America and West Indies: August 1701, 16-20

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: August 1701, 16-20', in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) pp. 415-459. British History Online [accessed 26 May 2024].

. "America and West Indies: August 1701, 16-20", in Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910) 415-459. British History Online, accessed May 26, 2024,

. "America and West Indies: August 1701, 16-20", Calendar of State Papers Colonial, America and West Indies: Volume 19, 1701, (London, 1910). 415-459. British History Online. Web. 26 May 2024,

August 1701

Aug. 16.
New York.
738. [? Chief Justice Atwood to the Council of Trade and Plantations.] Having had a very long voiage of above three months, it has been impossible for me to do much in execution of either of those Commissions wch. yr. Lordships were pleased to think me worthy of. The business at New York in the Admiralty Circuit, ye contributeing towards setling a Court of Chancery, and ye approach of a General Assembly, wch. is to meet on Tuesday next render it, I fear, impracticable for me to go to Boston to open an Admiralty Court there, till after ye Supream Cort of this Province, to be held ye first Tuesday in October. But I hope I shall be able to be sooner at Connecticut, Rhode Island and ye Jerseys, and whenever I can hear of any occasion of going to any place within my Commission, I shall do my utmost to be there in convenient time. The last Judge of ye Admiralty at Boston assures me, in answer to my letter, that no caus is depending there, yet yt. shall not occasion my forbearing to enquire what matters ought to be brought thither. It being my duty to advise for H.M. service, I have directed suggestions to be drawn for a prohibition after a sentence in ye Cort of Admiralty in favor of one Wake, who seems to have had no register to qualify his ship to trade, and yet was excused upon a pretended composition with ye Naval Officer. As ye Supream Cort is under ye regulation of ye Governor and Council, I have advised ym. to appoint ye court to sit specially for this matter before ye usuall time of sitting. I am and shall be farr from prejudging the cause, and will use my utmost endeavour to do right to H.M. and the subject. The owners of ye ship being men of good estates, ye Lawyers here expect a good prize of 'em, and threaten before-hand to appeal to England. Therefore it may be requisite to inform yr. Lordships ye more particularly how ye case at present appears. The Captain came hither from England two years since, without any certificate of having registered his ship, upon wch. the Naval Officer seiz'd her, and immediately let her go upon ye Captain's giveing his single bond to produce a register or surrender his ship by a day yt. is passed; returning upon a third voiage, she was seized by the Chief Officer of the Customs, and informed against in ye Admiralty, before ye late Judge's Deputy, who discharged the seizure, supposing that the Naval Officer had authority to compound, and yt. such a bond is composition. The Captain is withdrawn from this Province; ye ship continues here, but, as I take it, cannot be bound by this obligation, and if ye sentence of ye Cort of Admiralty cannot be set aside at Common Law, H.M. will be defeated of his forfeiture, nor, as I conceive, is it reasonable to stay for ye ordinary Session of ye Supream Cort, not only becaus of ye complaints of ye Captain of ye ship's being kept from her voiage, but of ye danger that it should be carryed away before ye matter be legally determined. Indeed, an information by another informer was exhibited into the Supream Cort before my arrival, but ye sentence in ye Cort of Admiralty may certainly be pleaded in barr to that. Tho' the death of ye late Earl of Bellomont was a great disappointment to me, I must needs own myself much obliged to ye Lieut.-Governor, who seems satisfyed wth. my zeal for H.M. service, in wch. I find him very hearty. He has, in my apprehension, obtained a very advantageous gift from the Indians of a vast tract of land of great consequence to secure their fidelity. I expect from his prudence an happy issue of ye General Assembly, and cannot but hope for yr. Lordships' favourable construction of my endeavours etc. No signature. Subscribed, This appeares to be from Mr. Atwood, by a letter to ye Secretary in wch. it was inclosed. Endorsed, Recd. Read Oct. 7, 1701. 4 pp. [C.O. 5, 1046. No 32; and 5, 1118. pp. 417–419.]
Aug. 16. 739. Minutes of Council of Virginia. Major Wm. Buckner, having taken the oath as Collector of York River District, ordered to give in his bond to the Clerk of the Council. [C.O. 5, 1409. pp. 144A, 145.]
Aug. 16. 740. Minutes of Council in Assembly of Virginia. Ordered that the accounts of the Public Revenue be prepared with all expedition, to be laid before the House. [C.O. 5, 1409. p. 470.]
Aug. 16. 741. Journal of House of Burgesses of Virginia. Several Claims referred to Committee.
The petition of Edmund Jennings, claiming lands in Pamunkey Neck, considered. Ordered that the Chickahominy Indians be heard on the subject.
And see preceding abstract. [C.O. 5, 1408. pp. 158, 159.]
[? Aug. 18.]
742. Draught of letter from William Popple to John Sansom, in reply to the letters of Mr. Savage, July 24 and Aug. 5. Memorandum added that the letter was laid before the Council of Trade and Plantations on Aug. 18, and that they did not think fit to send it. Initialled, W. P. 2¼ pp. [Board of Trade. Plantations General, 5. No. 104.]
Aug. 18.
743. Col. Codrington to the Council of Trade and Plantations. Quotes the following extract from a letter from Col. Elrington: "Mr. Arthur tells me that he is informed by good hands that since Mr. Devaus' arrival in these parts there went two men from Montserat with a message from the Irish to assure him that if there should happen a war, they would not defend their island, but would deliver it to him as soon as it was demanded. They went to him at Guardeloupe upon his return from this Island. Capt. Perie brings with him a petition from the Council of this Island to desire your Excellency would put a stop to the trade with the French, which if you would do, it would soon starve them in all the Islands. A General Council and Assembly to lay penalties upon those that should presume to trade with them, would soon put an end to it." Upon which I beg leave to observe in the beginning of the last war the Irish of Montserat ris in rebellion, my father sent down some companies from hence to quel them, and having banisht some of the ringleaders, made good use of the rest during the whole war. When I gave out Commissions this spring for two companys to be raised for the service of St. Kitts, not one man of the Irish would enlist himselfe; I writ a little warmly about it to the Governor and Councell, and was answered, they could not help it; they found the Irish resolved against assisting St. Kitts: and the reason they gave was there had been several Acts made against the Catholicks at Nevis and St. Kitts: but the truth of the matter is, I believe, some Irish Priests from the French Islands in disguise have been amongst them to debauch them, and this 'tis impossible for me and the most careful Lieut.-Governor to prevent, for they may easily mingle themselves at St. Kits amongst our sloop-men and pass from Island to Island undiscovered. I have directed Col. Elrington to make father enquiries into this, and shall take ye best measures I can to prevent mischief.
As to the second part, Col. Elrington writ it in haste, and I believe did not well consider the true state of the case. He knows what my resentments have been in this point: he has heard mee more than once reproach the St. Kitts people for having been very instrumental in setling the French; they not only have supplied the French with Irish beef and all sorts of lumber, but they sold them their Casada potatoes and plantains for their slaves, without which 'twas impossible the French should have resetled. The people of the other Islands say that to make an Act to prohibit such a trade with the French (which is not forbid by the Acts of Trade) would be in effect to enact that the Trade should be wholly engrosst by the St. Kits people, for whatever penalties are laid, they have such conveniences of commerce by placing store-houses at the Bays close to the French ground, that very little of the Trade would be prevented by such an Act, besides that nothing we can do will affect the Barbadoes merchants, who would not faile to send sufficient supplys thither. The French begin to tred upon our heels in ye sugar trade: they have better Islands, I assure your Lordships, than wee; and St. Domingo will in time be a vast settlement. I would humbly recommend to your consideration whether it would not be very much for the service of ye Nation to prevent by a severe Act of Parliament all supplys of Irish Beef and all sorts of Provision, and all lumber from our Northern Plantations to the French, without which they will be extreamly crampt, and scarce able to carry on their settlements. I am sure that what we export to the French is of no service to England, for they want no English goods, and consequently buy none. And then your Lordships may easily gues what commodities they repay us in. I do all I can to prevent, and have in a great measure, I believe, broke the trade by persuading ye best sort of people to give it over. But still there will be some litle rascals to carry on this sloop trade; and there are so many conveniences of landing goods by stealth, that an army of waiters, tho' they were honest, which they never are, will not be able to prevent it, whilst wee have any communication with the French Islands. Signed, Chr. Codrington. Endorsed, Recd. 15th, Read Oct. 16, 1701. 1¼ closely written pp. [C.O. 152, 4. No. 42; and 153, 7. pp. 247–250.]
Aug. 18.
744. Governor Codrington to the Council of Trade and Plantations. Early in the spring, whilst I was at St. Kitts, and had reason to fear the war would immediately break out, I writ up to Mr. Grey that I wd. indeavour to give the first blow there, and desired he wd. upon the first news of a war send me down the fregat attending his Island wth. 200 men, and encourage some Volunteers to come along. About a fortnight after the fregate came into Nevis from Leeward in a very ill condition, and the men in a much worse, being almost starv'd for want of bred-kind. Shee had been noe doubt abt. ye King's business, beating up against the wind for about 11 or 12 weeks. Some time after Mr. Grey writ me the people of Barbados would give these Islands no assistance, and had addressed to him not to spare the fregate; 'twould have been well perhaps if he had alwaies kept ye fregate nere Barbadoes, but if Barbadoes should be attacq't, a single fregate, I believe, would be of little use, but as for the men, it seems a little odd that Barbados cou'd not spare 200 men, when her Militia was at least 10,000 strong, tho' Col. Kendall and Sir Edwin Steed could perswade the Council and Assembly of that Island to spare two regiments at a time out of half ye number. I send your Lordships ye copy of my answer to him. I am very well satisfied that Barbadoes has no inclination to serve or save these Islands, nor have one of these Islands to help another, because if a Sugar Island be lost, so much the les of the commodity is made, and consequently ye price is rais'd. But I'm as well satisfied, if a Governor will use his interest, or his arguments, or his management rather to serve the public interest and honour than to fill his own pockets, he may alwaies engage the Councils and Assemblys to join in any measures yt. he can reasonably propose. We have not in this Island above 11,000 men, and yet I could perswade them to make a very expensive Act for raising 3 companys in order to have attac't ye French pt. of St. Kitts, if there had been occasion this spring. I could doe the same thing at Nevis. I likewise prevail'd on the Council and Assembly of Mountserrat (but there were noe men to be got, for wch. I shall account to your Lordships in another paper). This very year, too, I have prevailed here to have two Acts past for public ponds for ye use of ye poor, and another to provide land for ye soldiers and other small settlers, and to furnish them with necessaries. I could with more ease a great deal have got a couple of thousand guineas for myself, but I did not come into the Indies for such mean ends. This refusal from Barbados, and soe public a declaration of it, wch. is known to all the French Islands, must have very ill effects. It causes a very great terror in general to ye Islands under my command; it encourages the French to think of attempts, wch. perhaps they would not venture on if they were kept in awe by fear of the Barbadoes strength, and it will make the Windward Islands of my Government very unwilling to assist St. Kitts with any of their men; particularly this Island, after this declaration from Barbadoes, thinks it very unreasonable that 3 companys should now upon any occasion be carried off, which before they were agreed should be rased and provided for at ye public expense. I have thought it my duty to lay this before yr. Lordships, in hopes since we are like to have noe help from our neighbours here, the greater care will be taken of these Islands from home. I would likewise most humbly recommend it to your consideration whether it would not be very much for ye public service that these two Governments should be united. I am so perfectly convinct of ye necessity of it, yt. I would rather serve as Lieut.-General under a Commander in Chief of both than command these Islands without a dependance on Barbadoes. Mr. Grey, I believe, will shortly go home to a very good estate and honour, and if the King by yr. Lordships' advice shall think me worthy of that honour, I assure your Lordships I would have noe thoughts but to serve the publick, if not I shall be glad to have my quietus and to resign to some other that is fitter for the command. I'm sure these Islands can be preserved no other way, and since according to the present situation of affairs we are not like to have any great share of any other beneficial trade, 'tis likely these Colonys may be thought to deserve ye greater care. My Lords, I beg yr. Lordships to believe me sincere when I assure you on ye word of a Xtian yt. wt. I humbly propose to your Lordships is not for any hope of growing rich by such a command—if there be a Peace I would not continue here 2 years longer to be Vice Roy of ye Indys, but if there should be a war, I should be glad of a post in wch. I might with some hope of honour spend my fortune and hazard my life franckly in the public service, if it may not be here, the King I hope will give me a half pike again, if not I'le carry a musket. Signed, Chr. Codrington. Endorsed, Recd. 10th, Read Nov. 13, 1701. Holograph. 3 pp. Enclosed,
744. i. Governor Codrington to Governor Grey. Antigua, Aug. 15, 1701. I did my duty and followed my Instructions when I desired you would assist me in case I should have had an occasion to dispute St. Christopher's with the French Commander. Without question you did what you thought most for the public service in the measures you took. As I have a stake in Barbados, I have a right to give my opinion in what relates to its interest. The reputation of strength which that Island had the last warr was certainly a greater security to it than its real force, and the gentlemen then thought they best consulted as well their quietness as their safety when they made the enemy believe they were above the apprehensions of an attempt, and were not only able to defend themselves, but to protect the weaker Colonys. I once thought the same conduct would be still more prudent, as well as more honourable, but since I have the ill fortune to differ in opinion from much wiser men, I ought to believe myself mistaken. I am only concern'd least this change of sentiments shd. lessen the merit of former services, and induce the ministers to believe that what Barbados contributed the last warr towards the publick good was more owing to the pressing instances or artfull management of Sir Edwyn Stede and Col. Kendall than to the zeal or inclinations of the people. If a war should break out, I must make the best use I can of the smal force I have here, and when I can satisfie myselfe that I have done my best, I am very little sollicitous about consequences. Since my last letter was publickly recorded, I desire this may bear it company, that they may be both transmitted home to the Lords together Signed, Chr. Codrington. Endorsed, Recd. 10th, Read Nov. 13, 1701. Copy. 1 p. [C.O. 152, 4. Nos. 44, 44. i.; and (duplicate of first letter) 45; and (without enclosure) 153, 7. pp. 255–261.]
