America and West Indies: March 1687, 1-15

Pages 324-343

Calendar of State Papers Colonial, America and West Indies: Volume 12 1685-1688 and Addenda 1653-1687. Originally published by Her Majesty's Stationery Office, London, 1899.

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March 1687

March 1. 1,156. Minutes of Council of Jamaica. The Governor reported that he had sent H.M.S. Drake to fetch the prisoners from Campeachy. Order for payment of the expenses of their transport by the Treasury. [Col. Entry Bk., Vol. XXXVI., p. 167.]
March 1. 1,157. Minutes of Council of New England. Order for a Bill to be prepared for regulation of the Indian fur trade. The three Bills brought up on the 25th ult. read a second time. Proclamation continuing certain former rules as to administration of justice. Order for a Bill against pirates to be prepared.
March 3. The three Bills read a third time and passed. Bill against pirates read twice.
March 4. Bill against pirates passed. [Col. Entry Bk., Vol. LXIV., pp. 114–116.]
March 2.
New York.
1,158. Governor Dongan to the Earl of Sunderland. The report of my recall is so frequent and from so many quarters that though I have not heard of it from my friends, I am a little surprised to hear it. You know with what disadvantage I was called out of France. The intendant of Nancy has certified that over £5,000 was due to me; and my going to Tangier did not enrich me. I have taken a deal of fatigue to reduce this place from confusion to order, and to raise a revenue to defray the expenses of government, so shall be sorry to be moved from my post just as it begins to be agreeable and easy. I shall cheerfully obey my orders, but it will be hard for me to go home till the King's debts and my own in this place are paid; it will not be long, so I beg that at least I may be continued till that be done. Signed, Tho. Dongan. P.S.— I have sent one of the Council two or three times to Mr. Santen for the obligations which he pretends to have taken for some of the revenue that is out. His answer is that he has none, and if he had would not deliver them. My opinion is that there is not a farthing out. Pray order that if he has any, he shall deliver them to Mr. Blathwayt. I Know he must have three. I hope next year to give a better account of the revenue, having given the management of it to Mr. Graham and Mr. Stephen van Cortlandt, both of them able, honest men. 1½ pp. Endorsed. Recd. 9 May. Read 18 May 87. Printed in New York Documents III., 423, 424. [Col. Papers, Vol. LIX., No. 73, and Col. Entry Bk., Vol. LXIX., pp. 127, 128.]
March 2. 1,159. Governor Dongan to the King. Mr. Penn has written that I am to be recalled, and I do not doubt that he would do all he can to effect it because I did not consent to his having Susquehanna. I have nothing but what comes to me from you; but when I came here things were in a great disorder, and all that I could make was laid out for your service. If your Collector had done his duty, you would not owe one farthing here; but as it is, he is indebted to you £3,000. I beg that I may remain till I can get this in and pay your debts and my own. I have been a better husband to your affairs than to my own. In my opinion, it would be best to farm the revenue, the expense of so many officers and vessels being very great; but if not, I beg that I may have the nomination of a Collector here. Those who come from England expect to jump into a great estate, which this country cannot afford them. Mr. Spragge, the Secretary, has proved himself a faithful servant to you and a great help to me. His perquisites are hardly enough to maintain him and his clerks, so I beg that he may have some yearly allowance, and that he may return here as soon as possible. If Connecticut be annexed to this Government, the province will be of no expense to you. The Collector has made a great bustle that he intends to ruin me, so I send Captain Baxter and Mr. Spragge, who can tell you the truth. I am forced to send the Collector home, and beg that his false stories against me may not be believed. The revenue shall be faithfully managed by Mr. Stephanus van Cortlandt and Mr. James Graham. Signed, Tho. Dongan. 2 pp. Endorsed. Recd. 9 May, from the Treasury. Read 18 May 87. Printed in New York Documents III., 422, 423. [Col. Papers, Vol. LIX., No. 74, and Col. Entry Bk., Vol. LXIX., pp. 124–127.]
March. 1,160. Governor Dongan to Lords of Trade and Plantations. Answer to the heads of enquiry. 1. The Courts of Justice are the Court of Chancery, consisting of the Governor and Council, the Courts of Oyer and Terminer held once a year in each county, consisting of the two judges and three justices, the Courts of the Mayor and Aldermen, held fortnightly in New York and Albany, the Sessions of the Justices, held twice a year in every county, thrice in Albany, and four times in New York; and a Court of Judicature established by myself, to be held before the Governor and Council, or such others as the Governor may appoint, to decide disputes about land. 2. The laws in force are those called his Royal Highness's laws, and the Acts of the Council and Assembly. 3. The forces are about 4,000 foot, 300 horse, and one company of dragoons. 4. At New York there is a fortification of four bastions, formerly built against the Indians, well situated for the defence of the harbour, on a point made by the Hudson on one side and the Sound on the other. It mounts thirty-nine guns and two mortars. Part of the fort has been rebuilt by me with lime and mortar, and the rest strengthened and rough-cast with lime. I found most of the guns dismounted, but hope to mount them as soon as the mills can saw. There are several repairs still wanting; I am obliged to patch my own or the soldiers' quarters every day. The ground on which the fort stands is about two acres. Though this fortification is so inconsiderable, I wish that there were more of them, for the people increase rapidly, and are of turbulent disposition. "There is a woman yet alive from whose loins there are upwards of three hundred and sixty persons now living." The men born here have generally lusty and strong bodies. At Albany there is a fort made of pine trees fifteen feet high; it mounts nine guns. The timber was renewed this year, but I wish the fort could be rebuilt in stone or lime. At pemaquid there is another fort of the same kind, of which I can give no description. It is a great expense, for there are always twenty men there in pay, and the cost of sending provisions over four hundred miles is great. If I might, I should ask leave to move this fort further into the country, and that it should be annexed to Boston, New York receiving Connecticut and Rhode Island instead. Connecticut at present takes from us all the valuable land adjoining the Hudson river and the best part of the river itself. Besides, as we know by experience, if Connecticut be not annexed to this, it will be impossible to collect the King's revenue. East Jersey should also be annexed to us, or we are like to be deserted by a great many of our merchants, who will settle there. Last year two or three ships came in with goods, and I am sure that East Jersey and West Jersey together cannot consume over £1,000 worth of goods in two years, so that the goods must have been smuggled into New York. Again, under the present arrangement, privateers can come to Sandy Hook and take what provisions and goods they please from that side. The other day, too, an interloper landed five and a half tons of ivory there. To prevent all this, I request orders to erect a fort there. The proprietors of the Jerseys would find annexation an advantage to them, for it would save them the cost of Government. Amboy should not be made a port; one port is sufficient to serve us all. I desire instructions whether I have a right to order all vessels that come to Sandy Hook up to New York, as East Jersey pretends to certain rights. West Jersey should also be annexed, for the same reasons as East Jersey.
