America and West Indies: December 1713, 1-14

Pages 253-271

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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December 1713, 1-14

Dec. 1.
New England, Boston.
509. Governor Dudley to the Council of Trade and Plantations. My last (24th Aug.) brought the papers relating to the Massachusets Province. This is accompanyed with the papers and Minutes from the Province of Newhampshire, being not willing to venture them all by one conveyance especially a private ship, have therefore sent this pr. Captain Brown H.M.S. Reserve. In my last to Mr. Secretary Popple (Aug. 24) I gave account of the receipt of the Articles of Peace, and Comerce, which I had published to the universall satisfaction of all mankind here, and sent home the dutifull addresses of both the Assemblyes, to H.M. on that behalfe. Since which I have two letters from your Lordships, the first of July 8th. In the first clause thereof your Lordships direct me to give an account referring to the bills of credit in use etc. Upon my arrivall here with H.M. commands for this Government I was soon overtaken with the Proclamation of the warr, into which as soon as in all former warrs the French in my neighbourhood att Canada, soon arm'd themselves and all their dependant Indians and put me upon raysing guards and garrisons, and marching partyes to the number of one thousand men, and more, who after the manner of establishment and subsistance, and paymt. here, with their officers, and incidentall charges, amounts to £30,000 pr. annum, and when the Assemblyes of both the Provinces came to consider, how to raise that money necessary for ye first year, they found all the coyn, and bullion, passing in trade not enô to pay the necessary expences of the year, and by their Comittyes projected these bills of credit, and prayed at first to make a triall of only ten thousand pounds, for which the fund should be an Act of Assembly, for £12,000 payable in three years into the Treasury, making the said bills currant only to pay the said taxes into the Treasury, before the year was out, they granted another tax for as much more upon a like fund for further time. The perfect want of money was such that the bills became currant in all trade with merchants and countrymen, with that honour that I never heard of any abatement in payment, either in trade, or market, or any dealing whatsoever. The heat and length of the warr forct the Assemblyes to continue their impression of them from first to last to the valew of — and all those Acts under H.M. seal of these Provinces are in your Lordships' office sent home annually, and there is no penny issued in bills till that security be duely enacted, signed by the Speaker for the Representatives, by the Secretary for the Councill, by the Governour for the Queen, and agreably there are already in and burnt — thousand pounds and there are yet standing out and in use — thousand pounds which four or five years will bring in and leave the Province out of debt. And I may assure your Lordships' without this method I could never have subsisted nor cloathed the Forces, that have defended and secured these Colonyes as well as our neighbours, but must have left all to ruin and mischief. Referring to that temporary Act to prevent the oppression of debtors your Lordships see by the Act that it is but for three years, and it does not oblige the creditor to take them in payment of the debt, but only that if the debtor can deposite so much, as the debts in Province bills, it shall save his person from imprisonment untill the money can by that means or any other estate discharge his debt, which short time will soon be out, and without any great foresight, it is easy to be seen, that these bills when they come to be paid up will be five pr. cent better then money because the Treasury receives them att that advance, as appears by every one of those Acts and the usage heitherto. The forgery and fraud offer'd to the bills of which your Lordships enquire is not much, and is generally soon discover'd and reformed, and is no other I am humbly of opinion then the corruption, and false coyning of money, stampt paper, and other paper credits which has been too often done in Great Britain, which I hope will be all over in three or four years, by which time the last of them will come to the fire, however, what your Lordships in your wisdom shall direct, shall be done therein. Referring to the return of H.M. subjects from the French, and Indian hands in Canada. I have lately received the French King's orders to Mr. Voderil the Governour there to dismiss them all, and with those letters I have sent overlands agents to demand and garther together those prisoners, and have acquainted Mr. Voderil that I will send a ship early in the spring up Canada River for their transportation home, of which negotiation I shall acquaint your Lordships for further direction if need be. I am glad of your Lordships' satisfaction in my endeavours to restore the Eastern Indians to their obedience, to H.M., and hope the Articles of the Treaty with them are att the Board before now, they are intirely submitted to H.M. disposall and we are in all friendship with them, and shall return to our employment of navall stores and husbandry everywhere as formerly. I shall obey your Lordships in seeking to advance the Secretaryes salaryes in both the Provvinces as they well deserve. I received the Treatyes of Peace, and Assiento which your Lordships last mention in this letter, and H.M. great wisdom, and princely regard to all her good subjects, and neighbours is apparent therein to all mankind. Your Lordships other letter is of the 25th of Aug. referring to sending home prisoners without proof of their crimes. It has been my good fortune, heither to never to send any prisoner home. but I shall obey your Lordships in the method commanded if any such thing happen. Signed, J. Dudley. Endorsed, Recd. 15th Jan. 1713/14, Read 25th June, 1718. 2½ pp. [C.O. 5, 866. No. 153; and 5, 915. pp. 130–135.]
[Dec. 1.] 510. Declaration of John Martin. Charlestown. On May 30th Joseph Ellecut came in from the Bahamas and told Mr. Craven that he was taken by a Spaniard there, as were also two New England and one Bermuda vessels, come there to load salt. (v. Oct. 13). Signed, John Martin. Endorsed, Recd. Read Dec. 1, 1713. 1 p. [C.O. 5. 866. No. 9; and 5, 913. p. 460.]
Dec. 1.
511. Lord Bolingbroke to Lt. Governor Moody. Your letters of the 4th of Octr. from Vigo, and of the 24th from Lisbon are come safe to my hands, and I have laid them before the Queen, who thought fit, to consult with the Lords of the Admiralty, upon what you propose therein, as most conducive to H.M. service, and I am now to acquaint you that H.M. approves of your continuing at Lisbon, with the forces under your command, during this winter, that you may be able to proceed very early in the spring to Placentia, and She has given orders that a timely supply shall be sent you of such provisions as you may have occasion for in your voyage. I beleive the Lords of the Admiralty have writ to this effect to their officer. Signed, Bolingbroke. [C.O. 324, 33. pp. 19, 20.]
