America and West Indies: November 1710, 21-30

Pages 273-293

Calendar of State Papers Colonial, America and West Indies: Volume 25, 1710-1711. Originally published by His Majesty's Stationery Office, London, 1924.

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November 1710, 21-30

Nov. 21.
501. Mr. Popple to Mr. Blathwayt.Reply to preceding. Since their Representation, the Council of Trade have not received any further accounts of Newfoundland, and have nothing further to add to it. [C.O. 194, 4. No. 141; and 195, 5. p. 151.]
Nov. 21.
St. James's.
502. H.M. Warrant to Governor Hunter, as to patenting lands, as proposed by the Council of Trade, Oct. 26, q.v. Countersigned, Dartmouth. [C.O. 324, 32. pp. 47–49.]
Nov. 21.
New London.
503. Governor Saltonstall to [? The Earl of Sunderland]. The 19th instant I recd. yr. Lordship's letter of Aug. 31st, per ye Royall Anne pacquet boat, which arriv'd at New York ye 15th of this month, and designs to return from thence Dec. 1st next, before which time I shall not be able to communicate H.M. royall purpose of reducing Canada and ye French settlements in North America to the Assembly, but shall do it with the first and speediest opportunity: And may assure yr. Lordship, that H.M. Royall favour, and tender care, for the good and prosperity of this and the neighbouring Colonies (so fully expressed in yr. Lordship's letter) will be recd. here with ye deepest impressions of gratitude. Encloses duplicate of Address (v. Aug. 7). And could I now recover time enough to convene the Assembly, I should (by this opportunity of the pacquet boat's return) send yr. Lordship their Address of thanks and congratulation to H.M. upon the happy success of her arms in the reduction of Port Royal, by the good conduct and indefatigable diligence of Col. Nicholson. I shall not here give your Lordship an account of that Expedition, which will be done by Col. Nicholson himself (and probably before this can arrive) he being now at Piscataqua in New Hampshire, intending for Great Brittain in H.M.S. ye Norwich, if not at sea before this time. But having had the advantage of perusing some heads of an Address to H.M. intended by the Assembly of ye Massathuset Bay (v. Nov. 11) on this occasion, (they being conven'd when Col. Nicholson return'd from Nova Scotia) wherein they pray H.M. favour with relation to liberty of fishing and trading in yt. country; and also that H.M., if shee shall see good to order the reduction of Canada ye next summer, would be gratiously pleased to include her Governments on this Continent as far as Virginia in yt. service; that they may all come in to ye common charge, who are like to partake in the common benefit. I am bold thereupon (since I can have no opportunity with the Assembly here) to intreat yr. Lordship that H.M. subjects in this Colony, who have according to ye utmost extent of our ability, in obedience to H.M. commands, been joyntly concerned wth. them in the late expedition agt. Port Royall, may be humbly represented to H.M. as craving the like instances of Her Royall favour. I shall leave it to Col. Nicholson to inform yr. Lordship what our behaviour has been upon H.M. orders to us relating to that expedition: and shall only farther suggest to yr. Lordship, that this Colony, being without the advantages of such a trade as H.M. other Governments concern'd in yt. Expedition with us (viz. Massathusets, New Hampshire and Rhode Island) have, and living in a manner wholly upon husbandry, has been obliged to extraordinary charge in procuring things necessary, (wh. were not to be had among ourselves) for the furnishing out our quota of men, both in this late expedition and that of the foregoing summer agt. Canada. Which has made the burthen of the charge to lie heavier on this Colony than on ye rest. Who also by sickness yt. happen'd among the troops towards the end of that expedition design'd agt. Canada, lost between 80 and 90 men, which was more than all the other Provinces concern'd with us in it. This has oblig'd us to struggle wth. very great difficulties in our obedience to H.M. commands, as to our part in the Expedition agt. Nova Scotia; but we were fully resolv'd to shew all possible readiness in our obedience to them; tho' it would involve us in a debt which we were not like to quit ourselves of in less than 6 or 7 years; as it has done. All which I mention, that yr. Lordship may see what reason I have to suggest our utter inability to furnish such a quota of men etc. as we did in the forementioned expeditions; and that H.M. Governments of New York and Pensylvania, Maryland and Virginia, may be brought into the Expedition agt. Canada, if H.M. should order it to be undertaken, especially considering that they are so scituated as to have a more immediate benefit from the good of yt. expedition than this Colony. Signed, G. Saltonstall.Endorsed, Recd. Jan. 9. 2pp. [C.O. 5, 10. No. 227.]
[Nov. 21.] 504. Address of the Governor and Company of Rhode Island and Providence Plantations to the Queen. (Referred to in preceding). Congratulate H.M. on the reduction of "the important Fort of Port Royall (now Annapolis Royall) with the vast territories of L' Accada and Nova Scotia, towards which, in obedience to your Majesties royall commands, this your Majesties Government have contributed in setting forth the full quota of 200 men with transports etc., notwithstanding we deemed the said number of men to exceed our proportion with the other Governments concerned in said Expedition, which is humbly submitted to your Majesties wisdom, we having requested the honble. Generall Nicholson to give your Majestie the best light he can in that affair (as well as in all other respects relating the conduct of this Government) in whose honour and fidelity we put our whole trust and confidence, and whatever may be by him consented and by your Majtie. determined thereon, we shall and will as dutifull and loyall subjects submit unto. Your Majtie. hath been graciously pleased by your royall Instruction to Generall Nicholson to give a right both to the soil and trade of said countrey of Nova Scotia etc. when reduced, to the Government concerned in the reduction thereof. We your Majties. obedient subjects do in all submissive and humble manner return your Majtie. our hearty thanks for your princely bounty and tender regard continued for the welfare and prosperity of your subjects in these parts, as well as throughout all your emperiall dominion; and in more particular manner for the aforesaid bountifull offer. We have concerted that matter with your Majtie's. other Govmts. concerned in the reduction of sd. countrey, and humbly conceive that it will be of great importance for the Brittish interest, tranquillity and security of these Northern Plantations, that a Colony of Brittish subjects be by your Majtie. planted in that countrey, and that in all times forever hereafter it may be continued under obedience to the Crown of Great Brittain, and have a just consideration in all Treaties, as a place of great importance for the Brittish interest. The advantages that will hereby accrue to the Crown we apprehend will be very considerable with respect to Naval Stores, peltry and fishery: the countrey being also very fertil, of a good soil which produceth all sorts of grain, with rich meadow and pasture land, if well improved, will in a little time be capable of entertaining and subsisting many thousands of your Majties. Brittish families; the wch. will be a great addition to your Majtie's. Empire in America, as well as the tranquillity and security of these your Majtie's. Northern Plantations, and will in time (with the blessing of God) put us out of doubt of any forraign force or power. All which is most humbly submitted to your Majtie's. great wisdom, most humbly praying that your Majtie. will notwithstanding continue your royall bounty to your good subjects of this Colony in granting them at all times the free liberty of trade, and in particular that of fishing and whaling on that coast, and making the fish and oyle on the land; as also of fetching off sea-cole from that countrey without any imposition, toll, custom or duty to be paid for the same, etc. etc. Signed, Samll. Cranston, Govr. 2½ pp. [C.O. 5, 10. No. 229.]
