America and West Indies: May 1701, 12-15

Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Originally published by His Majesty's Stationery Office, London, 1910.

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'America and West Indies: May 1701, 12-15', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, ed. Cecil Headlam( London, 1910), British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp226-246 [accessed 3 December 2024].

'America and West Indies: May 1701, 12-15', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Edited by Cecil Headlam( London, 1910), British History Online, accessed December 3, 2024, https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp226-246.

"America and West Indies: May 1701, 12-15". Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701. Ed. Cecil Headlam(London, 1910), , British History Online. Web. 3 December 2024. https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol19/pp226-246.

May 1701

May 12.
Portsmouth.
432. Minutes of Council of New Hampshire. Order of Council, Oct. 22, 1700, repealing the Act for restraining and punishing privateers and pirates, read and ordered to be published.
Representation of Council of Trade, Oct. 9, 1700, and Order of Council, Oct. 22, thereupon, read. [C.O. 5, 789. pp. 15–17.]
May 12. 433. Journal of Council of Trade and Plantations. Mr. Serjeant Darnel and Mr. Montague, together with Mr. Randolph and several other persons who can give evidence in the matter relating to Propriety Governments now before the House of Lords, again attending, a farther progress was made in instructing Mr. Darnel and Mr. Montague in that matter.
May 13. Order of Council, May 8, referring the Petition of Mr. Wm. Bird for the Secretary's place of Virginia, read. Mr. Bird thereupon desiring that Col. Ludwell might offer to the Board some things relating to that office, Col. Ludwell did acquaint their Lordships that the said office is of great importance, being the registry of all the Records of the Province; that it is to be feared it has not of late years been well looked after; that since Col. Wormley has not been able to act and Mr. Jennings has officiated in his stead, it is not well understood who is charged with the records and is answerable for them; that there is seldom any in the office but an under-clerk, and that the people who have business there are put to other and higher charges than the establisht fee. After which, their Lordships desiring those matters or what else he might think fit to offer should be laid before them in writing, he promised to do it.
Duplicate of the Secretary's account signed and ordered to be sent to Mr. Lowndes, to be audited, in order to the passing thereof in the Exchequer, and that the Secretary may thereupon have his quietus.
May 14. Draughts of letters to Lieut.-Governor Stoughton and Lieut.-Governor Partridge agreed upon.
Order of Council, April 30, laid before the Board.
Their Lordships having considered some parts of the Maryland Act for Religion, ordered that Dr. Bray have notice to attend the Board to-morrow. [Board of Trade. Journal, 14. pp. 27–30; and 98. Nos. 86–88.]
May 12. 434. Minutes of Council in Assembly of Maryland. George Plater and George Muschamp, H.M. Receivers, being sent for, H.E. enquired what security they have given for the due execution of their offices, and finding that Mr. Robert Mason and Mr. Philip Clark, who were Mr. Muschamp's securities, are both dead, H.E. required new security. They were ordered to lodge a copy of their accounts of the 3d. per hhd. for arms in the Clerk of the Council's Office yearly, that that Revenue may appear.
Upon the death of Mr. James Rounds, one of the Justices of the Provincial Court, ordered that Lieut.-Col. William Whittington succeed him.
H.E. proposed if it may not be advisable upon this rumour of an unavoidable war in Europe, it should be recommended to the Assembly to consider what measures will be most advisable to be taken to render the Militia here more useful against any sudden emergency or invasion by a foreign enemy. Message sent to the Assembly accordingly. The Assembly presented an Address to H.E. setting forth that the 3d. per hhd. had supplied the Province with a sufficient quantity of arms, though many deficient in quality, and they hoped, money in Bank upon the same fund. They proposed that money out of this fund should be applied to render them serviceable, and some fitting persons in the several counties impowered to receive the money and see the work performed. The Governor and Council decided so to apply the fund, and desired the Delegates to propose what might be expected to be sufficient for each county.
May 13. A message was sent to the Assembly, enquiring if they had come to any resolutions in reference to the proposed conference concerning the Laws.
Petition of the Vestry of St. James's Parish in Ann Arundel County read, praying an Act of Assembly to oblige and impower the Hon. Thomas Tench to lay out and ascertain 100 acres of land given to the Church of that parish by Mrs. Elizabeth Rigby and her husband, Mr. James Rigby. Recommended to the House of Delegates.
Petition of Mr. Peregrine Brown, praying remittance of the duty on 26 negroes who died before sale, read and referred to the House of Delegates.
Petition of the inhabitants of the upper end of King and Queen parish and the inhabitants of William and Mary parish in Charles County read, and referred to the House of Delegates for an Act to be made for redress of their complaint.
The widow Morton's petition read and recommended to the charitable consideration of the House.
Petition of Jasper Yates of Pensylvania, Merchant, praying that Mr. Nicholas Milburn's Estate in this Province may be sold for payment of his just debts, also the petition of Mr. Robert Grundy and Mr. Nicholas Lowe, executors of the said Milburn, praying the same, read, and recommended to the House for an Act to be prepared therefore.
Petition of Col. William Whittington, late Sheriff of Somerset County read, praying remittance of a fine of 1,000lb. of tobacco for not returning his writts in time, because the sloop was cast away by stress of weather. Fine remitted.
Petition of the inhabitants of West Elk and Bohemia Hundred read, complaining of the neglect of their Minister and Mr. Sewell, read and referred to James Frisby, Esq., and Col. John Thompson, to enquire into.
The House of Delegates desired an account of the arms in each county. A Conference was thereupon desired.
The House of Delegates sent up their resolve, upon the Conference, that the Laws in question (May 9) remain under the present establishment until H.M. pleasure be known.
The Conference desired above was held, and the Delegates sent up their approval of H.E.'s proposals, and desired that they might be reduced in writing. They were, that the Colonel of each County should view the arms and keep them in good repaire which are now serviceable, and gett all the rest mended, and what the charges amounts to in each County draw a note upon H.E. And since experience shews the great spoyl has been made in sending the arms abroad, and it is believed that most of the Countys have already arms for their present defence, and in case any are not so supplied, upon application to the Governor they will be furnished, and for the better preserving of the arms for the future in case of a Christian enemy, it is adjudged necessary that a considerable quantity of arms be lodged here, and the Government will take care to provide a fit person to attend the arms here, and keep them in good order at ye charge as you have requested, so that they will be readier to be dispersed, as necessity shall require.
