their lordships considering the desire of the merchants that all goods subject to pay duty by weight may have the same allowance of the tare of the cask as is commonly allowed at the King's Beam by the seller to the buyer, and that they be not obliged to pay duty for the tare as formerly; ordered [fo. 236] that a letter be writ to Mr. Savage, secretary to the Commissioners of her Majesty's Customers, desiring to know what the practice is here, with respect to the tare of foreign goods.
Letter from the Board of Ordnance.
Stores for the Plantations.
A letter from the Board of Ordnance, dated the 24th instant [fo. 223], relating to their expence in supplying the plantations with stores of war, and desiring that, if any of the Plantations have a present occasion for stores, this Board will move her Majesty for her pleasure in order to the making application to the Parliament for the same, was read; whereupon ordered that the draught of an answer be prepared, whereby to signify that there is at present no demand of that kind before their lordships from the plantations; but when any shall be made, the Board will represent it to her Majesty.
September 29. Present:—Sir Philip Meadows, Mr. Pulteney.
Letter to the Earl of Sunderland.
Impressing of seamen.
A letter to the Earl of Sunderland [fo. 217, 228], relating to the impressing of seamen in the plantations, inclosing several papers concerning the same, and desiring that his lordship will receive her Majesty's pleasure whether the usual clause touching the pressing of seamen shall be continued in the instructions to Colonel Hunter, or not.
Order of Council on petition of Col. Hamilton to be Lieutenant General of those islands.
Mr. Tryon attending, presented to their lordships an Order of Council of the 16th instant [fo. 251], referring to this Board the petition of Walter Hamilton, esquire, Lieutenant Governor of Nevis, praying that he may be made Lieutenant General of the Leeward Islands, and on the death or absence of the Governor, receive the salary and perquisites usually allow'd Lieutenant Generals in like cases, was read; whereupon ordered that all the papers in this office relating to the character of the said Hamilton be laid before their lordships.
Captain Jones and Mr. Whitchurch.
Captain Jones and Mr. Whitchurch attending [fo. 218, 222], the letter to my Lord Treasurer of the 30th of the last month, relating to the settling some Palatines at Jamaica, was read; whereupon these gentlemen said that they thought the proposal in that letter very reasonable, and what might easily be comply'd with, and they added that they believed the Lord Carbury, Colonel Long and Mr. Cotton, who were proprietors of a great part of the lands in those parts, might easily be perswaded to surrender their interest therein [fo. 227]; after which these gentlemen were desired to give their lordships in writing an account of the quantities and qualities of the tooles &c. necessary to be sent along with about 1,000 Palatines, together with the prices; the same with relation to provisions for them, the same for their cloathing and armes, together with an account of the freight, and whatever else they might think necessary, which they promised to do accordingly. And being asked if they were willing to make any agreement with her Majesty in order to the providing for those poor people, they declined to do it.