America and West Indies: September 1713

Pages 231-243

Calendar of State Papers Colonial, America and West Indies: Volume 27, 1712-1714. Originally published by His Majesty's Stationery Office, London, 1926.

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September 1713

Sept. 3. 469. R. Shelton to Governor Craven. The public bus'ness having call'd some of the Lords Proprietors out of the town, their Lordships commanded me to inform you that they have directed warrants for the sale of land to be issued out of the Secretary's office etc. (v. Aug. 21). They further herewith send you the proclamation for publishing the peace concluded between H.M. and the French King, upon the receipt whereof you are forthwith to cause the same to be publish'd in the usual places of your Colony under their Lordships' government, and that you give notice to all privateers and commanders of ships within your Province to ceas hostilities with the French King's subjects, according to the tenor of the said proclamation. Encloses letter from the Board of Trade (? Aug. 27) about sending prisoners with evidence from the Plantations. Refers to warrant for Mr. Trott's leave of absence. (Aug. 22.) As to the letter their Lordships receiv'd from you and the Council, relating to the boundaries between South and North Carolina, their Lordships took that business into their consideration, but thought it a matter of such consequence, that it requir'd to be more maturely consider'd of, and therefore adjourn'd it for that time. I shall take care to lay it before their Lordships at their next meeting, and shall endeavor all I can to have a determination of that matter in your favor. Signed, R. Shelton. [C.O. 5, 290. pp. 71–73.]
Sept. 8.
Windsor Castle.
470. Lord Bolingbroke to Lt. Governor Moody. I hardly expect that this letter should come to your hands while in England, but will not however neglect to acknowledge yours of Aug. 20th. Tho' the order for the surrender of Placentia be directed to the Marquis de Vaudreuil, who as Governor of Canada is the proper officer, yet we never made the least doubt but that notice hereof had been sent from France in time, to prevent any dispute. A memorial received a few days since from the Duke D'Aumont, gives indeed some reason to apprehend the contrary. He pretends that the French at Placentia cannot remove till next spring, nor the place be by consequence till then evacuated. Should this be so, the difficultys you foresaw would arise, and H.M. must in this case depend on your discretion to conduct things, and to manage the officers of the French King, so, as to fall on some expedient wch. may secure the intents of the Treaty, and answer H.M. expectations. I have heard that there are several habitations, and a pretty large Colony, round the fortress of Placentia. If so, it naturally offers itself, since the sovereignty is the Queen's, that the military power be yeilded to you, that you take immediate possession of the forts with the Queen's troops, and that those of France continue, till the season shall permit them to leave the Island, in the adjacent dwellings. During this interval of time, you will I am sure, by a strict discipline and by the best regulations you can make, prevent all manner of disorder, or surprize. I have nothing more to add, but my sincere wishes that you may have a prosperous and successful voyage, etc. Signed, Bolingbroke. [C.O. 324, 33. pp. 5 and 2 (a).]
Sept. 10.
New York.
471. Governor Hunter to Mr. Popple. I shall not trouble their Lordps. with much by this doubtfull conveyance (ye Drake) only begg that you'l inform them, that I believe there was an omission in ye pardon of ye negroes, for besides ye three which H.M. has been pleased to pardon, there were other two vizt. Tom a negroe belonging to Rip Van Dam Esq., and Coffee a negroe belonging to Mr. Walton, who were recommended by ye Bench itselfe as proper objects of mercey there being noe manner of convinceing evidence against them and nothing but ye blind fury of a people much provoked cold have condemned them, they lye still in prison. In mine of June 23, 1712, I gave their Lordps. an account of their case and ye inducements for mercey, soe I humbly intreat their Lordps. would please to recommend them to it There is likewise a negroe woman who was indeed privy to ye conspiracey but pleading her belley was repreived. She is since delivered but in a wofull condition ever since, and I think has suffered more than death by her long imprisonment. If their Lordps. think fitt to include her, I should be pleased, for there has beene much blood shed already on that account, I'm afraid too much, and the people are now easey. The Five Nations are hardly to be disswaded from sheltring ye Tuscarora Indians, which would imbroil us all. I have sent some men of note with them to disswade them, but I am not able to furnish out of my own pockett the presents they expect upon all such occasions, and there is noe fond for it here. By a ship (the Hunter's prize formerly Sweepstakes) bound for England in ten days, I shall write more fully to their Lordps. Our Assembly here meet ye first of October to as little purpose I believe as formerly; that in ye Jerseys ye 2nd of November, which will doe their duties I make noe doubt notwithstanding ye impotent efforts of an arrogant party. P.S. I have reced. their Lordps.' letter of May 8th by ye way of Virginia. The peace was accordingly published here with ye usual solemnities on ye 18th of August last. Signed, Ro. Hunter. Endorsed, Recd. Jan. 15, 1713/14, Read June 21st, 1715. Addressed. 1¾ pp. Enclosed,
471. i. An Ordinance for regulating and establishing fees. New York, Oct. 19, 1710. Signed by the Governor in Council, R. Hunter. Endorsed as preceding. Printed. 20 pp. [C.O. 5, 1050. Nos. 81, 81 i.: and (without enclosure) 5, 1123. pp. 274, 275.]