The Governor and Council sent a message to the Delegates that, whereas the Free School we now sit in has been built a great measure by the subscriptions of several private persons well affected to that good design, who are desirous to see the good effects thereof; it is recommended to your House to consider how the best use may be made of the said House, it being now finished, and also that you will take care to provide some convenient sitting place for H.M. Council to sit in in Assembly times for the better dispatch of business, and likewise for an handsome place for ye arms to be lodged, where they may be hung up, there being a considerable quantity to be lodged here.
The Rangers' Account was referred to the House of Delegates.
The Delegates sent up a message agreeing to the Governor's proposals about mending the arms.
May 14. The Delegates sent up a message that the Constitution of the country would not admit of any better law to be made for rendering the Militia more useful, to which this House concurs.
Governor Nicholson communicated to H.E. the proceedings of himself and the Council of Virginia as to the embargoing of ships outward bound for England, and a letter from the Secretary of the Admiralty as to the relief of H.M.S. Shoreham by the Southampton. (Entered.) H.E. required the Board's advice whether the ships now outward bound from the Province should be at present embargoed and obliged to call upon the Shoreham at the mouth of James River and take her convoy home. All the Board, saving Mr. Frisby and Mr. Tench, say that they do not think it advisable, for that we have received no certainty of a war declared, but that the several Collectors and Naval Officers give notice to the several Masters of ships clearing with them that they may, if they think fit for their better security, call in Virginia and take the opportunity of the Shoreham's convoy, of which H.E. the Governor of Virginia has been so kind to give notice to this Government.
Read some proceedings of the Governor and Council in Virginia relating to Capt. Peter Cood, and H.M. advice-boat Messenger.
H.E. is pleased to request H.E. the Governor of Virginia that in case any convoys arrive to carry home the ships now in the country for England, he would be pleased immediately to dispatch an express hither to give notice thereof, the charge whereof shall be thankfully satisfied by this Province. [C.O. 5, 744. pp. 55–75.]
May 12. 435. Journal of House of Delegates of Maryland. Col. Ennals appeared and was sworn a Member.
The Treasurer and Naval Officers were summoned to bring their accounts on Thursday [May 15th].
Committee appointed for enquiring into Grievances.
Committee appointed to consider if the public levy be paid in money.
Petition of the Vestry of King and Queen parish in St. Mary's County, concerning the distance of their Church and Chapel etc., was read.
Petition of some inhabitants of St. Mary's County for the removing the County Courts or dividing the county read and referred for consideration.
Petition of Gerrard Slye and other inhabitants of St. Maries County, praying relief for the excessive charge of the Commissioners of the said County allowed in their leavys by a tax on their inhabitants, read, and ordered that the petitioners be referr'd to the Common Law for their remedy, and that they apply themselves to H.M. Attorney General for that purpose.
Petition of John Brannoch, complaining that the Sherif of Dorchester County, by virtue of a power from the Justices of the said County, delivered the possession of certain land belonging to him called Chance, to Mr. Henry Hill contrary to law, and praying relief, read and considered. The House was of opinion that the petitioner have his remedy at law, to which he was referred. (And see preceding abstract under date.)
May 13. Col. Whittington was granted his liberty to depart the House.
Ordered that the Serjeant attending bring before the House Wm. Barton, Sherrif of Prince George's County, to answer his mistake in returning a wrong indenture for Thos. Greenfeild, Member for Prince George's County.
The Committee, appointed for considering the conveniency or inconveniency of advancing money for payment of leavys, delivered their report:—They considered a paper of reasons submitted for paying all public dues in money, and resolved that the difficulty appeared to be that tho' the wealthy part of the Province might comply with such a law, and it might in a great measure advance trade and introduce money, yet the poor will be more oppressed than now, because they will be under a necessity to purchase money from them that have it at what rates they will sell it. "To accommodate the matter to the ability as well of the poor as the rich till time and experience shall ripen us for further steps, we propose that if the law be qualified with a liberty to those that cannot get money by a certain time in each year, to pay Tobacco, it might encourage those that good [could?] get money to pay publique dues in it, if they thought it advantagious to them, and by that means draw money in, and then if the poor could with their moveables get part of it, they might in time come into the same payment, but in the meantime we would enjoyn them to what at present appears impossible for them to perform. We propose therefore the following scheme:—That the Sherrif shall be obliged to receive all publick dues either in money or tobacco at the election of the payer, provided such persons tender the money to the Sherrif by the first day of January yearly, but in default of a tender thereof at the time aforesaid, then it may be lawful for the Sherrif to execute for the same as heretofore he used to do, and further that any debt due to him from the County or Parish shall be obliged to take the same in money or tobacco proportionable to the money, and to be received by the Sherrif, and the tobacco to be valued in money by the Commitioners in each county, in Novr. Court yearly, and all publick officers' fees be also paid at the election of the debter in money at the price current so as aforesaid annually rated every November Court. Also all practitioners in the law in any of H.M. Courts be obliged to take and receive their fees in money at the prices aforesaid sett, or in tobacco, at the election of the debters. That if the publick officers put not their list of fees into the Sherrifs' or others' hands before the first of January in every year, the party debter be no ways obliged to answer the same that year."
The House concurred intirely with the above report.
Mr. Barton, Sherriff of Prince George's, appeared. Ordered that he immediately send downe to this house the indenture acknowledging himself to be under a mistake by sending a wrong indenture for Thos. Greenfeild. Thereupon is dismist. It appearing to the House that though Mr. Greenfeild has been legally elected therefore [sic] resolved he continue in the House.
Mr. Dent, Mr. Cheseldyne, Col. Loyd, Mr. Tilghman and Coll. Holland were appointed Commissioners of Laws and desired to repair to their Committee.
Upon report to this House of the effect of the conference upon the subject mentioned in the message of the 9th inst., resolved that the said laws remain under the present establishment, until the King's pleasure be known. This resolve was sent up.
Petition of Henry Hall, principal Vestryman of St. James' Parish in Ann Arundel County, and others his brethren, to grant an Act for confirming glebe land pursuant to the will of Eliz. Rigby, decd., read. Ordered that the petition be sent to the Committee of Laws to prepare a bill accordingly.
Petition of Peregrine Browne rejected.
Petition of Mary Morton, begging the charity of this House, was read and rejected, petitioner being referred to the Comitioners of the County.
Petition of the Vestry of William and Mary Parish and King and Queen Parish in St. Mary's County, praying for a law to divide the said parishes, was referred to further consideration.
The Committee of Laws reported that the present law for regulation of Militia has been examined, and they considered it sufficient, if put in practice. (And see preceding abstract under date.)