The three lower counties of Pennsylvania used to be dependent on New York, and I do not believe that it was intended to be annexed to Pennsylvania, being the King's own land. Mr. Penn has been of great detriment to us herein, by preventing the tobacco from coming here as heretofore. Only one ship comes now for two that came before, beaver and peltry taking up but little space. It is indeed very necessary for the advantage of this place and of the King's revenue that the tobaccos of these countries may be imported here without paying the duty of a penny a pound. We should not then be in such straits for revenue, their trade would increase, and New York would become a magazine for the neighbouring provinces. Care also would be taken that the tobacco should be truly returned to England, as a great deal of it now goes another way. We should have so much regard to the advantage of this port that we should take good care to prevent this. Again, formerly we used to make damaged tobacco, which was not fit to send to England, into rolls, and send it to the Indians in exchange for furs. But now the Indians are obliged to plant tobacco for themselves, or to seek it in some other place and carry their furs thither. The revenue thus loses doubly, first the ten per cent. which the tobacco would pay on going up the river, and, secondly, the duty on the furs that would be brought. Moreover, if Pennsylvania be continued as by charter, it will take in most of the five nations to westward of Albany and the whole peltry trade of that place, to the depopulation of this province. We have lived in peace with the Indians for fifty years; the Indians annexed those lands to this Government forty years ago, and have renewed the annexations with every Governor, Dutch or English, and with myself in particular, who granted them a large consideration for them. They declare that they will sooner live on the other side of the lake than live under any other Government but ours. Attempts have been made, though in vain, to induce some of our traders who speak the language to go and live on the Susquehanna river. The five nations are the most warlike people in America, and are a bulwark between us and other tribes. They go as far as the South Sea, the North-West Passage, and Florida, to war. New England would have been ruined in her last Indian war had not Sir Edmund Andros sent some of the five nations to their help, and, indeed, all the Indians are tributary to them. I suffer no Christians to converse with them, except at Albany, and then only with my leave. Since my arrival the people of Boston have made them presents in acknowledgment of friendship, and I was forced to go with Lord Effingham to make the late peace. I enclose what the nations who conquered the Susquehannas requested of the King in Lord Effingham's presence, and I believe that it cannot safely be refused. It has always been a great expense to this Government to keep them well disposed; but it is worth while, for I can have four thousand of their men at call. I cannot believe that the King meant to alienate so large a portion of this province; so if he would run a line from 41° 40' in Delaware river to the Susquehanna, and let Mr. Penn keep all below, it would be sufficient for him, being reckoned to be larger than all England, besides the lower countries, which is nearly a hundred miles by thirty.
To preserve our fur trade, I would ask leave to build a fort on the Delaware in latitude 41° 40'; another on the Susquehanna, where Mr. Penn's bounds shall terminate, and another at Oneigra, near the great lake, on the way whereby our people go hunting and trading. It is very necessary for our trade and correspondence with the Indians, and for securing our right to the country. The French claim as far as the Gulf of Mexico, but with no other ground than that their priests have lived for twenty years among the Indians. They still have missionaries among the five nations, and have converted many, and have drawn away several to Canada, as they will continue to do, to our great prejudice, unless checked. I have, however, prevailed with the Indians to return from Canada, on condition of furnishing them with land at Serachtaque, about fifty miles above Albany, and furnishing them with priests. I therefore beg that five or six priests may be sent as soon as possible. These Indians have ten or twelve castles (as they term them), all far apart, so that there is need of six priests, half to travel from place to place, and half to live with the Christians. The French priests will then be obliged to retire to Canada, and the French will lose all claim to the country. I find that a very small matter will serve the French for a pretence of right. Thirty years ago the French attacked a castle of the Maquas, containing only old men and women, while the rest of the tribe was abroad at war. The rest of the tribe pursued them to Senectady, where they would have certainly cut off every Frenchman, but for the intercession of a friendly Dutchman. Nevertheless from that time the French fancy that they have a right to the country as far as that place.
Our great dispute with the French here is about the beaver-trade, wherein they have the better of us, and that simply by their greater industry in exploring the country. Before my arrival, no man of New York ever went beyond the Senecas' country. Last year some of them went trading among the Ottawas, about three months' journey west and north-west of Albany, and brought back a good many beavers. They found the people better inclined to trade with them than with the French, who are not able to protect them from our Indians. Last week I sent for some of our Indians to New York, and made them promise to go along with our traders to those far nations, carry back their prisoners, restore them, and make peace. Thus a path may be opened for these far Indians to come with safety to trade at Albany. I hear the French have built a wooden fort on the way thither, and that there are two officers with men occupying them to obstruct our passage. I am sending a Scotch gentleman, Mr. Gregor, with our people, with orders not to disturb the French. Ever since my arrival, it has been no small trouble to keep the Senecas from going to war with the French. Mons. De la Barre was very hot on it, and brought a number of men to Cadaraqui, a place on the lake, with intent to fall on the Indians. Hearing of this, the Indians came to me for leave to enter Canada with fire and sword. I refused; but wrote to M. De la Barre that these Indians were our subjects, that he must not molest them, and that if there were any grievance or dispute I would settle it. I also put up the Duke's, now the King's arms, on the castle at Oneigra. The present Governor, M. Denonville, writes me that he is anxious for good relations between the two Governments, and I hope that he will be as good as his word, though he keeps great stores and five hundred men at Cadaraqui. Last spring he sent one De la Croa with fifty soldiers to the North-West Passage, where, as I am certainly informed from Canada, he took three forts. A thousand men came to Canada from France two years ago with the new Governor, and three hundred the year after, but I am told that they are mostly dead from the cold. We need not fear them so long as the Indians are our friends, and still less if we can persuade the Christian Indians to leave them for us. Last year there was brought to the Governor a list of 17,000 French inhabitants, of which 3,000 fit to bear arms. We must encourage our young men to go beaver-hunting, as the French do. I send a map, by which you will see how the countries lie, and where we must build our forts to secure the beaver trade. It shews also a great river discovered by the Frenchman La Salle, who is said to be returning from France with three ships to settle there. If he does, it will be inconvenient for the Spaniards, as well as for ourselves, for the river runs from the great lakes to the Gulf of Mexico, and it is believed that New Mexico cannot be far from the mountains adjoining it. If you think fit, I could send a sloop or two from hence to discover that river.
