America and West Indies: November 1705, 16-20

Pages 698-709

Calendar of State Papers Colonial, America and West Indies: Volume 22, 1704-1705. Originally published by His Majesty's Stationery Office, London, 1916.

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November 1705, 16-20

Nov. 16.
1454. W. Popple, jr., to Constantine Phips, Agent for New England. The Council of Trade and Plantations send you copies of the complaints they have received from Mr. Gallop etc., that you may lay before them what you may have to offer in the behalf of Col. Dudley. [C.O. 5, 912. p. 1.]
Nov. 16.
1455. W. Popple, jr., to Josiah Burchett. The Council of Trade and Plantations enclose extract of letter from Mr. Gallop etc. to be laid before the Lord High Admiral's Council. They desire to know whether the granting of such a Commission by Gov. Cranston as referred to be regular and allowed of by H.R.H., Col. Dudley having a Commission of Vice-Admiralty for several Colonies in New England, whereof Rhode Island is one. [C.O. 5, 912. p. 2.]
Nov. 18.
1456. Lt. Governor Usher to the Council of Trade and Plantations. In June, 1704, gave your Lordships account of one James Austin, one of the pirates belonging to Capt. Quelch's Company, was seized in Province New Hampshire, there was found in a girdle aboutt him considerable quantity of gold, H.E. sending for me to Boston and ordering me to deliver itt to Commissioners appointed for receiving the same, accordingly did. Quotes receipt. Repeats part of letter of March 27, and refers to Col. Allen's death and the proposal made to him. (See No. 1432.i.) Judge Col. Allen would not acceptt. As to proofe of title, possession and constant claime, all in writeing on file, evidences on both sides adm[itted] without any objection. Pray the case may goe on and be heard before Governor and Co[uncill] and soe apeal for England, or else liberty to bring an apeal from judgmt. given; [if forced] to trye ye case anew, will be very prejudiciall to Mr. Allen's interest, some of the evide[nces] being dead; the Judges refused with greatt contemptt to give directions to Jury, to find specially, tho' Col. Allen pressed for same and shewed the orders from Queen and Councill for the same; with humble submission thinck they deserve to be dismisst from Councill, and being judges. When the Councill is called, very often butt foure apear. Humbly pray Coll. Winthrop Hilton, Major Jos. Smith, and Mr. Sampson Sheafe may be added to Councill; persons well affected to Crown Governmtt. In Oct. lastt, by H.E. orders, I wentt into Province Hampshire, called the Councill, [and] communicated to them H.M. letter with a new Seal etc. I visitted the Militia, finding nothing to be done for H.M. service. I returned to Boston, giving accot. of my proceedings to H.E., whose order and directions shal observe. As to account of state of Province and Fourtt refer to H.E.; as for Militia, the command in good hands; as to the Fourtt, in good posture of defence; the house for lodging souldiers nott finished, I judge 200l. would have compleated the same; the enemy hath made noe attack the last winter and summer, and due care taken for security of Frontiers, ytt has nott bin for many years before, the Province refuseing to give me any thing for my support in the Governmtt., though Mr. Partridge had in his time above 800l., wch. desire may be considered. Signed, John Usher. Endorsed, Recd. Dec. 31, 1706, Read March 28, 1707. Holograph. 1 p. [C.O. 5, 864. No. 174; and 5, 912. pp. 337–340.]
Nov. 19. 1457. Inhabitants of Newfoundland to the Queen. Return thanks for the recall of Lt. Moody, and those under his command, whose debauchery might have been the greatest ill consequence to this Countrey, and for sending new troops under Major Lloyd. And whereas a petition was signed by several of us last spring in favour of Lt. Moody, it plainly appears by affidavits made by most of us of his barbarous treatment to us, that it was ye continuance of his ill-usage obliged us to it. Had he been continued here, most of us had resolved to goe for England. 118 signatures. Annexed,
1457. i. Commanders of ships trading to Newfoundland to the Principal Secretary of State. The above Address is the voluntary act of the inhabitants etc. St. Johns, Oct. 7, 1706. 39 signatures. The whole 3 pp. [C.O. 194, 22. Nos. 54, 54.i.; and (without annexed certificate) 53.]
Nov. 19.
Genl. Post Office.