May 14. The Committee of Aggrievances reported that (1) it being offered to them as aggrievance, that whereas several persons, when the deceased are much indebted and leave noe personal estate, but great quantity of lands, which descend to their heirs, whereby their creditors are left without remedy, the Committee humbly moved whether it be not reasonable to prevent the same by a law. (2) It being represented as a grievance that whereas any persons having Commissions from H.E. for rangeing after wild chattle and horses in the woods and forest, and under that pretence drive away several horses and cattle out of the necks and lands adjoining to many Plantations, the Committee offerred whether it may not be necessary that a law be made to prevent the abuses aforesaid, and likewise the opinion of the House what shall be deemed wood and forest land, and what age the cattle and horses must be of that are under the censure of this law. Which being read and considered:—
Resolved that (1) be wholly rejected. (2) That a Bill be prepared for remedy.
A law for Itinerant Judges being proposed by a Member of the House, it was referred to a Committee to compute the charge and conveniency and ill-conveniency thereof.
Committee appointed for enquiring into ye repairs of the Store-house for arms and to contract for the same.
The report of the Committee concerning payment of leavys in money was ordered to be sent to the Committee of Laws, to prepare a Bill.
Petition of King and Queen parish etc. again read, and referred till next Session. Ordered that a message be sent to H.E. to interpose his authority that Mr. White, mentioned in the petition, may be paid the 40 per pole to some equivalent satisfaction for the time of his service in the upper part of King and Queen parish, and that H.E. will please to compel the vestry to render an accompt of the 40 per pole to H.E., or to some parsons as he shall please to substitute.
Resolved that the Printed Laws be examined and corrected by the originals. Committee appointed for that purpose.
Bills, investing a tract of land in Dorothy Stevens and on St. James' Church, and for the naturalization of several persons, read the first time and ordered to be read againe to-morrow.
The proposed Law about Itinerant Judges was rejected.
The Committee for enquiring into the repairs of the Storehouse for arms delivered their report (in detail). Richard Beard was appointed to carry out their recommendations. (And see preceding abstract under date.) [C.O. 5, 744. pp. 183–208.]
May 13.
New York.
436. Mr. Livingston to the Council of Trade and Plantations. Since the death of Lord Bellomont, coming to the sight of the copy of your Lordships' representation upon his letters relating to Naval Stores and ye security of ye Plantations, and having had long experience of ye affairs and circumstances of this Province and ye honor to bear sundry employments in the Government of N. York for many years past, I thought it my duty to make some observations thereupon. His lordship's representation that the defence and preservation of New York is of ye utmost importance to ye security of all the rest, is a truth very worthy of H.M. regard, to which I add that in time of peace with France and Christian Princes this Province is better able to defend itself against ye Indians than any of ye neighbouring Colonies on either side, and if the Canada Indians can have peaceable and undisturbed passage throw our Indian country, 'twill be an easy matter for them to destroy and dispeople those noble and beneficial settlements of Virginia and Maryland as well as ye other Colonies, for (1) the French by their artifices and unwearied diligence have already made a very great interest amongst our Indians of ye Five Nations, and that with many of ye principle men amongst them, and thogh the Indians are believed rather to be influenc'd with fear then love of ye French, yet when the French shall have extended their settlements and treffique as farr into their country as their forts and garrisons, they will undoubtedly carry them, unlesse ye English do vigorously bestir themselves in extending both their forts and settlements to ye westward, on ye south side ye Lakes, equal to theirs in strength and figure (if not exceeding them). (2) The scituation of ye rivers of Canada and those which passe throw the English Colonies are indented at ye heads of ye branches in ye Indian country, favour their passage and are multifarious. (3) The manner of their fighting which is cruell as it is cowardly. They divide into small parties of 2, 3, 4 or 5, sometimes more, and are careful to keep themselves undiscovered until they have done their mischeiff, after which they immediately retreat, and take a pride in lying 8 or 10 days together, sometimes longer, under cover of an old tree or fence, neer to a Planter's house, in which time they feed upon a little parched Indian corn, which they carry about them, until they surprise the Planter at his labour in his field, and, being extraordinary marksmen, shoot him down as if he were a dear, and skalp him, or finding the men at work from ye house, will barbarously murder the women and children, sett ye house on fire and escape, leaving ye poor men vanquished with consternation. (4) The inhabitants of Virginia and Maryland as of most of ye other Provinces are scattered at a distance one from another, so cannot be well defended, with regard to which circumstance this Province has some advantage, as well as in skill and experience of ye Indian manner of fighting. (5) If the Five Nations should once open this passage to them, 'twill be hard to distinguish the French Indians from ours, being originally of one kindred and language, and will be apt to joyne with them, having often expressed their resentments against these Colonies at their treaties at Albany, for not giving them assistance in the late war against ye French, and complain'd that, being linked in ye Covenant Chain, they did not send and unite a sufficient force to drive that handfull of French in Canada into the sea, and for leaving them in the extremity to shift for themselves with the little help given them from Albany, by which means they have been spent and wasted with a tedious long warr, which an united force could have made an end of at one push, and this is the cause of their diminution [sic] and creeping to their enemies the French, against whom they are naturally prejudiced to have an aversion. And altho' the French Governors are pleased to call their Indians subjects of the French King, and our Governors the Indians of the Five Nations subjects of ye Crown of England, they doe not so understand it, but look upon themselves in ye state of freedom, nor was it possible for us to keep them from burning of their prisoners in ye late war after their own manner, otherwise than by buying of them from them as they passed our frontiers.
The second thing represented [by Lord Bellomont] is the condition of our forts, and is a sad truth. By ye establishment of ye four companies there is a surplusage of 30 per cent., which is appropriated to paying a chaplain etc., and the remainder to ye repairs of the Forts. This would amount to 1,690l. per annum, and would go a great way to put these forts in repair. I suppose the want of this money is ye cause of their ruine, for ye Victuallers and Officers are much in arrear, and were told by ye Earl that (of ye little they had received) he was in advance to them out of his private fortune, which they are very willing his administrators be re-imbursed by H.M. out of the readiest of their money.
