America and West Indies: May 1711, 7-8

Pages 489-521

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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May 1711, 7-8

May 7.
N. York.
833. Governor Hunter to Lord Dartmouth. Acknowledges letters of Sept. 8 and Oct. 28th etc. I have also recd. your Lordp's. by Mr. Dungan, who shall want no instance in my power toward the putting of his and the Lord Limerick's affaires upon a better foot; they are in great disorder at present. Refers to enclosure. In a word, the affaires of N. York are past all remedy on this side. These in the Jerseys admitt of ane easy one. It is but the removeing a few of the Council who's conduct has deserv'd it, and H.M. may depend upon a quiet government there, etc. Refers to Palatines and unpaid bills as in preceding letter, and encloses addresses from the Assembly of New Jersey. Signed, Ro. Hunter. 3 pp. Enclosed,
833. i. Copy of No. 832. [C.O. 5, 1091. Nos. 69; and (duplicate) 72; and 73.]
May 7.
New York.
834. Governor Hunter to the Council of Trade and Plantations. After having finished my letter, last night arrived our third packett boat, which brought me ye honour of your Lordpps. of Jan. 29. I know not by what mistake that paper which relates to my Conference with ye Five Indian Nations was left out, etc., but you will receive it with this. As to what relates to ye ordinance for establishing fees, it is impossible I can give yr. Lordpps. that satisfaction I wou'd by this packett, it being to sail in a few hourse, only I think it is necessary to acquaint yr. Lordpps. that the table of fees in 1693 was never established by an ordinance, only a scheme sent from ye Assembly to ye Governor and Councill and never by them approved, altho' printed, soe that the Committee of Councill appointed to forme this ordinance, took little or noe notice of that scheme, it being very defective. All that I find concerneing it, is an order of the House of Representatives of Sept. 20, 1693 and an Order in Councill of the same day (quoted). I shall be able to give your Lordpps. by ye other packett (which goes in a fortnight) a more perfect account of that matter, etc. As to what your Lordpps. write concerneing ye Act for allowance to Representatives, I am sorry to find that it was confirmed, which I did not know before, and now can propose noe remedy. I waite with great impatience for H.M. resolutions in relation to this Government, for after what yr. Lordpps. have heard you will easily be convinc't there is nothing to be expected from an Assembly, etc. Signed, Ro. Hunter. Endorsed, Recd. Read June 15, 1711. 2pp. Enclosed,
834. i. An Account of Governor Hunter's Conference with the Indians at Albany, Aug. 7, 1710. Present: Col. Pr. Schuyler, Col. K. van Renselaer, Capt. Myndt. Schuyler, Robt. Livingston, Secry. for ye Indian affairs. Interpreted by Capt. Johs. Bleeker. Some of ye Sachims of ye Five Nations and River Indians, particularly those lately come from Great Brittain, waited upon H.E. as soon as he came ashore, and told H.E. that they heartily congratulated his safe arrivall, etc., bidding him heartily wellcome, and that all ye Sachims were not yet come, yet they could not be wanting in their duty to waite upon H.E. etc., and presented him with a blak otter. They humbly request in regard many Indians are suddenly expected, that he would be pleased to prohibit the selling or giveing of any rum, strong drink, wine or beer upon very severe penaltyes, because many mischieffs doth ensue upon the selling of strong drink to the Indians. H.E. told them he was glad to see them, and they might be assur'd of H.M. countenance and protection and would give ye necessary directions for ye prohibiting ye selling of strong drink, and that he would do anything that might tend for their future wellfare and incouragement. The Sachims thanked H.E. for his condeschension, and are emboldned to ask that the old Sachims, when they come to Schinnectady may have waggons to bring them to Albany, wch. H.E. was pleased to grant, etc. The Indians pray'd that dureing their stay provisions might be orderd more largely, for the allowance they had had hitherto before H.E.'s arrivall was very scrimp. H.E. told them, he would give directions that they should be taken care of and victualled as well as ever they had been formerly.
Schinnectady, Aug. 9, 1710. Present: Col. Pr. Schuyler, Col. Killian van Renselaer, Evert Banker, Myndt. Schuyler, Dr. van Brugh, Col. Jn. Schuyler, Robt. Livingston, Secy. The Interpreter, Lawrence Clace being come from ye Sinnekes country and ye rest of ye Five Nations westward, doth relate to H.E. what hath occurr'd to him among sd. Indians in ye 3 months that he has been from Albany. That being sent to ye Five Nations to watch ye motions of ye French, and to perswade those Indians to give a free passage to ye farr Indians thorough their country to come here to Albany to trade, he was at Onnondage July 17th last, when Mons. de Longuillée and Monsr. Jeunker ye Interpreter and 10 other French wth. two Indians came thither from Canada, and made ye following propositions to ye Sachims of Onnondage, 4 Sachims of Oneyde, and ye said Interpreter Lawrence being present: —Children of the Five Nations, Some of our Indians lately come from your country to Montroyall inform'd us yt. ye English were design'd to renew the expedition agst. Canada, and come to distroy Quebeck, Mont Royall Troy River and all Canada, we are therefore sent by Onnondio, our Governor, to forbid you of the Five Nations to joyn with them upon any account whatsoever, and if you do, we will not only come ourselfes but sett the farr Nations upon you to distroy you your wifes and children root and branch, as for ye English we regard them not in ye least, we have had warr with them long enough and always prevail'd, therefore we warn you not to engage in their quarrell, if you have any compassion to your children's children, then you must not assist ye English upon any account, if you do, we tell you plainly we must distroy you, being now ready and fitted for that purpose, therefore be quiet and sett still, for ye English must not think to skare us by a faint or pretended expedition by comeing to ye Wood Creek to eat bisketts there soaked in stinking water, sure ye biskett would eat as well at Albany as there, the English have gott nothing by it but lost ground.
The Sachims seem'd to be divided in their opinions, and those Sachims of ye French faction prevailing made their answer to ye French agents without calling Laurence Claes the Interpreter to be present, neither did he hear what answer they made, only the Sachims told him they would comunicat their answer to the Governor of New York when they come to Albany. The Sachims told the Interpreter plainly, that except the selling of strong drink be wholly and solly forbid its impossible they can live in peace in their castles, they will be necessitate to seperate themselves and break up and be no more a nation, and all the 5 Nations are of ye same opinion, and some of the 5 Nations are resolved to go to New York to request the Assembly to make a strickt law against it. The said Sachims of Onnondage told him farther, that they hoped the English would build a fort and garrison it well in their Castle, or where they thought fitt in their country, wh. would prevent all the French intragues, and desir'd they might have a smith to mend their arms at Onnondage and another at Oneyde.
Propositions made by ye River Indians and Skachkook Indians to Governor Hunter, Albany, Aug. 11, 1710:—(1) Father Corlaer and Quieder, we are glad to see you here, ye heavens were troubled before your arrivall, and ever since they have been claer and serene, we hope it will be ever so, etc., did give a beaver skin. Father, I speak for our whole Nation, we have always been faithfull and obedient to this Government, and desire yt. ye Covenant Chain may henceforth be kept brighter and clearer than ever, gave a belt of wampum. (3) We take ye freedom to acquaint our father, that we we are affraid that ye enemy may annoy us, being bare and uncovered in ye place of our habitation at Skachkook, do therefore pray that you would graunt us your fatherly protection, and build a stockado fort there, gave a bever skin and 4 martins.
Propositions made by ye Sachims of the Five Nations to Governor Hunter, in ye City Hall of Albany, Aug. 13, 1710:—Brother Corlaer, we were sent for by ye Commisrs. of ye Indian Affairs to be here to attend your Excellency in 45 days, and are accordingly come and are very glad to see your Excellency, etc., We had not ye happiness to see our Brother wh. the Great Queen sent last year, meaning the late Lord Lovelace, he was snatched away before he could have time to send for us, etc. We wish you all imaginable joy and happyness in your Government. H.E. thanked them, and assured them of H.M. protection, so long as they shall continue faithfull and steddy to her Government and keep true to their Covenants.
Propositions made by the Sachims of the Five Nations to Governor Hunter, Albany, Aug. 14, 1710. Brother Corlaer, wee are glad yt. God has spared you from ye dangers of the sea, etc., and yt. we see one another's face in peace, we are necessitat to make known to your Excellency our poor and mean condition, occasion'd by our people's being kept all last year and last winter from hunting to be ready on all occasions to assist our brethren as well in ye intended expedition against Canada as to oppose ye French, if they should have offer'd to make any attempt upon this Government, and so have caught no bever or peltry to supply our necessitys, do therefore pray your Excellency to order that our hatchets, kitles and gunns may be mended upon ye publick charge, especially since this our poverty has been occasion'd meerly by our obedience to this H.M. Government, this supplication is made with a sorrowfull heart and with tears in our eyes by all ye 5 Nations, did give 5 bever skins. H.E. thank'd them for their complement and commends them for their obedience and fidelity to ye Government, and expects that they will continue so, and then they need not fear of H.M. assistance and protection, and is willing to cause their hatchetts, kitles and fuzees to be mended, and doth therefore order that they bring such hatchets, kitles and guns as want mending to-morrow morning to the house of Robert Livingston, that ye trades men may be sent for to do ye work out of hand, and it will be requisit that one of each Nation attend there to see an exact account taken of them, that every body may have their own things back again.