1458. Sir Robt. Cotton and Sir T. Frankland to Mr. Popple. We return the Act for erecting a Post Office at Philadelphia, with our remarks thereupon etc. Signed, R. Cotton, Tho. Frankland. Endorsed, Recd. Read Nov. 20, 1705. 1 p. Enclosed,
1458. i. Remarks referred to in preceding. The preamble, made before the death of his late Majesty, etc., must be altered. The post of every single letter from Europe, the West Indies etc. being fourpence is too small; it ought to be at least as much as a letter from London to Dublin, which is sixpence. Enclosures should be taxed. Whereas it is proposed that for each letter from Boston or Road Island to Philadelphia, or from Philadelphia to Boston or Road Island, 18d. be paid, we think the postage ought only to be taken one way, as in this office, where postage is paid only at the receipt of letters, which will also be more conform to the Act of Parliament and in all probability may produce more letters, it being found by experience that where the Post is more easy letters do increase in proportion etc. As to the proposal that all letters from Proprietors and Governors should go free, we have by experience found that such a priviledge is liable to many abuses. 1 p.
1458. ii. Copy of an Act for erecting a Post Office at Philadelphia. 11 pp. [C.O. 5, 1263. Nos. 46, 46.i. ii.]
Nov. 20.
1459. Governor Handasyd to the Council of Trade and Plantations. Acknowledges letters of June 28th and Aug. 30, with H.M. warrant, and a new Broad Seal, which according to your orders have been produced in Councill, and the old Seal broke, which I now send to your Board. By Sir Charles Hedges' letter, April 3, H.M. has been pleased to approve of my proceedings with the Flag of Truce and Coll. Livesay's Officers being sent home, and also of Coll. Edlyne to be made one of the Councill. Encloses the Acts passed by this Assembly. As to the Quartering Act, I must earnestly desire your Lordships will inspect into it, there being such clauses tact to it as never were before heard of, that part relateing to the soldiers being only for a year, and the other for ever, which excludes all Foreigners serveing either in civill imployments or in the Militia, by which severall Scotch, Dutch and French Gentlemen, who have served in both capacities these 20 years and are as substantiall men as any in the Island, and in my opinion as good subjects to H.M., are made incapable of both services by this Act, which is a great discouragement to Forreigners settling here, and prejudice to this Island, where white people are so much wanted; and your Lordships may be assured I should never have comply'd in passing it, did not the life of my Regiment depend on it, and I hope your Lordships will so recommend it that H.M. may not give it her Royall Assent. None of those Gentlemen's imployments shall be disposed of, till H.M. pleasure is further known in this matter, which I request your Lordships will inform me of. Your Lordships will see by the Minutes now sent to you, what pains the Councill and I have taken with the Assembly, and what a headstrong obstinate people I have to deal with; which you will likewise find by my Speech at their prorogation, and if H. M. will signify her displeasure at their proceedings I doubt not but it will have great effect on them. I am now to acquaint your Lordships of the hardships laid upon my Regiment in relation to their subsistance here, which my Agent writes me word he meets with from the Comptrollers of the Army, which I earnestly request your Lordships' ffavour in removeing. I have had severall bills sent me here for mony at 40, 80 and 100 days' sight, and if my officers and soldiers can live so long without subsistance, they may as well live 7 years. Some Bills have miscarried, others are not complyed with, so that I have been obliged to borrow mony here for the payment of my Regiment to the summ of about 4,000l., which mony has been paid to my Major, who has paid every officer and soldier their proportion of it; the last summ was 1,338l. 14s. 0d., which I procured in February last, allowing 15l. per cent., when Sir Gilbert Heathcote would allow but 10l. p.c., for which mony my Major drew Bills on my Agent, not doubting but they would have been comply'd with, but they have not yet been answered, so that I have been obliged here to pay the mony myselfe to the merchants I procured it from, for fear any hardships should fall upon the credit of the Treasury; and so far I have to say for myselfe in this matter, that I never toucht one penny of the Regiment's mony but what properly belonged to me. Several merchants here, as Coll. Knights and others, are willing to pay 118l. Jamaica mony for 100l. sterling, as long as the Spanish Trade continues, we giveing Bills on the Agent payable on sight. I have agreed with Coll. Knight accordingly, who has appointed Mr. Kent, merchant in London, his Correspondent, to wait on my Lord High Treasurer about it. Our men-of-war here being on a cruize on Aug. 19 mett with a violent storm, which did them a great deal of damage, but they are all refitted, and have been at sea again except the Bristoll that lost her main mast, and she will very soon be supply'd with one. The Island is at present sickly tho' the sickness does not prove so mortall as usual. Signed, Tho. Handasyd.