The third thing represented is the case of ye souldiers Their pay here is 40 per cent. worse then sterling. Col. Flecher has had 36 per cent. for bills, the new coyning of ye money and some protested bills being returned about that time lowered their value; were the bills punctually paid they are worth 40 per cent. currant in N. York. His Lordship and ye Council since his death have had 33 per cent., which 3 parts is a gain, altho' they have the vanity to get the thanks of ye House to some of them for advancing money upon credit of that subsistance. The merchant of N. York has no better way of making returns, especially in time of war, when there is no risk in bills of exchange. Cloathing and drink are double ye price of what in England, a pot of beer costs 4½ d. To keep the soldiers from working and to duty (with submission) is a hardship next to starving, and to let them work (hiring their duty) spoils their discipline and manners. A labouring man at N. York has 3s. a day and a soldier's week's subsistance is but 3s. 6d., which with ease they consume in two days, and this is a great cause of their desertion. Capt. Leysler when he kept the Fort gave his men 18d. per day. This day, May 13, were ye souldiers in New York called together and made acquainted that ye 30 per cent. was taken off from their pay, but 10 per cent. still stopt for ye sick and incidents, and ye Victuallers and Officers complain that they are kept ignorant how far his Lordship's agent has received of their money. This new Establishment is to commence ye 17 May, 1701.
The fourth Representation is of ye Five Nations. I need not enumerate the advantages arising from their firmness to this Government, they having fought our battles for us and been a constant barrier of defence between Virginia and Maryland and the French, and by their constant vigilance have prevented the French from making any decent that way. The long war and ye great losse which they sustained in their youth, hath almost dispirited them, and now since ye Peace, ye French having been so sencible of ye mischiefs, which they did them, have applied their cheefest artifices they could invent, either to gain them to their side, or so to terrify them that they might be in continual fear. Refers to his Observations sent to Lord Bellomont last year, enclosed. Recommends the planting of Ministers among the Indians. "It will be absolutely necessary yt. all the passes between ye French and them be secured and forts built in suteable places for the security of their Trade and ye preventing ye French from any longer deluding or tradeing with ym., for it is equally reasonable that we should secure ye trade of our Indians to ourselves as the French doe theirs, and even use ye same methods of force for ye effecting of it. Those forts being built at proper places will for ever prevent ye French from makeing any descent upon them.
His Lordship gave a true relation of ye strength and diligence of ye French in Canada, to which I add that they are making a considerable settlement at ye mouth of ye great river Misasipi, and are endeavouring to extend their settlements thence to Canada to encompasse ye English behind between ye English [sic.? French] and the Spaniard, there being very easy land passage by water, two several messages were sent thither from Canada to M. D'Iberville the summer before last. One of the messengers, a Jesuite, was sett on shore from ye man of war last summer at N. Yorke, and returned to Canada by way of Albany. His Lordship's proposal about repairing the Fort at New York and Albany and Schenectady may be effected by ye arrear of ye 30 per cent. already due, which, in upwards of four years' time, amounts to about 7,000l. As for ye two new forts, 'twill be very much for ye interest of ye Crown and ye safety of all ye English Plantations on this northern Continent, such forts and more of ym. were erected now in time of Peace, and yt setlements were extended into ye inland countrey towards ye Lakes, but is too great an undertaking for this small Province alone, nor is it reasonable to expect it from them, as it is a general concern, so it ought to be a general charge. And 'tis but reasonable H.M. subjects on this Maine should take upon them ye charge of building such forts and making such settlements at present, and if proper measures are taken may be done without much present smart and will undoubtedly be of advantage to them all in progress of time."
Reasons why this great undertaking of building of new Forts and extending ye English settlements into ye Indian Country is not to be effected, as begun, by this Province alone. (1) All ye steps and proposals hitherto made towards this end have proved abortive, and ye money already expended for want of conduct is to no manner of service. The 400 wheelbarrows which were ordered to be built at Albany all falling to pieces. The 1,500l. raised and the 500l. granted by H.M. for finishing ye Fort at Onnondage will not pay ye charge of carrying up the wheelbarrows thither, and has this ill effect upon ye minds of ye subjects, to make them backward from advancing money to be squandered away and converted to other uses, and now its not known where this Fort is to be scituate. (2) The scituation proposed is 300 miles distant from Albany and difficult accesse, and ye furthest English settlement at present is about 34 miles from Albany. (3) The Indians in our friendship are not desirous of any such fort, but much ye contrary are wholly averse to it, which appears by their neglecting to give any answer to that proposition made by Lord Bellomont, and the prejudice they did conceive against Col. Romer, who went to view the place, but was forced to abscond in ye bushes whilst his fellow-travellers convers'd with them, who all returned to Albany without being permitted to come within 40 miles of ye point proposed for ye Fort. (4) The French have a great influence over our Indians, and have a regular fortification of stone and lime garrison'd at Cadarachqui opposite to it, on ye north side of ye Lake, which gives easy water passage. (5) The Assemblys of ye neighbouring Provinces, which command their passes, will always have this argument to offer their Governors, that their advice and consent was not asked by the Governor of New York nor ye inhabitants to the building such Forts, and if ye people of New Yorke had not had some private ends of trade in prospect, they would never have been so foolish to undertake such a burden without their knowledge and consent. (6) We have late experience how ineffectual his Majesty's Circular Letters in ye late warr did prove appointing ye severall Governours to send Commissioners to N. Yorke to agree upon certain quotas of men and for a supply of money, and though the Governors of Virginia and Maryland did prevail with their people to assist us with some money, yet could not prevaile with them to send any men; some of ye Commissioners came, others came not; those that came refused to act without ye rest, and gave reason enough to believe they were fond of ye opportunity of that colour by the various excuses, objections, doubts, fears and jealousies, so parted doing nothing.