Sept. 10.
New York.
472. Governor Hunter to the Earl of Dartmouth. Encloses following. Signed, Ro. Hunter. Holograph. 1 p. Enclosed,
472. i. Duplicate of No. 471. [C.O. 5, 1085. Nos. 15, 15 i.]
Sept. 14.
473. Lt. Governor Spotswood to the Council of Trade and Plantations. It is chiefly to accompany the inclosed representation from the body of the Council of this Colony that I do myself the honour of writing to your Lordps. at present; the declining circumstances of this country for some years past occasioned by the low value of their tobacco, would have prevailed both with the Council and Assembly to make representations of this nature long ago, had they not been diverted from it by perswading them to wait till the war should be ended; but the late advices they recieved from their correspondents that the merchants in this trade had (with H.M. leave) applyed to the Parliament for a moderation of the high dutys, have prompted the Council to the resolution no longer to delay setting forth to your Lordps. the miserys to which the country is reduced; and as I hope there is nothing in this representation undutifull to H.M. or disagreable to your Lordps., so I hope you will not judge it either impertinent or improper for me, if (being so earnestly solicited as your Lordps. will observe by the copy of the inclosed Address) I recommend this matter to your Lordps'. favour, as well in regard I am perfectly convinced of the truth of many of the matters of fact represented, as in consideration of the prejudice which will arise to H.M. service and the trade of Great Brittain, if the people of this country compelled by necessity should abandon the tobacco trade and apply themselves to other manufactures, etc. Finding that several persons have kept possession of lands by virtue of entrys and surveys without takeing out patents or paying the quit-rents, and that by the practice of this country such entrys are construed to give a title so as to exclude any other person from taking up the same land; and observing also that divers tracts of land fallen to H.M. by right of escheat are possessed without taking out patents or paying the composition due for the same; I have with the advice of the Council issued a proclamation requiring both those who hold new land, and those who possess escheated land, to sue out grants within a short time limited, or otherwise that their lands shall be disposed of to others; this has had so good an effect that above 100 patents for new taken up land have been bespoke within this month since the proclamation was issued; and people who have possessed escheated lands for many years, without a title have also applyed themselves for grants. In the same proclamation, I have enjoined all persons desiring grants of escheated lands to survey the same before they obtain patents: against which regulation divers applications have been made to me under pretence of the charge of surveying; but considering the true reason of this objection doth not proceed from the charge (which is inconsiderable) but from the restraint on fraudulent practices, I shall not give way thereto. For by the former method of passing away escheated lands, the grants were not made according to the true quantity, but according to what the petitioner thought fitt to suggest, and people finding how easily they could defraud the Crown with a double advantage to themselves, both in the payment of the composition and of the quit-rents, have made use of that licence with great freedom, and thereby obtained much larger quantitys of land than are expressed in their grants, which cannot now be remedyed because tho the true quantity hath been concealed, the grant is made for all that the former Patentee held within his ancient bounds. Having on former occasions, and more particularly in my last letter represented to your Lordps. the case of those people who entered for and surveyed lands before the death of Governor Nott, with my humble opinion that grants of such lands be allowed, according to the Acts of Assembly then in force, I shall only beg leave to explain myself that I did not intend thereby the conditions of seating and planting mentioned in the Act passed in 1666, but that in 1705, except only where the entrys were made before the passing of this last Act, which are not above two or three; your Lordps. will be pleased to consider that however the Governor might be mistaken in passing that last law, yet by the constitution of this Government it remained a law to the subject, untill it was formally repealed and how much clamour it will occasion among the people, if that to which they concieve they have a right by a positive law should be denyed them: besides the difficulty in which the Governor must be involved (if any case under this circumstance should come before the General Court) in giving his judgment between an Instruction and a law, wherein tho his own reason may incline him for the former, yet every member having an equal vote, their oaths (being to judge according to law) will carry the