5. Connecticut may have 3,000 men fit to bear arms. There are few Indians there. Their trade is small, mostly with Boston, the West Indies, and ourselves, and they have only a ketch or two and a few sloops. The country is very good; plenty of good harbours and two considerable rivers. New London is a very good harbour for shipping. 6. We have always been on such good terms with our neighbours that they desire nothing more than to be part of this Government. Connecticut would far rather join us than join Boston. 7. Answered in No. 4. 8. Our land here is generally barren and rocky except on the Susquehanna, and up the country among the Indians. What good land we had by the sea was mostly taken from us by Connecticut and the Jerseys. What is left is pretty well settled. When I came I found little quit-rent reserved, but I have induced a good many people to pay quit-rent. 9. The principal towns are New York, Albany, Kingston, and Esopus; the buildings in the first two are mostly of stone and brick. In the country the houses are mostly new built, two or three rooms to a floor. The Dutch are great improvers of land. New York and Albany live wholly on trade with England, the West Indies, and the Indians. Exports to England are peltry, oil, and tobacco; to the West Indies we export provisions and receive rum and molasses. There are nine or ten three-masted vessels of eighty to a hundred tons burthen, two or three ketches of forty tons, and twenty sloops, all of which trade to England, Holland, and the West Indies, except a few that trade on the river to Albany. 10. This is answered under head 24. 11. A thousand ships may ride here safe from wind and weather. I send a map showing the soundings, from the coming in of Sandy Hook to the northernmost end of the Island. 12. Answered in No. 4. 13. We and our neighbours have sufficient convenience for transporting timber. I will send over boards of what dimensions you please for trial. The three-inch planks I have for the batteries cost me fifteen shillings a hundred feet. 14. I cannot answer at present. I can give no certain account of the number of the population, but am endeavouring to ascertain it. 16. I do not believe twenty families from the British Isles have arrived here for the last seven years. In Long Island, however, the people increase so fast that they complain of want of land. But several French families have arrived here since my coming, from St. Christopher's and England, and many more are expected. Several Dutch families also have arrived, which is another argument for annexing the neighbouring Colonies, to keep a truer balance between British subjects and foreigners. I enclose a petition from the new-come naturalised French. 17, 18. I have not yet had time to ascertain the births, marriages, and deaths. 19. I have answered as to shipping in No. 9. 20. The first obstruction to trade is the hindrance to the importation of tobacco from the three lower counties of Delaware. A second obstruction is due to the want of a King's officer at Newfoundland; formerly our sloops went thither with provisions, and brought back fish, which was sent to England, to pay for English goods. We have made several rules of our own for the regulation of trade, the chief being that no goods, the produce of Europe or the West Indies, be imported, except from England or such part of the West Indies where such commodities are produced, without paying a duty of ten per cent. to the King. 21 is already answered. 22. The revenue is collected by an impost on liquors and by a duty of two per cent. on all imports, excepting certain specified goods, which pay 10 per cent.; on every barrel of powder twelve shillings, on every hundredweight of lead six shillings, and every gun or gunbarrel with a lock six shillings. There is also an Excise, and an export duty on furs. Quit-rents at my arrival were inconsiderable, Sir Edmund Andros having reserved few, but I have contrived to increase them. The revenue officers are Mr. Lucas Santen, Collector; John Smith, his deputy, whom he brought from England; and John Hatlow, his servant, who is waiter and searcher.
I gave orders to Mr. Santen that he must make no journey into the country on pretence of the King's business, and thereby put the country to expense, but inform me, who would get the matter looked to by the sheriff or justice on the spot. I went up to Albany myself to settle matters there, and made one Robert Livington Collector and Receiver, with orders to account to Mr. Santen for the money that passed through his hands, and a promise of a shilling in the pound thereon for his emolument. At Esopus the Collector, Thomas Garton, had been put in by Mr. Santen, but had sent him no accounts for the past three years, as I now discover. I therefore sent for him, when all the accounts that he could produce was a scroll with a confused account of about £200, his story being that his accounts and papers had been accidentally burnt. All that I could get from him, therefore, was a bond for £200. I have since set the excise of that county alone at £110. I have no account from Richmond County, and in West Chester county Mr. Collins, the Collector, has given no account. Mr. Santen tells me that he took two bonds from him for money payable in March next, but I look upon that as nothing. The revenue of the county is lost. The first year £52 was offered for the excise of Long Island, which I thought unreasonable for the best peopled place within the Government, so I gave a commission to Mr. Nicholls and Mr. Vaughan to collect it, agreeing to let them have £40 and account to Mr. Santen for the rest. For the last two years one Henry Filkin has been Collector, with £30 a year. The people there are refractory, and loth to have any commerce with New York, hence the law imposing ten per cent. on all imports not the actual produce of the colony which exported them. They thought it a hardship to have to come here to clear, so I allowed them a port, and appointed Mr. Arnold Collector, with £52 a year. But notwithstanding this, the people would not trade with our merchants, but preferred Boston. I therefore ordered that all ships for Boston should first enter and clear here, and I have a bark with soldiers on board to cruise there.