Dec. 2.
512. Mr. Popple to Mr. Borret. Presses for Mr. Solicitor General's report on Acts of Pensylvania (v. Aug. 3). [C.O. 5, 1292. p. 394.]
Dec. 3.
513. Lord Bolingbroke to the Council of Trade and Plantations. The Spaniards in the West Indies having seized several ships belonging to H.M. subjects as they were lading salt according to custom at Tertudos, on pretence that it was an unlawful practice for that the said Island belonged to the Crown of Spain, I send you an abstract of the case that you may please to take the same into consideration, and inform H.M. how the prescription is as to her subjects gathering salt on that Island. Signed, Bolingbroke. Endorsed, Recd. Read Dec. 4, 1713. 1 p. Enclosed,
513. i. Abstract of following. 1 p.
513. ii. Address of the Governor, Council and Assembly of the Massachusetts Bay to the Queen. Salt for the fishery of this Province has hitherto principally been gotten from Salt Tertudos etc. as Sept. 24, an island uninhabited and in all times past used and free for your Majesty's subjects to gather and load salt there without interruption, save only what they have sometimes met with from pirates and privateers in time of war, and have likewise had your Majesty's royal favour in allowing them the protection of a ship of warr for a guard and convoy. But in this present summer, long after the suspension of arms, a ship of good burthen named the Marlborough galley, Daniell Frizell commdr., belonging to the Port of Boston, and other English vessells lading salt at the said Island, were surpriz'd and seiz'd as they lay at anchor by an armed sloop mann'd with about 80 men, commanded by Monsr. Nell, captain, having a commission from the Spanish Governor of St. Domingo, and carry'd to that Island, on pretence of unlawfully gathering salt there, as belonging to the Crown of Spain. Pray H.M. to secure her subjects a free and uninterrupted course of trade to the said Island, etc. Signed, J. Dudley, Isa. Addington, Secy., John Burrill, Speaker. Copy. 3 pp. [C.O. 5, 866. Nos. 10, 10 i., ii.; and (without enclosures) 5, 913. p. 461.]
Dec. 4.
Treary Chambers.
514. Wm. Lowndes to Mr. Popple. The Lord High Treasurer refers following to the Council of Trade and Plantations for their report. Signed, Wm. Lowndes. Endorsed, Recd. Dec. 18th, Read 5th Jan. 1713/14. 1 p. Enclosed,
514. i. Philip Ludwell to the Lord High Treasurer. Nov. 26, 1713. Prays, on behalf of himself and Nathaniel Harrison, Commissioners appointed for settling the bounds betwixt Virginia and Carolina, and of Harry Beverly, Jno. Allen and Henry Briggs, persons employed in that service, payment for the same of £250 out of the Revenue arising by the quit-rents, etc. Signed, Phil. Ludwell. 4½ pp.
514. ii. Copy of Minutes of Council of Virginia, April 30th, 1713, recommending payment of above. 2 pp. [C.O. 5, 1316. Nos. 98, 98 i., 99; and (without enclosures) 5, 1364. pp. 4, 5.]
Dec. 4.
515. Mr. Popple to George Tilson. The Board of Trade request a copy of the address relating to Tertudas, presented to Lord Bolingbroke. v. No. 513 ii. Signed, Wm. Popple. 1 p. [C.O. 5, 751. No. 86.]
Dec. 4.
Boston, New England.
516. Extract of a letter upon the state of Placentia etc. (To same effect as Dec. 11 q.v.) Endorsed, Recd. (from Mr. Moore) Jan. 25th, Read Feb. 9th, 1713/14. 1¼ pp. [C.O. 194, 5. No. 28.]
Dec. 5. 517. Deposition of Robert Keirton, mariner. Narrates seizure of the Marlborough galley. v. No. 513 ii. Endorsed, Recd. 7th, Read 16th Dec. 1713. 1 p. [C.O. 5, 866. No. 11.]
Dec. 7.
Boston in New England.
518. Mr. Bridger to [? Lord Bolingbroke]. I have prosecuted several persons to an execution for a breach of the Act forbidding the cutting of mast trees, and the officers have levyed upon their estates for the penaltys, and when the day of sale came, their neighbours being offenders in the like crime, none would appear to buy, so that the forfeitures are not levyed, nor can untill the Act of Parliament have some amendments made, etc. The addition of Nova Scotia to H.M. Dominions is an enlargement of my survey; where there is great numbers of masts, and ought to be preserved for the use of H.M. Navy; which service will requier that I have deputies allowed me, etc. 'Tis impossible for one person to do it, etc. Signed, J. Bridger. Endorsed, Rd. Jan. 15. 1¾ pp. [C.O. 5, 751. No. 87.]
Dec. 7.
Boston in New England.