Propositions made by Governor Hunter to the Sachims of the Five Nations, Albany, Aug. 16, 1710. I am glad to see so many of your Sachims come, with whom I shall be glad to treat off affairs for yr. wellfare and to renew the Covenant Chaine. Brethren, I was willing to take ye first uppertunity possible to meet you to renew ye Covenant Chain on behalf of all H.M. subjects on ye north Content. of America, which I do now in a most solemn manner, and doe assure of H.M. protection and assistance so long as you keep the same inviolable, and as a toaken of H.M. kindness to you for your former services to this Government, has sent by me a present to be given to you wh. you will now receive. I am inform'd that ye French of Canada have made it their continuall practice by their deluding Jesuits and other missionaries to draw you off from your fidelity to H.M. and to raise divisions among you, but I suppose ye long experience you have had in their malltreating, and ye many ill actions they have been guilty off, will be sufficient inducements to keep you firm to those that have always been your frinds, and to secure you from hearkning to any of their false insinuations, they have had some messengers lately in your country, I would fain know what propositions have been made to you, and what answer ye French receiv'd to their message, and why ye messenger of this Government who was then at Onnondage was not made acquainted with your answer to them. I desire also to be inform'd what you know of the French transactions with their Indians, and what expedient you can propose to bring them off. I am glad you are now sinceible that it is for your advantage and security that ye Farr Nations have a free passage throu your country to come and trade here, you could not see throu it at first, but ye only way to strenthen you and us, and weaken ye enemy is to have as many brought into ye Covenant Chain as possible, and therefore I must exhort you to persist in that resolution, and give ye farr Indians all suitable incouragement imaginable, as you see the Great Queen to strenthen this Government has been pleased to send a great number of people with me to setle here. Those of your Nation who have been lately in England, have made it their application to ye Great Queen to send missionaries amongst them to instruct them in ye religion and worship of ye son of god, the Savior of ye world, I desire to know whether you approve of it, and if you will be satisfyed to have a garrison planted in one or more of your castles, and a chapel or chapels built there, and ye place fortify'd for your defence and protection. That to convince ye great Queen and her Govt. under her of ye sincerity of your intentions in your allegiance and fidelity, you will for the future receive no french priests or emmisaries amongst you, else we must not look upon you sincere in yr. promise of keeping ye Covenant Chain bright. I am concern'd to hear ye complaints of severall of the inhabitants that live above Schinnectady, who suffer'd much by your young men's killing their creatures last year, and plundring their houses, this is not acting like brethren and frinds. I hope you will take care that no such abuses be committed for ye future. I understand that divers of your people design to go out a—fighting against the flattheads, who have not injured you, and are a peaceable people. It is better for you to hunt neer home, since you know not what designs the French may have against you. By the last Fleet that came from great Brittain to Boston H.M. sent some troops to act offensively against ye common enemy, and some more ships are speedily expected, by wh. we may have some news, therefore it wil not be adviceable for ye brethren to go farr from home, not knowing what occasion there may be to joyn our forces together. Your brethren who have been in England and have seen the great Queen and her Court have no doubt inform'd you how vain and groundless the French boasting has been all a long, how our great Queen's armeys have year after year routed all his forces, taken his townes, and is at this time near his principall town and seat of Government, H.M. has sent them as a pledge of her protection, and as a memoriall to them of their fidelity a medall for each Nation with her royall effigie on one side, and ye last gain'd batle on ye other, wh. as such she desires may be kept in your respective Castles for ever, she has also sent her picture on silver twenty to each Nation to be given to ye chiefe warriors, to be worn about their necks as a token, that they shall always be in a readynesse to fight under her banner against the common enemy. The Sachims of ye Five Nations were told that H.E. had order'd them a live bullok for each Nation besides bread and other provisions, wh. they might dispose of as they thought fitt. The presents that were given to ye Five Nations were, 100 fuzees, 1000lb powder, 2500 flints, 5 pr. strouds, 2½ pr. blankets, 2 pr. duffels, 20 doz. knifes, 50 looking glases, 75 shirts, 25 kitles, 70 hatchatts, 25 lb. paint, 500 barrs of lead, 5 gros of tobaco pipes, 150 lb. tobacco.
Propositions made by Governor Hunter to ye River Indians and Skaahkook Indians in Albany, Aug. 17, 1710. Children, I thank you for your kind congratulatory proposition. It shall not be wanting in me to give you all incouragement imaginable, and I am directed by ye Great Queen to assure you of her assistance and protection, so long as you shall behave yourselvs obedient and faithfull subjects, and be ready at all times to fight under her banner against ye common enemy, and as a token of H.M. kindness to you for yr. past services to this goverment and future encouragement, she has sent a present with me wh. you will now receive. I came up to Albany as soon as I could conveniently to renew the Covenant Chain, wh. I do now with you, my children, in ye behalf of all H.M. subjects on ye North Continent of America, in the most solemn manner, not doubting the continuation of your fidelity and obedience, wh. will ever be attended with a suitable reward from me, and to remove your fear of ye enemy's annoying you, by being bare and uncover'd in ye place of your habitation at Skaahkook, I will cause to build you a stockado fort for yr. security, and must exhort you to keep together, and not to suffer your people to stragle, but use all endeavors to encrease your number by perswading those that have left you to return to their ancient habitations. You see the care H.M. has of this Province by sending so many people with me to setle here, and ye more numerous her subjects are, ye lesse you need to fear ye incorsions of ye enemy, however be watchfull, and let not ye french or their emissaries lull you asleep, but be upon your guard, for ye security of yr. wifes and children, and not to go too farr a hunting, but be neer upon occasion, there being already severall troops come from great Brittain to Boston by ye last fleet, and more ships being expected, we know not how soon there may be occasion of joyning our forces together. I hear you have for ye present no more Sachims at Shaahkook but one, the others being dead. I must recommand to you to nominat two other fitt persons for that station, and I will confirm and ratify your choise provided they be fitt and qualifyed for that office. The present given to the River Indians was:—15 fuzees, 1 pr. strouds, 6 blankets, ½ pr. duffels, 3 doz. knifes, 8 kitles, 1 barl. pouder, 100 bars of lead, 100 flints, 20 hatchats, 2½ lb. of paint, 30 lb. tobacco, 1 gros of pipes.
Answer of ye Sachims of ye Five Nations to Governor Hunter in Albany, Aug. 19, 1710. Brother Corlaer, wee are very glad that ye great Queen has been pleas'd to appoint a person whose charecter is not only to be a good man and a good souldier to be Governor over ye Christians and Indians in this country, and doubt not but shall live all happy under your administration, etc. Some of our Brethren have been lately in England, and altho' they were natives of ye Mohogs' Nation, yet we are as well satisfy'd as if there had been one from each of ye 5 Nations, being all united; they have seen ye Great Queen and her Court, and been very well treated, for wh. we are very thankfull. You thought it requisit as soon as possible to call us the 5 Nations together to renew ye Covenant Chain, wh. was very gratefull news to us all, being glad of ye uppertunity, wh. ancient Covenant Chain we renew most solemnly with all H.M. subjects on ye north Continent of America, assureing you it shall be kept inviolable by all our 5 nations as long as the sun and moon endures. As to the supplication made to ye great Queen by those of our nation that have been lately in England concerning missionaries to be sent amongst us to instruct us in ye Christian religion, we approve of it very well and are very thankfull for ye offer, and not only be glad to see a garrison of souldiers planted in each of our Castles, wh. lye very much exposed to ye insults of ye enemy (by whom they are surrounded on all sides) but should be glad to have some of ye people go along with us now to begin to work, wh. would be a great security for our wifes and children, and should rejoyce also to have missonaries there to instruct us in ye religion and worship of Jesus ye son of god and Savior of ye world, but we know yt. cannot be had so suddenly, since they must come from Great Brittain, but as soon as they can be gott, we hope you will make chapels for them in each of our Castles where we will receive and treat them as well as we are able, and we think it would be highly requisit to have a Christian Sachim in each of our Castles to take notice what is transacted there and defeat ye French intreagues. Wee hope we have given H.M. and her Governors sufficient testimonyes of ye sincerity of our intentions, and of our allegiance and fidelity, and shall be willing to demonstrate it further in ye not receiveing or harbouring any of those dangerous people ye Jesuits in our castles, and shall discharge all our people from receiving them, but ye most effectuall way to be rid ym. is by planting garrisons in our castles, by building of chapels and supplying them with missionaries, and therefore ye sooner that be put in execution the better, especially the fortifying of our castles. You are pleasd to forwarn us not to fight against ye flatt heads, but to hunt neer at home and secure our wifes and children, and to be ready on all occasions to go agt. ye common enemy, in regard H.M. has sent severall troops by ye last fleet to Boston to act offensively agst. ye french, and more ships expected by wh. we may have some news, we promise to obey your commands, and to be near at home, not knowing how soon there may be orders from ye great Queen to joyn our forces together. You are desireous to be inform'd how ye French Indians are dispos'd, and what expedient we can propose to bring them off, the brethren have often tryd that, we have tryd it likewise, but found all means hitherto unfectuall, nevertheless we must not dispare, but try again and we hope you will do ye same, if peradventure we may prevail with them at last to come and live in the land of their nativity. You are pleas'd to commend us for opening a path for ye Dawaganhas and other farr Indians, to come through our country as far as Albany, where Corlaer and Quieder dwells to trade, wh. we will be always willing to incourage, but ye Brethren here can do more then we to promote yt. trade, and that is by giving good pennyworths, yea cheaper then we ourselvs, and yt. will be an infallible way to draw them, for we are used to buy dear, ye traders always alledging that bever is a drugg. The great Queen of England has been pleasd as a pledge of her protection to send each of our Nations a medall, wh. we have received with all ye satisfaction imaginable, and will keep ym. ever in our Castles, and bring ye same down when any publick and solemn conferences are to be held to show ye same, we are also very thankfull for ye 20 peeces of silver, wh. our chief Capts. shall wear about their necks, and shall always be ready to fight under her banner agst. ye common enemy. We are sorry to hear such complaints of our young people doing mischief to ye people's catle that live above Schinnechtady, we shall endeavor to prevent all such irregularityes for ye future as much as possible. We have done with answering your proposition, except that part wh. relates to ye french agents yt. have been lately in our country, which we will impart to your Excellency anon in ye house, and so shall conclude by praying your Excellency to interceed with H.M. that goods may be cheaper, and bever dearer for ye traders give so litle that it is not worth ye while to go a hunting for them, and gave a few bever and drest deer skins. They gave four beavers skins to condole ye death of Mr. Lydius, late minister of Albany, who dyed last winter. A Sinneke Sachim stood up and said, There was an intended expedition last year against Canada, in which Lt. Gerrit Luykasse happen'd to be kild in ye Lake, whose death they condole by giving a scalp and 4 bear skins. When ye Sachims were come into ye house Kaquendero ye Speaker proceeded makeing a long harrangue after ye Indian manner when any repetition is made, and said that Monsr. Longuille and Jeunkeur and some French which then had been in Onnondage lately, and proposed that they had been inform'd by 2 Indians that were come from Albany yt. ye expedition agst. Canada would be reviv'd, and that ye governr. of New York had given ye hatchet into ye hands of ye Five Nations, the sd. messengers said they could not beleive it, but ye Governor of Canada could do no less then send them to enquire about ye truth of this matter, and tho' we find that it is nothing but a story, yet we must tell you that if such a thing should happen, you reject any such proposall, for that would be ye ruin of your children's children. Lett the French and English that have had warr so long together, let them fight. Butt ye Indians must sitt still and be quiet, and if you take up ye hatchett agst. us, ye Govr. of Canada doth acquaint you by us, that he is ready to come and rout ye 5 Nations, and will come like a whirlwind among them, and distroy them and all their accomplices, root and branch, may he will leave off pursueing any other enemy, and wholly send his force against ye 5 Nations, therefore we exhort you to sett still, and not medle with ye war in ye least. He the said Sachim gave ye French messengers no other answer but this, that they exhorted him to sitt still and be quiet, as he exhorted them, neither would they give any answer to that article relating the hatchet, and so dismissed them.