The first year I left everything to Mr. Santen, but finding things ill-managed, I gave him several warnings, but with ill return for my kindness. At the end of the first year I asked for his accounts for audit, which he promised me from time to time, but always flew into a passion at the mention of money or accounts. I therefore forbade him my presence, and receiving no more satisfactory answer to messages sent through my Secretary, I brought him before the Council, where he was often ordered to produce his accounts, but without result. At last the accounts came, and the Council was greatly surprised to find the revenue for eighteen months amount to little more than £3,000. Examination shewed a number of frauds, which were proved against Santen. I then ordered him to remove John Smith from his post of Surveyor of the Custom House, believing in charity that this man had cheated him, but he would never comply. Smith then grew insolent, and put Santen upon worse measures, on which Santen was turned out of the Council. John Hatlow, who was Waiter and Searcher, has, I am told, applied to the English Custom House for the post of Collector here. His charges for expenses of travelling are, as you will see, extravagant, and as he would produce no warrants, I put in one Larkon, who was turned out by Santen for not obeying an order of his. As we proceeded with Santen's accounts, we ordered him, for greater check thereon, to give in a weekly account every Saturday, but this order also he disobeyed. Repeated orders to have his accounts ready to send home by this bearer were equally disregarded, he alleging that his accounts ought not to be audited here. I took a different view, and was supported by the Council.
Finally charges were formulated against him, and the Council, as you see, says positively that he has been an unfaithful servant to the King. I tried to persuade him to give security for the balance due from him and for his better behaviour in future, but to no purpose, for he continued obstinate. I still forbore anything public against him until the second audit, when at last he brought in his books, unsigned, but refused to leave them. They were, therefore, copied, and after much ado signed, when he also brought in another account, which is extravagant beyond conception. The auditors desired to have his papers to compare with his books, and as he refused to give them, they were seized, and he was suspended from his office of Collector. Among his papers were found charges against myself, which are wholly false. It is true that the poor gentleman since his arrival has been troubled with three or four hypochondriac fits, and was in one of them when the names of the Council arrived here, so that it was thought inadvisable for the present to swear him. He has no more skill for business than a child; and I believe that if I had not watched the revenue carefully, the loss would have been greater than it is. In his commission he is allowed £200 a year, as Dyre had in Sir Edmund Andros's time, of which £100 was for his officers. I refused to increase this allowance, but Santen insisted that his salary was meant to be sterling, and to make it so he charged thirty-three per cent. advance and a hundred pounds for his officers. He wished Smith to have £140 a year besides his salary as Surveyor, and Hatlow £90 a year and £160 for two voyages to England with despatches. Yet with all this he has never paid them their salaries. Again, he bought a rotten little sloop for the King's service, for which he charges £700, though not worth £30. Again, though he is forbidden by his instructions to trust out the King's money, I was forced to take notes from him to the amount of £800. He has been negligent in taking bonds from masters of ships, and has behaved ill in the matter of interlopers. The debts which he claims before the auditors have most of them already been received by him, and the rest will never be collected. Even by his own confused accounts he is over £1,750 in debt to the King, which is all gone, as well as his salary and perquisites. He is uniformly abusive to the Council, but of that we take no notice, and he is very troublesome in his management of the Customs. I have made my statement against him as moderate as possible, for I bear him no malice.
Now as to the expense of the maintenance of the Government to me, and what will be requisite for its future support. It was hard upon me when I came to find no regular revenue established, the forts in bad condition, three garrisons to maintain, a dispute with Canada over the beaver trade, inland country and the beaver trade to purchase, with a long journey up the Hudson river and inland, great expenses over the first sitting of the Assembly, over the entertainment of Lord Howard of Effingham, Mr. Penn, the Commissioners from Boston, Connecticut, and East and West Jersey, the tracing of the boundary between this and East Jersey and Connecticut, and finally the expense of the establishment here. I send an estimate of the constant expenses of the Government, including allowances for the Council, Judges, and Attorney-General, which, though not at present allowed, at any rate ought to be. The Councillors give up much time for nothing, and the salaries of the judges are too small. The charge is heavy, but there would have been no debt if Santen had done his duty. The revenue is paid without grumbling, but unless Connecticut be annexed, the Government can hardly be selfsupporting. Mr. Santen charges me with covetousness in not making greater allowances to officers. Niggardly I have not been, but the revenue has been small to meet the current charges. I have not only disbursed my own small perquisites, but have pledged my credit and even pawned my plate for the King's service. I have even now sent some of it home to pay my debts, and to provide clothes for the soldiers.
I now proceed to answer Mr. Santen's charges against me. 1. The charge of co-partnership in a trade with France is disproved by the testimony of Mr. John Spragge and Mr. Gabriel Miniell annexed. 2. The charge of co-partnership in trade to Newfoundland is disproved by Major Brockholes' testimony, annexed. 3. I never had any share in privateers, nor in the wreck. See the evidence of Messrs. Flipson and Breakman. 4. I have no share in Mr. Antill's vessel, though I hold it as security for a debt. 5. This is disproved by Mr. Beckman's testimony. 6. I know not who were the appraisers who undervalued the condemned sloop Lanhater. I made no profit out of it. 7. I did not order Lord Nial Campbell's goods to be entered and stored without examination. 8. The Scotchman who stabbed a Custom House officer was released on that officer's intercession, and not acquitted by me. 9. Mr. Santen, in one of his fits, took to issuing his own warrants, which, of course, were not executed, but sent to me. 10. I have already said enough as to any alleged covetousness and pinching of officers. 11. I did agree about the Excise of Long Island, as I have said before, but I never received any money for licences, either from Nicolls or Vaughan. 12. I dismissed Richard Pretty from the Surveyor's place at Albany, because being Sheriff he would not attend to his work. I put in William Shaw in his place, because he had a good reputation as an officer. 13. I have already explained why I dismissed John Smith from his office. 14. I did not sell the pasture at Albany, for it is not the King's. The town of Albany belonged to the Rensselaers, whom I persuaded to release their claim thereto, and then passed a patent for it to Albany, reserving only a small plot of this pasture for the garrison. They did not give me £700 for it; I am promised only £300, which is nothing like the amount of my perquisites, viz., ten shillings for every house, and for every hundred acres. 15. I gave Judge Palmer a lease of the reversion of a farm of the King's in East Jersey, because it was a constant source of dispute with East Jersey, and it was more convenient to part with it than keep it. 16. As to the charge that I alienated property belonging to the inhabitants of Hempstead, the Surveyors decided that it was not their property. 17. The Attorney-General has received fees for renewal of patents by the inhabitants. In the old patents there was no acknowledgment to the King; the new ones, which were cheerfully taken out by the people, reserve him a quit-rent. 18. As to Mr. James Graham, as Recorder, prevailing with me to give the city all waste ground, to the injury of the inhabitants, the waste ground in question is a dock reclaimed from the sea by the inhabitants themselves. Besides these charges, there are memorandums of others which Mr. Santen intended to prefer against me. I shall deal with these briefly and at once. I never refused Santen a list of the quit-rents, and I have never drawn corn from the King's granary without accounting for it. Judge Palmer and Mr. James Graham have been good and faithful public servants, though they may not be agreeable to Mr. Santen. Santen's accusations as to sloops that go hence to Newfoundland is due to a quarrel between him and Major Brockholes, when he maliciously seized the Major's sloop and was compelled by me to restore it. The story of the rest of the sloops may be summed up in a few words.