Aug 18. 745. Mr. Yard to the Council of Trade and Plantations. Transmitting enclosed from the Lords Justices, for their consideration and report, together with the petition and address of the Inhabitants of East and West New Jersey. Signed, R. Yard. Endorsed, Recd. 19th, Read Aug. 20, 1701. 1 p. Enclosed,
745. i. Petition of the Proprietors of East and West New Jersey to the Lords Justices. Some factious and turbulent people, impatient of any Government, oppose the Administration of Col. Hamilton, because he is not approved of by an Order of Council. The public peace is daily violated and the public justice obstructed. Your Petitioners have agreed and are ready to surrender all their right of Government to H.M. upon such terms as are requisite for preservation of their propertys and civil interests, and which they humbly hope will be allowed to them. They pray for their Excellencies' immediate approval of Col. Hamilton to be Governor of East and West New Jersey until the terms of surrender can be adjusted. Signed, Tho. Hart, Joseph Ormston, Joseph Ormston for Miles Foster and Edward Anthill, Gilbert Molleson, Tho. Barker, Clem. Plumsted, Tho. Cooper, Walter Benthall, Jos. Brooksbank, Dan. Cox, junr., Tho. Lane, Paul Docminique, Tho. Skinner, Jno. Bridges, Michael Watts, E. Richier. Endorsed, Presented by Sir Thomas Lane and others. Read Aug. 14. 1 large p.
745. ii. Humble Memorial of the Proprietors of East and West Jersey. Proposed terms of surrender of their right of Government (Aug. 12, 1701). Printed in Smith's History of N. Jersey, Appendix xiv. 6 large pp.
745. iii. Governor and Council of East New Jersey to the King. Recapitulate case of Andrew Hamilton, 1699. Hamilton, after the Order in Council April 20, 1699, waited upon the Council of Trade and humbly moved that, seeing by the said Representation their Lordships seem'd to hesitate upon the validity of the powers of Government granted by Charles II, he might be directed by their Lordships how to guide himself, being unwilling to act under any commission, which they should judge unwarrantable. Their Lordships by Sir Philip Meadows were pleased to signify that, tho' they questioned the validity of the powers of that grant, and therefore thought it not fit to advise your Majesty to grant the approbation petitioned for, being a recognizing the Proprietors' title, and thereby giving away what they accounted your Majesty's right, yet that they did not thereby intend to inhibit the Proprietors of acting further in the Government; but that, if your petitioner Hamilton governed himself by the Laws of England, the Proprietors would find wherewithal to justify themselves in commissionating him, and your petitioner in acting under it, until their right to Government were vacated by a judicial determination, or that your Majesty's pleasure should be further know therein. But neither the approbation being granted, nor no Instrument sent over to command the inhabitants to continue in their obedience to the Government under the Proprietors, until their right had received a trial at Barr, or your Majesty's pleasure known, the licentious part of the people, who look on all Government to be a yoke, and being encouraged in their seditious principles by letters from England from their Agent, whom they have sent over to extenuate their crimes, that Hamilton was rejected by your Majesty for Governor, and that the Council of Trade had declared all Acts of Government by him done, or any under him to be null and void, have gladly laid hold of this as colour enough, to cut in pieces the reins of Government, and run your people into anarchy and confusion. And as at several times before they have assaulted your Majesty's Justices, and thereby stopt the current of Law, so on March 25. Describes rescue of Butterworth, the pirate. Petitioners pray that your Majesty would be graciously pleased to command the inhabitants to yield their obedience to the Proprietors' Commission until the trial at bar be had, or your Majesty's pleasure thereupon be further known. Signed, And. Hamilton, Saml. Dennes, John Bishop, Saml. Hale, Benj. Griffith, Wm. Sandford.
745. iv. Petition of the Provincial Council and House of Representatives of West New Jersey in General Assembly met at Burlington, May 12, 1701. The Government of this Province, by the evil endeavours of Joshua Barkstead and others now, or lately, in England, is much disordered by their letters to some inhabitants disaffected, who industriously publish the same, to the effect that Col. Hamilton was rejected by the Court, and that Brother (meaning Jeremiah Basse) would suddenly be over with them as Governor for the King, or Surveyor General of the Customs in America. The giddy and factious part of the people lay hold on the above letters to justify their breaking in pieces the whole frame of Government, and refuse to pay taxes, impudently affirming that the Province was without Law or legal authority, and have threatened high against those officers that would attempt to levy it. The Governor and Justices of the Peace, knowing it their absolute duty to preserve the order of Government, took up some of those seditious and disorderly persons, who refused to find security for the[ir] good behaviour. As an instance that those letters and persons debauched the people into a belief that no act of Government could be done under the present administration, about three or four score of the disorderly people came to Burlington, March 18 last, in a tumultuary and riotous manner (taking advantage of the Governor's being unprovided to suppress them because many of the inhabitants of that town are such, whose religious perswasions will not suffer them to bear armes) and forcibly broke upon the prison, and rescued two persons who were under confinement, for refusing to find sureties for their good behaviour, and were known to be very active in raising and continuing our troubles in the Government. Petitioners pray that the King will rebuke the insolency of those ill men, and command their obedience to the present Government. Nothing can lay the good people of this Province under a greater and more lasting obligation than to remain under the care and administration of our present worthy Governor, etc. Signed, Edward Hunloke, Pr., George Deacon, Jona. Beere, William Biddle, Tho. Gardiner, John Thompson, Andr. Robeson; of the Provincial Court. Samuel Jennings, Speaker; Mahlan Stacys, Francis Davenport, Restore Lippingcot, John Scott, Thomas Wilkins, John Adams, John Rambo, Thomas Thackera, John Kay, Archaball Miggle, Simeon Ellis, Phillip Paul, Samuel Hedge, William Hall, John Woodroffe, John Bacon, John Reading, Clerk. [C.O. 5, 1261. Nos. 16, 16.i., ii.; and 5, 1289. pp. 168–200.]
Aug. 18.
746. Journal of Council of Trade and Plantations. Letter from Col. Codrington, June 30, read. Draught of a letter to him agreed upon.
Aug. 19. Draughts of Instructions to the Lord Cornbury sent to Mr. Yard, to be laid before the Lords Justices either in Council or otherwise as their Excellencies shall think fit.
Letter from the Governor of Barbados, June 25, read.
Col. Nicholson having signified in his last letter that H.M. Order, for constituting Mr. Lewis Burwell of the Council of Virginia, was not yet come thither, tho' the same were dispatched here in Sept. last, ordered that the Secretary write to Mr. Perry to know whether it were sent forwards by himself or any other, and in case the same have been lost, to take care that a duplicate be sent also.
Draughts of letters to the Governors agreed upon.
Aug. 20. Mr. Hodges desiring a copy of what has been sent from Barbados in answer to his complaints, ordered that a copy be lent him.
Letters to the Governors signed.
Letter from Mr. Yard, Aug. 18, with enclosures, read.
Order of Council, Aug. 12, approving the Instructions to Brigadier Selwyn, read. [Board of Trade. Journal, 14. pp. 137–140.]
Aug. 18. 747. Minutes of Council of New York. Ordered that the Secretary inspect the books of the Records of patents remaining in his Office, and from thence state and draw up in as exact a manner as possible the dates of the said patents, the quit-rents reserved to H.M. therein, and the lands granted thereby at any time to any of H.M. subjects, inhabitants of this Province, together with the County and Township or place where the same lyeth, and that with all convenient speed.
Aug. 19. Upon reading at the Board the confirmation of the Treaty with Algiers, and the additional articles of Aug. 17, 1700 (q.v.), to the end that the Merchants of this Province may not loose their effects through negligence or ignorance, ordered that a Proclamation issue forth, strictly charging all officers of H.M. Customs not to suffer any ship outward bound to have its clearing until the Master or one of the owners shall produce an Algerine pass. [C.O. 5, 1184. pp. 574, 575.]
Aug. 18. 748. Journal of House of Burgesses of Virginia. Several Claims referred to Committees.
John Catlett signified his inability to attend through sickness. Resolved that he was guilty of a neglect of duty in not informing the House before of the reason for his absence. Ordered that he pay the Messenger 50s. for his trouble, and that he be excused attendance till the state of his health permit it.
The Messenger's fees were ascertained.
Aug. 19. See Minutes of Council in Assembly under date.
Mr. Ballard's absence excused.
H.E.'s Speech further considered. Resolved, nemine contradicente, that H.M. letter, Jan. 19, 1700/1, requiring this Colony to contribute and furnish 900l. sterl. towards the erecting and maintenance of Forts on the Northern Frontiers of New York, hath been obtained by false suggestions and misrepresentations. Resolved, nemine contradicente that the subjects of New York made those false representation[s] merely to gain a contribution from the neighbouring Colonies and Plantations, the better to enable that Province to erect and maintaine Forts for the security of their Indian trade; that the Forts already erected on the Frontiers of New York are no security to this Colony and that (notwithstanding the same) the enemy may and frequently doth come upon our Frontiers and commit murthers and other mischiefs; that the building of more Forts upon the said Frontiers will not anyways avail to the security and defence of this Colony, for that an enemy may annoy or invade the same and not come within 100 miles of any Fort that can be built within the Province of New York; that it is absolutely necessary for undeceiving H.M. and for obviating like grants for the future that the case between this Government and that of New York be fairly and truly represented; that the consideration of a suitable method to make such Representation be referred till to-morrow; that the condition of this Colony is such that we are not able to contribute the 900l.; that sending the quota of men to the Province of New York will be prejudicial to H.M. interest at home and endanger the safety of this Colony; that it is not probable any men can be sent from this Colony soon enough to be serviceable to the Province of New York upon an invasion; that by means of the present publick engagements and such necessary provision as the defence and security of this Colony will from time to time require, wee shall not be able to furnish New York with money in lieu of men. Other passages of the Speech referred for further consideration.
Petition of John Buckner referred to Committee. [C.O. 5 1408. pp. 160–171.]
Aug. 19.
749. Governor Sir William Beeston to the Council of Trade and Plantations. Refers to letter of July 30 and encloses duplicates; also Journal of Council, "by which may be seen what I recommended" to the Assembly "at their meeting, and also that during the time they sate, they were treated only with respect and good advice from that Board, so that why they should run into such extravagancys is unaccountable, only they were sturred up to believe that what a House of Commons could do in England, they could do here, and that during their sitting all power and authority was only in their hands, and that they could call all persons and things under their disquisition, and the chief adviser hereto was that Mr. Totterdale, whom they have raised money for privately and sent him to England to sollicite their complaints, but what those are is not certain, only I have been privately told that one is against my Lord Duke's Act for the Revenue, and another is that none that are of the Council should be Chief Justice, a Judge of the Grand Court or Receiver General, and in that the Judges should not be of the Council, they are in the right, because if an appeal be brought from that Court to the Council as the dernier resort (though none such has been in my time), yet if it should so happen, it is appealing from one's self to one's self, but before this can be remedied there must be men of parts and ability to act in both, which there is not, else it had never been suffered, tho' I know no harm have yet proceeded; another I hear is, they intend to complain that I take and demand money without any law on the exportation of negroes to the Spaniards, about which I must pray your patience to the following relation. It is positively forbidden by the Articles of Peace, that any Trade or Commission be held betwixt the subjects of England and Spain in America, on the loss of all without permission, but it being a great advantage to trade as well as to the importation of much money and boulion into England, it has been all along connived at, but it being in the power of the Governors to permit it or not, they have thought it reasonable that where the merchants got soe much they ought to get something for their permission, and therefore the Governor my predecessor had 20l. per head, and often more for negroes exported. The trade increasing in my Lord Insequin's Government, a bill was presented him, (such as I have passed and this last Assembly rejected), but he laught at them, tho' in the Bill they made a present to him of 2,000l. After my being here some time it was offered to me, and I having no family to make, nor very earnest for enquiry after money for that reason, and seeing it might be of service to H.M. and the country, I freely gave my consent to it, but was soon after upbraided for it by some of the chiefest of the merchants, who told me if the country wanted money for its support, the Assembly must raise it, but this was giving so much out of my own pocket, for which reason when this last Assembly so ungratefully threw it back in my face, I told them I would not be angry with my advantages, but would pick it up myself, since they rejected it, and presently gave order to the Naval Officer to clear no negroes goeing to the Spaniards but who paid him 20l. per head for me, as had been usual to my predecessors, on which the Speaker sent his warrant to apprehend him, and commanded all Constables and all H.M. liege people to assist their Messenger therein, which as soon as I heard of, I sent the Provost Marshall to contradict it, and told them he was one of H.M. Officers over whom I thought they had no authority, for if he had done anything well, they could not reward him, and if he had done anything ill, they could not punish him, that I knew no harm he had done to any, but if he had, the Law was open and any man might thereby right himself. This is the truth of the business, which I did not doe that I cared soe much for the money, but because I would not make an ill president to my successor, and chiefly because the Assembly was so undutifull to His Majesty and ungrateful to myself, but for the money that arises thereby, it's for H.M.'s permission to trade contrary to the Peace, and therefore if H.M. shall please to direct it to any other use, I shall readily shew my obedience therein, being more solicitous to do anything that may please and serve H.M., than for any advantage to myself.