judgment for the latter. Since the South Carolina Indians dispersed the Tuscaruros, these have settled themselves near our frontiers: and it is believed are joined by some of the Northern Nations, from whence frequent incursions have been made and divers murders lately committed which hath exceedingly alarmed the people, and induced sundry of the owners of remote plantations to withdraw their familys and stocks: for preventing of which, besides that I formerly mentioned to your Lordps., I have ordered out divers partys in search of those Indians, but without any effect, occasioned partly by the unwillingness of the people to march far from their homes, but principally from the inexperience and want of conduct in the officers, of which there is not one in this whole Colony that ever hath been in any imployment or action in an army, so that I am obliged now to undertake an expedition in person, and intend to take with me 200 voluntiers out of the Militia of the countys most apprehensive of the danger (for those that are far enough from it are little inclined to adventure themselves) and with this force and our tributary Indians either endeavour to bring those Indians to a secure peace or to drive them further from our frontiers. I hope the encouragements of 12d. a day pay together with provisions and ammunition and the conveniency of tents. which I have already provided, and with the concurrence of the Council resolved to defray out of the £1000 given by the Assembly for the relief of North Carolina, will obtain the small number of men I desire, especially when joined with the advantage of taking prisoners, in case I'm obliged to declare war, which the Council have unanimously advised me to do, if the Indians refuse to submit to a peace. The death of several of the Council and the absence of others having reduced the number under nine, and some even of those infirm and unable to attend I have been obliged to make use of the power granted me by H.M. Instructions to fill up the vacancy by calling to that Board Dr. William Cocke, etc. The difficulty of getting together on a sudden emergency a sufficient number of the present Council, because of the remoteness of their dwellings, and the little choice there is of persons fitt to be added makes me the more earnest for the admission of Col. Bassett in his former rank at that Board, which hath hitherto hindered his being sworne. Here are many instances where the like favour hath been granted to others, some of which I mentioned May 8, 1712, and shall now only add one more to witt the case of Coll. Richard Lee, which differs only from this, that he quitted at the Revolution upon a scruple of taking the oaths, and Col. Bassett declined because he was apprehensive his health would not permitt him to attend that service: yet when the former had overcome his scruples he was admitted again in his first station. And since Col. Bassett has always shewed himself well affected to the Government, and is a gentleman of as fair a character and of as plentifull an estate as any in the country I hope your Lordps. will judge him worthy of the same favour as others have had, especially when his entering again into publick business, is occasioned more through my importunity in regard of the want of persons of his character to serve H.M., than any ambition of his own, tho I cannot press him to submitt to an inferior rank than what he hath formerly held. In my letter of Dec. 15, 1710, I gave your Lordps. a large account of the inconveniencys, which the people here labour under by the unequal division of the countys and parishes, and the difficulty of remedying the same by the Assemblys, with the doubt I had whether that matter were proper for their cognizance tho it is a power they have constantly exercised, upon which I should be glad to receive some direction, for as these inconveniencys are still increasing, and that I perceive the people will be contented from what authority soever their redress comes, so I am far from seeking to increase the power of the Governor, unless it shall be thought more agreeable to H.M. service that the distribution of the people into countys and parishes be made by him rather than by Act of Assembly. And tho by perusing the Records of this country I am the more perswaded that many things have heretofore been permitted to be treated in the Assemblys, which would not have been allowed of in England, and that this regulation of countys and parishes may be made with less partiality by the Governor, yet I am unwilling to introduce an innovation from the ancient practice without H.M. particular directions or your Lordps'. approbation. Signed, A. Spotswood. Endorsed, Recd. Read Jan. 7th, 17 13/14;. 4¾ pp. Enclosed,
473. i. Address of the Council of Virginia to Lt. Governor Spotswood, Sept. 11, 1713. Pray the Governor to support their following Representation. Signed, Robert Carter, John Custis, James Blair, Hen. Duke, John Smith, John Lewis, W. Byrd, Will. Fitzhugh, Wm. Cocke. Endorsed, Recd. Jan. 8th, 17 13/14;. 1¾ pp.