519. Same to [? Lord Bolingbroke]. Encloses petition to H.M. from the people of Newbury belonging to the Church of England, wch. Church they have built at theire owne charge tho' forbid by the Goverment, and to prevent any future alienations or alterations of the peoples minds and humors, I have bought the ground the Church stands on, and have made it so secure that it cannot be taken away, there is now 300 auditors: in 6 months I am pretty well assured we shall have more than twice that number. etc. Signed, J. Bridger. 1 p. Enclosed,
519. i. Address of the Minister, Churchwardens, Vestrymen and Inhabitants belonging to the Church of England in the west precinct of Newberry in New England, to the Queen. Our gratefull sense of the advantages of the Peace rises in proportion to the miseries we endur'd by the war, which rag'd more in this Colony than in any other part of your Majesty's Dominions. Our country has been the scene where the barbarous and savage enemie acted unexampled cruelties and the laying wast our towns the butchering of our neighbours or leading them into a miserable captivity are the evils from which we are now delivered. But this happy change in our temporal condition is not ye only subject of our joy. Your Majesties' care of our spirituall concerns does likewise claim our most unfeigned acknowledgments. For we are inform'd by General Nicholson (that worthy patron of vertue and religion) that your Majesty graciously intends to establish bishops and bishopricks within your Majesty's Plantations of America, and that the Honourable Society for propogating the Gospel in Foreign Parts encourag'd by your Majesty's pious resolution have laid before your Majesty the particular manner of their respective settlements. Being convinc'd that the Church of England is a pure Orthodox Church we have left the schism which has so unhappily prevail'd in this country, and we have reason to believe that many other places will follow our example and come into ye communion of the Church were they so happy as to have ye successors of the Apostles resident among them. Commend the services of John Bridger, "who has protected us in building our church when forbid, and obtain'd for us since the protection of this Government by easing us of our minister's tax, and releasing one from imprisonment, all which was inflicted on us by the Independants." Pray for H.M. protection and bounty, etc. Signed, John Lambton, Minister; Joshua Brown, Abraham Merrill, Churchwardens; Joseph Bailey, Samuel Burtlet (?), Abel Long, Saml. Sawyer, Joshua Brown, jr., John Bartlett, Vestrymen: William Huse, and 19 others. 1 p. [C.O. 5, 751. Nos. 88, 88 i.]
Dec. 9.
Boston, New England.
520. Memorial by Capt. Cyprian Southack. Urges the diligent improvement of the fishing trade of L'Accadie and Nova Scotia by settling inhabitants along the coast, etc. Signed, Cyprian Southack, gent. Endorsed, Recd. (from Mr. Moore) Jan. 25, Read Feb. 9, 1713/14. 2 pp. [C.O. 194, 5. No. 29.]
Dec. 11.
521. Archibald Cumings to the Council of Trade and Plantations. Having left Newfoundland Oct. 24th to waite on Col. Nicolson here none of our troops were arrived att Placentia the 17th Oct. etc., and att Col. Nicholson's request having drawen up a memoriall of the state and trade of that countrey which he approved off and desired me to lay before your Lordships, which is as follows. The codd fishery is improved to the vast advantage of Great Brittain, and might be improved to greater advantage, for there has been imployed in that trade and fishery some years of last peace 200 sail, and in time of warr 130 to 150. It is to be hoped that the surrender of Placentia may make it more beneficiall. The branches of trade that country more immediately depends upon are provisions of all sorts which are imported from Great Brittain, Irland and the plantations, craft for the fishery and clothing from Great Brittain, salt from Spain and Portugall and in time of peace from France. There is also a trade carried on from Portugall and Spain and since the peace from France for wines, oyll, brandy, fruites, iron, linens, molosses, alamodes, canvis, paper, and from Holland of late for cordage, hollands, duck, powder, iron, polls etc. which is very detrimentall to the trade and manufactures of Great Brittain and will more and more unless speedily prevented by putting the Acts of trade in execution in that country, and it's supposed severall ships imployed in that trade belong to forreigners which is very prejudiciall to our Navigation, and a great deall of this trade is carried on to incourage an illegall trade to the Plantations, to prevent which it will be absolutely necessary that all ships should enter and clear that the Government may be the better informed of the import and export of that countrey and that all the ships should be registred as the law directs to prove the property to be Brittish, and that the officers in the Customes in that countrey may be enabled to putt the Acts of trade in execution by erecting and establishing a Court of Admiraltey, etc. As to other branches of trade carried on from the Plantations thither with provisions rume molosses suger tobacco pitch tarr catle boards there is litle or no illegall trade carried on this way only when tobacco is plenty and cheap and pitch and tarr it is sometimes shiped from thence for Portugall and Spain, but a great deal of illegall trade carried on from thence to the Plantations with wines, oyll, fruites, brandies and Dutch goods. But the French having still the liberty to fish in the northern parts of Newfoundland so round to Point Rich to the westward it will be necessary for the incouragement of that trade and fishery to have such places fortified as may be thought most proper for fortification and protection of the fishery in case of an irruption with the French being so near neighbours and especialy since they are to have Cape Britton and are now actualy fortifying of itt being an island of 40 leagues in length and they are fortifying three harbours in itt and for the incouragement of the French in Nfoundland and Nova Scotia to remove and setle where the French King offers 18 months provisions gratis with sloops shallops and shalloways to carry on the fishery att his own charge etc. The French have had a man of warr of 32 guns with Monsr. St. Ovid Lt. Governour of Placentia and most of the soldiers of that garrison imployed in fortifying of itt since July with a detachment of 150 men from Quebeck to assist, all the brass field peices mortars and cohorns taken in Fort William in St. Johns in 1708 being transported to Cape Brittoun and a great deall of ammunition and 150 of the inhabitants of Placentia went in shallops and shalloways in September last to setle ther. The garrisons of Placentia are much out of repaire and doe beleive the French will in a manner demolish the lower fort this winter there being a great breach to the seaward and pulling down the pallisadoes to burn daily and if in the winter any storms should arrise may beat down all the ramparts to seaward unless our troops gett there this fall. But the setling of Cape Britton and fortifying itt in 3 places or harbours being 40 leagues in length 40 mile broad with severall convenient harbours and store of good timber with abundance of coals of easy access and the only place for them on the continent having so many advantages it wold seem that the French designe a vast trade there, and in case of an irruption between France and us would threaten both our fishery and continent trade, besides ther alliance with the Indians on that Island and the Continent adjoyning might threaten our remotest settlements. But the French by setling Cape Britton will have many advantages over us in the fishery it being a good coast for fishing and near severall adjacent banks and the Island of Sable which they propose to setle being a good place for fishing, which they pretend to be granted by the king to an officer Mons. Laronde though in our bounds by the Articles of peace. To putt us upon a levell and to promote our own fisherys it will be absolutely necessary to have two harbours fortified on the coast of Nova Scotia where our fishing sloops may repair to and all such places most convenient for shipping and nearest the fishing ground to be a check over the French and Indians in thesse parts and to incourage our fishery there by which means the fishery may be carried on winter and summer that so in going sooner to marcate with fish wee may have an advantage over them in thers and by consequence the best price, and if it was possible as H.M. subjects are the only traders to Spain and Portugall for wines brandy oyl and fruites to gett off the duty on Brittish fish or a diminution thereof it will be very advantagious to our trade and fishery, etc. Signed, Archd. Cumings. Endorsed, Recd. 18th, Read 19th Jan. 1713/14. Addressed. 1¾ pp. [C.O. 194, 5. No. 26; and 195, 5. pp. 316–323.]