I have received your Lordships' letter of May 23; to what you have been pleased to say about Mr. Brodrick, I can give no other answer then I have already, which was that myself and the Council do beleive (and also do think he is conscious to himself) that he has not Law enough to be Attorney General, nor to advise the Governor, Council or the Judges on any emergent occasion, which was the only exception, for he is generally believed to be an honest man, and therefore what has been said of him, the person that endeavoured to be Provost Marshall, or any other, is not in any peeke, but that H.M. and the Country may not be ill-served by men not fitting for their imployments, and the Treasury Records and all things of great concerne to men's estates may not be tumbled about into new hands at the will of the Patentees, perhaps every three or four months, and before they understand their business, when there are good officers in those places who well understand what they are about, and constantly pay the dues arrising to the Pattentees, these things make the country uneasy, and they think their estates precarious, when the records of them must be trusted into the hands of new people, who are strangers to the place and business. As to the Chancery Courts, there has been no complaints that I know of, nevertheless your Lordships' directions therein shall be obeyed. On these comotions of the Assembly, I drew up some querys, and asked the advice of the Attorney General and one Mr. Thurger, of the King's Council at Law, who gave me their answer to them in writing, all which I remit, and do not so much wonder now at their courage in the Assembly, as I did, because just now the said Mr. Thurger came to me and voluntarily offer'd me his deposition, which I took and now also thereof doe send the duplicate, by which it will appear to your Lordships that this Mr. Totterdale was the only cause of all this trouble, and did it designedly, tho' I never heard any given him by any of this Government, nor can guess his reasons, but he added withall to Mr. Thurger, that he never forgave any man that did him any injury, but to his utmost at all times would do all he could to revenge it; this I hope and doubt not but will lett your Lordships see what errand he is sent about, even to gratifie his own malice, and leads those who have furnished him with money for his voyage to shift for themselves, for it's believed he never designes hither again, but it's pitty that he should be rewarded for setting up against the King's authority and setting all this Island in a flame, who were before in great quiet and friendship. It's the opinion of the Council as well as myself that I cannot call an Assembly to acquaint them with H.M. letter before my successor arrives, he being soon expected, the usual time for the writs will not be run out, therefore it's to no purpose to attempt it, nor would it be yet, till some time is run out and people cool'd, for they now talke about the country, that let an Assembly be called, there shall not four men be changed, and that they will meet with the same minds and tempers as when they parted, therefore till there be some marks of H.M. displeasure shewn towards them, there will be nothing done to any purpose by them, therefore this I must leave to him that succeeds me, to whom (being very willing to be rid of such obstinate troubles) I shall with much willingness resigne my authority. Signed, Wm. Beeston. Endorsed, Recd. 17th, Read Nov. 18, 1701. 2½ closely written pp. Holograph. Enclosed,
749. i. Abstract of preceding. 1 p.
749. ii. Copy of some queries proposed [by Governor Sir William Beeston] to Thomas Barrow, H.M. Attorney General, and Robt. Thurgar, one of H.M. Council at Law. (1) Whether it be in the power of Assembly to send the Speaker's warrant, without leave of the Governor, peremptorily to command Five of the Gentlemen of ye Council to appear before them and to give them an account of what they have nothing to doe with. (2) Whether it be in the power of any one man, or any community of men, by their own authority to order a Proclamation to be solemnly published without the King's name, authority or seal to warrant it, and what is the crime for soe doing? (3) Whether it be in the power of the Assembly to send the Speaker's warrant directed to their Messenger to take into custody, and by consequence into prison, anyone of H.M. subjects, not a Member of their House, and to command all Constables, and all H.M. liege subjects to be aiding and assisting their said Messenger in executing their warrant, without H.M. name or authority mentioned in the said warrant. (4) Whether such arbitrary proceedings be not contrary to the writ they are called by, and an invading H.M. Prerogative and authority, and endeavouring to set the authority in the power of the people. (5) Whether their pretending to make an Address to the House of Commons in England, because they are obstructed in their violent and arbitrary proceedings be not a tacit renouncing H.M. authority. Answers. (1) The Assembly have noe such power. (2) No person but the King or his Representative, or some one specially by him deputed. (3) We know no power or authority they have to warrant such proceedings. (4), (5) The Assembly sit by virtue of H.M. Commission and H.M. is the proper person to be applied to. Signed, T. Barrow, Robt. Thurgar. Endorsed, Recd. 17th, Read Nov. 18, 1701. 1 p.
749. iii. Copy of Deposition of Robert Thurgar, of Port Royal, Aug. 18, 1701. Some time after the last Election of Members for the Town of St. Jago De la Vega, deponent riding in company with one Hugh Totterdale, one of the Members elected for that town, heard him express himself to the effect that he was glad he was elected, for that now he had an opportunity of coming up with the Government, who had given him abundance of affronts, and that in return he would make it his business to cross and oppose them in everything, so much as lay in his power. Signed, Robt. Thurgar. Endorsed as preceding. 1 p.
749. iv. Memorandum of Journal of Council in Assembly of Jamaica, June 24—July 28, 1701. Slip. [C.O. 137, 5. Nos. 54, 54. i.—iv.; and (without enclosures) 138, 10. pp. 306–314.]
Aug. 19. 750. Minutes of Council of the Massachusetts Bay. Upon information given by a letter from Samuel Cranston, Governor of Rhode Island, of a ship and sloop that for the space of a fortnight had been hovering betwixt Rhode Island and Black Island, and had been in at Tarpolin Cove, pretending they came from Curracao, and that some of the Company had been on shore there and treated with a boatman to take in some bailes (as they said) of canvis, from on board said vessel, to be transported to Rhode Island, and that said vessels were suspected to be pirates, or upon an unlawful design, Resolved that an order be made out to Capt. Josias Crowe, H.M.S. Arundel, to sail in quest of the aforesaid ship and sloop. This order was drawn up and signed. [C.O. 5, 788. p. 80.]
Aug. 19. 751. Minutes of Council of Virginia. Mr. Auditor Byrd laid before H.E. and Council the state of H.M. Revenue upon quit-rents 1700, and upon the 2s. per hhd. Oct. 25, 1701—June 10, 1701. [C.O. 5, 1409. p. 145.]
Aug. 19. 752. Minutes of Council in Assembly of Virginia. Committee appointed to consider the method for strengthening the frontiers. Joint conference proposed for that purpose.
Joint Committee appointed to inspect ye proceedings of the Committee to examine the claims to land in Pamunkey Neck and Blackwater Swamp.
Mr. Thacker representing that there are two books of Patents so very old and decayed yt. unless they be speedily renewed by transcribing they will be utterly useless, he was referred to the Burgesses. And see preceding abstract.
Aug. 20. Joint Committee appointed to consider several propositions concerning the building the Capitoll.
Aug. 21. The above-mentioned Committee returned their report. [C.O. 5, 1409. pp. 350, 470–473.]
Aug. 19. 753. Minutes of Council in Assembly of New York. The Representatives being all met, except one of the members of Queen's County, took the oaths etc. appointed. The Governor then directed them to choose a Speaker, and having chosen Abraham Gouverneur, they presented him to the Governor, who confirmed their choice, and their former rights and privileges. The Governor delivered his Address. See Aug. 20. No. [C.O. 5, 1184. pp. 863–867.]
Aug. 19. 754. Journal of House of Representatives of New York. See preceding abstract.
Ordered that the thanks of the House be returned to the Governor for his kind and affectionate speech.
A motion being made that William Nicoll, one of the Representatives of Suffolk, and Major Wessells, one of the Representatives for the City and County of Albany, were not qualified according to the late Act, they not being inhabitants and residents in the Counties for which they were chose, they were ordered to withdraw. And the House ordered, that this House will not proceed on any other thing until that matter be decided.
Aug. 20. Mr. Nicoll said that he was not chose of his own seeking; since he was, he would defend his right as long as he could, and that he was sorry to say what he was since informed, that you, Mr. Speaker, are not born the King's Natural subject, and so not qualified to be in the Chair, and until you give us further satisfaction of that matter, we cannot sit and act with you. The Speaker replied that the vote of yesterday was, that this House would not proceed on anything until the matter relating to Mr. Nicoll and Major Wessells was decided, and then would give them all reasonable satisfaction. Whereupon William Nicoll, Major Derick Wessels, Minert Schuyler, John Abeel, Killian van Ranslaer, Matthew Howell, John Jackson, Daniel Whitehead, John Drake and Joseph Purdy immediately withdrew, notwithstanding the Speaker often commanded them, in the name of the House, to stay and attend the service of this House. Upon investigation the House decided that Major Derick Wessells was not qualified according to the Act. Ordered that Rhyer Schermerhoorn, the next on the poll, be received as a Member of the House in place of Major Wessells. (Printed.) [C.O. 5, 1184. pp. 995–998.]
Aug. 20.
755. Council of Trade and Plantations to Lieut.-Governor John Nanfan. Since our last to you of May 7, we have received yours of May 20 and June 9. We had also, before the receipt of yours, one from the Council of New York, March 10, two from Mr. Smith, Mr. Schuyler, and Mr. Livingston, April 30 and May 5, one from Mr. Smith, May 10, and one from Mr. Livingston, May 13. We are satisfied to understand that your arrival at New York had put an end to the disputes that were risen amongst the Counsellors there about the devolution of the Government, concerning which we will only say that we do not find by H.M. Commission to the Earl of Bellomont that any distinct power is conferred on a President separate from the rest of the Council. [The passage in italics is marked with a query in the margin.—Ed.] The heats that have been long amongst the Counsellors and others are so very prejudicial to that Province, that we think it proper to renew our directions to you that you use your utmost endeavours to allay them. We are sensible of the hardships the soldiers lye under, and have done what we have been able upon all occasions for their incouragement. We are very well pleased with the care that has been taken there for their present subsistence. And as Mr. Champante is hitherto continued in the Agency, and does accordingly look after their concerns, we doubt not but he gives you due notice of all things relating thereunto.
Your letter does not require any particular answer. But we do expect the success of the meeting of the Assembly that you had called; the effects of your intended meeting with the Indians; and an account of the state of defence of the Province with what else you promise. We have given due information of what you write, or what we have otherwise understood concerning the timber-plank and masts that were provided by the Earl of Bellomont, and doubt not such orders will thereupon be given as shall be thought fit. The Earl of Bellomont, Feb. 21, proposed to us some doubts concerning foreigners endenized in England, upon which we took the opinion of Mr. Attorney and Solicitor General, and we now send you here inclosed a copy thereof. You will have understood that H.M. has been pleased to confer the Government of that Province upon the Lord Cornbury, whose dispatches are now preparing. In the meanwhile the care which you have hitherto taken in the Government will be a means to recommend you to H.M. favour in some other Station. Signed, Ph. Meadows, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1118. pp. 401–403; and 5, 1079. No. 78.]
Aug. 20.
St. John's in
756. George Larkin to the Council of Trade and Plantations. I am now about to leave this place, where I arrived the 24th of the last month, having delivered to the Commander in Chief the duplicate of the Commission, copies of the Act of Parliament and Proclamation. As to the Rules and Forms of Proceedings, which I have settled here with the Commissioners, I crave leave to refer your Lordships to the papers, which comes herewith enclosed, a copy of which I have left with the Commission for the succeeding Commandore, which by directions of the Lords of the Admiralty is to be deposited in the hands of the Commanding Officer of the Fort. Captain Graydon hath appointed one Mr. Henry Newman, a merchant here, to be Register, to whom I have given such Instructions as are necessary, and have layd downe everything so plaine, that if any pirates shall happen to be seized, I think there cannot well be any error in the proceedings. I have not heard of any that have been upon the coasts of Newfoundland this yeare. I find that the Rules and Orders conteyned in the Act for the more advantagious management of the Fishery are not so much regarded as I could wish they were. The reason I attribute to the want of a penalty; the trees are rinded, and the woods destroyed as much now as they were before the making of the Act, and in few years, unless prevented, there will not be a stick fit for the use of the Fishery within five or six miles of this and some other harbours where I have been, and the Flakes which are to be left standing, are most of them made use of by the inhabitants for firing in the winter. The present Admiral of this harbour, Capt. Arthur Holdsworth, Commander of the Nicholas of Dartmouth, brought over from England this fishing season 236 passengers all or great part of which are By-boat keepers, and under a pretence of being freighters aboard his ship, which is only for some few provisions for their necessary use, he hath put and continued them in the most convenient stages etc. in this harbour, which all along since the yeare '85 have belonged to fishing-ships, insomuch that several Masters of fishing-ships have been obliged to hire room of the Planters. These By-boat keepers are most of them able fishermen, and I don't heare that there is any Freshmen or Greenmen amongst them as the Act directs. I am credibly informed that this very person, and one or two more that constantly use the Newfoundland trade, in the beginning of the year make it their business to ride from one Market Town to another in the West of England on purpose to get passengers, and make an agreement with them that in case they shall happen to be Admirals of any of the harbours, [that] they will put and continue them in fishing-ships roome. This is a very great abuse and discouragement to the Adventurers. Besides, these By-boat keepers can afford to sell their fish cheaper then the Adventurers, which must lessen the number of fishing ships.