473. ii. Council of Virginia to the Council of Trade and Plantations, Sept. 11, 1713. Many of the disadvantages which the tobacco trade hath for some years laboured under have been sufficiently made out of late by the merchants in England, but it is more properly our part to represent the unhappy effects upon this Colony. It is hardly possible to imagine a more miserable spectacle than the poorer sort of inhabitants, whose labour has not for several years afforded them cloathing to shelter them from the violent colds as well as heats to which this climate is subject. The importation of British manufactures and other European commoditys by the merchants, whereby in former times the planters were plentifully supplyed with cloathing, etc. in exchange for their tobacco is now in a manner wholly left off, and the small supplys which some merchants yet adventure sold at such prodigious rates as they please to put thereon, whereby many familys formerly decently cloathed and their houses well furnished are now reduced to rags and all the visible marks of poverty. The credit of the merchants and more considerable planters, which seven years ago was as flourishing as any other of H.M. plantations is now sunk to an incredible degree: those who either by their own industry had acquired, or from the more prosperous fortune of their ancestors received considerable estates, have instead of improving thereof in the way of the tobacco trade, by a continued decay of that commodity, so far involved themselves in debt, that they have now little left but the melancholy prospect of their ruined posterity. A large stock of negroes heretofore accounted the chief riches of this Colony, has only contributed to the more speedy undoing of their owners, for he who has made the best crops of tobacco has but the more effectually diminished his estate, while that commodity has served only to bring him in debt besides the entire loss of his principal adventure: so that the bills of exchange of many considerable planters and traders which some years ago were as of good credit as any in H.M. plantations will not now pass for the smallest sums, etc. It will not appear so strange that many have left off planting as that there should be any yet so dareing as to prosecute a trade which brings in nothing but ruine. Had these calamitys been occasioned only by the accidents of war, or the variableness of trade in markets, we should silently wait for better times. But there are many reasons that induce us to believe that the calamitys attending this trade will not wear off without great assistance from the Government. The dutys are now so high that the people of this country who commonly import the tobacco at their own risque into Great Brittain, have neither money enough of their own nor credit to take up on interest so much as is necessary for defraying so large an expence, and the greatest part of the merchants to whom we are obliged to entrust the sale of our tobaccos are likewise unable to comply with those high duties, their necessitys for money to discharge their bonds at the Custom house forcing them to part with our tobacco at such low rates as barely pay the dutys, freights, their own commission and other charges, and very often the consigner is brought in debt even for a great part of these, etc. The new invented method of makeing the ships storehouses and charging 2s. a hhd. for every month the tobacco is on board is owing to the same want of money to discharge the dutys, and a heavy burden upon our trade, etc. Many frauds in running tobacco without paying the dutys, to the ruine of fair traders, is likewise owing to the high dutys, etc. Since the whole dutys were transferred to the importer, the merchants charge commission on the full sales, etc. Hence many planters have taken to the manufactures of cotton, flax and hemp. Pray that the duties may be moderated and charged on the consumptioner (or retailer) and not on the importer, and that all frauds be discouraged, and for that end all damaged tobacco which pays no duty to the Queen, nor yields any profite to the importer be destroyed, so that it may not be shipped off, to recover a drawback and then be relanded by sinister means, etc. Signed, Robert Carter, Jno. Custis, James Blair, Hen. Duke, Wm. Cocke, John Smith, John Lewis, Will Fitzhugh. Endorsed, Recd. Read Jan. 7th, 17 13/14;. 5 pp. [C.O. 5, 1316. Nos. 100, 100 i., ii.: and (without enclosures) 5, 1364. pp. 5–14.]
Sept. 15. 474. Memorandum of a new Commission for Trade and Plantations. [C.O. 389, 37. p. 63.]