I now resume. Answers to queries 23 and 24. New York has four ministers, an Anglican, a Dutch Calvinist, a French Calvinist, and a Dutch Lutheran. There are few Anglicans or Roman Catholics; plenty of quaker preachers, singing Quakers, Ranting Quakers, Sabbatarians, Anti-Sabbatarians, Anabaptists, Independents, Jews. In short, there are some of all sorts of opinions, while the most part are of none at all. The great church, which serves both English and Dutch, is inside the fort. This is very inconvenient, so I desire an order to build another. The ground is laid out and the money is ready. Dutch Calvinists are the most numerous sect. 25. People bring up their children in their own faith, but take no care to convert their slaves. Every town and county is obliged to maintain its own poor, and there are no idle beggars or vagabonds; but I find it a hard task to make the people of Long Island and other parts pay their ministers. Signed, Tho. Dongan. Postscript.—Since writing the above, I have found some memorandums of Sir Edmund Andros that he actually went out with an armed force to annex Connecticut in 1676, so convinced was he that this was necessary for New York. It is far more necessary now that we have lost Delaware and the revenue that Sir Edmund Andros had from the Jerseys. I therefore plead again for the annexation of Connecticut. I have to report that I have ordered vessels bound to Amboy to come here to clear. I hear that the people of Pennsylvania had more than two hundred packs of beaver brought down by the Indians last year, and will have more this. If this goes on this Government cannot be expected to support itself. I have, after much opposition from Mr. Santen, recovered £140 out of £190 due to the King by one of Santen's service. It was necessary to put him in prison before he would pay. I have also caused John Smith to be arrested for the public money that he has received on pretence of salary. Santen has been so abusive and unruly since his arrest that we are forced to send him home. I give a list of the present Council and of the new members that I recommend. 79 pp. Endorsed. Recd. 9 May 1687, per Mr. J. Spragge. [Col. Papers, Vol. LIX., No. 75, and Col. Entry Bk., Vol. LXIX., pp. 1–117.] Annexed,
1,160. I. Charges of Lucas Santen against Governor Dongan. 20 pp. These may be gathered from the foregoing abstract.
1,160. II. Certificate of John Spragge and Gabriel Miniell, that Governor Dongan had never made any proposal to them as to a direct trade with France. Sworn 22 Jan. 1687. ½ p. Endorsed. Recd. from Mr. Spragge, 9 May 87.
1,160. III. Testimony of William and John Beckman, contradicting Santen's charges as to Dongan's exaction of a share in a vessel, and of excessive sums for the condemnation of the ship Bachelor's Adventure. 1 p. Dated and endorsed as the preceding.
1,160. IV. Petition and appeal of Lucas Santen for the return of the papers seized from him; with order of the Governor of New York in Council, that the papers shall be returned except the charges against the Governor and the letters to the King and Lord Treasurer, &c.; and granting Santen permission to sail to England on giving security to pay the money due to the King and a bond in £5,000 to surrender to the King's officers on arrival. 2½ pp. Endorsed. Recd. 18 May 87.
1,160. V. Petition of John Palmer and Matthias Nicolls, Judges, to Governor Dongan; asking for an increase of salary, £100 a year being insufficient. 1 p. Endorsed. Recd. 18 May 87.
1,160. VI. Deposition of Anthony Brockholes. Denying Santen's charge that Governor Dongan was concerned in a direct trade to Newfoundland. Sworn 28 Jan. 1687. 1 p. Endorsed.
1,160. VII. Petition and last appeal of Lucas Santen to the Governor of New York in Council. For return of his papers, and leave to go to England. Endorsed. Copy of order of the Governor in Council of 3 February 1687. His papers shall be returned, with the exceptions aforenamed, and he can go to England on the terms already mentioned to him. The whole. 1½ pp. Endorsed. Recd. 18 May 87.
1,160. VIII. Deposition of William Nicholls. Contradicting Santen's statement that Governor Dongan had received money from him for licences. Sworn 12 February 1687. ½ p. Endorsed. Recd. 9 May 1687.
1,160. IX. Affidavit of Joseph Throckmorton. As to rough treatment of his vessel by Captain Crofts, of H.M.S. Deptford. Sworn before N. Bavard, Mayor, 4 March 1687. 1 p. Endorsed. Recd. 9 May 1687.
1,160. X. Complaint of Francis Richardson to the same effect as the preceding. 1 p. Endorsed as the preceding.
1,160. XI. Petition of John Smith to Governor Dongan. For release from prison and freedom to go to England to justify himself against the charges of the Attorney-General. 1 p. Endorsed as the preceding.
1,160. XII. Note of Lucas Santen for 1,115 gallons of rum paid in at New York. 1 p. Endorsed.
1,160. XIII. Articles exhibited against Lucas Santen. 13 January 1686–7. Twenty-seven large sheets. Endorsed. Recd. 29 April 87. [Col. Papers, Vol. LIX., Nos. 75, 75I.–XIII.]