The great complaint is against the New England men and some merchants of that country, that for these seven or eight years last past have resorted to this place during the fishing season, that they have their Agents in most harbours in the land, by means whereof they know what is brought to every place, and so drive an indirect Trade, and supply the Plantations with several commodities, which they ought to have directly from England; that their vessels generally make two or three trips in a year with bread, flower, porke, tobacco, molasses, sugar, lime-juice and rum; that they sell their provisions some small matter cheaper to the inhabitants, but then they oblige them to take a quantity of rum. This rum the inhabitants sell to the fishermen, which encourages them to stay behind and leave their families in England, which oftentimes become burthensome to their respective parishes; that the inhabitants sell rum also to their servants, who run in debt, and are forced to hire themselves for payment thereof; one month's profuse living and a pair of shoes leaves them in bondage for a whole year, and though as good fishermen as any in the land and may deserve 15l. or 20l. per annum, they make them serve for seven; that the New England men never carry their fish, which they receive in exchange from the inhabitants and planters for their cargo to market, but either sell the same upon bill in England, by which they gain five or six and thirty pounds per cent., or else for wine, brandy, dowlas, and other sorts of linen cloth, silks, alamode and lustring, sarcenets and paper from France; that in the close of the year they inveigle and draw away a great many seamen, fishermen, and servants with promises of great wages, and when they come there, not meeting with that encouragement they expected, severall of them betake themselves to a dissolute sort of life, and in the end turne Rogues and Pyrates. I am told that the New England vessels last year carryed out of Conception Bay upwards of 500 men, some of which were headed up in casks, because they should not be discovered. Of what consequence this is to England, your Lordships are the most proper judges. But if your Lordships think fitt, the same may be for the future prevented by the Master of every New England vessel's giving bond of such penalty as shall be thought meet at the Custom House where he is cleared, that he shall not carry any seamen, fishermen, or servant as passenger or otherwise (except his ship's company) from Newfoundland to New England, or any of the King's Plantations, without leave in writing first had from the Commander in Chief of the Newfoundland Convoy; And that there is scarce a vessell that comes from New England to Newfoundland, whose bills of lading and stores mention above one halfe of the cargo that they have aboard, or returnes again to New England but what is seizable. I don't hear but of one New England but what is seizable. I don't hear but of one New England vessel that fisheth upon this coast this yeare, and that is one Captain Pitt at Ferryland.
The inhabitants and Planters of Newfoundland are a poor, indigent, and withall a profuse sort of people that care not at what rates they get into debt, nor what obligations they give, so that they can but have credit, but the seizing of their fish for debts seems to me to be both irregular and unjust as to the time and manner of doing it, and the fishermen seeing the rocks stript before the fishing season is half over are discouraged from proceeding any further, which often proves the ruin and overthrow of severall of the Planters' voyages. Debts were never wont to be paid in Newfoundland till the 20th of August, but for these two or three yeares past the Rocks have been stript by night, and the fish carryed off in June and July, without weighing, a second hath come and taken it from the first, and perhaps the Planter hath had twenty or thirty quintalls of fish spoyled in the scuffle, and the rest of his creditors are forced to go without any satisfaction; nay, the poor Fishermen who helped to take the fish have not one penny wages: salt provisions and craft are all payable here before wages, and considering how poor fishermen are used, I admire how the Planters and Inhabitants procure hands from England to fish for them. Indeed, when complaints of this nature have been made to the Commander-in-Chief, he has ordered the fish to be redelivered and dividend to be made, but my Lords, here is in Newfoundland at least 5 or 6 and 20 several harbours, besides coves, and it's a great way for people to come from Bonavista and Firmooze to St. John's to make their complaints. The Admirals they'l not concern themselves, but leave all to the Commandore. They ought to see to the preservation of peace and good government among the seamen and fishermen, that the orders for the regulation of the fishery be put in execution; and to keep journals, but instead of this, they are the first that break the orders, and there is not of them where I have been that hath kept any Journal. The late Act gives the Planters a title, and it's pity but that they had some Laws and Rules by which they should be govern'd, tho' it's the opinion of all that I have conversed with since I came here, that it had been much better if all Plantations in Newfoundland had been absolutely discouraged, for it's now become a sanctuary or place of refuge for people that break in England, and the Masters of the fishing ships do encourage several of their men to stay behind, persuading them that they will soon get estates here, purely to serve the charges of their passage back to England.
It hath been customary for the Commander in Chief upon complaints to send his Lieutenant to several harbours and coves, to decide all differences betwixt Commanders of merchant ships and the Inhabitants and Planters, and betwixt them and their servants. It's truely an absolute shame to hear how matters have been transacted upon such occasions. He that makes a present of the most Quintalls, is sure to have the matter determined in his favour. The whole Country exclaims against the Lieutenants in Capt. Poulton and Fairborne's time, and do not stick to say that some former Commanders in Chief have been a little faulty. The present Commander hath taken a great deal of pains to do the country justice, and to settle Religion amongst them, and everybody seems to be very well satisfied with him. There has never been any account or registry kept of any of the orders or rules that have been made for the good of the fishery; what one Commander in Chief hath confirmed, the next hath vacated. I have prevailed with this to leave an abstract of all such as have been made during his time with the Commission for tryall of Pirates for his successor. Several quarrels and differences happen here after the fishing season is over, and in the rigor of the winter Masters beat servants, and servants their Masters. I would therefore propose that one of the most substantiall inhabitants in every harbour be appointed in the nature of a Justice for preservation of peace and tranquility, and that some person that understands the Laws be sent with the Commander in Chief, or to reside here, in the nature of a Judge-Advocate, to decide all differences and matters of meum and tuum betwixt Masters of ships, Inhabitants, Planters and Servants; that he have a power to administer an oath to parties or witnesses for determination thereof in the most summary way, and that he be obliged to go every year to Bonavista, Trinity, New Perlican, Old Perlican, Carboneer, St. Johns, Bay of Bulls and Ferryland, and to stay a fortnight or three weeks in each of them. He may be usefull here upon several occasions. Besides your Lordships will not fail of a true account, how all matters are transacted in Newfoundland.
I meet with very few here that can give any account of the French, only that they have fiefty sail of ships, all Adventurers, at Placentia this season; that provisions of all sorts are cheaper there; that their boats have made much the same voyages that ours have here, viz., from two to four hundred quintalls for a boat; that there is but one ship of war, which brought stores, and that they are very busy in fortifying the Fort at Placentia. We have had very stormy weather upon this coast. Three ships have been cast away in Petty harbour, a Ketch and another vessel in Tuds Cove. Signed, Geo. Larkin. Endorsed, Recd. 15th, Read Oct. 16, 1701. 4 closely written pp. Enclosed,
756. i. Abstract of preceding. 1¼ pp.
756. ii. Rules and Forms of proceedings, to be observed in the Admiralty Courts for the trial of pirates at Newfoundland, drawn up by Geo. Larkin and the Commissioners on board H.M.S. Assistance in the Harbour of St. John, Aug. 11, 1701. Endorsed, Recd. Oct. 15, 1701. 6½ pp. [C.O. 194, 2. Nos. 44, 44.i., ii.; and (without abstract) 195, 2. pp. 447–466.]
Aug. 20.
757. Council of Trade and Plantations to Governor Blakiston. We wrote to you Feb. 18, June 13 and July 22, unto which letters we expect answers in course. Those we have received from you, not yet fully answered, are dated Jan. 20 and April 5, 8 and 15. In the first, you give us the names of only four persons to supply vacancies in H.M. Council, which is not according to your Instructions, for you are thereby required to take care that we have always a list lying by us of twelve persons fit to supply such vacancies. However, being sensible at that time of the want of Counsellors in that Province, and one of those you therein named having been put in before, we represented to H.M. our opinion that the other three might be constituted Counsellors also (viz. Mr. Edward Lloyd, Mr. William Holland and Mr. James Saunders) and H.M. having been pleased to constitute them accordingly, we enclose a copy of the Order of Council thereupon, presuming that the several original orders may have been sent to them by their correspondents. In yours of April 5, you tell us that you had wrote to Mr. Secretary Vernon for H.M. leave to come for England the next year, in case your health permit you not to stay in that Country. We have yet heard nothing from him upon that subject, and heartily wish there may be no such occasion to move H.M. therein. Upon the death of Mr. Laurence, his father Sir Thomas did desire the Secretary's place, and H.M. has accordingly been pleased to confer it on him. So that he is now about repairing to those parts in order to take it upon him, and execute the same in person. Directions given, as to other Governors, for holding Courts of Chancery. (Cf. No. 472.) Signed, Ph. Meadows, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 726. pp. 95–97.]
Aug. 20.
New York.
758. Lieut.-Governor Nanfan to the Council of Trade and Plantations. My last to your Lordships was June 9th. I have since mett with our Five Nations of Indians at Albany, and now inclosed send the journal of the Agents I sent to Onandage in order to watch the motions of the French Agents sent thither, vizt. Mons. Maricour and the Jesuit Bruias; the conference with our Five Nations, with an Instrument I have procured from them, whereby they convey to the Crown of England a tract of land 800 miles long by 400 broad, including all their beaver hunting, with a draught, the most accurate I have been able to procure, of the situation of our Five Nations, as well as that land conveyed to H.M., which your Lordships may please to observe begins at Jarondigat, and is within the prick't line. I heartily wish and hope it will prove both serviceable and satisfactory to H.M., and if I have your Lordships' approbation of [my] industry, I have my ends. In perusal of the Conference your Lordships will see how intirely I have fixed our Indians in their obedience to H.M., and in their friendship to this and his [Majesty's] neighbouring Provinces, wch. I hope may be equally serviceable and satisf[actory]. I brought with me to New York Decanissore, the grate Indian of Onandage, and sent him up extreamly satisfied with some small presents, he giving me great assurances of his [? zeal] for H.M. interest.
I since am honrd. with your Lordships' packetts via Boston, of 29th and 30th April, directed to the Earl of Bellomont, or Commander in Chief, and one other packet of the [7th] May, directed to myself.
As to the first, I immediately ordered H.M. proclamation re[lating to?] pyrates to be read in Council, and then published, and shall exactly observe all your Lordships' Orders conteined in that letter. As to that of the 30th, with H.M. Order as to Mr. Weaver's salary, I also read in Council and directed accordingly. As to that of May 7th, I shall as carefully observe both as to your advice and your direction, and to shew your Lordships that it was my opinion that neither H.M. nor the Province cou'd be served during the heats and annimosities of partys, I inclose two Proclamations I issued on the desolution of the late Assembly, and my speech to this Assembly, who mett yesterday. Your Lordships will see my intention is to revive an Act expired in May last, which I hope to effect, and doe promise myself great assistance from so honest and so judicious a gentleman as our Chief Justice, for H.M. service and the service of this Province.
As to the fortifications on our frontiers, what are of the old yet standing are so much out of repair that they are perfectly unserviceable. Col. Romer I have not been able to procure from Boston, tho' I have wrote often to him and the late Lieut.-Governor the absolute necessity there was of his immediately beginning to fortifie Albany and Schenectedah, but the Council and Assembly resolve to detain him till he has fortified their Castle Island. I carried with me one of the Surveyors Generall, and to make a beginning, I staked out one of Col. Romer's designes, vizt. the oblong square sent to your Lordships, beleiving it to be most conducible to the safety of the Town, and on the Coll.'s arrival I will forthwith order him to proceed, and from time to time give your Lordships an account of our progress, and as to the Fort at Onandage, not having seen Col. Romer, I have not been able to inform myself in that matter.
I most humbly thank your Lordships as to the augmentation of my Sallary, and shall from my arrival last from Barbados receive it, as your Lordships conceive I am intituled to by H.M. Commission, till H.M. pleasure be further known. I shall make it my entire business the improvement of H.M. Revenue, and take particular care that all the officers concern'd therein effectually doe their dutys. The books and accounts of H.M. Revenue are in the hands of the Commissioners for Accounts, but the late Act of Assembly being something defective, they could not very well proceed, but I have recommended it to the Chief Justice to make such amendments as it requires, and will to this Assembly the continuance of it for some longer time. Signed, John Nanfan. P.S.—I am disappointed of the 2d. quarters minutes, and this ship just going, I will send them by a vessel will goe very soon. Endorsed, Recd. 1st, Read Oct. 2, 1701. 2¾ pp. Edges torn. Enclosed,
758. i. Abstract of preceding. 11/8 pp.