At a Conference of the Commissioners of the Indian affairs, and ye Sachims of ye 5 Nations in Albany, ye 19th Aug., 1710. The Governour has desired us to acquaint you that he has received an account yesterday from New England that ye french Indians continue to comitt great barbarityes upon ye poor innocent people, your Brethren in N. England, who are in ye Covenant Chain, we are therefore desirous to know what expedient you can propose to prevent such cruelties. The Indians answer, Brother Corlaer and Quieder, We were told after ye propositions were over to-day that ye Sachims of each Nation should meet ye Gentn. this evening to consult about this importune affair, upon which we answer that ye Governour of Canada doth not only committ ye same upon our people year after year, but setts ye farr Nations upon us, who distroy many of our people, we have apply'd to him with belts of wampum frequently, but could never have any redress, and about 3 or 4 years ago we sent severall Sachims to Canada to procure a cessation with the farr Indians, and he told us that it was not in his power to grant, but he would write to ye French King his Master and give us an answer when ye strawberries were ripe next spring, but the strawberries have been ripe over and over, and we could never gett an answer to this day, therefore we must desire to be excused in this matter, and referr ye whole bussiness to Corlaer, meaning H.E. the Governor, to do therein what he shall think convenient, as for our parts we can do no more but we have done, and shall be glad to hear what conclusion ye Brethren do take in this affair before we return to our Castles. The Gentn. told ye Sachims they would acquaint H.E. with what they said, and they should have an answer before their departure.
Propositions made by the Sachims of Oneyde to H.E. in Albany, Aug. 20, 1710. Brother Corlaer and Quieder, Wee are come to your Excellency to request that we may have a smith in our country, being resolved to build a castle to perserve our wifes and children from ye insults of ye enemy, being scituate in a dangerous place, where we are surrounded by the enemy on all hands, and when we are a building ye Castle with stockados, if our hatchets break, it will be hard to gett them mended, we therefore desire yt. yr. Excellency may lay it before ye Assembly and that we may have an answer when the Assembly breakes up, we proposes to pay ye smith for his labour as much as is pd. by ye Christians here to their smiths, for what ever he does, we hope yr. Excellency will take our case into consideration, since we have allwayes showen ourselfs obedient to ye commands of the Govrs. of this Province, and shall allways be ready to obey what orders your Excellency shall be pleas'd to injoyn, did give 18 drest deer skins and one bear skin.
H.E. told them that he had a perticular regard to ye Nation of Oneyde, whom he was inform'd by everybody had alwayes been ready and willing to obey what was commanded them by this Province, that all endeavours should be used to comply with their request, etc.
Propositions made by ye Maquase to H.E. in Albany, Aug. 20, 1710. Brother Corlaer, There is something forgott in ye publick propositions yesterday, wch. is this, when we were in England we proposed to ye great Queen to have a Minister for us Maquase in our Castle, and ye Queen was so gracious to propose yt. we might have two, whereupon we were very thankfull and told H.M. if she was pleas'd to graunt two, there was one Mr. Freeman who had been Minister of Schinnechtady was well vers'd in their language, and a proper person to instruct them in the Christian religion, and ye Queen was pleas'd to approve of it, we doe therefore pray that we may have him in ye first place till ye other come from England, and that he may live in our Castle, and not at Schinnectady or Albany. H.E. answered that he is very willing, if Mr. Freeman can be prevail'd withall, that he should go and instruct them in ye Christian religion in their own Castle in ye Maquase country, and will promote his being confirm'd at home in that station, so that nothing shall be wanting in him to incourage so good a work, that H.E. had not received the necessary orders relateing to missionaries as yet from England, wch. he expected dayly, and as soon as he receives ye same will acquaint them therewith.
Albany, Aug. 20, 1710, the two Sachims of Shaachkook waited upon H.E. and said, that they thanked H.E. for his care of their wellfare, that they had 3 old men that were Sachims call'd Walighlawit and Nawekatekum, but yt. they wanted two Capts. to be added to aspenot, wh. they propose may be Quinepau in ye room of Wannesckakis that is dead, and Patekoquasck in ye room of his brother Minichque, wh. two Capts. H.E. approved off, etc. The Sachims did thank H.E. for his care in appointing a stockado fort to be made at Skaahkook, which they hope will be a means to draw back their Indians to come and setle among them, they gave a string of wampum. Signed, Robt. Livingston, Sec. for ye Indian affares. Endorsed, Recd. June 15, 1711. 16½ pp. [C.O. 5, 1050. Nos. 20, 20 i; and (without enclosure) 5, 1122. pp. 385–388.]
May 7.
New York.
835. Governor Hunter to Mr. Secretary St. Johns (sic). Having acquainted my Lord Dartmouth with the unhappy state of H.M. Governmt. here, I will only beg your concurrence towards a remedy. If I am a sufferer, I have that to comfort me that I suffer in and for the service of the best of Princes etc. I gave you the trouble of a line by John Kiel. I recommended him to you for an imployment which is indeed an handsom one, but of fatigue and labour, that was the Secretary's office of the Jerseys. I understood afterwards from himself that he had a mind to ask for another, that of Surveyor Genll. of this Province. Had I known when he went over what I now know, I would have made it my earnest request to put him into that office, for Mr. Birchfield the gentleman who was put into that office when I had the honour of the Government, has taken it into his head which I'm afraid is not very sound, to make every body and every thing uneasy here, etc., etc. Signed, Ro. Hunter. 1½ pp. Enclosed,
835. i. [? Address of Assembly of New Jersey to Governor Hunter] laying following charge against Judge Pinhorne. Endorsed, Recd. 15th, Read 26th June, 1711. ¾ p.
835. ii. Affidavit of Thomas Farmer, confirming following charge against Judge Pinhorne. Signed, Tho. Farmer. Feb. 10, 1710. ¾ p.
835. iii. The case of Thomas Gordon. (cf. C.S.P. 1707. 963 ii.) In 1703 Thomas Gordon was by the Proprietors of ye Eastern Division of New Jersey commissionated their Register. On Aug. 25, 1705, my Lord Cornbury and his Council made an order that he should deliver all ye publick records in his hands to Jeremiah Bass, Secretary of the Province, with wch. order Mr. Bass served him at Shrewsberie. Mr. Gordon answered ye records were at Amboy, so could give no positive answer till he came there, on which Mr. Gordon was by Capt. Andrew Bown, then one of H.M. Councill, committed to ye Sherriff's custody, where he remained till he gave £2000 baile to answer the Governor and Councill at Amboy Oct. 4 following, the Assembly being then to meet there, at wch. time Mr. Gordon was very much threatned and abused by my Lord Cornbury for refuseing to deliver said Records, to wch. he answered he could not deliver them till ye Proprietors had notice, and after ye Proprietors had been severall times heard before ye Govr. and Councill, they were at last delivered by order of ye Councill to Mr. Bass. Att the Supreame Court at Burlington in May 1707, Mr. Gordon was suspended from practising as an Attorney at Law without any cause assigned. In Feb. 1706 Mr. Gordon being informed that warrants were issued out for apprehending of him, he writt to Mr. Shipheard who was then a J.P., that if he would admitt him to baile he would give baile for what summe he pleased to answere everything that should be objected against him, to wch. Mr. Shiphearde sent to answere till Feb. 1707, and then he sent him notice that he had procured liberty to admitt him to baile, and accordingly he have baile immedately, and at May Court 1708 at Burlington he appeared and was discharged by proclamation, nothing appearing against him, and within 3 days after ye Court, the Assembly satt at Burlington and Mr. Gordon was chosen Speaker, and within 3 days after that ye Assembly was adjourned and about halfe an houre after ye adjournment Mr. Gordon was againe committed by my Lord's own warrant upon ye same pretence for wch. he had been discharged, and was kept by ye Sheriff 15 houres in custody, and when he applied by his friends Thomas Farmer Esq. to Judge Pinhorne for a Habeas Corpus, he was denyed till he should apply by his Councill at Law, on wch. Mr. Gordon was forced to imploy Capt. Pinhorne ye Judge's son (there being no other Attournies then in towne) to procure him his Habeas Corpus, for which he paid 30s., notwithstanding he drawed ye writt himselfe, and was admitted to baile, and appeared at ye next Supreame Court at Amboy in Nov. 1708, where he was againe discharged by Proclamation, nothing appearing against him. Continued still suspended to ye great loss and ruin of himselfe and numerous family (having a wife and 7 small children and no other way to maintain them) untill ye happy arrivall of My Lord Lovelace in Dec. 1708, who admitted him againe to practise ye Law as formerly. Signed, Thomas Gordon. 1¼ pp.
835. iv. Address of the General Assembly of New Jersey to Governor Hunter, charging William Hall, one of H.M. Councill and Judge of the Inferior Court of Common Pleas for the County of Salem with high crimes and misdemeanours, and praying for his removal. Copy. 1 p.