March 3. 1,161. Lords Proprietors of Carolina to Governor James Colleton. We learn that a hundred and fifty-three Spaniards, Indians. and Mulattos have fallen upon the outskirts of our settlement, and burnt and plundered seven houses. We hear that the reason is that, notwithstanding the King's commands and our repeated orders, the people of Carolina have received the pirates who have unjustly burned and robbed the houses of the Spaniards. Could any rational man doubt that the Spaniards would seek revenge, and would be justified in seeking it, if this be true? We have also been informed that a design was on foot in Carolina to take St. Augustine, which our Government was ready to countenance, being persuaded that they were justified by our clause permitting invaders to be pursued beyond the bounds of our province. But that clause means only a pursuit in heat of victory, not a granting of commissions and a deliberate invasion of the King of Spain's dominions. You will cause this explanation to be recorded. If the Spaniards invade you, defend vourselves, and by a brisk pursuit of them in the present heat of victory, give them cause to repent their attack. If they or any other Christian nation injure you, let the proofs be transmitted to us, and we will apply to the King for reparation for damage done. But no rational man can suppose that the subjects of any prince can be permitted to make war upon any of his allies for the reparation of their private injuries, or for any other cause whatever, or that any such power was granted by our patent. We have received copy of an Act to levy and impress men and arms for the defence of the Government, in the preamble of which it is said that the Spaniards who invaded you were commissioned by the King of Spain. The name of so great a prince is thus mentioned on the information of a single mulatto, and without your having seen any such commission, or sent to St. Augustine or Havana to ascertain if the Governors knew anything of the invasion. We have reason to believe that the King of Spain knew nothing of it, and we dissent to the Act and to all Acts and Orders made with a view to war with Spain. We see by the Minutes of Council that there was evidence that Mr. John Boone had not only helped the pirates Chapman and Holloway with victuals, but had taken and concealed part of their stolen goods, for which he was rightly expelled the Grand Council. But we hear since that he is again chosen, and is sitting in the Grand Council. This must not be. Men convicted of such misdemeanours must not be chosen again and restored. You will put him out, and see that another is chosen in his place. We are sorry to see the proneness of the Parliament of Carolina to such proceedings, and hope that they will not occur again. Signed, Craven, Albemarle, Bath (for Lord Carteret), P. Colleton. [Col. Entry Bk., Vol. XXII., pp. 106, 107.]
March 3. 1,162. Lords Proprietors of Carolina to Governor James Colleton. We hear that it is insinuated by certain persons in Carolina that the Constitutions of 21 July 1669 are the only constitutions in force in the Colony. To put an end to all disputes, we inform you that before we undertook the settlement of Carolina, we formed a Constitution, whereby we parted with as much power as might secure the inhabitants from oppression, and gave them a considerable share in the administration. But owing to the employment of the proprietors in great affairs of State, the Constitutions were not ready in time to be despatched by the ships of that year. It was thought best, however, to despatch the ships, though the Constitutions were not perfected, and to send out a Royal draft of them, so far as they were complete, to show our intentions, and to serve for a temporary form of government. He was ordered to make use of them for the present, if the completed Constitution should not overtake him. Owing to the King's making a progress and the proprietors being obliged to attend him, the Constitutions were not perfected until the following winter, but were finally signed and sealed on 1 March 1669–70. Of those sent out in the previous year not so much as a copy was kept. We do not own them as the Constitutions of Carolina, except for the temporary purpose above-named, nor have we given any order to put them in execution. As to those of 12 January 1681–2, they differ little from those of 1 March 1669–70. If there be anything in them detrimental to the people, we shall be willing to consider it, and if necessary, alter it. Our intentions in the original changes were for the good of the people, and, we are told, have been acknowledged to be so by the very men who have made the greatest stir in the matter. There would be no satisfying them except by yielding altogether to their ambition. The Constitutions of 21 July 1669, therefore, are nothing, as we have explained above. Signed, Craven, Albemarle, Bath (for Lord Carteret), P. Colleton. [Col. Entry Bk. Vol. XXII., pp. 108, 109.]
March 3. 1,163. Lords Proprietors of Carolina to Lord Cardross. We have seen your letters complaining of ill-usage in Carolina, and regret that any should have forgotten the respect due to your quality. We disapprove of their ill-behaviour, and believe that they are now sensible of their error. We shall, in fitting time, apply to the King for reparation for the damage done by the Spaniards. Signed, Craven, Albemarle, Bath (for Lord Carteret), P. Colleton. [Col. Entry Bk., Vol. XXII., p. 109.]
March 3. 1,164. Act of Carolina for restraining furnishing privateers, passed 23 November 1685. Ratified by the Proprietors, 3 March 1686–7. Signed, Craven, Albemarle, Bath (for Lord Carteret), P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII., pp. 110–112.]
March 3. 1,165. Instructions to James Colleton, Governor of the Province of Carolina, South and West of Cape Fear. These include orders to arrest Governor James Moreton to answer the complaint against him of encouraging privateers (3); to arrest Robert Quarry if one Browne, whom he entertained, prove to be not a trader but a pirate (4); and several more relating to the harbouring and abetting of pirates. Signed, Craven, Albemarle, Bath (for Lord Carteret), P. Colleton. [Col. Entry Bk., Vol. XXII., pp. 103–105.]
March 3. 1,166. Minutes of Council of Maryland. Evidence given as to the alleged treasonable words used in reference to the Duke of Monmouth. A letter was produced from Mr. Robert Cooper as to an endeavour to make him swear falsely in the case of Mr. Blakiston. Order for enquiry into the matter. [Col. Entry Bk., Vol. LIV., pp. 85–88.]
March 4. 1,167. Lords of Trade and Plantations to Governor Sir Nathaniel Johnson. Ordering him to appoint suitable places for the riding of ships and the shipping of produce; also to ascertain the value of sugar, and take care that it is not accepted in payment of the King's revenue at an excessive rate. Signed, Sunderland, Peterborough, Bath, Craven, Powis, Plymouth, Preston, N. Duresme. [Col. Entry Bk., Vol. XLVII., pp. 249, 250.]
March 5. 1,168. Minutes of Council of Maryland. Judicial business. Order for adjusting the boundaries of Virginia and Maryland at Asseateague Island, on the Eastern shore. [Col. Entry Bk., Vol. LIV., pp. 89, 90.]
March 7.