758. ii., iii. Two copies of Lieut.-Governor Nanfan's Proclamation for dissolving the Assembly of New York. Whereas it hath pleased Almighty God, in the time of my absence from this Province, to take unto himself the truly noble Lord Richard, Earl of Bellomont, and that the time, to which the General Assembly was by His Excellency last prorogued, did happen after his death and before my Return again, by which means warm debates did arise and some misunderstandings happen about the right of administration of Government, and particularly in the House of Representatives, concerning the legality of their sitting, since the late Earl of Bellomont's decease. I being desirous to put an end to all differences and misunderstandings amongst His Majesty's subjects, the inhabitants of this Province, and that for the future they may be firmly united in his Interest and Service, as well as their own good and Wellfair, have therefore thought fit, and I do by these presents declare the Assembly of this Province Dissolved. Given at Fort William Henry in New York, June 1st, 1701. Printed by W. Bradford, Printer to the King's most Excellent Majesty in New York, 1701. No. iii. endorsed, Recd. Oct. 1, 1701. 1 p.
758. iv., v. Two copies of Lieut.-Governor Nanfan's Proclamation for fair elections of Assembly men. Dated, printed and endorsed as preceding.
758. vi. Speech of Lieut.-Governor Nanfan to the Assembly of New York, Aug. 19, 1701. I cannot but take it as a presage of the future success of my endeavours for the good of the Province, that at this time, when the danger of warr makes it requisite to be well assured of the fidelity of our Five Nations of Indians, they have not only repeated their assurances in such a manner as has been held sacred among 'em, but convey'd to the Crown of England a vast tract of land of great consequence for preventing their necessity of submitting to the neighbouring power. His Majestie, who is a most indulgent Father to his people, has manifested a particular care of you. Besides the constant charge of the additional forces, he has out of his owne Exchequer supply'd 2,500l. sterl. for Forts and 800l. in seasonable gifts to the Indians, and for the better administration of Justice among you, has setled 300l. a year upon a Chief Justice, and 150l. upon an Attorney General, all wch. are of that importance to you, that so much money may well be thought spared out of your purses. I perswade myself I need not press this as a motive for your continuing the Act intituled an Act for raising an Additional Duty for the defraying the debts of the Government, which expir'd in May last, and it may deserve your consideration whether the last Act for granting H.M. several duties for the defraying the publick charge of the Government want not some amendments, to make it more effectual; you cannot but know that [your?] own interest and preservation are nearly concern'd in the support of the Government. This I hope may prevaile with you to lay aside all heats and animosities and to proceed unanimously to those things that may tend to the security and happiness of this Province. I should think that every man would be sensible that unity and unanimity is at this time more necessary then it has ever been since your being under the protection of the Crown of England. As I can answer for the sincerity of my own intentions, I doubt not but you will find a concurrence in the Council, and I hope we shall every one strive who shall excel in zeal for the good of this Province, and the service of H.M. etc. Endorsed, Recd. Oct. 1, 1701. Copy. 1¾ pp.
758. vii. Journal of Capt. Johannes Bleeker, junr., and David Schuyler, Journey to Onnondage, being sent thither by the Commissioners for managing the Indian Affairs, Albany, June 2, 1701.
June 3.—We set out from Shinnechtady and came to the Protestant Maquase Indian Castle, and told them that wee were bound to Onnondage, to hear what Monsr. Marrecour had to propound to the Five Nations. June 4.—We came to the furtherest Castle of the Maquase. The Sachims desired us to stay a day, and they would send some of their number with us to Onnondage to hear what Marrecour had to say, which wee did. June 7th.—We gott to a Creek called Eghwake. June 8.—We gott to Oneyde, where the Sachims desired us to stay a day and they would send Sachims with us, which wee did. June 9.—Mathys Nack came to us in Oneyde with Instructions from the Lieut.-Governor and Council to require the Sachims of the Five Nations to meet His Honour at Albany in 30 days. Whereupon we convened the Sachims of this Castle, and acquainted them therewith, and gave them seven hands of Wampum. June 10.—We went from Oneyde with five Oneyde Sachims, and arrived at Onnondage, and called the Sachims together, and told them that the Lieut.-Governor expected them att Albany in 30 days, and gave seven hands of Wampum. June 11.—We sent two Onnondage Indians express to Cayouge and the Sinnekes Country to acquaint the Sachims to be att Albany in 30 days. June 13.—The two messengers returned. June 14.—This evening four Sinneke Sachims arrived, whom the Onnondages had sent for to hear what M. Marrecour had to propose, and to consult about two Belts, the one being sent by our Governor and the other by Marrecour. The Belts were relating to Religion, which were rejected by the Onnondages, what the Cayouges and Sinnekes will doe, time will learn. Dekannissore, Chief Sachim of Onnondages, lately from Canada, doth say that when he came to Montreall, the Governour received him kindly, saluting him with two kisses, telling him he was glad to see him alive, and while he was discoursing with the Governor, a person of quality came in whom the Governour's Interpreter told, This the great Hero, whose picture you have seen att Paris, and further that he din'd with the Governour at his table, and din'd also with a Clergy man, a Fryer, who desired that he might have his picture drawn, that he gott many presents of the Governour, a gunn with two barrells, a lac'd coate, a hatt, a shirte, tobacco and sundry other things. After six days' stay, he told the Governour he would return, which the Governor left to himself, adding that he would not press him to stay, since he knew that if he was not in the Castle all would run into confusion, telling him withal that he would be wanted there to send for the Cayouges and Sinnekes against Marrecour's coming to Onnondage. Dekanissore told the Governour he would send for all the Five Nations together and for his brother Corlaer likewise; the Governour told him he might do his pleasure, that he never said anything but everybody might hear it, and caused him to be conveyed by three French men above Cadarachqui, telling them not to lett him padle all the way, which was punctually observed.
We endeavoured to satisffie him of all the French Intrigues, and told him to goe to Albany to hear what proposalls would be made there with a considerable present, and that the rather because he had not been there last summer, when the Sachims were there, and being lately come from Canada would be best able to give an account of affairs there, asking him withall what he had done in Canada, who answered wee should hear that when all the Sachims of the Five Nations were met together.
June 18.—We desired the Sachims to meet, since wee would send a post to Albany. They said they were not a full house, and soe could not give a positive answer, but as soon as the rest of the Sachims were come, would tell us when they went to Albany, and would send a post before. This day a post came, who told that Mons. Marrecour was a comeing, that he would be here to-morrow. A while after, a Frenchman and an Indian came, who desyred of the Sachims who were then mett, that they would receive M. Marrecour at Caneenda, 8 miles from Onnondage, and that some squaes should goe along to carry the baggage. The Sachims forthwith went with a great company to receive him. They asked us to go along, but we told them wee were sent to Onnondage, and not to Kaneenda. They came in the next day in great triumph with the French flagg. The Sachems mett together and the French made their proposalls, amongst the rest the Jesuit Bruyas told them of the King of Spain's death. June 22.—When we were all convened, the Cayouges acquainted Corlaer and the Four Nations that they had lost their great Capt. last fall, called Kanonaweendowanne, and have got his brother to succeed him, who takes the same name. They gave a bunch of wampum to each Nation, and to Corlaer also. The Onnondages did also acquaint the Assembly of the great loss they had lately sustained by the death of Sakoghtinnakichte, one of their Chief Captains, last winter, and have nominated another in his room, with the same name, and gave each Nation a bunch of wampum.
June 19.—Dekanissore, Chief Sachim of Onnondage, doth in the publick meeting of all the Indians acquaint them that he had been lately at Canada, and had spoke to the Governour by 14 beavers as follows:—Father, You see here your Child who treated with you here last year, that if any of our people should be killed, wee were to acquaint you of itt, and now I am come to tell you that they have killed of our people twice since that time; and you told us then that you would send for those that did the mischiefe and they should make reparation. It had been most well if you had said then that those who kill should be killed themselves, if we had had a fowl heart, when wee were killed, wee would have killed them again. Gave a Bunch of Wampum.
You told us, your Children, to come and trade here, and now you see us come, who heartily salute you. Gave three Beavers. We desire you to let us have good pennyworths. Gave three Beavers. Your Governour are very unfare to goe about to build a Forte att Tuighsaghrondy before you acquaint us therewith. I thought you would have told us when you had any such design, and desire you doe not proceed with your worke till the middle of summer, and then our Sachems will be here when wee will treat about that matter. Gave four beavers. Wee hear they are going to warr in Europe. Tell us the truth of that matter.
We tell you further that the Wagannes take our land from us where we hunt beaver. Let them hunt upon their own land, els wee shall kill one another for the Beaver when we meet together. We doe suspect that some have been kill'd already by this means; therefore desire that the Waganhaes may make a little room, that we may finde out who knocks one another in the head. Let us have no controversie for that place where the Beaver keep.
The Governor of Canada answer[ed] with three Belts and a Bunch of Wampum:—Children, we treated here last year, and I told you, if any of your people were killed, to tell me of itt, and itt is now twice that I have heard your complaints of your men being kill'd. I have said nothing to it yet. But as soon as my ambassador comes from Ottawawa, I will think of your complaints. It would not be well to speak of it before I knew the matter. Did give a Belt.
I make a Fort at Tjughsaghrondy to supply you with all necessaries, when you are a-hunting, powder and lead, etc. and what else you shall want. Did give a Belt of Wampum. You say it is warr, but I know nothing of the matter. It is now Peace with all you Five Nations, and therefore doe not hearken to any ill discourse, and be quiet and hearken not to your Brother Corlaer when he stirs you up to evil. It is now Peace as long as wee live, and if there be warr again let us fight along with your Brother Corlaer, and you may have powder where you please, either at Canada or from your Brother Corlaer, and then you will live in peace. You shall have two roads to goe in safety, while wee will be att war, one to your Brother Corlaer, and another to us in Canada. Did give a Belt of Wampum. You tell me I am not good, but nobody knows my thoughts. If M. Marricour had known my design last fall, he would have told you that I would have made a Forte at Tjughsaghrondy, and hereupon I gave a Bunch of Wampum.
Dekannissore replied:—You have now spoke, but I would not have you write anything down, for I cannot come to treat of any public affairs, only this I say, that you and our Brother Corlaer will quarrel because nobody knows your thoughts. I will acquaint your Brother Corlaer with what you have said, as also the Maquase.
This Dekanissore told in the presence of M. Marrecour, when he was about to make his propositions to the Five Nations, June 19, 1701, in Onnondage:—You Sachims of the Five Nations, your Father Nondio, Governor of Canada, calls you to come in 30 days to him. Did give a Belt of Wampum. I demand now all our prisoners, Christians and Indians, that are still among you, and I will now take them along with me. Did give a Belt of Wampum. I doe now acquaint you all that wee doe make a Fort at Tjughsaghrondy. We had such thoughts last winter, when you were at Kadarachqui to build a Fort there to prevent all inconveniences of the Waganhaes. Do give a Bunch of Wampum. I doe acquaint you with the death of the King of Spain, and that the Dauphin's youngest son succeeds him in that Kingdom, which is a very great country, and like to be a great deale adoe about itt, and how matters will goe yett, time will discover. When the King of Spain was upon his death-bed he considered that it would be best to leave his Crown to his nearest relation, and gave a Belt of Wampum, and told them further that he had sent some of his people to Cayouge and the Sinnekes to make the same propositions to them as he had done here.
Dekanissore came and told us that they were much confused in their meeting and extremely divided, some will have a Priest on the one side of the Castle, and a Minister on the other side, and asked our advice; we told him to take no priest into their country, if they were minded to live peaceably, for they would then have a Traytor always in their land. Your Brother Corlaer will never be able to speak a word to you, but the Governor of Canada will know it. Corlaer will never suffer it, soe long as sun and moon endures. How are you soe discomfited and affrighted? Do you not see how the French creep and cringe to you with beads and shirts to make friends with you? Would he do so, if he had any ill design? Be not afraid of the French; speak like men, and behave yourselves like soldiers, for which you have always been famous.
Dekanissore replied:—We are afraid the French will make war again upon us, and what can we do then, poor people, for all them that he pronounces dead are certainly dead. We have found it soe by experience, as also our brethren the Maquase, and if we comply not to what he will have us, we fear he will come again and kill us. We answered:—You talk of nobody but Onnondio, the Governor of Canada, or do you think that your Brother Corlaer cannot be angry likewise? He has tendered you first a Protestant Minister, and would you now take a Popish Priest? That would render you ridiculous. Wee admire that you are so afraid of the French, when there is no cause, when you can support your reputation, can you not see that the French are in want? How are you so brutish and stupid? I was at Canada this spring, and see their scarcity of provisions, and where- with would they goe to war? Be not afraid, speak like men. Neither dare the Governor of Canada make war upon you before there is a war between the two Kings at home, and if that happened the Brethren would see what care our King would take of you.
Dekanissore replied:—It was concluded in our Covenant that he that toucht one, all the rest would resent it, but we found it otherwise, when the French came and destroyed our country and the Maquase, we gave you seasonable warning, but got no assistance, and that makes us afraid what to doe.
About 10 o'clock at night Dekanissore came to us again, and told us they were still divided in their opinions, and that he had not slept in two nights, and prayed our counsel what to do. We told him to keep the Priest out of the Country, to keep their land clear and free, and not to fear.