835. v. Charges against William Hall, referred to in preceding. (a) He has extorted unwarrantable fees at several times. (b) One Thomas Barlett, brought before Hall for theft, was discharged by Hall when, induced by the threats of him and others, he had bound himself by indenture to serve Simon Morgan for 3 years. (c) One Francis Godbolt and Ann, his wife, were brought before Hall and William Dare, and Godbolt threatened with a charge of burglary, and through feare thereof consented to bind himselfe by indenture (but not his wife), with which sd. Justices not being satisfyed, Godbolt and his wife were, upon confession of their theft, committed to gaol, until they were admitted to baile by Mr. Hall, and ye prosecutor Morgan (Dare's son in law) became their surety, who some time after delivered them up to Hall, for that he would be no longer bound for them, who thereupon discharged them without any further prosecution. Sometime afterward Godbolt was by Hall sold aboard of a New England sloop and transported out of ye Province, the woman at ye same time continouing servant to Hall. (d) One John Reeve having lost 4 barrels of flower, Hall took them up adrift in Delaware River, near Glocester, and sold ye same in Moris River, and denied knowing of it, but at last ye man comeing to ye knowledge of his flower, Hall paid him for it. 1¼ pp.
835. vi. William Hall to Governor Hunter. Reply to preceding. (a) I may have made a mistake of 5s., but restored it as soon as I was made sensible of my error. (b) The 2nd. article appears a confused dream, and is wholly false. The truth is Bartlett was indebted to Morgan for money lent him to release him out of gaol, and this was the ground of his becoming bound to Morgan, etc. (c) So with Godbolt, who still continues bound over upon his own recognizance. I accepted their service in payment of a debt of £6. (d) The flour was taken up by the master of my sloop. I was fast asleep in the cabin when Reevs called, etc. Signed, Wm. Hall. 5 pp.
835. vii. Copy of Mittimus, for the commitment of Francis and Ann Godbolt, Feb. 10, 170 9/10. Signed, Wm. Hall, Wm. Dare, Justices. ¾ p.
835. viii. Copy of recognizance entered into on behalf of Francis Godbolt by Godbolt and Simon Morgan Feb. 20, 170 9/10, and terminated by Morgan March 13. ¾ p.
835. ix. Copy of recognizances entered into by Francis and Anne Godbolt and Simon Morgan on behalf of Anne Godbolt. Feb. 20, 170 9/10. ¾ p.
835. x. Copy of deposition of Benjamin Wright concerning the case of Thomas Bartlett and Francis and Anne Godbolt. Signed, Benj. Wright, Burlington, Jan. 23, 1710. 1½ pp.
835. xi. Copy of deposition of Francis Godbolt confirming No. v. (b) (c) supra. Signed, Francis Godbolt, his mark. 1¾ pp.
835. xii. Copy of deposition of John Reeve, Jan. 9, 1710, confirming No. v. (d) supra. Signed, John Reeve, his mark. 1 p.
835. xiii. Copy of bills of costs in the case of Alex. Grant v. Wm. Gregory, and Queen v. Robert Rumse, drawn by Wm. Hall. 1½ pp. Nos. iv-xiii. endorsed, Recd. 15th, Read 26th June, 1711. 1½ pp.
835. xiv. Memorial of the House of Representatives of New Jersey to Governor Hunter, setting forth some instances how justice has been perverted in the Court of Law and divers guilty persons escaped with impunity:—Att the Supreame Court, Nov. terme 1708, Peter Sonmans, one of H.M. Councill and a Judge of ye sd. Court, and Judge of ye Inferior Court of Pleas in ye County of Midx. was indicted by Grand Jury of Midlx. for perjury and adultrie. Jeremiah Bass, Secretary, was indicted for perjury and forgery. May Bickley, gent., was indicted for barratrie. Jacob Arents was indicted for taking Mr. John Barclay on Whit-sunday as he was a coming out of ye Church from ye Holy Communion. Elizabeth Arnald, late servant to Samuell Jennens was then alsoe indicted for adultry with said Sonmans, who still continous with their bastard at his house in Perth Amboy. The next Supream Court being May terme was held at Burlington. Before August terme 1709, the Sheriff of Midlx. received from ye Attorney Generall veniries for summoning of juries and subpænas for evidences to try ye abovementioned persons upon ye sd. indictments, all wch. writts were made returnable at ye sd. Supreame Court to be held at Perth Amboy ye 1st Tuesday of August, but ye 1st. day of ye sd. terme was not till ye second Tuesday of the said month. The then Sheriffe, Mr. Adam Hudd, returned all ye sd. writts to ye Attorney Genll. at Burlington and desired they might be amended, which was done, but at that August Court it was objected that non(e) of ye sd. writs had been touched with ye seale by Mr. Bass after they had been altered, so all the tryals were put of, wch. may be presumed to be done with designe, as will appeare by what followes, that they did not like to have juries empanalled by Mr. Hudd, then Sherriffe. New veniries and subpoœligenas were sent to Mr. Hudd by ye Attorney Genll. before November terme, 1709, and ye juries and evidences were summoned and ready at ye Court to try ye sd. indictments, but then at that Court Mr. Barefoot Brumson produced a Commission for Sheriff tho' ye former Sherriff's time was not expired by allmost 3 months and no objection had been made against him in ye execution of his office. The Court would not take upon them to determine wch. of the Sherriffs ought to act and drilled ye matter along without determining wch. Sheriffe should till the last day of the terme when all ye juries were discharged by ye Court, and then ye Court did accept ye returnes of writts made by Adam Hudd, by wch. proceedings none of ye aforementioned indictments could be then tryed. Before May terme 1710, a bundle of veniries for summoning of juries and subpoœnas for evidences to try ye sd. indictments were sent open to ye Post Office at Amboy directed to Sonmans and by said Barefoot Brumson then Sheriff of Middx. a Jury was prepared who tryed ye sd. actions at Burlington, wch. jury may be reasonably presumed to be pick and packt on purpose. Capt. Bond ye storekeeper in New York Fort was brought down and made one of them, a person who has been known to be made use of as a surveyor by a pretended power from Sonmans, at whose house ye last summer ye sd. Elizabeth Arnald was brought to bed of another bastard, and who also claimes ye being a freeholder in ye sd. county of Middlx. by a title derived from Sonmans. The evidences whose names were indorsed upon all ye indictments were not subpœnad, so that all ye criminalls escaped without punishment for their faults and destestable wickedness and reasonably may be supposed by a combination of those whose duety it was to have punished them. 1½ pp.
835. xv. Petition of Elizabeth Parks, widow, to Governor Hunter. Petitioner's husband, Saml. Parks, did in Nov. 1706 agree with Sarah Leonard, widow, and Saml. Leonard, her son, for a small tract of land on ye West side of South River Bridge, on wch. he built a house in wch. petitioner kept an house of entertainment. In Aug. 1709 Peter Sonmans pretended he had a better title to ye sd. land then Mrs. Leonard and her son, did perswaid petitioner's husband much against petitioner's inclination to break his agreemt. with ye Leonards and take a lease of Sonmans for 3 years. In March 1709 he died, leaving petitioner in debt, and without any way of livelyhood but by retailing a little drink in said small house. In May, 1710, at night, Peter Sonmans together with Stephen Philips, Anne Prigmore, Henry Penry, and Jonathan Drake came to petitioner's house, and after much talk and threatnings, Sonmans took petitioner, an old poor woman and then very lame, by ye shoulders and forced her out of ye house together with Joseph Collins, who then lived with petitioner. Petitioner is informed that there is not a Justice of the Peace in ye Countys of Middlesex and Sumersett that will take upon him to put yr. petitioner in possession again as by ye law she is advis'd she ought to be, for fear of disoblidging Mr. Sonmans. Prays H.E. for relief, etc. Signed, Elizabeth Parks. 1½ pp.
835. xvi. Peter Sonmans to Governor Hunter. Reply to preceding. Petitioner's husband prayed me to grant him a lease, sadly complaining he had been trick'd by the Leonards. By virtue of a clause in the sd. lease, to prevent a treacherous trick by ye petitioner and Leonard concerted against me, being then at Burlington, I sent a warrant of Attorney to Penry to reenter upon ye sd. land and keep ye possession thereof for me untill further order, wch. he also did peaceably and quietly, but Leonard with other accomplices afterwards endeavour'd by force to dispossess Penry, or some other yt. he had left in possession, and very evilly entreated them. The matter of fact is so well known, that petitioner's only hope was that your Excellency would restore her to possession without further enquiry, etc. Signed, Peter Sonmans, Burlington, Jan. 29, 1710. 2½ pp.
835. xvii. Petition of Elisha Parker to Governor Hunter. One John Allen, a servt. of petitioner, being summoned to appear last night before Peter Sonmans at ye suit of one Henry Ralph for impounding a mare pretended to be Ralph's, petitioner desired on behalf of his servant that plaintiff might prove ye beast to be his and yt. defendant had impounded it, wch. was denied; as also yt. defendant's oath might be taken or yt. he might have time to bring his witnesses, wch. was denied; and ye sum being laid so low (wch. petitioner beleives was purposely done) that petitioner could not appeal, your petitioner then desired he might be tried by a jury of his peers, wch. is ye happy priviledge and birthright of every English subject and allowed by ye Common law and Magna Charta, wch. was allso denyed. On wch. proceedure petitioner could not forbear saying, he was afraid he had not justice done him, for wch. Sonmans caused him immediately to enter into recognizance with sureties for ye good behaviour, wch. he esteems a great oppression and injury to a trading man, etc. Many other of H.M. loyall subjects, who are not Mr. Sonman's particular friends, nor cannot follow his dicates are thus hardly treated by him, etc. Prays for relief. Signed, Elisha Parker. 1½ pp.
835. xviii. Peter Sonmans to Governor Hunter. Reply to preceding. Parker's statements are untrue. Henry Rolph produced the poundkeeper's receipt, showing the beast was his, and Allen knew very well what he was summoned for. I bound Parker over for abusing the Queen's authority etc. Signed, Peter Sonmans. Burlington, Jan. 29, 1710. 5 pp.