The carrying on of this design of extending the Christian settlements and English Forts into ye Indian Country, is best to be done in time of peace with France. To this end, one form of government should be established in all ye neighbouring Colonies on this main Continent; they should be divided into three distinct Governments, Virginia and Maryland being annexed to South and North Carolina, some part of Canetticut, New Yorke East and West Jersey, Pensilvania and Newcastle added together, and ye Massachusets added [to] New Hampshire, Road Island and ye rest of Canetticut. According to ye regulation of quotas proposed by your Lordships for raising 5,000l., there should be raised annually for ten years following 15,000l. towards that work, and Commissioners be appointed from each of ye three Governments to be at Albany and give their advice and oversee the management and disposition of ye money to those uses and not otherwise, accounts to be remitted quarterly to H.M. and to ye respective Governors. H. M. to send over arms, artillery, ammunition, spades, shovels, pickaxes and falling axes for the said service, with soldiers to garrison the said Forts and defend ye Labourers. A certain quota of labouring men to be had from each government to work at the Forts, to be paid out of the said money, as are all other charges. H.M. subjects to be encouraged to extend their setlements into ye country under cover of said Forts by ye liberty of ye Indian trade, without being imposed upon by ye City of Albany or any other town or city. The City of Albany always practised to hinder such settlements because they have engrossed the Indian trade in this Province, and having built large houses and made good farms and settlements near to Albany, care not to leave them to goe further into the country, and will not suffer others to goe beyond them to intercept the trade, and ye giving of land gratis to Soldiers or Planters (who know better how to use it) will not tempt them to remove so farr into ye country, the Indian Trade will doe it, as ye inland country comes to be settled, it will be valuable, not before. The Soldiers should be recruited every two years with 200 youths from England, and at every two years' end, 200 or ½ of the soldiers be disbanded and left to their liberty, and if they stay to have land assigned them gratis; this may be a means to strengthen the frontiers and extend settlements; at present this Province has no benefit by the soldiers who desert; they cannot live in this Province, but get into the neighbouring Proprietary Governments, where they are connived at and protected, notwithstanding their magistrates, when applied unto, colour it with a fair show to the contrary. As to the augmentation of the number of forces, I beg leave to be plain with your Lordships, that for these three years past, what were above two companies of 60 each have been of little more service to the country then the bringing of so much money from England for their subsistance to be spent amongst us, and the bringing the ship Hester from Amboy, which the inhabitants of East Jersey would have opposed by force, if they had not dreaded the red coats. Two companies lie in garrison in ye Fort in New York, which is of very little strength or use more then a convenient lodgement for ye King's Governor, and a few to keep centry at his door, may doe well enough in time of peace at N. Yorke; were this proposeall of ye new Forts and setlements going on, there is an absolute necessity to have disciplined soldiers in those forts to keep and defend them. Soldiers from Europe cannot fight in ye woods here according to ye manner of fighting in Europe; I beleeve (I may say it without vanity) that our youth of Albany understand ye wood fighting better than any. By that time ye soldiers have served their four years by their fowling and hunting along with our youth and ye Indians, they will have learnt perfectly to understand ye woods. To make a souldier work to answer an enlargement of his pay is to alter the nature of the man. Idleness is ye great motive to many of them which makes them leave their trades and enter ye King's service, and tho' they are willing to work when they please and can have liberty, yet will not like to be compelled thereunto, especially for one third part of ye wages which a negro slave receives every day in New Yorke for splitting of firewood and carrying ye hodd. My Lords, 'twill be necessary that every fort have a Chaplain in it, who may likewise instruct ye Indians in ye Christian religion, as your Lordships doe well approve.
As to the production of masts and other Naval Stores in this Province, I am told those that are already cut are not so large as the dimensions the Earl did notify, and are now on ground above ye Falls, and cannot be got down until the fall of ye leaf, that ye rivers are up; there is yet no experiment made of getting any down ye Fall. Some are of opinion that ye Fall will spoil them, some otherwise; it is about 40 foot perpendicular and for two miles above it shelving, which makes ye stream so rapid that none dare come neer it with a cannoe. I doubt ye masts will receive dammage in ye falling. There may probably be bigger trees found where more pains is taken to seek them out, and I make no doubt but in processe of time other Naval Stores may be had as good as any. Our people here at present do not well understand ye making of tarr, pitch and rozin, and will easily learn. The only obstruction at this present is our want of people and ye high wages of ye labourer, which is already much more moderate in New England than in New York and will in time be reasonable as ye country improves and abounds in people, of which we have good prospect, this being as healthfull a country as any of all H.M. dominions, and abounds with wholesome provisions, and though the greatest part of our soyle is barren otherwise then off pines and large timber on ye rocky mountains, yet we are a nursery of people both for ye West Indies and ye neighbouring Provinces, to ye one they go being in haste to get rich, to ye other our young men, brought up to husbandry, remove in flocks, to settle the new country (as they call it), where they are free from taxes, and being detacht in time of war, and there is indeed a better soil. May it please your Lordships, that his Majesty may receive no ill impressions of his subjects here, and that there be no discouragement from so advantageous and desired an undertaking as ye making of pitch, tarr and rosin in this Province, and furnishing of masts and other Naval Stores. I durst engage for ye inhabitants of ye whole Province, they will freely give their consent, and encourage that H.M. shall cutt down any such masts or timber as may be for ye service of his Navy Royall, upon any of their lands, upon asking of ye question, or for some inconsiderable acknowledgement, which to rend from them by violent means, and to put it in ye power of any Governours to practise upon them to encrease their private interests and base ends, would be of very pernicious consequence to the subject, putt them into extream convulsions and disorder, and divide between ye affections of his Majesty and his people, which would want such a constitution of government to support itself as is made up of military disciplin'd Captains for Councillors and Sergeants and Corporalls for Sherriffs and Justices of ye Peace, which will never enter into ye heart of so gracious a Prince to establish amongst us.
His Majesty has been graciously pleased to send over a large present of 800l. sterl. value, which is in ye Countess' lodgings in ye Fort, and being well husbanded might be of better service to H.M. and have its propper effect with our Indians. There is a custome among ye Indians to make return of a suteable present in beaver and peltry to our Governors, which they have to themselves as a perquisite, which tempts our Governors to be lavish and outvy each other in ye greatnesse of ye present. Ye last which ye Earl gave at ye charge of ye Revenue of this Province was so great that ye Indians sold part of it to ye inhabitants of Albany for bever skins to add to their present, which they had brought with them for H.E. to make it answerable. And all such publick gifts are most exactly sub-divided to every Indian of their Nations by a naturall principle they have of distributive justice, which is ye cause that those of them who are most in ye French interest, and are aiding to ye debauchery of ye rest, have as much as those who are firm to ye English, and we can distinguish them, and ye present might be husbanded and ordered to a farr greater advantage.
Now there are great apprehentions of a warr with France putts me upon other thoughts and brings me home to consider of ye preservation of what we have in possession, which indeed were best to be provided for in ye time of peace, but will be well if it is now done out of hand. I have no other end before me then H.M. service and ye safety of this part of his dominions, which is of very great consequence to ye interest of England. As it is of the utmost importance to ye security of all ye rest of H.M. Provinces in this Northern Continent to defend and preserve this Province, it also consequently follows that it is of like importance to ye French to take it, for ye same reasons, to which I add that ye French of Canada are setled in a climate too cold for them, where the winters are long and extream sharp, their country is not capable of so much cultivation and improvement as to produce provisions enough to maintain ye inhabitants and garrisons, who have their supplies in great measure from France, as also ye French setlements in the West Indies have the like want of provisions. This and the neighbouring Provinces does abound with all manner of provisions and are of great use for ye support of all ye English settlements in ye West Indies, as well as for ye advantage of trade with ye Spanyard, ye Dutch and other nations in ye West Indies, which trade of provisions and slaves are the two chiefest commodities for which the merchants in Jamaica and others have gott such great quantities of Spanish gold and silver. And altho' ye greatest part of our Province is barren, yet that which is good is very fruitful.