June 22.—Dekanissore said:—We are desired by both parties to turn Christian, in the first place by a Belt given us in this House by Col. Peter Schuyler Queder, and Mr. Livingston, Secretary, and then another Belt sent by the Governor of Canada. We see both the Belts hang in theire Court House, the French being present, and all the Five Nations, they said:—
Brother Corlaer and Governor of Canada, You both tell us to be Christians; you both make us madd, we know what side to choose, but I will speak no more of praying or Christianity, and take the Belts down and keep them, because you are both too dear with your goods. I would have accepted of his Belt, who sold the cheapest pennyworth. Would you have me put on a Bear-skin to go to Church withal a Sundays, wee are sorry wee cannot pray, but now wee are come to this conclusion, those that sells their goods cheapest, whether English or French, of them will wee have a Minister. Our Sachims are going, some to Albany, some to Canada, in the meantime wee will consider of itt till winter. We believe the Christians are minded to warr again, because the Priest is so earnest, that we should be newter. We will hold fast to the Peace, and if there be any breach, it will be your faults, not ours. You must hear us speake before you engage in a warr again. Gave a Belt of Wampum to us and another to the French.
Dekanissore told us he would not go to Canada (as he was once designed), because he could not get his request granted of having goods cheap. What pains he tooke was not for his private gain, but for the good of all the Five Nations, and those that gave the best pennyworths, them they would love best.
June 23.—All the Sachims of the Five Nations being convened, said Corlaer, we are now going to tell you what happened in our hunting with the Waganhaes or Far Indians. We have made peace with four of their Nations, and we got some skins from the Waganhaes, which is a sign of Peace. They said they would conceal nothing from us. Interpreted by Lawrence Claese. Signed, Johannes Bleeker, jr., David Schuyler. Translated out of the Dutch by, Rt. Livingston, Secretary for ye Indian Affairs.
June 24.—Onnondage. After Capt. Bleeker's Departure to Oneyde, the House being met, Dekanissore said he believed when the Sachims would come to Canada, the Governor would insist upon having a Jesuit in their country, and if he does soe, what shall we do? David Schuyler replied that they should never agree to that; that they were assured our Governor would never suffer that, so long as the sun and moon endured. He believed the Sachims would grant it notwithstanding, because they feared the French.
June 25.—A messenger comes from Canada to Marricour, who caused the Sachims to meet, and tells them that he had received news from Ottowawa from Mr. Cortemansche, that all their prisoners were coming, wch. they had among the Waganhaes, and that they would be in Canada in ten days time, and that the Sachims were called to be in Canada in 14 days time.
The Sachims being convened, Dekanissore told M. Marricour, Corlaer tells us we are Masters of our own land, and the Governor of Canada has told us the same. And now, without speaking a word, do you go and build a Fort at Tjughsaghrondie? My brother Corlaer is instant with me to turn Christian, and Onnondio also. If but one had desired it, we would have accepted, for we Sinnekes are minded to have one faith.
June 27.—Early in the morning a canoe with three French and two Indians went to Canada, to bring the news that the Indians were coming.
June 28.—M. Marrecour went from house to house to get the French prisoners, and got 3 women and a boy. Among the rest, he comes into a house of an Indian called Taghwangeronde, and finds a little French boy, whom he got to his lodging after much adoe, and when he was taking him to Caneenda, to the Canoes, the boy cried desperately. At last two Indians came to rescue the boy, and stood between him and Marricour, and told him he should carry none away against their will. Then Marrecour let him go, and said "You are Masters here," and went to Caneenda, and meeting several squaes, told them he would be back in thirty days, to compel those that are unwilling to deliver over the prisoners. When the news came into the Castle, the Indians were much perplexed, and called their Council forthwith, and sent Dekanissore with a Belt of Wampum to M. Marrecour, telling him to have patience till the Fall for the prisoners, and gave him a Belt, which he rejected, telling him to carry it to those who were unwilling to deliver up the prisoners, and to tell them to deliver them up, and so Dekanissore came back to the Castle.
The Indians were all very much troubled and afraid, and sent a post to Marricour, and desired him to stay till next day at noon, which he promised to doe. Then the Sachims went about all night for prisoners, and got three women, and in the morning Dekanissore went with the prisoners to Caneenda, and I went along with him to hear what he would say to Marricour.
June 29.—At Kaneenda. Dekanissore said to M. Marricour—We Children of Onnondio, Governor of Canada, have now spoke of peace, and we would have been angry, if we had got no prisoners from you. When we Sachims come to Canada, we doe not concern ourselves with prisoners and you cause us to intermeddle with them here. Here we give you three, and we expect that as soon as you come home you do the same. I do not speak of the prisoners that are among the Dowaganhaes, but those that are under your roof (pointing to the priest) in Caghnuage, and if they do not come, it will be your fault. You will stir them up, but we expect that all those that are unwilling, you will binde them and throw in our canoes, and as for you, M. Marricour, you had last fall 50 or 60 prisoners from hence, and we have not had one from you, and you come and speak of peace, and are scarce set down to smoake a Pipe, but talk of coming and knocking us in the head, and therefore I say, Nobody knows your heart. We have now peace and that we will keep.
The Jesuit promised in Marricour's name, that they would do the same with their prisoners as they now had done. Dekanissore called the Priest aside alone, and said that he would be now disobedt., for he would go to Albany in ten days time. The Priest answered, he might doe as he pleased. Signed, David Schuyler, Lawrence Claese. Translated out of the Dutch by Robt. Livingston, Secretary for ye Indian Affairs. Endorsed, Recd. Oct. 1, 1701. 24 pp.
758. viii. Conference between Lieut.-Governor Nanfan and the Five Nations of Indians. Albany, July 10, 1701. All the Sachims of the Five Nations (who arrived here yesterday) repaired to H.M. Fort at Albany, and they were heartily glad to see the Lieut.-Governor and that H.M., whom they call Coraghkoo, had been pleased to pitch upon him to succeed the late Earl. They were come upon his Honour's message, and had brought no presents now.
The Lieut.-Governor returned thanks and assured them of H.M. favour and protection and his own readiness to serve them.
The first day's conference was held in the City Hall, July 12. The Lieut.-Governor announced the death of Lord Bellomont, and assured the Sachims of the Five Nations of H.M. favour and esteem, which they would find by the present he has sent from England and now brought to them, as a mark of his favour for adhering to the interests of the English Crown. "I am not a stranger just come among you, and therefore not supprised to hear that the French of Canada continue their practices and wicked artifices to deceive and seduce you. I hear that M. Marricour and the Jesuit Bruyas, Agents sent by the Governor of Canada, have been lately at Onnondage. I desire to know their business and negotiation with you; also what progress you have made in that matter of moment recommended you soe highly in the last Conference, to make peace with the far Nations, whom the French have so long employed to kill your people. You must needs perceive their drift by such methods. It is to extirpate your name, without which they cannot reckon themselves secure in their country. I am glad to hear you have refused to accept of a Popish priest in your country. You shall not fail to have Protestant Ministers to instruct you. We expect some very soon over, but if you receive a French Priest into your Country, I must take it as a total defection of your loyalty to the English Crown. I hope you have prevailed upon your brethren that deserted you, and went to the French, to return back to a plentiful country, rather than to starve at Canada. I doubt one of M. Marricour's principal errands has been to fetch from your Castle Indian corn to subsist the people of Canada, almost famished for want of food. Pray tell me if they have not made another trip from Cadarachqui for Indian corn, since our people came from thence."
July 14.—Answer of the Five Nations. Names of Sachims attending given, 33 in all. Brother Corlaer, We are glad to see you in this station. We must own ourselves very happy under so gracious a King, who was so prudent and provident to send over two Governors, the one to succeed the other. We take it to be his great care and love to us. We are sorry for the death of our late Governor, and hope his soul is in Heaven, and are glad to see that so good a man as yourself succeeds him. We must esteem ourselves extream happy that our Brother Corlaer is a young, active man, expert in war. It is the joy of all our young people to see a Governor fit for service, and that can travel and endure fateague. We will all have our eyes fix't upon you, the rather because we meet with great difficulties dayly from the French of Canada. We doubt not but you will be careful to keep and maintain the Covenant Chain firme, as the late Governor has done. We pray that you may long continue in your station, and that we may frequently see one another in this City, the general place of Treaty of all the Five Nations. We do with all sincerity acknowledge the great kindnesse that H.M., our great King, has for the Five Nations. We will endeavour to behave ourselves as such that may merit H.M. esteem. You are desirous to know what the French Agents have done in our country. Their principal business was to settle a priest among us to teach us Christianity, but we have so often had experience of their wickedness and fallacy, that we have positively denied him any access there, for by the Priests' means we have been brought very low; they have been the occasion of the death of many of our men, and of a great breach in our country by seducing our people to Canada.
You are also desirous to know what private negotiations or underground dark dealings there has been with the French in our country. We have made strict enquiry among our people, and can learn nothing but what the people you sent hither are privy to, and what they entered down in writing. If you know of anything else then what they have given you an account of, pray tell us. We shall be glad to be informed. You know, brother Corlaer, that as often as the Covenant Chain has been renewed, it has always been agreed that neither party was to listen to any stories or falsehoods. As to what treaties we have made with the Dowaganhaes and other far Indians, we have endeavoured to acquaint you by the sending of a large ship, upon which the Castles are painted with whom we have concluded a Peace (meaning that Elk-skin, sent by Capt. Blecker and David Schuyler, where there is two Castles painted with red upon it), adding, they have made peace with seven Nations, and that the two nearest Nations are only painted, as being the principal. The names of the said seven Nations are, Skighquan, Estjage, Assisagh, Karhadage, Adgenauwe, Karrihaet, Adirondax. As to our Indians debauched to Canada by the French, we have used all endeavours imaginable to get them back, but cannot prevail. The Jesuits have so great influence upon them that they stop their coming to their own country, and the Governor of Canada has them now wholly devoted to his service.
The Lieut.-Governor told the Five Nations that he was glad they had made peace with so many of the far Indians, and hoped it might be lasting, and desired to know how many Nations there were still in war with them. They answer, six, besides those we do not know. Signed, P. Schuyler, J. Johnson Bleeker, Mayor, Johannes Bleeker, Recorder; Johannes Schuyler, David Schuyler, Johannes Abeel, Johannes Roseboom, Johannes Cuyler, Wessel Ten Broek, Aldermen; Hendrick Hanse, Jonathan Broadhurst, Sheriff; Johannes Baptist van Eps, Lawrence Claese, Interpreters. Rt. Livingston, Sec. for ye Indian Affairs.
July 18.—Lieut.-Governor Nanfan replied:—I am glad to see you so sensible of your happiness in being under the protection of so glorious and puissant a monarch etc., who has not been unmindful of you etc. I shall not count it any hardship to expose my person to the utmost hazard and fateague for the Brethren's safety. I have perused the Journal of these two Gentlemen that were sent to your Country, when the French Agents were there. I cannot approve of the late negotiation some of your people have had at Canada with the Governor there. It is a disparagement to the Five Nations to go to the French to complain. When any of the far Indians kill your people, you ought to defend yourselves like men, and resist force with force, and not creep to those whom you know set these very Indians upon you on purpose to extirpate your name and memory, and in order to support and defend your selfe, the King has sent you some choice arms and ammunition, which shall be now given you. I wonder that I have not heard of that design of the French's, and that you are not more zealous to oppose it, vizt., their building a forte at Tjughsaghrondie, alias Wawyachtenok, the principal pass where all your beaver hunting is. You must not suffer it by any means. I am informed it is your land, and you have won it with the sword, at the cost of much blood, and you let the French take it from you without one blow. You can never expect to hunt beavers any more in peace, if you let them fortifie themselves at that principal pass. If you are minded to secure your posterity from slavery and bondage, hinder it. Remember how they got Cadarachqui, and what a plague that place has been to you ever since.
It would seem by proposals I have lately heard were made at Canada, that there has been some overtures of Trade offer'd, which I cannot believe, being well assured that there is much better pennyworths here: they never being able to afford their goods so cheap as wee. I fear it's with design to delude you, for which in time the Brethren may become sufferers. I hope you have maturely considered the Governor of Canada's answer to Dekanissore, how he puts you of with shams for your blood by him caused to be shed by the far Indians, and what frivolous pretences he makes of his Agent not being returned from Ottowawa and that is all the redress you must expect from him. If you cannot see his deceipt by all this, you must be wilfully blind. He tells you he will make a Fort at Tjugsaghrondie, or Wawyachtenok, to supply you with necessaries when you are a-hunting, and to secure you from the Ottawawaes, but when the Fort is made, then he will command you and your Beavers to[o], nay, you shall never hunt a beaver there without his leave. Do you not remember how the French long ago desired but leave to make a hut at Cadarachqui for a smith to be there to mend your arms, and when that was granted, they built such a stone fort that has since been a prison for your people trapan'd. The Governor of Canada is soe much troubled at your happiness in our Union, that he studies all ways to make a breach of that harmony, and therefore would insinuate to you to sit still if a war should happen, but we hope you need not be told at this time of day how pernicious that would be for the Brethren, who are often to secure and careless, if the French (who are a subtle and vigilant enemy) should come unawares and cutt you off at once. It's true it is now peace, but remember I tell you, you are not to receive any directions from the French. How you are to behave yourselves in case a war breaks out, you shall have from me. There is a Covenant Chain wherein all H.M. Christian subjects on this Main of America and the Brethren are included, which I am now come to renew, according to the ancient custom. Let that be kept clean and bright on your parts, as it is and shall be on ours, and then you need not fear, but all will be well, and you shall never want powder and arms to defend yourselves, and good security for your wifes and children to retreat to upon occasion, where they shall have provisions provided for them. I find you have sent some of your Sachims to Canada, whom it's believed the Governor of Canada will practice upon to take Popish Priests into your country, and you seem to be jealous they will agree to it because they fear the French. I doubt not but you have given directions to the contrary, for I cannot admit of a Popish Priest in our territory. It is against our Laws as well as your interest. The King will take care to send Protestant ministers to instruct you. The great King is so much concerned for your security that he hath been graciously pleased to give a considerable sum of money to be expended in building a stone Fort here and at Schenectady to defend you from the attempts of an enemy. The Fort here will be made so large to harbour all your wifes and children upon occasion, where you may freely make your retreat and be supplied with provisions etc. I would have begun now if the Ingeneer was here, as soon as he returns from Boston, I design to set 3 or 400 men at work. When these Forts are built, I doubt not but it will be a means to induce those of the Five Nations that are gone to live at Canada to return.