Dec. 12.
Boston, New England.
522. Col. Vetch to the Council of Trade and Plantations. I could not but judge it my duty by this conveyance to give your Lordships the trouble of the following short account notwithstanding I hope to have the honour to waite upon your Lordships in person very soon with a more full account of the state of affairs in the northern part of this Continent: I mean Accadie and Nova Scotia: where I have for these three years last past had the honour to command H.M. Fort of Annapolis Royall. The following account is what I see in a letter from France to on(e) Msr. Goline a Missionary for the Indians upon the coast of Cape Sables and Cape Brittoun and from his own mouth; he being a person of the greatest credit att the French Court with relation to these countrys as knowing them better then any Indian whatsomever. The substance of the letter was, that by the conclusion of the peace the English were to be possessed of all the eastern coast as farr as the Gutt of Cancer, which country the Ministers of France had too easily parted with as not being then sufficiently apprised of its value: however they were not without hopes of yet in some measure by getting the Bay of Fundy or French Bay made the limits of the English to the eastward: this if it depends only upon the English Ministers they doubted not to obtain. In the mean time the French King had ordred three considerable settlements att Cape Brittoun, and had alotted all the funds that were formerly for the support of Port Royall and the country of L'Accadie and Nova Scotia: Placentia and St. Peters in Newfoundland to be apply'd for the support of Cape Brittoun: besides a considerable augmentation and that there was to be 600 regular troops to belong to the three Forts to be erected there; so far the letter. Msr. Goline told me himself that Msr. St. Ovide late Lieut. Govr. of Placentia was arrived from France in a frigatt of 36 gunns att Cape Brittoun, that he had received from him letters from Mrs. Pontcharterne to give his oppinion and advice to Msr. Castobell late Govr. of Placentia and the other principall officers that were to be at Cape Brittoun of the properst places for building the forts and settlements upon: who was by their desire pressed to make all possible haste to Cape Brittoun: Msr. St. Ovide who then commanded att Cape Brittoun: wrote him that a detachmt. from Quibeck of 180 men were arrived under the command of Captn. La Ronde and Duvive and a part of the garrison of Placentia under the command of Msr. Hermite late Major there: and that they had aboard the frigatt all proper tools and necessarys for working upon the fortifications: he added that the King was to make the settlement of Cape Brittoun much like that of Martinico: that there was to be a Generall who he said to be the Marquis D'Alergny present Commandant of the troops att Canada. That Msr. Du Costobell to be Chief Govr. of the Island Msr. St. Ovide Lieut. Govr. Msr. Artell to be Commandant of the troops and Msr. Hermite Major and Commander of on of the forts and Chief Engineer. That the French King had promised every planter that would go settle there 18 months provisions gratis and all sorts of tools: and to encourage the fishery promised to lend them ships and advance them salt and other necessarys. This I thought myself in duty bound to inform your Lordships of, whose province it is to judge how farr this will affect the Brittish interest and trade in these parts, etc. P.S.—The above-mentioned Capt. La Ronde and Du Vive belonged to the garison of Port Royall when wee took that place, but the first was not there being Capt. of a frigatt, and mostly employed by the French Govrs. in these parts as a spy in the Brittish Governments under pretence of a flagg of truce: he was att Boston under that character from Placentia when the expedition against Quibeck arrived there: and was confined to the Castle untill after the news of the disaster of the Fleet reached that place when he gott of and went to Martinico. It is to this La Ronde as wee are informed via Placentia that the French King hath given the Isle of Sables: which by the Articles of peace to belong to the Brittish Dominions in these parts. Signed, Sam. Vetch. Endorsed, Recd. 15th, Read 19th Jan. 1713/14. 2 pp. [C.O. 217, 1. No. 14; and 218, 1. pp. 82–85.]
Dec. 14.
Boston in New England.
523. Governor Nicholson to the Earl of Dartmouth. Acknowledges letter of Aug. 4th. Compliments. Encloses following, of which 3,000 were printed at Boston. Continues:—There are sent over to this place, and I suppose to others of this Continent all the traiterous factious and ill-natured pamphlets of all sorts; and are industriously spread abroad amongst the people. Repeats proposal that a good number of loyal prints be sent by the first safe conveyance, to H.M. Governors, in order to have them disperst in their several Governments in order to undeceive the people, etc. Signed, Fr. Nicholson. 2 pp. Enclosed,
523. i. H.M. Speech to the Houses of Parliament, July 16, 1713. Reprinted at Boston by order of Col. Nicholson. 4 pp. [C.O. 5, 751. Nos. 89, 89 i.]
Dec. 14.
Boston in New England.