P.S.—H.M.S. Hector brought in here on Nov. 18 two French prizes. Endorsed, Recd. Jan. 10, Read April 1, 1706. Holograph. 3 pp. [C.O. 137, 7. No. 18; and 138, 11. pp. 436–440.]
Nov. 20. 1460. Governor Handasyd to W. Popple. Acknowledges letter of July 28. H.M. Proclamation for a Thanksgiving shall be duly complyed with, etc. Signed, Tho. Handasyd. Endorsed as preceding. Addressed. 1 p. [C.O. 137, 7. No. 19; and 138, 11. pp. 441, 442.]
1461. Governor Handasyd to Sir Charles Hedges. Acknowledges letters of July 10 and Sept 3, and H.M. Order for sending an account of the Stores, Ordnance, etc., which is impossible to be done by this packett. As to the exchange of the private men of my Regiment, according to H.M. Proclamation, I informed both officer and soldier, and they with myself return most hearty thanks to H.M. for her great care of us, which hath put new life into us all. They pray that H.M. will order us to be relieved at the expiration of six years from our first landing. As to the merchants informing you of the private men being well satisfied in staying, there are not 20 men in my Regiment but would rather be engaged in the most desperate attack that ever was known than stay behind their officers, but if H.M. is pleased to grant this encouragement, it will make everything easy both to officer and soldier. Repeats preceding. Signed, Tho. Handasyd. Endorsed, R. Jan. 11. 2 pp. [C.O. 137, 45. No. 71.]
Nov. 20.
New York.
1462. Governor Lord Cornbury to the Council of Trade and Plantations. By H.M.S. Lastoffe [Lowestoft], which arrived here on July 20 last, I had the honour of your Lordships' letters of March 26, 1704/5, and April 20, 1705; in the first of which you are pleased to acknowledge the receipt of two of my letters dated Nov. 6, with the severall papers mentioned to be inclosed, except only the copy of the grant made by King Charles II. of the lands from St. Croix eastward to the Duke of York; I cannot imagine how that copy was mislaid, but I now send another copy, by which you will find that King Charles II.'s grant extends from St. Croix eastwards, to the east side of De la Ware Bay westwards, soe that those lands knowne by the name of the Lower Countys, (which lye on the west side of De la Ware Bay, and of which the Duke of York granted a lease to Mr. Penn) is not contained in the grant from the King to the Duke, I doe not know of any other grant from King Charles II to the Duke of York but this, and I doe not hear of any grant made by King James, after he came to the Crowne, of those lands to any person whomsoever, therefore I conceive those lands are in the Queen to dispose of as she pleases. I am glad you are pleased to approve of the choice I have made of Mr. Mompesson to be Chief Justice; I hope he will discharge his duty to satisfaction. I rejoyce extreamly to find that your Lordships approve of my proceedings with relation to the Assembly, who continue still in the same obstinate way, as you will perceive by the Bill which I now send you, and by their Journal, which I likewise send. The Bill was for raising 1,700l. for the defence of the frontiers, and they inserted the same clauses in that Bill which had oblig'd me to reject the money-bill prepared by the last Assembly; the Councill made the same kind of amendments as they had done to the former Bill, and the Assembly made the same answer as the last Assembly had done, soe seeing they would not hear any manner of reason concerning that matter, I adjourned them to Sept. 12, but the Members not being come to towne, the House did not sit till Sept. 26, at which time I recommended to them the providing for the defence of the frontiers, but they thought fit to proceed as they had done before, I herewith send your Lordships the copy of another money-bill, where they have inserted the same clauses as before, only in this they grant the money to the Queen, but not to her heirs and successors, which is directly contrary to H.M. Instructions to me. I likewise send you the reasons offered by the Gentlemen of H.M. Councill, at a Conference with the House of Representatives, against some clauses in the Bill; and the answer of the General Assembly. Those innovations the Assembly now aims at are carryed on by the same 3 men I mentioned to you in my letter of July 8 last. As for what relates to stores of warr, I sent by the Virginia Fleet an account of all the stores of warr expended since my coming to this Government, to my Lord Duke of Marlborough, and another to your Lordshipps; if that method is not approved of I will observe such other method as you shall please to direct, and for the future they shall be sent half-yearly, according to H.M. commands, or oftener if any conveyance offers. As for the consumption of powder, there has been noe other occasion since I came hither than the salutes to vessels coming in and going out, who salute the Fort, the Queen's happy accession to the Throne, H.M. birthday and Gunpowder Treason are days on which we fire guns, and the usage