835. xix. Petition of Freeholders of Middlesex, New Jersey, to Governor Hunter. Praise the Union with Scotland, etc. In a late election at Woodbridge, Sonmans, an alien born and a bankrupt in England, tho' unworthily dignified with honable. officers in ye Govermt., endeavoured to disunite the affections of the people, by publickly declaring we will not goe to North Brittain for justice, no Turkish Governmt. no French Govermt., no arbitrary Govermt., Liberty and Property. For ye more effectuall accomplishing of his sinister designs, he indeavoured to overaw the Electors, he dared ye Sherriffe to sett up Capt. Farmer as a candidate, and ordered him to take Mathew Moore into custody, and told Mr. Stilwell in a threatening manner at ye time of ye poll that he had his name down, etc. We shall pass in silence sevll. enormous crimes wch. he escaped with impunity by ye death of ye Lord Lovelace, etc. Signed, Allen Callwell, Tho. Redford, Jno. Molleson, Jeremiah Feild, Robt. Webster, Robt. Grachrist, Will. Layng, John Campbell, Daniel Blackford, Wm. Sharp, Elisha Parker, Danl. Stillwell, Robt. Wright, George Cumin, George Brown, Tho. Leonard, John Campbell, Mathew Morris, Henry Poten, Wm. Harrison, Edwd. Harrison, Tho. Grub, Michaell Eighten, John Feild, John Harrison, John Scott, John Foreman, Henry Knapp, Adam Hude, Saml. Leonard, Geo. Willocks, John Barclay, Jno. Rudyard, Tho. Farmar, Judiah Higgnies, Tho. Wetheril, John Brown, Will. Oulden (his mark), David Herriott, Alex. Walker, Will. Thomson, John Mathie, Wm. Frost, John Picke, John Bishop, Tho. Pike, John Adie, Richd. Cutter, Benj. Cromie, John Foord. 2 pp.
835. xx. Petition of Freeholders of Middlesex and Somerset, to Governor Hunter. Charge Peter Sonmans with perversion of justice, threatening at elections as preceding, keeping infamous women in his house etc.; he binds persons over from Court to Court; names and alters Grand Juries so that although the number of 12 doth not present, it is sustained, and ye prosecution goes on, and when cleared by a petty jury, ye charges are to pay, as in Stillwell's and Parker's cases; he seeks after complaints and indeavours to procure presentmts. without any, as in the case of John Rudyard, Margarett Parum, Wm. Frost, Wm. Thomson, etc.; he takes upon him to be judge in his own case, as in the case of widow Parks (supra), Ogdon, Pike, etc.; he refuses in small causes to take oaths or allow time to produce evidences; gives sentence and refuses writs of error, as in Capt. Parker's case (supra), so yt. by many unjust actions it's easie to ruin any person he bears a prejudice to by 40s. at a time; he endeavours to postpone justice, as in ye case of Capt. Parker and Richd. Soaper, by sending away Justice Tuneson, and then pretended want of a sufficient number of Justices, when at ye same time he made rules and did other acts of justice in ye Court of Common Pleas. When some friends of his are concerned and complaints are made to him, he will refuse to act in his office and desire upon such complaints to go to another, as ye case of Wm. Moor and Paulus Ricant, when Ricant was like to have killed Moore, Ricant being a person that then served him. His justice and partiality in genll. is so evident that when by his indirect meanes he cannot draw persons to his side, they are sure either under ye pretence of being a genll. agent for ye Proprietors (wch. has sufficiently appeared yt. he is not) or by virtue of those powers he is with submission unworthyly dignifyed, he warpes ye laws to oppress and impoverish ye inhabitants, imposeing upon some ignorant tho' well meaning persons that are joyn'd in commission with him and upon others who have not a competent knowledge of the English tongue to understand ye law or custom of an English Government. Pray for relief. Signed, John Harrison, John Molleson, Saml. Leonard, Tho. Wetheril, Wm. Harrison, John Willson, John Runian, Wm. Frost, John Mathie, Tho. Gruf, John Feild, Wm. Oolden's mark, Daniel Blackford, Robt. Webster, David Herriott, John Brown, Wm. Thomson, John Rudyard, Alex. Walker, David Walker. Confirmed by the following Committee of Freeholders of Woodbridge, chosen at a publick towne meetting to represent their grievances, Signed, John Pike, John Bishop, John Ford, Elisha Parker. 3¼ pp.
835. xxi. (a) Case of John Barclay. In 1704 he was commissionated by the Proprietors of the Eastern Division Receiver General of their quit-rents. On Aug. 24, 1705 Peter Sonmans produced before the Governor and Council a Commission from several of the Proprietors residing in and about London appointing him their Agent and Receiver Generall of their Quit-rents. etc., on which proclamation was issued out on his behalf, in wch. commission it was expresely provided that any person producing another commission under ye hands and seals of 5 Proprietors of part of ye Eastern Division, and who shall reside in or near London, before ye Governor and Council, then said commission of Sonmans should thereafter be utterly void. On Nov. 7, 1707, Barclay produced before my Lord Cornbury and Council a commission for Receiver General of said Proprietors' quit rents, signed in London, May 10, 1706, under the hands and seals of 10 of ye Proprietors of part of said Division of said Province residing in or near London, which vacated Mr. Sonmans' commission, but Mr. Barclay's was most unjustly and maliciously kept and detained from him by my Lord Cornbury and Council, v. following. Signed, John Barclay. ¾ p.
835. xxi. (b) Order of Council of New Jersey, Nov. 7, 1707. Ordered that Mr. Barclay's Instrument (above) be transmitted home and laid before H.M. Signed, J. Bass. Copy. ½ p.
835. xxii. Gawine Lookhart to Governor Hunter. Perth Amboy, Oct. 21, 1710. Returns thanks for appointment as Sheriff of Middlesex and Somerset Countys. I was invested with ye office of Sherriffe ye 19th inst., and Peter Sonmans had received H.M. writts for sd. countys to elect representatives to meet your Excellency in Genll. Assembly, upon wch. day Mr. Sonmans had appointed a meeting of ye Justices and late Sherriffe at Piscataway, hearing thereof I went there to execute indentures with ye late Sherriff, but finding neither Mr. Sonmans nor him there, and hearing they were at the house of Mr. Langfield, I sent and by a letter demanded ye writts, etc., but before my letter could reach Mr. Sonmans, he received indelligence of my being at Piscataqua, went immediately to ye house of one John Horner, ye Father in law of ye late Sherriffe, to whose house next day I went, and was informed by his wife that he was gon out of ye Easterne Division, by wch. and divers other reasons I'm induced to believe he is absconded with intencon to carry on som sinester designes and undue elections. I have therefore given notice by divers advertisements in said countys to prevent ye unhappy consequences of such proceedings, and humbly begg your Excellency's directions. Signed, Gawine Lookhart. 1 p.
835. xxiii. Deposition of Adam Hude, Feb. 6, 1710. Some time before ye Supream Court in Nov. 1708 he was much importuned by Peter Sonmans to go to Burlington immediately with ye freeholders' book in order to strike a jury before ye prothonotary Jeremiah Bass, on wch. he desired Sonmans to shew him H.E.'s lysence yt. ye deponent might be safe in leaving his county, who told him he had none. Then Sonmans shew'd him a copy of a rule of Court for ye Sherriff to appear before ye Prothonotary with his freeholders' book in order to strike ye sd. jury at ye suits of Abra. Gouverneur on ye demise of Sonmans agst. Harrison, Willcocks and Higgens. Deponent thinking himself not safe in leaving his county, seeing Sonmans had obtain'd no lyscence for him, did send ye freeholders' book by John Norton with a charge to represent him before ye prothonotary. When deponent received ye freeholders' book back, he found it had been unstitched and strangely transpos'd, wch. he knew perfectly by keeping a true copy thereof in his own hand, being afraid of a trick and finding ye names brought together yt. he had designedly wrote in several parts of said book. Deponent challenged Norton, how sd. book came to be so transposed. He answered, that it was done after he had delivered the same to Mr. Bass, and before he received it again, and did not believe Mr. Bass did it, but that it was done while in Bass's custody. Sometime before the May Court in which Mr. Harrison was prosecuted at ye suit of ye Queen for words alledged to be spoke by him agt. Roger Mompesson, ye then Cheife Justice, after several discourses with Sonmans, who told deponent yt. no persons living on Middlesex side of ye bound brook were fitt to try that accon, and so named severall Dutchmen in Sumerset County as ye only persons fit to try ye sd. accon. Deponent told him he could not remember their names Sonmans replyed, he would give ye deponent a list of them, wch. some time after he did, and then deponent told him, if ye persons were all present he could not know them. He answered, he could find a way to lay them all at once in deponent's way. And some time after sd. tryall Sonmans was angry with deponent and told him, that if he had but put Capt. Vulker upon sd. jury, ye case would not have gone as it did, he being one of said list given him by Sonmans. The names of those wch. deponent had so industriously spread through his freeholders' book by ye unstitching and transposeing of it as aforesd., many of them were brought together and nam'd by Mr. Bass as Jurors to try ye causes aforesd., and were some of those persons who were named and recommended by Mr. Sonmans to Deponent to try ye case of Harrison. Signed, Adam Hude. Copy. 2 pp.
835. xxiv. (a) Deposition of Allen Caldwell (or Coldwall). Dec. 26, 1710. At the beginning of this month Sonmans perswaded deponent to sign a paper which he read to him and which contained nothing concerning Dr. Johnson and Mr. Reid. Had he understood that it contained any complaint against their election for Amboy, deponent would not have signed it, etc. Signed, Allen Coldwall, his mark. ½ p.
(b) Deposition of Thomas Collins. Dec. 26, 1710. At the begining of this month Sonmans read a paper to him, to wch. he, understanding it to be a petition for a free election and for ye Assemblies sitting again at Amboy, did sett his hand. It contained no complaint against the election of Dr. Johnston and John Reid. Deponent was not present at that election, etc. Signed Thomas Collins, his mark. ½ p.
(c) Deposition of Peter Buckalieu. Dec. 27, 1710. To same effect as preceding. Deponent would have voted for Dr. Johnson, had he been present at the election, etc. Signed, Peter Buckalieu, his mark. ½ p.
835. xxv. Deposition of Mathew Collins. To same effect as preceding, except that Dr. Johnstone's name was mentioned. Signed, Mathew Collins. ½ p.