I am glad you have made a peace with 7 Nations of the Far Indians. Try to make peace with the rest as soon as you can, for that will much contribute to your future tranquility. You cannot give the King a better testimony of your loyalty, than by rejecting all Popish Priests, and hindering the French to build Forts upon your land. List of presents given to the Indians, with private presents to each Sachim.
Propositions made by the River Indians to Lieut.-Governor Nanfan. Albany, July 18. We welcome you as Governor. Do give two beavers. We are now 200 fighting men belonging to this county of Albany from Katskill to Skachkook, and hope to increase in a year's time to 300. Do give a Belt of Wampum. We are not your friends and children outwardly with the mouth, but in heart. We will not call ourselves brethran, but we are your children. Do give two beavers. We rely upon the Governor as our Father, and never have any news but what we communicate to our Brethren the Sachims of Albany, and when you have any news that relates to us, we desire that you will not keep us in the dark. Do give two beavers. Father, It is now 26 years ago since our Father, the then Governor, planted a great Tree under whose branches we now shelter ourselves, and hope that the shade thereof will always be refreshing and comfortable to us. Do give two beavers. We have been so fortunate, that our number is increased. So that we cannot all be shaded by one Tree, and therefore desire that another Tree, besides that Tree at Shachkook, may be planted, for we are in hopes that our number will dayly increase from other parts. Do give two beavers. When we first came here from New England, we were poor, mager (? meagre) and lean, and by the shade of that Tree at Shachkook we have flourished and grown fat. We never deserted, but kept our post. Our neighbours, the Maquase, have not been so fortunate, for their Tree was burnt (meaning the burning of the Maquase Castles by the French). Do give one Beaver. It is now ninety years agoe since the Christians came first here, when there was a Covenant Chain made between them and the Mahikanders, the first inhabitants of this River, and the Chain has been kept inviolable ever since, and we have observed that neither bear's grease, nor the fat of deer or elks are so proper to keep that Chain bright. The only soveraign remedy that we have found by experience in all that time to keep the Chain bright is Beavers' Grease. Do give two Beavers. We have been so happy never to have had the least flaw or crack in the Chain; there has been breaches round about us and great differences, but the Chain wherein the Maquase and we are linked has been kept inviolable, and we pray that our Father will keep the same soe for ever. Do give two Beavers. Pray Father, what can be the reason of the great dearth of the goods? Our Christian Brethren tell us they came a great way over the great Salt Pond, but the Beavers must be fetched a great waye also, therefore we pray that the goods may be cheap. Do give two Beavers. We pray that all publick business may be transacted in Albany in the Court House, the ancient place of Treaty, and by those that formerly have been accustomed to do it. Let the news come from Onnagonque, Pennekook, Mohogs' Country, New York, or where it will, pray let there be no alteration of that place. For business to be negotiated in the woods or in any private place by a single person, as lately has been practicable in our late Father's time, is not soe agreeable. Do give a Belt of Wampum, and seven Bearskins and seven Elks.
Lieut.-Governor Nanfan's Reply to the River Indians:—I shall be glad to hear that you prevail upon your friends the Pennekooks and other Eastern Indians to come and settle among you. I do erect another tree at Skachkook, which shall be so large and flourishing that the branches will shade and cherish as many of your friends as will be persuaded to come and live peaceably in a fertile soil and pleasant country, for you know now by the long experience of ninety years that we have the best Laws and Government in the world, and therefore God blesseth and increaseth the same accordingly. I am glad to see Happuwa, the Sachim, here again, who, I hear, was once almost deluded by the French. It's a sign he has great fortitude to resist all their temptations. He will now be a fitt person to caution the rest of his Castle.
Children, you do well to communicate whatever news you have to the Gent. of Albany, who always will give me an account thereof, and I will take care that you shall not only have an account of all public matters relating to the Indians, but that no private conferences or correspondence shall be kept, but publickly in Albany by those Gentlemen. The Great King, my Master, being made sencible of your steddy adherence to the Crown of England, sufficiently demonstrated by your forward and frequent venturing your lives against the French in the late war, has been graciously pleased to command me to assure you of his Royal Protection, and has sent you a present. But if I had known you had been so numerous, the present should have been more considerable. I will be mindful of that as you increase in number. I shall conclude with a caution that you be careful none of your people be deluded by the French, as many of the Five Nations have been, to the great diminution of their strength and vigour, and endeavour to lead a sober life, which will not only be a means to strengthen you, but will invite others to come and live with you. Presents enumerated.
July 19.—Reply of the Five Nations to the Propositions of the Lieut.-Governor Nanfan, July 18:—We give you ten Beavers to be sent to the King, to acquaint him that we have condoled the loss of our deceased Brother (Lord Bellomont). We are comforted to see so young a man to be our Brother Corlaer, and as you are a soldier bred, soe wee doubt but you will be active if a war should break out. We assure you of our real intentions to cleave close to you. Do give ten Beavers. We complain of the French of Canada's incroaching upon our territories, and that they build Forts upon our land without our consent. We pray that the great King of England may be acquainted with it, and that he will be pleased to take care to prevent it. Do give ten Beavers. We do renew the Covenant Chain, and make it bright and clean, which has been kept so by our ancestors for many years, and we fasten the Covenant Chain to the hills which lie round this City of Albany, for Trees rot and decay, but the hill will remain unmoveable. We do also bemoan the blood you lost last war with the French. Do give ten Beavers. Let the Covenant Chain reach from New York to Sinnondowanne or the Sinnekes Country, that all the people that live under it may be secure from all attempts of an enemy. We would remove the end of the Chain to Tiochsaghrondie, or Wawyachtenok, were it in our power, but the French would mock at it, for they have taken it in possession already against our wills, sending people thither to make a Fort, but we hope they will be removed speedily. Do give ten Beavers. If the French make any attempts, or come into our country to delude us, wee desire you to send men of wisdom and understanding to countermine them, for they are too subtile and cunning for us, and if you can convince them, that will be a means to stop their designs and so prevent their ill intentions. Do give ten Beavers. We desire that our Secretary, Robt. Livingston, may be sent to Corachkoe, the great King of England, to acquaint him how the French incroach upon our Frontiers, and to pray him to prevent it, else we shall not be able to live. They will come nearer us every day with their Forts. We doe give and render up all that land where the Beaver hunting is, which we won with the sword 80 years ago, to Corachkoe and pray that he may be our Protector and Defender there, and desire our Secretary may write an Instrument, which we will sign and seal, that it may be carried by him to the King. We fear, if he does not go, there is so much business, this will be only read, laid aside, and forgot, but if he goes, we are sure we shall have an answer. Do give ten Beavers. Pray let goods be sold as cheap as formerly. The Governor of Canada draws many of our people by the means of selling better pennyworths than you doe. Let the Beavers come to their old price again, and let the great Custom upon them in England be taken off. We do give you ten Beavers to send to the King, praying H.M. to make a Beaver-hat of them, and then we hope all his good subjects will follow his example, and were Beaver hatts again, as the fashion was formerly. We believe, as you are Governor, you have the command, and that the Traders must obey, if you order it. Therefore let them begin to-day to sell good pennyworths. Do give ten Beavers. If a war should break out between us and the French we desire you to come and stay here, that you may be ready to assist and defend us. You live a great way off at New York. You are a soldier, and such men we love, therefore you must come and live at Albany. Do give seven Beavers. Concerning French Priests to be admitted in our Country, it is a general conclusion of all the Five Nations to expel them, and to suffer none to come among us. We see you have Ministers here, and expect to be supplied from hence.
We are inclined to be instructed in the Christian Faith, and rely upon you, leaving that wholly to our Brother. The French Priests have been the ruin of our Country, and therefore have no cause to suffer them any more. Do give ten Beavers. The Governor of Canada has sent a party of men, who are gone behind our country privately to build a Fort at Tjughsaghrondie. You are desirous to know what we have done in that case. Your people that have been at Onnondage can tell you we thought this Government would have done something in the matter, and to have found you busy in your books and maps (meaning, that the line should be run between the two Governments). We can doe nothing in that case. You know we have not power to resist such a Christian enemy. Therefore we must depend upon you, Brother Corlaer, to take this case in hand, and acquaint the great King with it. For what will become of us at this rate? Where shall we hunt a Beaver, if the French take possession of our Beaver Country? Give nine Beavers, and two Otters. We have a small right in the Maquase River at Canastagiowne, to wit, five small Islands, containing about five or six acres, between Rosendael and Cornelis Tymese's, which we give to Jan Baptist van Eps and Lawrence Claese, the two Interpreters, John Baptist to have the uppermost half. We cannot omit to acquaint you of the deceit of the smiths, who takes our money, and instead of putting steel into our hatche[t]s, puts iron, so that as soon as we come into our country to use them, they fall to pieces. Your traders are very ungrateful; as soon as they have got our Beaver, turns us out of doors. Let us love one another, and not suffer such things to be heard among us. Do give ten Beavers. We Maquase have now two Castles that are begun to turn Christians. We desire that we may have a good large Church, made in the nearest Castle, called Ochniondage, which was promised us by the late Earl, and let it be so large as may contain us all. There is only a little chapel made of bark now; a small number makes it full. The Traders have a bad custom to trust our people, and when the men are dead, come upon their widows, insomuch that, when they come to town to buy anything, the Traders take the Beavers from them for debt. Pray let that ill custom be remedied.
After the Five Nations had made an end of speaking, the Lieut.-Governor condoled the death of Sadeganaktie's son and Osneragichte of Onnondage, and Sinnanuanduwan, a Chief man of Cayouge, by laying down three Belts of Wampum, and was glad that there were good men put in their room. Signed as above.
July 21.—Five of the principal Sachims, Sadeganaktie, Sachim of Onnondage, Speaker, Canadagarriesk of Oneydes, Sadgeowanne of Cayouges, Tohowaregenni, Senessewanne, Sinnekes, went up to the Fort and spoke to the Lieut.-Governor:—When the Earl of Bellomont came here with the news of the Peace, we were told that all prisoners on both sides should be set at liberty. But the Priests and the Governor of Canada detain our people in Canada, upon pretence to make them Christians. Therefore, Brother, pray see to get our people here to this Town, and when they are gott so far the Ministers here will instruct them in the Christian Religion, which will be a means that they will at last return to their own country again. When Queder (Col. Schuyler) went to Canada, then we were in hopes to have them all back, but the French detains most of them still. We believe our great King does not know; if he did we doubt not but we should have a better account of it. If you had told us that you despaired of any success, we would have presst harder to get them over to us again. What shall we do, if the French continue to draw away our people and incroach upon our country? They build Forts round about us and penn us up. It is now Peace, we cannot hinder them; neither is it in our power to resist them; they have drain'd us of our people, they all goe to Canada upon pretence of Religion. We see it is only to enslave us. We know very well how they did at Cadarachqui, and soe they came nearer and nearer. They are going about to make a Fort at Keenthee, on the other side of Cadarachqui Lake, another principle passage, which our Indians cannot shun, when they come from their hunting. We hear that one of our Indians, called Orojadicka, that has been two years among the French in Canada, and is there still, has given consent to build this Fort, but we Five Nations know nothing of it. Neither will we give leave, for by such means the French possess themselves of our Territories. Therefore, pray, Brother, hearken to us and send over our Secretary, Robt. Livingston with all speed. Pray let there be a good large canoe (such as the English sayle with over the great Salt Waters) provided for him forthwith that we may have an answer with all expedition.
The Sachims were asked whether letters writ by their Secretary, and sent by their Brother Corlaer to the King, would not doe as well. They replied that they had come again to insist that he be dispatched, and we pray you to send us word when he is gone and when he returns. The Lieut.-Governor told them he would consider of their proposition. Signed, Pr. Schuyler, J. Johnson Bleeker, Mayor, Rt. Livingston, Secretary for ye Indian Affairs. Endorsed, Recd. Oct. 1, 1701. 36¾ pp.