524. Governor Nicholson to the Council of Trade and Plantations. Acknowledges letters of May 8 and July 15th. Continues:—My not touching at Annapolis Royall for want of pilotts and after came hither Capt. Wade Commander of H.M.S. Adventure durst not venture it being so late in the year. I sent your Lordships' commands to Major Thomas Caulfield, H.M. Lieut. Governor of Annapolis Royall etc. Refers to enclosures. I design to go [thither] (God willing) in the spring and from thence to Placentia tho' as yet I have recd. no news of Col. Moody's being arrived there and the winter being now sett in can't expect it, etc. Signed, Fr. Nicholson. Endorsed, Recd. Jan. 15, Read Feb. 9, 17 13/14. 1¾ pp. Enclosed,
524. i. (a) Governor Nicholson to Lt. Govr. Caulfield. Boston, Oct. 20, 1713. Encloses copies of the establishment, H.M. Commission and Instructions, Proclamation of Peace etc. and gives Instructions concerning the officers of the Garrison. P.S.—I desire that as few suttling houses and ordinarys as possible may be both in the fort and town and that you'l let me know the number of them and upon what accot. they are, and you must suffer no person whatsoever to trade with any of yr. garrison without yr. lycence and see that justice be done on both sides, not suffering comoditys to be sold at extravagant rates and that no person whatsoever furnish yr. garrison with any of the species of clothing untill all her Majty.'s be dispos'd of, and I heartily recommend to you that as little licquor as possible be sold to any of the garrison, etc. Signed, Fr. Nicholson. Copy. 5½ pp.
524. i. (b) Lt. Governor Caulfield to Governor Nicholson. Annapolis Royall, Nov. 5, 1713. Acknowledges preceding etc. The inclosed Memorial will shew you the impossibility of our subsisting on the allowance of fire, that the establishment hath appointed, etc. Encloses musterrolls of the 4 companies, and refers to regimental business. etc. This day I summoned all the inhabitants of this place and signify'd H.M. goodness to them, the principall of which seems extreamly well satisfyd and willing to continue in their plantations which in my humble opinion will be of great service to this garrison, and as for the others the sooner we are rid of them the better. According to your orders I shall take care to lessen the sutlers, etc. Signed, Thos. Caulfield. Copy. 5 pp.
524. i. (c) Governor Nicholson to Lt. Governor Caulfield. Boston, Nov. 15, 1713. Encloses his Commission of Vice-Admiralty and refers to arrangements for provisioning the garrison, etc. Let me know how the trade with your Indians is managed for great care must be taken therein, etc. I send you the law lately passed here concerning the Indian Trade, by which you may see what care is here taken about it, the Assembly desired my assistance about the said Act, etc. Signed, Fr. Nicholson. Copy. 2¼ pp. The whole endorsed, Recd. Jan. 15, 1713/14.
524. ii. Governor Nicholson to Governor Hunter. Boston, Oct. 19, 1713. Encloses correspondence, Commissions and Instructions etc. Mr. William Newton brings other letters. I desire your Excelly. will let me have an accot., what condition your four companies are in, both in respect to number and clothing and where they are in garrison, as likewise how your affairs are with your Indians especially the Five Nations, also in what circumstances the Palatins are etc. I hope this winter or early in the spring to be with your Excellency at New York. Signed, F. Nicholson. Copy. 2 pp.
524. iii. (a) Governor Hunter to Governor Nicholson. New York, Oct. 26, 1713. I am at a loss what to do with the Lieuts. for the bills for their subsistance last year are not paid, and there being such considerable summs stopt in the Pay Office, that I doubt they have contracted such debts here as will retard their departure untill satisfaction be given to those who have trusted them, etc. The Governor and Lt. Govr. when there is one, have always had two of the Companys etc. Discusses distribution of officers. As to the condition of our companys they are in a much better then ever they have been since they were levied, having lately receiv'd 100 recruits from England, the best of the kind I ever saw, being draughted from the standing regiments, by which means we are compleated to our establishment and many supernumerary. They were compleatly new cloathed last week, etc. I have two companys intire here in garrison, there are two at Albany, out of which there is detacht a Lieut. and 20 men at the fort in the Mohacks country, and a Lieut. and 20 men at Schenectady, nowe the companys are compleated, I shall reinforce both these places. The uper Nations have been in a great ferment upon accot. of the warr, betwixt our Southern Provinces and the Tuscororo Indians, but have at last promis'd that they will neither shelter nor assist them for the future, this they did lately by Hendrick Hansen, Bleeker and others, whome I sent to them for that purpose; Coll. Schuyler declineing that service upon account of his late loss, and indeed it goes very hard both with those employed and him who employs them; for our Assemblys here will allow nothing for these so absolutely requisite services. Encloses list of the Palatines. Totals, 724 on the east and 284 on the west side of Hudson's River; 500 at Schoharee and 500 dispersed amongst the planters for their subsistance. Continues:— Having exhausted all my credit and substance toward the subsisting that people and pursueing H.M. instructions for that purpose and none of my bills paid, I was laid under the hard necessity of ordering them to subsist themselves in the best manner they could until H.M. further pleasure should be known, but none of them to leave the Province upon any account, which I believe few have done, the accounts etc. are ready for your inspection, etc. Signed, Ro. Hunter. Copy. 5 pp.
524. iii. (b) Governor Hunter to Governor Nicholson. New York, Nov. 2, 1713. Enquires what officers are to be sent from hence to Placentia and Annapolis Royall, and the date of his proposed visit, etc. Signed, Ro. Hunter. Copy. ¾ p.
524. iii. (c) Governor Nicholson to Governor Hunter. Reply to No. iii. (a). Boston, Nov. 2, 1713. I writ to the WarrOffice, to know where the half pay officers are to be paid, but as yet received no answer; in the intrim it will be best for them where they are, and that your Excellency will subsist or get them credit proportionable to their half pay, there being no sending any of them this winter either to Annapolis Royal or Placentia, etc. Refers to clothing arrangements, etc. The first bill for building the two Mohawks fort was paid long before I left London, the other I heard nothing of, but hope they will be paid if yr. Excelly. will write to my Lord High Treasurer. I hope yr. Assembly will pay those gentlemen that have and shall be employ'd to goe into the Indians' country, especially the Honble. Coll. Peter Schuyler. As for subsisting the Palatins, I have no commands from H.M. about it, but I desire you to let me know whether any of them are at present subsisted and upon wt. accot., and to what time they have been, what progress they have made in tarr etc., if any of them are at work on that comodity or any other and upon what account. I desire an account of provisions, arms, stores etc. that came to your hands or other persons in your Government upon accot. of the late expedition to the River of Canada, and such part of the remains of the said stores, provisions etc. as will not be necessary to serve the uses for which they were first provided may be sold and disposed of to H.M. best advantage. Signed, Fr. Nicholson. Copy. 2¼ pp.