The small and inconsiderable forts which we have, as they are not capable of being a reasonable defence to us, so they will be a disservice to facilitate a conquest by ye enemy, their being taken giveing present foothold, until the enemy shall erect better and stronger, which the French are well acquainted how to doe, and ye entrance of our river from ye sea is easy, well known to ye French and undefended, and if once ye French should get possession of ye lower part of Hudson's River, Albany could not pretend to be able to stand it long out, when attackt on both sides. And there is great reason to suspect that M. de Iberville ye last summer came bither with his fourth-rate man of war from Misasipi of purpose to sound our channell, which his men in boats perform'd every day neer a month together without interruption.
The harbour of Boston is well fortified by a brest-work of 50 great guns on Castle Island about a league from ye town, and their channel is so narrow that ships must come very neer this battery ere they passe. Delaware River is not fortified, but Philadelphia, their most considerable town, is a great way from the sea, and there are some shoals and difficulty in bringing a ship of any burthen up to ye town, and ye falls thereof are in ye same latitude with ye mouth of Hudson's River. Hudson's River is the setlement lies opposite and contiguous to Canada, ye head of which River has been a tragical theatre for action in all ye late war, where the French of Canada were foiled, and received ye greatest loss, and in all ye war not one foot of ground was lost by us to ye enemy that way. These considerations are enough to put the French King upon ye attempting of this River with a small squadron of ships and some land forces.
Our Governor is lately dead, and the Lieut.-Governor absent at Barbados; our people are divided and the command of ye Militia as well as ye Civil Government put into ye hands of ye meanest of ye people, most of a foreign nation, who are prejudiced against the English and strangers to Government, and ye richest and most considerable part of the people turn'd out of all offices in Government. H.M. Revenue is very much anticipated, and ye debts of ye Government due upon ye Revenue are four times so much as they were upon ye breaking up of ye warr, when H.M. was persuaded to annex this Province to Boston. H.M. Forts are all going to ruine, ye sodwork of that in New York is all to pieces, and the walls wants new pointing, ye pallisadoes round ye Fort (last winter) were cutt down and burnt for firewood, and new carriages are wanted to ye guns, some of them being dismounted, others scarce able to abide once firing. There are two platforms before the City with 15 guns each to defend it against the water; one is washed away by the S.E. storms and high tydes, and the other ye Magistrates of our City saw cause to give away to the Widdow Leysler as a present, the ground between high and low water-mark to ye value of 2,200l., which is since laid out in lots and some part of it built upon. The breast-work and pallisadoes, which were round ye town, and the two stone bastions on ye land side are quite demolished. They were never well built, nor of any great service, and were first erected by the Dutch Governor, when the Dutch took this Fort, as a defence against ye English from Canetticutt and New England. The Forts at Albany and Shinnectady, the fronteers being of wood, are all going to ruine and unfit for defence. Our Indians are diminished and much shaken from their former vigour and zeal against ye French, and 'tis to be feared will make a total defection to them, when they see ye diligence and forwardness of ye French, if not timely prevented by our early appearing with our forces to their assistance on ye frontiers. And our neighbours on either side being of a different constitution of government, are divided from us in interest and affection, and rejoice at our divisions and distractions, by means whereof they increase in strength and riches; many hundreds of familys have removed from us, to avoid ye burdens of ye late war and being detacht to Albany, and there is also a great inequality and disproportion in trade between us and them, we having given to H.M. a Revenue upon ours to defray the charge of ye government, which they doe altogether evade, and the trouble which is oftentimes unnecessarily given by the Custom-house officers to ye shipping that come hither, upon meer nicetys, where it is manifest there can be no intended fraud, together with taking of bribes and extravagant fees, are a greater clogg upon our trade than is ye King's Revenue.
I shall now propose what I think necessary for the defence of this Province in time of war. (1) That a Governor be appointed who is a soldier, a man fearing God and hating covetousness, and who will administer impartially without siding with any faction. (2) That two large platforms be erected, one on each side the river at the place called the narrows, three leagues from the city, to consist of fifty cannon each, the channel there being upwards of one mile broad. The one may be covered by the inhabitants of King's County, who surround on ye East side, and the inhabitants of Staten Island and East Jersey may cover the other, on ye West side. The ordinance must be large and of a good length, which with ammunition and other necessary appurtenances must be had from England; the Platform may be built and kept in repair out of the Revenue, were it well husbanded. (3) 200 men to be in garrison here at N. York and these batteries; more may be easily conveyed thither upon occasion. (4) The Forts of Albany and Schinnectady to be built of stone and lime, which though they may be chargeable in the making, yet will prove better husbandry in ye latter end: the timber in this country is rotten when exposed to ye weather in 6 or 8 years time. (5) The inhabitants of this Province to be freed from detachments, unless upon invasion, and then they will go voluntarily. (6) 200 soldiers to be garrisoned at Albany; 100 at Shinnectady; 60 at Canastagione; 50 at ye Half-moon; 50 at Skachkook; 40 at Kinderhook; 40 at ye Maquase Castle. All which forts lie round about Albany, and being well garrisoned will protect the farmers in their husbandry, which otherwise will all desert. (7) There must be 100 bushlopers or wood-runners, that is of ye youth of Albany, kept in pay about 7 months in the year, at 3s. per day, whose constant business shall be to move every day in partyes round those frontier garrisons round Albany, as is ye motion of ye pendulum of a clock; when the French Indians find the tract of a man's foot in ye woods, neer an enemy's country, they are presently in consternation and daunted, and are very dexterous in discovering of it; this with skouts kept continually out to range the woods from the several smaller garrisons will be a means to secure our fronteers. (8) It is also necessary that we have at Albany a good magazeen, as ye French have at Montreal ready upon all occasions, besides firearms, powder and ball and ammunition, they have burch canoes and paddles, battoos, bushlopers' coats and caps, ready-made mittens, snow shoes, Indian shoes, stockings, blankets, dryed bacon, bisquet, Indian corn etc. ready in case of an attaque or invasion, and officers are appointed who have ye charge of all these things and keep them from spoyling. (9) It will also be needful that H.M. give his orders generally to his dominions on ye Main, for ye mutual assistance of each other in case any part be particularly invaded; (10) and that a good fourth-rate fregatt doe attend this coast in ye beginning of April, and continue to ye beginning of November every year during the war. She can be of no service here in ye winter months, when we are sufficiently protected by the north-west winds and ice. Signed, Robert Livingston. Endorsed, Recd. 8th. Read July 9, 1701. Holograph. 22 pp. Enclosed,
436. i. Abstract of preceding. 4¼ pp.