here has been hitherto, to salute the Governor at his return from Albany or elsewhere, but this last I have taken off, if you are pleased to order any other salutes to be forborn, I shall obey your commands, another occasion of consumption of powder since I came was this, Capt. Rogers, Commander of H.M.S. Jersey, having received orders to goe to the Island of Jamaica, wanted powder, and there was then none to be bought in this towne, soe he applyd to me for some powder, alledging he could not sail without he were supplyd with powder, soe upon that exigency I did let him have out of the stores 20 barrils of powder; if I had not supplyd him, he must have gone without it, I hope this will not be thought a fault. I shall not fail to move the Assembly at their next Meeting to raise a fund for the providing of millitary stores, etc. If I had found the small arms here in the condition I ought to have done, I should not have desired any new supply, but I found them all out of repair. How far the Respits will bear the charge of recruits I can't tell, because I don't know what the charge of raising men in England will be: I will likewise obey your commands in acquainting the Assembly that they must repay the charge of 50 barrills of powder to H.M. Office of Ordnance in England, and as soon as I receive H.M. directions for remitting the value of the said powder, I shall punctually obey. I had not desired presents for the Indians, did I not know that it is impossible to keep the Indians steady without presents, I wish that may doe. I thank your Lordshipps for the Representation you have made about a man of war for this place, if I durst have writ for two I should have done it, for it is certain a fifth rate and a sixth rate will suit this Government much better than a fourth rate. As for the matter of Bayard and Hutchins, I did send your Lordshipps an Act of Assembly by the Virginia fleet, which I hope will answer the intent. I have received the copy of Capt. Nanfan's Petition, I have considered it well and I doe confesse I have not seen anything like it before, I have inquired dilligently into the severall things which that Gentleman sees fit to make causes of complaint. The first is that the very next day after he had adjusted matters with his creditors, he had private notice that Mr. Matthews and others had entred actions against him to a considerable value, with intent, as he conceives, to make him end his life in prison, he being then reduced to a very low estate of health, by the former hardships he had suffered, and from which he is not perfectly yet recovered. Now to satisfie you upon this point, I send you a certificate under the hand of the Town Clerk of New York, by which your Lordshipps will see what actions were entred against him, by whom and for what. As to that part of this complaint relating to the hardshipps he has suffered, he has never been one minute in prison since I came into this Province, but that you may be satisfied as fully as may be in that part likewise, I send an affidavit made by the Sheriff who had him in custody, by which your Lordships will see, what the hardships are which he has undergone, the truth of that affidavit is known to everybody here, he was soe well used by that Sheriff that to my knowledge he has been severall days at a time upon Long Island which is out of the Bailywicke of New York. As for his being deprived of his vouchers, I am sorry a Gentleman will offer to say any such thing, for he knows very well he might have had all his things away with him if he had pleased. In order to obey your Lordshipps' orders, in giving such directions as may be fit, that noe person whatsoever may in any manner hinder his correspondents from transmitting over to England the vouchers of his accounts which he would referr to, I have sent for those persons whom I have alwayes observed to be the persons he trusted most, namely Mr. Walters, Mr. Abraham Governeur, and Mr. De Reimer, I asked them if they had any of Capt. Nanfan's papers or vouchers in their hands, and if they had any orders from Capt. Nanfan to transmit them to England. They severally made answer that they had noe papers belonging to Capt. Nanfan in their hands, only Mr. Governeur said he had an old blotted book in his hands, but that he had noe orders to send it, nor could it be of any use to Capt. Nanfan if he did send it; Mr. Walters indeed said that he was bound for Capt. Nanfan in a considerable sum of money to one Theobalds, a merchant in this city, to facilitate his going for England, that Capt. Nanfan gave him bills of exchange for that money, upon his Lady in Barbadoes, that he had sent those bills to Barbados, and that Mrs. Nanfan returned for answer that her husband had ordered her not to pay those bills; Mr. Walters farther said that at this very time he is sued by Theobalds for that money; I asked these Gentlemen if they knew any body else here, in whose hands he might probably leave any papers, they said they knew not anybody that