Sept. 16. 475. Rev. Saml. Beresford to the Council of Trade and Plantations. The great goodnes and indulgence wherewith your Lordships have receiv'd my former addresses in our late Governor's time upon my suspension from H.M. Council, give me ye confidence again of approaching to your Lordships on ye same occasion. Mr. Lowther has suspended me from ye Council, giving for reason thereof my marrying a gentleman here without his lycence, etc. I acknowledg I ought to have had ye parent's consent for his son's marriage; but I had ye young lady's consent, wch. is most material; and besides there's nothing more common here, than for old, covetous fathers to seem to deny their approbation, for no other cause, but that they may avoid being oblig'd to provide for them, and this was very likely to be ye case here; and I was made very sure yt. his opposition would continue no longer, than till they were married; besides I knew how ye father had encouraged ye conversation between his son and ye gentlewoman, and had married his only daughter to her brother but a little before. So yt. indeed there's no more in it, but having been bred a Presbyterian he's willing to shew a spite. The Governour has instigated him to petition against me to give him an opportunity of removing one from the Council, who would never give in to his measures, yt. so he might ye better carry on his designs by gaining a majority of his own creatures in ye Council; I humbly conceive, I have good reason to say this; because, there were two bills (one to keep inviolate ye freedom of elections, ye other appointing an agent, and private committee of correspondence) wch. the Assembly had pass'd to serve their turns, wch. ye majority of ye Council opposed, and therefore he was forc't, ye better to carry his point to call a Council, to meet within five hours after ye date of ye summons, (when some of ye members live at 12 and 14 miles distance) where were present none but his own 5 creatures, who pass'd ye same. The gentleman I married is above 23 years of age, and has been trader (on his own account) and been in employments out of his father's jurisdiction for some years; and on many reasons wch. may not be proper to offer to your Lordships, solicited me to marry him, which I did, purely to prevent ye inconveniencys he lay under, and not for any advantage to myself, etc. I was forc't to trouble you, since the Governour has inflicted a secular punishment upon me for an ecclesiastical offence, if any there be. Signed, Saml. Beresford. Endorsed, Recd. Nov. 11, Read Jan. 21, 17 13/14;. 3pp. [C.O. 28, 14. No. 9; and 29, 13. pp. 80–84.]
Sept. 21.
Treary. Chambers.
476. Mr. Lowndes to Mr. Popple. Encloses following. The Lord High Treasurer requests that the Council of Trade and Plantations will consider not only this petition but the whole matter relating to that part of St. Christophers which was lately in the hands of the French and report what they conceive to be most for H.M. advantage in the managing and setling the revenues which may arise from the same. Signed, Wm. Lowndes. Endorsed, Recd. 21st Sept. 1713, Read 23rd March, 17 13/14;. 1 p. Enclosed,
476. i. Petition of Capt. William Stephenson, Commander of H.M.S. Jolly, to the Lord High Treasurer. Prays for H.M. confirmation of a grant of a plantation made by Governor Douglass to petitioner, in the French part of St. Christophers. 1 p.
476. ii. Governor Douglas' grant of land referred to in preceding. "for three years with an equitable title to H.M. bounty for the same in case the whole Island should remaine unto H.M. upon the next Treaty of Peace," etc. May 22, 1713. Signed, Walter Douglas. 1 p. [C.O. 152, 10. Nos. 13, 13 i., ii.]
[Sept. 24.] 477. Petition of Thomas Bernard to the Council of Trade and Plantations. Petitioner, who has a considerable estate in that Island, prays to be appointed to the Council of Jamaica, Charles Long and Edmund Edlyn having been many years absent without H.M. licence etc. Endorsed, Recd. 24th, Read 25th Sept., 1713. 2 pp. [C.O. 137, 10. No. 27; and 138, 14. p. 40.]
Sept. 24.
478. Lord Bolingbroke to the Council of Trade and Plantations. Encloses following for their report, "that I may lay ye same before H.M. on Sunday next." Signed, Bolingbroke. Endorsed, Recd. 24th, Read 25th Sept. 1713. 1 p. Enclosed,
478. i. Petition of Jeremy Dummer, Agent for the Massachusetts Bay and Connecticut, to the Queen. Several of the ships of the said Governments have been captured by Spanish privateers after the suspension of arms took place, as they were lading salt at Tertuda, on a pretence that that Island do's belong to the Crown of Spain. Your Majesty's subjects have ever believ'd it to be free and common as the ocean, it having never been inhabited nor is it capable of it, inasmuch as the whole Island is either rock or barren sand, and has no fresh water on it. Your Majesty's American subjects on the Continent have in all times past supply'd themselves there with very near all the salt they expend in saving their provisions, and especially in curing their fish, which is the principal branch of their returns to Great Britain for the woollen and other manufactures they purchase here. If they are debarr'd fetching salt from thence, they will not only be oblig'd to pay exorbitant rates for it at the Dutch Plantation of Curaco, but the very being of their fishery will entirely depend on the favour of the Dutch. They are the only sufferers, no other nation, not even the Spaniards themselves, ever fetch salt from thence. Prays H.M. to secure for her subjects free access to Tertuda. Signed, Jer. Dummer. 1 p. [C.O. 5, 866. Nos. 6, 6 i.; and 5, 913. pp. 451–453.]