[Nov. 21.] 505. Address of same to same. Return thanks to H.M. for sending the expedition under General Nicholson, who accomplished the conquest of Nova Scotia and L'Accada on Oct. 2nd to the intire satisfaction and content of all your Majtie's. good subjects here, and we most humbly presume that your Majtie. will be most graciously pleased to resent his good service accordingly. If your Majtie. do see cause to order the setting forward any other expedition for the reducing of any other or more of the French settlements in these Northern parts, (wherein our assistance may be required) we most humbly pray that your Majtie. will be pleased to conferr the like trust and sole command upon the aforesaid Generall, etc., his valour, prudence and good conduct being most agreeable and acceptable to the constitution of your Majtie's. subjects. Pray for H.M. long reign and the success of her arms, etc. Signed, Saml. Cranston. Govr. 1¾ pp. [C.O. 5, 10. No. 230.]
Nov. 22.
A Londres.
506. M. de Monsegur to [?Lord Dartmouth]. In 1706, introduced by M.le Marquis de Guiscard, I made a proposal to the then Ministry for the surprise of Placentia by a new, certain and easy way. As I was there in 1694 and 1696, when the English Fleets attacked the place, and M. le Marquis de Brouillan, the Governor, entrusted the disposition of the defence almost entirely to me, it is evident that I know better than anyone its strength and weakness. My project was approved in 1706 by the Council and the Admiralty, and since then, year by year, forces have been prepared to put it into execution. I have been ordered two years in succession to go to Portsmouth, and have embarked there, but each time affairs taking an unforeseen turn, the said forces were sent elsewhere. H.M. granted me a pension. I re-submit my proposals. The matter is one which requires preparation a long time in advance. The expedition must be ready to said towards the end of April, etc. Signed, De Monsegur. French. 4 pp. Enclosed,
506. i. Testimonial in favour of Michel de Monsegur. Signed, Sunderland. Whitehall, 16th April. 1708. Copy. ½ p. [C.O. 194, 22. Nos. 3, 3 i.]
Nov. 22.
Admiralty Office.
507. Mr. Burchett to the Lord Dartmouth's Secretaries. In answer to the Lord Dartmouth's letter of the 20th inst. to my Lords of the Admiralty, which brought inclos'd a copy of an Order from H.M. Council relating to the sending an Engineer from Jamaica to the Bahama Islands, I inclose copy of an Order to the Commander in Chief of H.M. ships at Jamaica, for sending one of them on this service. A duplicate of the order will be sent to Jamaica by the next packet-boat. Signed, J. Burchett. Endorsed, Recd. Read Nov. 23, 1710. 1p. Enclosed,
507. i. Lords Commissioners of the Admiralty to James Littleton, Commissioners of the Admiralty to James Littleton, Commander in Chief of H.M. ships at Jamaica, Nov. 7, 1710. You are to appoint a ship to transport the Engineer at Jamaica to New Providence, to take a survey of the Bahamas, etc. Signed, J. Leake, G. Bing, P. Methuen, W. Drake. Copy. 1 p. [C.O. 5, 1264. Nos. 103, 103 i.; and 5, 1292. pp. 231–233.]
Nov. 22. 508. Lt. Governor Usher to the Council of Trade and Plantations. Refers to previous letters. Since wch. have onely to ad God by his Providence given Honble. Francis Nicholson Esq. Genll. of H.M. Forces signall victory in takeing port Roiall, whose courage and conduct attended with generosity and Christian-like speritt filled the country wth. acclimations of joy; and praises to God, and him thancke (ytt. after two attempts, wth. greatt expence and charge returned wth. greatt shame, being onely attended wth. avaricious speritt in plundering the poore to there greatt discreditt, and notwithstanding hindrances and difficultys retarding proceedings) port Roiall now Anapolis Roiall, spedily reduced. Itt's humbly wished, soe glorious a worke began by Her gracious Majesty, would still strech forth her hand of sovereignty for totall extirpation of French from American partts: would be gem in Crown and benefitt to nation, for increas of seamen and suply Navall Stoures. H.M. being in poscesstion of port Roiall now Anapolis Roiall, if perchase Mr. Allen's claime, would have all the soile from Salem to Bay a funde, and by H.E. Speach finde Mr. Allen surrendering to the Crown, wish may be accomplished. Prays for consideration of his services etc. I haveing bin subject of many affronts by Councill, in perticuler by Vaughan, Walderen, Penhollow and Plaisted, onely oposers of Queen's interestt, in perticuler, Assembly voateing dutys on lumber exsported, would amountt to £500 per annum, they vigorously oposed and obstructed persons againstt H.M. interestt as to mastts and timber for Navall Stoares: pray may be removed. Walderen always affronting, takeing on him power Govermtt. and Hannan-like, all must bow, his cariage unbecomeing, Govermtt. uneasy, he being of Councill, in Councill demanded how he did come to sitt in Councill, replyed by order of Queen in Councill: said order read, finde Secretary Hedges directed to prepare a warrantt, and for roiall signett, enquired if had roiall signett: Secretary replied had nott sen any. I then did tell him, suspended him from setting in Councill, as per minuitt reasons I inclose. As for indignitys putt upon me, Capt. Studley can acquaint your Lordships, etc. I crave H.M. would send a company of souldiours for the fourtt wth. small armes, would tend much for security and suport honour Govermtt: butt noe armes withoutt souldiours, because of imbezelmtt. Pray H.M. would give me £200 for building a bridge from the Island to Mainland, I will engage to accomplish the Bridge (as H.M. bin att expence for the fourtt) of absoelute necessity in case fourtt attacked succor from mainland may be had. Col. Romer and Col. Rednap can informe. Treasurour and Secretary haveing noe comistions, pray may be comistioned from Crown, and accountable for trust reposed in them, and all officers comistioned from Crown to be of Councill. As for Penhollow persuantt to Instructions, kepes noe faire bookes accotts.; a person agtt. Kingly Govermtt.: a greatt sticker and oposer as to anything for H.M. interestt, as to masts and timber for Navy, judge him neither fitt for Councillour nor Treasurour; butt all persons here have and kepe places by giving mony for them. I herewth. send accountt of mony issued outt of Treasury wch. is nott for uses and suportt of Govermtt. contrary to Instructions, pray persons be apointed to examine same. In receiveing Genll. Fr. Nicholson Councill's charges borne by Govermtt. I signifyed my expences considerable and ytt. same might be allowed; answered province poore; noe mony in Treasury, soe nothing granted. Mr. George Jeffrey, loiall person, good estate, pray may have a comistion for Treasurour's place with Instructions. My Lds., winter comeing on litle or noe business att sea. Mr. Armstrong goes by this conveiance, whoe has made itt his business to inspectt into all affaires in these partts, recomend him to your Ldships. to give accott. as to Govermtt. and soile, and in perticuler of great waste and destruction of trees and timber fitt for H.M. Navy. I aprehend if H.M. has souldiours att fourtt they may be a guard for surveying H.M. woods; a guard for getitngs masts, etc. P.S. Persons names to be of Council; Jno. Hinck, Sampson Sheaf and Theoder Adkinson, Newcastle; Richd. Garish, George Jeffrey, Col. Tho. Packer, Capt. Tho. Phips, Jno. Wentworth of Portsmoth; Major Jos. Smith, Peter Waer, Hampton; Richd. Hilton of Exiter. Signed, Jno. Usher. Endorsed, Recd. 28th Feb., Read March 2, 17 10/11. Holograph. 1½ pp.