he had left any thing with; if any correspondent of Capt. Nanfan's comes to me for assistance, he shall certainly have it, to the utmost of my power; but I am apt to believe that Capt. Nanfan will be pusled to find vouchers to his accounts; I am sure it was so when he was here; however, I hope your Lordshipps will not think fit that the 1,500l. he mentions to be in Mr. Thrale's hands should be paid to him, till his accounts are stated, because I believe he will appear to be debtor more then the 1,700l. he demands, upon the balance of the account. I have received the Acts of Parliament you are pleased to mention, and have caused them to be published in every County of the Provinces of New York and New Jersey, and I will take care to pursue the directions of them upon all occasions. I have likewise received H.M. letter, directing the accounts I am to send of the publick stores, which I will be sure to obey. I did intend to have sent one account by this conveyance, but I could not get the account of the stores from Albany time enough, but if it please God I live till spring. I will send such an account as I hope may be satisfactory. Thus I hope I have answered your Lordshipps' letter of March 26, 1704/5, that of April 20, which relates to New Jersey, I shall answer by another letter. The Assembly which was sitting at the time when I wrote last, did pass several Bills:—(1) for the better explaining and the more effectually putting in execution an Act for settling a Ministry; (2) for continuing and enforcing a Post Office; (3) to prevent the running away of negro slaves out of the County of Albany to the French at Canada; (4) to enable the Justices of the Peace for the City and County of Albany to raise 100l. for the repairing a common goal, and City and County Hall; (5) for the preservation of deer; (6) for reviving and continuing an Act for regulating slaves; (7) for an allowance to the Burgesses of West Chester; (8) for continuing an Act for laying out, regulating and clearing common highways in this Colony; (9) to enable William Bradford of the city of New York, Printer, to sell and dispose of the real estate of John Dewsbury, decd., for the payments of debts; (10) declaring the illegality of the proceedings against Col. Nicholas Bayard and Alderman John Hutchins for pretended high treason, and for reversing the said judgment and all proceedings thereon. These ten Acts are all that could be passed that Sessions; I earnestly entreat your Lordships to recommend the first Act to H.M. for her royal confirmation; it is an Act that will make the Ministers in the country very easy, whereas hitherto they have been very uneasy, because their maintenance was soe precarious, which by this Bill is made more certain. The second is an Act of absolute necessity, for without it the post to Boston and Philadelphia will be lost. The third is an Act become necessary by some of their negroes lately running away into Canada. The fourth is soe necessary that their gaol, City and County Hall are tumbling down. The fifth was passed at the request of most of the best people of Long Island, and I think it is reasonable. The sixth is what the country have found benefitt by and therefore are desirous it should be continued. The seventh is noe more then what the other Members are allowed, and therefore I cannot but think it reasonable. The eighth is a very necessary Act, the Commissioners appointed by the former Act not being able to finish the work in the time. The ninth is a private Act for the sale of the estate of one Dewsbery, I can offer noe better reasons for the passing that Act, than those contained in it, which I hope will appear sufficient. The tenth will likewise speak for itself. I did acquaint Col. Bayard what the Queen's pleasure was, and he chose rather to doe it by this Act then to give security, I hope it will answer Mr. Attorney Generall's objections to the former Bill, therefore I hope H.M. will be gratiously pleased to confirm all the above mentioned Acts. I have received the Commission for the tryal of pyrates (April 20, 1705), which I will take care to pursue upon all occasions, and will give you an account of all proceedings from time to time in that affair. Signed, Cornbury. Endorsed, Recd. Feb. 1, Read April 4, 1706. Holograph. 5 pp. Enclosed,
1462. i. Speech of Governor Lord Cornbury to the Assembly of New York. The season being so farr advanced, I shall not trouble you att this time wth. anything but what I thinck of absolute necessity to be provided for, that is the deffence of the Frontiers, 100 Fuziliers and 50 outscouts will be necessary for yt. service. I hope you will prepare such a bill for ye raising a summe sufficient to answer that charge, as I may give my assent to it without breaking my Instructions, etc. I had almost forgott to put you in mind for ye sea expedition this last summer, which I think ought to be discharged, several debts having been contracted upon that service. Endorsed, Recd. Feb. 1, 1705/6. Copy. 1 p.