835. xxvi. Peter Sonmans to Governor Hunter. Reply to preceding. Burlington, Jan. 29, 1710. Suggests that his opponents are non-jurors and Jacobites who wish to subvert the Government, of whom Mr. Willcocks, one of the cheif authors of all the divisions and distractions of the Province, is the ring leader. Continues:—I am prepared to justify my behaviour at the election at Woodbridge. Their allegations are false and I beg that their petition and affidavits may be filed in ye Secretary's office, in order that I may take legal action. I utterly deny that I endeavour to disunite the affections of the people, etc. Your Excellency will never condemn me for supporting the liberties and properties of Englishmen. That I forbid the Sherriff at his perill to sett up Capt. Farmer as a candidate, I deny not, and will justify by divers laws wch. render him incapable of being elected, wch. I also then and there produced praying that they might be read, but ye Sherriff uterly refused, saying, We will have no law here. After many objections made against ye laws I there produced, Mr. Willocks very tauntingly told me I did not bring those laws from Holland, to wch. I answered no, nor from N. Brittain neither, to wch. Mr. Willocks sd. again, We will not be ruild by Dutch laws, to wch. I answered, nor by North Brittish neither. Mr. Rudyard upon that gave me very unbecoming rude language, wch. made me tell him, we were under a regular Government not to be huft, or threated as he used to do on board a man of warr, that we were not under martiall, but ye law of ye land, he continueing to behave himselfe very disorderly, I said as in ye petition, No Turkish, etc. Mathew Moore threatened me with his bent fist and advanced it to my very face, whereupon I told ye Sherriff he ought to keep better order, wch. not being minded, I bid the Sherriffe take Moore in his custody, wch. I might well doe, for an election (with humble submission) is not to be turned into a ryott nor protect ye rabble in affronting ye officers of ye Governmt., but however ye Sherriff rid between ye two divisions and ye matter ended. I annex the petition of most of ye Freeholders of Middlesex, that your Excellency may see who perverted ye election, wt. illegal proceedings were used, and how necessary it was to stand up for English laws and freedoms when both were so openly perverted and violated: ye alligacons of wch. petition are proved by divers affidavits, and if your Excellency think it worth your examinacon shall be made out by those yt. signed it. I wish ye Sherriff be not made sensible yt. he did at his perill break thro' so many laws relateing to elections as he did. What crimes I escaped by ye death of my Lord Lovelace, since they cannot instance any, it must remain as great a secret to your Excellency and ye whole province as to me, especially since it's very well known yt. severall of these petitioners together with some others, my profest enymies (because of my just demands upon them then depending in ye Supream Court, or else for doeing my duty as a magistrate) being packt together in a Grand Jury fraim'd two malitious indictmts. against me, and that afterwards one of these petitioners being gott into ye Assembly, prevail'd upon ye House to present an Address agt. me to my Lord Lovelace, in wch. nothing yt. might but look, or be strain'd to look, like a fault, mistake(n) or slip, in anything I had done either as a private gent. or magistrate, escap'd: but his Lordship being pleased to grant me the same favour and justice your Excellency has now thought fitt to do, viz: letting me have a copy of ye sd. Address, and giveing me leave to answer, which ye managers of that Address neither intended nor expected, ye malice of ye promoters of yt. Address plainly appeared both here and in England, and did me as little prejudice as their scurrilous indictmts. wch. I did not shun; nor shelter myself under a noli prosequi, tho' offered me both by my Lord Cornbury and Ld. Lovelace, nor cessat processus: but stood my tryalls, at neither of wch. anyone of ye pretended prosecutors, or evidences had ye confydence to show their faces, from whence it will be evident that I escaped not by ye death of my Lord Lovelace, but was acquited by due course of law. One half of the petitioners are my profest adversarys for ye reasons already given, divers others were not at ye election, and sevll. deny yt. they ever signed the petition, as shall be proved when yr. Excellency pleases, etc. etc. Argues that his saying that "we will not goe to North Brittain for justice can be noe manner of crime, much less a reflection upon ye Queen's prudence, or ye Kingdom where your Excellency was born, but only a necessary and naturall answer of mine, (as a supposed Dutchman) to Mr. Willocks, his saying we will not be ruil'd by Dutch laws, who is a Scotchman." etc. One of them has all along refused to take ye oath, and is therefore now under all ye forfeitures and disabilities of a Romish recusant. The last charge of ye deponents is yt. I clapt my hand upon my breach and made a great noise, wch. I utterly deny, nor can conceive what is meant by making a great noise. I have not and shall never give my enemys ye advantage of being able to censure me for want of good manners, much less such rude and unebecoming actions, of wch. I never knew any that pretended to gent. always so full as Mr. Willocks: particularly at ye last Amboy election, where he took much pains to take up ye skirts of his coat and wescoate and stooping very low rais'd his breach as high as he could, and in defyance to me, and all those yt. appear'd with me, there severall times clapped upon it as hard as he could, saving this, this for you, etc. Signed, Peter Sonmans. 10½ pp.
835. xxvii. Address of the House of Representatives of New Jersey to Governor Hunter. Burlington, Feb. 6, 1710. Complaint against Mr. Bass, Secretary of the Province. He has from his first coming in all his sevll. stacons behaved himself so very ill yt. his evidence with sevll. jurys has gained as little creditt as his common conversation doth with ye generality of mankind so yt. his name Bass and a lye are synonimous terms. Indictmts. agt. him by a Grand Jury for some of ye foulest crimes puts no stop to ye carrier of his unjust and indirect practices, being supported by those Gent. whose representacons in favour of him we hope will gain no more credict with your Excy. than we believe their foul address agt. ye Representative body of this Province has done with our most good and gracious Soveraign. We enclose proofs of severall of his wicked and unjust practices, some of wch. were in execution of his office, and appear very evidently to this House. One of ye affidavits plainly shew his intentions were to oppose H.M. service and prevent as much as in him lay ye raising a support for her Governmt. here by reflecting on and endeavouring to prevent ye choice of those who were obedient to her wise and just commands relating to Canada expedicon, and have served the true interest of the country, etc. It was a great injustice and malversation in his office by base and wicked practices to turn so many people out of their possessions or oblige them to comply with ye heaviest terms their antagonist would impose, as by ye case of sevll. persons in Maidenhead etc. doth plainly appear. We cannot think ye Province safe so long as he continues to execute ye sevll. offices he now enjoys. or that he ought to be trusted with ye publick Records and other instruments, etc. We earnestly do pray yr. Excy. not only to deprive him of his authority till H.M. pleasure shall be signify'd, but that you also will lay an accot. of ye crimes of yt. person before H.M., etc. Endorsed, Recd. 15th June. 2 pp.
835. xxviii. Petition of George Willocks to Governor Hunter. In 1705 there was an accon of ejectment commenced in ye Supream Court in ye name of Abraham Gouverneur upon ye demise of James Earle of Perth, John Earle of Melford, Peter Sonmans, Robt. Burnett, and John Hadden, agt. petitioner for lands and tenements in Perth Amboy then possessed by him, and in November terme 1706 petitioner obtain'd a verdict of a jury and judgemt. with costs. But when ye petitioner's Attorney carryed ye bill of costs to be taxed by Jeremiah Bass, Clark or Prothonotary of ye sd. Court, Mr. Bass cutt of divers things yt. he usually allowed of others in ye like cases. In Dec. following Robt. Burnett, who neither knew nor had given direction for to use his name in ye sd. action, released his right to petitioner. Jno Hadden, (who was also as ignorant ye suite as ye sd. Robt. Burnett) by his attorney did also release his right to petitioner, and did also sell a propriety to Jno. Johnston, ye petitioner and others, wch. has cost them upwards of £1500. In ye end of 1706 or beginning of 1707 another such action was commenced in all ye names aforesaid for ye sd. premisses agt. petitioner, sometime before Novr. terme 1707, ye petitioner had notice of tryall, and yt. instead of ye Sherriff's impanelling a jury as always had been customary, Mr. Bass by a pretended rule or order of Court had named a jury out of ye Sherriff's Freeholders' book, not taking them in ye order they were named in ye book, but picking them, some of ye most ignorant, others yt. understood not English, and ye rest of such as were known to be under ye direction and freinds to Peter Sonmans, ye only person that had commenced, and carryed on ye sd. accons. Ye partiality appeared so evident yt. ye tryal was delay'd, and a new rule made yt. terme concerning a special jury. John Haddon's Attorneys being gon for England, and haveing carryed ye sd. power allong, petitioner haveing seen by ye indorsemt. upon ye sd. letter of attorney that it was proved before Judge Pinhorn and recorded by Bass, sent to him by a freind to gett a copie thereof from the Records, but Bass absolutely denyed yt. it was recorded, with an intention to defeast petitioner and all others of what they had purchased by virtue of yt. power. Petitioner at ye same time sent Haddon's release to be recorded, it being prov'd before one of H.M. Council, wch. he refused to do till ye Supream Court was over, wch. was not till about 6 weeks after, but was at last prevealed with to record it. Repeats account of unstitching Freeholders' book and picking the jury given above, xxiii. For this Bass was afterwards indicted by a Grand Jury, tho' for that and divers other crimes he was then also indicted for by undue proceadures he escaped with impunity. On Nov. 1st 1708, being ye day before yt. Court, petitioner went to Mr. Basse's office then at Amboy and desired to see some book of records and named a page, wch. when Mr. Bass saw as with a seeming admiration say'd, Ah, John Haddon's power of authority. Petitioner reflected on his injustice for concealing ye same, and giving out false coppies of ye rules of Court agt. ye petitioner, as then appeared, and said he would not always have such a protector as Lord Cornbury, then Governor. Mr. Bass seemed at first to resent what petitioner said, but in a little time he began to intreat petitioner to pass all by, and promised he would be just in time coming. The second day of the Novr. terme, petitioner obtained a verdict and judgement with costs. Petitioner had his bill of costs drawen by his Attorney, and carried it to Bass to be taxed, who pretended at first that there was a rule of Court against it, then a minute of Court, but upon search of ye rules and minute bookes, no such were to be found. Then Bass pretended he could not do it unless Mr.Sonmans and his attorney were present. Petitioner replyed it had never been ye custome, but on ye contrary he had tax'd an excessive bill at ye suite of Mr. Sonmans agt. Capt. Harrison of about £70, at last he replyed it was discretionary in him, and he would not do it. Tho' petitioner hath since applyed to him by his attorney Mr. Regnier, could never yet obtaine justice nor one penny of his costs, etc. Prays for relief. Signed, Geo. Willocks. 4½ pp.