Sept. 25.
479. Capt. Bennett to the Council of Trade and Plantations. Having considered what may attend me when succeeded by Capt. Pulleyne, doe pray leave to acquaint and address your Lordps., that this Governmt. is on several accounts indebted to me in a considerable summe, the particulars of which I cannot yet ascertain, having not received my brother Sir John Bennett's charge of postage of letters and packets, and other disbursemts. (which he placed to my acct.) from 1702, since which time he has transacted for the country (by their repeated request) in their cause and disputes between Mr. Jones and them: and understanding said Jones is comeing with my successor, and concludeing he will insinuate all he can to prevent justice being done me, doe therefore most humbly entreat your Lordps.' insinuations on Capt. Pulleyne, that he as soon as may be call the Assembly together and sincerely and heartily recommend to them that measures may be taken to answer my just demands (the Treasury being low) and if in case Jones does not come with the Governor, I still beg the same favour of your Lordps., least the Assembly (to save mony) will not enter into consideration of anything but what is earnestly proposed by him, etc. Signed, Ben. Bennett. Endorsed, Recd. Jan. 5, Read Aug. 30, 1714. 1¾ pp. [C.O. 37, 9. No. 31; and 38, 7. pp. 195–197.]
Sept. 25.
480. Lord Bolingbroke to Lt. Governor Moody. The Duke D'Aumont having some time ago delivered a memorial, setting forth that the new settlemt. wch. the French are making upon Cap Breton, would not be in a condition to receive the troops wch. are now in Placentia, and therefore that the place could not be evacuated, till spring, I dispatched a letter to Ireland, etc. (v. Sept. 8), and writ at the same time to Mr. Prior to represent to the Court of France, that the Treaty positively stipulates the delivery of the place within seven months from the exchange of the ratifications, that they might if they had pleased, at the same time as they sent a fregat to take measures for establishing a new colony at Cap Breton have dispatched such orders as were necessary to be given for punctually fulfilling this article of the Treaty, and what inconveniencys you and the troops under your command must be exposed to, if at this season of the year the Governor should refuse you admittance. In answer to this, I have received a letter from Mr. Prior, accompanyed with the most Xtian King's orders to Monsr. Costebelle, for the immediate surrender of Placentia, all which are herewith transmitted to you. You will observe, Sr., that the King's orders are positive, and unconditional, and you will therefore take possession of the forts and places that are now in the hands of the French, in as full and ample manner as is intended by the Treaty. But his most Xtian Majesty having desired, that the Queen would be pleased to permit his troops, and other subjects, inhabiting on Newfoundland, to continue there this winter, H.M. considering that it may be impracticable, so late in the year, to remove them to Canada, or any new settlement. wch. the French may intend to make, has thought fit to consent hereunto. You are therefore to dispose them in those places where they will give least annoyance to the Queen's troops and to use your best endeavours to prevent, by a strict discipline, all manner of disorder, insinuating if you find it proper, to them, that their being permitted to stay on the Island, is only a courtesy, and the effect of H.M. goodness. As there are no doubt several persons who have been employed by the French in their fishing, and on other services, and who may be usefull hereafter to the Brittish subjects inhabiting on Newfoundland, I beleive I need not give you a hint of taking all proper methods to induce them to continue there, tho' it is certain we have no right to detain them, if they resolve to leave. Signed, Bolingbroke. Enclosed,
480. i. Matthew Prior to Lord Bolingbroke. Fontainebleau, Sept. 29/18, 1713. In obedience to your Lops.' commands of the 8th inst. O.S. I laid before Monsr. de Torcy the contents of the Duke D'Aumont's Memoriall, accompanied by another from myself, of wch. I send your Lop. a copy; both wch. Monsr. Torey having represented to the King, I am enabled to send your Lop. this order from the King and instruction from Monsr. Pontchartrain to the Governor of Placentia for the surrender of that fort and place. The order your Lop. sees is pure and unconditional, as the Article requires, and as we would have it. The French troops at Placentia cannot be transported to Canada or Cap Breton before the next spring, there being no place yet ready in the latter of these Colonies to receive them. The King therefore desires of the Queen that which by your Lops.' letter I perceive