436. ii. Observations made by Robert Livingston on his voyage to Onnondage. April, 1700, humbly offered to H.E. the Earl of Bellomont. Duplicate of report abstracted Calendar, A. and W. I., 1700, No. 466. iii. Signed, Rt. Livingston. Endorsed, Recd. July 8, 1701. 11 pp.
436. iii. Abstract of preceding. 2¼ pp. [C.O. 5. 1046. Nos. 15, 15.i.–iii.; and (without abstracts) 5, 1118. pp. 343–383.]
May 13.
Boston.
437. Minutes of Council of the Massachusetts Bay. Commission and Instructions to the Commissioners going to the Indians read and approved. Orders given for paying for the journey and preparing the Province galley for her voyage. Wages of Capt. Cyprian Southack and two men for the winter paid.
Fees of Mr. Isaac Addington, Secretary, paid.
Account of John Leighton of Saco, for beef killed for the soldiers at Wells, 1690, ordered to be examined.
Advised that Col. Romer, lately come from New York, be desired to give his advice and directions referring to the workes about to be done at H.M. Castle on Castle Island, and with the Committee appointed thereto, to oversee the workes.
Whereas the law directs that every listed foot-solider be always provided with a well fixt firelock musquet of musquet or bastard musquet bore, the barrel not less than three foot and an half long, or other good fire arms to the satisfaction of the Commission officers of the Company, notwithstanding which most of them appear with arms no ways agreeable to the direction of the Law and very unfit for service, ordered that as well the soldiers lately sent to H.M. Castle to enforce the garrison there, as such others as from time to time may be detached and imprest for H.M. service there or elsewhere, appearing with arms unfit for service, shall be furnished with good fuzils or other good well fixt fire arms in advance towards their wages, to be charged therewith on accompt, and that Mr. Treasurer procure a certain number of suitable good fire-arms in readiness.
Licence granted to Robert Cumby to erect a kitchen of timber on his wharf.
Licence granted to Joseph Dowding to erect a timber house on his wharf on the northerly side of the drawbridge in Boston. [C.O. 5, 788. pp. 50–52.]
May 13. 438. Minutes of Council of Bermuda. Ordered that henceforth no person or his slave go out to speak with or board any vessel out at sea without license of the Justice of the Peace of the tribe where he lives, under penalty of imprisonment for one year and a day. Exception made in case of a vessel in distress, but a speedy account thereof to be given to the next Justice of the Peace. [C.O. 40, 2. pp. 34, 35.]
May 13. 439. Minutes of Council of New York. Present as on May 6. Ordered that the soldiers be acquainted that H.M. has been graciously pleased to take off the 30 per cent. deduction from their pay, only 10 per cent. to be deducted for incidental charges. Ordered that two anchors of wine be given them to drinck H.M. health. Orders to be sent by the next conveyance to Albany that the officers and soldiers there be likewise paid in sterling money, only deducting 10 per cent., and this to commence the 17th inst.
The Rev. Peter Brisac produced a Commission from H.M. constituting him chaplain to H.M. Fort at New York. Ordered that he receive his weekly subsistance accordingly, and that he read prayers in the great hall in the Fort to the officers and soldiers every week day at 8 of the clock in the morning, but that on the Sabbath day they do resort to the English Church until the Chapel in the Fort be finished. [C.O. 5, 1184. pp. 524, 525.]
May 14.
Whitehall.
440. William Popple to Mr. Lownds. Enclosing account of incidental expenses (see May 8) "that their Lordships may please to refer it to such Auditor of the Exchequer as they thinke fit, in order to the passing thereof and my receiving my quietus." [Board of Trade. Miscellanies, 11. p. 115.]
[?May 15.] 441. Philip Ludwell to the Council of Trade and Plantations. Amongst all the misfortunes that have happened to the Colony of Virginia, none has of late years been more generally complained of then the neglect and irregularity of the Secretary's office. The Records under the Secretary's care have been very ill looked after, some of them having either been lost or mislay'd, and some suffered to decay for want of looking after; attendance has not been duly given at the office, it having for the generality been left to under clerks, who mind their interest more than their duty. Besides being disabled by gout, the Secretary lived upwards of 50 miles from the place, which occasioned a deputy to be allowed him, who also lives 15 miles from the place, so that the office was seldom or never visited, but at a general Court or Council times, when a hurry of other business hindered due inspection; so that business has often very slowly past the office, for reasons best known to the clerks, to the great vexation and expense of those who lived far off, which was indeed become almost a general grievance during the late administration, and the Records having never been submitted to the view of the Assembly (as was heretofore done) nor so free admittance to them, has given great fear and jealousy to many people that they have not been so well kept as they ought. It is submitted that the Secretary's office be put into the hands of such persons as may apply themselves to reforming these errors, the main weight of the business of that office having layne on the present Governor. Signed, Phill. Ludwell. Annexed, Since I had the honour to wait upon your Lordships I have heard from Virginia that since the death of the Secretary, H.E. the Governor hath issued a Proclamation confirming all Commissions under the late Secretary until further order. The practice in all former Governors' times has been, immediately upon the death of the Secretary to commissionate some other person under the Seal of the Colony, with advice of ye Council, untill H.M. pleasure be further known. Signed, Phill. Ludwell. Endorsed, Recd. Read May 15, 1701. 1½ pp. [C.O. 5, 1312. No. 11; and 5, 1360. pp. 81–84.]
May 15. 442. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. We have perused the extract of Sir Henry Ashurst's Memorial and are humbly of opinion that though there is no reservation of Appeals to his Majesty in the Charter granted to Connecticut, yet that an Appeal doth lye to H.M. in his Council as a right inherent in the Crown, and in case they refuse to allow the Appeal there, we think H.M. may proceed to hear the merits of the cause upon an Appeal made to him in Council, whether that Appeal be allowed or admitted there or not. Signed, Tho. Trevor, Jo. Hawles. Endorsed, Recd. Read May 26, 1701. 1 p. [C.O. 5, 1261. No. 5; and 5, 1289. p. 99.]
May 15.
Whitehall.
443. Council of Trade and Plantations to Lieut.-Governor Stoughton. Enclosing for his information, upon news of the death of Lord Bellomont, extracts of letters from the Board to the latter, relating to the Massachusetts Colony, such "as we believe will not have come to New Yorke before his death." Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 909. pp. 407–410.]