508. i. Copy of Address of Assembly of New Hampshire to Governor Dudley, Oct. 23, 1710. We have voted £2,500 for the payment of debts etc. We are informed that H.M. Councill made some exceptions unto part of our vote last session as thinking they were reflecting upon H.E. Wee intended noe such thing, but acknowledge your Excellencys care over us, etc. We think the law for the excise is good, it only wants to be put in due execution, but considering there might be considerable come into the Treasury by a duty on lumber exported, Voted, that all the lumber that shall be exported to any of the mainland of America, Long Island, Rhoad Island, etc., shall pay 2s. per tun, etc. Copy. Same endorsement. 1¾ pp.
508. ii. Mr. Usher's account of mismanagements in the Treasury of New Hampshire, and his reasons for suspending Mr. Waldron. Signed, John Usher. Same endorsement. 3 pp.
508. iii. Copy of Governor Dudley's letter to Mr. Story, Secretary of New Hampshire, upon H.M. Order appointing Mr. Waldron to be of ye Council, and Minute of Council Nov. 21, 1710, as to Mr. Usher's suspending him. Same endorsement. 3pp.
508. iv. An account of money issued out of the Treasury of New Hampshire, 1697–1701, of which there are no accounts on file of particulars. Total, £2425 9s. 8d. Signed, John Usher. Same endorsement. 1p. [C.O. 5, 865. Nos. 62, 62 i.–iv.]
Nov. 25.
509. Governor Dudley to Mr. Popple. About 20 dayes since I was in New Hampshire to hold the General Assembly, and upon adjustment of their debts I found them upwards of £2000 in debt, in discharge of which they offered in the House of Representatives to rayse £2500 in Province bills upon a good fund provided the Council would agree thereto, and also agree to rayse a duty upon boards transported into the Massachusets Colony, which the Council would by no means agree to, and I was forced conclude the session with a tax of £1200 only for the present supply of the Treasury, and prorouged the Assembly to March next, since which Lt. Governour Usher who lives in this province, has taken his progress thither, and inclosed is an account of his proceedings, which the Councellours present have signed. I do not suppose it is H.M. intention by the Commission to her Lt. Governour, that he shall proceed to such extraordinary Articles when I am within a four and twenty houres advice. To suspend any of H.M. Councellours without a due process according to the Instructions for that Goverment. Nor that he should take the books of the Council from the Secretarye's keeping so as nobody can be charged with any alterations or rasures which have been heretofore greivously complayned of in that province. Nor do I suppose the Gentlemen of the Council do unreasonably complain of the expense of their powder, which I am commanded to see thriftily expended. I am sure they say right, it is more by five times then was ever directed by me during the eight years of my being in this Goverment, upon any such occasion. I have at no time hitherto fayled of obtayning the just payment of the debts of these provinces, and well eno' knew when I left the Assembly upon that prorogation that the representatives would soon be uneasy with their soldiers for thier money which is so come to pass, and the Speaker and the principal of the Comons have prayed mee under their hands to allow a session for the raysing of their whole debt, which I shall soon bring to pass, if not interrupted and disquieted by the articles above. I never made or managed a complaint against any person concerned in Goverment with mee, nor do I now but I could not easily find the way to set these things right nor satisfy the Gentlemen of H.M. Council who think themselves injured. You will please to communicate this to their Lordships. Mr. Usher is yet absent, and I know not what he has to say, but I suppose he writes to their Lordships upon these matters. But the fleet being ready to sayle and at 30 leauges distance I could not delay any longer. Signed, J. Dudley. Endorsed, Recd. Read March 1st, 17 10/11. Holograph. 2 pp. Enclosed,
509. i. Four Members of the Council of New Hampshire to Governor Dudley. Portsmouth, 21st 9ber, 1710. After sundry fatigues in attending Mr. Usher in Council, 1st at Hampton, 2nd at grt. Island, 3rd at grt. Island, and this day at Portsmo. upon very frivolous occasions, and Mr. Waldron readily answering his several speeches, wth. whome ye Councill did alwaies unanimously agree, but their answers being perhaps not agreeable to Mr. Usher's expectation, he enquires how Waldron came to sitt there, it was answer'd he sate there by virtue of ye Queen's mandate and by the Governour's order was admitted and sworn as in such case is required, he then told Mr. Waldron he dismiss'd him from that Board etc., without mentioning any reason for ye same, at wch. ye Council were very much amazed, for that ye said Waldron never offered anything but wt. was ye mind of every member of ye Council yn. present. Your Excellency is well acquainted with Mr. Usher, but he's of late grown greivous to us, his comeing here under pretence of H.M. service is onely to disquiet H.M. good subjects, and disserve rather than serve H.M. interest, of wch. wee could give sundry instances, but will particularize but one, vizt., notwithstanding this poor province was necessitated for want of powder etc. in this time of warr, at a great charge to send over an Agent for England with an Addresse to H.M. for a supply thereof, wch. H.M. was most graciously pleased to grant, yet but yesterday wee are inform'd by ye Commander of ye Fort Mr. Usher had ordred to fire 3 rounds of all ye guns at ye Fort, wch. wee understand was accordingly done at the expence of 10 or 11 barrels of powder at once, wch. wee presume is more than has been done by your Excellency's order for 7 or 8 years last past. So yt. if your Excellency would please to represent him as he is, yt. by any means he may be removed, it will be a service to H.M. as well as an ease and quiet to her good subjects here. Wee sent to Mr. Story for copies of the Minutes of Councill to send your Excellency, but he tells us Mr. Usher required ye Councill book, and he supposed has carried both that and ye minutes down to Great Island wth. him. Signed, Wm. Vaughan, Saml. Penhallow, John Plaisted, M. Hunking. 1½ pp.