1,169. Robert Beverley to William Blathwayt. Forwarding copy of the Journals of the House of Burgesses up to date of dissolution on 17 November 1686. Signed, Robert Beverley. ½ p. Endorsed. Recd. 9 May 87. [Col. Papers, Vol. LX., No. 1.]
March 7. 1,170. Minutes of Council of Maryland. Richard Jones appointed Coroner of Kent County.
March 8. Order for the prorogation of the Assembly. Copy of the proclamation for the purpose. Order for the survey of Asseateague Island by Colonel Lowe and Colonel Digges. James Heath appointed Clerk of the Assembly, by Lord Baltimore's order. Commissions for Captain Brande's troop of horse ordered.
March 9. Nicholas Lowe appointed Coroner of Talbot County. [Col. Entry Bk., Vol. LIV., pp. 90–93.]
March 3.
1,171. The Council of Jamaica to Lords of Trade and Plantations. On receipt of your letter of 6 July last, the Lieutenant-Governor called a Council, giving notice to Colonel Robert Byndloss to be present, to enquire into Byndloss's accusations respecting the interloping ship Hawk. Powers were given to two justices of the peace to examine upon oath all witnesses called by Byndloss. A second Council was called when Colonel Byndloss was present; a report whereof was made which seemed to us to be taken ex parte, Colonel Barry, who is mentioned in the same, having received no notice to attend. The depositions were taken and are herewith enclosed [wanting]. You will see that they are inconsistent with themselves, and in some respects contradictory, though in the main they lay a very positive imputation against Mr. Beeston and Mr. Rainesford Waterhouse, of being concerned in the cargo if not in the ship, but these gentlemen not being here to answer for themselves, we must consider them as the depositions represent them until they can acquit themselves before you. William Elletson and Martin Wilkins appeared before us, and their evidence is enclosed. Colonel Barry also declared before us that he was in no way concerned with the ship, and Colonel Byndloss said that he believed he was not. However, Colonel Barry asked leave to answer what related to him in the depositions, and presented a written statement to us. The number of negroes concerned does not seem to us to have exceeded seventy. We should have gone into this matter without your order had Colonel Byndloss given us earlier notice. Signed, Cha. Modyford, J. Fuller, Jo. Cope, John Bourden, John White. 3 pp. Endorsed. Recd. 2 June 87. Enclosed,
1,171. I. Deposition of Martin Wilkins, taken 10 Feb. 1686–7. Denying that he ever had an order from Mr. Beeston to receive negroes from the ship, or that he did receive them. Certified copy. ½ p. Endorsed. Recd. 2 June 87.
1,171. II. Deposition of William Elletson. That he heard Wilkins say that he had Mr. Beeston's orders to receive negroes from the ship, and did receive two. Taken 10 Feb. 1686–7. Certified copy. ½ p. Endorsed as the preceding.
1,171. III. Statement of Colonel Samuel Barry. I am charged with being one of the four owners of the interloping ship Hawk. The whole of the evidence against me is contradictory, as I shall procead to show. I deny that I had any share in the ship, nor sold any of her cargo for myself or Colonel Beeston. The ship was not consigned to me. Moreover, I was not present when these depositions were taken. If Colonel Byndloss knew of any malpractices here why did he not complain to the Governor, instead of sending home malicious letters? Had he given information when the ship was at Port Maria and the captain at Sir Henry Morgan's house close by, feasting on a fat guinea goat, then the Government could have made some use of his services. Byndloss has never forgiven me for supporting the authority of Sir Thomas Lynch against him, and his inveteracy against Sir Thomas is shewn by the disrespectful tone of his letter. Signed, Saml. Barry. 3 large pages. Endorsed. Recd. 2 June 1687. [Col. Papers, Vol. LX., Nos. 2, 2I–III., and (without enclosures) Col. Entry Bks., Vol. XXXII., pp. 21–24, and Vol. XXXVI., pp. 167–169.]
March 8. 1,172. Minutes of Council of New England. The Committee, on the revision of the laws, proposed that several of the existing laws should be continued. Order for preparing bills accordingly. Bill for preventing Indians selling land passed, with a clause disqualifying Englishmen from trusting them to the extent of more than ten shillings. Order for exemption of the inhabitants of New Bristol from the rate lately imposed in consideration of their purchase of Mounthope Neck. The King's order as to foreign coin read, certain merchants called in for consultation thereon, and an order issued fixing the value of pieces-of-eight. Order for continuance of existing justices of the peace, and of all local laws not repugnant to the laws of England, and for publication of the King's declaration of indulgence, and of the new laws passed by Council. [Col. Entry Bk., Vol. LXIV., pp. 116, 117.]
[Mar. 8.] 1,173. Abstract of the depositions enclosed in the foregoing despatch. The originals are wanting. 5½ pp. Endorsed. [Col. Papers, Vol. LX., No. 3.]
[Mar. 8.] 1,174. Abstract of Colonel Barry's answer (see No. 1171III.). 1¼ pp. Endorsed. [Col. Papers, Vol. LX., No. 4.]
March 9. 1,175. Minutes of Council of Antigua. Order for a file of men from each company to pursue the runaway negroes, said to be forty or fifty strong and armed with guns, in the mountains, and take them dead or alive. Order for mounted patrols on Saturday afternoons and Sundays to take up all negroes that they meet with who have not tickets. [Col. Entry Bk., Vol. XLVIII., p. 99.]
March 10. 1,176. Journal of Lords of Trade and Plantations. Draft proclamation for suppression of pirates read and approved. Instructions ordered for the Duke of Albemarle to secure pirates' goods. Colonel Molesworth's letter of 5 November read, as to quit-rents. Order for an additional instruction to the Duke of Albemarle to discover the quit-rents.
A paper from Sir Nathaniel Johnson read (see No. 1,178). Agreed to refer it to Mr. Pepys.
Sir John Hoskyns's petition read (see next abstract), and reserved for consideration.
Memorandum of documents sent and received. [Col. Entry Bk., Vol. CIX., pp. 54–59.]