1462. ii. Copy of reasons offered by the Council of New York to the Assembly against some clauses in a Bill for raising money for the defence of the Frontier. (1) The money is granted to H.M. only, and not to her heirs and successors, contrary to the Governor's Instructions. (2) It is provided that the Treasurer shall give security to H.M. to be accountable to the Assembly, which is contrary to H.M. Instructions. (3) It is provided that a certificate under the hand of the Col. or Capt. in the precinct where any man shall be detacht, and a certificate from ye Mayor and Aldermen of Albany, or ye major part of them, shall be a sufficient authority to ye Treasurer to pay; which is also contrary to H.M. Instructions. Same endorsement. 1¼ pp.
1462. iii. Reply of the Assembly to preceding. The Assembly cannot receive ye message this day sent from the Councill but with ye greatest surprise imaginable, they having often been acquainted with ye constant resolution of this House relating to amendments to money Bills, etc. (Cf. July 8.) Same endorsement. 1 p.
1462. iv. The Council's Amendments to the above Bill.Same endorsement. 2 pp.
1462. v. The answer of the Assembly to the Council's objections, No. ii. (1) The Assembly have hardly ever so much as named, in any of their Acts for money for the defence of the Frontiers, H.M. or her heirs, etc., yet having directed the uses of the money raised agreable to ye main scope and meaning of H.M. Instructions, they have passed with the Governors and many of them been confirmed by the Crown. (2) This clause is not restrictive, but that the Treasurer may also be accountable to H.M. etc. (3) It is natural to conclude that it is H.M. intent that the Assembly should be duly informed that the moneys granted should be applied to the uses for which it is appointed. The Instructions have been generally taken as a restriction on ye Governor not to dispose of any public moneys allotted for ye general support of ye Governmt. without the approbation of the Council, etc. In general, (a) The Assembly have experienced such an uninterrupted animosity and misunderstanding between the several Governors and all the Receivers appointed immediately by the Crown, that none of 'em have as yet been able to avoid a suspition, which having hitherto been succeeded by a totall exclusion, all possibility of rendring any accot. to, or viewing or examining any accot. by Assembly has been illuded, and the disposition of all publique monys left in the dark. (b) The several Receivers loosing their offices, and being strangers in those parts, their removall from hence (without return) has been a necessary consequence, and is one principal reason that the Assembly is wholly excluded from all manner of knowledge of ye rise and fall of ye severall branches of ye usuall revenues, the application of that or any extraordinary taxes, and all other matters that may give satisfactory insight into ye raising and paying of moneys. (c) Tho' considerable sums have been raised and duely paid in for the defence of Albany and ye frontiers, which is common barrier and bullwork not only to this and the adjacent Colonies, but also for the preservation of Virginia and Maryland (valuable jewels to the Crown), which will be in inevitable danger of being lost, should Albany and the Indians there fall into the hands of ye French, yet it appears that severall hundred pounds raised for that end has not so much as been pretended to be applied to that use, but considerable sums pretended to have been paid to men for the defence long before they had any being there or were concerned in the service. Other valuable sums are charged to have been paid for the accommodation of detached soldiers, which are as yet due and unpaid, and many of the pretended detached fuzileers were never there on duty. (d) H.M. Letter having directed the Assembly to raise money not only as ample but also as effectual as may be to ye Common Defence, they earnestly desire your Honours' concurrence to this Bill. Same endorsement. Copy. 2¾ pp.