509. ii. Extract of Minutes of Council of New Hampshire. Without date. ¾ p. [C.O. 5, 865. Nos. 61, 61 i.–ii.; and (without enclosures) 5, 913. pp. 331–333.]
Nov. 25.
New Castle.
510. Lt. Governor Usher to the Secretary of State [Lord Dartmouth]. By H.E. Speache, Mr. Allen surrendring his claime to province New Hampshire, if perchased H.M. claime will be from Naumkege to Port Roiall, in sd. tractt is all the trees fitt for masts and navall stoares, fitt for H.M. service. There is such destruction of trees for boards, am informed by Major Plaisted, if some strictt care and ytt. speadily, in foure years time noe masts fitt for the Crown, the Surveiour tho' prohibitts and ceizes, the Govermtt. nott assisting, uncapable to serve the Crown, opinion either Governour or Lt.-Governour have comistion for Surveiour wth. power and liberty to make a Deputy. For an Actt to be made for preserveing woods and nursery will never here be made to answer the end, therefore an Actt in parlimtt. moste proper. I once sentt heads for one (same may be there perfected) to Plantation Board. Lett Actts never soe strong made, and strictt, if Act putt in execution, will never obtain judgmt. for the Crown, because Crown never had rightt: soile being in natives, as judges of Courtt have declared, and all persons as judges agtt. Queen's right. I humbly pray an Actt may be pastt, wherein Croun or others concerned, if either partys in any case desires a spetiall verdictt, judges to directt the jurys soe to finde; if nott all evidences being in writeing, may apeall to Superiour Courtt, and there give in reasons of apeall, wch. reason and answer shall be in nature of a spetiall verdictt and in case of apeall for Engld. all evidences being in writeing, may apeall to Superiour Courtt, and there give in reasons of apeall, wch. reason and answer shall be in nature of a spetiall verdictt and in case of apeall for Engld. ye whole case with seal of province be remitted, and meritt case entered on in Engld., and there either confirmation or revertion. There is absolute necessity of a Courtt of Chancery for H.M. service and releife of the subjectt. Itt's an unhapiness judges in this province (where Crown concern'd) instead of setting as judges, plead as attorneys agt. Crown, as Vaughan and Plaisted. If a poore loyall man committs a crime, shall be handled with severity. I humbly presentt names for Members and Councill. I crave your Ldshps.' favour Genll. Nicholson, Capt. Studley and others may attend your Ldshps., and give accott whatt hath bin under theire information and observation in this Govermtt. Pray for a company souldiours for the Fourtt, will be to strengthen, and suport of honr. Govermtt., security for ships ytt. come for navall stores, guard for getting masts, and to Surveiour woods to guard him. Humbly pray for £200 to make a bridge from mainland to island, for releife of Fourtt if attacked; be of greatt service. This Govermtt. never gave me one peny for service therein, thincking to starve me, and by affronts discourage me in discharge of my duty. Still shall perform the same, they haveing nothing agtt. me, butt I will maintain prerogative of Crown, and mony shall nott divert me. Mr. Walderen being admitted Councill, I suspend him, comeing in att wrong door under notion of a mandate, and affrontt on your office, nott persuant to Queen's order, as may se by Minuitt Councill, a person a judge for setting up natives rightt to soile agt. Crown grants. One Mr. Armstrong goes by this conveiance, is capable to give a true accott. of Govermtt. and soile, and in perticuler Quitt-rentts, etc. Signed, John Usher. Holograph. 1 p. Enclosed,
510. i. Minutes of Council of New Hampshire, Nov. 21, 1710. The Lt. Governor suspended Mr. Waldron, etc., who said he would await the Governor's Instructions. Copy. 1 p.
510. ii. Memorandum by Lt. Gov. Usher. Quotes Governor's Instructions as to form of granting public funds to the Crown for the publick use, and as to keeping accounts. There is the sum of £2511 10s. 7d. issued out of the Treasury not for publick uses or the province or support of the Goverment, neither is there books of accts. fairly kept, which I demanded Nov. 23, 1710, of the Treasurer; he refused to produce his books, and gave me a genll. account to send to Auditor Genll. Mr. Penhallow, who is now Treasurer and one of the Councill is an ill man as to Crown Goverment. I humbly desire he may be dismist from Councill and Treasurer. There is noe care taken for passing laws for punishing Mutiny, Deserters or Falce Musters; I once proposed an Act about it to the Assembly, but the(y) would not agree upon it in neither Houses. An accot. of mony issued out by H.E., not for the use and soport of Govermt.. according to the Queen's Instructions:—Pd. Wm. Partridge £300; Wm. Vaughan, £400; George Vaughan £858 7s. 2d. Noe account on file with the Secretary of particulars: pray may be inquired into. Nota. £50 of £250 paid George Vaughan was paid to H.E. 1 p.
510. iii. The Lt. Governor's reasons for suspending Mr. Waldron. He had no warrant, and refused to take one out. (v. Aug. 17 supra). When he hath been summoned to Councill, we have waited sometimes two hours for him. General Nicholson coming to the Province, I called a Councill at Hampton to take care of his reception. Mr. Waldron with others replyed the Province was poor, could not receive him at the charge of the Province. Answered then I would. Upon which it was replyed that orders should be given to the Treasurer for his reception at Hampton, and Col. Packers at Portsmo. I ordered the Councill to meet to give General Nicholson a reception, out of disrespect Waldron and others refused to attend me, that when the General did come to Portsmouth, I had none but Capt. Studley and Mr. Secretary Story to give a reception, Vaughan and Waldron designing a back way to receive him at Vaughan's house, tho' his reception by the Councill ordered at Col. Packer's, provision being there made. Waldron endeavoured to make a difference between H.E. and the new Assembly (v. Minutes of Councill, Aug. last). I ordered Mr. Secretary Story to take a Minuitt of Councill and draw upp the same, accordingly he did, Waldron said it should not be, he would draw one and did, copy of both formerly sent you. H.E. Oct. 19 made a speach to the Assembly; in the Assemblies vote to H.E.'s speach vindicated themselves as to their answer to my speach in Augt. last, and they desired to raise mony to pay debts, and to lay duties on lumber, which dutys would amount to £500 per annum. Mr. Waldron and Councill would not consent, and all the time of the Sesions was spent in debats for the Assembly to retract from their answer to my Speach, but they would not, soe nothing was done. When at any time I come into the Councill Chamber if Waldron is there before me, with disdain has his back some time to me, and at a distance say your servant, with insulting deportmt., affronts many and great with disrespect to the Queen's Commission. When in former Councills he was suspended and the layin dutys on boards was proposed, the Assembly then would not consent; and now the Assembly proposes an Act for the said dutys and the Councill will not consent, Waldron being in the Councill. When I suspended him in an insulting manner he said he took leave of his honour at the door with his hatt on, and called to the Secretary to take a Minuitt. I replyed to him, it is verry saucely wth. your hatt on. Signed, John Usher. 1¾ pp. [C.O. 5, 10. Nos. 4, 4 i.–iii.]