May 15. 444. Similar letter and enclosures, mutatis mutandis, to William Partridge, Lieut.-Governor of New Hampshire. Same signatures. [C.O. 5, 909. pp. 411–414.]
May 15. 445. Richard Marsh and Edward Haistwell, of London, merchants trading in Virginia Tobacco to Spain, to the Council of Trade and Plantations. We have received advice that the King of Spain has issued out a Proclamation that no more Virginia Tobacco is to be brought into that kingdom, and that what the merchants may have in Spain, they are to export in two months, but if any found afterwards, it shall be burnt. Which is contrary, as we conceive, to the Treaty between the two Crowns. We therefore humbly desire that it may be laid before the King in Council. [Board of Trade. Trade Papers, 15. p. 197.]
May 15. 446. Journal of Council of Trade and Plantations. Dr. Bray attending, the Maryland Act was further considered.
Letters to Mr. Stoughton and Mr. Partridge signed.
Letter from the Board of Ordnance, May 3, read.
Mr. Haistwell presented a Memorial, (see preceding abstract), which was read.
Col. Ludwell presented a Memorial relating to the Secretary's place of Virginia.
Letter from Lieut.-Governor Day, March 18, read with enclosed papers.
Letter from Mr. James Moor, Carolina, Dec. 27, read.
May 16. Ordered that a copy of the Bermuda Act, and of the Address of the Assembly and Minutes of the Council of that Island, be sent to Mr. Attorney and Mr. Solicitor General, for their opinion, whether the said Act be in force or no.
Their Lordships now went through with the consideration of the Maryland Act for the establishment of Religious Worship etc., and ordered it to be transcribed.
Mr. Champante presented a petition to the Board. (See under date.)
Letters ordered to be prepared accordingly.
Report of Benedict Stafford, Admiral of the Harbor of Aquafort in Newfoundland the last year, received lately from Sir Walter Young, and the report of Robert Holdsworth, Admiral of the Harbor of St. John's, the last year, received lately from Mr. Povey, were laid before the Board. [Board of Trade. Journal, 14. pp. 31–35; and 98. Nos. 89, 90.]
May 15. 447. Minutes of Council in Assembly of Maryland. The House of Delegates sent up a resolution of May 14, upon the petition of King and Queen parish and William and Mary parish for dividing the parishes, referring the consideration of the question till next Sessions of Assembly, that the House may have more light therein. And as to the other part of the petition, the House prayed H.E. to interpose his authority that Mr. White, mentioned in the petition, might be paid the 40lb. of tobacco per poll, or some equivalent satisfaction, for the time of his service in the upper part of King and Queen parish in Charles County, and that H.E. would compel the vestry of that parish to render an account of the 40lb. tobacco per poll to H.E. or some person appointed by him.
The House also replied to a message from the Council of May 13, referring the question of the Free School and room for the Council to sit, to the next Sessions. As to a handsome place to lodge the publick arms in, they have purchased houses of Major Edward Dorsey for that purpose, and it was ordered that a Committee should be appointed to go and view them, and report what repairs it wants, and the estimate of such repairs, and contract for the same, which had been done, and William Beard willingly will undertake the said work for 12l., to be finished by the last of August next, if H.E. concur.
Three Bills were sent up to the Council, (1) a Bill investing a tract of land in Dorothy Stephens, sold her by Symon Wilmer, read twice and will pass. (2) A Bill for investing a tract of land in ye Vestry of St. James' parish, which was read twice, and will pass. (3) A Bill for Naturalization of Peter Scamper and others, which was read twice and will pass, if they be not French Papists. These Bills were sent down.
H.E. imparted to the Board that whereas he has received information that a certein Indian belonging to the Emperor of Piscattaway, some say his brother, has been to apply himself to Mr. Pen at Philadelphia, who seemed to be inclinable to receive him into his Province, wherefore inasmuch as cannot at present be known what ill consequences may happen to the Province from their removal thither, whether it be not advisable to propose the same to the House of Delegates, for their advice how to prevent their removall. The Board held that there is no occasion of any such proposall to be made to the House, in regard that the Indians are disposed to go to the Province of Pennsylvania, we do not know how to prevent it, and further that this Board seem to be pretty well assured that Mr. Pen, upon H.E.'s letter to him, will not give them any encouragement, harbour or protection in his Province.
Petition of Lieut.-Colonel William Whittington, of Somerset County, together with John Hendry and Co., merchants, against the imposition of 2 shillings per hhd., Virginia Duty, by the Naval Officers for Accomack River, on some tobacco, the produce of Maryland, loaded in Accomack River. "Since H.E. Francis Nicholson, Esq., is at present here," petitioner prays that such measures be taken as H.E. may think expedient. The petition was recommended to H.E. the Governor of Virginia to be laid before the Council there for redress. and withal that, in case the petitioners be not redressed by H.E. and Council in Virginia, that orders be given Major William Dent and Mr. John Bozeman, Naval Officer of Potomock and Pocomoke, to require the Maryland Dutys on Virginia Tobaccos exported in ships cleared from Maryland.
Major Barton's two petitions, about a runaway servant boy and an Indian committed to his custody as Sherriff of Prince George County, were recommended to the House of Delegates.
A Message was sent to the House that, since by a paragraph of the letter of the Council of Trade and Plantations, Dec. 3 last, you cannot but observe their friendly advice that we should appoint some qualified person to be our Agent in England, we are desirous to know what resolutions your house have taken thereupon.
A Message was sent to the House that, it being experienced that the funds raised by the present Acts of Assembly now on foot for imposts are very inconsiderable for defraying the necessary charge of the Province, it is recommended to your House, that a further impost of 3d. per hhd. be laid upon tobacco exported, as being the least burthensome to the poor and necessitous people of this Province and scarcely perceptible to those that are capable of shipping tobacco.
A Message was sent to the House that, forasmuch as the affair of the Piscattaway and Aecokick Indians dos not yet seem to have the wisht for conclusion of their being come in and quietly settled among us, it is the opinion of the Board that the Rangers on the frontiers of Potomock should be still kept out for the better security of the inhabitants there, who, we have occasion to believe, upon their being drawn of, will be so far discouraged even to quit some of the externest [sic] settlements, to our dishonour and encouragement of our ill neighbours the Indians, who will rejoice thereat, therefore we desire you will consideratly concert this matter, viz., whether they shall be further continued or totally disbanded, and give us your opinions and reasons for the one or the other. We further recommend to you by some Act this Sessions to continue the Committee for consulting what measures are to be taken for the safety and defence of the Province against the invasions and incursions of Indians as formerly.