1462. vi. Governor Lord Cornbury to the Assembly of New York. I send for you at this time because I intend to put an end to this Sessions. I did appoint this Sessions for noe other purpose, but that you might have an opportunity before the winter to make effectuall provision for the defence of the Frontiers, wch. the sourness of some of the Members of your House hindred the doing of in the summer's sessions, and I did well hope, that since H.M. commands to me had been communicated to you by the Council, that you would have met in better temper. I am sorry I have been mistaken in my expectation, because the Country may suffer by it. I hope noe accident may happen, but if there does, I take the world to witness it must lye at your doors, and noewhere else, because you have offered me such a bill as you well know I could not assent to without breaking the Queen's commands, which I will never doe, if the Queen had made use in her Instructions of any dubious or ambitious [?ambiguous] words, by the interpretation of which I might have had it in my power to gratify you, I should readily have done it, but the commands of her most sacred Majesty the Queen are positive and in very plain, express words, which will by noe means admitt of the construction you have thought fitt to put upon them. In the answer you make to the reasons offered by H.M. Councill at a conference, you say that by H.M. Instruction to the Governor it's natural to conclude, etc. (see preceding, No. iii). I must and doe affirm that you never have been denied the sight and perusal of any publick account when you have desired it, and I doe affirm I never have disposed of any publick moneys without the advice of H.M. Council since I came into the Province. As to (c), these I must look upon only as immagination, without any reality, or if these mistakes have really been committed, that you are not desirous to have them redressed, for if you had, you would have applyed to me and informed me of them, that they might have been redressed, and the like prevented for the future, but that you have never done yet, these things I thought fitt to observe to you, that the world may not be led into mistakes by the false representations which some people have whispered about. I can't help takeing notice to you that the Gentlemen who readily gave the Government creditt for many things necessary for the sea expedition last summer, think themselves hardly used, when they see the Assembly takes noe care to provide for the paying the charges of that expedition, though it is well known it was encouraged by severall members of the Assembly. I doe think fitt to prorogue this Assembly to May 1st. Same endorsement. Copy. 2¼ pp.
1462. vii. Governor Lord Cornbury to the Assembly of New York. The occasion of my requiring your attendance at this time is to acquaint you that, upon a French Privateer's comeing upon this coast, and even to the very mouth of the Harbour, the Councill were of opinion with me that all proper ways and means ought to be used to take, destroy or drive away the said Privateer, in order to the effecting whereof I did order severall vessells to be fitted for that service, but the people being generally unwilling to goe upon that service without some encouragement, I was advised to issue a proclamation promiseing a reward of 2,500 pieces of eight, to be divided among all such persons as should voluntarily engage in that service, provided the said privateer were taken or otherwise destroyed, the vessells were manned with abt. 350 men, were victualled for ten days and sayl'd to the Horekills in search of the Privateer, but had not the good fortune to meet with him; the revenue being so low that it will not answer the necessary charges of the Goverment, is entirely unable to defray this necessary charge. I therefore thought it proper to acquaint you with it, and to lay before you an accot. of wt. this expedition has amounted to, which I have in my hand, and I leave it to you to consider whether it will not be reasonable that some reward be given to the officers and men imploy'd. Communicates and recommends the Act to encourage the importing of Naval Stores, etc., with H.M. recommendations to them to pass such Acts as may make the said Act of Parliament most usefull and effectuall. Communicates the Acts prohibiting trade with France and to prevent traiterous correspondence, etc. I am further commanded by H.M. to move this Assembly to raise a fund for the purchase of Military Stores, and for the supplying other uses as the defence of the Province may require. I hope you will comply with H.M. expectations, that the Goverment may be in a condition to defend itself agt. any insult of the enemy. I have lately received a letter from the Council of Trade in which they express themselves thus: "We conceive no reason why the Councill should not have right to amend any bills sent to them by the Assembly, even those relating to money." This I hope will put an end to the difference wch. has arisen of late between this Board and the House of Representatives. If you are desirous to have a copy of the whole clause in the letter, you shall have it. Same endorsement. Copy. 1¾ pp.
1462. viii. Copy of a Bill for raising a sum to answer the charge of fuziliers and outscouts for the defence of the frontiers, etc., Oct. 3, 1705. Referred to supra. Same endorsement. 13 pp. [C.O. 5, 1049. Nos. 9, 9.i.–viii.; and (without enclosures), 5, 1120. pp. 427–434; and (duplicate of No. vii.), 5, 3. No. 25; and 5, 1084. No. 29.]
Nov. 20.
1463. W. Popple, jr., to Mr. Penn. The Council of Trade and Plantations intending to report with all speed upon the Laws of Pennsylvania, desire you to certify to them, under your hand, which and how many you did actually pass in person and sign during your stay in Pennsylvania. [C.O. 5, 1291. p. 232.]