Nov. 26.
Rochester at Plymouth.
511. Commodore Aldred to the Council of Trade and Plantations. Encloses following. The original of the petition of the inhabitants, signed by them, was, in coming on shore, lost by accident, the boat being oversett. Signed, J. Aldred. Endorsed, Recd. 1st. Read 4th Dec., 1710. 1 p. Enclosed,
511. i. Answer to such of the Heads of Enquiry of the Council of Trade as are unremedyed in Newfoundland. Article 4. The inhabitants and others continued to rind ye trees for covering their houses, stages etc., which might be remedyed by their being obliged to make boards for that use. (12) The Admls. and Masters do not keep any journals or accounts of the number of ships, seamen etc. employed as is directed in ye Act. (20) They have no other sustanance in this country then fish, venison and some small quantity of wild fowl. They carry on some small trade of beaver, otter, fox and martin and other furrs. (21) They are supplyed with provisions from Great Britain, Ireland and New England, and have their salt from Portugal, Isle of May, Bilboa, Cadiz and Bercelona. They have no cloathing nor fishing tackle etc. but from Great Britain and Ireland. (22) Some considerable quantity of rum came hither from New England, whereby ye fishermen and servants do debauch themselves and run in debt, for payment of wch. many are obliged to hire themselves to ye planters. (24) The commoditys brought to ye country are disposed of to ye fishermen, seamen and inhabitants. (25) Some small quantity of sugar and tobacco are brought thither from New England and ye West Indies for ye country's expence only. (28) Value of oyl from 15 to 16 £ per tun, and fish from 15 to 16 sh. per quintal. (29) The sack ships are all laden with fish and go to Bilboa, Viano, Oporto, Aveira, Figuera, Lisbon, Cadiz, Gibralter, Bercelona, Genoa, and Livorne. (31) Inhabitants at Plaisence and other places in Newfoundland are abt. 1000, no encouragement given to planting. (32) They have three forts, one of 50 guns and 2 mortars, one of 20 guns and 2 mortars, and one for small arms etc., and 50 ps. cannon along shore. (33) The French carry on great trade on the banks of Newfoundland, where they have most times of the year 50 or 60 sayl of ships catching and makeing mudd fish which they carry to France.
Answer to the Additional Instructions: The vessells from New England do supply ye inhabitants of Newfoundland with provisions, which if provented would endanger their starving. European commoditys are carried directly to Newfoundland from Spain, Portugal and Italy in British ships, vizt. wine, oyl, brandy, fruites, wch. are sold to ye inhabitants and others in ye country. These are not to be prevented unless ye Act of Trade is put in execution. Endorsed as preceding.
511. ii. A scheem of the Fishery of Newfoundland, 1710. Fishing ships 49, sack ships 26, ships from America 18. Burthen of fishing ships, 5748 tuns. Men belonging to ye fishing ships, 2802. Fishing ships' boats, by boats and inhabitants' boats, 518. Byboat men, 624. Quintals of fish made by fishing ships, 34290, by byboats, 14068, by inhabitants' boats, 91170, taken in prizes, 33,000. Total, 172528. Quintals of fish carried to market, 137,226. Quantity of train made, 692 tuns. Inhabitants: men, 1868, women, 235, children, 377. Total, 2480. Same endorsement. 1 p.
511. iii. Petition of Inhabitants and Traders of Newfoundland to the Council of Trade and Plantations. Whereas the benefit that arrises from the Fishery and Trade is considerable to us and the publick, we beg leave to demonstrate that since (two years agoe) the takeing of Saint Johns which is the only or cheife place for the security of the whole country and trade of Newfoundland, the Government not having been pleased to send forces, ammunition and other warlike necessarys for its reliefe as formerly, its defence for last winter was nevertheless undertaken by your petitioners with a resolution suitable to the importance of the place, and that zealous loyalty wee owe H.M. This our faithfull service, tho' a duty we owe our Queen and Country, was of so much burthen to us in the dangers, and also the inconveniences of so many families and their effects being crowded up in so little room, and the want of so many necessarys, which the strictness of our watch could not allow to be supplyed, and that which most concerns the publick, our Fishery; that when we had conceived great hopes of being supplyed with all things necessary from England this summer, and wee found all our expectations vain, nothing could be more averse then thinking of engageing over again in the same hardships another winter; but our Governour who has upon all accounts approved himselfe to us in his zeal for the publick, being by the Commadore prevailed upon once more to take upon him the charge of this Fort, wee all of us after his example are willing to expose to the utmost forseen hazards from an highly incensed enemy, rather than be wittnesses of the sad consequences must otherwise needs follow upon ye loss of a place on which depends a concern of so high an importance. But that wch. animates us the rather to this, is together with our duty the hopes we humbly beg we may not again be disappointed in that these ye utmost testimonys of our loyalty to our gracious Soveraign may so farr recommend us to her pity and good esteem, that her same auspicious tenderness and vigilancy, which so gloriously, readily and effectualy protects all other parts of H.M. Dominions may not think us unworthy of some the least share of her favour. The Nation wee assure ourselves is sensible of ye moment of Newfoundland even in its now greatest disadvantages from the hostility and ravages of the French, and therefore not to divine what we may hope from the times of a settled Peace, since the whole depends upon the preservation of this place, wee again humbly begg that the Government will appoint such forces as may be sufficient to take the charge of it, that ye conveniency of fishing, ye only riches of this country, may not be utterly lost or in great measure be again hindered and so H.M. faithfull subjt. brought under ye necessitty of quitting the trade to their own utter ruin and so considerable disadvantage to the publick. Same endorsement. Copy. 1½ pp. [C.O. 194, 4. Nos. 142, 142 i.–iii.; and 195, 5. pp. 152–160.]
Nov. 26.
New York.