524. iii. (d) Governor Hunter to Governor Nicholson. New York, Nov. 9, 1713. I have all along done what I could to serve Col. Schuyler, and as often as he has brought me any accounts for his services amongst the Indians so often have I recommended them to the Assembly, and he has been paid, etc. The Palatins were subsisted by me from their arrivall in this Province to Sept. 13th, 1712, as will appear by the books kept by the officers appointed for that service. The non-payment of my bills and the consequence of it there being a stop put to their subsistance made it impracticable to prepare a succession of trees for the ensueing years, that poor people with all their labour having difficulty enough to find their dayly bread, but such of them as remain upon the place, if I can find credit, I intend to employ in the manufacturing the trees all ready prepar'd which promise very well, that work is to begin early the next spring at farthest, the trees requireing to stand three years time after their first preparation as the Lords of Trade are sufficiently appriz'd. When they are at work it is upon the public account as I was instructed for I have never yet imployed one of them on my own. I will send accounts of stores, etc. Signed, Ro. Hunter. Copy. 2 pp.
524. iii. (e) Copy of Lord Dartmouth's letter of Feb. 13, 1712.
524. iii. (f) Governor Hunter's message to the Assembly upon Lord Dartmouth's letter (preceding) relating to stores. Copy. 1 p.
524. iii. (g) Governor Nicholson to Governor Hunter. Boston, Nov. 9, 1713. Enquires what time in the spring he is to meet the Five Nations, because he would be there, etc. Signed, Fr. Nicholson. Copy. ½ p.
524. iii. (h) Governor Hunter to Governor Nicholson. N. York, Nov. 16, 1713. The end of this week I goe to Burlington to attend the Assembly there. In the spring I must meet the Assembly here, who shew at present some disposition to pay the debts of the Government. I know not how long they may continue in that mind and am not sanguine enough to hope for so good an issue. If that affair may be discussed before May, I intend then to meet the Five Nations' Deputys at Albany, etc. Signed, Ro. Hunter. Copy. ½ p.
524. iii. (i) Governor Nicholson to Governor Hunter. Boston, Nov. 16, 1713. Reply to iii. (d). The reason I mentioned Col. Schuyler was because you had writt about him Oct. 26th, etc. Signed, Fr. Nicholson. Copy. 1 p.
524. iii. (j) Governor Hunter to Governor Nicholson. N. York, Nov. 23, 1713. Replies to preceding. I have a letter from Mr. Taylor by order of my Lord Treasurer to send him my accots. and vouchers. Sure they must mean copys, which they allready have, but it cannot be expected that I should part with my vouchers until I am discharged, etc. Signed, Ro. Hunter. Copy. ½ p.
524. iii. (k) Governor Nicholson to Governor Hunter. Boston, Nov. 23, 1713. Encloses letters from Lord Dartmouth to be sent to M. Segon, Intendant of Canada, and Mr. Dural, Director General for the Assiento Company, Carthagena, etc. Mr. Newton is at last arrived (v. ii. supra). Signed, Fr. Nicholson. Copy. 1½ pp.
524. iii. (l) Governor Nicholson to Governor Hunter. Boston, Nov. 30th, 1713. I should be glad to know what accots. you are to send to my Lord High Treasurer. Mr. Newton writes me that he was 24 days going between Rhod Island and New York, etc. Mem. What letters went by ye post to New York could not be answered sooner than a fortnight being seven days going and seven returning. Signed, Fr. Nicholson. Copy. 1 p. The whole endorsed, Recd. Jan. 15, 17 13/14.
524 iv. Governor Nicholson to Governor Craven of South Carolina. Boston, Nov. 3, 1713. Encloses Commission, etc. This opportunity by Mr. Samll. Savill is ye first since my arrivall ye 12th of last month. I hope to have the honour of seeing you in your Goverment next summer, etc. I hope you'll lett me know whereby I may be enabled to do H.M. any service in your Government. I likewise desire you will send me an accot. of ye condicon of your Goverment as likewise what accot. you have of ye Bahama Islands. P.S.—I have discoursed Mr. Savill about ye French settlements on ye Messascipi River and shall be glad to know from you ye particulars of that affair. I think it concerns your Governmt. to have as just and full accot. about ye settlemt. of ye said river either by French or Indians as possible you can and if I can be any ways serviceable in that affair it shall be readily done by, Signed, Fr. Nicholson. Same endorsement. Copy. 1 p.
524 v. Governor Nicholson to the Lords Commissioners of the Admiralty. Boston, Dec. 11th, 1713. Encloses papers relating to Capt. Caleb Wade. H.M.S. Adventure. Continues:— I considering our arrivall here so late in the year, with the ways I found Capt. Wade intended to have taken, by either going to the West Indies or wintering here, not being able to go from hence to the northwd. or returning from the West Indies before Aprill, that he would want pilots to all places except Newfoundland and Virginia, that the Adventure drew too much water to go over the barr to Charles Town, (the seat of the Governmt.) in South Carolina, as likewise among the Bahama Islands, that it was dangerous for the said ship to go to Annapolis Royall and along the coast of Nova Scotia, except in summer time, that provisions here are and likely to be very scarce and dear though I should fail in my duty to Her most sacred Majestie, if I did not do what in me lay for the sd. Capt. Wade's returning with H.M. ship as soon as possible to Great Britain in order to receive your Lordships commands. I shall endeavour (God willing) to discharge the trust H.M. has been pleas'd to honour me with, without putting H.M. to the great charge of such a frigot, for if she had stayed to have carryed me to the severall places in my Commission mencon'd I suppose it would have taken up two years more to have accomplish'd it, but I hope to do it in less time, though it will be much more troublesome and chargeable to me, but those things shall never govern me. Asks for their orders to the frigots attending the several Governments to transport him as H.M. interest shall require, etc. Asks that Capt. Wade may not be given full credit in any charges he may bring without his having the opportunity of justifying himself, etc. The principall thing which I intend is, that H.M. might not be put to 5 or 6000l. a year charge upon my acct. (which I suppose the Adventure would stand in) when I can transact H.M. affairs without it, etc. Signed, Fr. Nicholson. Same endorsement. Copy. 2 pp.