[Mar. 10.] 1,177. Petition of Sir John Hoskyns. The late King was disposed to favour my petition for the grant of Ascension, Trinidad, Santa Maria, Martin Vaz, and dos Picos, islands lying about twenty degrees east of Brazil. I beg the grant of them from your Majesty. Signed, John Hoskyns. 1 p. Endorsed. Read 10 March and 15 June, 1687. [Col. Papers, Vol. LX., No. 5, and Col. Entry Bk., Vol. C., pp. 14, 15.]
[Mar. 10.] 1,178. "Memorandum touching the French and Indians in the Leeward Islands." There is a fort at Nevis under which the French sail daily to and from their own part of St. Christopher's. On sight of any shipping the King's flag flies on this fort, but the French refuse to salute it, whereupon Sir William Stapleton has fired at them. Complaint has been made but no order has been given, though the late treaty makes it the more needed. There are also many hostile Indians intermixed with the French at Guadeloupe, who frequently make descents and inroads upon the English, and are supplied with ammunition by the French. Should not new instructions be added, in view of the late treaty, to answer the following difficulties? 1. Whether the English may pursue the hostile Indians to Guadeloupe or any other place where they mix with the French. 2. Whether they may kill or make prisoners of such French as protect them. 3. Whether the supplying of those Indians with arms by the French be not a breach of the treaty. 1 p. Endorsed. Read at the Committee, 10 March, 1686. [Col. Papers, Vol. LX., No. 6.]
[Mar. 10.] 1,179. Draft of the foregoing, as far as it relates to the saluting of the flag, with corrections; with an addition stating that Sir Nathaniel Johnson begs for instructions. 1 p. Endorsed. Dd. to Mr. Pepys. May, 1687. [Col. Papers, Vol. LX., No. 7.]
March 10. 1,180. Lords of Trade and Plantations to the King. As to the proposals of Sir Nathaniel Johnson, Mr. Pepys will promise a regulation as to salutes according to agreement made between the two nations. As to the trouble with the Indians, we do not think that the English can pursue the Indians when they take refuge within the jurisdiction of the French, but may pursue them elsewhither and destroy them, together with those that protect them. As to the supply of arms to Indians by the French, it is forbidden by the third article of the Treaty of Neutrality. [Col. Entry Bk., Vol. XLVII., pp. 246, 247.]
March 11. 1,181. Lords of Trade and Plantations to the Secretary of the Leeward Islands. Ordering the transmission of quarterly returns of the transactions of his office. Signed, Sunderland, Craven, Peterborough, Bath, Powis, Plymouth, Preston, N. Duresme. [Col. Entry Bk., Vol. XLVII., pp. 242, 243.]
March 11. 1,182. The same to the Governor and Council of the Leeward Islands. Ordering transmission of quarterly returns of the transactions of Council of imports and exports. Signed as the preceding. [Col. Entry Bk., Vol. XLVII., pp. 244, 245.]
March 12. 1,183. Minutes of Council of New England. The four acts already passed, and the proclamations as to foreign coin and local laws were published with trumpet and drum. [Col. Entry Bk., Vol. LXIV., p. 118.]
March 13.
1,184. Minute of Lord Middleton. Referring three papers concerning Tobago from the Duke of Courland's envoy to Lords of Trade and Plantations for report. Signed, Middleton. ½ p. Endorsed. Recd. 12 April. Read 13. April. Annexed,
1,184. I. "An impartial account of the true state of the case concerning the Island of Tobago." The late Duke Jacobus of Courland bought the island from the Earl of Warwick, with consent of King Charles I., and enjoyed it for many years, till a wealthy Zealander, taking advantage of the Duke's imprisonment during the war between the Swedes and the Poles, dispossessed him of it. The Duke, after his restoration, prevailed with the late King to settle him in it, on condition of yielding Gambia in Guinea to him. The King signified this grant to the States-General, but without effect. During the Dutch war the English plundered the island and burned the port, but the Dutch returned at once and prevented the Duke from taking possession. This happened again in the second Dutch war, and though the Duke asked that his settlement in the island might be inserted in the treaty of peace, this was not done. Count d'Estr_es later drove the Dutch from the island, but the French were forbidden to settle therein, as it was the property of a neutral prince. When the Duke applied to the King of England to ask the Dutch for peaceable possession of the island, the King answered that he did not think the treaty with him could be said to be alive, but promised his good offices. Ultimately the Duke sent a Governor to the island, who returned alone, and a second who died. The Duke then died, and his son sent a third Governor with four hundred men, who are still there, but do not know how to settle an island. The Duke's envoy therefore begs for a small number of English subjects to help them, reminding the King that from 1645 to 1650 the late Duke supplied King Charles with ships, arms, and ammunition. The grant of the island to the Duke cannot be considered invalid, for all conditions incident to it have been fulfilled; and Tobago has so many avenues whereby an enemy may enter that it is only fit to be in the hands of a neutral prince. 4½ pp. Endorsed as the preceding.
1,184. II. Abstract of the foregoing. 2½ pp. Similarly endorsed. [Col. Papers, Vol. LX., Nos. 8, 8I, II.]
March 14. 1,185. Sir Nathaniel Johnson's receipt for the new seal of the Leeward Islands. Obverse: " His Majesty's royal effigies representing Neptune in a chariot drawn by two sea-horses, and robed with his royal robes and crowned, with a trident in his left hand." Reverse: The Royal arms. Signed, N. Johnson. 1 p. Endorsed. [Col. Papers, Vol. LX., No. 9, and Col. Entry Bk., Vol. XLVII., p. 246.]
March 14. 1,186. Sir Nathaniel Johnson's receipt for papers delivered to him. Signed, N. Johnson. 1½ pp. [Col. Papers, Vol. LX., No. 10, and Col. Entry Bk., Vol. XLVII., p. 247.]
March 15. 1,187. Instructions to the Duke of Albemarle as Governor of Jamaica. He is not to restore suspended members of Council until the King, on a report on the proceedings, gives orders. He is to foster the negro trade with Spain and countenance the agents of the Coymans with that object. Appeals in cases of £300 and upwards will lie to the Governor in Council, of £500 and upwards to the King in Council. A law, similar to that in Ireland, against absentee office-holders to be considered. White servants are to serve for four years. Every man importing servants shall receive thirty acres for each, and the servants themselves shall have thirty acres at the end of their term. [Col. Entry Bk., Vol. XXXI., pp. 261–296.]