512. Governor Hunter to [? Lord Dartmouth]. I had the honor of two of your Lordps.' letters by our packet boat, one relateing to the expedition intended against the French in Canada. How litle is to be expected from this people your Lodp. will see at your leisure by the inclosed copies of mine to the Lords of Trade. I humbly intreat your Lordp's. assistance toward an effectual remedy or all must runn into confusion here, and indeed for any thing I can learn they are driveing the same way in most of the other provinces. I must again put your Lorp. in mind of the bills drawn on behalf of the poor Palatins, etc. Signed, Ro. Hunter. 1½ pp. [C.O. 5, 1091. No. 31.]
Nov. 27.
St. James's.
513. The Queen to Governor Hunter. Warrant for altering the covenant in grants of lands on the frontier, according to the Representation of the Council of Trade (v. Oct. 26). Countersigned, Dartmouth. [C.O. 5, 1122. pp. 200–202.]
[Nov. 27.] 514. Sir James Mountague (Solicitor General, 1707) to the Council of Trade and Plantations. Report on Acts of Virginia passed in 1705. (1) As to the Act for naturalisation. I am humbly of opinion that it is too great a power to be lodged in any one person, in any Kingdom, tho' he be Governor thereof, to make Aliens and Forreigners to be upon the same foot as the naturall born subjects are, and it may be prejudiciall to our Trade and Navigacon, if the persons so naturaliz'd in Virginia be enabled to doe any matter and thing which by any of the Acts made in England concern H.M. Plantations, and yet to disable them as to some things, seems to be contradictory to the notion of naturalizing, which is, investing them with all the rights and priviledges of any H.M. naturall free-born subjects there. As to the Act for establishing the Genl. Court, etc., I have no manner of objection, nor to the Act concerning juries. I have no objection to the Act of New York, 1706, granting sundry priveledges and powers to the Rector and inhabitants of the City of New York of the Communion of the Church of England. I have read over the Laws pass'd in the Massachusetts Bay, 1701–1706, sent to me by Mr. Popple, May 23 last, and have no manner of objection to make to any of them. Signed, Ja. Mountague. Endorsed, Recd. Aug. 21st, 1707, Read Nov. 27, 1710. 2 pp. [C.O. 5, 1316. No. 53; and 5, 1363. pp. 226–228.]
Nov. 27.
515. Mr. Bridger to the Council of Trade and Plantations. I have only to lay before your Lordps. the quantity of Naval Stores in the Fleet and since March last, vizt. (barrels) tar 1410; pitch 2111; rozin 338; tirpentin 1525, imported from this place. H.M. has no such destroyer of her woods as Mr. Collins' Agent etc. P.S. As soon as there is any snow, shall go to Piscataqua and into the woods to preserve them, etc. Signed, J. Bridger. Endorsed, Recd. 8th, Read 22nd Jan., 17 10/11. Addressed. Sealed. Postmark, New York, and date of arrival. [C.O. 5, 865. No. 59; and 5, 913. pp. 318–320.]
[Nov. 27.] 516. Col. Jones to the Earl of Sunderland. In obedience to H.M. commands, March 25, I have inquired into such complaints as have been made to me against any officers or soldiers of my Regiment for any outrages committed by them upon the persons of any of the complainants against General Parke, or others; and accordingly found four sentinells of the Company of Granadiers commanded by Capt. Thoms. Newell guilty of several high outrages committed in Antigua; and sentenced them to be whip'd, and appointed a meeting of ye Companys then posted in that Island, in order to have the sentence executed, and immediately after signifyed ye same both by a verball message and by letter to Genl. Parke, who in his answer, according to his usuall contempt and neglect of H.M. Orders, took the pains to inform me that no soldier could be ordered to be whip'd but by a Court Martiall to be approv'd by the commanding officer; and that he should be failing in his duty to H.M. should he suffer ye laws to be broken; and that he should always be willing to appoint a Court Martiall on the least intimation that I desired or had occasion for. After receipt of this letter, I sent a verball message by my adjutant to him, to give notice that I had appointed a meeting of the companys to have ye soldiers whip'd according to my sentence. He thereupon expressed himself in violent rage to my adjutant;—"If he darst, he would lay him by ye heels and clap a sentinell at his door." By this means I have been hindered from punishing the offenders, etc. A great many affidavits have been taken before me against severall officers of my Regiment, (cf. July 29), especially against Lt. Phillip Walch, and one Luke Walch, who for above twelvemonth has done duty as an Ensign in my Regiment by a Commission from Generall Parke, tho' he never produced the same to me till 25th of last month. Severall of the matters they were charged with by ye said depositions were highly outragious and insolent. But General Parke continuing to give me obstructions in this, as well as ye other parts of my duty, I concluded it improper for me to attempt ye punishing them, since I was sure to be baffled in ye attempt, and have instead thereof herewith transmitted to yr. Lordship the depositions, etc. relating my proceedings in obedience to ye said order. General Parke has not only been ye author and incourager of the high disorders and abuses committed by severall officers and soldiers of my regiment and co-operated with them in person, in severall of the disorders and abuses committed by them, but has likewise dissolv'd and broke ye neck of all discipline, and encourag'd ye soldiers to disobedience, and to mutiny against their officers, and has spared and egg'd on some of my officers who are his creatures, and have been made use off as tools in his highest acts of violence and oppression, to the most dangerous peices of insolence to, and contempt of their superiour officers, even myself, etc. So that things are come to that pass, that unless some speedy stop be put to his career in such his pernicious practices, the Regiment will be rendered altogether unfit for service, and the Colonies for whose defence ye regiment was sent out, by these means may receive some fatall blow. Tho' there appears a deposition against our Lt. Phillip Everard, yet the said officer has since I have known him behaved himself with a great deal of good manners and civility wherever he has been posted. The offences contained therein are ye only escapes of consequence that I can justly charge him with. I am throughly satisfyed yt. severall other complaints would have been made against some officers and soldiers of my Regimt. who have been employ'd in General Parke's blackest designs, were it not for fear of him or of such officers and soldiers boy'd up and supported by him, etc. Signed, Ja. Jones. Endorsed, Recd. Nov. 27, 1710. 4 pp. [C.O. 152, 42. No. 31.]
Nov. 28.
New York.