524. vi. Governor Nicholson to the Board of Ordnance. Boston, Dec. 11, 1713. I am very much concerned that there have been such differences at the garrison of Annapolis Royal, between Col. Vetch, Mr. Vane and Mr. Hutchinson etc. Encloses papers concerning them. I think that unless those gentlemen should appear before your Honours to make out their accusations against one another, you will not be able to know the full truth of them. I have spoke to Col. Vetch and Mr. Borland to let me have the muster-rolls and accounts of provisions, etc. Col. Vetch designs for Great Britain in the spring, etc. Col. John Redknap is by this oppertunity designed to wait on your Honours and will give you an acct. of Annapolis Royal, etc. P.S.—I am now examining the accots. of Ordnance stores, etc. Signed, Fr. Nicholson. Subscribed,
524. vi. (a) Inventory of stores of war at Boston intended for the Canada Expedition. Signed, Andr. Belcher, Commissary. The whole endorsed, Recd. Jan. 15, 17 13/14. Copy. 2 pp.
524. vii. Governor Nicholson to the Commissioners of Customs. I am heartily sorry that the first time I have the honour of writing to you [is] upon so ungratefull a subject as that of the Tiverton galley. Encloses papers and asks for directions, etc. H.M. immediate service here not permitting me to go to the southward this winter, Esq. Birchfield is gone to New York and from thence for Maryland, and I hope he will perswade Judge Mompesson to go with him thither, that Gent. being esteemed the best lawyer in these parts, and I heartily wish he could go for Great Britain because I believe it would conduce to H.M. service, in particular concerning H.M. Revenue, etc. Capt. Charles Brown, H.M.S. Reserve, now designed for Great Britain, was here when the affair of the Tiverton galley happened. I think it would be for H.M. service that the Capts. of H.M. ships had a power from your Honrs. about illegall trade. etc. Commends Capt. Brown. Signed, Fr. Nicholson. Same endorsement. Copy. 2¼ pp. [C.O. 217, 1. Nos. 15, 15 i.–vii.; and (without enclosures) 218, 1. pp. 86–89.]
Dec. 22. 525. Mr. Solicitor General to the Council of Trade and Plantations. Report upon Acts of Pensylvania. (v. Aug. 3) (1) As to the Act for ascertaining the rates of mony for payments of debts and preventing exactions in contracts and bargains made before May 1st, 1709, passed in Pensylvania Oct. 14, 1708, I can't but take notice of a clause therein, whereby 'tis enacted that the prices of all goods, wares and merchandizes whatsoever, shall after May 1st, 1709, be computed at ¾ of the sum and no more which the seller would have taken for them, if no change had been made in the currency of their coins by H.M. Proclamation of June 18, 1704; and the British Act of 6th of her present Majesty for the ascertaining the rates of foreign coins in H.M. Plantations; which clause may not only be the foundation of many disputes, but may possibly render H.M. proclamation and the British Act which were intended to make the foreign coins go at the same rate in all H.M. Plantations ineffectual; because by lowering the price of goods ¾ in Pensylvania, in consequence in respect to the other Plantations the coin there will be raised to the old value; and therefore whether this is a sufficient reason for repealing this Act, I must submit to your Lordsps. As to the Act for establishing Courts of Judicature passed in Feb. 1710, I conceive there are several things in it not proper to be established as law. I can't see any occasion for erecting such a Supream Court of Judicature as therein is mentioned; since Justice as to all the particulars mentioned in this Act is already administred in Pensylvania in Courts which this Act calls inferiour Courts; and those are still to continue; only this Court to be erected is to draw from them what business they think proper by certioraries, writs of error, habeas corpus etc., which will only multiply suits, or make proceedings at law more dilatory and expensive. The Justices of Peace have a power given them to make persons find sureties, for threatning any person in body or estate; and yet 'tis not required the charge should be on oath or affirmation which leaves a very arbitrary power in the Justices. In that part of the Act which enacts several laws of Great Britain to be observed there, 'tis enacted that the Act of 8 and 9 W. III. for preventing frivolous and vexatious suits shall be put in execution in Pensylvania as far as circumstances admit. What is meant thereby I can't apprehend; but it seems very improper to say an Act shall be observed as far as circumstances will admit. In relation to the proceedings in Equity; there is a clause, that they shall determine nothing determinable at common law; nor try any fact arising on hearing the cause but send it to an issue at law. Which I apprehend must make proceedings in equity insufferably dilatory and multiply tryals at law in the plainest cases to no manner of purpose, for which reason I am humbly of opinion that this Act ought to be repealed. As for the Act for regulating and establishing fees. I should have no objection against it, did it not establish as well the fees of officers of the Supream Court and Sessions of the Peace and Court of Equity erected by the Act for establishing Courts of Judicature, as fees of other officers. And therefore if your Lordships should be of opinion to advise H.M. to repeal that Act, 'twould look odd in this to have the fees of a great number of officers mention'd to be established; whereas there will be no such officers if that Act is repealed. As to the Act for acknowledging and recording of deeds. There is a clause therein whereby 'tis enacted, that every deed or conveyance (other than leases for 21 years or under) heretofore made for any lands, tenements or hereditaments in this Province not yet acknowledged or proved nor recorded, which shall within 5 years after March 25, 1711, be acknowledged or prov'd and recorded as therein is mentioned, and all such deeds etc. as had been at any time since Jan. 12, 1705 acknowledged or proved and recorded as that Act directs should take effect from the time of the signing and sealing and be good and available in law. By which 'tis implied that without the aid of this Act, such deeds are not good; and then this Act will make them good by a retrospect which may prejudice innocent purchasors and creditors. As to the Act directing an affirmation to such who for conscience sake can't take an