will not be refused, that the troops and other inhabitants may stay this ensuing winter at Placentia. But as the order is unconditional (as I just now observed) and the Article executed, so this permission on H.M. side is only to be looked upon as a favour and the effect of her goodness. Whether the troops remaining still there proceeds from a neglect in Monsr. Pontchartrain, or that Monsr. Desmarck (wch. now he obliquely, insinuates) has not enabled him to remove them, it avails not to determine. The Duke D'Aumont's memorial came out of his quiver, as you suspect, and whence we shall never find any arrow pointed with justice or wing'd with honour. Even these three last days while this affair has been before the King, Monsr. Torcy and myself have received twenty cross conundrums and odd propositions from him upon that subject. To prevent all misunderstanding therefore that may happen from any former order he may have sent, Monsr. Torcy desires (supposing that H.M. thinks it reasonable that the troops should stay) that by the same conveyance by wch. your Lop. sends this order to Col. Moody (wch. I beleive you will do without any loss of time) you will likewise add H.M. pleasure as to the troops and inhabitants, which together with their own King's order will serve as a rule to those who command there; and likewise that you will send back a messenger hither, wth. a copy of such H.M. direction, that this Court may likewise forward it to their people at Placentia by the way that they may judge most proper. As to the latter part of the Duke D'Aumont's Memorial that the French should fish this next year in all the harbours in the Island, Monsr. Torey was really ashamed of the proposition, and I can assure you the King in Councill never gave such order to the Duke D'Aumont (however this must not be said). This too was a refinement of Monsr. Pontchartrain, who I believe has done himself no good in his master's favour by these wise and honourable strokes of ministry. I have answered the first part of the Duke D'Aumont's Memorial, by telling Monsr. de Torcy that your Lop. has writ to the Governor of Dunkirk to take care that what may be found there belonging to his most Xtian Majty. shall be consigned to his officers; the King is informed thereof, and satisfied as to that point. I write this letter without cypher, Barton bringing the packet. Signed, M. Prior. Copy.
480. ii. Matthew Prior to Monsr. de Torcy. Fontainebleau, Sept. 26th, (N.S.) 1713. The Queen has commanded me to convey to the King, that it is with the utmost surprise that Her Majesty finds that the least difficulty is being made with regard to the cession of the town and fort of Placentia, and without entering into a particular discussion of what is formally stipulated on this subject in Article 13 of the Treaty of Peace, that the Most Christian King will cause to be delivered to those who shall be there for that purpose within the space of seven months from the day of the exchange of ratifications of the Treaty and sooner if it can be done the town and fort of Placentia and other places which the French might still possess in the said Island; and without repeating the explanations, which have already been agreed upon between their Majesties' ministers, the Queen orders me to acquaint the King that the officers and troops destined to take possession of the place were to sail from Ireland Aug. 20th last, and ought therefore to arrive in Newfoundland before the beginning of the winter. Whereupon Her Majesty is entirely convinced that the King will please to dispatch to the Commander of the fort or other His officers at Placentia without any loss of time the necessary orders for the evacuation of the fort and the surrender of the place. This will prevent any inconvenience which might otherwise arise in the execution of the Queen's commands, and She will receive it as a fresh indication of the good faith with which the King has acted during the whole course of this negotiation, and of the friendship which the Queen designs to cultivate and ever to increase with His Majesty. Signed, Matt. Prior. French. Copy.
480. iii. M. de Pontchartrain to M. de Costebelle, Governor of Placentia. Fontainebleau, Sept. 29 (N.S.), 1713. Encloses the French King's order to surrender immediately the fort and town of Placentia and other places in Newfoundland held by the French according to the 13th Article of the Treaty of Peace, etc. Signed, Pontchartrain. French. Copy.
480. iv. Order of the King of France that M. de Costebelle, surrender Placentia as preceding. Fontainebleau, Sept. 29 (N.S.) 1713. Signed, Louis. Directed to Mr. Phelypeaux, Governor of Canada. French. Copy.
480. v. Copy of the 13th Article of the Treaty of Utrecht, April 11, 1713. French. [C.O. 324, 33. pp. 4a, 5a–12.]