517. Governor Hunter to the Council of Trade and Plantations. Encloses copy of Nov. 14. Continues: This comes by the packet boat, by which I received the Instructions relating to illegal trade and the wollen manufacture amongst the Palatins and Commissions etc. Yesterday I prorogued the Assembly here to March 1st; they have done nothing, so that all the absolutely necessary parts of the support of Government are now and have been ever since my arrival here defray'd by my poor purse or credit, which you'll easily be convine'd can not hold long. I send your Lordps. now their journal intire, by which you'll find the truth of what follows. The Assembly having by a clause in a bill for laying a duty on chimneys made the Treasurer accountable to them alone, the Council made an amendment making him accountable to the Governour, Council and Assembly, as has been the custome ever since the Country had a Treasurer of their own. As also another amendment exempting the poor Palatins from that duty, and sent to acquaint the Assembly with their amendments. The Assembly did not consent, the Council adher'd, and desir'd a Conference, which was granted, where the Council gave their reasons for insisting on their amendments, but the Assembly neither agreed to the amendments, nor desired another Conference. The same steps were made as to the amendments to a Bill laying a duty on goods sold by auction relating to the Treasurer's accounting, only the message from the Assembly was in general terms, vizt., that the Council could not but be inform'd of the steady and constant resolution of the Assembly not to admit of any amendment to a money Bill. At a conference the Councill offer'd their reasons to support their right warranted by constant practice till of late, and confirmed by your Lordps.' opinion, which was given them by my Lord Cornbury (quoted) in 1706, but to no purpose. Another Bill past the Assembly for disposing of the stores in the hands of the Commissioners at Albany for the intended Expedition against Canada, whereby they assume a power to sell and convert to what uses they please not only the stores bought by the Country's money, but all H.M. stores, arms and ammunition, guns and mortars taken from her magazines here or sent from those in England: this was thought by the Council presumptuous and unjust and therefore made an amendment confining them to the sale of such stores only as were bought by the Colony's money, but the Assembly would not agree to't, and tho' at a Conference the Council gave them their reasons for the amendment, they never vouchsafed them an answer. After this the Assembly sent up a Bill for the Treasurer's paying sundry summs of money whereby they had appropriated what they gave toward the support of Government, which was not much more then the half of what there is a real necessity for, and much less then the half of what has been heretofore allow'd. To this the Council made an amendment, whereby it was left to be issued by warrant past by the Governour by and with the advice and consent of the Council, as is commanded by H.M. Instructions. The Assembly would not agree to this, and the Council insisting, they desired a Conference, where the Council gave their reasons for the amendments, vizt., the Queen's Instructions, the former practice here, and in the other Plantations, and the method observ'd by Parliament in that case not to appropriate what was given for the Civil List. They sent also up another Bill of fees much like what H.M. dissapproved last year, reducing the Fees so low that no officer could live, tho' the Ordinance for that purpose had reduced them enough in all conscience. This the Council have ordered to lye upon the table. I acquainted your Lordships with the naturalization Act, which had its rise in their own house, and was intended for their service, seeing H.M. Instructions to naturalize the Palatins would have been an inducement to have past it, but they let it drop. Upon which I put them in mind of it and acquainted them with your Lordps.' representation to H.M. that the Palatins should upon their arrival here be naturalized without fee or reward, but they have declined it, for no reason that I can guess but that it was recommended to them, seeing they themselves were to be the chief gainers by it. I read to them and gave them H.M. letter in favour of the Lady Lovelace, earnestly recommending to them what was but material justice. The day before her Lord's death they had voted £1600 to him his heires and assignes, and after his death they reduc'd it to five. I prest it both in publick and private as a piece of justice that nearly concern'd the credit of their house, and what would be most acceptable to H.M., but to no purpose, for they have taken no manner of notice of it. After what I have said, I need not tell your Lorps. the difficultys I labour under and the necessity of some speedy relief. For indeed if my Instructions would have allow'd the passing of all their money bills it was but an abuse offer'd to the Governt. at best for the fonds are given for twice as much as they would raise, and the vendue or auction bill, which was to have raised £500, would not have rais'd one farthing, the promoters of it owning that they intended no more by't then a prohibition of that method of sale which they have ever look'd upon to be detrimental to their trade. Now my Lords unless it could be supposed that H.M. cou'd rest satisfy'd to have her Governour and Council here made cyphers, her authority in their persons trampled under foot, and matters of Government for the future managed by the caprice of an Assembly, I firmly hope for and promise myself a speedy and effectual remedy. Some of the Council proposed a Representation to H.M. from their Board, but knowing the unhappy consequences of that method in the Jerseys, I discountenanced it, seeing the Assembly's own Journals will sufficiently make appear the truth of what I have represented. I must do H.M. Council here the justice to declare that I think it is not possible for men in their station to behave with more virtue and resolution with regard to H.M. right and prerogative then they have all of them done excepting one man, that is Col. De Peyster, the Country's Treasurer, who has had the misfortune to be singular in every individual vote since I have had the honor of sitting at the head of that Board, and so avowedly that at a Conference one of the Council was obliged to tell him publickly that he appeared there as an advocate for the unaccountable proceedings of the Assembly, not as a man who had taken an oath to maintain the Queen's right. All the Acts that I have past this session are what follow, and indeed I have past all that came the length of my assent: (1) An Act for laying an excise on all strong liquors retailed in this Colony. (2) An Act for continuing a duty on the tonnage of vessells and slaves, (3) An Act for reviving an Act for better setling the Militia etc. (4) An Act for reviving an Act regulating jurors, (5) An Act to repeal a clause in an Act against forging and clipping foreign coin, (6) An Act for the better settlement and asurance of lands, (7) An Act to prevent the burning of woods, (8) An Act for repairing the Blockhouses platforms and other fortifications of Albany and Schenectady, (9) An Act to collect the arrears of taxes, (10) An Act to retrench the growing interest of bills of credit, (11) An Act to enable the precincts of Islip in the County of Suffolk to elect two Assessors, a Collector and Supervisor. If your Lordships think the fees, as they are now regulated, reduced too low, I wish some such additions as you judge proper may be made, and that then your Lordps. would be pleased to recommend the same to H.M. for her approbation, and an Instruction thereupon not to pass any Act of Assembly, if your Lordps. are of opinion the ordinance should remain, for you may be assured the Assembly will otherwise pass a Bill for regulating them as they call it the next session, as they have done this. 'Twas impossible to get the Acts last past ingrossed, but by the next packet-boat I will send them to your Lordships. Signed, Ro. Hunter. Endorsed, Recd. 15th, Read 16th Jan., 1710. 5½ pp. Enclosed,
517. i. Reasons of the Council of New York for insisting on their Amendments to the Bill for the Treasurer's paying sundry sums. By H.M. Instructions, and the practice here and in other Plantations etc., publick money is not to issue otherwise than by warrant passed by the Governor with the consent of the Council, etc. Endorsed, Recd. Jan. 15, 17 10/11. Copy. ½ p.
517. ii. Amendments of the Council referred to in preceding. Same endorsement. Copy. ½ p.
517. iii. Further reasons of the Council (v. No. i. supra). Same endorsement. Copy. 1½ pp.