835. xxix. Address of the Representatives of New Jersey to Governor Hunter. Burlington, Jan. 1710. Some time since we ordered some of our Members to inspect ye journals of ye Council to inform us how far ye gent. of ye Council had proceeded in relation to ye passing of some bills sent up. Upon applicacon to Mr. Bass ye Clerk of ye Council such an inspeccon was denyed us, pretending he had orders from ye Council to warrt. his refusal than which nothing was more false. We have now ordered him to lay before this House all ye accots. and papers relating to ye accots. concerning ye Expedicon agt. Canada, which he has also refused to do, saying ye Councill has ordered him not to delivere them to ye House; we beleive this pretence is most false, and yt. he had no such order, and if he had, we desire to know why ye Gent. of ye Councill assume to themselves such a power, for ye papers we required were our papers. and should have been long since delivered to us. We think ourselves highly affronted by this procedure and pray if Mr. Bass has asserted a falsehood, he may meet with an exemplary punishmt., for it's not to be born that ye Representatives body should be publickly nosed by a person whose sevll. crimes and misdemeanours deserve a publick censure, and agt. whom we fear we shall be under necessity to proceed by way of impeachment. 1⅓ pp.
835. xxx. Deposition of George Willocks, Tho. Farmar, John Rudyard, John Johnston jr., John Barclay, Judiah Higgines, John Pike. Nov. 1, 1710. Depose as to Peter Sonmans behaviour at the Woodbridge election as supra xix. and xxvi. Signed, Geo. Willocks, etc. as above. 1 p.
835. xxxi. Deposition of Jacob Tappen of Cohansie, county of Salem, Dec. 25, 1710. On Oct. 22 last, Jeremiah Bass discoursing with him about what men was fit to serve on ye Assembly for ye County of Salem, said that Sharp and Middleton was hasty chollerick men and that they was not fit men to serve, for they was ye cause of giving ye countries money away and of ye £3000 tax. ¾ p.
835. xxxii. Deposition of Isaac Sharp of Salem County. Deponent being cast in a suit, and there being executions agt. him for fines, in 1704 he paid Bass said fines, he being Clerk of the Court for the County of Gloucester. Afterwards Bass asked to see the executions again, and when deponent delivered them up, immediately burnt them, so that deponent is left without any receipt for his payment, etc. Signed, Isaac Sharpp. 1 p.
835. xxxiii. Deposition of John Barclay. Burlington, Feb. 1710. Confirms part of xxviii. supra. Signed, John Barclay. 1 p.
835. xxxiv. Deposition of Thomas Gordon. Feb. 2, 1710. Confirms some of above charges against Bass, and following. Signed, Thomas Gordon. 3½ pp.
835. xxxv. Deposition of George Willocks. Burlington, Feb. 6, 1710. Elaborates xxviii. supra. Concludes: At the desire of Lewis Morris, Agent to ye West Jersey Society, or his attourney Mr. Emott, deponent went to Mr. Basses office at Amboy some time after ye Supream Court in Nov. 1706, takeing Thomas Gordon to be a witness to what past, and then desir'd in the name of Mr. Morris ye names of ye plaintiffs casuall ejectors and tennants in possession of all such ejectmts. as had been served in Hopewell and Maidenhead upon ye demise of Col. Cox, and what rule was made upon them; he told deponent he could not lett him have them, his books and papers being put up, before he was at Burlington. After much pressing and many words, Mr. Bass open'd a chest and tooke out such bookes and papers as he thought fitt and sett his Clark, Charles Huddy, to write, who as Mr. Bass said wrote wrong, and Mr. Bass wrote himself, "at ye demise of Daniel Cox Esq. John Bourcher, pltf., and Richd. Heath, deft., in 6 accons, the tennants in possession were Samuel Davis, Zebulon Heston, Johan. Larrenson, Natha. Petitt, Josiah Andress, Richard Lanning, Rule to plead Jan. 1st., signed Jeremiah Bass." Signed, Geo. Willocks. 5½ pp.
835. xxxvi. An abstract of the Representation of the Assembly of New Jersey on an Address communicated to them by the Lord Lovelace from the Lt. Governor and Council to H.M. Endorsed, Recd. June 15, 1711. 7⅓ pp.
835. xxxvii. Jeremiah Bass, Secretary of New Jersey, to Governor Hunter. Reply to Mr. Willocks' charges Nos. xxviii. and xxxv. supra. The wicked like the troubled sea always cast up mire and dirt, etc. Complainant is made up of rancor, splean and falshood; a non-juror, and one of the chief contrivers of discord of the Province, etc. (i) Mr. Willocks' charges about my taxing bills of costs (xxviii.) are untrue. My own fees are unpaid, but the whole costs have been paid to Willocks or his Attorney. (iii) Quotes order of Court to prove that it was by no pretended but real rule and order of the Court that a special jury ought to have been struck in the cause mentioned. It was not any partiality and injustice in me that delayed the tryall, but the disobedience of Mr. Willocks' Attorney to the first rule of the Court. As to the letter of attorney of Hadden, I doe not remember or believe that anybody demanded the copy, but if Mr. Willocks had mentioned the person, place and time, it would have refreshed my memory. If I refused the recording Haddon's release, as I know not wheither I did or not, it must only proceed from my difidence of being paid by the person that owned it, nor could it have been done with intention to defeat him, because being recorded adds no strength to the release. As to the Freeholders' Book, the Sherriffe sent me by Mr. Norton a parcell of loose papers carelessly tyed together, and I told Norton I could not accept of that as a Freeholders' Book, for it was altogether irregular and contained a confused jumble of names of the inhabitants some out of Somersett and the next perhaps out of Amboy or Woodbridge. He reply'd that the Sheriffe told him he had jumbled an honest man and a knave together. But this was made the subject matter of an indictment to which I have taken my tryall and was acquitted not sheltering myself by a noli prosequi or cesat processus though the one was actually sent me from my Lord Cornbury and another offered me by my Lord Lovelace (quoted). Copy of trial for altering the Freeholders' book. (v) Denies Mr. Willocks' account of what he said and points out that there were no witnesses. (vi) Motion was made in Court by the Attorney for Mr. Sonmans that there might be a rule not to taxe the bill of cost without notice to the other side, but it was not thought necessary to enter any rule because it's well known to be the constant practice in England for the Prothonotary not to tax costs without notice when either the plaintiffe or deffendant desired it. In the case he mentions neither Harrison nor his Attorney had desired to have notice, etc. etc. (vii) The seventh article being altogether general(s) is impossible to be answered etc. (viii) This having been the subject matter of an indictment against me to which I pleaded and was found not guilty requires no other answer, etc. (ix) To the 9th Article relateing to the Records, I must informe your Excellency that in a petition of the Representatives of the Eastern Division (annexed), there was an order of the Governour in Councill made Nov. 7th, 1705, for the delivering of all records etc. into my hands to be keept in the Eastern Division, that some persons who then had them in custody did only deliver some records and other publick papers, and Mr. Willocks and another Gentleman to this day detaine very near as considerable a part of the publick records etc. in their hands as are delivered, and though repeated orders have been since made are soe farr from delivering of them that it is not known were they are, nor any possibility of having a sight of them, and nobody but Mr. Willocks (who by a letter from Mr. Gordon and a copy of a receipt signed by him and Dr. Johnson confess to keep the said records in their custody) would have the assurance to complain of what himselfe only is guilty of. This is indeed a grievance, that publick books and records should be kept in perticular hands soe privately that no recourse can be had to them, and of which many have complained. I am very well assured neither Mr. Willocks nor anybody else was ever deny'd access to the records nor copys from them, or to have the records themselves in Court whenever he or they had occasion for them, and frequently without any fees paid for the same. That I have not any Deputy resideing at Amboy, I acknowledge, and shall not easily be prevailed with to appoint one, (and if I would, know not where to have one in that towne) since I was so ill served by the two former, John Royce and Benjamin Griffith, the first having so mismanaged that trust that I was oblidged to dismise him or be lyable to answer for more real than this representation contains imaginary faults; and the other though an honest man was surprized into a mistake by John Barclay, who raised and altered the Records while the other's back was turned. As to the affidavit of Jacob Tappen I cannot devise to what purpose this affidavit was brought into the House, except it was to expose Mr. Sharp, who was condemned for assaulting Sarah and Ann Harrison, as the records (quoted) show. The latter part relating to the £3000, the deponant hath mistaken ye sence, which was the necessity of saveing what was possible of that sum, etc. Signed, J. Bass. Endorsed, Recd. June 15, 1711. 14¼ pp. Torn.
835. xxxviii. Petition of some members of Assembly for the Eastern Division to Governor Cornbury, that the records may be lodged in the hands of the Secretary, etc. Copy. 1 p.
835. xxxix. Memorandum. On May 25, 1709, George Willocks was brought before us, on our order as Justices of the Peace of Middlesex and Somersett, and refused to take the oath required by the Act 1st Wm. and Mary, and said that he was not sattisfyed in the authority of us. Signed, Peter Sonmans, John Drake. Copy. ¾ p.
835. xl. Memorandum. Mr. Willocks, as in preceding, refused to take the oath appointed by the Act 6th Anne, etc. Signed, Peter Sonmans, John Drake. Copy. ¾ p.
835. xli. Copies of 14 Bills passed by the Assembly of New Jersey, but not assented unto by the Council. 24pp.
835. xlii. Copy of the Council's amendments to bills for regulating the practise of the laws, and declaring printed copies of Acts passed in Lord Lovelace's time to be effectual etc. 2½ pp. [Covering letter only: C.O. 5, 1091. No. 34; and (enclosures only) 5, 970. Nos. 102–144.]
May 7.
Maryland, Annopolis.