oath, I find that the 4th Dec. 1711 the then Lords Commissrs. of Trade made a representation to H.M. to disallow an Act of this nature (possibly this very Act) passed in Pensylvania because the affirmation therein differed materially from the affirmation enjoyn'd the Quakers by Act of Parliament here; and particularly in that the name of Almighty God was not mentioned, and because a Quakers might give evidence in criminal matters on his affirmation; which objections hold against this Act now transmitted: and taking such affirmation is likewise to qualifye any magistrate. As to the Act of privileges to a Freeman. Such an Act formerly passed was repealed, because it interfered with the Act of 7 and 8 Wm. III. for preventing frauds and regulating abuses in the Plantation Trade, and tho' this present Act has added a saving to the Admiralty Courts, yet I am apprehensive it still may interfere with that Act; and I can't well see what occasion there is for this Act since by the laws already in being the Freemen are entituled to all the privileges mentioned therein. As to the act against riotous sports, plays and games. It restrains persons from several innocent sports and healthy diversions, and the penalties in it are too general, and therefore I humbly conceive it ought to be repealed. As to the Act for priority of payments of debts to the inhabitants of this Province. I apprehend among traders in point of reason all persons who give credit to and make contracts with others should stand on the same foot as to the point of recovery of their debts, and I conceive that such a preference of creditors as is given by this Act may prejudice all the subjects of Great Britain who deal with the inhabitants of Pensylvania, and therefore that this Act ought to be repealed. As for the Act for regulating party walls and buildings in Philadelphia, it gives to the Mayor and Court of Aldermen of Philadelphia a power to determine differences about party walls and buildings, and to give damages; after which the party may sue for those damages in any Court of Record and judgemt. there given shall be definitive; on which I observe, that the giving a new suit for the damages after the Mayor and Aldermen have awarded the same; seems a round about away, and only multiplies suits. In the next place if a new suit is to be allowed, there ought to be allowed an appeal to H.M., which is disallow'd by this Act. As to the Act for laying a duty on negroes, wine, rum and other spirits, cyder and vessels. Tho' this Act will expire March 10th, 1713; yet I submit to your Lordships' consideration how far it may be proper for them at Pensylvania to lay a duty on negroes, wine, rum all shipping, etc., and how far it may affect H.M. subjects here of which your Lordships are most proper judges. An Act confirming patents and grants. This Act confirms lands granted by old grants. before Wm. Penn had the Government, and new grants since; with a proviso that this Act shall not confirm any lands took up by old grants and not duly seated or improved by the grantees before 1682, and yet for anything appearing to me, who have not the former Acts, such old grants might be good; and if so, then if Penn has granted those lands since his last grant is confirm'd by this Act, and the old grant avoided. The proviso wherein 'tis said the proprietor shall not be thereby obliged to make good to any purchaser a right to unlocated lands who in advertency or by misinformation did or may obtain a patent or confirmation of lands which are discovered to be the prior right of another person further or any more than the same quantity of lands in the next advantageous place, that such purchasor shall chuse and discover to be vacant and free from all other claims, seems unreasonable because, if no such land can be found, the purchasor is to have no satisfaction for his purchase. As to the Act for better Governmt. of the City of Philladelphia. This Act inflicts 5s. penalty on persons riding a gallop; and 10s. for persons trotting with drays or their teams in their streets, and 5s. for suffering a dogg or bitch to go at large; or firing a gun without license or if a negroe be found in any of the disorderly practices or other misbehaviors, he may be whipt 21 lashes for any one offence or committed to prison, which words "other misbehaviors" are very uncertain, and give very arbitrary power where the punishment is great. As to the Act for empowering religious societies to buy, hold and enjoy lands, tenements and hereditaments. There is a clause in it which confirms all sales, gifts or grants to them already made, which having a retrospect may be very prejudicial to purchasors, creditors and other persons, and therefore I apprehend 'tis fit to be repealed. A supplementary Act to a law about the manner of giving evidence. This is lyable to the same objections as the Act directing an affirmation etc. An Act to prevent the importation of negroes and Indians into this Province. How far this Act may interfere with the British interest as to their trading in negroes your Lordships are most proper judges. But I observe, this Act gives a power to break open houses to search upon suspicion of negroes being there generally, which extends to night as well as day, which power is rarely admitted by our law in offences of an inferior nature. A supplementary Act to an impost Act laying a duty on negroes, rum, wine, spirits, cyder and vessels and appropriating certain sums of money arising by the same and other publick stocks of this Province. This Act depends on the impost act and ought to have the same determination concerning it. Enumerates 12 Acts to which he has no objection. An Act for the further securing the administration of the Government. An Act of this nature was repealed before upon a representation of the then Lords Commissioners of Trade Sept. 8, 1709, that the Governor might elude the Queen's power of approving a Lt. Governor as long as the Proprietor should think fit to continue the Government in the hands of the President and Council, which mischiefe seems to be remedied; because the power vested in the President and the Council by virtue of the proviso in this Act continues but six months, which is the time appointed for the Governor to nominate a Lt. Governor; and from thence till the Queen's pleasure is known. Signed, Robt. Raymond. Endorsed, Recd. 22nd Dec., 1713. Read, 13th Jan. 17 13/14. 12 pp. [C.O. 5, 1264. No. 140; and 5, 1292. pp. 395–407.