758. ix. Copy of an Instrument of Conveyance of a Tract of Land from the Five Nations to H.M. Our Ancestors, to our certain knowledge, have had, time out of mind, fierce and bloody war with Seven Nations, called the Aragaritkas, whose chief command was called successively Chohahise. The land is scituate N.W. and by W. from Albany, beginning on the S.W. side of Cadarachqui Lake, and includes all that vast tract of land lying between the great Lake of Otteewawa and the Lake called by the Natives Cahiquage, and by the Christians the Lake of Swege, and runs till it buts upon the Twichtwichs, and is bounded on the right hand by a place called Quadoge, containing in length about 800 miles and in breadth 400, including the country where the Bevers, the deers, elks and such beasts keep, and the place called Tieugsathrondis, alias Fort De Tret, or Wawyachtenok, and so runs round the Lake of Swege, till you come to a place called Quiadarondaquat, about 20 miles from the Sinnekes' Castle. Which said Seven Nations our predecessors did fourscore years ago totally conquer, and drove them out of that country and had peaceable and quiet possession of the same to hunt Bevers (which was the motive caused us to war for the same) for three score years, it being the only chief place for hunting in this part of the world. After we had been 60 years sole Masters of the land, a remnant of one of the Seven Nations, called Tionondade whom we had expelled, came and settled there, twenty years ago, and disturbed our Bever hunting, against which Nation we have warred ever since, and would have subdued them long ere now, had not they been assisted by the French of Canada, and whereas the Governor of Canada has lately sent a considerable force to Tieughs- aghrondo, the principal pass that commands said land to build a Fort there, without our leave, by which means they will possess themselves of that excellent country, and also will be masters of the Bear-hunting whereby we shall be deprived of our livelihood, and brought to perpetual slavery, and we having subjected ourselves and lands on this side of Cadarachqui Lake wholly to the Crown of England, have freely and voluntarily surrendered and delivered up unto our Great Lord and Master, ye King of England, called by us Corachkoe, and by the Christians William III, provided we have free hunting for us and our descendants for ever, and that free of all disturbances, expecting to be protected therein by the Crown of England. Actum in Albany in the Middle of ye High Street, July 19, 1701. Signed, (with their Totems reproduced, N.Y. Documents, Vol. iv. p. 910), Sinnekes Sachims, Tehonwarengenie, Sonachsowanne, Tosoquatho. Maquase, Tsinago. Cayouges, Sodsiowanne, Tehodsinojago, Nijuchsagentiskoa. Onnondage, Tegachnawadiqua, Kachwadochon, Tagadschede, Sadeganasttie, Achrircho. Oneyde, Degaronda, Canadagarriax, Tiorachkoe. Maquase, Onucheranorum, Teoninhigarawe, alias Hendrick, Tirogaren, alias Cornelis, Sinnonquirese, Tanochrackhoss. On back, Sealed and delivered in ye presence of us, Pr. Schuyler, J. Jansen Bleeker, Mayor; Johannes Bleeker, Recorder; John Abeel, Johannes Shuyler, David Schuyler, Wessel Ten Broek, Johannes Roseboem, Johannes Cuyler, Aldermen; Dirk Wessells, Justice; James Weemes; Jonathan Broadhurst, High Sheriff; M. Clarkson, Secretary; S. Clows, Surveyor; Rt. Livingston, Secretary for Indian Affairs. Endorsed, A true copy, John Nanfan. Recd. Oct. 1, 1701. I large p. Parchment. [C.O. 5, 1046. Nos. 33, 33. i.–ix.; and (without enclosures) 5, 1118. pp. 412–16.]
Aug. 20.
759. Council of Trade and Plantations to the Hon. Christopher Codrington Esq., Captain General and Governor in Chief of H.M. Carribbee Islands lying to Leeward from Guardaloupa to St. John de Porto Rico. Since ours of June 26, we have receid one from you of the 8th and another of the 30th of the same month, and also one by the hands of Col. Fox, dated Jan. 30th. As to your enquiry about the legality of Col. Foxe's proceedings, you will already have received a full and direct answer by our letters of Dec. 11 and 17, which being in pursuance of H.M. Order in Council, we can add no more thereupon, but that you are to observe the same. We hope the care you have taken for the security of St. Christopher's will have a good effect, but we wish you had also sent us a particular account of the wants of that and the other islands under your Government, as we have already desired, that we might accordingly have represented the same, in order to such assistance as might be found necessary. If Mr. Mead, or any other person, bring in any complaints before us, you may be sure we shall do you the justice not to proceed to any determination till we have acquainted you therewith and received your answer. We have not heard yet from the Commissioners of the Customs what they think of his behaviour, but when anything relating to him comes before us, we shall not be unmindful of the character you give of him. We enclose a copy of the Memorial of the Widow of John Corbet, of Antegoa, which matter we desire you to enquire into, and to give us an account thereof, that if any such Act, as she apprehends, be past, we may have a full state of the case before us, and be thereby enabled to report to H.M., as shall be found reasonable.
As to your desire of an Attorney General, we will confer with Mr. Cary about it, and shall always be ready to assist your endeavours for the public good. Signed, Your very loving friends, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 153, 7. pp. 221–223.]
Aug. 20.
760. Col. Codrington to the Council of Trade and Plantations. Duplicate of Letter Aug. 18, q.v. re Elrington. Signed, Chr. Codrington. 1¼ pp. [C.O. 152, 4. No. 43.]
Aug. 20.
761. Governor Codrington to the Council of Trade and Plantations. I writt to your Lordships lately that I was informed Mr. Mead intended to complain of mee. I have been able yet to discover but one particular of that intended complaint, which is soe silly in itselfe and soe much to Mr. Mead's disadvantage that I believe hee will not think fitt upon cooler thoughts to trouble your Lordships with that or any else. However I have directed that affairs shall bee sett in a true light. And I believe your Lordships will receive some papers concerning it from Nevis and St. Kitts. I shall take effectual care my reputation do not suffer for want of due enquiry, as my father's did. I have already beg'd your Lordships not to spare mee in the least, if any complaints should be laid against mee. In ye meantime, since ye base and barbarous usage my father met with give mee sufficient reason to be very jealous and to be upon my guard even before I am attaq'ut. Give me leave to use the freedom of an English man and an honest man. I have ever since my arrival here laid out my tyme and thoughts entirely upon ye publick service. I have acted with the same sincerity that other men think, I have made a great many severe reflections upon the design of Government in general, and I have applied those general reflections to ye particular circumstances of these Islands. I have had noe other aim than ye happiness and true interest of ye people I have the honour to command, I say the true interest, because the inhabitants here are apt to mistake it. But I have endeavoured to make them sensible their interest must be subservient to that of England, and in a great measure I have attained that end. I have never had it out of my thoughts that Quicquid sub terra est in apricum proferet ætas, and the discovery will never prove to my dishonour. Your Lordships commanded an account of our small arms and artillery. As for our small arms, I think I have some time since writ your Lordships I can find noe stores but some old arms spoilt with rust and thrown together in heaps, and 'twill always bee so till we can build proper magazenes, and entertain gunsmiths and other attendants to keep them in order, for the moisture and heat of these parts immediately destroys our English arms. The French locks are much better temper'd and hold well a great while. For ye great artillery your Lordships have an acct. of it in a paper apart. I have due regard to your observations on our Acts, but shall say nothing on that head, till I send home some Acts for your approbation. Signed, Chr. Codrington. Endorsed, Recd. 15th, Read Oct. 16, 1701. 1¾ pp. Enclosed,
761. i. Col. Codrington's account of the Artillery in the Leeward Islands, and of what is required. Same endorsement. 7 pp. [C.O. 152, 4. Nos. 46, 46. i.; and 153, 7. pp. 251–253.]
Aug. 20. 762. Council of Trade and Plantations to Lieut.-Governor Stoughton. Since our letters of May 15 and 20, we have received yours of April 10 and 28 and June 3. We have upon several occasions laid before H.M. your desires that supplies of stores of war should be sent from hence, and when a new Governor is dispatched, he may probably be inabled to bring you some small quantity. In the meanwhile, as the Government of that Province lies chiefly committed to your care, we are obliged to exhort you to use your utmost endeavours with the General Assembly that they exert themselves vigorously in providing for their own defence. Their neglect in that, as in some other things, has been very great. You will have seen what we have writ several times to the Earl of Bellomont to stir them up to their duty in that matter. All which you are now to take as directed to yourself. And as the Province can do nothing better, as well for their own interest as reputation, so you cannot render to H.M. any more acceptable service than in promoting the same in the most effectual manner. Your care in sending Commissioners to treat with the Indians is very well and we shall be glad to hear the good effects of it in your next. We send you here inclosed the copy of an Order of Council, June 12, confirming the Acts past in the General Assembly in May, 1700, according to the Representation that we laid before H.M. thereupon in May last. Signed, Ph. Meadows, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 909. pp. 461–463.]
Aug. 20.
763. William Popple to Isaac Addington. Acknowledges receipt of his letters of Sep. 12, April 23 and June 2. [C.O. 5, 909. p. 460.]
Aug. 20.
764. Council of Trade and Plantations to Lieut.-Governor Bennet. We have received your letters of May 19 and June 9, directly from Bermuda, but not the copy you say was sent by way of Barbados. We are very glad by these to understand your safe arrival in your Government, and shall expect punctual and frequent advices from you. Mr. Day, March 18th, informed us of some disputes, as if the Act for raising a public revenue for the support of the Government were only temporary. We find no ground, either in the Act itself, or in the papers that he sent with it, for such a supposition. We send you herewith the opinion of Mr. Attorney General, with which our own perfectly concurs, that you may govern yourself accordingly in that matter. As to your desire of directions upon the petition that had been presented to you by those three Gentlemen, who had entred into bond for Mr. Day in the business of the Dolphin sloop, we have heard Mr. Meers thereupon, who is the party chiefly concerned. But he refusing that the Bond, in which he has a right, should be either delivered up or cancelled, it is not in our power to direct anything to the contrary. Upon your proposal relating to the lading and unlading of ships, etc. elsewhere than in Castle Harbour and St. George's Harbour, according to your Instructions, we have communicated the same to the Commissioners of the Customs, and send you here inclosed a copy of their answer. We concur with them in that matter, as thinking their officer the fittest person to take care of the whole business, whose duty it is to take care of part of it. In answer to your query relating to your officiating as Ordinary, we are of opinion that the probate of wills mentioned in your Instructions, does comprehend the granting Letters of Administration and do not see any difficulty, but that you may exercise the same powers in those matters that your predecessors have done.
The readiness of the Assembly in voting that they will repair the fortifications is very commendable. We do not doubt but that you will excite them to do their utmost therein. In the meantime we do not fail to represent to His Majesty, what you have offered as necessary for the further security of the Island. Divers complaints having been laid before us of irregularities in the Courts of Chancery etc., etc. Repeat Instructions for holding Courts of Chancery etc. as in last paragraph of No. 472. Signed, Ph. Meadows, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 38, 5. pp. 176–180.]
Aug. 20.
765. Council of Trade and Plantations to Governor Nicholson. Since ours of July 22, we have received yours of June 24. It is above 3 months since we heard of the death of Col. Wormley, and several applications thereupon made to H.M. for the place of Secretary of Virginia have been referred to us, but we forebore reporting thereupon thus long in expectation of what we might have heard from you upon that occasion. It is now ten months since we gave Mr. Perry notice that H.M. had constituted Mr. Lewis Burwell to be one of his Council in Virginia. We find that the Order thereupon was duly taken out, and we expected that it should have been sent accordingly. Signed, Ph. Meadows, John Pollexfen, Abr. Hill, Mat. Prior. [C.O. 5, 1360. pp. 95, 96.]
Aug. 20. 766. William Popple to Governor Nicholson. I have laid your letter of June 24 before the Council of Trade and Plantations, who take the directions given you Aug. 21 to be very plain. As to letters or other papers that you may have occasion to send them, the main thing to be observed is that they may be so writ, folded or ruled, that they may be afterwards bound up in books in such manner that the writing may be read without tearing. Whether the paper be large or small, and the particular way of folding or ruling, according to the nature of each particular business, they leave to yourself. However, when Mr. Perry calls here I shall direct him where he may be furnished with all sorts that may be useful to you, either for one occasion or other. Since the writing of their Lordships' letter of this date, I have understood from Mr. Perry that the Order for constituting Mr. Burwell of the Council was taken out by Sir Jeffery Jeffereys, and probably sent to himself, but I shall shortly know more particularly, and mind Sir Jeffery, that if it have miscarried, another may be sent. [C.O. 5, 1360. pp. 96, 97.]
Aug. 20.
767. Council of Trade and Plantations to Governor, the Lord Grey. We have received a letter from the Council of Barbados, April 15 last, as likewise several letters from your Lordship, wch. are dated April 28, May 17 and June 5 and 25. In the last you send us the names of six persons only fit to supply vacancies in the Council; we are to put you in mind that H.M. Instructions in that point are very plain, that the list should consist of twelve, but by joyning this with the list you sent us Jan., 1699, it is at present sufficient. The answers you have sent us to the several complaints that had been made here of delays or irregularities in the course of justice shall be duly considered before we report upon that matter. But whereas divers complaints have been laid before us of irregularities in the Courts of Chancery in several of H.M. Plantations, and amongst the rest, that in some places the Governors and the Members of the respective Councils, who compose those Courts, do sitt and act therein without taking any oath to do equal and impartial justice between parties concerned in the causes that shall come before them, we have thought fit hereby to direct you (as we do other Governors) that in case there have been any neglect in this kind in the Courts of Chancery in Barbadoes, you forthwith take care to remedy the same as your Commission impowers you etc. (See No. 472.) Signed, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Mat. Prior. [C.O. 29, 7. pp. 378–380.]
Aug. 20. 768. Journal of House of Burgesses of Virginia. See Minutes of Council in Assembly under date.
Petition of Orlando Jones, praying an allowance for attendance upon the Directors and Trustees appointed for the settlement and encouragement of the City of Williamsburgh as their Clerk, according to an agreement with the Directors, rejected.