836. Edward Lloyd, President of the Council of Maryland, to the Council of Trade and Plantations. Having the ready oportunity of writing by some ships H.M. has ordered not to be embargo'd, I presume to acquaint you that this day I have the honour of yr. Lordps. of Oct. 26, 1710, with H.M. Instructions to Col. Seymour, May 6, 1707, which never was communicated to H.M. Councill here by Col. Seymour, if ever it came to his hand, nor ever had I the least intimation thereof. I have also recd. your Lordps.' of Nov. 8, 1710, with H.M. Order in Councill, Nov. 2, (q.v.), and am sorry to find H.M. Councill and myself should have been led into so unhappy an errour purely occasioned by our being unapprized of that H.M. Additionall Instruction, and by following the method that had been taken in the absence of Coll. Blakiston by Thomas Tench, then President of H.M. Councill here, which wee never understood was disapprov'd of by your honourable Board, so that with a letter from myselfe and H.M. Councill of Nov. 4th last under the same fatall mistake I have transmitted your Lordps. the Acts of the last Session which are under the same dilemma, and therefore justly apprehend they will meete with the same dislike, yet knowing your Lordps.' great candour, have reason to hope you will not impute to me or the Councill any neglect of our dutys; for had wee known H.M. good pleasure, I dare answer for those Gentlemen as well as myselfe, wee had payd all due deference and ready obedience thereto. My Lords, on due reflexion of your Lordps.' kind intimation that if any of the Laws H.M. has been pleas'd to disallow by her said Order in Councill do seeme to be of absolute necessity for ye good Government and wellfare of the Province, they may be re-enacted by the President (as Commander in Chiefe), Councill and Assembly, I purpose to call the Councill together and advise thereof. But severall of the Gentlemen living in different countys on both sides the Bay at great distance from the seate of Govermt., it is not easye to procure a meeting without tymely notice, so that at present I cannot have their assistance, however presume to offer to your Lordships my apprehension that two of those laws, vizt. the Act continuing the Act regulating the Militia, and an Act reviving an Act for lymmitation of officers' fees, are of very great moment to the Country, and am affraid the Delegates will not be easily prevayl'd with to reenact them as they now stand, especially that for officers' fees, notwithstanding shall use my best endeavours to perswade them. Signed, Edwd. Lloyd. Endorsed, Recd. 12th, Read 13th June, 1711. 2½ pp. [C.O. 5, 717. No. 41; and 5, 727. pp. 274–276.]
May 7.
837. Mr. Dummer to [? Mr. Popple]. Gives sailings of the Sophia packet-boat, out and home 123 days. The friends of Col. Parke write nothing of particulars of his murther for fear they shall be served so themselves. Lt. General Hamilton called an Assembly of all the Islands to meet at Antego, and they met from each Island, only the Nevis men contemn'd the general summons. From Jamaica they say their is no trade within nor without themselves, the Spaniards being supply'd by the River of Plate, and the South Seas by the French sufficiently. There hath been a long season of dry weather which has shrunk the cropps of sugar, and almost destroy'd their indigo manufactures. Signed, E. Dummer. Endorsed, Recd. 7th, Read 10th May, 1711. 1 p. [C.O. 323, 7. No. 12.]
[May 8.]
prob. desp.
[Feb. ?]
838. Lt. Governor Yeamans to the Council of Trade and Plantations. The post I at present enjoy under her most gracious Majesty in this Island, entitles me in a particular manner to give your Lordships in some measure the most probable causes that procured the fatal end of our late General Parke, which happened on Dec. 7th last past, that the same may be fully laid before H.M. I had thought to have mentioned all matters that had occur'd between General Parke and the inhabitants of this Island from his first entering upon his Government; but when I consider the same would be too tedious and that your Lordships' time is more precious to the publick, and employed in affairs of deeper consequence, knowing withall that a great part is allready before your Lordships in the Minutes of the Councill and Assembly, I shall therefore only begin from the first cause of the Generall's calling the last Assembly and what followed thereupon. We had an information from some of the French themselves, who are related to some French protestants here, that they onely waited for Mor. Declare or their General's arrival, to make a descent upon this Island, and when we thoroughly understood that Declare's squadron was arrived, though he himself miscarried in his attempt upon Brazele, yet his ships with the privateers (which are here numerous) we were well satisfyed would be sufficient to put in practice what they had deliberated and given out, which occasioned myself and Council to address the Genl., that he would be pleased with all expedition to issue forth writts for the choosing an Assembly, for our former was dissolved, in order to have their assent for the payment of workmen, sending negroes to our fortifications and for the prosecuting other matters needfull in this our present time of danger, which he assented to, and isued out writts accordingly, but upon our meeting, and after the choosing a Speaker, he prorogued them some days, which was by the Assembly lookt as a procrastination at that time, and that he had other ends in view than the well-fare of this Colony, but of this they seemed to be the more setled in their opinions, when at the day of their next meeting, several arguments were had and revived about a Clerk for the Assembly, which was another cause of prorogation, and another additional distast, the General telling them that he was willing to appoint such a person for Clerk, as they should nominate or recomend, upon which they sent a person to be sworn and qualifyed by the General to be their Clerk, but H.E. took exception to some words in their message, and therefore refused him, which myself and Council observing would be a means to frustrate all the good designs that were intended to be acted at this juncture of time, address'd the General to accept the Clerk, being of opinion that the word qualify, might be sufficient for the preserving the Queen's prorogative in all respects upon that debate, our present danger (as we conceived) of the enemy and that there might be no remoras to our proceedings for H.M. service, and the benefit of the publick, led us to address the General as aforesaid, all which will be laid before your Lordships for your better satisfaction, but the General was in no ways moved with our address, or any arguments we could use, which caused another prorogation, and that raised, with the General's taring in a great passion a message sent him from the Assembly, such a ferment, that they prayed in a written message to be admitted in a whole body, to tell him their grievances, and thereupon the Speaker with the rest of the gentlemen came into the Council Chamber, and offer'd to present to the General in writing, what they had to alledge, which the General refused to receive, upon which the Speaker moved to have liberty to speak to the business they all came about, which he likewise refused to hear, which occasioned hot and warm words between ye General and the Gentlemen of the Assembly, and the more when the General told the Speaker he had committed a riot, and would put him in irons, but the cheifest of all was, the General's calling to some person to be ready, having then three or four files of soldiers at ye door, who only waited for the word of command to fire on them, as some Gentlemen related they heard one or two of the soldiers say. Nevertheless. the Assembly being withdrawn, the General adjourned them for two days; at which time and place of meeting, I found a great number of men in arms, who came as they said, upon my demanding what they were in arms for, to defend the gentlemen of the Assembly, and to prevent the soldiers insulting them. I also found the General had called all H.M. troops to his own house, and had planted four or five field peeces about it, and sent for several persons of the country to come into him. This tempest thus blown up, I endeavoured all I could to mitigate, but found myself unable to withstand it, the major part of them affirming there could be no calm till the General departed this Island to some other part of his Government, and myself, Councill and Assembly to provide for the defence of this place for that they were very confident his stay would produce no other effects but the ruin and destruction of the same, the gentlemen of the Council was then in town, whom I met to consult what was proper to be done at this time, whose opinions were, as the face of all things then stood and shewed themselves, the adviseablest method to be taken, both for the General's security, and allaying this storm, was to address H.E. to retire to St. Christophers or Nevis for some time, the better to compose if possible these differences, which when he had received, his answer was in the negative, which put us to consider of another message, which was sent to the General by one of the Council, which mett with no other success than the former, this made the people uneasy, however I prevailed with them that I might send the Speaker with the same Gentlemen of the Council that went before with the other message, who brought us an answer much to the same purpose of the precedent ones, which incensed the generality of the men then in arms, who cryed out March. upon which I used all the arguments I then was master of to persuade them to stay, offering to goe myself with the Council to the General and endeavour to prevent the impending mischeif that was likely to fall on us, adding the fatal consequences of these proceedings, some of whom answer'd their only desire was that the General would depart the Island peaceably, having no design to hurt his person, my replication, as also the further arguments of the Council with some of the Assembly, was of no force, nor could hinder them from an immediate march towards the General's house, which was followed with some shot on both sides, but from whence the first came I can't determine. which ended in his death with several others on both sides, and several wounded, to the great disabling and weak'ning our Island, and a general concern and dissatisfaction of all. Thus my Lords I have to the best of my judgement given your Lordships in as brief a maner as I could my sentiments in a rural stile, which I hope your Lordships will pardon, and what else may be deficient in expression, the last cause (the precedent ones as I have said being already before your Lordships in ye Minuts of the Council and Assembly, and the articles against him now before H.M.) why the generality of the inhabitants conceived so ill an opinion of the General, and what brought him to so dismal an end, all which I beseech your Lordships to lay before H.M., with such advantages as to your Lordships' wisdome will be thought most adviseable for the procuring a unity amongst the inhabitants, and what else will tend to the benefit of this H.M. Colony. And to let your Lordships be informed, I endeavoured to do my duty, in preventing what mischeif I could, I have made bold in a paper here inclosed to incert the substance of what I said to the inhabitants that were in arms the day of the General's death, as also for causes given me, have further trespass'd upon your Lordships, to incloase another paper, of what I spoke to the Lt. General and Council before I signed the Address of myself and the Council to H.M., relating to the General's death, etc. Signed, John Yeamans. [C.O. 153, 11. pp. 294–300.]
May 8.
839. Council of Trade and Plantations to the Queen. Representation on Address of General Assembly of Maryland complaining of certain hardships in connection with the Tobacco trade. After dealing with this point, the Council of Trade propose that the General Assembly be recommended to appoint an Agent in England to take care of the affairs of the Province. (Set out, A.P.C. II. pp. 630–633 q.v.) [C.O. 5, 727. pp. 245–250.]
May 8.
840. Same to same. Representation upon the Address of the President, Council and Assembly of Maryland objecting to the Governor having the custody of the Seal, because in an appeal from the Chancery Court he acts as judge of his own decree. This inconvenience is occasioned by the Acts for Appeals etc., 1699 and 1704. Propose its repeal, when a power of bringing appeals and writs of error from the inferior Courts to the Governor and Council, and from thence to H.M. in Council here will subsist by H.M. Instructions to the Governor, in like manner as is practised in other Plantations in America, etc. (Set out, A.P.C. II. p. 633.) [C.O. 5, 727. pp. 251–255.]