517. iv. Reasons of the Assembly for not agreeing to amendments of Council, referred to in No. i. supra. Same endorsement. Copy. ¾ p.
517. v. Copy of an Act of New York for the Treasurer's paying sundry sums of money, etc. Same endorsement. 2 pp. [C.O. 5, 1050. Nos. 8, 8 i.–v.; and (without enclosures) 5, 1091. No. 32; and 5, 1122. pp. 238–250.]
Nov. 28. 518. Sir Charles Hedges to Mr. Popple. After a long search in the Registry of the Admiralty, I have found enclosed, being all I can find relating to James Briggs. Signed, C. Hedges. Endorsed, Recd. 28th Nov., Read Dec. 1, 1710. 1 p. Enclosed,
518. i. Deposition of B. Joyce master of the John and Jane, and W. White master of the Unity, Aug. 9, 1700. Their ships were taken April 30 by a pirate ship, the Samuel's Adventure commanded by Lodowick Ferdinando. On board was James Briggs, who had been taken out of the Resolution by force and was detained on board against his will. The pirate delivered them back their ships on May 6, with Briggs and the following certificate. Signed, Benj. Joyce, Wm. White. Copy. 2 pp.
518. ii. Certificate that James Briggs was forcibly detained by me and released as an unwilling servant. Signed, Lodowick Ferdinando. Copy. 1 p. [C.O. 37, 9. Nos. 12, 12 i., ii.; and (without enclosures) 38, 6. p. 506.]
Nov. 30.
519. Mr. Popple to Col. Lillington. Acknowledges letters of Sept. 2 and 14. The Council of Trade have nothing at present to add to their letter of Oct. 26, etc. [C.O. 29, 12. p. 321.]
Nov. [ ]
St. Christophers.
520. Speaker of the Assembly of St. Kitts to the Council of Trade and Plantations. I am directed by the Assembly with greatest humility to lay before your Lordships a Bill for raising a publick Revenue for repairing H.M. fortifications and the support of the Government, for which are now strugling with the Lt. Governor and Council, that it may pass them, in order to be presented to the Chief Governor for his concurrance; it having unanimously passed the Assembly was carried to the Lt. Governor and Council Oct. 23, returned that day with their amendments, and the Assembly by them adjourned to Nov. 9, when the Bill was again carried to them, new writ over agreable to such of their amendments as were allowed, and reasons of dissent from the others, etc. The Bill instede of three, we desired might be in force for 20 years, for answer are adjourned for a fortnight, and told by Gent. of the Council it shal never pass there. H.M. Forts are in the greatest disorder, not a carriage to any of the guns that will hold twice firing, neither flower, beef nor salt in store, not a shilling coming in any manner of way, and what is worse no ammunition, know not how soon may be attackt by the enemy, and when the Assembly desire to know how the stores sent by H.M. have bin expended are answer'd by the Lieut. Governor and Council, 'tis none of their business. Your Lordships will find in the Bill sent, a duty laid upon sugars exported to the other Islands, which doubt not but will meet with opposition when it shal be known to be before your Lordships, Nevis having ever flourished by being the Port from whence the greatest part of the sugars of the produce of this Island has bin sent for England, we could not be sensible till about two years ago, that was one great cause of our poverty, the Assembly then passed a Bill laying a duty upon sugars exported to that Island, and presented it to the Chief Governor and Council, were told by H.E. that he was obliged to lay it before your Lordships, but have heard nothing of it since. If your Lordships will please to take into consideration the great disadvantages we lye under in being a devided Island, by which means H.M. part was entirely ruined in 1666 and 1689, and almost reduced to the same condition in 1705–6 by the French, and nothing can I think prevent the Islands being deserted, should H.M. restore the French part upon a Peace, but your Lordships allowing the Bill to pass, by which means we shal have ships directly from Britain, Ireland and the Northern Colonies to bring provisions and necessaries for our settlements which are now forced to buy at second hand and at extravagant rates. During the little time the French were possessed of their part of the Island, which was three years and a half by the advantage of being a free port, they became so strong, that had it not bin we had advice of the war before them, and that Colonel Codrington came presently to our assistance with what forces could be spared from the other Islands, in all probability they would then have sent us beggers to some other Colony. From the first settlement of Assemblys in these Islands, they have had the appointing, swearing and displaceing their servants at pleasure, and all messages from the Assembly to the Governor and Council have bin carried by two of their members, and those from the Governor and Council by one of the Council (who 'tis possible may have no other advantage over some Gent. of the Assembly than what H.M. putting them in that station gives them) both which have bin struck at lately by the General, in the General Assembly held here, by which no bussiness was then done. The Assemblys canot be more encouraged than by continuing those priviledges to them, and in allowing them to lay before your Lordships such Bills as they shal prepare for the advantage of the Island, which may be rejected by Governor and Council. Signed, Ro. Cunynghame. Endorsed, Recd. 10th, Read 26th, Feb., 17 10/11. 3 pp. Enclosed,
520. i. Copy of Bill of St. Kitts for raising a revenue etc. referred to in preceding. Same endorsement. 5¼ pp.
520. ii. Messages from the Lt. Governor and Council to the Assembly of St. Kitts, with replies, upon the Revenue Bill. The Council return the Bill, Oct. 23, 1710, and, stating that it contains some clauses and expressions too doubtfull to pass into a law, and others in plain diminution of H.M. Prerogative and their own honors and priviledges, propose a Joint Committee of the two Houses to amend it. etc. The Assembly refuse, but offer to consider any amendments. To the amendments offered by the Council, Oct. 30, they reply, maintaining (1) that the whole power of giving is vested in them, (2) To the Council's criticism upon the proposed export duty upon sugar that it appears too envious and unneighbourly to absolutely forbid a trade with Islands under the same Government; St. Kitts itself may suffer most thereby, and it is matter for a distinct bill; the Assembly reply that they are not upon discouraging trade but raising a revenue to repair H.M. fortifications etc., and that they are the only judges how the same shal be done. It is a matter propper in this Bill. They cannot allow of the Council razing out the words "or either of them" in the condition of the bond the Treasurer is to enter into, the intention of the Assembly being that should the Treasurer be supported to the prejudice of the publick by either House, the other might have power to call him to account, etc.. etc. Conclude: "For Money bills "tis our right only to prepare them, and which we will not go from, nor allow any other amendments to this Bill, now sent for your concurrance … If you reject it, we shal find wayes to have it laid before H.M., who will then know, who is for supporting her Island, and who not." Signed, Ro. Cunynghame, Speaker. Old Road, Nov. 9, 1710. Same endorsement. 4 pp. [C.O. 152, 9. Nos. 37, 37 i., ii.; and (without enclosures) 153, 11. pp. 104–108.]